PUBLIC LAW 108–199—JAN. 23, 2004 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress 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

Consolidated

Appropriations

Act, 2004.

Jan. 23, 2003

[H.R. 2673]

118 STAT. 4 PUBLIC LAW 108–199—JAN. 23, 2004

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. REFERENCES.

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

Act’’ contained in any division of this Act shall be treated as

referring only to the provisions of that division.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,

FOOD AND DRUG ADMINISTRATION, AND RELATED

AGENCIES APPROPRIATIONS ACT, 2004

An Act

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

and for other purposes.

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

the Treasury not otherwise appropriated, for Agriculture, Rural

Development, Food and Drug Administration, and Related Agencies

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

other purposes, namely:

Agriculture,

Rural

Development,

Food and Drug

Administration,

and Related

Agencies

Appropriations

Act, 2004.

1 USC 1 note.

PUBLIC LAW 108–199—JAN. 23, 2004 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

CHIEF ECONOMIST

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

new uses, and the functions of the World Agricultural Outlook

Board, as authorized by the Agricultural Marketing Act of 1946

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

NATIONAL APPEALS DIVISION

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

OFFICE OF BUDGET AND PROGRAM ANALYSIS

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

HOMELAND SECURITY STAFF

For necessary expenses of the Homeland Security Staff,

$499,000.

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information

Officer, $15,493,000.

COMMON COMPUTING ENVIRONMENT

For necessary expenses to acquire a Common Computing

Environment for the Natural Resources Conservation Service, the

Farm and Foreign Agricultural Service and Rural Development

mission areas for information technology, systems, and services,

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

asset acquisition of shared information technology systems,

including services as authorized by 7 U.S.C. 6915–16 and 40 U.S.C.

1421–28: Provided, That obligation of these funds shall be consistent

with the Department of Agriculture Service Center Modernization

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

of the Department’s Chief Information Officer.

118 STAT. 6 PUBLIC LAW 108–199—JAN. 23, 2004

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial Officer, $5,684,000: Provided, That the Chief Financial Officer shall

actively market and expand cross-servicing activities of the National

Finance Center: Provided further, That no funds made available

by this appropriation may be obligated for FAIR Act or Circular

A–76 activities until the Secretary has submitted to the Committees

on Appropriations of both Houses of Congress a report on the

Department’s contracting out policies, including agency budgets

for contracting out.

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

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

OFFICE OF CIVIL RIGHTS

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

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

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

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to

Public Law 92–313, including authorities pursuant to the 1984

delegation of authority from the Administrator of General Services

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

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

and for alterations and other actions needed for the Department

and its agencies to consolidate unneeded space into configurations

suitable for release to the Administrator of General Services, and

for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, as follows:

for payments to the General Services Administration, $123,910,000,

and for buildings operations and maintenance, $32,559,000, to

remain available until expended: Provided, That not to exceed 5

percent of amounts which are made available for space rental

and related costs for the Department of Agriculture in this Act

may be transferred between such appropriations to cover the costs

of new or replacement space 15 days after notice thereof is transmitted to the Appropriations Committees of both Houses of Congress.

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to

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

Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.),

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 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

(INCLUDING TRANSFERS OF FUNDS)

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

necessary expenses for management support services to offices of

the Department and for general administration, security, repairs

and alterations, and other miscellaneous supplies and expenses

not otherwise provided for and necessary for the practical and

efficient work of the Department: Provided, That this appropriation

shall be reimbursed from applicable appropriations in this Act

for travel expenses incident to the holding of hearings as required

by 5 U.S.C. 551–558.

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS)

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

funded by this Act, including programs involving intergovernmental

affairs and liaison within the executive branch, $3,796,000: Provided, That these funds may be transferred to agencies of the

Department of Agriculture funded by this Act to maintain personnel

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

by this appropriation may be obligated after 30 days from the

date of enactment of this Act, unless the Secretary has notified

the Committees on Appropriations of both Houses of Congress on

the allocation of these funds by USDA agency: Provided further,

That no other funds appropriated to the Department by this Act

shall be available to the Department for support of activities of

congressional relations.

OFFICE OF COMMUNICATIONS

For necessary expenses to carry out services relating to the

coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information,

work, and programs authorized by Congress in the Department,

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

for farmers’ bulletins.

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General,

including employment pursuant to the Inspector General Act of

1978, $77,281,000, including such sums as may be necessary for

contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General

Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants,

118 STAT. 8 PUBLIC LAW 108–199—JAN. 23, 2004

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

98.

OFFICE OF THE GENERAL COUNSEL

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

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary salaries and expenses of the Office of the Under

Secretary for Research, Education and Economics to administer

the laws enacted by the Congress for the Economic Research

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

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service in

conducting economic research and analysis, as authorized by the

Agricultural Marketing Act of 1946 (7 U.S.C. 1621–1627) and other

laws, $71,402,000.

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics

Service in conducting statistical reporting and service work,

including crop and livestock estimates, statistical coordination and

improvements, marketing surveys, and the Census of Agriculture,

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

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

expended for the Census of Agriculture.

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to enable the Agricultural Research

Service to perform agricultural research and demonstration relating

to production, utilization, marketing, and distribution (not otherwise

provided for); home economics or nutrition and consumer use

including the acquisition, preservation, and dissemination of agricultural information; and for acquisition of lands by donation,

exchange, or purchase at a nominal cost not to exceed $100, and

for land exchanges where the lands exchanged shall be of equal

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

which shall not exceed 25 percent of the total value of the land

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

Provided, That appropriations hereunder shall be available for the

operation and maintenance of aircraft and the purchase of not

to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250

for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any

one building shall not exceed $375,000, except for headhouses or

greenhouses which shall each be limited to $1,200,000, and except

7 USC 2254.

PUBLIC LAW 108–199—JAN. 23, 2004 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 Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the

Beltsville Agricultural Research Center: Provided further, That the

foregoing limitations shall not apply to replacement of buildings

needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):

Provided further, That funds may be received from any State,

other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research

project of the Agricultural Research Service, as authorized by law:

Provided further, That all rights and title of the United States

in the 1.0664-acre parcel of land including improvements, as

recorded at Book 1320, Page 253, records of Larimer County, State

of Colorado, shall be conveyed to the Board of Governors of the

Colorado State University for the benefit of Colorado State University.

None of the funds appropriated under this heading shall be

available to carry out research related to the production, processing

or marketing of tobacco or tobacco products.

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement,

extension, alteration, and purchase of fixed equipment or facilities

as necessary to carry out the agricultural research programs of

the Department of Agriculture, where not otherwise provided,

$63,810,000, to remain available until expended.

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

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

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

the Hatch Act of 1887 (7 U.S.C. 361a–i), $180,148,000; for grants

for cooperative forestry research (16 U.S.C. 582a through a–7),

$21,884,000; for payments to the 1890 land-grant colleges, including

Tuskegee University and West Virginia State College (7 U.S.C.

3222), $36,000,000, of which $1,507,496 shall be made available

only for the purpose of ensuring that each institution shall receive

no less than $1,000,000; for special grants for agricultural research

(7 U.S.C. 450i(c)), $111,312,000; for special grants for agricultural

research on improved pest control (7 U.S.C. 450i(c)), $13,675,000;

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

for the support of animal health and disease programs (7 U.S.C.

3195), $4,559,000; for supplemental and alternative crops and products (7 U.S.C. 3319d), $1,069,000; for grants for research pursuant

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

$1,118,000, to remain available until expended; for the 1994

research grants program for 1994 institutions pursuant to section

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

Colorado State

University.

Maryland.

118 STAT. 10 PUBLIC LAW 108–199—JAN. 23, 2004

remain available until expended; for rangeland research grants

(7 U.S.C. 3333), $900,000; for higher education graduate fellowship

grants (7 U.S.C. 3152(b)(6)), $2,900,000, to remain available until

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

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

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

program for Hispanic-serving Institutions (7 U.S.C. 3241),

$4,673,000; for noncompetitive grants for the purpose of carrying

out all provisions of 7 U.S.C. 3242 (section 759 of Public Law

106–78) to individual eligible institutions or consortia of eligible

institutions in Alaska and in Hawaii, with funds awarded equally

to each of the States of Alaska and Hawaii, $3,150,000; for a

secondary agriculture education program and 2-year post-secondary

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

U.S.C. 3322), $4,024,000; for sustainable agriculture research and

education (7 U.S.C. 5811), $12,295,000; for a program of capacity

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

funds under the Act of August 30, 1890 (7 U.S.C. 321–326 and

328), including Tuskegee University and West Virginia State College, $11,479,000, to remain available until expended (7 U.S.C.

2209b); for payments to the 1994 Institutions pursuant to section

534(a)(1) of Public Law 103–382, $1,689,000; and for necessary

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

None of the funds appropriated under this heading shall be

available to carry out research related to the production, processing

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

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

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

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

EXTENSION ACTIVITIES

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

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

American Samoa, $441,731,000, as follows: payments for cooperative

extension work under the Smith-Lever Act, to be distributed under

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

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

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

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

343(b)(3)), $2,946,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act,

$52,366,000; payments for the pest management program under

section 3(d) of the Act, $9,620,000; payments for the farm safety

program under section 3(d) of the Act, $4,940,000; payments to

upgrade research, extension, and teaching facilities at the 1890

land-grant colleges, including Tuskegee University and West Virginia State College, as authorized by section 1447 of Public Law

95–113 (7 U.S.C. 3222b), $15,000,000, to remain available until

expended; payments for youth-at-risk programs under section 3(d)

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

and certification extension grants, to be awarded competitively

under section 3(d) of the Act, $446,000; payments for carrying

PUBLIC LAW 108–199—JAN. 23, 2004 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.

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants

programs, including necessary administrative expenses,

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

under section 406 of the Agricultural Research, Extension, and

Education Reform Act of 1998 (7 U.S.C. 7626), $39,793,000,

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

for the food safety program, $4,052,000 for the regional pest

management centers program, $4,371,000 for the Food Quality

Protection Act risk mitigation program for major food crop systems,

$1,338,000 for the crops affected by Food Quality Protection Act

implementation, $3,150,000 for the methyl bromide transition program, and $1,900,000 for the organic transition program; for a

competitive international science and education grants program

authorized under section 1459A of the National Agricultural

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.

3292b), to remain available until expended, $900,000; for grants

programs authorized under section 2(c)(1)(B) of Public Law 89–

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

$1,353,000 for the regional rural development centers program;

and $8,000,000 for the homeland security program authorized under

section 1484 of the National Agricultural Research, Extension, and

Teaching Act of 1977, to remain available until September 30,

2005.

OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

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

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

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

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary salaries and expenses of the Office of the Under

Secretary for Marketing and Regulatory Programs to administer

programs under the laws enacted by the Congress for the Animal

and Plant Health Inspection Service; the Agricultural Marketing

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

118 STAT. 12 PUBLIC LAW 108–199—JAN. 23, 2004

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

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

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

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

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

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

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

animals and birds to the extent necessary to meet emergency conditions; of which $51,000,000 shall be used for the boll weevil eradication program for cost share purposes or for debt retirement for

active eradication zones: Provided, That no funds shall be used

to formulate or administer a brucellosis eradication program for

the current fiscal year that does not require minimum matching

by the States of at least 40 percent: Provided further, That this

appropriation shall be available for the operation and maintenance

of aircraft and the purchase of not to exceed four, of which two

shall be for replacement only: Provided further, That, in addition,

in emergencies which threaten any segment of the agricultural

production industry of this country, the Secretary may transfer

from other appropriations or funds available to the agencies or

corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest

and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7

U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant

Protection Act (7 U.S.C. 7751 and 7772), and any unexpended

balances of funds transferred for such emergency purposes in the

preceding fiscal year shall be merged with such transferred

amounts: Provided further, That appropriations hereunder shall

be available pursuant to law (7 U.S.C. 2250) for the repair and

alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the

fiscal year shall not exceed 10 percent of the current replacement

value of the building.

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

to cover the total costs of providing technical assistance, goods,

or services requested by States, other political subdivisions,

domestic and international organizations, foreign governments, or

individuals, provided that such fees are structured such that any

entity’s liability for such fees is reasonably based on the technical

assistance, goods, or services provided to the entity by the agency,

and such fees shall be credited to this account, to remain available

until expended, without further appropriation, for providing such

assistance, goods, or services.

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance,

environmental support, improvement, extension, alteration, and

purchase of fixed equipment or facilities, as authorized by 7 U.S.C.

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

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

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 13

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses to carry out services related to consumer protection, agricultural marketing and distribution, transportation, and regulatory programs, as authorized by law, and for

administration and coordination of payments to States, $75,430,000,

including funds for the wholesale market development program

for the design and development of wholesale and farmer market

facilities for the major metropolitan areas of the country: Provided,

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

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

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

shall not exceed 10 percent of the current replacement value of

the building: Provided further, That, in the case of the term of

protection for the variety for which certificate number 8200179

was issued, on the date of enactment of this Act, the Secretary

of Agriculture shall issue a new certificate for a term of protection

of 10 years for the variety, except that the Secretary may terminate

the certificate (at the end of any calendar year that is more than

5 years after the date of issuance of the certificate) if the Secretary

determines that a new variety of seed (that is substantially based

on the genetics of the variety for which the certificate was issued)

is commercially viable and available in sufficient quantities to meet

market demands.

Fees may be collected for the cost of standardization activities,

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

LIMITATION ON ADMINISTRATIVE EXPENSES

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

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

to 10 percent with notification to the Committees on Appropriations

of both Houses of Congress.

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

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

1935 (7 U.S.C. 612c), shall be used only for commodity program

expenses as authorized therein, and other related operating

expenses, except for: (1) transfers to the Department of Commerce

as authorized by the Fish and Wildlife Act of August 8, 1956;

(2) transfers otherwise provided in this Act; and (3) not more

than $15,392,000 for formulation and administration of marketing

agreements and orders pursuant to the Agricultural Marketing

Agreement Act of 1937 and the Agricultural Act of 1961.

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and

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

Notification.

Certificates.

118 STAT. 14 PUBLIC LAW 108–199—JAN. 23, 2004

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

shall be used to make noncompetitive grants under this heading.

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United

States Grain Standards Act, for the administration of the Packers

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

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

Provided, That this appropriation shall be available pursuant to

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

improvements, but the cost of altering any one building during

the fiscal year shall not exceed 10 percent of the current replacement value of the building.

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

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

services: Provided, That if grain export activities require additional

supervision and oversight, or other uncontrollable factors occur,

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

to the Committees on Appropriations of both Houses of Congress.

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary salaries and expenses of the Office of the Under

Secretary for Food Safety to administer the laws enacted by the

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

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by

the Federal Meat Inspection Act, the Poultry Products Inspection

Act, and the Egg Products Inspection Act, including not to exceed

$50,000 for representation allowances and for expenses pursuant

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

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

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

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

the fiscal year 2002 level shall be employed during fiscal year

2004 for purposes dedicated solely to inspections and enforcement

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

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

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

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

shall not exceed 10 percent of the current replacement value of

the building.

Notification.

PUBLIC LAW 108–199—JAN. 23, 2004 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

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration

and implementation of programs administered by the Farm Service

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

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

of the Commodity Credit Corporation to make program payments

for all programs administered by the Agency: Provided further,

That other funds made available to the Agency for authorized

activities may be advanced to and merged with this account.

STATE MEDIATION GRANTS

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

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

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments

to dairy farmers and manufacturers of dairy products under a

dairy indemnity program, $100,000, to remain available until

expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program

described in the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 2001

(Public Law 106–387; 114 Stat. 1549A–12).

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and

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

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

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

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

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

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

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

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

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

eradication program loans, $100,000,000.

118 STAT. 16 PUBLIC LAW 108–199—JAN. 23, 2004

For the cost of direct and guaranteed loans, including the

cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans,

$33,648,000, of which $5,130,000 shall be for guaranteed loans,

and $28,518,000 shall be for direct loans; operating loans,

$163,004,000, of which $39,960,000 shall be for unsubsidized

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

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

In addition, for administrative expenses necessary to carry

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

which $283,020,000 shall be transferred to and merged with the

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.

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

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

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

any transfer.

RISK MANAGEMENT AGENCY

For administrative and operating expenses, as authorized by

section 226A of the Department of Agriculture Reorganization Act

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

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

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

CORPORATIONS

The following corporations and agencies are hereby authorized

to make expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accord

with law, and to make contracts and commitments without regard

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

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

year for such corporation or agency, except as hereinafter provided.

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal

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

to remain available until expended.

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

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

to reimburse the Commodity Credit Corporation for net realized

losses sustained, but not previously reimbursed, pursuant to section

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

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES)

For the current fiscal year, the Commodity Credit Corporation

shall not expend more than $5,000,000 for site investigation and

Notification.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the

Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation

of conservation plans and establishment of measures to conserve

soil and water (including farm irrigation and land drainage and

such special measures for soil and water management as may

be necessary to prevent floods and the siltation of reservoirs and

to control agricultural related pollutants); operation of conservation

plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests

therein for use in the plant materials program by donation,

exchange, or purchase at a nominal cost not to exceed $100 pursuant

to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection

or alteration or improvement of permanent and temporary

buildings; and operation and maintenance of aircraft, $853,004,000,

to remain available until expended (7 U.S.C. 2209b), of which

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

and not less than $11,500,000 is for operation and establishment

of the plant materials centers, and of which not less than

$23,500,000 shall be for the grazing lands conservation initiative:

Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings

and public improvements at plant materials centers, except that

the cost of alterations and improvements to other buildings and

other public improvements shall not exceed $250,000: Provided

further, That when buildings or other structures are erected on

non-Federal land, that the right to use such land is obtained as

provided in 7 U.S.C. 2250a: Provided further, That this appropriation shall be available for technical assistance and related expenses

to carry out programs authorized by section 202(c) of title II of

the Colorado River Basin Salinity Control Act of 1974 (43 U.S.C.

1592(c)): Provided further, That qualified local engineers may be

temporarily employed at per diem rates to perform the technical

planning work of the Service: Provided further, That none of the

funds made available under this paragraph by this or any other

appropriations Act may be used to provide technical assistance

118 STAT. 18 PUBLIC LAW 108–199—JAN. 23, 2004

with respect to programs listed in section 1241(a) of the Food

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

WATERSHED SURVEYS AND PLANNING

For necessary expenses to conduct research, investigation, and

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

watershed investigations and planning, in accordance with the

Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–

1009), $10,562,000: Provided, That none of the funds made available

under this paragraph by this or any other appropriations Act may

be used to provide technical assistance with respect to programs

listed in section 1241(a) of the Food Security Act of 1985 (16

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

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures,

including but not limited to research, engineering operations,

methods of cultivation, the growing of vegetation, rehabilitation

of existing works and changes in use of land, in accordance with

the Watershed Protection and Flood Prevention Act (16 U.S.C.

1001–1005 and 1007–1009), the provisions of the Act of April 27,

1935 (16 U.S.C. 590a–f), and in accordance with the provisions

of laws relating to the activities of the Department, $87,000,000,

to remain available until expended; of which up to $10,000,000

may be available for the watersheds authorized under the Flood

Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a): Provided, That

not to exceed $40,000,000 of this appropriation shall be available

for technical assistance: Provided further, That not to exceed

$1,000,000 of this appropriation is available to carry out the purposes of the Endangered Species Act of 1973 (Public Law 93–

205), including cooperative efforts as contemplated by that Act

to relocate endangered or threatened species to other suitable habitats as may be necessary to expedite project construction: Provided

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

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

technical assistance with respect to programs listed in section

1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)).

WATERSHED REHABILITATION PROGRAM

For necessary expenses to carry out rehabilitation of structural

measures, in accordance with section 14 of the Watershed Protection

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

with the provisions of laws relating to the activities of the Department, $29,805,000, to remain available until expended: Provided,

That none of the funds made available under this paragraph by

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

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

RESOURCE CONSERVATION AND DEVELOPMENT

For necessary expenses in planning and carrying out projects

for resource conservation and development and for sound land use

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

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

PUBLIC LAW 108–199—JAN. 23, 2004 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 1985 (16 U.S.C. 3841(a)): Provided

further, That the Secretary shall enter into a cooperative or contribution agreement with a national association regarding a

Resource Conservation and Development program and such agreement shall contain the same matching, contribution requirements,

and funding level, set forth in a similar cooperative or contribution

agreement with a national association in fiscal year 2002: Provided

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

the budget, shall be available for national headquarters activities.

TITLE III

RURAL DEVELOPMENT PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Rural Development to administer programs under

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

the Rural Business-Cooperative Service, and the Rural Utilities

Service of the Department of Agriculture, $636,000.

RURAL COMMUNITY ADVANCEMENT PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants, as

authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except

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

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

of which $75,919,000 shall be for rural community programs

described in section 381E(d)(1) of such Act; of which $605,006,000

shall be for the rural utilities programs described in sections

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

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

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

$1,000,000 shall be available for the rural utilities program

described in section 306E of such Act; and of which $76,500,000

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

Provided, That of the amount appropriated for rural business and

cooperative development programs, $100,000 shall be for a pilot

program in the State of Alaska to assist communities with community planning: Provided further, That of the total amount appropriated in this account, $24,000,000 shall be for loans and grants

to benefit federally recognized Native American tribes, including

grants for drinking water and waste disposal systems pursuant

to section 306C of such Act, of which $4,000,000 shall be available

for community facilities grants to tribal colleges, as authorized

by section 306(a)(19) of the Consolidated Farm and Rural Development Act, and of which $250,000 shall be available for a grant

to a qualified national organization to provide technical assistance

for rural transportation in order to promote economic development:

Contracts.

118 STAT. 20 PUBLIC LAW 108–199—JAN. 23, 2004

Provided further, That of the amount appropriated for rural commu- nity 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

PUBLIC LAW 108–199—JAN. 23, 2004 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 commu- nity programs, not to exceed $22,000,000 shall be to provide grants

for facilities in rural communities with extreme unemployment

and severe economic depression (Public Law 106–387), with 5 percent for administration and capacity building in the State rural

development offices: Provided further, That of the amount appropriated, $28,000,000 shall be transferred to and merged with the

‘‘Rural Utilities Service, High Energy Cost Grants Account’’ to provide grants authorized under section 19 of the Rural Electrification

Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year

balances for high cost energy grants authorized by section 19 of

the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be

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

Energy Costs Grants Account’’.

RURAL DEVELOPMENT SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration

and implementation of programs in the Rural Development mission

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

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

other provision of law, funds appropriated under this section may

be used for advertising and promotional activities that support

the Rural Development mission area: Provided further, That not

more than $10,000 may be expended to provide modest nonmonetary

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

Rural Housing Service, and the Rural Business-Cooperative Service

salaries and expenses accounts shall be transferred to and merged

with this appropriation.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and

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

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

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

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

for direct loans, and of which $2,725,172,000 shall be for unsubsidized guaranteed loans; $35,004,000 for section 504 housing repair

loans; $116,545,000 for section 515 rental housing; $100,000,000

for section 538 guaranteed multi-family housing loans; $5,045,000

for section 524 site loans; $11,500,000 for credit sales of acquired

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

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

For the cost of direct and guaranteed loans, including the

cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans,

118 STAT. 22 PUBLIC LAW 108–199—JAN. 23, 2004

$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; multifamily credit sales of acquired property, $663,000; and section 523

self-help housing land development loans, $75,000: Provided, That

of the total amount appropriated in this paragraph, $7,100,000

shall be available through June 30, 2004, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area

Partnership Zones.

In addition, for administrative expenses necessary to carry

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

shall be transferred to and merged with the appropriation for

‘‘Rural Development, Salaries and Expenses’’.

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed

pursuant to the authority under section 521(a)(2) or agreements

entered into in lieu of debt forgiveness or payments for eligible

households as authorized by section 502(c)(5)(D) of the Housing

Act of 1949, $584,000,000; and, in addition, such sums as may

be necessary, as authorized by section 521(c) of the Act, to liquidate

debt incurred prior to fiscal year 1992 to carry out the rental

assistance program under section 521(a)(2) of the Act: Provided,

That of this amount, not more than $5,900,000 shall be available

for debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Act, and not to exceed $20,000

per project for advances to nonprofit organizations or public agencies

to cover direct costs (other than purchase price) incurred in purchasing projects pursuant to section 502(c)(5)(C) of the Act: Provided

further, That agreements entered into or renewed during the current fiscal year shall be funded for a 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.

MUTUAL AND SELF-HELP HOUSING GRANTS

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

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

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

authorized empowerment zones and enterprise communities and

communities designated by the Secretary of Agriculture as Rural

Economic Area Partnership Zones.

RURAL HOUSING ASSISTANCE GRANTS

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

supervisory and technical assistance, compensation for construction

defects, and rural housing preservation made by the Rural Housing

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

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

Contracts.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

FARM LABOR PROGRAM ACCOUNT

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

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

until expended, for direct farm labor housing loans and domestic

farm labor housing grants and contracts.

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by

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

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

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

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

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

be available through June 30, 2004, for the Delta Regional Authority

(7 U.S.C. 1921 et seq.): Provided, That such costs, including the

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

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

of the total amount appropriated, $2,447,000 shall be available

through June 30, 2004, for the cost of direct loans for authorized

empowerment zones and enterprise communities and communities

designated by the Secretary of Agriculture as Rural Economic Area

Partnership Zones.

In addition, for administrative expenses to carry out the direct

loan programs, $4,272,000 shall be transferred to and merged with

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

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

For the principal amount of direct loans, as authorized under

section 313 of the Rural Electrification Act, for the purpose of

promoting rural economic development and job creation projects,

$15,002,000.

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

loans as defined in section 502 of the Congressional Budget Act

of 1974, $2,792,000.

Of the funds derived from interest on the cushion of credit

payments in the current fiscal year, as authorized by section 313

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

obligated and $2,792,000 are rescinded.

118 STAT. 24 PUBLIC LAW 108–199—JAN. 23, 2004

RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under

section 310B(e) of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1932), $24,000,000, of which $2,500,000 shall be

for cooperative agreements for the appropriate technology transfer

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

shall be for cooperatives or associations of cooperatives whose primary focus is to provide assistance to small, minority producers

and whose governing board and/or membership is comprised of

at least 75 percent minority; and of which not to exceed $15,000,000,

to remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section

6401 of the Farm Security and Rural Investment Act of 2002

(7 U.S.C. 1621 note).

RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES

GRANTS

For grants in connection with second and third rounds of empowerment zones and enterprise communities, $12,667,000, to

remain available until expended, for designated rural empowerment

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

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

be made available to third round empowerment zones, as authorized

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

RENEWABLE ENERGY PROGRAM

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

and grants, under the same terms and conditions as authorized

by section 9006 of the Farm Security and Rural Investment Act

of 2002 (7 U.S.C. 8106), $23,000,000 for direct and guaranteed

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

direct loans and loan guarantees, including the cost of modifying

such loans, shall be as defined in section 502 of the Congressional

Budget Act of 1974.

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Insured loans pursuant to the authority of section 305 of the

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

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

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

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

and for guaranteed underwriting loans pursuant to section 313A,

$1,000,000,000.

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

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

PUBLIC LAW 108–199—JAN. 23, 2004 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’’.

RURAL TELEPHONE BANK PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The Rural Telephone Bank is hereby authorized to make such

expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by

section 104 of the Government Corporation Control Act, as may

be necessary in carrying out its authorized programs. During fiscal

year 2004 and within the resources and authority available, gross

obligations for the principal amount of direct loans shall be

$173,503,000.

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

be transferred to and merged with the appropriation for ‘‘Rural

Development, Salaries and Expenses’’.

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

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

broadband telecommunication loans, $602,000,000.

For grants for telemedicine and distance learning services in

rural areas, as authorized by 7 U.S.C. 950aaa et seq., $39,000,000,

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

shall be made available to convert analog to digital operation those

noncommercial educational television broadcast stations that serve

rural areas and are qualified for Community Service Grants by

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

the Communications Act of 1934, including associated translators,

repeaters, and studio-to-transmitter links.

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

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

loans shall be the cost of borrowing to the Department of the

Treasury for obligations of comparable maturity: Provided further,

That the cost of direct loans shall be as defined in section 502

of the Congressional Budget Act of 1974.

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

for a grant program to finance broadband transmission in rural

areas eligible for Distance Learning and Telemedicine Program

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

118 STAT. 26 PUBLIC LAW 108–199—JAN. 23, 2004

TITLE IV

DOMESTIC FOOD PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary salaries and expenses of the Office of the Under

Secretary for Food, Nutrition and Consumer Services to administer

the laws enacted by the Congress for the Food and Nutrition

Service, $599,000.

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the National School Lunch

Act (42 U.S.C. 1751 et seq.), except section 21, and the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections

17 and 21; $11,417,441,000, to remain available through September

30, 2005, of which $6,717,780,000 is hereby appropriated and

$4,699,661,000 shall be derived by transfer from funds available

under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c):

Provided, That $5,000,000 shall be available for the Food and

Nutrition Service to conduct a study of over and under certification

errors and the effect on expenditures in the National School Lunch

and School Breakfast Programs and an assessment of the feasibility

of using income data matching in those programs: Provided further,

That except as specifically provided under this heading, none of

the funds made available under this heading shall be used for

studies and evaluations: Provided further, That up to $5,235,000

shall be available for independent verification of school food service

claims.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental

nutrition program as authorized by section 17 of the Child Nutrition

Act of 1966 (42 U.S.C. 1786), $4,639,232,000, to remain available

through September 30, 2005: Provided, That of the total amount

available, the Secretary shall obligate not less than $15,000,000

for a breastfeeding support initiative in addition to the activities

specified in section 17(h)(3)(A) and up to $25,000,000 for a management information system initiative upon a determination by the

Secretary that funds are available to meet caseload requirements:

Provided further, That up to $4,000,000 shall be available for pilot

projects to prevent childhood obesity upon a determination by the

Secretary that funds are available to meet caseload requirements:

Provided further, That of the total amount available, the Secretary shall obligate $23,000,000 for the farmers’ market nutrition program: Provided further, That notwithstanding section 17(h)(10)(A) of such Act, $14,000,000 shall be available for the purposes specified

in section 17(h)(10)(B): Provided further, That none of the funds

made available under this heading shall be used for studies and

evaluations: Provided further, That none of the funds in this Act

shall be available to pay administrative expenses of WIC clinics

Study.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

FOOD STAMP PROGRAM

For necessary expenses to carry out the Food Stamp Act (7

U.S.C. 2011 et seq.), $30,945,981,000, of which $3,000,000,000 shall

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

times as may become necessary to carry out program operations:

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

shall be used for studies and evaluations: Provided further, That

of the funds made available under this heading and not already

appropriated to the Food Distribution Program on Indian Reservations (FDPIR) established under section 4(b) of the Food Stamp

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

be used to purchase bison meat for the FDPIR from Native American bison producers as well as from producer-owned cooperatives

of bison ranchers: Provided further, That funds provided herein

shall be expended in accordance with section 16 of the Food Stamp

Act: Provided further, That this appropriation shall be subject to

any work registration or workfare requirements as may be required

by law: Provided further, That funds made available for Employment and Training under this heading shall remain available until

expended, as authorized by section 16(h)(1) of the Food Stamp

Act.

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and

the commodity supplemental food program as authorized by section

4(a) of the Agriculture and Consumer Protection Act of 1973 (7

U.S.C. 612c note); the Emergency Food Assistance Act of 1983;

and special assistance (in a form determined by the Secretary

of Agriculture) for the nuclear affected islands, as authorized by

section 103(h)(2) of the Compact of Free Association Act of 1985

(48 U.S.C. 1903(h)(2)) (or a successor law), $150,000,000, to remain

available through September 30, 2005: Provided, That none of these

funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program.

NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the domestic nutrition

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

$5,000,000 shall be available only for simplifying procedures,

reducing overhead costs, tightening regulations, improving food

stamp benefit delivery, and assisting in the prevention, identification, and prosecution of fraud and other violations of law; and

of which not less than $4,000,000 shall be available to improve

integrity in the Food Stamp and Child Nutrition programs.

Bison meat.

118 STAT. 28 PUBLIC LAW 108–199—JAN. 23, 2004

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service,

including carrying out title VI of the Agricultural Act of 1954

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

for enabling the Secretary to coordinate and integrate activities

of the Department in connection with foreign agricultural work,

including not to exceed $158,000 for representation allowances and

for expenses pursuant to section 8 of the Act approved August

3, 1956 (7 U.S.C. 1766), $132,148,000: Provided, That the Service

may utilize advances of funds, or reimburse this appropriation

for expenditures made on behalf of Federal agencies, public and

private organizations and institutions under agreements executed

pursuant to the agricultural food production assistance programs

(7 U.S.C. 1737) and the foreign assistance programs of the United

States Agency for International Development.

PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

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

Budget Act of 1974, of agreements under the Agricultural Trade

Development and Assistance Act of 1954, and the Food for Progress

Act of 1985, including the cost of modifying credit arrangements

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

In addition, for administrative expenses to carry out the credit

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

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

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

to and merged with the appropriation for ‘‘Foreign Agricultural

Service, Salaries and Expenses’’, and of which $1,059,000 may

be transferred to and merged with the appropriation for ‘‘Farm

Service Agency, Salaries and Expenses’’.

PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

(INCLUDING TRANSFER OF FUNDS)

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

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

title I of the Agricultural Trade Development and Assistance Act

of 1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the

Committees on Appropriations of both Houses of Congress.

Notification.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 29

PUBLIC LAW 480 TITLE II GRANTS

For expenses during the current fiscal year, not otherwise

recoverable, and unrecovered prior years’ costs, including interest

thereon, under the Agricultural Trade Development and Assistance

Act of 1954, for commodities supplied in connection with dispositions

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

until expended.

MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section

3107 of the Farm Security and Rural Investment Act of 2002

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

Provided, That the Commodity Credit Corporation is authorized

to provide the services, facilities, and authorities for the purpose

of implementing such section, subject to reimbursement from

amounts provided herein.

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit

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

$4,152,000; to cover common overhead expenses as permitted by

section 11 of the Commodity Credit Corporation Charter Act and

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

$3,306,000 may be transferred to and merged with the appropriation

for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and of

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

TITLE VI

RELATED AGENCIES AND FOOD AND DRUG

ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration,

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

92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose

space in the District of Columbia or elsewhere; for miscellaneous

and emergency expenses of enforcement activities, authorized and

approved by the Secretary and to be accounted for solely on the

Secretary’s certificate, not to exceed $25,000; and notwithstanding

section 521 of Public Law 107–188; $1,673,441,000: Provided, That

of the amount provided under this heading, $249,825,000 shall

be derived from prescription drug user fees authorized by 21 U.S.C.

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

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

118 STAT. 30 PUBLIC LAW 108–199—JAN. 23, 2004

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

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

shall be derived from animal drug user fees (subject to enactment

of legislation authorizing such fees), and shall be credited to this

account and remain available until expended: Provided further, That fees derived from prescription drug, medical device, and

animal drug assessments received during fiscal year 2004, including

any such fees assessed prior to the current fiscal year but credited

during the current year, shall be subject to the fiscal year 2004

limitation: Provided further, That none of these funds shall be

used to develop, establish, or operate any program of user fees

authorized by 31 U.S.C. 9701: Provided further, That of the total

amount appropriated: (1) $413,112,000 shall be for the Center for

Food Safety and Applied Nutrition and related field activities in

the Office of Regulatory Affairs; (2) $477,966,000 shall be for the

Center for Drug Evaluation and Research and related field activities

in the Office of Regulatory Affairs; (3) $169,429,000 shall be for

the Center for Biologics Evaluation and Research and for related

field activities in the Office of Regulatory Affairs; (4) $89,396,000

shall be for the Center for Veterinary Medicine and for related

field activities in the Office of Regulatory Affairs; (5) $209,420,000

shall be for the Center for Devices and Radiological Health and

for related field activities in the Office of Regulatory Affairs; (6)

$39,887,000 shall be for the National Center for Toxicological

Research; (7) $39,276,000 shall be for Rent and Related activities,

other than the amounts paid to the General Services Administration

for rent; (8) $119,594,000 shall be for payments to the General

Services Administration for rent; and (9) $115,361,000 shall be

for other activities, including the Office of the Commissioner; the

Office of Management and Systems; the Office of External Relations;

the Office of Policy and Planning; and central services for these

offices: Provided further, That funds may be transferred from one

specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress.

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

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

expended.

In addition, export certification user fees authorized by 21

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

until expended.

BUILDINGS AND FACILITIES

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

by the Food and Drug Administration, where not otherwise provided, $7,000,000 to remain available until expended.

INDEPENDENT AGENCIES

COMMODITY FUTURES TRADING COMMISSION

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

and hire of passenger motor vehicles, and the rental of space (to

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

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 31

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

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

farm credit institutions and from the Federal Agricultural Mortgage

Corporation) shall be obligated during the current fiscal year for

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

with receiverships.

TITLE VII—GENERAL PROVISIONS

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

for the current fiscal year under this Act shall be available for

the purchase, in addition to those specifically provided for, of not

to exceed 398 passenger motor vehicles, of which 396 shall be

for replacement only, and for the hire of such vehicles.

SEC. 702. Funds in this Act available to the Department of

Agriculture shall be available for uniforms or allowances therefor

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

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

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

of the Department of Agriculture Organic Act of 1944 (7 U.S.C.

2225) and 5 U.S.C. 3109.

SEC. 704. The Secretary of Agriculture may transfer unobligated

balances of discretionary funds appropriated by this Act or other

available unobligated discretionary balances of the Department of

Agriculture to the Working Capital Fund for the acquisition of

plant and capital equipment necessary for the delivery of financial,

administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture: Provided,

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

Act shall be transferred to the Working Capital Fund without

the prior approval of the agency administrator: Provided further,

That none of the funds transferred to the Working Capital Fund

pursuant to this section shall be available for obligation without

the prior approval of the Committees on Appropriations of both

Houses of Congress.

SEC. 705. New obligational authority provided for the following

appropriation items in this Act shall remain available until

expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, information technology

infrastructure, fruit fly program, emerging plant pests, boll weevil

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

Safety and Inspection Service, field automation and information

management project; Cooperative State Research, Education, and

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

450i(b)), funds for the Research, Education, and Economics Information System (REEIS), and funds for the Native American Institutions Endowment Fund; Farm Service Agency, salaries and

expenses funds made available to county committees; Foreign Agricultural Service, middle-income country training program and up

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

solely for the purpose of offsetting fluctuations in international

currency exchange rates, subject to documentation by the Foreign

Agricultural Service.

7 USC 2209b.

118 STAT. 32 PUBLIC LAW 108–199—JAN. 23, 2004

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

PUBLIC LAW 108–199—JAN. 23, 2004 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) 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

Notifications.

Deadlines.

118 STAT. 34 PUBLIC LAW 108–199—JAN. 23, 2004

expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or

activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent

as approved by Congress; or (3) results from any general savings

from a reduction in personnel which would result in a change

in existing programs, activities, or projects as approved by Congress;

unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of

funds.

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

Human Services, or the Chairman of the Commodity Futures

Trading Commission shall notify the Committees on Appropriations

of both Houses of Congress before implementing a program or

activity not carried out during the previous fiscal year unless the

program or activity is funded by this Act or specifically funded

by any other Act.

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

and conduct oversight of grants awarded and obligations incurred

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

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

the salaries and expenses of personnel to carry out the provisions

of section 401 of Public Law 105–185, the Initiative for Future

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

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

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

who prepare or submit appropriations language as part of the

President’s Budget submission to the Congress of the United States

for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies that assumes revenues or

reflects a reduction from the previous year due to user fees proposals

that have not been enacted into law prior to the submission of

the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees

proposals are not enacted prior to the date of the convening of

a committee of conference for the fiscal year 2005 appropriations

Act.

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

other Act may be used to close or relocate a State Rural Development office unless or until cost effectiveness and enhancement

of program delivery have been determined.

SEC. 723. In addition to amounts otherwise appropriated or

made available by this Act, $3,000,000 is appropriated for the

purpose of providing Bill Emerson and Mickey Leland Hunger

Fellowships, as authorized by Public Law 108–58.

SEC. 724. Notwithstanding section 412 of the Agricultural Trade

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

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

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

may be used to carry out title II of such Act.

SEC. 725. Of any shipments of commodities made pursuant

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

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

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

HIV/AIDS.

PUBLIC LAW 108–199—JAN. 23, 2004 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. Notwithstanding any other provision of law, the

Secretary shall consider the County of Lawrence, Ohio; the City

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

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

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

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

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

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

Rico; and the City of Kinston, North Carolina, as meeting the

eligibility requirements for loans and grants programs in the Rural

Development mission area.

SEC. 729. Notwithstanding any other provision of law, the

Natural Resources Conservation Service shall provide financial and

technical assistance to the DuPage County, Illinois, Kress Creek

Watershed Plan, from funds available for the Watershed and Flood

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

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

$1,000,000.

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

be transferred to any department, agency, or instrumentality of

the United States Government, except pursuant to a transfer made

by, or transfer authority provided in, this or any other appropriation

Act.

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

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

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

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

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

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

may utilize any unobligated salaries and expenses funds to

reimburse the Office of the General Counsel for salaries and

Missouri.

Illinois.

Kentucky.

State listing.

118 STAT. 36 PUBLIC LAW 108–199—JAN. 23, 2004

expenses of personnel, and for other related expenses, incurred

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

and other matters pending before the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, or the

Merit Systems Protection Board with the prior approval of the

Committees on Appropriations of both Houses of Congress.

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

funds made available in this Act for competitive research grants

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

the amount provided to carry out a competitive grants program

under the same terms and conditions as those provided in section

401 of the Agricultural Research, Extension, and Education Reform

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

grants for critical emerging issues described in section 401(c)(1)

of that Act for which the Secretary has not issued requests for

proposals for grants in fiscal year 2002 or 2003.

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

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

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

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

SEC. 735. Notwithstanding any other provision of law, the

Natural Resources Conservation Service shall provide financial and

technical assistance through the Watershed and Flood Prevention

Operations program to carry out the Upper Tygart Valley Watershed project, West Virginia: Provided, That the Natural Resources

Conservation Service is authorized to provide 100 percent of the

engineering assistance and 75 percent cost share for installation

of the water supply component of this project.

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

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

expenses of personnel to carry out subtitle I of the Consolidated

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

7).

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

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

expenses of personnel to carry out section 6405 of Public Law

107–171 (7 U.S.C. 2655).

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

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

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

7404(c)(1) of Public Law 107–171.

SEC. 739. The Agricultural Marketing Service and the Grain

Inspection, Packers and Stockyards Administration, that have

statutory authority to purchase interest bearing investments outside

of the Treasury, are not required to establish obligations and outlays

for those investments, provided those investments are insured by

the Federal Deposit Insurance Corporation or are collateralized

at the Federal Reserve with securities approved by the Federal

Reserve, operating under the guidelines of the United States

Department of the Treasury.

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

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

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

of commodities.

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

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

West Virginia.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

118 STAT. 38 PUBLIC LAW 108–199—JAN. 23, 2004

(b) The Secretary shall publish a proposed rule to carry out

section 313A of the Rural Electrification Act of 1936 within 60

days of enactment of this Act.

SEC. 751. Any unobligated balances in the Alternative Agricultural Research and Commercialization Revolving Fund are hereby

rescinded.

SEC. 752. Not more than $41,443,000 for fiscal year 2004 of

the funds appropriated or otherwise made available by this or

any other Act shall be used to carry out the conservation security

program established under subchapter A of chapter 2 of subtitle

D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838

et seq.).

SEC. 753. None of the funds appropriated or otherwise made

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

and expenses of personnel to carry out a ground and surface water

conservation program authorized by section 2301 of Public Law

107–171, the Farm Security and Rural Investment Act of 2002,

in excess of $51,000,000.

SEC. 754. None of the funds appropriated or otherwise made

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

and expenses of personnel to carry out section 2502 of Public

Law 107–171, the Farm Security and Rural Investment Act of

2002, in excess of $42,000,000.

SEC. 755. None of the funds appropriated or otherwise made

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

and expenses of personnel to carry out section 2503 of Public

Law 107–171, the Farm Security and Rural Investment Act of

2002, in excess of $112,044,000.

SEC. 756. (a) ASSISTANCE FOR COMMERCIAL TREE LOSSES.—

The Secretary of Agriculture shall use $5,000,000 of the funds

of the Commodity Credit Corporation to provide assistance under

the Tree Assistance Program, subtitle C of title X of the Farm

Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.),

to tree-fruit growers located in a federally declared disaster area

in the State of New York who suffered tree losses in 2003 as

a result of an April 4–6, 2003, icestorm.

(b) The Secretary of Agriculture shall use $10,000,000 of the

funds of the Commodity Credit Corporation, to remain available

until expended, to compensate commercial citrus and lime growers

in the State of Florida for tree replacement and for lost production

with respect to trees removed to control citrus canker, and with

respect to certified citrus nursery stocks within the citrus canker

quarantine areas, as determined by the Secretary. For a grower

to receive assistance for a tree under this section, the tree must

have been removed after September 30, 2001.

SEC. 757. There is hereby appropriated $1,500,000 to carry

out section 6028 of Public Law 107–171, the Farm Security and

Rural Investment Act of 2002: Provided, That notwithstanding section 383B(g)(1) of the Consolidated Farm and Rural Development

Act (7 U.S.C. 2009bb–1(g)(1)), the Federal share of the administrative expenses of the Northern Great Plains Regional Authority

for fiscal year 2004 shall be 100 percent.

SEC. 758. Section 204(a)(3) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) is amended

Florida.

New York.

Publication.

Regulations.

Deadline.

7 USC 740c–1

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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. Notwithstanding any other provision of law, for any

fiscal year, in the case of a high cost isolated rural area in Alaska

that is not connected to a road system, the maximum level for

the single family housing assistance shall be 150 percent of the

average income level in the metropolitan areas of the State and

115 percent of all other eligible areas of the State.

SEC. 764. There is hereby appropriated $1,000,000, to remain

available until expended, for the Denali Commission to address

deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies.

SEC. 765. Notwithstanding any other provision of law, the

Secretary shall consider the City of Vicksburg, Mississippi; the

City of Aberdeen, South Dakota; and the City of Starkville, Mississippi as meeting the requirements of a rural area contained

in section 520 of the Housing Act of 1949 (42 U.S.C. 1490) until

receipt of the decennial Census for the year 2010.

SEC. 766. Notwithstanding any other provision of law, the

Secretary shall consider the City of Berlin, New Hampshire; the

City of Guymon, Oklahoma; the City of Shawnee, Oklahoma; and

the City of Altus, Oklahoma, to be eligible for loans and grants

provided through the Rural Community Advancement Program

until receipt of the decennial Census in the year 2010.

SEC. 767. None of the funds made available in this Act may

be used to study, complete a study of, or enter into a contract

with a private party to carry out, without specific authorization

in a subsequent Act of Congress, a competitive sourcing activity

of the Secretary of Agriculture, including support personnel of the

Department of Agriculture, relating to rural development or farm

loan programs.

New Hampshire.

Oklahoma.

Mississippi.

South Dakota.

Alaska.

42 USC 1472

note.

118 STAT. 40 PUBLIC LAW 108–199—JAN. 23, 2004

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. 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 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

7 USC 2012 note.

7 USC 5603 note.

PUBLIC LAW 108–199—JAN. 23, 2004 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. SUN GRANT RESEARCH INITIATIVE. (a) SHORT TITLE.—

This section may be cited as the ‘‘Sun Grant Research Initiative

Act of 2003’’.

(b) RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON

BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.—Title IX of the

Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101

et seq.) is amended by adding at the end the following:

‘‘SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS

ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.

‘‘(a) PURPOSES.—The purposes of the programs established

under this section are—

‘‘(1) to enhance national energy security through the

development, distribution, and implementation of biobased

energy technologies;

‘‘(2) to promote diversification in, and the environmental

sustainability of, agricultural production in the United States

through biobased energy and product technologies;

‘‘(3) to promote economic diversification in rural areas of

the United States through biobased energy and product technologies; and

‘‘(4) to enhance the efficiency of bioenergy and biomass

research and development programs through improved

coordination and collaboration between the Department of Agriculture, the Department of Energy, and the land-grant colleges

and universities.

‘‘(b) DEFINITIONS.—In this section:

‘‘(1) LAND-GRANT COLLEGES AND UNIVERSITIES.—The term

‘land-grant colleges and universities’ means—

7 USC 8109.

Sun Grant

Research

Initiative Act of

2003.

7 USC 8101 note.

118 STAT. 42 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(A) 1862 Institutions (as defined in section 2 of the

Agricultural Research, Extension, and Education Reform

Act of 1998 (7 U.S.C. 7601));

‘‘(B) 1890 Institutions (as defined in section 2 of that

Act) and West Virginia State College; and

‘‘(C) 1994 Institutions (as defined in section 2 of that

Act).

‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary

of Agriculture.

‘‘(c) ESTABLISHMENT.—To carry out the purposes described in

subsection (a), the Secretary shall establish programs under

which—

‘‘(1) the Secretary shall provide grants to sun grant centers

specified in subsection (d); and

‘‘(2) the sun grant centers shall use the grants in accordance

with this section.

‘‘(d) GRANTS TO CENTERS.—The Secretary shall use amounts

made available for a fiscal year under subsection (j) to provide

a grants in equal amounts to each of the following sun grant

centers:

‘‘(1) NORTH-CENTRAL CENTER.—A north-central sun grant

center at South Dakota State University for the region composed of the States of Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and

Wyoming.

‘‘(2) SOUTHEASTERN CENTER.—A southeastern sun grant

center at the University of Tennessee at Knoxville for the

region composed of—

‘‘(A) the States of Alabama, Florida, Georgia, Kentucky,

Mississippi, North Carolina, South Carolina, Tennessee,

and Virginia;

‘‘(B) the Commonwealth of Puerto Rico; and

‘‘(C) the United States Virgin Islands.

‘‘(3) SOUTH-CENTRAL CENTER.—A south-central sun grant

center at Oklahoma State University for the region composed

of the States of Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas.

‘‘(4) WESTERN CENTER.—A western sun grant center at

Oregon State University for the region composed of—

‘‘(A) the States of Alaska, Arizona, California, Hawaii,

Idaho, Nevada, Oregon, Utah, and Washington; and

‘‘(B) territories and possessions of the United States

(other than the territories referred to in subparagraphs

(B) and (C) of paragraph (2)).

‘‘(5) NORTHEASTERN CENTER.—A northeastern sun grant

center at Cornell University for the region composed of the

States of Connecticut, Delaware, Massachusetts, Maryland,

Maine, Michigan, New Hampshire, New Jersey, New York,

Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia.

‘‘(e) USE OF FUNDS.—

‘‘(1) CENTERS OF EXCELLENCE.—Of the amount of funds

that are made available for a fiscal year to a sun grant center

under subsection (d), the center shall use not more than 25

percent of the amount for administration to support excellence

in science, engineering, and economics at the center to promote

the purposes described in subsection (a) through the State

Cornell

University.

Oregon State

University.

Oklahoma State

University.

University of

Tennessee.

South Dakota

State University.

Grants.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 44 PUBLIC LAW 108–199—JAN. 23, 2004

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

PUBLIC LAW 108–199—JAN. 23, 2004 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 Public Law 108–7 is

amended by striking ‘‘7 U.S.C. 3291’’ and inserting ‘‘7 U.S.C. 3292b’’.

SEC. 789. Notwithstanding any other provision of law, the

City of Great Falls, Montana, shall be considered a rural area

for purposes of eligibility for business and industry guaranteed

loans under section 310B(a)(1) of the Consolidated Farm and Rural

Development Act (7 U.S.C. 1932(a)(1)).

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

Montana.

117 Stat. 19.

118 STAT. 46 PUBLIC LAW 108–199—JAN. 23, 2004

DIVISION B—DEPARTMENTS OF COMMERCE, JUSTICE,

AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2004

An Act

Making appropriations for the Departments of Commerce, Justice, and State, the

Judiciary, and related agencies for the fiscal year ending September 30, 2004,

and for other purposes.

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

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2004, and for other purposes, namely:

TITLE I—DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $106,687,000, of which not to exceed $3,317,000

is for the Facilities Program 2000, to remain available until

expended: Provided, That not to exceed 43 permanent positions

and 44 full-time equivalent workyears and $10,172,000 shall be

expended for the Department Leadership Program exclusive of augmentation that occurred in these offices in fiscal year 2003: Provided

further, That not to exceed 26 permanent positions, 21 full-time

equivalent workyears and $3,114,000 shall be expended for the

Office of Legislative Affairs: Provided further, That not to exceed

15 permanent positions, 20 full-time equivalent workyears and

$1,875,000 shall be expended for the Office of Public Affairs: Provided further, That the latter two aforementioned offices may utilize

non-reimbursable details of career employees within the caps

described in the preceding two provisos.

JOINT AUTOMATED BOOKING SYSTEM

For expenses necessary for the nationwide deployment of a

Joint Automated Booking System including automated capability

to transmit fingerprint and image data, $19,176,000, to remain

available until September 30, 2005.

INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM

For necessary expenses for the planning, development, and

deployment of an integrated fingerprint identification system,

including automated capability to transmit fingerprint and image

data, $5,100,000, to remain available until September 30, 2005.

LEGAL ACTIVITIES OFFICE AUTOMATION

For necessary expenses related to the design, development,

engineering, acquisition, and implementation of office automation

systems for the organizations funded under the headings ‘‘Salaries

Department of

Justice

Appropriations

Act, 2004.

Departments of

Commerce,

Justice, and

State, the

Judiciary, and

Related Agencies

Appropriations

Act, 2004.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

NARROWBAND COMMUNICATIONS

For the costs of conversion to narrowband communications,

including the cost for operation and maintenance of Land Mobile

Radio legacy systems, $103,171,000, to remain available until September 30, 2005: Provided, That the Attorney General shall transfer

to the ‘‘Narrowband Communications’’ account all funds made available to the Department of Justice for the purchase of portable

and mobile radios: Provided further, That any transfer made under

the preceding proviso shall be subject to section 605 of this Act.

COUNTERTERRORISM FUND

For necessary expenses, as determined by the Attorney General,

$1,000,000, to remain available until expended, to reimburse any

Department of Justice organization for: (1) the costs incurred in

reestablishing the operational capability of an office or facility which

has been damaged or destroyed as a result of any domestic or

international terrorist incident; and (2) the costs of providing support to counter, investigate or prosecute domestic or international

terrorism, including payment of rewards in connection with these

activities: Provided, That any Federal agency may be reimbursed

for the costs of detaining in foreign countries individuals accused

of acts of terrorism that violate the laws of the United States:

Provided further, That funds provided under this paragraph shall

be available only after the Attorney General notifies the Committees

on Appropriations of the House of Representatives and the Senate

in accordance with section 605 of this Act.

ADMINISTRATIVE REVIEW AND APPEALS

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

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee who

shall exercise all power and functions authorized by law relating

to the detention of Federal prisoners in non-Federal institutions

or otherwise in the custody of the United States Marshals Service,

$814,097,000, to remain available until expended: Provided, That

the Trustee shall be responsible for managing the Justice Prisoner

and Alien Transportation System and for overseeing housing related

to such detention; the management of funds appropriated to the

Department of Justice for the exercise of any detention functions;

and the direction of the United States Marshals Service with respect

to the exercise of detention policy setting and operations for the

Department: Provided further, That any unobligated balances available in prior years from the funds appropriated under the heading

‘‘Federal Prisoner Detention’’ shall be transferred to and merged

Notification.

118 STAT. 48 PUBLIC LAW 108–199—JAN. 23, 2004

with the appropriation under the heading ‘‘Detention Trustee’’ and

shall be available until expended: Provided further, That the

Trustee, working in consultation with the Bureau of Prisons, shall

submit a plan for collecting information related to evaluating the

health and safety of Federal prisoners in non-Federal institutions

no later than 180 days following the enactment of this Act.

OFFICE OF INSPECTOR GENERAL

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

emergencies of a confidential character.

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

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

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed

$20,000 for expenses of collecting evidence, to be expended under

the direction of, and to be accounted for solely under the certificate

of, the Attorney General; and rent of private or Government-owned

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

exceed $10,000,000 for litigation support contracts shall remain

available until expended, and of which not less than $1,996,000

shall be available for necessary administrative expenses in accordance with the Radiation Exposure Compensation Act: Provided,

That of the total amount appropriated, not to exceed $1,000 shall

be available to the United States National Central Bureau,

INTERPOL, for official reception and representation expenses: Provided further, That notwithstanding any other provision of law,

upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of

the Civil Division, the Attorney General may transfer such amounts

to ‘‘Salaries and Expenses, General Legal Activities’’ from available

appropriations for the current fiscal year for the Department of

Justice, as may be necessary to respond to such circumstances:

Provided further, That any transfer pursuant to the previous proviso

shall be treated as a reprogramming under section 605 of this

Act and shall not be available for obligation or expenditure except

in compliance with the procedures set forth in that section.

In addition, for reimbursement of expenses of the Department

of Justice associated with processing cases under the National

Childhood Vaccine Injury Act of 1986, not to exceed $4,028,000,

to be appropriated from the Vaccine Injury Compensation Trust

Fund.

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $133,133,000, to remain available until expended:

Provided, That, notwithstanding any other provision of law, not

Plan.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 49

to exceed $112,000,000 of offsetting collections derived from fees

collected for premerger notification filings under the Hart-ScottRodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall be retained and used for necessary

expenses in this appropriation, and shall remain available until

expended: Provided further, That the sum herein appropriated from

the general fund shall be reduced as such offsetting collections

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

fiscal year 2004 appropriation from the general fund estimated

at not more than $21,133,000.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States

Attorneys, including inter-governmental and cooperative agreements, $1,526,253,000; of which not to exceed $2,500,000 shall

be available until September 30, 2005, for: (1) training personnel

in debt collection; (2) locating debtors and their property; (3) paying

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

the United States Government: Provided, That of the total amount

appropriated, not to exceed $8,000 shall be available for official

reception and representation expenses: Provided further, That not

to exceed $10,000,000 of those funds available for automated litigation support contracts shall remain available until expended: Provided further, That not to exceed $2,500,000 for the operation

of the National Advocacy Center shall remain available until

expended: Provided further, That, in addition to reimbursable fulltime equivalent workyears available to the Offices of the United

States Attorneys, not to exceed 10,113 positions and 10,298 fulltime equivalent workyears shall be supported from the funds appropriated in this Act for the United States Attorneys: Provided further,

That of the funds made available under this heading, $1,500,000

shall only be available to continue ‘‘Operation Streetsweeper’’: Provided further, That of the total amount appropriated, $6,898,000

shall be for Project Seahawk and shall remain available until

expended.

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program,

as authorized, $166,157,000, to remain available until expended

and to be derived from the United States Trustee System Fund:

Provided, That, notwithstanding any other provision of law, deposits

to the Fund shall be available in such amounts as may be necessary

to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $166,157,000 of offsetting

collections pursuant to 28 U.S.C. 589a(b) shall be retained and

used for necessary expenses in this appropriation and remain available until expended: Provided further, That the sum herein appropriated from the Fund shall be reduced as such offsetting collections

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

fiscal year 2004 appropriation from the Fund estimated at $0.

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign

Claims Settlement Commission, including services as authorized

by 5 U.S.C. 3109, $1,206,000.

118 STAT. 50 PUBLIC LAW 108–199—JAN. 23, 2004

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

For necessary expenses of the United States Marshals Service, $719,777,000; of which not less than $11,476,000 shall only be

available for fugitive apprehension task forces; of which $17,403,000

shall be available for 106 supervisory deputy marshal positions

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

available for official reception and representation expenses; of which

$4,000,000 shall remain available until expended; of which not

less than $13,394,000 shall be available for the costs of courthouse

security equipment, including furnishings, relocations, and telephone systems and cabling, and shall remain available until September 30, 2005: Provided, That, in addition to reimbursable fulltime equivalent workyears available to the United States Marshals

Service, not to exceed 4,400 positions and 4,259 full-time equivalent

workyears shall be supported from the funds appropriated in this

Act for the United States Marshals Service.

CONSTRUCTION

For planning, constructing, renovating, equipping, and

maintaining United States Marshals Service prisoner-holding space

in United States courthouses and Federal buildings, including the

renovation and expansion of prisoner movement areas, elevators,

and sallyports, $14,066,000, to remain available until September

30, 2006.

FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts

for the procurement and supervision of expert witnesses, for private

counsel expenses, including advances, $156,145,000, to remain

available until expended; of which not to exceed $8,000,000 may

be made available for planning, construction, renovations, maintenance, remodeling, and repair of buildings, and the purchase of

equipment incident thereto, for protected witness safesites; of which

not to exceed $1,000,000 may be made available for the purchase

and maintenance of armored vehicles for transportation of protected

witnesses; and of which not to exceed $5,000,000 may be made

available for the purchase, installation, and maintenance of secure

telecommunications equipment and a secure automated information

network to store and retrieve the identities and locations of protected witnesses.

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service,

$9,526,000 and, in addition, up to $1,000,000 of funds made available to the Department of Justice in this Act may be transferred

by the Attorney General to this account: Provided, That notwithstanding any other provision of law, upon a determination by the

Attorney General that emergent circumstances require additional

funding for conflict resolution and violence prevention activities

of the Community Relations Service, the Attorney General may

transfer such amounts to the Community Relations Service, from

available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the

previous proviso shall be treated as a reprogramming under section

PUBLIC LAW 108–199—JAN. 23, 2004 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.

ASSETS FORFEITURE FUND

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

(G), $21,759,000, to be derived from the Department of Justice

Assets Forfeiture Fund.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation

for detection, investigation, and prosecution of crimes against the

United States; including purchase for police-type use of not to

exceed 2,454 passenger motor vehicles, of which 1,843 will be for

replacement only; and not to exceed $70,000 to meet unforeseen

emergencies of a confidential character pursuant to 28 U.S.C. 530C,

$4,566,798,000; of which not to exceed $65,000,000 for automated

data processing and telecommunications and technical investigative

equipment, and not to exceed $1,000,000 for undercover operations,

shall remain available until September 30, 2005; of which

$490,104,000 shall be for counterterrorism investigations, foreign

counterintelligence, and other activities related to our national security; of which not less than $153,812,000 shall only be for Joint

Terrorism Task Forces; and of which not to exceed $10,000,000

is authorized to be made available for making advances for expenses

arising out of contractual or reimbursable agreements with State

and local law enforcement agencies while engaged in cooperative

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

drug investigations: Provided, That not to exceed $200,000 shall

be available for official reception and representation expenses: Provided further, That, in addition to reimbursable full-time equivalent

workyears available to the Federal Bureau of Investigation, not

to exceed 28,900 positions and 27,096 full-time equivalent

workyears shall be supported from the funds appropriated in this

Act for the Federal Bureau of Investigation.

FOREIGN TERRORIST TRACKING TASK FORCE/TERRORIST THREAT

INTEGRATION CENTER

For expenses necessary for the Foreign Terrorist Tracking Task

Force, including salaries and expenses, operations, equipment, and

facilities, $61,597,000: Provided, That funds appropriated in previous fiscal years under the heading ‘‘Federal Bureau of Investigation, Salaries and Expenses’’ may be available for activities associated with the Terrorist Threat Integration Center.

CONSTRUCTION

For necessary expenses to construct or acquire buildings and

sites by purchase, or as otherwise authorized by law (including

equipment for such buildings); conversion and extension of federallyowned buildings; and preliminary planning and design of projects;

$11,174,000, to remain available until September 30, 2006.

118 STAT. 52 PUBLIC LAW 108–199—JAN. 23, 2004

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to 28 U.S.C. 530C;

expenses for conducting drug education and training programs,

including travel and related expenses for participants in such programs and the distribution of items of token value that promote

the goals of such programs; and purchase of not to exceed 982

passenger motor vehicles, of which 886 will be for replacement

only, for police-type use, $1,601,327,000; of which not to exceed

$33,000,000 for permanent change of station shall remain available

until September 30, 2005; of which not to exceed $1,800,000 for

research shall remain available until expended; of which not to

exceed $4,000,000 for purchase of evidence and payments for

information, not to exceed $10,000,000 for contracting for automated

data processing and telecommunications equipment, and not to

exceed $2,000,000 for laboratory equipment, $4,000,000 for technical

equipment, and $2,000,000 for aircraft replacement retrofit and

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

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

and representation expenses: Provided, That, in addition to

reimbursable full-time equivalent workyears available to the Drug

Enforcement Administration, not to exceed 8,358 positions and

8,018 full-time equivalent workyears shall be supported from the

funds appropriated in this Act for the Drug Enforcement Administration.

INTERAGENCY DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and

prosecution of individuals associated with the most significant drug

trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with

State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime

drug trafficking, $556,465,000, of which $50,000,000 shall remain

available until September 30, 2005: Provided, That any amounts

obligated from appropriations under this heading may be used

under authorities available to the organizations reimbursed from

this appropriation: Provided further, That any unobligated balances

remaining available at the end of the fiscal year shall revert to

the Drug Enforcement Administrator for reallocation among participating organizations in succeeding fiscal years, subject to the reprogramming procedures set forth in section 605 of this Act.

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, including the purchase of not to exceed 822

vehicles for police-type use, of which 650 shall be for replacement

only; not to exceed $18,000 for official reception and representation

expenses; for training of State and local law enforcement agencies

with or without reimbursement, including training in connection

PUBLIC LAW 108–199—JAN. 23, 2004 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

SALARIES AND EXPENSES

For expenses necessary for the administration, operation, and

maintenance of Federal penal and correctional institutions,

including purchase (not to exceed 838, of which 535 are for replacement only) and hire of law enforcement and passenger motor

vehicles, and for the provision of technical assistance and advice

on corrections related issues to foreign governments, $4,461,257,000:

Provided, That the Attorney General may transfer to the Health

Resources and Services Administration such amounts as may be

necessary for direct expenditures by that Administration for medical

relief for inmates of Federal penal and correctional institutions:

42 USC 250a.

118 STAT. 54 PUBLIC LAW 108–199—JAN. 23, 2004

Provided further, That the Director of the Federal Prison System,

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

fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish

health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $6,000

shall be available for official reception and representation expenses:

Provided further, That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2005: Provided

further, That, of the amounts provided for Contract Confinement,

not to exceed $20,000,000 shall remain available until expended

to make payments in advance for grants, contracts and reimbursable

agreements, and other expenses authorized by section 501(c) of

the Refugee Education Assistance Act of 1980, for the care and

security in the United States of Cuban and Haitian entrants: Provided further, That the Director of the Federal Prison System

may accept donated property and services relating to the operation

of the prison card program from a not-for-profit entity which has

operated such program in the past notwithstanding the fact that

such not-for-profit entity furnishes services under contracts to the

Federal Prison System relating to the operation of pre-release services, halfway houses or other custodial facilities.

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and

equipping of such facilities for penal and correctional use, including

all necessary expenses incident thereto, by contract or force account;

and constructing, remodeling, and equipping necessary buildings

and facilities at existing penal and correctional institutions,

including all necessary expenses incident thereto, by contract or

force account, $397,700,000, to remain available until expended,

of which not to exceed $14,000,000 shall be available to construct

areas for inmate work programs: Provided, That labor of United

States prisoners may be used for work performed under this appropriation: Provided further, That not to exceed 10 percent of the

funds appropriated to ‘‘Buildings and Facilities’’ in this or any

other Act may be transferred to ‘‘Salaries and Expenses’’, Federal

Prison System, upon notification by the Attorney General to the

Committees on Appropriations of the House of Representatives and

the Senate in compliance with provisions set forth in section 605

of this Act.

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and

borrowing authority available, and in accord with the law, and

to make such contracts and commitments, without regard to fiscal

year limitations as provided by section 9104 of title 31, United

States Code, as may be necessary in carrying out the program

set forth in the budget for the current fiscal year for such corporation, including purchase (not to exceed five for replacement only)

and hire of passenger motor vehicles.

Notification.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 55

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

Not to exceed $3,429,000 of the funds of the corporation shall

be available for its administrative expenses, and for services as

authorized by 5 U.S.C. 3109, to be computed on an accrual basis

to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive

of depreciation, payment of claims, and expenditures which such

accounting system requires to be capitalized or charged to cost

of commodities acquired or produced, including selling and shipping

expenses, and expenses in connection with acquisition, construction,

operation, maintenance, improvement, protection, or disposition of

facilities and other property belonging to the corporation or in

which it has an interest.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe

Streets Act of 1968, the Missing Children’s Assistance Act, including

salaries and expenses in connection therewith, the Prosecutorial

Remedies and Other Tools to end the Exploitation of Children

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

Act of 1984, $190,125,000, to remain available until expended.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement

Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus

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

Victims of Trafficking and Violence Protection Act of 2000 (Public

Law 106–386); and other programs; $1,297,684,000 (including

amounts for administrative costs, which shall be transferred to

and merged with the ‘‘Justice Assistance’’ account): Provided, That

all balances under this heading for programs to address violence

against women may be transferred to and merged with the appropriation for ‘‘Violence Against Women Prevention and Prosecution

Programs’’: Provided further, That funding provided under this

heading shall remain available until expended as follows:

(1) $225,000,000 for Local Law Enforcement Block Grants,

pursuant to H.R. 728 as passed by the House of Representatives

on February 14, 1995, except that for purposes of this Act

and retroactive to October 1, 2000, Guam shall be considered

as one ‘‘State’’ for all purposes under H.R. 728, notwithstanding

any provision of section 108(3) thereof, the Commonwealth

of Puerto Rico shall be considered a ‘‘unit of local government’’

as well as a ‘‘State’’, for the purposes set forth in paragraphs

(A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728, and

for establishing crime prevention programs involving cooperation between community residents and law enforcement personnel in order to control, detect, or investigate crime or the

prosecution of criminals: Provided, That funding shall be available for the purposes authorized by part E of title I of the

1968 Act: Provided further, That no funds provided under this

118 STAT. 56 PUBLIC LAW 108–199—JAN. 23, 2004

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

PUBLIC LAW 108–199—JAN. 23, 2004 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.

WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses

of the Executive Office for Weed and Seed, to implement ‘‘Weed

and Seed’’ program activities, $58,542,000, to remain available until

September 30, 2005, for inter-governmental agreements, including

grants, cooperative agreements, and contracts, with State and local

law enforcement agencies, non-profit organizations, and agencies

of local government engaged in the investigation and prosecution

of violent crimes and drug offenses in ‘‘Weed and Seed’’ designated

communities, and for either reimbursements or transfers to appropriation accounts of the Department of Justice and other Federal

agencies which shall be specified by the Attorney General to execute

the ‘‘Weed and Seed’’ program strategy: Provided, That funds designated by Congress through language for other Department of

Justice appropriation accounts for ‘‘Weed and Seed’’ program activities shall be managed and executed by the Attorney General

through the Executive Office for Weed and Seed: Provided further,

That the Attorney General may direct the use of other Department

of Justice funds and personnel in support of ‘‘Weed and Seed’’

program activities only after the Attorney General notifies the

Committees on Appropriations of the House of Representatives and

the Senate in accordance with section 605 of this Act.

COMMUNITY ORIENTED POLICING SERVICES

For activities authorized by the Violent Crime Control and

Law Enforcement Act of 1994 (Public Law 103–322) (including

administrative costs), $756,283,000, to remain available until

expended: Provided, That funds that become available as a result

of deobligations from prior year balances may not be obligated

except in accordance with section 605 of this Act: Provided further, That of the funds under this heading, not to exceed $1,972,000

shall be available for the Office of Justice Programs for reimbursable

services associated with programs administered by the Community

Oriented Policing Services Office: Provided further, That section

1703(b) and (c) of the Omnibus Crime Control and Safe Streets

Act of 1968 (‘‘the 1968 Act’’) shall not apply to non-hiring grants

made pursuant to part Q of title I thereof (42 U.S.C. 3796dd

et seq.). Of the amounts provided—

(1) $120,000,000 for the hiring of law enforcement officers,

including $60,000,000 for school resource officers;

(2) $25,000,000 for the matching grant program for Law

Enforcement Armor Vests pursuant to section 2501 of part

Y of the 1968 Act;

(3) $25,000,000 to improve tribal law enforcement including

equipment and training;

(4) $54,050,000 for policing initiatives to combat methamphetamine production and trafficking and to enhance

policing initiatives in ‘‘drug hot spots’’;

(5) $15,000,000 for Police Corps education and training:

Provided, That the out-year program costs of new recruits

shall be fully funded from funds currently available;

(6) $158,407,000 for a law enforcement technology program;

Notification.

118 STAT. 58 PUBLIC LAW 108–199—JAN. 23, 2004

(7) $30,000,000 for grants to upgrade criminal records,

as authorized under the Crime Identification Technology Act

of 1998 (42 U.S.C. 14601);

(8) $100,000,000 for a DNA analysis and backlog reduction

formula program, of which—

(A) $55,000,000 shall be for eliminating casework backlogs;

(B) $5,000,000 shall be for eliminating the offender

backlog; (C) $30,000,000 shall be for strengthening crime lab

capacity; (D) $5,000,000 shall be for training the criminal justice

community; and (E) $5,000,000 shall be for using DNA to identify

missing persons;

(9) $10,000,000 for Paul Coverdell Forensic Sciences

Improvement Grants under part BB of title I of the 1968

Act (42 U.S.C. 3797j et seq.);

(10) $30,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal

governments only for costs associated with the prosecution of

criminal cases declined by local United States Attorneys offices;

(11) $5,000,000 for an offender re-entry program, as authorized by Public Law 107–273;

(12) $10,000,000 for a police integrity program;

(13) $30,000,000 for Project Safe Neighborhoods to reduce

gun violence, and gang and drug-related crime;

(14) $24,226,000 for grants, contracts and other assistance

to States under section 102(b) of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601), of which $5,000,000

is for the National Institute of Justice for grants, contracts,

and other agreements to develop school safety technologies

and training;

(15) $85,000,000 for the COPS Interoperable Communications Technology Program;

(16) $4,600,000 for the Safe Schools Initiative; and

(17) not to exceed $30,000,000 for program management

and administration.

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women

as authorized by the Omnibus Crime Control and Safe Streets

Act of 1968 (‘‘the 1968 Act’’); the Violent Crime Control and Law

Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’);

the Victims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children

Today Act of 2003 (Public Law 108–21); and the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386);

$387,629,000 (including amounts for administrative costs, which

shall be transferred to and merged with the ‘‘Justice Assistance’’

account), to remain available until expended.

Of the amount provided—

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

program, as authorized by section 217 of the 1990 Act;

PUBLIC LAW 108–199—JAN. 23, 2004 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.

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention

Act of 1974 (‘‘the Act’’), and other juvenile justice programs,

including salaries and expenses in connection therewith to be transferred to and merged with the appropriations for Justice Assistance,

$352,700,000, to remain available until expended, as follows—

(1) $3,600,000 for concentration of Federal efforts, as

authorized by section 204 of the Act;

(2) $84,000,000 for State and local programs authorized

by section 221 of the Act, including training and technical

assistance to assist small, non-profit organizations with the

Federal grants process;

118 STAT. 60 PUBLIC LAW 108–199—JAN. 23, 2004

(3) $2,500,000 for research, evaluation, training and technical assistance, as authorized by sections 251 and 252 of

the Act;

(4) $79,600,000 for demonstration projects as authorized

by sections 261 and 262 of the Act;

(5) $80,000,000 for delinquency prevention, as authorized

by section 505 of the Act, of which—

(A) $10,000,000 shall be for the Tribal Youth program;

(B) $20,000,000 shall be for a gang resistance education

and training program to be coordinated with the Bureau

of Alcohol, Tobacco, Firearms and Explosives; and

(C) $25,000,000 shall be for grants of $360,000 to each

State and $6,640,000 shall be available for discretionary

grants to States, for programs and activities to enforce

State laws prohibiting the sale of alcoholic beverages to

minors or the purchase or consumption of alcoholic beverages by minors, prevention and reduction of consumption

of alcoholic beverages by minors, and for technical assistance and training;

(6) $5,000,000 for Project Childsafe;

(7) $10,000,000 for the Secure Our Schools Act as authorized by Public Law 106–386;

(8) $15,000,000 for Project Sentry to reduce youth gun

violence, and gang and drug-related crime;

(9) $13,000,000 for programs authorized by the Victims

of Child Abuse Act of 1990; and

(10) $60,000,000 for the Juvenile Accountability Block

Grants program as authorized by Public Law 107–273 and

Guam shall be considered a State:

Provided, That not more than 10 percent of each amount in this

section may be used for research, evaluation, and statistics activities

designed to benefit the programs or activities authorized, and not

more than 2 percent of each amount may be used for training

and technical assistance.

PUBLIC SAFETY OFFICERS BENEFITS

To remain available until expended, for payments authorized

by part L of title I of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796), such sums as are necessary, as

authorized by section 6093 of Public Law 100–690 (102 Stat. 4339–

4340); and $3,000,000, to remain available until expended for payments as authorized by section 1201(b) of said Act.

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

(INCLUDING RESCISSION)

SEC. 101. In addition to amounts otherwise made available

in this title for official reception and representation expenses, a

total of not to exceed $45,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney

General for official reception and representation expenses.

SEC. 102. None of the funds appropriated by this title shall

be available to pay for an abortion, except where the life of the

mother would be endangered if the fetus were carried to term,

or in the case of rape: Provided, That should this prohibition be

Abortion.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 61

declared unconstitutional by a court of competent jurisdiction, this

section shall be null and void.

SEC. 103. None of the funds appropriated under this title shall

be used to require any person to perform, or facilitate in any

way the performance of, any abortion.

SEC. 104. Nothing in the preceding section shall remove the

obligation of the Director of the Bureau of Prisons to provide escort

services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section

in any way diminishes the effect of section 103 intended to address

the philosophical beliefs of individual employees of the Bureau

of Prisons.

SEC. 105. Notwithstanding any other provision of law, not

to exceed $10,000,000 of the funds made available in this Act

may be used to establish and publicize a program under which

publicly advertised, extraordinary rewards may be paid, which shall

not be subject to spending limitations contained in sections 3059

and 3072 of title 18, United States Code: Provided, That any reward

of $100,000 or more, up to a maximum of $2,000,000, may not

be made without the personal approval of the President or the

Attorney General and such approval may not be delegated: Provided

further, That rewards made pursuant to section 501 of Public Law

107–56 shall not be subject to this section.

SEC. 106. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of Justice

in this Act may be transferred between such appropriations, but

no such appropriation, except as otherwise specifically provided,

shall be increased by more than 10 percent by any such transfers:

Provided, That any transfer pursuant to this section shall be treated

as a reprogramming of funds under section 605 of this Act and

shall not be available for obligation except in compliance with

the procedures set forth in that section.

SEC. 107. Section 114 of Public Law 107–77 shall remain in

effect during fiscal year 2004.

SEC. 108. (a) Hereafter, the Attorney General is authorized

to transfer, under such terms and conditions as the Attorney General shall specify, forfeited real or personal property of limited

or marginal value, as such value is determined by guidelines established by the Attorney General, to a State or local government

agency, or its designated contractor or transferee, for use to support

drug abuse treatment, drug and crime prevention and education,

housing, job skills, and other community-based public health and

safety programs.

(b) Any transfer under the preceding proviso shall not create

or confer any private right of action in any person against the

United States, and shall be treated as a reprogramming under

section 605 of this Act.

SEC. 109. Authorities contained in the 21st Century Department

of Justice Appropriations Authorization Act (Public Law 107–273)

shall remain in effect until the effective date of a subsequent

Department of Justice appropriations authorization Act.

SEC. 110. None of the funds appropriated or otherwise made

available by this Act or any other Act to the Department of Justice

shall be expended for the purpose of reimbursement or direct payments for the legal fees of an individual employed as an attorney

in the Department of Justice for a matter in which the individual

28 USC 524 note.

Abortion.

118 STAT. 62 PUBLIC LAW 108–199—JAN. 23, 2004

is the subject of a disciplinary recommendation for ethical misconduct by the Counsel for Professional Responsibility.

SEC. 111. In addition to the amounts provided under ‘‘Salaries

and Expenses, United States Attorneys’’, $15,000,000 shall be for

Project Seahawk and shall remain available until expended.

SEC. 112. (a)(1) None of the funds provided in this Act or

hereafter may be used for courts or law enforcement officers for

a tribe or village—

(A) in which fewer than 25 Native members live in the

village year round; or

(B) that is located within the boundaries of the Fairbanks

North Star Borough, the Matanuska Susitna Borough, the

Municipality of Anchorage, the Kenai Peninsula Borough, the

City and Borough of Juneau, the Sitka Borough, or the Ketchikan Borough.

(2)(A) There is established an Alaska Rural Justice and Law

Enforcement Commission (hereinafter ‘‘Justice Commission’’). The

United States Attorney General shall appoint the Justice Commission which shall include a Federal Co-chairman, the Attorney General for the State of Alaska or his designee who shall act as

the State Co-Chairman, the Commissioner of Public Safety for

the State of Alaska, a representative from the Alaska Municipal

League, a representative from an organized borough, a representative of the Alaska Federation of Natives, a tribal representative,

a representative from a non-profit Native corporation that operates

Village Public Safety Officer programs, and a representative from

the Alaska Native Justice Center. The chief judge for the Federal

District Court for the District of Alaska may also appoint a nonvoting 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 MatanuskaSusitna Borough, the City and Borough of Juneau, the Sitka Borough, and the Ketchikan Borough. It shall make recommendations

to Congress and the Alaska State Legislature no later than May

1, 2004, on options which shall include the following—

(i) create a unified law enforcement system, court system,

and system of local laws or ordinances for Alaska Native villages and communities of varying sizes including the possibility

of first, second, and third class villages with different powers;

(ii) meet the law enforcement and judicial personnel needs

in rural Alaska including the possible use of cross deputization

in a way that maximizes the existing resources of Federal,

State, local, and tribal governments;

(iii) address the needs to regulate alcoholic beverages

including the prohibition of the sale, importation, use, or possession of alcoholic beverages and to provide restorative justice

for persons who violate such laws including treatment; and

(iv) address the problem of domestic violence and child

abuse including treatment options and restorative justice.

(b)(1) The General Accounting Office shall immediately begin

a review of Federal programs benefitting rural communities in

Alaska including the name of each program and the department

or agency that administers it, the amount of funds provided to

Deadline.

Establishment.

Alaska.

25 USC 3651

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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 Office shall submit a report of its findings to the House and

Senate Committees on Appropriations, and to the Alaska Federation

of Natives no later than April 30, 2004.

(2) The Alaska Federation of Natives, in consultation with

the Alaska Municipal League, may review the delivery of Federal

programs in Alaska and make recommendations to the Congress

to reduce duplication, improve and consolidate delivery of services,

streamline application and administrative procedures, improve

accountability, mandate performance measures, and other actions

to reduce costs and improve efficiency.

(c) The Federal Advisory Committee Act shall not apply to

this section.

(d) Amend the Denali Commission Act (title III of Public Law

105–277) by adding a new section as follows:

‘‘SEC. 310. (a) The Federal Co-chairman of the Denali Commission shall appoint an Economic Development Committee to be

chaired by the president of the Alaska Federation of Natives which

shall include the Commissioner of Community and Economic Affairs

for the State of Alaska, a representative from the Alaska Bankers

Association, the chairman of the Alaska Permanent Fund, a representative from the Alaska State Chamber of Commerce, and

a representative from each region. Of the regional representatives,

at least two each shall be from Native regional corporations, Native

non-profit corporations, tribes, and borough governments.

‘‘(b) The Economic Development Committee is authorized to

consider and approve applications from Regional Advisory Committees for grants and loans to promote economic development and

promote private sector investment to reduce poverty in economically

distressed rural villages. The Economic Development Committee

may make mini-grants to individual applicants and may issue loans

under such terms and conditions as it determines.

‘‘(c) The State Co-chairman of the Denali Commission shall

appoint a Regional Advisory Committee for each region which may

include representatives from local, borough, and tribal governments,

the Alaska Native non-profit corporation operating in the region,

local Chambers of Commerce, and representatives of the private

sector. Each Regional Advisory Committee shall develop a regional

economic development plan for consideration by the Economic

Development Committee.

‘‘(d) The Economic Development Committee, in consultation

with the First Alaskans Institute, may develop rural development

performance measures linking economic growth to poverty reduction

to measure the success of its program which may include economic,

educational, social, and cultural indicators. The performance measures will be tested in one region for 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

Establishment.

Establishment.

42 USC 3121

note.

Reports.

Deadline.

118 STAT. 64 PUBLIC LAW 108–199—JAN. 23, 2004

work plan to assist Alaska Natives and other rural residents in

acquiring the skills and training necessary to participate fully in

private sector business and economic and development opportunities

through fellowships, scholarships, internships, public service programs, and other leadership initiatives.

‘‘(f) The Committee shall sponsor a statewide economic development summit in consultation with the World Bank to evaluate

the best practices for economic development worldwide and how

they can be incorporated into regional economic development plans.

‘‘(g) There is authorized to be appropriated such sums as may

be necessary to the following agencies which shall be transferred

to the Denali Commission as a direct lump sum payment to implement this section—

‘‘(1) Department of Commerce, Economic Development

Administration,

‘‘(2) Department of Housing and Urban Development,

‘‘(3) Department of the Interior, Bureau of Indian Affairs,

‘‘(4) Department of Agriculture, Rural Development

Administration, and

‘‘(5) Small Business Administration.’’.

SEC. 113. For an additional amount for the ‘‘Local Law Enforcement Block Grant’’ program to be provided to the City of San

Juan, Puerto Rico, $550,000.

SEC. 114. Of the unobligated balances available to the Department of Justice from prior year appropriations with the exception

of funds provided for counterterrorism activities, counterintelligence

activities, white collar crime enforcement, organized crime enforcement, and drug enforcement, $100,000,000 are rescinded: Provided,

That within 30 days after the date of the enactment of this section

the Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report

specifying the amount of each rescission made pursuant to this

section.

This title may be cited as the ‘‘Department of Justice Appropriations Act, 2004’’.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED

AGENCIES

TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade

Representative, including the hire of passenger motor vehicles and

the employment of experts and consultants as authorized by 5

U.S.C. 3109, $41,994,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $124,000 shall

be available for official reception and representation expenses: Provided further, That not less than $2,000,000 provided under this

heading shall be for expenses authorized by 19 U.S.C. 2451 and

1677b(c): Provided further, That negotiations shall be conducted

within the World Trade Organization to recognize the right of

Department of

Commerce and

Related Agencies

Appropriations

Act, 2004.

Deadline.

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 65

members to distribute monies collected from antidumping and

countervailing duties.

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission,

including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception

and representation expenses, $58,295,000, to remain available until

expended.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of

the Department of Commerce provided for by law, and for engaging

in trade promotional activities abroad, including expenses of grants

and cooperative agreements for the purpose of promoting exports

of United States firms, without regard to 44 U.S.C. 3702 and

3703; full medical coverage for dependent members of immediate

families of employees stationed overseas and employees temporarily

posted overseas; travel and transportation of employees of the

United States and Foreign Commercial Service between two points

abroad, without regard to 49 U.S.C. 40118; employment of Americans and aliens by contract for services; rental of space abroad

for periods not exceeding 10 years, and expenses of alteration,

repair, or improvement; purchase or construction of temporary

demountable exhibition structures for use abroad; payment of tort

claims, in the manner authorized in the first paragraph of 28

U.S.C. 2672 when such claims arise in foreign countries; not to

exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to

exceed $30,000 per vehicle; obtaining insurance on official motor

vehicles; and rental of tie lines, $395,123,000, to remain available

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

to be retained and used by the International Trade Administration,

notwithstanding 31 U.S.C. 3302: Provided, That $46,669,000 shall

be for Manufacturing and Services; $38,204,000 shall be for Market

Access and Compliance; $68,160,000 shall be for the Import

Administration of which $3,000,000 is to establish an Office of

China Compliance; $217,040,000 shall be for the United States

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

Advocacy Center, $2,500,000 is for the Trade Information Center,

and $2,100,000 is for a China and Middle East Business Center;

and $25,050,000 shall be for Executive Direction and Administration: Provided further, That negotiations shall be conducted within

the World Trade Organization to recognize the right of members

to distribute monies collected from antidumping and countervailing

duties: Provided further, That the provisions of the first sentence

of section 105(f) and all of section 108(c) of the Mutual Educational

and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))

shall apply in carrying out these activities without regard to section

5412 of the Omnibus Trade and Competitiveness Act of 1988 (15

Applicability.

Establishment.

118 STAT. 66 PUBLIC LAW 108–199—JAN. 23, 2004

U.S.C. 4912); and that for the purpose of this Act, contributions

under the provisions of the Mutual Educational and Cultural

Exchange Act of 1961 shall include payment for assessments for

services provided as part of these activities.

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national

security activities of the Department of Commerce, including costs

associated with the performance of export administration field

activities both domestically and abroad; full medical coverage for

dependent members of immediate families of employees stationed

overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized

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

in foreign countries; not to exceed $15,000 for official representation

expenses abroad; awards of compensation to informers under the

Export Administration Act of 1979, and as authorized by 22 U.S.C.

401(b); and purchase of passenger motor vehicles for official use

and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price

limitation otherwise established by law, $68,203,000, to remain

available until September 30, 2005, of which $7,203,000 shall be

for inspections and other activities related to national security:

Provided, That the provisions of the first sentence of section 105(f)

and all of section 108(c) of the Mutual Educational and Cultural

Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply

in carrying out these activities: Provided further, That payments

and contributions collected and accepted for materials or services

provided as part of such activities may be retained for use in

covering the cost of such activities, and for providing information

to the public with respect to the export administration and national

security activities of the Department of Commerce and other export

control programs of the United States and other governments.

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided

by the Public Works and Economic Development Act of 1965, and

for trade adjustment assistance, $288,115,000, to remain available

until expended.

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $30,565,000:

Provided, That these funds may be used to monitor projects

approved pursuant to title I of the Public Works Employment

Act of 1976, title II of the Trade Act of 1974, and the Community

Emergency Drought Relief Act of 1977.

Applicability.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 67

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in

fostering, promoting, and developing minority business enterprise,

including expenses of grants, contracts, and other agreements with

public or private organizations, $28,859,000.

ECONOMIC AND INFORMATION INFRASTRUCTURE

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic

and statistical analysis programs of the Department of Commerce,

$75,000,000, to remain available until September 30, 2005.

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

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

PERIODIC CENSUSES AND PROGRAMS

For necessary expenses related to the 2010 decennial census,

$255,200,000, to remain available until September 30, 2005: Provided, That, of the total amount available related to the 2010

decennial census, $107,090,000 is for the Re-engineered Design

Process for the Short-Form Only Census, $64,800,000 is for the

American Community Survey, and $83,310,000 is for the Master

Address File/Topologically Integrated Geographic Encoding and Referencing (MAF/TIGER) system.

In addition, for expenses to collect and publish statistics for

other periodic censuses and programs provided for by law,

$180,853,000, to remain available until September 30, 2005, of

which $80,082,000 is for economic statistics programs and

$100,771,000 is for demographic statistics programs: Provided, That

regarding engineering and design of a facility at the Suitland Federal Center, quarterly reports regarding the expenditure of funds

and project planning, design and cost decisions shall be provided

by the Bureau, in cooperation with the General Services Administration, to the Committees on Appropriations of the Senate and the

House of Representatives: Provided further, That none of the funds

provided in this or any other Act under the heading ‘‘Bureau of

the Census, Periodic Censuses and Programs’’ shall be used to

fund the construction and tenant build-out costs of a facility at

the Suitland Federal Center.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National

Telecommunications and Information Administration (NTIA),

Reports.

118 STAT. 68 PUBLIC LAW 108–199—JAN. 23, 2004

$14,604,000, to remain available until September 30, 2005: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of

Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, and operations, and related services

and such fees shall be retained and used as offsetting collections

for costs of such spectrum services, to remain available until

expended: Provided further, That the Secretary of Commerce is

authorized to retain and use as offsetting collections all funds

transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research,

engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions

under this paragraph, and such funds received from other Government agencies shall remain available until expended.

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For grants authorized by section 392 of the Communications

Act of 1934, $22,000,000, to remain available until expended as

authorized by section 391 of the Act: Provided, That not to exceed

$2,000,000 shall be available for program administration as authorized by section 391 of the Act: Provided further, That, notwithstanding the provisions of section 391 of the Act, the prior year

unobligated balances may be made available for grants for projects

for which applications have been submitted and approved during

any fiscal year.

INFORMATION INFRASTRUCTURE GRANTS

For grants authorized by section 392 of the Communications

Act of 1934, $15,000,000, to remain available until expended as

authorized by section 391 of the Act: Provided, That not to exceed

$3,000,000 shall be available for program administration and other

support activities as authorized by section 391: Provided further,

That, of the funds appropriated herein, not to exceed 5 percent

may be available for telecommunications research activities for

projects related directly to the development of a national information infrastructure: Provided further, That, notwithstanding the

requirements of sections 392(a) and 392(c) of the Act, these funds

may be used for the planning and construction of telecommunications networks for the provision of educational, health care, or

public information: Provided further, That, notwithstanding any

other provision of law, no entity that receives telecommunications

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

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

sharing systems grant program of the Department of Justice under

part M of title I of the Omnibus Crime Control and Safe Streets

Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under

this heading to cover any costs of the entity that would otherwise

be covered by such preferential rates or such assistance, as the

case may be.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 69

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the United States Patent and Trademark Office provided for by law, including defense of suits instituted

against the Under Secretary of Commerce for Intellectual Property

and Director of the United States Patent and Trademark Office,

$1,222,460,000, to remain available until expended, which amount

shall be derived from offsetting collections assessed and collected

pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall

be retained and used for necessary expenses in this appropriation:

Provided, That the sum herein appropriated from the general fund

shall be reduced as such offsetting collections are received during

fiscal year 2004, so as to result in a fiscal year 2004 appropriation

from the general fund estimated at $0: Provided further, That

during fiscal year 2004, should the total amount of offsetting fee

collections be less than $1,222,460,000, the total amounts available

to the United States Patent and Trademark Office shall be reduced

accordingly: Provided further, That from amounts provided herein,

not to exceed $1,000 shall be made available in fiscal year 2004

for official reception and representation expenses: Provided further,

That, notwithstanding section 1353 of title 31, United States Code,

no employee of the United States Patent and Trademark Office

may accept payment or reimbursement from a non-Federal entity

for travel, subsistence, or related expenses for the purpose of

enabling an employee to attend and participate in a convention,

conference, or meeting when the entity offering payment or

reimbursement is a person or corporation subject to regulation

by the Office, or represents a person or corporation subject to

regulation by the Office, unless the person or corporation is an

organization exempt from taxation pursuant to section 501(c)(3)

of the Internal Revenue Code of 1986.

SCIENCE AND TECHNOLOGY

TECHNOLOGY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Under Secretary for Technology

Office of Technology Policy, $6,411,000.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards

and Technology, $344,366,000, to remain available until expended,

of which not to exceed $282,000 may be transferred to the ‘‘Working

Capital Fund’’.

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and Technology,

$39,607,000, to remain available until expended.

In addition, for necessary expenses of the Advanced Technology

Program of the National Institute of Standards and Technology,

118 STAT. 70 PUBLIC LAW 108–199—JAN. 23, 2004

$179,175,000, to remain available until expended, of which

$60,700,000 shall be expended for the award of new grants before

September 30, 2004.

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance

of existing facilities, not otherwise provided for the National

Institute of Standards and Technology, as authorized by 15 U.S.C.

278c–278e, $64,954,000, to remain available until expended.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the

National Oceanic and Atmospheric Administration, including

maintenance, operation, and hire of aircraft; grants, contracts, or

other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities as authorized, $2,686,520,000, to remain available

until September 30, 2005, except for funds provided for cooperative

enforcement which shall remain available until September 30, 2006:

Provided, That fees and donations received by the National Ocean

Service for the management of the national marine sanctuaries

may be retained and used for the salaries and expenses associated

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

further, That, in addition, $62,000,000 shall be derived by transfer

from the fund entitled ‘‘Promote and Develop Fishery Products

and Research Pertaining to American Fisheries’’: Provided further,

That grants to States pursuant to sections 306 and 306A of the

Coastal Zone Management Act of 1972, as amended, shall not

exceed $2,000,000, unless funds provided for ‘‘Coastal Zone Management Grants’’ exceed funds provided in the previous fiscal year:

Provided further, That if funds provided for ‘‘Coastal Zone Management Grants’’ exceed funds provided in the previous fiscal year,

then no State shall receive more than 5 percent or less than

1 percent of the additional funds: Provided further, That, of the

$2,748,520,000 provided for in direct obligations under this heading

(of which $2,686,520,000 is appropriated from the General Fund

and $62,000,000 is provided by transfer), $513,910,000 shall be

for the National Ocean Service, $639,990,000 shall be for the

National Marine Fisheries Service, $400,813,000 shall be for Oceanic and Atmospheric Research, $729,685,000 shall be for the

National Weather Service, $153,827,000 shall be for the National

Environmental Satellite, Data, and Information Service, and

$310,295,000 shall be for Program Support: Provided further, That

no general administrative charge shall be applied against an

assigned activity included in this Act or the report accompanying

this Act: Provided further, That deobligated balances of funds provided under this heading in previous years shall be deposited in

the United States Treasury General Fund: Provided further, That

payments of funds made available under this heading to the Department of Commerce Working Capital Fund shall not exceed

$38,758,000: Provided further, That none of the funds under this

PUBLIC LAW 108–199—JAN. 23, 2004 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 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 EGovernment initiatives.

In addition, for necessary retired pay expenses under the

Retired Serviceman’s Family Protection and Survivor Benefits Plan,

and for payments for medical care of retired personnel and their

dependents under the Dependents Medical Care Act (10 U.S.C.

ch. 55), such sums as may be necessary.

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For procurement, acquisition and construction of capital assets,

including alteration and modification costs, of the National Oceanic

and Atmospheric Administration, $990,127,000, to remain available

until September 30, 2006, except for funds appropriated for the

National Marine Fisheries Service Honolulu Laboratory and the

Marine Environmental Health Research Laboratory, which shall

remain available until expended: Provided, That of the amounts

provided for the National Polar-orbiting Operational Environmental

Satellite System, funds shall only be made available on a dollar

for dollar matching basis with funds provided for the same purpose

by the Department of Defense: Provided further, That none of

the funds provided in this Act or any other Act under the heading

‘‘National Oceanic and Atmospheric Administration, Procurement,

Acquisition and Construction’’ shall be used to fund the General

Services Administration’s standard construction and tenant buildout costs of a facility at the Suitland Federal Center.

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of

Pacific salmon populations, $90,000,000.

FISHERIES FINANCE PROGRAM ACCOUNT

For the costs of direct loans as authorized by the Merchant

Marine Act of 1936: Provided, That such costs, including the cost

of modifying such loans, shall be as defined in the Federal Credit

Reform Act of 1990: Provided further, That these funds are available

to subsidize gross obligations for the principle amount of direct

loans not to exceed $5,000,000 for Individual Fishing Quota loans,

and not to exceed $59,000,000 for traditional direct loans, of which

$40,000,000 may be used for direct loans to the United States

distant water tuna fleet, and of which $19,000,000 may be used

for direct loans to the United States menhaden fishery: Provided

15 USC 1540

note.

118 STAT. 72 PUBLIC LAW 108–199—JAN. 23, 2004

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

may be used for direct loans for any new fishing vessel that will

increase the harvesting capacity in any United States fishery.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of

the Department of Commerce provided for by law, including not

to exceed $5,000 for official entertainment, $47,289,000: Provided,

That not to exceed 12 full-time equivalents and $1,621,000 shall

be expended for the legislative affairs function of the Department.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978

(5 U.S.C. App.), $21,116,000.

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING RESCISSION)

SEC. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce

by this Act shall be available for the activities specified in the

Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in

the manner prescribed by the Act, and, notwithstanding 31 U.S.C.

3324, may be used for advanced payments not otherwise authorized

only upon the certification of officials designated by the Secretary

of Commerce that such payments are in the public interest.

SEC. 202. During the current fiscal year, appropriations made

available to the Department of Commerce by this Act for salaries

and expenses shall be available for hire of passenger motor vehicles

as authorized by 31 U.S.C. 1343 and 1344; services as authorized

by 5 U.S.C. 3109; and uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901–5902).

SEC. 203. Hereafter, none of the funds made available by this

or any other Act for the National Oceanic and Atmospheric Administration may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States

Air Force or the United States Air Force Reserve.

SEC. 204. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of Commerce

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 10 percent

by any such transfers: Provided, That any transfer pursuant to

this section shall be treated as a reprogramming of funds under

section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section: Provided further, That the Secretary of Commerce

shall notify the Committees on Appropriations at least 15 days

in advance of the acquisition or disposal of any capital asset

(including land, structures, and equipment) not specifically provided

for in this or any other Departments of Commerce, Justice, and

State, the Judiciary, and Related Agencies Appropriations Act.

SEC. 205. Any costs incurred by a department or agency funded

under this title resulting from personnel actions taken in response

Notification.

15 USC 313 note.

PUBLIC LAW 108–199—JAN. 23, 2004 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. Hereafter, the Secretary of Commerce may use the

Commerce franchise fund for expenses and equipment necessary

for the maintenance and operation of such administrative services

as the Secretary determines may be performed more advantageously

as central services, pursuant to section 403 of Public Law 103–

356: Provided, That any inventories, equipment, and other assets

pertaining to the services to be provided by such fund, either

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

and any appropriations made for the purpose of providing capital

shall be used to capitalize such fund: Provided further, That such

fund shall be paid in advance from funds available to the Department and other Federal agencies for which such centralized services

are performed, at rates which will return in full all expenses of

operation, including accrued leave, depreciation of fund plant and

equipment, amortization of automated data processing software

and systems (either acquired or donated), and an amount necessary

to maintain a reasonable operating reserve, as determined by the

Secretary: Provided further, That such fund shall provide services

on a competitive basis: Provided further, That an amount not to

exceed 4 percent of the total annual income to such fund may

be retained in the fund for fiscal year 2004 and each fiscal year

thereafter, to remain available until expended, to be used for the

acquisition of capital equipment, and for the improvement and

implementation of department financial management, automated

data processing, and other support systems: Provided further, That

such amounts retained in the fund for fiscal year 2004 and each

fiscal year thereafter shall be available for obligation and expenditure only in accordance with section 605 of this Act: Provided

further, That no later than 30 days after the end of each fiscal

year, amounts in excess of this reserve limitation shall be deposited

as miscellaneous receipts in the Treasury.

SEC. 207. Notwithstanding any other provision of law, of the

amounts made available elsewhere in this title to the ‘‘National

Institute of Standards and Technology, Construction of Research

Facilities’’, $14,000,000 is appropriated to fund a cooperative agreement with the Medical University of South Carolina, $5,000,000

is appropriated to the Thayer School of Engineering, of which

$1,000,000 is for research relating to intelligent control of distributed systems, $2,000,000 is for a smart laser beam project, and

$2,000,000 is for research relating to nanomagnetics, $500,000 is

appropriated to the Institute for Information Infrastructure Protection at the Institute for Security and Technology Studies, $1,000,000

is appropriated for the Institute of Politics, and $500,000 is appropriated for the Coastal Conservation Center.

SEC. 208. Of the amount available from the fund entitled ‘‘Promote and Develop Fishery Products and Research Pertaining to

Deadline.

31 USC 501 note.

118 STAT. 74 PUBLIC LAW 108–199—JAN. 23, 2004

American Fisheries’’, $10,000,000 shall be provided to the Alaska

Fisheries Marketing Board, $2,000,000 shall be available to the

Gulf and South Atlantic Fisheries Foundation, $2,000,000 shall

be available to the South Carolina Seafood Alliance, $1,500,000

shall be available to the Oregon Trawl Commission, and $1,500,000

shall be available to the Oregon State University Seafood Laboratory: Provided, That: (1) the Alaska Fisheries Marketing Board

(hereinafter ‘‘the Board’’) shall be a nonprofit organization and

not an agency or establishment of the United States; (2) the Secretary may appoint, assign, or otherwise designate as Executive

Director an employee of the Department of Commerce, who may

serve in an official capacity in such position, with or without

reimbursement, and such appointment or assignment shall be without interruption or loss of civil service status or privilege; and

(3) the Board may adopt bylaws consistent with the purposes of

this section, and may undertake other acts necessary to carry

out the provisions of this section.

SEC. 209. (a) Notwithstanding the provisions of the Public

Works and Economic Development Act as amended (42 U.S.C. 3121,

et seq.) or any other provision of law, the Economic Development

Administration shall approve the sale, transfer, or conveyance, without compensation to the agency, of any land on the former

Charleston Naval Base, located north of Viaduct Road which was

improved by EDA project numbers 04–49–04196, 04–49–04280, 04–

49–04462, and 04–49–04461 and funds obligated but not yet disbursed in connection with EDA project number 04–49–04347 shall

remain available until expended and, as of September 30, 2003,

shall be exempt from the application of section 1552 of title 31,

United States Code.

(b) Notwithstanding any other provision of law, the Secretary

of Commerce shall approve, without compensation to the Agency,

a lease to be entered into by the City of Florence, Alabama, and

Alabama Real Estate Holdings, Inc., containing such terms and

conditions as the city of Florence determines appropriate, for use

of the parcel of land (including improvements thereon) located in

Florence, Alabama, that was improved using assistance from the

Economic Development Administration under EDA project number

04–01–03963.

SEC. 210. (a) The Secretary of Commerce is authorized to

operate a marine laboratory in South Carolina in accordance with

a memorandum of agreement, including any future amendments,

among the National Oceanic and Atmospheric Administration, the

National Institute of Standards and Technology, the State of South

Carolina, the Medical University of South Carolina, and the College

of Charleston as a partnership for collaborative, interdisciplinary

marine scientific research.

(b) To carry out subsection (a), the agencies that are partners

in the Laboratory may accept, apply for, use, and spend Federal,

State, private and grant funds as necessary to further the mission

of the Laboratory without regard to the source or of the period

of availability of these funds and may apply for and hold patents,

as well as share personnel, facilities, and property. Any funds

collected or accepted by any partner may be used to offset all

or portions of its costs, including overhead, without regard to 31

U.S.C. 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

South Carolina.

Memorandum.

Alabama.

Alabama Real

Estate Holdings,

Inc.

PUBLIC LAW 108–199—JAN. 23, 2004 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 GEN- ERAL.—Section 101(k) of the Emergency Steel Loan Guarantee Act

of 1999 (Public Law 106–51; 15 U.S.C. 1841 note) is amended

by striking ‘‘2003’’ and inserting ‘‘2005’’.

(b) SALARIES AND EXPENSES.—In addition to funds made available under section 101(j) of Emergency Steel Loan Guarantee Act

of 1999 (15 U.S.C. 1841 note), up to $2,000,000 in funds made

available under section 101(f) of such Act may be used for salaries

and administrative expenses to administer the Emergency Steel

Loan Guarantee Program.

SEC. 212. In addition to amounts made available under the

heading ‘‘Procurement, Acquisition and Construction, National Oceanic and Atmospheric Administration’’ $1,500,000 shall be available

for the Western Carolina University, $1,000,000 shall be available

for the South Florida Museum, $140,000 shall be available for

the French and Indian War Foundation, $1,000,000 shall be available for the City of Chattanooga, Tennessee, $1,000,000 shall be

available for the University of Mississippi, $1,000,000 shall be

available for the City of Charlotte, North Carolina, and $489,000

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—

118 STAT. 76 PUBLIC LAW 108–199—JAN. 23, 2004

(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 nonpollock groundfish capacity reduction program which may

include fewer than all management areas of the fishery;

(3) permanently revokes all fishery licenses, fishery permits, area and species endorsements, and any other fishery

privileges issued to a vessel or vessels (or to persons on the

basis of their operation or ownership of that vessel or vessels)

removed under the program; and

(4) ensures that all vessels removed from the fishery under

the program are made permanently ineligible to participate

in any fishery worldwide, and that the owners of such vessels

will operate only under the United States flag or such vessels

shall be scrapped as a reduction vessel pursuant to section

600.1011(c) of title 50, Code of Federal Regulations.

SEC. 215. Of the unobligated balances available to the Department of Commerce from prior year appropriations with the exception of funds provided for coral reef activities, fisheries enforcement,

the Ocean Health Initiative, land acquisition, and lab construction,

$100,000,000 are rescinded: Provided, That within 30 days after

the date of enactment of this section the Secretary of Commerce

shall submit to the Committees on Appropriations of the House

of Representatives and the Senate a report specifying the amount

of each rescission made pursuant to this section.

This title may be cited as the ‘‘Department of Commerce and

Related Agencies Appropriations Act, 2004’’.

TITLE III—THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court,

as required by law, excluding care of the building and grounds,

including purchase or hire, driving, maintenance, and operation

of an automobile for the Chief Justice, not to exceed $10,000 for

the purpose of transporting Associate Justices, and hire of passenger

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

to exceed $10,000 for official reception and representation expenses;

and for miscellaneous expenses, to be expended as the Chief Justice

may approve, $55,360,000.

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the

Architect of the Capitol to carry out the duties imposed upon

the Architect as authorized by law, $10,591,000, which shall remain

available until expended.

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of the chief judge, judges, and other officers and

employees, and for necessary expenses of the court, as authorized

by law, $20,662,000.

Judiciary

Appropriations

Act, 2004.

Deadline.

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 77

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

For salaries of the chief judge and eight judges, salaries of

the officers and employees of the court, services, and necessary

expenses of the court, as authorized by law, $14,068,000.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges

of the territorial courts of the United States), justices and judges

retired from office or from regular active service, judges of the

United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal

Judiciary not otherwise specifically provided for, and necessary

expenses of the courts, as authorized by law, $3,994,176,000

(including the purchase of firearms and ammunition); of which

not to exceed $27,817,000 shall remain available until expended

for space alteration projects and for furniture and furnishings

related to new space alteration and construction projects: Provided,

That any funds appropriated in this Act to be used for the United

States District Court for the Eastern District of Texas will also

be made available for the Sherman Division’s expansion into Plano,

Texas, and the Sherman Division is also granted authority to hold

court proceedings there.

In addition, for expenses of the United States Court of Federal

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $3,193,000, to be

appropriated from the Vaccine Injury Compensation Trust Fund.

DEFENDER SERVICES

For the operation of Federal Public Defender and Community

Defender organizations; the compensation and reimbursement of

expenses of attorneys appointed to represent persons under the

Criminal Justice Act of 1964; the compensation and reimbursement

of expenses of persons furnishing investigative, expert and other

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

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

Act maximums) and reimbursement of expenses of attorneys

appointed to assist the court in criminal cases where the defendant

has waived representation by counsel; the compensation and

reimbursement of travel expenses of guardians ad litem acting

on behalf of financially eligible minor or incompetent offenders

in connection with transfers from the United States to foreign

countries with which the United States has a treaty for the execution of penal sentences; the compensation of attorneys appointed

to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d); and for necessary training

and general administrative expenses, $604,477,000, to remain available until expended.

118 STAT. 78 PUBLIC LAW 108–199—JAN. 23, 2004

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C.

1871 and 1876; compensation of jury commissioners as authorized

by 28 U.S.C. 1863; and compensation of commissioners appointed

in condemnation cases pursuant to rule 71A(h) of the Federal

Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),

$57,822,000, to remain available until expended: Provided, That

the compensation of land commissioners shall not exceed the daily

equivalent of the highest rate payable under section 5332 of title

5, United States Code.

COURT SECURITY

For necessary expenses, not otherwise provided for, incident

to providing protective guard services for United States courthouses

and the procurement, installation, and maintenance of security

equipment for United States courthouses and other facilities

housing Federal court operations, including building ingress-egress

control, inspection of mail and packages, directed security patrols,

and other similar activities as authorized by section 1010 of the

Judicial Improvement and Access to Justice Act (Public Law 100–

702), $277,500,000, of which not to exceed $10,000,000 shall remain

available until expended, to be expended directly or transferred

to the United States Marshals Service, which shall be responsible

for administering the Judicial Facility Security Program consistent

with standards or guidelines agreed to by the Director of the

Administrative Office of the United States Courts and the Attorney

General.

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the

United States Courts as authorized by law, including travel as

authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle

as authorized by 31 U.S.C. 1343(b), advertising and rent in the

District of Columbia and elsewhere, $66,000,000, of which not to

exceed $8,500 is authorized for official reception and representation

expenses.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as

authorized by Public Law 90–219, $21,440,000; of which $1,800,000

shall remain available through September 30, 2005, to provide

education and training to Federal court personnel; and of which

not to exceed $1,000 is authorized for official reception and representation expenses.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 79

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as

authorized by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), $700,000;

and to the United States Court of Federal Claims Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), $2,600,000.

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $12,354,000,

of which not to exceed $1,000 is authorized for official reception

and representation expenses.

GENERAL PROVISIONS—THE JUDICIARY

SEC. 301. Appropriations and authorizations made in this title

which are available for salaries and expenses shall be available

for services as authorized by 5 U.S.C. 3109.

SEC. 302. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Judiciary in this Act

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other

Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and

Commissioners’’, shall be increased by more than 10 percent by

any such transfers: Provided, That any transfer pursuant to this

section shall be treated as a reprogramming of funds under section

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

section.

SEC. 303. Notwithstanding any other provision of law, the

salaries and expenses appropriation for District Courts, Courts

of Appeals, and Other Judicial Services shall be available for official

reception and representation expenses of the Judicial Conference

of the United States: Provided, That such available funds shall

not exceed $11,000 and shall be administered by the Director of

the Administrative Office of the United States Courts in the capacity

as Secretary of the Judicial Conference.

This title may be cited as the ‘‘Judiciary Appropriations Act,

2004’’.

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the

Foreign Service not otherwise provided for, including employment,

without regard to civil service and classification laws, of persons

on a temporary basis (not to exceed $700,000 of this appropriation),

Department of

State and

Related Agency

Appropriations

Act, 2004.

118 STAT. 80 PUBLIC LAW 108–199—JAN. 23, 2004

as authorized by section 801 of the United States Information

and Educational Exchange Act of 1948; representation to certain

international organizations in which the United States participates

pursuant to treaties ratified pursuant to the advice and consent

of the Senate or specific Acts of Congress; arms control, nonproliferation and disarmament activities as authorized; acquisition

by exchange or purchase of passenger motor vehicles as authorized

by law; and for expenses of general administration, $3,420,000,000:

Provided, That not to exceed 69 permanent positions and $7,311,000

shall be expended for the Bureau of Legislative Affairs: Provided

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

not to exceed $4,000,000 may be transferred to, and merged with,

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

appropriations account, to be available only for emergency evacuations and terrorism rewards: Provided further, That, of the amount

made available under this heading, $301,563,000 shall be available

only for public diplomacy international information programs: Provided further, That of the amount made available under this

heading, $3,000,000 shall be available only for the establishment

and operations of an Office on Right-Sizing the United States

Government Overseas Presence: Provided further, That funds available under this heading may be available for a United States

Government interagency task force to examine, coordinate and oversee United States participation in the United Nations headquarters

renovation project: Provided further, That no funds may be obligated

or expended for processing licenses for the export of satellites of

United States origin (including commercial satellites and satellite

components) to the People’s Republic of China unless, at least

15 days in advance, the Committees on Appropriations of the House

of Representatives and the Senate are notified of such proposed

action.

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

fees collected from other executive agencies for lease or use of

facilities located at the International Center in accordance with

section 4 of the International Center Act; in addition, as authorized

by section 5 of such Act, $490,000, to be derived from the reserve

authorized by that section, to be used for the purposes set out

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

United States Information and Educational Exchange Act, not to

exceed $6,000,000, to remain available until expended, may be

credited to this appropriation from fees or other payments received

from English teaching, library, motion pictures, and publication

programs and from fees from educational advising and counseling

and exchange visitor programs; and, in addition, not to exceed

$15,000, which shall be derived from reimbursements, surcharges,

and fees for use of Blair House facilities.

In addition, for the costs of worldwide security upgrades,

$646,701,000, to remain available until expended: Provided, That,

of the amounts made available under this paragraph, $5,000,000

is for the State Department to establish the Center for

Antiterrorism and Security Training.

In addition, for the costs of worldwide OpenNet and classified

connectivity infrastructure, $40,000,000, to remain available until

expended.

Establishment.

China.

Notification.

Establishment.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 81

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, $80,000,000, to remain available until expended, as authorized:

Provided, That section 135(e) of Public Law 103–236 shall not

apply to funds available under this heading.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,

$31,703,000, notwithstanding section 209(a)(1) of the Foreign

Service Act of 1980 (Public Law 96–465), as it relates to post

inspections.

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs,

as authorized, $320,000,000, to remain available until expended:

Provided, That not to exceed $2,000,000, to remain available until

expended, may be credited to this appropriation from fees or other

payments received from or in connection with English teaching,

educational advising and counseling programs, and exchange visitor

programs as authorized.

REPRESENTATION ALLOWANCES

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

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary

of State to provide for extraordinary protective services, as authorized, $10,000,000, to remain available until September 30, 2005.

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service

Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining,

repairing, and planning for buildings that are owned or directly

leased by the Department of State, renovating, in addition to funds

otherwise available, the Harry S Truman Building, and carrying

out the Diplomatic Security Construction Program as authorized,

$530,000,000, to remain available until expended as authorized,

of which not to exceed $20,000 may be used for domestic and

overseas representation as authorized: Provided, That none of the

funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments

and agencies.

In addition, for the costs of worldwide security upgrades,

acquisition, and construction as authorized, $861,400,000, to remain

available until expended.

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For expenses necessary to enable the Secretary of State to

meet unforeseen emergencies arising in the Diplomatic and Consular Service, $1,000,000, to remain available until expended as

authorized, of which not to exceed $1,000,000 may be transferred

to and merged with the Repatriation Loans Program Account, subject to the same terms and conditions.

118 STAT. 82 PUBLIC LAW 108–199—JAN. 23, 2004

REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $612,000, as authorized: Provided, That such costs, including the cost of modifying such loans, shall

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

1974. In addition, for administrative expenses necessary to carry

out the direct loan program, $607,000, which may be transferred

to and merged with the Diplomatic and Consular Programs account

under Administration of Foreign Affairs.

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

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

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability

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

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet

annual obligations of membership in international multilateral

organizations, pursuant to treaties ratified pursuant to the advice

and consent of the Senate, conventions or specific Acts of Congress,

$1,010,463,000: Provided, That the Secretary of State shall transmit

to the Committees on Appropriations of the Senate and of the

House of Representatives the most recent biennial budget prepared

by the United Nations for the operations of the United Nations:

Provided further, That the Secretary of State shall notify the

Committees on Appropriations at least 15 days in advance (or

in an emergency, as far in advance as is practicable) of any United

Nations action to increase funding for any United Nations program

without identifying an offsetting decrease elsewhere in the United

Nations budget and cause the United Nations to exceed the adopted

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

further, That any payment of arrearages under this title shall

be directed toward special activities that are mutually agreed upon

by the United States and the respective international organization:

Provided further, That none of the funds appropriated in this paragraph shall be available for a United States contribution to an

international organization for the United States share of interest

costs made known to the United States Government by such

organization for loans incurred on or after October 1, 1984, through

external borrowings: Provided further, That funds appropriated

under this paragraph may be obligated and expended to pay the

full United States assessment to the civil budget of the North

Atlantic Treaty Organization.

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses

of international peacekeeping activities directed to the maintenance

or restoration of international peace and security, $550,200,000,

of which 10 percent shall remain available until September 30,

Notification.

22 USC 269a

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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 under this heading: Provided

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

shall be obligated or expended for any new or expanded United

Nations peacekeeping mission unless, at least 15 days in advance

of voting for the new or expanded mission in the United Nations

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

practicable): (1) the Committees on Appropriations of the House

of Representatives and the Senate and other appropriate committees

of the Congress are notified of the estimated cost and length of

the mission, the vital national interest that will be served, and

the planned exit strategy; and (2) a reprogramming of funds pursuant to section 605 of this Act is submitted, and the procedures

therein followed, setting forth the source of funds that will be

used to pay for the cost of the new or expanded mission: Provided

further, That funds shall be available for peacekeeping expenses

only upon a certification by the Secretary of State to the appropriate

committees of the Congress that American manufacturers and suppliers are being given opportunities to provide equipment, services,

and material for United Nations peacekeeping activities equal to

those being given to foreign manufacturers and suppliers: Provided

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

are available to pay the United States share of the cost of court

monitoring that is part of any United Nations peacekeeping mission.

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet

obligations of the United States arising under treaties, or specific

Acts of Congress, as follows:

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the

International Boundary and Water Commission, United States and

Mexico, and to comply with laws applicable to the United States

Section, including not to exceed $6,000 for representation; as follows:

SALARIES AND EXPENSES

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

CONSTRUCTION

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

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary

Commission, United States and Canada, as authorized by treaties

between the United States and Canada or Great Britain, and for

the Border Environment Cooperation Commission as authorized

22 USC 269a

note.

Certification.

Notification.

118 STAT. 84 PUBLIC LAW 108–199—JAN. 23, 2004

by Public Law 103–182, $8,944,000, of which not to exceed $9,000

shall be available for representation expenses incurred by the International Joint Commission.

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $19,300,000: Provided, That the United State’s share of such expenses may be

advanced to the respective commissions pursuant to 31 U.S.C. 3324.

OTHER

PAYMENT TO THE ASIA FOUNDATION

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

INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

TRUST FUND

For a grant to the International Center for Middle EasternWestern Dialogue Trust Fund, $7,000,000, for operation of the

International Center for Middle Eastern-Western Dialogue,

Istanbul, Turkey, to remain available until expended, of which

$250,000 shall be made available out of such Trust Fund for the

establishment and operation of a steering committee, which the

Secretary of State shall appoint to establish the International

Center for Middle Eastern-Western Dialogue.

INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

For necessary expenses of the International Center for Middle

Eastern-Western Dialogue, out of the International Center for

Middle Eastern-Western Dialogue Trust Fund, the total amount

of the interest and earnings accruing to such Fund before October

1, 2004, to remain available until expended.

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships,

Incorporated, as authorized by sections 4 and 5 of the Eisenhower

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2004, to remain

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,

in excess of the rate authorized by 5 U.S.C. 5376; or for purposes

which are not in accordance with OMB Circulars A–110 (Uniform

Administrative Requirements) and A–122 (Cost Principles for Nonprofit 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

Establishment.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out

the provisions of the Center for Cultural and Technical Interchange

Between East and West Act of 1960, by grant to the Center for

Cultural and Technical Interchange Between East and West in

the State of Hawaii, $17,880,000: Provided, That none of the funds

appropriated herein shall be used to pay any salary, or enter

into any contract providing for the payment thereof, in excess

of the rate authorized by 5 U.S.C. 5376: Provided further, That,

notwithstanding any other provision of law, the funds appropriated

to the East-West Center appropriation in Public Law 108–7 may

be obligated and expended notwithstanding section 15 of the State

Department Basic Authorities Act of 1956, as amended.

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National

Endowment for Democracy as authorized by the National Endowment for Democracy Act, $40,000,000 to remain available until

expended.

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the Broadcasting Board of

Governors, as authorized, to carry out international communication

activities, including the purchase, installation, rent, and improvement of facilities for radio and television transmission and reception

to Cuba, $546,038,000, of which not to exceed $16,000 may be

used for official receptions within the United States as authorized,

not to exceed $35,000 may be used for representation abroad as

authorized, and not to exceed $39,000 may be used for official

reception and representation expenses of Radio Free Europe/Radio

Liberty; and in addition, notwithstanding any other provision of

law, not to exceed $2,000,000 in receipts from advertising and

revenue from business ventures, not to exceed $500,000 in receipts

from cooperating international organizations, and not to exceed

$1,000,000 in receipts from privatization efforts of the Voice of

America and the International Broadcasting Bureau, to remain

available until expended for carrying out authorized purposes: Provided, That of the amount made available under this heading,

$42,250,000 shall be available to make and supervise grants to

the Middle East Television Network, including Radio Sawa, for

radio and television broadcasting to the Middle East.

BROADCASTING CAPITAL IMPROVEMENTS

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

118 STAT. 86 PUBLIC LAW 108–199—JAN. 23, 2004

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

expended, as authorized.

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

SEC. 401. Funds appropriated under this title shall be available,

except as otherwise provided, for allowances and differentials as

authorized by subchapter 59 of title 5, United States Code; for

services as authorized by 5 U.S.C. 3109; and for hire of passenger

transportation pursuant to 31 U.S.C. 1343(b).

SEC. 402. Not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Department of State

in this Act may be transferred between such appropriations, but

no such appropriation, except as otherwise specifically provided,

shall be increased by more than 10 percent by any such transfers:

Provided, That not to exceed 5 percent of any appropriation made

available for the current fiscal year for the Broadcasting Board

of Governors in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically

provided, shall be increased by more than 10 percent by any such

transfers: Provided further, That any transfer pursuant to this

section shall be treated as a reprogramming of funds under section

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

section.

SEC. 403. None of the funds made available in this Act may

be used by the Department of State or the Broadcasting Board

of Governors to provide equipment, technical support, consulting

services, or any other form of assistance to the Palestinian Broadcasting Corporation.

SEC. 404. For the purposes of registration of birth, certification

of nationality, or issuance of a passport of a United States citizen

born in the city of Jerusalem, the Secretary of State shall, upon

request of the citizen, record the place of birth as Israel.

SEC. 405. Section 2502 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11) is repealed.

SEC. 406. An application for a visa shall be denied without

prejudice under section 221(g) of the Immigration and Nationality

Act (8 U.S.C. 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.

117 Stat. 595.

Citizenship.

PUBLIC LAW 108–199—JAN. 23, 2004 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. The Secretary of State shall provide to a member

of the Committee on Appropriations of the Senate or the Committee

on Appropriations of the House of Representatives a copy of each

cable sent to or by a Department of State employee that pertains

to any topic specified by the requesting member, regardless of

the level of classification of the cable, not later than 15 days

after the date on which the member makes a written or verbal

request for such copies.

This title may be cited as the ‘‘Department of State and Related

Agency Appropriations Act, 2004’’.

TITLE V—RELATED AGENCIES

ANTITRUST MODERNIZATION COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Antitrust Modernization Commission, as authorized by Public Law 107–273, $1,200,000, to remain

available until expended.

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For expenses for the Commission for the Preservation of America’s Heritage Abroad, $496,000, as authorized by section 1303

of Public Law 99–83.

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,096,000: Provided, That not to exceed $50,000 may be used to employ consultants:

Provided further, That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals

under Schedule C of the Excepted Service exclusive of one special

assistant for each Commissioner: Provided further, That none of

the funds appropriated in this paragraph shall be used to reimburse

Commissioners for more than 75 billable days, with the exception

of the chairperson, who is permitted 125 billable days.

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on

International Religious Freedom, as authorized by title II of the

International Religious Freedom Act of 1998 (Public Law 105–

292), $3,000,000, to remain available until expended.

Records.

Deadline.

118 STAT. 88 PUBLIC LAW 108–199—JAN. 23, 2004

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and

Cooperation in Europe, as authorized by Public Law 94–304,

$1,615,000, to remain available until expended as authorized by

section 3 of Public Law 99–7.

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $1,800,000,

including not more than $3,000 for the purpose of official representation, to remain available until expended: Provided, That $300,000

shall be for the Political Prisoners Registry.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity

Commission as authorized by title VII of the Civil Rights Act

of 1964 (29 U.S.C. 206(d) and 621–634), the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including

services as authorized by 5 U.S.C. 3109; hire of passenger motor

vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards

to private citizens; and not to exceed $33,000,000 for payments

to State and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, sections

6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the Civil Rights Act of

1991, $328,400,000: Provided, That the Commission is authorized

to make available for official reception and representation expenses

not to exceed $2,500 from available funds.

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications

Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed

$600,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed

$4,000 for official reception and representation expenses; purchase

and hire of motor vehicles; special counsel fees; and services as

authorized by 5 U.S.C. 3109, $273,958,000: Provided, That

$272,958,000 of offsetting collections shall be assessed and collected

pursuant to section 9 of title I of the Communications Act of

1934, shall be retained and used for necessary expenses in this

appropriation, and shall remain available until expended: Provided

further, That the sum herein appropriated shall be reduced as

such offsetting collections are received during fiscal year 2004 so

as to result in a final fiscal year 2004 appropriation estimated

at $1,000,000: Provided further, That any offsetting collections

PUBLIC LAW 108–199—JAN. 23, 2004 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

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission,

including uniforms or allowances therefor, as authorized by 5 U.S.C.

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception

and representation expenses, $186,041,000, to remain available

until expended: Provided, That not to exceed $300,000 shall be

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

services in accordance with the terms of 31 U.S.C. 3718: Provided

further, That, notwithstanding any other provision of law, not to exceed $112,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino

Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless

of the year of collection, shall be retained and used for necessary

expenses in this appropriation: Provided further, That $23,100,000

in offsetting collections derived from fees sufficient to implement

and enforce the Telemarketing Sales Rule, promulgated under the

Telephone Consumer Fraud and Abuse Prevention Act (15 U.S.C.

6101 et seq.), shall be credited to this account, and be retained

and used for necessary expenses in this appropriation: Provided

further, That the sum herein appropriated from the general fund

shall be reduced as such offsetting collections are received during

fiscal year 2004, so as to result in a final fiscal year 2004 appropriation from the general fund estimated at not more than $50,941,000:

Provided further, That none of the funds made available to the

Federal Trade Commission may be used to enforce subsection (e)

of section 43 of the Federal Deposit Insurance Act (12 U.S.C.

1831t) or section 151(b)(2) of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 1831t note): Provided

further, That, not later than 60 days after the date of enactment

of this Act, the Federal Trade Commission shall amend the Telemarketing Sales Rule to require telemarketers subject to the Telemarketing Sales Rule to obtain from the Federal Trade Commission

the list of telephone numbers on the ‘‘do-not-call’’ registry once

a month.

HELP COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the HELP Commission, $3,000,000,

to remain available until expended.

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out

the purposes of the Legal Services Corporation Act of 1974,

Deadline.

Telemarketers.

Records.

118 STAT. 90 PUBLIC LAW 108–199—JAN. 23, 2004

$338,848,000, of which $317,471,000 is for basic field programs

and required independent audits; $2,600,000 is for the Office of

Inspector General, of which such amounts as may be necessary

may be used to conduct additional audits of recipients; $13,300,000

is for management and administration; $2,977,000 is for client

self-help and information technology; and $2,500,000 is for grants

to offset losses due to census adjustments.

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services

Corporation shall be expended for any purpose prohibited or limited

by, or contrary to any of the provisions of, sections 501, 502,

503, 504, 505, and 506 of Public Law 105–119, and all funds

appropriated in this Act to the Legal Services Corporation shall

be subject to the same terms and conditions set forth in such

sections, except that all references in sections 502 and 503 to

1997 and 1998 shall be deemed to refer instead to 2003 and 2004,

respectively, and except that section 501(a)(1) of Public Law 104–

134 (110 Stat. 1321–51, et seq.) shall not apply to the use of

the $2,500,000 to address loss of funding due to Census-based

reallocations.

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

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

NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

For necessary expenses of the National Veterans Business

Development Corporation as authorized under section 33(a) of the

Small Business Act, $2,000,000, to remain available until expended.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange

Commission, including services as authorized by 5 U.S.C. 3109,

the rental of space (to include multiple year leases) in the District

of Columbia and elsewhere, and not to exceed $3,000 for official

reception and representation expenses, $811,500,000; of which not

to exceed $10,000 may be used toward funding a permanent secretariat for the International Organization of Securities Commissions;

and of which not to exceed $100,000 shall be available for expenses

for consultations and meetings hosted by the Commission with

foreign governmental and other regulatory officials, members of

their delegations, appropriate representatives and staff to exchange

views concerning developments relating to securities matters,

development and implementation of cooperation agreements concerning securities matters and provision of technical assistance

for the development of foreign securities markets, such expenses

to include necessary logistic and administrative expenses and the

expenses of Commission staff and foreign invitees in attendance

at such consultations and meetings including: (1) such incidental

expenses as meals taken in the course of such attendance; (2)

PUBLIC LAW 108–199—JAN. 23, 2004 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

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small

Business Administration as authorized by Public Law 105–135,

including hire of passenger motor vehicles as authorized by 31

U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception

and representation expenses, $325,750,000: Provided, That the

Administrator is authorized to charge fees to cover the cost of

publications developed by the Small Business Administration, and

certain loan servicing activities: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities

shall be credited to this account, to be available for carrying out

these purposes without further appropriations: Provided further,

That $89,000,000 shall be available to fund grants for performance

in fiscal year 2004 or fiscal year 2005 as authorized.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

$13,000,000.

BUSINESS LOANS PROGRAM ACCOUNT

For the cost of direct loans, $1,910,000, to be available until

expended; and for the cost of guaranteed loans, $79,132,000, as

authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain

available until September 30, 2005: Provided, That such costs,

including the cost of modifying such loans, shall be as defined

in section 502 of the Congressional Budget Act of 1974: Provided

further, That during fiscal year 2004 commitments to guarantee

loans under section 503 of the Small Business Investment Act

of 1958, shall not exceed $4,500,000,000: Provided further, That

during fiscal year 2004 commitments for general business loans

authorized under section 7(a) of the Small Business Act, shall

not exceed $10,000,000,000 without prior notification of the Committees on Appropriations of the House of Representatives and Senate

in accordance with section 605 of this Act: Provided further, That

118 STAT. 92 PUBLIC LAW 108–199—JAN. 23, 2004

during fiscal year 2004 commitments to guarantee loans for debentures and participating securities under section 303(b) of the Small

Business Investment Act of 1958, shall not exceed the levels established by section 20(i)(1)(C) of the Small Business Act.

In addition, for administrative expenses to carry out the direct

and guaranteed loan programs, $128,000,000, which may be transferred to and merged with the appropriations for Salaries and

Expenses.

DISASTER LOANS PROGRAM ACCOUNT

For the cost of direct loans authorized by section 7(b) of the

Small Business Act, $56,188,000, to remain available until

expended: Provided, That such costs, including the cost of modifying

such loans, shall be as defined in section 502 of the Congressional

Budget Act of 1974.

In addition, for administrative expenses to carry out the direct

loan program, $114,363,000, which may be transferred to and

merged with appropriations for Salaries and Expenses, of which

$500,000 is for the Office of Inspector General of the Small Business

Administration for audits and reviews of disaster loans and the

disaster loan program and shall be transferred to and merged

with appropriations for the Office of Inspector General; of which

$105,363,000 is for direct administrative expenses of loan making

and servicing to carry out the direct loan program; and of which

$8,500,000 is for indirect administrative expenses: Provided, That

any amount in excess of $8,500,000 to be transferred to and merged

with appropriations for Salaries and Expenses for indirect administrative expenses shall be treated as a reprogramming of funds

under section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.

ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

Not to exceed 5 percent of any appropriation made available

for the current fiscal year for the Small Business Administration

in this Act may be transferred between such appropriations, but

no such appropriation shall be increased by more than 10 percent

by any such transfers: Provided, That any transfer pursuant to

this paragraph shall be treated as a reprogramming of funds under

section 605 of this Act and shall not be available for obligation

or expenditure except in compliance with the procedures set forth

in that section.

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public

Law 102–572), $2,250,000: Provided, That not to exceed $2,500

shall be available for official reception and representation expenses.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 93

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic

and Security Review Commission, $2,000,000.

TITLE VI—GENERAL PROVISIONS

(INCLUDING RESCISSIONS)

SEC. 601. No part of any appropriation contained in this Act

shall be used for publicity or propaganda purposes not authorized

by the Congress.

SEC. 602. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 603. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

such expenditures are a matter of public record and available

for public inspection, except where otherwise provided under

existing law, or under existing Executive order issued pursuant

to existing law.

SEC. 604. If any provision of this Act or the application of

such provision to any person or circumstances shall be held invalid,

the remainder of the Act and the application of each provision

to persons or circumstances other than those as to which it is

held invalid shall not be affected thereby.

SEC. 605. (a) None of the funds provided under this Act, or

provided under previous appropriations Acts to the agencies funded

by this Act that remain available for obligation or expenditure

in fiscal year 2004, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure through a reprogramming of funds that: (1) creates

new programs; (2) eliminates a program, project, or activity; (3)

increases funds or personnel by any means for any project or

activity for which funds have been denied or restricted; (4) relocates

an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any

functions or activities presently performed by Federal employees;

unless the Appropriations Committees of both Houses of Congress

are notified 15 days in advance of such reprogramming of funds.

(b) None of the funds provided under this Act, or provided

under previous appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in fiscal

year 2004, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

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

expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects

(including construction projects), or activities; (2) reduces by 10

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

numbers of personnel by 10 percent as approved by Congress;

or (3) results from any general savings from a reduction in personnel

Notifications.

Contracts.

Public

information.

118 STAT. 94 PUBLIC LAW 108–199—JAN. 23, 2004

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

or projects as approved by Congress; unless the Appropriations

Committees of both Houses of Congress are notified 15 days in

advance of such reprogramming of funds.

SEC. 606. None of the funds made available in this Act may

be used for the construction, repair (other than emergency repair),

overhaul, conversion, or modernization of vessels for the National

Oceanic and Atmospheric Administration in shipyards located outside of the United States.

SEC. 607. If it has been finally determined by a court or Federal

agency that any person intentionally affixed a label bearing a

‘‘Made in America’’ inscription, or any inscription with the same

meaning, to any product sold in or shipped to the United States

that is not made in the United States, the person shall be ineligible

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title

48, Code of Federal Regulations.

SEC. 608. None of the funds made available in this Act may

be used to implement, administer, or enforce any guidelines of

the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal

entity or official to which such funds are made available that

such guidelines do not differ in any respect from the proposed

guidelines published by the Commission on October 1, 1993 (58

Fed. Reg. 51266).

SEC. 609. None of the funds appropriated or otherwise made

available by this Act or any other Act may be used to implement,

enforce, or otherwise abide by the Memorandum of Agreement

signed by the Federal Trade Commission and the Antitrust Division

of the Department of Justice on March 5, 2002.

SEC. 610. None of the funds made available by this Act may

be used for any United Nations undertaking when it is made

known to the Federal official having authority to obligate or expend

such funds that: (1) the United Nations undertaking is a peacekeeping mission; (2) such undertaking will involve United States

Armed Forces under the command or operational control of a foreign

national; and (3) the President’s military advisors have not submitted to the President a recommendation that such involvement

is in the national security interests of the United States and the

President has not submitted to the Congress such a recommendation.

SEC. 611. The Departments of Commerce, Justice, and State,

the Judiciary and the Small Business Administration shall provide

to the Committees on Appropriations of the Senate and of the

House of Representatives a quarterly accounting of the cumulative

balances of any unobligated funds that were received by such agency

during any previous fiscal year.

SEC. 612. (a) None of the funds appropriated or otherwise

made available by this Act shall be expended for any purpose

for which appropriations are prohibited by section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1999.

(b) The requirements in subparagraphs (A) and (B) of section

609 of that Act shall continue to apply during fiscal year 2004.

SEC. 613. Any costs incurred by a department or agency funded

under this Act resulting from personnel actions taken in response

Applicability.

Records.

United Nations.

Religious

harassment.

PUBLIC LAW 108–199—JAN. 23, 2004 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. None of the funds provided by this Act shall be

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country

of restrictions on the marketing of tobacco or tobacco products,

except for restrictions which are not applied equally to all tobacco

or tobacco products of the same type.

SEC. 616. (a) None of the funds appropriated or otherwise

made available by this Act shall be expended for any purpose

for which appropriations are prohibited by section 616 of the Departments of Commerce, Justice, and State, the Judiciary, and Related

Agencies Appropriations Act, 1999.

(b) The requirements in subsections (b) and (c) of section 616

of that Act shall continue to apply during fiscal year 2004.

SEC. 617. (a) None of the funds appropriated pursuant to this

Act or any other provision of law may be used for—

(1) the implementation of any tax or fee in connection

with the implementation of subsection 922(t) of title 18, United

States Code; and

(2) any system to implement subsection 922(t) of title 18,

United States Code, that does not require and result in the

destruction of any identifying information submitted by or on

behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24

hours after the system advises a Federal firearms licensee

that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922

of title 18, United States Code, or State law.

(b) Subsection (a)(2) shall take effect not later than 180 days

after enactment of this Act.

SEC. 618. Notwithstanding any other provision of law, amounts

deposited or available in the Fund established under 42 U.S.C.

42 USC 10601

note.

Effective date.

Firearms.

Applicability.

Tobacco and

tobacco products.

118 STAT. 96 PUBLIC LAW 108–199—JAN. 23, 2004

10601 in any fiscal year in excess of $625,000,000 shall not be

available for obligation until the following fiscal year.

SEC. 619. None of the funds made available to the Department

of Justice in this Act may be used to discriminate against or

denigrate the religious or moral beliefs of students who participate

in programs for which financial assistance is provided from those

funds, or of the parents or legal guardians of such students.

SEC. 620. None of the funds appropriated or otherwise made

available to the Department of State shall be available for the

purpose of granting either immigrant or nonimmigrant visas, or

both, consistent with the determination of the Secretary of State

under section 243(d) of the Immigration and Nationality Act, to

citizens, subjects, nationals, or residents of countries that the Secretary of Homeland Security has determined deny or unreasonably

delay accepting the return of citizens, subjects, nationals, or residents under that section.

SEC. 621. For additional amounts under the heading ‘‘Small

Business Administration, Salaries and Expenses’’, $1,592,000 shall

be available for the Advanced and Applied Polymer Processing

Institute; $500,000 shall be available for Northeast South Dakota

Tech-Based Skills Development; $750,000 shall be available for

the Southern Methodist University Law School Rule of Law;

$1,000,000 shall be available for the Accelerated Entrepreneur

‘‘AcE’’ Program; $500,000 shall be available for the National Mass

Fatalities Institute; $1,000,000 shall be available for the Textile

Tracers Program; $500,000 shall be available for the Maryland

Technology-Based Rural Business Incubation Initiative; $1,000,000

shall be available for the Northeast Indiana Innovation Center;

$750,000 shall be available for the Lewis and Clark Bicentennial

Bi-State Safety Project; $1,000,000 shall be available for the Greenville Automotive Research Park; $1,000,000 shall be available for

the Indiana University Kokomo Business Incubator; $1,593,000

shall be available for the Tuck School of Business for its partnership

with the Minority Business Development Administration; $500,000

shall be available for Project Restore; $325,000 shall be available

for the School of the Building Arts Trade Program; $500,000 shall

be available for the South Carolina Export Consortium; $500,000

shall be available for the Freewoods Farm Living Farm Museum

in Horry County, South Carolina; $1,590,000 shall be available

for the Alaska InvestNet/Technology Venture Center and Tech

Ranch in Montana; $1,000,000 shall be available for Youth and

Family with Promises; $500,000 shall be available for the Wisconsin

Procurement Institute; $1,000,000 shall be available for the Next

Generation Economy Initiative; $1,000,000 shall be available for

the Westside Intercept Project; $250,000 shall be available for the

International Trade Data Network; $1,000,000 shall be available

for the University of Missouri-St. Louis Information Technology

Incubator Project; $750,000 shall be available for the Idaho Virtual

Incubator/Lewis-Clark State College; $850,000 shall be available

for the UNI Student Business Incubator; $1,500,000 shall be available for the promotion and operation of the grant to the Adelante

Development Center, Inc., in Albuquerque, New Mexico; $250,000

shall be available for the Mississippi Delta Technology Council;

$2,250,000 shall be available for a grant to the Virginia Community

College System (VCCS) for improvement of distance learning programs; $175,000 shall be available for a grant to the Loudoun

Convention and Visitors Association in Virginia; $100,000 shall

Discrimination.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 98 PUBLIC LAW 108–199—JAN. 23, 2004

Providence, Rhode Island Center for Women and Enterprise for

infrastructure development; $1,200,000 shall be available for a

grant for Northwest Shoals Community College to establish a

Center for Business and Industry; $950,000 shall be available for

a grant to the Family and Children’s Service in Minneapolis, Minnesota for community support and development programs;

$1,000,000 shall be available for a grant to the Wisconsin Procurement Institute to develop an electronic based system to provide

access and opportunity to Federal funding; $200,000 shall be for

a grant to the National Association of Development Organizations

Research Foundation to provide training and education assistance

to small business development finance professionals; $750,000 shall

be for a grant to the North Carolina Rural Economic Development

Center for expenses and activities in support of the Capital Access

Program; $500,000 shall be for a grant for the Women’s Initiative

for Self Employment in San Francisco, California; $400,000 shall

be for a grant to Johnstown Area Regional Industries in Pennsylvania for workforce development training programs and Small Business Technology Centers; $400,000 shall be for a grant to Seton

Hill University for expenses in support of the Virtual Entrepreneurial Center; $200,000 shall be for a grant to the Economic

Growth Connection Paperless Procurement Program; $200,000 shall

be for a grant for the Ridgewood Myrtle Avenue Business Improvement District to conduct a redevelopment study; $400,000 shall

be for a grant to Progress, Inc., to establish a Community Technology Center; $150,000 shall be for a grant for UPROSE for the

‘‘Sunset Youth Industries’’ project; $415,000 shall be available for

a grant to the Southern and Eastern Kentucky Tourism Development Association for continuation of a regional tourism promotion

initiative; and $300,000 shall be for the Arthur Avenue Retail

Market in the Bronx, New York, for facility, improvement, and

maintenance needs to meet the Market’s business requirements:

Provided, That section 625 of title I of division B of Public Law

108–7 is amended with respect to a grant of: (1) $450,000 to the

Bronx Council on the Arts by 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. None of the funds made available to the Department

of Justice in this Act may be used for the purpose of transporting

an individual who is a prisoner pursuant to conviction for crime

under State or Federal law and is classified as a maximum or

high security prisoner, other than to a prison or other facility

certified by the Federal Bureau of Prisons as appropriately secure

for housing such a prisoner.

SEC. 623. (a) None of the funds appropriated by this Act may

be used by Federal prisons to purchase cable television services,

to rent or purchase videocassettes, videocassette recorders, or other

audiovisual or electronic equipment used primarily for recreational

purposes.

(b) The preceding sentence does not preclude the renting,

maintenance, or purchase of audiovisual or electronic equipment

for inmate training, religious, or educational programs.

SEC. 624. A Deputy Assistant Administrator for non-contiguous

States and territories shall, through the Senior Executive Service,

Government

organization.

Prisons and

prisoners.

Prisons and

prisoners.

117 Stat. 103.

PUBLIC LAW 108–199—JAN. 23, 2004 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. The Departments of Commerce, Justice, State, the

Judiciary, and the Small Business Administration shall each establish a policy under which eligible employees may participate in

telecommuting to the maximum extent possible without diminished

employee performance: Provided, That, not later than 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 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 section: Provided further, That

each Department or agency shall designate a ‘‘Telework Coordinator’’ to be responsible for overseeing the implementation of telecommuting programs and serve as a point of contact on such programs for the Committees on Appropriations.

SEC. 628. The paragraph under the heading ‘‘Small Business

Administration—Disaster Loans Program Account’’ in chapter 2

of division B of Public Law 107–117 is amended by inserting ‘‘or

section 7(b) of the Small Business Act’’ after ‘‘September 11, 2001’’.

SEC. 629. The Telecommunications Act of 1996 is amended

as follows—

(1) in section 202(c)(1)(B) by striking ‘‘35 percent’’ and

inserting ‘‘39 percent’’;

(2) in section 202(c) by adding the following new paragraphs

at the end:

‘‘(3) DIVESTITURE.—A person or entity that exceeds the

39 percent national audience reach limitation for television

stations in paragraph (1)(B) through grant, transfer, or assignment of an additional license for a commercial television broadcast station shall have not more than 2 years after exceeding

such limitation to come into compliance with such limitation.

This divestiture requirement shall not apply to persons or

entities that exceed the 39 percent national audience reach

limitation through population growth.

Broadcasting.

110 Stat. 110.

47 USC 303 note.

115 Stat. 2297.

Establishment.

Deadline.

Reports.

Deadline.

Telecommunicating.

5 USC 6120 note.

118 STAT. 100 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(4) FORBEARANCE.—Section 10 of the Communications Act

of 1934 (47 U.S.C. 160) shall not apply to any person or entity

that exceeds the 39 percent national audience reach limitation

for television stations in paragraph (1)(B);’’; and

(3) in section 202(h) by striking ‘‘biennially’’ and inserting

‘‘quadrennially’’ and by adding the following new flush sentence

at the end:

‘‘This subsection does not apply to any rules relating to the 39

percent national audience reach limitation in subsection (c)(1)(B).’’.

SEC. 630. (a) Tracing studies conducted by the Bureau of

Alcohol, Tobacco, Firearms, and Explosives are released without

adequate disclaimers regarding the limitations of the data.

(b) The Bureau of Alcohol, Tobacco, Firearms, and Explosives

shall include in all such data releases, language similar to the

following that would make clear that trace data cannot be used

to draw broad conclusions about firearms-related crime:

(1) Firearm traces are designed to assist law enforcement

authorities in conducting investigations by tracking the sale

and possession of specific firearms. Law enforcement agencies

may request firearms traces for any reason, and those reasons

are not necessarily reported to the Federal Government. Not

all firearms used in crime are traced and not all firearms

traced are used in crime.

(2) Firearms selected for tracing are not chosen for purposes

of determining which types, makes or models of firearms are

used for illicit purposes. The firearms selected do not constitute

a random sample and should not be considered representative

of the larger universe of all firearms used by criminals, or

any subset of that universe. Firearms are normally traced

to the first retail seller, and sources reported for firearms

traced do not necessarily represent the sources or methods

by which firearms in general are acquired for use in crime.

SEC. 631. Section 503(f) of the Small Business Investment

Act of 1958 (15 U.S.C. 697(f)) shall be amended by substituting

‘‘March 15, 2004’’ for the last date that appears in the subsection.

SEC. 632. In addition to amounts otherwise appropriated in

this Act, the unobligated balances previously made available by

section 507(g) of Public Law 105–135 shall be available until

expended for the cost of general business loans under section 7(a)

of the Small Business Act.

SEC. 633. (a) There is established in the Treasury of the United

States a trust fund to be known as the International Center for

Middle Eastern-Western Dialogue Trust Fund. The income from

the fund shall be used for operations of the International Center

for Middle Eastern-Western Dialogue to promote dialogue and scholarship in the Middle East. The fund may accept contributions

and gifts from public and private sources.

(b) It shall be the duty of the Secretary of the Treasury to

invest in full amounts made available to the fund. Such investments

may be made only in interest-bearing obligations of the United

States or in obligations guaranteed as to both principal and interest

by the United States. The interest on, and the proceeds from the

sale or redemption of, any obligations held in the fund shall be

credited to and form a part of the fund and shall remain available

without fiscal year limitation.

(c) For each fiscal year, there is authorized to be appropriated

from the fund for the operations of the International Center for

22 USC 2078.

110 Stat. 110.

PUBLIC LAW 108–199—JAN. 23, 2004 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 EasternWestern Dialogue established under this section.

(e) The United States, through the Department of State, shall

retain ownership of the Palazzo Corpi building in Istanbul, Turkey,

and the Secretary of State shall be responsible for maintaining

the International Center for Middle Eastern-Western Dialogue at

such location.

(f) Section 1321(a) of title 31, United States Code, is amended

by inserting after ‘‘(58) Inmates’ fund, workhouse and reformatory,

District of Columbia.’’ the following new paragraph:

‘‘(59) International Center for Middle Eastern-Western Dialogue Trust Fund.’’.

SEC. 634. None of the funds appropriated or otherwise made

available under this Act may be used to issue patents on claims

directed to or encompassing a human organism.

SEC. 635. None of the funds made available in this Act may

be used to pay expenses for any United States delegation to the

United Nations Human Rights Commission if such commission

is chaired or presided over by a country, the government of which

the Secretary of State has determined, for purposes of section

6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.

2405(j)(1)), has repeatedly provided support for acts of international

terrorism.

SEC. 636. None of the funds made available in this Act may

be used in violation of section 212(a)(10)(C) of the Immigration

and Nationality Act.

SEC. 637. (a) This section may be cited as the ‘‘HELP Commission Act’’.

(b)(1) The Congress finds that, despite the long-standing efforts

and resources of the United States dedicated to helping needy

people around the world, despair remains and in many areas is

growing.

(2) Therefore, a commission should be established to bring

together the best minds associated with development and humanitarian assistance to make a comprehensive review of—

(A) policy decisions, including why certain development

projects are funded and others are not, successes, and best

practices, including their applicability to other existing programs and projects;

(B) delivery obstacles, including the roles of United States

agencies and other governmental and nongovernmental

organizations;

(C) methodology, including whether the delivery of United

States development assistance always represents best practices

and whether it can be improved; and

(D) results, including measuring improvements in human

capacity instead of in purely economic terms.

(3) An examination of these issues should present new

approaches and ideas to ensure that United States development

assistance reaches and benefits its intended recipients.

HELP

Commission Act.

22 USC 2394b.

Turkey.

118 STAT. 102 PUBLIC LAW 108–199—JAN. 23, 2004

(c)(1) There is established the Helping to Enhance the Livelihood of People (HELP) Around the Globe Commission (in this

section referred to as the ‘‘Commission’’).

(2) The Commission shall—

(A) identify the past and present objectives of United States

development assistance, identify cases in which those objectives

have been met, identify the beneficiaries of such assistance,

and what percentage of the funds provided actually reached

the intended beneficiaries;

(B) identify cases in which United States development

assistance has been most successful, and analyze how such

successes may be transferable to other countries or areas;

(C) study ways to expand educational opportunities and

investments in people, and assess infrastructure needs;

(D) analyze how the United States could place conditions

on governments in countries receiving United States development assistance, in light of and notwithstanding the objectives

of the Millennium Challenge Account;

(E) analyze ways in which the United States can coordinate

its development assistance programs with those of other donor

countries and international organizations;

(F) analyze ways in which the safety of development assistance workers can be ensured, particularly in the midst of

conflicts;

(G) compare the effectiveness of increased and open trade

with development assistance, and analyze the advantages and

disadvantages of such trade and whether such trade could

be a more effective alternative to United States development

assistance;

(H) analyze ways in which the United States can

strengthen the capacity of indigenous nongovernmental

organizations to be more effective in grassroots development;

(I) analyze ways in which decisions on providing development assistance can involve more of the people of the recipient

countries;

(J) analyze ways in which results can be measured if United

States development assistance is targeted to the least developed

countries;

(K) recommend standards that should be set for ‘‘graduating’’ recipient countries from United States development

assistance;

(L) analyze whether United States development assistance

should be used as a means to achieve United States foreign

policy objectives;

(M) analyze how the United States can evaluate the

performance of its development assistance programs not only

against economic indicators, but in other ways, including how

to measure the success of United States development assistance

in democratization efforts; and evaluate the existing foreign

assistance framework to ascertain the degree of coordination,

or lack thereof, of the disparate foreign development programs

as administered by the various Federal agencies, to identify

and assess the redundancies of programs and organizational

structures engaged in foreign assistance, and to recommend

revisions to authorizing legislation for foreign assistance that

would seek to reconcile competing foreign policy and foreign

aid goals; and

Establishment.

PUBLIC LAW 108–199—JAN. 23, 2004 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) The appointments under paragraph (1) shall be made not

later than 60 days after the date of the enactment of this section.

(5) The President shall designate one of the members of the

Commission not currently in Government service as the Chair of

the Commission.

(6) In order to facilitate the workload of the Commission, the

Commission shall divide the membership of the Commission into

three subcommittees representing the different regions of the world

to which the United States provides development assistance, the

membership of each subcommittee to be proportional to the percentage of United States development assistance provided to the region

represented by the subcommittee. Each subcommittee shall elect

one of its members as Chair of the subcommittee.

(7)(A) Eleven members of the Commission shall constitute a

quorum for purposes of transacting the business of the Commission.

The Commission shall meet at the call of the Chair.

(B) A majority of the members of each regional subcommittee

shall constitute a quorum for purposes of transacting the business

of the subcommittee. Each subcommittee shall meet at the call

of the Chair of the subcommittee.

(8) Any vacancy of the Commission shall not affect its powers,

but shall be filled in the manner in which the original appointment

was made.

(9) The Administrator of General Services shall provide to

the Commission on a reimbursable basis (or, in the discretion

of the Administrator, on a nonreimbursable basis) such administrative support services as the Commission may request to carry

out this section.

(10)(A) Subject to subparagraph (B), members of the Commission shall serve without pay.

(B) Members of the Commission who are full-time officers or

employees of the United States or Members of Congress may not

receive additional pay, allowances, or benefits by reason of their

service on the Commission.

President.

Deadline.

118 STAT. 104 PUBLIC LAW 108–199—JAN. 23, 2004

(11) Members of the Commission shall be allowed travel

expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57

of title 5, United States Code, while away from their homes or

regular places of business in the performance of services for the

Commission.

(12)(A) The Chairman of the Commission may, without regard

to the civil service laws and regulations, appoint and terminate

an executive director and such other additional personnel as may

be necessary to enable the Commission to perform its duties. The

employment of an executive director shall be subject to confirmation

by the Commission.

(B) To the extent or in the amounts provided in advance in

appropriations Acts—

(i) the executive director shall be compensated at the rate

payable for level V of the Executive Schedule under section

5316 of title 5, United States Code; and

(ii) the Chairman of the Commission may fix the compensation of other personnel without regard to the provisions of

chapter 51 and subchapter III of chapter 53 of title 5, United

States Code, relating to classification of positions and General

Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the

Executive Schedule under section 5316 of such title.

(e)(1) The Commission may, for the purpose of carrying out

its functions under this section, hold hearings, sit and act at times

and places in the United States and in countries that receive

United States development assistance, take testimony, and receive

evidence as the Commission considers advisable to carry out the

purposes of this section.

(2) The Commission may secure directly from any Federal

department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon

request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission,

subject to applicable law.

(3) The Commission may use the United States mails in the

same manner and under the same conditions as other departments

and agencies of the Federal Government.

(4) The Commission may adopt such rules and regulations,

relating to administrative procedure, as may be reasonably necessary to enable it to carry out the provisions of this section.

(5) The Members of the Commission may, with the approval

of the Commission, conduct such travel as is necessary to carry

out the purposes of this section. Each trip must be approved by

a majority of the Commission.

(6) Upon the request of the Commission, the head of any

Federal department or agency may detail, on a reimbursable or

nonreimbursable basis, any of the personnel of that department

or agency to the Commission to assist it in carrying out its functions

under this section. The detail of any such personnel shall be without

interruption or loss of civil service or Foreign Service status or

privilege.

(f)(1) Not later than 2 years after the members of the Commission are appointed under subsection (d)(1), the Commission shall

Deadline.

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 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) The Commission shall terminate 30 days after the submission of its report under subsection (f).

(k)(1) Not later than April 1, 2004, and April 1 of each third

year thereafter, the President shall transmit to the Congress a

report that analyzes, on a country-by-country basis, the impact

and effectiveness of United States economic assistance furnished

to each country during the preceding 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.

Deadlines.

Reports.

Termination.

118 STAT. 106 PUBLIC LAW 108–199—JAN. 23, 2004

(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.

PUBLIC LAW 108–199—JAN. 23, 2004 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

WORKING CAPITAL FUND

(RESCISSION)

Of the unobligated balances available under this heading,

$67,326,000 are rescinded.

COUNTERTERRORISM FUND

(RESCISSION)

Of the unobligated balances available under this heading,

$40,000,000 are rescinded.

LEGAL ACTIVITIES

ASSET FORFEITURE FUND

(RESCISSION)

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

FEDERAL PRISON SYSTEM

BUILDINGS AND FACILITIES

(RESCISSION)

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

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

(RESCISSION)

Of the unobligated balances available under this heading,

$21,600,000 are rescinded.

118 STAT. 108 PUBLIC LAW 108–199—JAN. 23, 2004

COMMUNITY ORIENTED POLICING SERVICES

(RESCISSION)

Of the unobligated balances available under this heading,

$6,378,000 are rescinded.

JUVENILE JUSTICE PROGRAMS

(RESCISSION)

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

DEPARTMENT OF COMMERCE AND RELATED AGENCIES

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

(RESCISSION)

Of the appropriations made available for travel and tourism

by section 210 of Public Law 108–7, $40,000,000 are rescinded.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COASTAL AND OCEAN ACTIVITIES

(RESCISSION)

Of the appropriations made available for coastal and ocean

activities by Public Law 106–553, $2,500,000 are rescinded.

TITLE VIII—ALASKAN FISHERIES

SEC. 801. BERING SEA AND ALEUTIAN ISLANDS CRAB RATIONALIZATION. Section 313 of the Magnuson-Stevens Fishery Conservation

and Management Act (16 U.S.C. 1801 et seq.), as amended, is

further amended by adding at the end thereof the following:

‘‘(j) BERING SEA AND ALEUTIAN ISLANDS CRAB RATIONALIZATION.—

‘‘(1) By not later than January 1, 2005, the Secretary

shall approve and hereafter implement by regulation the Voluntary Three-Pie Cooperative Program for crab fisheries of

the Bering Sea and Aleutian Islands approved by the North

Pacific Fishery Management Council between June 2002 and

April 2003, and all trailing amendments including those

reported to Congress on May 6, 2003. This section shall not

preclude the Secretary from approving by January 1, 2005,

and implementing any subsequent program amendments

approved by the Council.

‘‘(2) Notwithstanding any other provision of this Act, in

carrying out paragraph (1) the Secretary shall approve all

parts of the Program referred to in such paragraph. Further,

no part of such Program may be implemented if, as approved

by the North Pacific Fishery Management Council, individual

fishing quotas, processing quotas, community development

Deadline.

16 USC 1862.

PUBLIC LAW 108–199—JAN. 23, 2004 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) The provisions of sections 308, 310, and 311 shall

apply to the processing facilities and fish products of any person

Applicability.

118 STAT. 110 PUBLIC LAW 108–199—JAN. 23, 2004

holding individual processing quota, and the provisions of subparagraphs (D), (E), and (L) of section 307(l) shall apply to

any facility owned or controlled by a person holding individual

processing quota.’’.

SEC. 802. GULF OF ALASKA ROCKFISH DEMONSTRATION PRO- GRAM. The Secretary of Commerce, in consultation with the North

Pacific Fishery Management Council, shall establish a pilot program

that recognizes the historic participation of fishing vessels (1996

to 2002, best 5 of 7 years) and historic participation of fish processors (1996 to 2000, best 4 of 5 years) for pacific ocean perch,

northern rockfish, and pelagic shelf rockfish harvested in Central

Gulf of Alaska. Such a pilot program shall: (1) provide for a setaside of up to 5 percent for the total allowable catch of such

fisheries for catcher vessels not eligible to participate in the pilot

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. 803. ALEUTIAN ISLANDS FISHERIES DEVELOPMENT. (a)

ALEUTIAN ISLANDS POLLOCK ALLOCATION.—Effective January 1,

2004 and thereafter, the directed pollock fishery in the Aleutian

Islands Subarea [AI] of the BSAI (as defined in 50 CFR 679.2)

shall be allocated to the Aleut Corporation (incorporated pursuant

to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et

seq.)). Except with the permission of the Aleut Corporation or

its authorized agent, the fishing or processing of any part of such

allocation shall be prohibited by section 307 of the MagnusonStevens 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

Effective date.

16 USC 1851

note.

Establishment.

16 USC 1851

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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 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

District of

Columbia

Appropriations

Act, 2004.

118 STAT. 112 PUBLIC LAW 108–199—JAN. 23, 2004

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

PUBLIC LAW 108–199—JAN. 23, 2004 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

(INCLUDING TRANSFER OF FUNDS)

For salaries and expenses, including the transfer and hire

of motor vehicles, of the Court Services and Offender Supervision

Agency for the District of Columbia and the Public Defender Service

for the District of Columbia, as authorized by the National Capital

Revitalization and Self-Government Improvement Act of 1997,

$168,435,000, of which not to exceed $2,000 is for official reception

118 STAT. 114 PUBLIC LAW 108–199—JAN. 23, 2004

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.

PUBLIC LAW 108–199—JAN. 23, 2004 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 literacychallenged 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 webbased 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 agencyrequired mental health screenings, assessments and treatments

118 STAT. 116 PUBLIC LAW 108–199—JAN. 23, 2004

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.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 118 PUBLIC LAW 108–199—JAN. 23, 2004

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.

PUBLIC LAW 108–199—JAN. 23, 2004 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

(INCLUDING TRANSFERS OF FUNDS)

Public education system, including the development of national

defense education programs, $1,157,841,000 (including $962,941,000

from local funds, $156,708,000 from Federal grant funds,

$27,074,000 from other funds, $4,302,000 from private funds, and

not to exceed $6,816,000, to remain available until expended, from

the Medicaid and Special Education Reform Fund established

pursuant to the Medicaid and Special Education Reform Fund

Establishment Act of 2002 (D.C. Law 14–190; D.C. Official Code

4–204.51 et seq.)), in addition, $17,000,000 from funds previously

appropriated in this Act under the heading ‘‘Federal Payment for

Resident Tuition Support’’, $4,500,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for Public

School Facilities’’, and $26,000,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for School

Improvement in the District of Columbia’’ to be allocated as follows:

(1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.—$870,135,000

(including $738,444,000 from local funds, $114,749,000 from

Federal grant funds, $6,527,000 from other funds, $3,599,000

from private funds, and not to exceed $6,816,000, to remain

available until expended, from the Medicaid and Special Education Reform Fund established pursuant to the Medicaid and

Special Education Reform Fund Establishment Act of 2002

118 STAT. 120 PUBLIC LAW 108–199—JAN. 23, 2004

(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

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 122 PUBLIC LAW 108–199—JAN. 23, 2004

shall be available from this appropriation for official reception

and representation expenses.

(5) DISTRICT OF COLUMBIA PUBLIC LIBRARIES.—$28,287,000

(including $26,750,000 from local funds, $1,000,000 from Federal grant funds, and $537,000 from other funds) shall be

available for the District of Columbia Public Libraries: Provided, That not to exceed $2,000 for the Public Librarian shall

be available from this appropriation for official reception and

representation expenses.

(6) COMMISSION ON THE ARTS AND HUMANITIES.—$2,476,000

(including $1,601,000 from local funds, $475,000 from Federal

grant funds, and $400,000 from other funds) shall be available

for the Commission on the Arts and Humanities.

HUMAN SUPPORT SERVICES

(INCLUDING TRANSFER OF FUNDS)

Human support services, $2,360,067,000 (including $1,030,223,000 from local funds, $1,247,945,000 from Federal grant

funds, $24,330,000 from other funds, $9,330,000 from private funds,

and $48,239,000, to remain available until expended, from the

Medicaid and Special Education Reform Fund established pursuant

to the Medicaid and Special Education Reform Fund Establishment

Act of 2002 (D.C. Law 14–190; D.C. Official Code 4–204.51 et

seq.)), in addition, $7,500,000 from funds previously appropriated

in this Act under the heading ‘‘Federal Payment for Hospital Bioterrorism Preparedness in the District of Columbia’’ and $12,900,000

from funds previously appropriated in this Act under the heading

‘‘Federal Payment to Foster Care Improvements in the District

of Columbia’’: Provided, That the funds available from the Medicaid

and Special Education Reform Fund are allocated as follows: not

more than $18,744,000 for Child and Family Services, not more

than $7,795,000 for the Department of Human Services, and not

more than $21,700,000 for the Department of Mental Health: Provided further, That $27,959,000 of this appropriation, to remain

available until expended, shall be available solely for District of

Columbia employees’ disability compensation: Provided further, That $7,500,000 of this appropriation, to remain available until

expended, shall be deposited in the Addiction Recovery Fund, established pursuant to section 5 of the Choice in Drug Treatment

Act of 2000 (D.C. Law 13–146; D.C. Official Code, sec. 7–3004)

and used exclusively for the purpose of the Drug Treatment Choice

Program established pursuant to section 4 of the Choice in Drug

Treatment Act of 2000 (D.C. Law 13–146; D.C. Official Code, sec.

7–3003): Provided further, That no less than $2,000,000 of this

appropriation shall be available exclusively for the purpose of

funding the pilot substance abuse program for youth ages 14

through 21 years established pursuant to section 4212 of the Pilot

Substance Abuse Program for Youth Act of 2001 (D.C. Law 14–

28; D.C. Official Code, sec. 7–3101): Provided further, That

$4,500,000 of this appropriation, to remain available until expended,

shall be deposited in the Interim Disability Assistance Fund established pursuant to section 201 of the District of Columbia Public

Assistance Act of 1982 (D.C. Law 4–101; D.C. Official Code, sec.

4–202.01), to be used exclusively for the Interim Disability Assistance program and the purposes for that program set forth in section

407 of the District of Columbia Public Assistance Act of 1982

PUBLIC LAW 108–199—JAN. 23, 2004 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.

118 STAT. 124 PUBLIC LAW 108–199—JAN. 23, 2004

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-YouGo 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.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 126 PUBLIC LAW 108–199—JAN. 23, 2004

the Congress and to the Council of the District of Columbia a

quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further, That the District of Columbia

Retirement Board shall provide the Mayor, for transmittal to the

Council of the District of Columbia, an itemized accounting of

the planned use of appropriated funds in time for each annual

budget submission and the actual use of such funds in time for

each annual audited financial report.

WASHINGTON CONVENTION CENTER ENTERPRISE FUND

For the Washington Convention Center Enterprise Fund,

$69,742,000 from other funds.

NATIONAL CAPITAL REVITALIZATION CORPORATION

For the National Capital Revitalization Corporation, $7,849,000

from other funds.

CAPITAL OUTLAY

(INCLUDING RESCISSIONS)

For construction projects, an increase of $1,004,796,000, of which $601,708,000 shall be from local funds, $46,014,000 from

Highway Trust funds, $38,311,000 from the Rights-of-way funds,

$218,880,000 from Federal grant funds, and a rescission of

$99,884,000 from local funds appropriated under this heading in

prior fiscal years, for a net amount of $904,913,000, to remain

available until expended; in addition, $8,150,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for Capital Development in the District of Columbia’’ and

$5,000,000 from funds previously appropriated in this Act under

the heading ‘‘Federal Payment for the Anacostia Waterfront Initiative’’: Provided, That funds for use of each capital project implementing agency shall be managed and controlled in accordance

with all procedures and limitations established under the Financial

Management System: Provided further, That all funds provided

by this appropriation title shall be available only for the specific

projects and purposes intended.

TITLE III—DC SCHOOL CHOICE

INCENTIVE ACT OF 2003

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘DC School Choice Incentive

Act of 2003’’.

SEC. 302. FINDINGS.

The Congress finds the following:

(1) Parents are best equipped to make decisions for their

children, including the educational setting that will best serve

the interests and educational needs of their child.

(2) For many parents in the District of Columbia, public

school choice provided for under the No Child Left Behind

Act of 2001 as well as under other public school choice programs, is inadequate due to capacity constraints. Available

DC School Choice

Incentive Act of

2003.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 128 PUBLIC LAW 108–199—JAN. 23, 2004

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;

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 130 PUBLIC LAW 108–199—JAN. 23, 2004

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

PUBLIC LAW 108–199—JAN. 23, 2004 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:

118 STAT. 132 PUBLIC LAW 108–199—JAN. 23, 2004

(A) A comparison of the academic achievement of

participating eligible students in the measurements

described in this section to the achievement of—

(i) students in the same grades in the District

of Columbia public schools; and

(ii) the eligible students in the same grades in

the District of Columbia public schools who sought

to participate in the scholarship program but were

not selected.

(B) The success of the programs in expanding choice

options for parents.

(C) The reasons parents choose for their children to

participate in the programs.

(D) A comparison of the retention rates, dropout rates,

and (if appropriate) graduation and college admission rates,

of students who participate in the programs funded under

this title with the retention rates, dropout rates, and (if

appropriate) graduation and college admission rates of students of similar backgrounds who do not participate in

such programs.

(E) The impact of the program on students, and public

elementary schools and secondary schools, in the District

of Columbia.

(F) A comparison of the safety of the schools attended

by students who participate in the programs and the

schools attended by students who do not participate in

the programs.

(G) Such other issues as the Secretary considers appropriate for inclusion in the evaluation.

(5) PROHIBITION.—Personally identifiable information

regarding the results of the measurements used for the evaluations may not be disclosed, except to the parents of the student

to whom the information relates.

(b) REPORTS.—The Secretary shall submit to the Committees

on Appropriations, Education and the Workforce, and Government

Reform of the House of Representatives and the Committees on

Appropriations, Health, Education, Labor, and Pensions, and

Governmental Affairs of the Senate—

(1) annual interim reports, not later than December 1

of each year for which a grant is made under this title, on

the progress and preliminary results of the evaluation of the

programs funded under this title; and

(2) a final report, not later than 1 year after the final

year for which a grant is made under this title, on the results

of the evaluation of the programs funded under this title.

(c) PUBLIC AVAILABILITY.—All reports and underlying data gathered pursuant to this section shall be made available to the public

upon request, in a timely manner following submission of the

applicable report under subsection (b), except that personally identifiable information shall not be disclosed or made available to the

public.

(d) LIMIT ON AMOUNT EXPENDED.—The amount expended by

the Secretary to carry out this section for any fiscal year may

not exceed 3 percent of the total amount appropriated to carry

out this title for the fiscal year.

Deadlines.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 134 PUBLIC LAW 108–199—JAN. 23, 2004

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

PUBLIC LAW 108–199—JAN. 23, 2004 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,

118 STAT. 136 PUBLIC LAW 108–199—JAN. 23, 2004

unless the Committee on Appropriations of the House of Representatives and Senate are notified in writing 30 days in advance of

the reprogramming.

(b) None the local funds contained in this Act may be available

for obligation or expenditure for an agency through a transfer

of any local funds from one appropriation heading to another unless

the Committees on Appropriations of the House of Representatives

and Senate are notified in writing 30 days in advance of the

transfer, except that in no event may the amount of any funds

transferred exceed 4 percent of the local funds in the appropriations.

SEC. 409. Consistent with the provisions of section 1301(a)

of title 31, United States Code, appropriations under this Act shall

be applied only to the objects for which the appropriations were

made except as otherwise provided by law.

SEC. 410. Notwithstanding any other provisions of law, the

provisions of the District of Columbia Government Comprehensive

Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official Code,

sec. 1–601.01 et seq.), enacted pursuant to section 422(3) of the

District of Columbia Home Rule Act (D.C. Official Code, sec. 1–

204l.22(3)), shall apply with respect to the compensation of District

of Columbia employees: Provided, That for pay purposes, employees

of the District of Columbia government shall not be subject to

the provisions of title 5, United States Code.

SEC. 411. No later than 30 days after the end of the first

quarter of fiscal year 2004, the Mayor of the District of Columbia

shall submit to the Council of the District of Columbia and the

Committees on Appropriations of the House of Representatives and

Senate the new fiscal year 2004 revenue estimates as of the end

of such quarter. These estimates shall be used in the budget request

for fiscal year 2005. The officially revised estimates at midyear

shall be used for the midyear report.

SEC. 412. No sole source contract with the District of Columbia

government or any agency thereof may be renewed or extended

without opening that contract to the competitive bidding process

as set forth in section 303 of the District of Columbia Procurement

Practices Act of 1985 (D.C. Law 6–85; D.C. Official Code, sec.

2–303.03), except that the District of Columbia government or any

agency thereof may renew or extend sole source contracts for which

competition is not feasible or practical, but only if the determination

as to whether to invoke the competitive bidding process has been

made in accordance with duly promulgated rules and procedures

and has been reviewed and certified by the Chief Financial Officer

of the District of Columbia.

SEC. 413. (a) In the event a sequestration order is issued

pursuant to the Balanced Budget and Emergency Deficit Control

Act of 1985 after the amounts appropriated to the District of

Columbia for the fiscal year involved have been paid to the District

of Columbia, the Mayor of the District of Columbia shall pay to

the Secretary of the Treasury, within 15 days after receipt of

a request therefor from the Secretary of the Treasury, such amounts

as are sequestered by the order: Provided, That the sequestration

percentage specified in the order shall be applied proportionately

to each of the Federal appropriation accounts in this Act that

are not specifically exempted from sequestration by such Act.

(b) For purposes of the Balanced Budget and Emergency Deficit

Control Act of 1985, the term ‘‘program, project, and activity’’ shall

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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. 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

Abortions.

118 STAT. 138 PUBLIC LAW 108–199—JAN. 23, 2004

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.

PUBLIC LAW 108–199—JAN. 23, 2004 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. 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

Reports.

118 STAT. 140 PUBLIC LAW 108–199—JAN. 23, 2004

consultation with the Court Services and Offender Supervision

Agency for the District of Columbia;

(4) education, including access to special education services

and student achievement to be provided in consultation with

the District of Columbia Public Schools and the District of

Columbia public charter schools;

(5) improvement in basic District services, including rat

control and abatement;

(6) application for and management of Federal grants,

including the number and type of grants for which the District

was eligible but failed to apply and the number and type

of grants awarded to the District but for which the District

failed to spend the amounts received; and

(7) indicators of child well-being.

SEC. 426. No later than 30 calendar days after the date of

the enactment of this Act, the Chief Financial Officer of the District

of Columbia shall submit to the appropriate committees of Congress,

the Mayor, and the Council of the District of Columbia a revised

appropriated funds operating budget in the format of the budget

that the District of Columbia government submitted pursuant to

section 442 of the District of Columbia Home Rule Act (D.C. Official

Code, sec. 1–204.42), for all agencies of the District of Columbia

government for fiscal year 2003 that is in the total amount of

the approved appropriation and that realigns all budgeted data

for personal services and other-than-personal-services, respectively,

with anticipated actual expenditures.

SEC. 427. None of the funds contained in this Act may be

used to issue, administer, or enforce any order by the District

of Columbia Commission on Human Rights relating to docket numbers 93–030–(PA) and 93–031–(PA).

SEC. 428. None of the Federal funds made available in this

Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a

transfer made by, or transfer authority provided in, this Act or

any other appropriation Act.

SEC. 429. During fiscal year 2004 and any subsequent fiscal

year, in addition to any other authority to pay claims and judgments, any department, agency, or instrumentality of the District

government may use local funds to pay the settlement or judgment

of a claim or lawsuit in an amount less than $10,000, in accordance

with the Risk Management for Settlements and Judgments Amendment Act of 2000 (D.C. Law 13–172; D.C. Official Code, sec. 2–

402).

SEC. 430. Notwithstanding any other law, the District of

Columbia Courts shall transfer to the general treasury of the District of Columbia all fines levied and collected by the Courts under

section 10(b)(1) and (2) of the District of Columbia Traffic Act

(D.C. Official Code, sec. 50–2201.05(b)(1) and (2)). The transferred

funds shall remain available until expended and shall be used

by the Office of the Corporation Counsel for enforcement and

prosecution of District traffic alcohol laws in accordance with section

10(b)(3) of the District of Columbia Traffic Act (D.C. Official Code,

sec. 50–2201.05(b)(3)).

SEC. 431. During fiscal year 2004 and any subsequent fiscal

year, any agency of the District government may transfer to the

Office of Labor Relations and Collective Bargaining (OLRCB) such

local funds as may be necessary to pay for representation by OLRCB

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

118 STAT. 142 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(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’’.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 143

DIVISION D—FOREIGN 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, That notwithstanding

section 1(c) of Public Law 103–428, as amended, sections 1(a) and

(b) of Public Law 103–428 shall remain in effect through October

1, 2004.

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger

motor vehicles and services as authorized by 5 U.S.C. 3109, and

not to exceed $30,000 for official reception and representation

expenses for members of the Board of Directors, $72,895,000: Provided, That the Export-Import Bank may accept, and use, payment

or services provided by transaction participants for legal, financial,

or technical services in connection with any transaction for which

an application for a loan, guarantee or insurance commitment has

been made: Provided further, That, notwithstanding subsection (b)

of section 117 of the Export Enhancement Act of 1992, subsection

(a) thereof shall remain in effect until October 1, 2004.

12 USC 635a

note.

12 USC 635 note.

Foreign

Operations,

Export

Financing, and

Related

Programs

Appropriations

Act, 2004.

118 STAT. 144 PUBLIC LAW 108–199—JAN. 23, 2004

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized

to make, without regard to fiscal year limitations, as provided

by 31 U.S.C. 9104, such expenditures and commitments within

the limits of funds available to it and in accordance with law

as may be necessary: Provided, That the amount available for

administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation

expenses which shall not exceed $35,000) shall not exceed

$41,385,000: Provided further, That project-specific transaction

costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided

to specific investors or potential investors pursuant to section 234

of the Foreign Assistance Act of 1961, shall not be considered

administrative expenses for the purposes of this heading.

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $24,000,000, as

authorized by section 234 of the Foreign Assistance Act of 1961,

to be derived by transfer from the Overseas Private Investment

Corporation Non-Credit Account: Provided, That such costs,

including the cost of modifying such loans, shall be as defined

in section 502 of the Congressional Budget Act of 1974: Provided

further, That such sums shall be available for direct loan obligations

and loan guaranty commitments incurred or made during fiscal

years 2004 and 2005: Provided further, That such sums shall remain

available through fiscal year 2012 for the disbursement of direct

and guaranteed loans obligated in fiscal year 2004, and through

fiscal year 2013 for the disbursement of direct and guaranteed

loans obligated in fiscal year 2005.

In addition, such sums as may be necessary for administrative

expenses to carry out the credit program may be derived from

amounts available for administrative expenses to carry out the

credit and insurance programs in the Overseas Private Investment

Corporation Noncredit Account and merged with said account.

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section

661 of the Foreign Assistance Act of 1961, $50,000,000, to remain

available until September 30, 2005.

TITLE II—BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out

the provisions of the Foreign Assistance Act of 1961, and for other

purposes, to remain available until September 30, 2004, unless

otherwise specified herein, as follows:

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 145

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapters

1 and 10 of part I of the Foreign Assistance Act of 1961, for

child survival, health, and family planning/reproductive health

activities, in addition to funds otherwise available for such purposes,

$1,835,000,000, to remain available until September 30, 2005: Provided, That this amount shall be made available for such activities

as: (1) immunization programs; (2) oral rehydration programs; (3)

health, nutrition, water and sanitation programs which directly

address the needs of mothers and children, and related education

programs; (4) assistance for children displaced or orphaned by

causes other than AIDS; (5) programs for the prevention, treatment,

control of, and research on HIV/AIDS, tuberculosis, polio, malaria,

and other infectious diseases, and for assistance to communities

severely affected by HIV/AIDS, including children displaced or

orphaned by AIDS; and (6) family planning/reproductive health:

Provided further, That none of the funds appropriated under this

heading may be made available for nonproject assistance, except

that funds may be made available for such assistance for ongoing

health activities: Provided further, That of the funds appropriated under this heading, not to exceed $250,000, in addition to funds

otherwise available for such purposes, may be used to monitor

and provide oversight of child survival, maternal and family planning/reproductive health, and infectious disease programs: Provided

further, That the following amounts should be allocated as follows:

$330,000,000 for child survival and maternal health; $28,000,000

for vulnerable children; $516,500,000 for HIV/AIDS including not

less than $22,000,000 which should be made available to support

the development of microbicides as a means for combating HIV/

AIDS; $185,000,000 for other infectious diseases; and $375,500,000

for family planning/reproductive health, including in areas where

population growth threatens biodiversity or endangered species:

Provided further, That of the funds appropriated under this heading,

and in addition to funds allocated under the previous proviso,

not less than $400,000,000 shall be made available, notwithstanding

any other provision of law, except for the United States Leadership

Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (117

Stat. 711; 22 U.S.C. 1701 et seq.) as amended by section 595

of this Act, for a United States contribution to the Global Fund

to Fight AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’), and

shall be expended at the minimum rate necessary to make timely

payment for projects and activities: Provided further, That of the

funds appropriated under this heading that are available for HIV/

AIDS programs and activities, not less than $26,000,000 should

be made available for the International AIDS Vaccine Initiative

and not less than $26,000,000 should be made available for a

United States contribution to UNAIDS: Provided further, That of

the funds appropriated under this heading, $60,000,000 should

be made available for a United States contribution to The Vaccine

Fund, and up to $6,000,000 may be transferred to and merged

with funds appropriated by this Act under the heading ‘‘Operating

Expenses of the United States Agency for International Development’’ for costs directly related to international health, but funds

118 STAT. 146 PUBLIC LAW 108–199—JAN. 23, 2004

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

PUBLIC LAW 108–199—JAN. 23, 2004 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.

DEVELOPMENT ASSISTANCE

For necessary expenses of the United States Agency for International Development to carry out the provisions of sections 103,

105, 106, and 131, and chapter 10 of part I of the Foreign Assistance

Act of 1961, $1,385,000,000, of which up to $150,000,000 may

remain available until September 30, 2005: Provided, That none

of the funds appropriated under title II of this Act that are managed

by or allocated to the United States Agency for International

Development’s Global Development Secretariat, may be made available except through the regular notification procedures of the

Committees on Appropriations: Provided further, That $190,000,000

should be allocated for trade capacity building: Provided further, That $235,000,000 should be allocated for basic education: Provided

further, That of the funds appropriated under this heading and

managed by the United States Agency for International Development Bureau of Democracy, Conflict, and Humanitarian Assistance,

not less than $11,000,000 shall be made available only for programs

to improve women’s leadership capacity in recipient countries: Provided further, That such funds may not be made available for

construction: Provided further, That of the funds appropriated under

this heading that are made available for assistance programs for

displaced and orphaned children and victims of war, not to exceed

$32,500, in addition to funds otherwise available for such purposes,

may be used to monitor and provide oversight of such programs:

Provided further, That of the aggregate amount of the funds appropriated by this Act that are made available for agriculture and

rural development programs, $25,000,000 should be made available

for plant biotechnology research and development: Provided further, That not less than $2,300,000 should be made available for core

support for the International Fertilizer Development Center: Provided further, That of the funds appropriated under this heading, not less than $19,000,000 should be made available for the American Schools and Hospitals Abroad program: Provided further, That

of the funds appropriated under this heading, not less than

$10,000,000, in addition to other funds available under this heading

for assistance for Mexico, should be made available for programs

and activities in rural Mexico to promote microfinance, small business development, energy and environmental conservation, and private property ownership in rural communities, and to support small

farmers who have been affected by adverse economic conditions:

118 STAT. 148 PUBLIC LAW 108–199—JAN. 23, 2004

Provided further, That funds made available pursuant to the previous proviso shall be subject to the regular notification procedures

of the Committees on Appropriations: Provided further, That of

the funds appropriated by this Act, $100,000,000 shall be made

available for drinking water supply projects and related activities.

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For necessary expenses of the United States Agency for International Development to carry out the provisions of section 491

of the Foreign Assistance Act of 1961, as amended for international

disaster relief, rehabilitation, and reconstruction assistance,

$235,500,000, to remain available until expended.

In addition, for necessary expenses for assistance for famine

prevention and relief, including for mitigation of the effects of

famine, $20,000,000, to remain available until expended: Provided,

That such funds shall be made available utilizing the general

authorities of section 491 of the Foreign Assistance Act of 1961,

and shall be in addition to amounts otherwise available for such

purposes: Provided further, That funds appropriated by this paragraph shall be available for obligation subject to prior consultation

with the Committees on Appropriations.

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation

and reconstruction assistance pursuant to section 491 of the Foreign

Assistance Act of 1961, $55,000,000, to remain available until

expended, to support transition to democracy and to long-term

development of countries in crisis: Provided, That such support

may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure,

and foster the peaceful resolution of conflict: Provided further, That

the United States Agency for International Development shall

submit a report to the Committees on Appropriations at least 5

days prior to beginning a new program of assistance: Provided

further, That if the President determines that is important to the

national interests of the United States to provide transition assistance in excess of the amount appropriated under this heading,

up to $15,000,000 of the funds appropriated by this Act to carry

out the provisions of part I of the Foreign Assistance Act of 1961

may be used for purposes of this heading and under the authorities

applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso

shall be made available subject to prior consultation with the

Committees on Appropriations.

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans and loan guarantees provided by

the United States Agency for International Development, as authorized by sections 108 and 635 of the Foreign Assistance Act of

1961, funds may be derived by transfer from funds appropriated

by this Act to carry out part I of such Act and under the heading

‘‘Assistance for Eastern Europe and the Baltic States’’: Provided,

That such funds shall not exceed $21,000,000, which shall be made

PUBLIC LAW 108–199—JAN. 23, 2004 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.

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the ‘‘Foreign Service Retirement and Disability

Fund’’, as authorized by the Foreign Service Act of 1980,

$43,859,000.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of section

667 of the Foreign Assistance Act of 1961, $604,100,000, of which

up to $25,000,000 may remain available until September 30, 2005:

Provided, That none of the funds appropriated under this heading

and under the heading ‘‘Capital Investment Fund’’ may be made

available to finance the construction (including architect and

engineering services), purchase, or long term lease of offices for

use by the United States Agency for International Development,

unless the Administrator has identified such proposed construction

(including architect and engineering services), purchase, or long

term lease of offices in a report submitted to the Committees

on Appropriations at least 15 days prior to the obligation of these

funds for such purposes: Provided further, That the previous proviso

shall not apply where the total cost of construction (including

architect and engineering services), purchase, or long term lease

of offices does not exceed $1,000,000: Provided further, That contracts or agreements entered into with funds appropriated under

this heading may entail commitments for the expenditure of such

funds through fiscal year 2005: Provided further, That in addition

not to exceed $15,000,000 shall be derived by transfer from the

‘‘Iraq Relief and Reconstruction Fund’’ (Public Law 108–11) to support the United States Agency for International Development mission in Iraq: Provided further, That none of the funds in this

Act may be used to open a new overseas mission of the United

States Agency for International Development without the prior

written notification of the Committees on Appropriations: Provided

further, That the authority of sections 610 and 109 of the Foreign

Assistance Act of 1961 may be exercised by the Secretary of State

118 STAT. 150 PUBLIC LAW 108–199—JAN. 23, 2004

to transfer funds appropriated to carry out chapter 1 of part I

of such Act to ‘‘Operating Expenses of the United States Agency

for International Development’’ in accordance with the provisions

of those sections: Provided further, That during fiscal year 2004,

the number of full-time equivalent positions for United States foreign service employees of the United States Agency for International

Development for countries in the Latin America and Caribbean

region shall not be reduced below the number for such employees

for countries in that region as of September 30, 2003, except as

provided through the regular notification procedures of the Committees on Appropriations.

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related

costs, and for the procurement and enhancement of information

technology and related capital investments, pursuant to section

667 of the Foreign Assistance Act of 1961, $82,200,000, to remain

available until expended: Provided, That this amount is in addition

to funds otherwise available for such purposes: Provided further,

That the Administrator of the United States Agency for International Development shall assess fair and reasonable rental payments for the use of space by employees of other United States

Government agencies in buildings constructed using funds appropriated under this heading, and such rental payments shall be

deposited into this account as an offsetting collection: Provided

further, That the rental payments collected pursuant to the previous

proviso and deposited as an offsetting collection shall be available

for obligation only pursuant to the regular notification procedures

of the Committees on Appropriations: Provided further, That the

assignment of United States Government employees or contractors

to space in buildings constructed using funds appropriated under

this heading shall be subject to the concurrence of the Administrator

of the United States Agency for International Development: Provided further, That funds appropriated under this heading shall

be available for obligation only pursuant to the regular notification

procedures of the Committees on Appropriations.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section

667 of the Foreign Assistance Act of 1961, $35,000,000, to remain

available until September 30, 2005, which sum shall be available

for the Office of the Inspector General of the United States Agency

for International Development.

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapter

4 of part II, $2,132,500,000, to remain available until September

30, 2005: Provided, That of the funds appropriated under this

heading, not less than $480,000,000 shall be available only for

Israel, which sum shall be available on a grant basis as a cash

transfer and shall be disbursed within 30 days of the enactment

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 152 PUBLIC LAW 108–199—JAN. 23, 2004

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, nonfood aid such as blankets, medicine, fuel, mobile clinics, water

drilling equipment, communications equipment to notify civilians

of aerial bombardment, non-military vehicles, tents, and shoes:

Provided further, That of the funds appropriated under this heading,

not less than $1,750,000 should be made available for East Asia

and Pacific Environment Initiatives: Provided further, That of the

funds appropriated under this heading, $5,000,000 shall be made

available to continue to support the provision of wheelchairs for

needy persons in developing countries: Provided further, That funds

appropriated under this heading that are made available for a

Middle East Financing Facility, Middle East Enterprise Fund, or

any other similar entity in the Middle East shall be subject to

the regular notification procedures of the Committees on Appropriations: Provided further, That with respect to funds appropriated

under this heading in this Act or prior Acts making appropriations

for foreign operations, export financing, and related programs, the

responsibility for policy decisions and justifications for the use

of such funds, including whether there will be a program for a

country that uses those funds and the amount of each such program,

shall be the responsibility of the Secretary of State and the Deputy

Secretary of State and this responsibility shall not be delegated:

Provided further, That of the funds appropriated in Public Law

108–106 under the heading ‘‘Iraq Relief and Reconstruction Fund’’,

up to $100,000,000 may be transferred to and consolidated with

funds appropriated by this Act under this heading and made available for Turkey, and up to $30,000,000 may be transferred to

and consolidated with funds appropriated by this Act under this

heading and made available for the Middle East Partnership Initiative: Provided further, That funds appropriated under this heading

shall be made available for programs and countries in the amounts

contained in the table accompanying the joint explanatory statement of the managers accompanying this Act: Provided further,

That any proposed increases or decreases to the amounts contained

in such table shall be subject to the regular notification procedures

of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961 and notifications shall be transmitted

at least 15 days in advance of the obligation of funds.

INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $18,500,000,

which shall be available for the United States contribution to the

International Fund for Ireland and shall be made available in

accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): Provided, That such amount

shall be expended at the minimum rate necessary to make timely

payment for projects and activities: Provided further, That funds

made available under this heading shall remain available until

September 30, 2005.

GLOBAL HIV/AIDS INITIATIVE

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

PUBLIC LAW 108–199—JAN. 23, 2004 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.

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

(a) For necessary expenses to carry out the provisions of the

Foreign Assistance Act of 1961 and the Support for East European

Democracy (SEED) Act of 1989, $445,000,000, to remain available

until September 30, 2005, which shall be available, notwithstanding

any other provision of law, for assistance and for related programs

for Eastern Europe and the Baltic States: Provided, That of the

funds appropriated under this heading that are made available

for assistance for Bulgaria, $2,000,000 should be made available

to enhance safety at nuclear power plants: Provided further, That

of the funds appropriated under this heading, and under the

headings ‘‘Assistance for the Independent States of the Former

Soviet Union’’, ‘‘Foreign Military Financing Program’’, and ‘‘Economic Support Fund’’, not less than $53,500,000 shall be made

available for programs for the prevention, treatment, and control

of, and research on, HIV/AIDS, tuberculosis, and malaria: Provided

further, That of the funds appropriated under this heading that are made available for Montenegro, not less than $12,000,000 shall

be made available for economic development and environmental

programs in the coastal region: Provided further, That of the funds

appropriated under this heading, up to $1,000,000 should be made

available for a program to promote greater understanding and

interaction among youth in Albania, Kosovo, Montenegro and Macedonia: Provided further, That funds appropriated under this

heading shall be made available for programs and countries in

the amounts contained in the table accompanying the joint explanatory statement of the managers accompanying this Act: Provided

further, That any proposed increases or decreases to the amounts

contained in such table shall be subject to the regular notification

procedures of the Committees on Appropriations and section 634A

of the Foreign Assistance Act of 1961 and notifications shall be

transmitted at least 15 days in advance of the obligation of funds.

(b) Funds appropriated under this heading shall be considered

to be economic assistance under the Foreign Assistance Act of

1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance.

(c) With regard to funds appropriated under this heading for

the economic revitalization program in Bosnia and Herzegovina,

118 STAT. 154 PUBLIC LAW 108–199—JAN. 23, 2004

and local currencies generated by such funds (including the conversion of funds appropriated under this heading into currency used

by Bosnia and Herzegovina as local currency and local currency

returned or repaid under such program) the Administrator of the

United States Agency for International Development shall provide

written approval for grants and loans prior to the obligation and

expenditure of funds for such purposes, and prior to the use of

funds that have been returned or repaid to any lending facility

or grantee.

(d) The provisions of section 529 of this Act shall apply to

funds made available under subsection (c) and to funds appropriated

under this heading: Provided, That notwithstanding any provision

of this or any other Act, including provisions in this subsection

regarding the application of section 529 of this Act, local currencies

generated by, or converted from, funds appropriated by this Act

and by previous appropriations Acts and made available for the

economic revitalization program in Bosnia may be used in Eastern

Europe and the Baltic States to carry out the provisions of the

Foreign Assistance Act of 1961 and the Support for East European

Democracy (SEED) Act of 1989.

(e) The President is authorized to withhold funds appropriated

under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies

to the Committees on Appropriations that the Federation of Bosnia

and Herzegovina has not complied with article III of annex 1–

A of the General Framework Agreement for Peace in Bosnia and

Herzegovina concerning the withdrawal of foreign forces, and that

intelligence cooperation on training, investigations, and related

activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated.

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

(a) For necessary expenses to carry out the provisions of chapters 11 and 12 of part I of the Foreign Assistance Act of 1961

and the FREEDOM Support Act, for assistance for the Independent

States of the former Soviet Union and for related programs,

$587,000,000, to remain available until September 30, 2005: Provided, That the provisions of such chapters shall apply to funds

appropriated by this paragraph: Provided further, That of the funds

made available for the Southern Caucasus region, notwithstanding

any other provision of law, funds may be used for confidencebuilding 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 appro- priated 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

PUBLIC LAW 108–199—JAN. 23, 2004 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.);

118 STAT. 156 PUBLIC LAW 108–199—JAN. 23, 2004

(5) any financing provided under the Export-Import Bank

Act of 1945; or

(6) humanitarian assistance.

INDEPENDENT AGENCIES

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section

401 of the Foreign Assistance Act of 1969, $16,334,000, to remain

available until September 30, 2005.

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International

Security and Development Cooperation Act of 1980, Public Law

96–533, $18,689,000, to remain available until September 30, 2005:

Provided, That funds made available to grantees may be invested

pending expenditure for project purposes when authorized by the

board of directors of the Foundation: Provided further, That interest

earned shall be used only for the purposes for which the grant

was made: Provided further, That notwithstanding section 505(a)(2)

of the African Development Foundation Act, in exceptional circumstances the board of directors of the Foundation may waive

the $250,000 limitation contained in that section with respect to

a project: Provided further, That the Foundation shall provide a

report to the Committees on Appropriations after each time such

waiver authority is exercised.

PEACE CORPS

For necessary expenses to carry out the provisions of the Peace Corps Act (75 Stat. 612), $310,000,000, including the purchase

of not to exceed five passenger motor vehicles for administrative

purposes for use outside of the United States: Provided, That none

of the funds appropriated under this heading shall be used to

pay for abortions: Provided further, That funds appropriated under

this heading shall remain available until September 30, 2005: Provided further, That during fiscal year 2004 and any subsequent

fiscal year, the Director of the Peace Corps may make appointments

or assignments, or extend current appointments or assignments,

to permit United States citizens to serve for periods in excess

of 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.

MILLENNIUM CHALLENGE CORPORATION

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

22 USC 2506

note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 157

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

expenses.

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $241,700,000, to remain available until

September 30, 2006: Provided, That during fiscal year 2004, the

Department of State may also use the authority of section 608

of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United

States Government for the purpose of providing it to a foreign

country under chapter 8 of part I of that Act subject to the regular

notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, $12,000,000 should be made available for anti-trafficking in persons

programs, including trafficking prevention, protection and assistance for victims, and prosecution of traffickers: Provided further,

That the Secretary of State shall provide to the Committees on

Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all

funds under this heading on a country-by-country basis for each

proposed program, project, or activity: Provided further, That of

the funds appropriated under this heading, $7,105,000 should be

made available for the International Law Enforcement Academy

in Roswell, New Mexico, of which $2,105,000 should be made available for construction and completion of a new facility: Provided

further, That of the funds appropriated under this heading, not more than $26,117,000 may be available for administrative

expenses.

ANDEAN COUNTERDRUG INITIATIVE

For necessary expenses to carry out section 481 of the Foreign

Assistance Act of 1961 to support counterdrug activities in the

Andean region of South America, $731,000,000, to remain available

until September 30, 2006: Provided, That in fiscal year 2004, funds

available to the Department of State for assistance to the Government of Colombia shall be available to support a unified campaign

against narcotics trafficking, against activities by organizations designated as terrorist organizations such as the Revolutionary Armed

Forces of Colombia (FARC), the National Liberation Army (ELN),

and the United Self-Defense Forces of Colombia (AUC), and to

take actions to protect human health and welfare in emergency

circumstances, including undertaking rescue operations: Provided

further, That this authority shall cease to be effective if the Secretary of State has credible evidence that the Colombian Armed

Forces are not conducting vigorous operations to restore government

authority and respect for human rights in areas under the effective

control of paramilitary and guerrilla organizations: Provided further, That the President shall ensure that if any helicopter procured

with funds under this heading is used to aid or abet the operations

of any illegal self-defense group or illegal security cooperative, such

helicopter shall be immediately returned to the United States:

Provided further, That none of the funds appropriated by this

Deadline.

118 STAT. 158 PUBLIC LAW 108–199—JAN. 23, 2004

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 countryby-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

PUBLIC LAW 108–199—JAN. 23, 2004 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.

MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable

the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance

to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner

for Refugees, and other activities to meet refugee and migration

needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized

by sections 5921 through 5925 of title 5, United States Code;

purchase and hire of passenger motor vehicles; and services as

authorized by section 3109 of title 5, United States Code,

$760,197,000, which shall remain available until expended: Provided, That not more than $21,000,000 may be available for

administrative expenses: Provided further, That not less than

$50,000,000 of the funds made available under this heading shall

be made available for refugees from the former Soviet Union and

Eastern Europe and other refugees resettling in Israel: Provided

further, That funds appropriated under this heading may be made

available for a headquarters contribution to the International Committee of the Red Cross only if the Secretary of State determines

(and so reports to the appropriate committees of Congress) that

the Magen David Adom Society of Israel is not being denied participation in the activities of the International Red Cross and Red

Crescent Movement.

118 STAT. 160 PUBLIC LAW 108–199—JAN. 23, 2004

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section

2(c) of the Migration and Refugee Assistance Act of 1962, as

amended (22 U.S.C. 2601(c)), $30,000,000, to remain available until

expended: Provided, That funds made available under this heading

are appropriated notwithstanding the provisions contained in section 2(c)(2) of such Act which would limit the amount of funds

which could be appropriated for this purpose.

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $353,500,000, to

carry out the provisions of chapter 8 of part II of the Foreign

Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of

part II of the Foreign Assistance Act of 1961, section 504 of the

FREEDOM Support Act, section 23 of the Arms Export Control

Act or the Foreign Assistance Act of 1961 for demining activities,

the clearance of unexploded ordnance, the destruction of small

arms, and related activities, notwithstanding any other provision

of law, including activities implemented through nongovernmental

and international organizations, and section 301 of the Foreign

Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States

contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed

$30,000,000, to remain available until expended, may be made

available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds may also be used for such countries

other than the Independent States of the former Soviet Union

and international organizations when it is in the national security

interest of the United States to do so: Provided further, That funds

appropriated under this heading may be made available for the

International Atomic Energy Agency only if the Secretary of State

determines (and so reports to the Congress) that Israel is not

being denied its right to participate in the activities of that Agency:

Provided further, That funds available during fiscal year 2004 for

a contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission and that are not necessary to make the United

States contribution to the Commission in the amount assessed

for fiscal year 2004 shall be made available for a voluntary contribution to the International Atomic Energy Agency and shall remain

available until September 30, 2005: Provided further, That of the

funds made available for demining and related activities, not to

exceed $690,000, in addition to funds otherwise available for such

purposes, may be used for administrative expenses related to the

operation and management of the demining program: Provided

further, That the Secretary of State is authorized to provide, from

funds appropriated under this heading in this and subsequent Acts

making appropriations for foreign operations, export financing and

related programs, not to exceed $250,000 for public-private partnerships for mine action by grant, cooperative agreement, or contract:

Provided further, That funds appropriated under this heading shall

PUBLIC LAW 108–199—JAN. 23, 2004 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

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $19,000,000, to remain

available until September 30, 2006, which shall be available notwithstanding any other provision of law.

DEBT RESTRUCTURING

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

Budget Act of 1974, of modifying loans and loan guarantees, as

the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling,

reducing, or canceling amounts owed to the United States as a

result of concessional loans made to eligible countries, pursuant

to parts IV and V of the Foreign Assistance Act of 1961, and

of modifying concessional credit agreements with least developed

countries, as authorized under section 411 of the Agricultural Trade

Development and Assistance Act of 1954, as amended, and

concessional loans, guarantees and credit agreements, as authorized

under section 572 of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 1989 (Public Law 100–

461), and of canceling amounts owed, as a result of loans or guarantees made pursuant to the Export-Import Bank Act of 1945, by

countries that are eligible for debt reduction pursuant to title V

of H.R. 3425 as enacted into law by section 1000(a)(5) of Public

Law 106–113, $95,000,000, to remain available until September

30, 2006: Provided, That not less than $20,000,000 of the funds

appropriated under this heading shall be made available to carry

out the provisions of part V of the Foreign Assistance Act of 1961:

Provided further, That $75,000,000 of the funds appropriated under

this heading may be used by the Secretary of the Treasury to

pay to the Heavily Indebted Poor Countries (HIPC) Trust Fund

administered by the International Bank for Reconstruction and

Development amounts for the benefit of countries that are eligible

for debt reduction pursuant to title V of H.R. 3425 as enacted

into law by section 1000(a)(5) of Public Law 106–113: Provided

further, That amounts paid to the HIPC Trust Fund may be used

only to fund debt reduction under the enhanced HIPC initiative

by—

(1) the Inter-American Development Bank;

(2) the African Development Fund;

(3) the African Development Bank; and

(4) the Central American Bank for Economic Integration:

Provided further, That funds may not be paid to the HIPC Trust

Fund for the benefit of any country if the Secretary of State has

118 STAT. 162 PUBLIC LAW 108–199—JAN. 23, 2004

credible evidence that the government of such country is engaged

in a consistent pattern of gross violations of internationally recognized human rights or in military or civil conflict that undermines

its ability to develop and implement measures to alleviate poverty

and to devote adequate human and financial resources to that

end: Provided further, That on the basis of final appropriations,

the Secretary of the Treasury shall consult with the Committees

on Appropriations concerning which countries and international

financial institutions are expected to benefit from a United States

contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall inform

the Committees on Appropriations not less than 15 days in advance

of the signature of an agreement by the United States to make

payments to the HIPC Trust Fund of amounts for such countries

and institutions: Provided further, That the Secretary of the

Treasury may disburse funds designated for debt reduction through

the HIPC Trust Fund only for the benefit of countries that—

(1) have committed, for a period of 24 months, not to

accept new market-rate loans from the international financial

institution receiving debt repayment as a result of such

disbursement, other than loans made by such institutions to

export-oriented commercial projects that generate foreign

exchange which are generally referred to as ‘‘enclave’’ loans;

and

(2) have documented and demonstrated their commitment

to redirect their budgetary resources from international debt

repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those

previously available for such purposes:

Provided further, That any limitation of subsection (e) of section

411 of the Agricultural Trade Development and Assistance Act

of 1954 shall not apply to funds appropriated under this heading:

Provided further, That none of the funds made available under

this heading in this or any other appropriations Act shall be made

available for Sudan or Burma unless the Secretary of the Treasury

determines and notifies the Committees on Appropriations that

a democratically elected government has taken office.

TITLE III—MILITARY ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section

541 of the Foreign Assistance Act of 1961, $91,700,000, of which

up to $3,000,000 may remain available until expended: Provided,

That the civilian personnel for whom military education and

training may be provided under this heading may include civilians

who are not members of a government whose participation would

contribute to improved civil-military relations, civilian control of

the military, or respect for human rights: Provided further, That

funds appropriated under this heading for military education and

training for Guatemala may only be available for expanded international military education and training, and funds made available

for Algeria, Cambodia, Nigeria and Guatemala may only be provided

through the regular notification procedures of the Committees on

Appropriations.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 163

FOREIGN MILITARY FINANCING PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for grants to enable the President to

carry out the provisions of section 23 of the Arms Export Control

Act, $4,294,000,000: Provided, That of the funds appropriated under this heading, not less than $2,160,000,000 shall be available for

grants only for Israel, and not less than $1,300,000,000 shall be

made available for grants only for Egypt: Provided further, That

the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further,

That to the extent that the Government of Israel requests that

funds be used for such purposes, grants made available for Israel

by this paragraph shall, as agreed by Israel and the United States,

be available for advanced weapons systems, of which not less than

$568,000,000 shall be available for the procurement in Israel of

defense articles and defense services, including research and

development: Provided further, That of the funds appropriated by this paragraph, $206,000,000 should be made available for assistance for Jordan: Provided further, That of the funds appropriated by this paragraph, $17,000,000 may be transferred to and merged

with funds appropriated under the heading ‘‘Andean Counterdrug

Initiative’’ and made available for aircraft and related assistance

for the Colombian National Police: Provided further, That funds

appropriated by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control

Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with

paragraph (5)(C) of 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

118 STAT. 164 PUBLIC LAW 108–199—JAN. 23, 2004

for procurement of defense articles, defense services or design and

construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That

funds appropriated under this heading shall be expended at the

minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $40,500,000

of the funds appropriated under this heading may be obligated

for necessary expenses, including the purchase of passenger motor

vehicles for replacement only for use outside of the United States,

for the general costs of administering military assistance and sales:

Provided further, That not more than $361,000,000 of funds realized

pursuant to section 21(e)(1)(A) of the Arms Export Control Act

may be obligated for expenses incurred by the Department of

Defense during fiscal year 2004 pursuant to section 43(b) of the

Arms Export Control Act, except that this limitation may be

exceeded only through the regular notification procedures of the

Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt

during fiscal year 2004 shall be transferred to an interest bearing

account for Egypt in the Federal Reserve Bank of New York within

30 days of enactment of this Act.

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section

551 of the Foreign Assistance Act of 1961, $74,900,000: Provided,

That none of the funds appropriated under this heading shall be

obligated or expended except as provided through the regular

notification procedures of the Committees on Appropriations.

TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For the United States contribution for the Global Environment

Facility, $139,240,000 to the International Bank for Reconstruction

and Development as trustee for the Global Environment Facility,

by the Secretary of the Treasury, to remain available until

expended.

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by

the Secretary of the Treasury, $913,200,000, to remain available

until expended: Provided, That the Secretary of the Treasury shall

work to ensure that the World Bank provides for an independent

entity, such as a private auditing firm, to conduct and make publicly

available an external performance audit which verifies whether

the IDA–13 Spring 2004 performance targets have been met: Provided further, That any further incentive contribution for additional

contributions for IDA–13 regarding such targets shall be made

only after the Secretary of the Treasury has reviewed and considered carefully the findings of any such independent external audit.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 165

CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE

AGENCY

For payment to the Multilateral Investment Guarantee Agency

by the Secretary of the Treasury, $1,124,000, for the United States

paid-in share of the increase in capital stock, to remain available

until expended.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Multilateral Investment

Guarantee Agency may subscribe without fiscal year limitation

for the callable capital portion of the United States share of such

capital stock in an amount not to exceed $4,475,203.

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral

Investment Fund by the Secretary of the Treasury, for the United

States contribution to the fund, $25,000,000, to remain available

until expended.

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the

Treasury to the increase in resources of the Asian Development

Fund, as authorized by the Asian Development Bank Act, as

amended, $144,421,000, to remain available until expended.

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary

of the Treasury, $5,104,930, for the United States paid-in share

of the increase in capital stock, to remain available until expended.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank

may subscribe without fiscal year limitation for the callable capital

portion of the United States share of such capital stock in an

amount not to exceed $79,609,817.

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the

Treasury to the increase in resources of the African Development

Fund, $112,725,000, to remain available until expended.

CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND

DEVELOPMENT

For payment to the European Bank for Reconstruction and

Development by the Secretary of the Treasury, $35,431,111 for

the United States share of the paid-in portion of the increase

in capital stock, to remain available until expended.

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the European Bank for

Reconstruction and Development may subscribe without fiscal year

118 STAT. 166 PUBLIC LAW 108–199—JAN. 23, 2004

limitation to the callable capital portion of the United States share

of such capital stock in an amount not to exceed $122,085,497.

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For the United States contribution by the Secretary of the

Treasury to increase the resources of the International Fund for

Agricultural Development, $15,004,042, to remain available until

expended.

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section

301 of the Foreign Assistance Act of 1961, and of section 2 of

the United Nations Environment Program Participation Act of 1973,

$321,650,000: Provided, That none of the funds appropriated under

this heading may be made available to the International Atomic

Energy Agency (IAEA): Provided further, That funds appropriated

under this heading shall be made available for programs and countries in the amounts contained in the table accompanying the

joint explanatory statement of the managers accompanying this

Act: Provided further, That any proposed increases or decreases

to the amounts contained in such table shall be subject to the

regular notification procedures of the Committees on Appropriations

and section 634A of the Foreign Assistance Act of 1961 and notifications shall be transmitted at least 15 days in advance of the

obligation of funds.

TITLE V—GENERAL PROVISIONS

COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 501. (a) No funds appropriated by this Act may be made

as payment to any international financial institution while the

United States Executive Director to such institution is compensated

by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in

excess of the rate provided for an individual occupying a position

at level IV of the Executive Schedule under section 5315 of title

5, United States Code, or while any alternate United States Director

to such institution is compensated by the institution at a rate

in excess of the rate provided for an individual occupying a position

at level V of the Executive Schedule under section 5316 of title

5, United States Code.

(b) For purposes of this section, ‘‘international financial institutions’’ are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development

Bank, the African Development Fund, the International Monetary

Fund, the North American Development Bank, and the European

Bank for Reconstruction and Development.

PRIVATE AND VOLUNTARY ORGANIZATIONS

SEC. 502. None of the funds appropriated or otherwise made

available by this Act for development assistance may be made

available to any United States private and voluntary organization,

22 USC 2151u

note.

Notification.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

LIMITATION ON RESIDENCE EXPENSES

SEC. 503. Of the funds appropriated or made available pursuant

to this Act, not to exceed $100,500 shall be for official residence

expenses of the United States Agency for International Development

during the current fiscal year: Provided, That appropriate steps

shall be taken to assure that, to the maximum extent possible,

United States-owned foreign currencies are utilized in lieu of dollars.

LIMITATION ON EXPENSES

SEC. 504. Of the funds appropriated or made available pursuant

to this Act, not to exceed $5,000 shall be for entertainment expenses

of the United States Agency for International Development during

the current fiscal year.

LIMITATION ON REPRESENTATIONAL ALLOWANCES

SEC. 505. Of the funds appropriated or made available pursuant

to this Act, not to exceed $125,000 shall be available for representation allowances for the United States Agency for International

Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent

possible, United States-owned foreign currencies are utilized in

lieu of dollars: Provided further, That of the funds made available

by this Act for general costs of administering military assistance

and sales under the heading ‘‘Foreign Military Financing Program’’,

not to exceed $2,000 shall be available for entertainment expenses

and not to exceed $125,000 shall be available for representation

allowances: Provided further, That of the funds made available

by this Act under the heading ‘‘International Military Education

and Training’’, not to exceed $50,000 shall be available for entertainment allowances: Provided further, That of the funds made available

by this Act for the Inter-American Foundation, not to exceed $2,000

shall be available for entertainment and representation allowances:

Provided further, That of the funds made available by this Act

for the Peace Corps, not to exceed a total of $4,000 shall be available

for entertainment expenses: Provided further, That of the funds

made available by this Act under the heading ‘‘Trade and Development Agency’’, not to exceed $2,000 shall be available for representation and entertainment allowances: Provided further, That of the

funds made available by this Act under the heading ‘‘Millennium

Challenge Corporation’’, not to exceed $130,000 shall be available

for representation and entertainment allowances.

118 STAT. 168 PUBLIC LAW 108–199—JAN. 23, 2004

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 506. (a) PROHIBITION ON TAXATION.—None of the funds

appropriated by this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is

to be provided unless such agreement includes a provision stating

that assistance provided by the United States shall be exempt

from taxation, or reimbursed, by the foreign government, and the

Secretary of State shall expeditiously seek to negotiate amendments

to existing bilateral agreements, as necessary, to conform with

this requirement.

(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year

2004 on funds appropriated by this Act by a foreign government

or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either

directly or through grantees, contractors and subcontractors shall

be withheld from obligation from funds appropriated for assistance

for fiscal year 2005 and allocated for the central government of

such country and for the West Bank and Gaza Program to the

extent that the Secretary of State certifies and reports in writing

to the Committees on Appropriations that such taxes have not

been reimbursed to the Government of the United States.

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis

nature shall not be subject to the provisions of subsection (b).

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall

be reprogrammed for assistance to countries which do not assess

taxes on United States assistance or which have an effective

arrangement that is providing substantial reimbursement of such

taxes.

(e) DETERMINATIONS.—

(1) The provisions of this section shall not apply to any

country or entity the Secretary of State determines—

(A) does not assess taxes on United States assistance

or which has an effective arrangement that is providing

substantial reimbursement of such taxes; or

(B) the foreign policy interests of the United States

outweigh the policy of this section to ensure that United

States assistance is not subject to taxation.

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising

the authority of this subsection with regard to any country

or entity.

(f) IMPLEMENTATION.—The Secretary of State shall issue rules,

regulations, or policy guidance, as appropriate, to implement the

prohibition against the taxation of assistance contained in this

section.

(g) DEFINITIONS.—As used in this section—

(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added

taxes and customs duties imposed on commodities financed

with United States assistance for programs for which funds

are appropriated by this Act; and

(2) the term ‘‘bilateral agreement’’ refers to a framework

bilateral agreement between the Government of the United

States and the government of the country receiving assistance

Regulations.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 507. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated or expended to

finance directly any assistance or reparations to Cuba, Libya, North

Korea, Iran, or Syria: Provided, That for purposes of this section,

the prohibition on obligations or expenditures shall include direct

loans, credits, insurance and guarantees of the Export-Import Bank

or its agents.

MILITARY COUPS

SEC. 508. None of the funds appropriated or otherwise made

available pursuant to this Act shall be obligated or expended to

finance directly any assistance to the government of any country

whose duly elected head of government is deposed by decree or

military coup: Provided, That assistance may be resumed to such

government if the President determines and certifies to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office: Provided

further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in

democratic processes: Provided further, That funds made available

pursuant to the previous provisos shall be subject to the regular

notification procedures of the Committees on Appropriations.

TRANSFERS

SEC. 509. (a)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES.—None of the funds made available by this Act may be transferred to any department, agency, or instrumentality of the United

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

transfer authority provided in, this Act or any other appropriation

Act.

(2) Notwithstanding paragraph (1), in addition to transfers

made by, or authorized elsewhere in, this Act, funds appropriated

by this Act to carry out the purposes of the Foreign Assistance

Act of 1961 may be allocated or transferred to agencies of the

United States Government pursuant to the provisions of sections

109, 610, and 632 of the Foreign Assistance Act of 1961.

(b) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made

available by this Act may be obligated under an appropriation

account to which they were not appropriated, except for transfers

specifically provided for in this Act, unless the President, not less

than five days prior to the exercise of any authority contained

in the Foreign Assistance Act of 1961 to transfer funds, consults

118 STAT. 170 PUBLIC LAW 108–199—JAN. 23, 2004

with and provides a written policy justification to the Committees

on Appropriations of the House of Representatives and the Senate.

(c) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for

the transfer or allocation of funds appropriated by this Act, or

prior Acts, entered into between the United States Agency for

International Development and another agency of the United States

Government under the authority of section 632(a) of the Foreign

Assistance Act of 1961 or any comparable provision of law, shall

expressly provide that the Office of the Inspector General for the

agency receiving the transfer or allocation of such funds shall

perform periodic program and financial audits of the use of such

funds: Provided, That funds transferred under such authority may

be made available for the cost of such audits.

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 510. Notwithstanding any other provision of law, and

subject to the regular notification procedures of the Committees

on Appropriations, the authority of section 23(a) of the Arms Export

Control Act may be used to provide financing to Israel, Egypt

and NATO and major non-NATO allies for the procurement by

leasing (including leasing with an option to purchase) of defense

articles from United States commercial suppliers, not including

Major Defense Equipment (other than helicopters and other types

of aircraft having possible civilian application), if the President

determines that there are compelling foreign policy or national

security reasons for those defense articles being provided by

commercial lease rather than by government-to-government sale

under such Act.

AVAILABILITY OF FUNDS

SEC. 511. No part of any appropriation contained in this Act

shall remain available for obligation after the expiration of the

current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1,

8, 11, and 12 of part I, section 667, chapter 4 of part II of the

Foreign Assistance Act of 1961, as amended, section 23 of the

Arms Export Control Act, and funds provided under the heading

‘‘Assistance for Eastern Europe and the Baltic States’’, shall remain

available for an additional 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.

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 512. No part of any appropriation contained in this Act

shall be used to furnish assistance to the government of any country

which is in default during a period in excess of one calendar

year in payment to the United States of principal or interest on

any loan made to the government of such country by the United

PUBLIC LAW 108–199—JAN. 23, 2004 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.

COMMERCE AND TRADE

SEC. 513. (a) None of the funds appropriated or made available

pursuant to this Act for direct assistance and none of the funds

otherwise made available pursuant to this Act to the Export-Import

Bank and the Overseas Private Investment Corporation shall be

obligated or expended to finance any loan, any assistance or any

other financial commitments for establishing or expanding production of any commodity for export by any country other than the

United States, if the commodity is likely to be in surplus on world

markets at the time the resulting productive capacity is expected

to become operative and if the assistance will cause substantial

injury to United States producers of the same, similar, or competing

commodity: Provided, That such prohibition shall not apply to the

Export-Import Bank if in the judgment of its Board of Directors

the benefits to industry and employment in the United States

are likely to outweigh the injury to United States producers of

the same, similar, or competing commodity, and the Chairman

of the Board so notifies the Committees on Appropriations.

(b) None of the funds appropriated by this or any other Act

to carry out chapter 1 of part I of the Foreign Assistance Act

of 1961 shall be available for any testing or breeding feasibility

study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or

production in a foreign country of an agricultural commodity for

export which would compete with a similar commodity grown or

produced in the United States: Provided, That this subsection shall

not prohibit—

(1) activities designed to increase food security in developing countries where such activities will not have a significant

impact on the export of agricultural commodities of the United

States; or

(2) research activities intended primarily to benefit American producers.

SURPLUS COMMODITIES

SEC. 514. The Secretary of the Treasury shall instruct the

United States Executive Directors of the International Bank for

Reconstruction and Development, the International Development

Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the

Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank

for Reconstruction and Development, the African Development

Bank, and the African Development Fund to use the voice and

vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this

Act, for the production or extraction of any commodity or mineral

for export, if it is in surplus on world markets and if the assistance

will cause substantial injury to United States producers of the

same, similar, or competing commodity.

22 USC 262h

note.

118 STAT. 172 PUBLIC LAW 108–199—JAN. 23, 2004

NOTIFICATION REQUIREMENTS

SEC. 515. For the purposes of providing the executive branch

with the necessary administrative flexibility, none of the funds

made available under this Act for ‘‘Child Survival and Health

Programs Fund’’, ‘‘Development Assistance’’, ‘‘International

Organizations and Programs’’, ‘‘Trade and Development Agency’’,

‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean

Counterdrug Initiative’’, ‘‘Assistance for Eastern Europe and the

Baltic States’’, ‘‘Assistance for the Independent States of the Former

Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’,

‘‘Operating Expenses of the United States Agency for International

Development’’, ‘‘Operating Expenses of the United States Agency

for International Development Office of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’,

‘‘Millennium Challenge Corporation’’ (by country only), ‘‘Foreign

Military Financing Program’’, ‘‘International Military Education and

Training’’, ‘‘Peace Corps’’, and ‘‘Migration and Refugee Assistance’’,

shall be available for obligation for activities, programs, projects,

type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on

Appropriations for obligation under any of these specific headings

unless the Committees on Appropriations of both Houses of Congress are previously notified 15 days in advance: Provided, That

the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control

Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be

aircraft, ships, missiles, or combat vehicles, not previously justified

to Congress or 20 percent in excess of the quantities justified

to Congress unless the Committees on Appropriations are notified

15 days in advance of such commitment: Provided further, That

this section shall not apply to any reprogramming for an activity,

program, or project for which funds are appropriated under title

II of this Act of less than 10 percent of the amount previously

justified to the Congress for obligation for such activity, program,

or project for the current fiscal year: Provided further, That the

requirements of this section or any similar provision of this Act

or any other Act, including any prior Act requiring notification

in accordance with the regular notification procedures of the

Committees on Appropriations, may be waived if failure to do

so would pose a substantial risk to human health or welfare: Provided further, That in case of any such waiver, notification to

the Congress, or the appropriate congressional committees, shall

be provided as early as practicable, but in no event later than

3 days after taking the action to which such notification requirement

was applicable, in the context of the circumstances necessitating

such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency

circumstances.

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 516. Subject to the regular notification procedures of the

Committees on Appropriations, funds appropriated under this Act

or any previously enacted Act making appropriations for foreign

PUBLIC LAW 108–199—JAN. 23, 2004 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.

INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 517. (a) None of the funds appropriated under the heading

‘‘Assistance for the Independent States of the Former Soviet Union’’

shall be made available for assistance for a government of an

Independent State of the former Soviet Union—

(1) unless that government is making progress in implementing comprehensive economic reforms based on market

principles, private ownership, respect for commercial contracts,

and equitable treatment of foreign private investment; and

(2) if that government applies or transfers United States

assistance to any entity for the purpose of expropriating or

seizing ownership or control of assets, investments, or ventures.

Assistance may be furnished without regard to this subsection

if the President determines that to do so is in the national interest.

(b) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall

be made available for assistance for a government of an Independent

State of the former Soviet Union if that government directs any

action in violation of the territorial integrity or national sovereignty

of any other Independent State of the former Soviet Union, such

as those violations included in the Helsinki Final Act: Provided,

That such funds may be made available without regard to the

restriction in this subsection if the President determines that to

do so is in the national security interest of the United States.

(c) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall

be made available for any state to enhance its military capability:

Provided, That this restriction does not apply to demilitarization,

demining or nonproliferation programs.

(d) Funds appropriated under the heading ‘‘Assistance for the

Independent States of the Former Soviet Union’’ for the Russian

Federation, Armenia, Georgia, and Ukraine shall be subject to

the regular notification procedures of the Committees on Appropriations.

(e) Funds made available in this Act for assistance for the

Independent States of the former Soviet Union shall be subject

to the provisions of section 117 (relating to environment and natural

resources) of the Foreign Assistance Act of 1961.

(f) Funds made available for Enterprise Funds shall be

expended at the minimum rate necessary to make timely payment

for projects and activities.

(g) In issuing new task orders, entering into contracts, or

making grants, with funds appropriated in this Act or prior appropriations Acts under the heading ‘‘Assistance for the Independent

States of the Former Soviet Union’’ and under comparable headings

in prior appropriations Acts, for projects or activities that have

as one of their primary purposes the fostering of private sector

development, the Coordinator for United States Assistance to the

New Independent States and the implementing agency shall encourage the participation of and give significant weight to contractors

and grantees who propose investing a significant amount of their

22 USC 5814

note.

118 STAT. 174 PUBLIC LAW 108–199—JAN. 23, 2004

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

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 518. None of the funds made available to carry out part

I of the Foreign Assistance Act of 1961, as amended, may be

used to pay for the performance of abortions as a method of family

planning or to motivate or coerce any person to practice abortions.

None of the funds made available to carry out part I of the Foreign

Assistance Act of 1961, as amended, may be used to pay for the

performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person

to undergo sterilizations. None of the funds made available to

carry out part I of the Foreign Assistance Act of 1961, as amended,

may be used to pay for any biomedical research which relates

in whole or in part, to methods of, or the performance of, abortions

or involuntary sterilization as a means of family planning. None

of the funds made available to carry out part I of the Foreign

Assistance Act of 1961, as amended, may be obligated or expended

for any country or organization if the President certifies that the

use of these funds by any such country or organization would

violate any of the above provisions related to abortions and involuntary sterilizations.

EXPORT FINANCING TRANSFER AUTHORITIES

SEC. 519. Not to exceed 5 percent of any appropriation other

than for administrative expenses made available for fiscal year

2004, for programs under title I of this Act may be transferred

between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account

may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by

any such transfer: Provided, That the exercise of such authority

shall be subject to the regular notification procedures of the

Committees on Appropriations.

SPECIAL NOTIFICATION REQUIREMENTS

SEC. 520. None of the funds appropriated by this Act shall

be obligated or expended for Liberia, Serbia, Sudan, Zimbabwe,

Pakistan, Cambodia, or the Democratic Republic of the Congo except

as provided through the regular notification procedures of the

Committees on Appropriations.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 521. For the purpose of this Act, ‘‘program, project, and

activity’’ shall be defined at the appropriations Act account level

and shall include all appropriations and authorizations Acts earmarks, ceilings, and limitations with the exception that for the

following accounts: Economic Support Fund and Foreign Military

Financing Program, ‘‘program, project, and activity’’ shall also be

considered to include country, regional, and central program level

funding within each such account; for the development assistance

accounts of the United States Agency for International Development

‘‘program, project, and activity’’ shall also be considered to include

PUBLIC LAW 108–199—JAN. 23, 2004 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.

CHILD SURVIVAL AND HEALTH ACTIVITIES

SEC. 522. Up to $13,500,000 of the funds made available by

this Act for assistance under the heading ‘‘Child Survival and

Health Programs Fund’’, may be used to reimburse United States

Government agencies, agencies of State governments, institutions

of higher learning, and private and voluntary organizations for

the full cost of individuals (including for the personal services

of such individuals) detailed or assigned to, or contracted by, as

the case may be, the United States Agency for International

Development for the purpose of carrying out activities under that

heading: Provided, That up to $3,500,000 of the funds made available by this Act for assistance under the heading ‘‘Development

Assistance’’ may be used to reimburse such agencies, institutions,

and organizations for such costs of such individuals carrying out

other development assistance activities: Provided further, That

funds appropriated by titles II and III of this Act that are made

available for bilateral assistance for child survival activities or

disease programs including activities relating to research on, and

the prevention, treatment and control of, HIV/AIDS may be made

available notwithstanding any other provision of law except for

the provisions under the heading ‘‘Child Survival and Health Programs Fund’’ and the United States Leadership Against HIV/AIDS,

Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C.

7601 et seq.) as amended by section 595 of this Act: Provided

further, That of the funds appropriated under title II of this Act,

not less than $432,000,000 shall be made available for family planning/reproductive health.

AFGHANISTAN

SEC. 523. Of the funds appropriated by this Act, $405,000,000

shall be made available for humanitarian and reconstruction assistance for Afghanistan: Provided, That of the funds made available

pursuant to this section, not less than $75,000,000 should be from

funds appropriated under the heading ‘‘Economic Support Fund’’:

Provided further, That of the funds made available pursuant to

this section, not less than $2,000,000 should be made available

for reforestation activities: Provided further, That funds made available pursuant to the previous proviso should be matched, to the

maximum extent possible, with contributions from American and

Afghan businesses: Provided further, That of the funds made available pursuant to this section, not less than $2,000,000 should be

made available for the Afghan Judicial Reform Commission: Provided further, That of the funds made available pursuant to this

section, not less than $5,000,000 should be made available to support programs to address the needs of Afghan women through

training and equipment to improve the capacity of women-led

Afghan nongovernmental organizations and to support the activities

of such organizations: Provided further, That not less than

$2,000,000 should be made available for assistance for Afghan

118 STAT. 176 PUBLIC LAW 108–199—JAN. 23, 2004

communities and families that suffer losses as a result of the

military operations.

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 524. Prior to providing excess Department of Defense

articles in accordance with section 516(a) of the Foreign Assistance

Act of 1961, the Department of Defense shall notify the Committees

on Appropriations to the same extent and under the same conditions

as are other committees pursuant to subsection (f) of that section:

Provided, That before issuing a letter of offer to sell excess defense

articles under the Arms Export Control Act, the Department of

Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees

if such defense articles are significant military equipment (as

defined in section 47(9) of the Arms Export Control Act) or are

valued (in terms of original acquisition cost) at $7,000,000 or more,

or if notification is required elsewhere in this Act for the use

of appropriated funds for specific countries that would receive such

excess defense articles: Provided further, That such Committees

shall also be informed of the original acquisition cost of such defense

articles.

USAID OVERSEAS PROGRAM

SEC. 525. Funds appropriated by this and subsequent appropriations Acts to carry out the provisions of part I of the Foreign

Assistance Act of 1961, including funds appropriated under the

heading ‘‘Assistance for Eastern Europe and the Baltic States’’,

may be made available to employ individuals overseas on a limited

appointment basis pursuant to the authority of sections 308 and

309 of the Foreign Service Act of 1980: Provided, That in fiscal

years 2004, 2005, and 2006 the authority of this section may be

used to hire not more than 85 individuals in each such year.

DEMOCRACY PROGRAMS

SEC. 526. (a) Notwithstanding any other provision of law, of

the funds appropriated by this Act to carry out the provisions

of chapter 4 of part II of the Foreign Assistance Act of 1961,

not less than $13,500,000 shall be made available for assistance

for activities to support democracy, human rights, and the rule

of law in the People’s Republic of China and Hong Kong: Provided,

That funds appropriated under the heading ‘‘Economic Support

Fund’’ should be made available for assistance for Taiwan for the

purposes of furthering political and legal reforms: Provided further,

That such funds shall only be made available to the extent that

they are matched from sources other than the United States Government: Provided further, That funds made available pursuant to

the authority of this subsection shall be subject to the regular

notification procedures of the Committees on Appropriations.

(b)(1) In addition to the funds made available in subsection

(a), of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ not less than $11,500,000 shall be made

available for programs and activities to foster democracy, human

rights, civic education, women’s development, press freedom, and

the rule of law in countries with a significant Muslim population,

and where such programs and activities would be important to

22 USC 3948

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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, That the Secretary of State shall provide

a report to the Committees on Appropriations within 120 days

of the date of enactment of this Act on the status of the allocation,

obligation, and expenditure of such funds.

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 527. (a) Funds appropriated for bilateral assistance under

any heading of this Act and funds appropriated under any such

heading in a provision of law enacted prior to the enactment of

this Act, shall not be made available to any country which the

President determines—

(1) grants sanctuary from prosecution to any individual

or group which has committed an act of international terrorism;

or

(2) otherwise supports international terrorism.

Reports.

Deadline.

118 STAT. 178 PUBLIC LAW 108–199—JAN. 23, 2004

(b) The President may waive the application of subsection (a)

to a country if the President determines that national security

or humanitarian reasons justify such waiver. The President shall

publish each waiver in the Federal Register and, at least 15 days

before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver)

in accordance with the regular notification procedures of the

Committees on Appropriations.

DEBT-FOR-DEVELOPMENT

SEC. 528. In order to enhance the continued participation of

nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a

grantee or contractor of the United States Agency for International

Development may place in interest bearing accounts local currencies

which accrue to that organization as a result of economic assistance

provided under title II of this Act and any interest earned on

such investment shall be used for the purpose for which the assistance was provided to that organization.

SEPARATE ACCOUNTS

SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—

(1) If assistance is furnished to the government of a foreign country

under chapters 1 and 10 of part I or chapter 4 of part II of

the Foreign Assistance Act of 1961 under agreements which result

in the generation of local currencies of that country, the Administrator of the United States Agency for International Development

shall—

(A) require that local currencies be deposited in a separate

account established by that government;

(B) enter into an agreement with that government which

sets forth—

(i) the amount of the local currencies to be generated;

and

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this

section; and

(C) establish by agreement with that government the

responsibilities of the United States Agency for International

Development and that government to monitor and account for

deposits into and disbursements from the separate account.

(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with

the foreign government, local currencies deposited in a separate

account pursuant to subsection (a), or an equivalent amount of

local currencies, shall be used only—

(A) to carry out chapter 1 or 10 of part I or chapter

4 of part II (as the case may be), for such purposes as—

(i) project and sector assistance activities; or

(ii) debt and deficit financing; or

(B) for the administrative requirements of the United

States Government.

(3) PROGRAMMING ACCOUNTABILITY.—The United States Agency

for International Development shall take all necessary steps to

ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established

22 USC 2362

note.

Federal Register,

publication.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

ENTERPRISE FUND RESTRICTIONS

SEC. 530. Prior to the distribution of any assets resulting from

any liquidation, dissolution, or winding up of an Enterprise Fund,

in whole or in part, the President shall submit to the Committees

on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund.

President.

118 STAT. 180 PUBLIC LAW 108–199—JAN. 23, 2004

BURMA

SEC. 531. (a) The Secretary of the Treasury shall instruct

the United States executive director to each appropriate international financial institution in which the United States participates, to oppose and vote against the extension by such institution

of any loan or financial or technical assistance or any other utilization of funds of the respective bank to and for Burma.

(b) Of the funds appropriated under the heading ‘‘Economic

Support Fund’’, not less than $13,000,000 shall be made available

to support democracy activities in Burma, along the Burma-Thailand border, for activities of Burmese student groups and other

organizations located outside Burma, and for the purpose of supporting the provision of humanitarian assistance to displaced Burmese along Burma’s borders: Provided, That of this amount

$500,000 should be made available to support newspapers, publications, and other media activities promoting democracy inside

Burma: Provided further, That funds made available under this

heading may be made available notwithstanding any other provision

of law: Provided further, That $5,000,000 shall be allocated to

the United States Agency for International Development for

humanitarian assistance for displaced Burmese and host communities in Thailand: Provided further, That not more than 60 days

after enactment of this Act, the Secretary of State, in consultation

with the Administrator of the United States Agency for International Development, shall submit a report to the Committees

on Appropriations describing the amount and rate of disbursement

of fiscal years 2002 and 2003 funding for HIV/AIDS programs

and activities in Burma, the estimated amount of funds expended

by the State Peace and Development Council (SPDC) on HIV/

AIDS programs and activities in calendar years 2001, 2002, and

2003, and the extent to which international nongovernmental

organizations are able to conduct HIV/AIDS programs throughout

Burma, including the ability of expatriate staff to freely travel

through the country and to conduct programmatic oversight independent of SPDC handling and monitoring: Provided further, That

funds made available by this section shall be subject to the regular

notification procedures of the Committees on Appropriations.

(c) It is the sense of the Congress that the United Nations

Security Council should debate and consider sanctions against

Burma as a result of the threat to regional stability and peace

posed by the repressive and illegitimate rule of the State Peace

and Development Council.

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND AFRICAN DEVELOPMENT FOUNDATION

SEC. 532. Unless expressly provided to the contrary, provisions

of this or any other Act, including provisions contained in prior

Acts authorizing or making appropriations for foreign operations,

export financing, and related programs, shall not be construed

to prohibit activities authorized by or conducted under the Peace

Corps Act, the Inter-American Foundation Act or the African

Development Foundation Act. The agency shall promptly report

to the Committees on Appropriations whenever it is conducting

activities or is proposing to conduct activities in a country for

which assistance is prohibited.

50 USC 1701

note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 181

IMPACT ON JOBS IN THE UNITED STATES

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.

SPECIAL AUTHORITIES

SEC. 534. (a) AFGHANISTAN, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED BURMESE.— Funds appropriated by this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 512 of this Act or any similar provision of law and section

660 of the Foreign Assistance Act of 1961, and funds appropriated

in titles I and II of this Act that are made available for Lebanon,

Montenegro, Pakistan, and for victims of war, displaced children,

and displaced Burmese, and to assist victims of trafficking in persons and, subject to the regular notification procedures of the

Committees on Appropriations, to combat such trafficking, may

be made available notwithstanding any other provision of law.

(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION

ACTIVITIES.—Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of

the Foreign Assistance Act of 1961 may be used, notwithstanding

any other provision of law, for the purpose of supporting tropical

forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions: Provided, That

such assistance shall be subject to sections 116, 502B, and 620A

of the Foreign Assistance Act of 1961.

(c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by

this Act to carry out chapter 1 of part I, chapter 4 of part II,

and section 667 of the Foreign Assistance Act of 1961, and title

II of the Agricultural Trade Development and Assistance Act of

1954, may be used by the United States Agency for International

Development to employ up to 25 personal services contractors in

the United States, notwithstanding any other provision of law,

for the purpose of providing direct, interim support for new or

expanded overseas programs and activities managed by the agency

until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned

to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development

118 STAT. 182 PUBLIC LAW 108–199—JAN. 23, 2004

and Assistance Act of 1954, may be made available only for personal

services contractors assigned to the Office of Food for Peace.

(d)(1) WAIVER.—The President may waive the provisions of

section 1003 of Public Law 100–204 if the President determines

and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States.

(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant

to paragraph (1) shall be effective for no more than a period of

6 months at a time and shall not apply beyond 12 months after

the enactment of this Act.

(e) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the

United States Agency for International Development may provide

an exception to the fair opportunity process for placing task orders

under such contracts when the order is placed with any category

of small or small disadvantaged business.

(f) SHIPMENT OF HUMANITARIAN ASSISTANCE.—During fiscal

year 2004 and each fiscal year thereafter, of the amounts made

available by the United States Agency for International Development to carry out the provisions of section 123(b) of the Foreign

Assistance Act of 1961, funds may be made available to nongovernmental organizations for administrative costs necessary to implement a program to obtain available donated space on commercial

ships for the shipment of humanitarian assistance overseas.

(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing

assistance with funds appropriated by this Act under section

660(b)(6) of the Foreign Assistance Act of 1961, support for a

nation emerging from instability may be deemed to mean support

for regional, district, municipal, or other sub-national entity

emerging from instability, as well as a nation emerging from instability.

(h) NATIONAL ENDOWMENT FOR DEMOCRACY.—Funds appropriated by this Act that are provided to the National Endowment

for Democracy may be provided notwithstanding any other provision

of law or regulation.

(i) WORLD FOOD PROGRAM.—Of the funds managed by the

Bureau for Democracy, Conflict, and Humanitarian Assistance of

the United States Agency for International Development, from this

or any other Act, not less than $6,000,000 shall be made available

as a general contribution to the World Food Program, notwithstanding any other provision of law.

(j) SUDAN.—For the purposes of section 501 of Public Law

106–570, the terms ‘‘areas outside of control of the Government

of Sudan’’ and ‘‘area in Sudan outside of control of the Government

of Sudan’’ shall, upon conclusion of a peace agreement between

the Government of Sudan and the Sudan People’s Liberation Movement, have the same meaning and application as was the case

immediately prior to the conclusion of such agreement.

(k) PROGRAMS.—Of the funds appropriated under ‘‘Economic

Support Fund’’ for Middle East regional programs, up to $5,000,000

may be made available for programs and activities of the Yitzhak

Rabin Center for Israel Studies in Tel Aviv, Israel, and up to

$5,000,000 may be made available for programs and activities of

the Center for Human Dignity Museum of Tolerance in Jerusalem.

50 USC 1701

note.

22 USC 2151u

note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 183

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 535. It is the sense of the Congress that—

(1) the Arab League boycott of Israel, and the secondary

boycott of American firms that have commercial ties with Israel,

is an impediment to peace in the region and to United States

investment and trade in the Middle East and North Africa;

(2) the Arab League boycott, which was regrettably

reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;

(3) the three Arab League countries with diplomatic and

trade relations with Israel should return their ambassadors

to Israel, should refrain from downgrading their relations with

Israel, and should play a constructive role in securing a peaceful

resolution of the Israeli-Arab conflict;

(4) the remaining Arab League states should normalize

relations with their neighbor Israel;

(5) the President and the Secretary of State should continue

to vigorously oppose the Arab League boycott of Israel and

find concrete steps to demonstrate that opposition by, for

example, taking into consideration the participation of any

recipient country in the boycott when determining to sell

weapons to said country; and

(6) the President should report to Congress annually on

specific steps being taken by the United States to encourage

Arab League states to normalize their relations with Israel

to bring about the termination of the Arab League boycott

of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses

from complying with the boycott and penalizing businesses

that do comply.

ADMINISTRATION OF JUSTICE ACTIVITIES

SEC. 536. Of the funds appropriated or otherwise made available by this Act or any subsequent Act for ‘‘Economic Support

Fund’’, assistance may be provided to strengthen the administration

of justice in countries in Latin America and the Caribbean and

in other regions consistent with the provisions of section 534(b)

of the Foreign Assistance Act of 1961, except that programs to

enhance protection of participants in judicial cases may be conducted notwithstanding section 660 of that Act. Funds made available pursuant to this section may be made available notwithstanding section 534(c) and the second and third sentences of section

534(e) of the Foreign Assistance Act of 1961.

ELIGIBILITY FOR ASSISTANCE

SEC. 537. (a) ASSISTANCE THROUGH NONGOVERNMENTAL

ORGANIZATIONS.—Restrictions contained in this or any other Act

with respect to assistance for a country shall not be construed

to restrict assistance in support of programs of nongovernmental

organizations from funds appropriated by this Act to carry out

the provisions of chapters 1, 10, 11, and 12 of part I and chapter

4 of part II of the Foreign Assistance Act of 1961, and from funds

appropriated under the heading ‘‘Assistance for Eastern Europe

and the Baltic States’’: Provided, That before using the authority

22 USC 2364c

note.

118 STAT. 184 PUBLIC LAW 108–199—JAN. 23, 2004

of this subsection to furnish assistance in support of programs

of nongovernmental organizations, the President shall notify the

Committees on Appropriations under the regular notification procedures of those committees, including a description of the program

to be assisted, the assistance to be provided, and the reasons

for furnishing such assistance: Provided further, That nothing in

this subsection shall be construed to alter any existing statutory

prohibitions against abortion or involuntary sterilizations contained

in this or any other Act.

(b) PUBLIC LAW 480.—During fiscal year 2004, restrictions contained in this or any other Act with respect to assistance for

a country shall not be construed to restrict assistance under the

Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I

of such Act and made available pursuant to this subsection may

be obligated or expended except as provided through the regular

notification procedures of the Committees on Appropriations.

(c) EXCEPTION.—This section shall not apply—

(1) with respect to section 620A of the Foreign Assistance

Act of 1961 or any comparable provision of law prohibiting

assistance to countries that support international terrorism;

or

(2) with respect to section 116 of the Foreign Assistance

Act of 1961 or any comparable provision of law prohibiting

assistance to the government of a country that violates internationally recognized human rights.

RESERVATIONS OF FUNDS

SEC. 538. (a) Funds appropriated by this Act which are earmarked may be reprogrammed for other programs within the same

account notwithstanding the earmark if compliance with the earmark is made impossible by operation of any provision of this

or any other Act: Provided, That any such reprogramming shall

be subject to the regular notification procedures of the Committees

on Appropriations: Provided further, That assistance that is

reprogrammed pursuant to this subsection shall be made available

under the same terms and conditions as originally provided.

(b) In addition to the authority contained in subsection (a),

the original period of availability of funds appropriated by this

Act and administered by the United States Agency for International

Development that are earmarked for particular programs or activities by this or any other Act shall be extended for an additional

fiscal year if the Administrator of such agency determines and

reports promptly to the Committees on Appropriations that the

termination of assistance to a country or a significant change in

circumstances makes it unlikely that such earmarked funds can

be obligated during the original period of availability: Provided,

That such earmarked funds that are continued available for an

additional fiscal year shall be obligated only for the purpose of

such earmark.

CEILINGS AND EARMARKS

SEC. 539. Ceilings and earmarks contained in this Act shall

not be applicable to funds or authorities appropriated or otherwise

made available by any subsequent Act unless such Act specifically

so directs. Earmarks or minimum funding requirements contained

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 185

in any other Act shall not be applicable to funds appropriated

by this Act.

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 540. No part of any appropriation contained in this Act

shall be used for publicity or propaganda purposes within the

United States not authorized before the date of the enactment

of this Act by the Congress: Provided, That not to exceed $750,000

may be made available to carry out the provisions of section 316

of Public Law 96–533.

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 541. None of the funds appropriated or made available

pursuant to this Act for carrying out the Foreign Assistance Act

of 1961, may be used to pay in whole or in part any assessments,

arrearages, or dues of any member of the United Nations or, from

funds appropriated by this Act to carry out chapter 1 of part

I of the Foreign Assistance Act of 1961, the costs for participation

of another country’s delegation at international conferences held

under the auspices of multilateral or international organizations.

NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

SEC. 542. None of the funds appropriated or made available

pursuant to this Act shall be available to a nongovernmental

organization which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of

the United States Agency for International Development.

PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING

INTERNATIONAL TERRORISM

SEC. 543. (a) None of the funds appropriated or otherwise

made available by this Act may be available to any foreign government which provides lethal military equipment to a country the

government of which the Secretary of State has determined is

a terrorist government for purposes of section 6(j) of the Export

Administration Act. The prohibition under this section with respect

to a foreign government shall terminate 12 months after that

government ceases to provide such military equipment. This section

applies with respect to lethal military equipment provided under

a contract entered into after October 1, 1997.

(b) Assistance restricted by subsection (a) or any other similar

provision of law, may be furnished if the President determines

that furnishing such assistance is important to the national

interests of the United States.

(c) Whenever the waiver authority of subsection (b) is exercised,

the President shall submit to the appropriate congressional committees a report with respect to the furnishing of such assistance.

Any such report shall include a detailed explanation of the assistance to be provided, including the estimated dollar amount of such

assistance, and an explanation of how the assistance furthers

United States national interests.

Applicability.

Termination.

118 STAT. 186 PUBLIC LAW 108–199—JAN. 23, 2004

WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN

COUNTRIES

SEC. 544. (a) Subject to subsection (c), of the funds appropriated

by this Act that are made available for assistance for a foreign

country, an amount equal to 110 percent of the total amount of

the unpaid fully adjudicated parking fines and penalties owed by

such country shall be withheld from obligation for such country

until the Secretary of State submits a certification to the appropriate congressional committees stating that such parking fines

and penalties are fully paid.

(b) Funds withheld from obligation pursuant to subsection (a)

may be made available for other programs or activities funded

by this Act, after consultation with and subject to the regulation

notification procedures of the appropriate congressional committees,

provided that no such funds shall be made available for assistance

to the central government of a foreign country that has not paid

the total amount of the fully adjudicated parking fines and penalties

owed by such country.

(c) Subsection (a) shall not include amounts that have been

withheld under any other provision of law.

(d) The Secretary of State may waive the requirements set

forth in subsection (a) no sooner than 60 days from the date of

enactment of this Act, or at any time with respect to a particular

country, if the Secretary determines that it is in the national

interests of the United States to do so.

(e) Not later than 6 months after the initial exercise of the

waiver authority in subsection (d), the Secretary of State, after

consultations with the City of New York, shall submit a report

to the Committees on Appropriations describing a strategy,

including a timetable and steps currently being taken, to collect

the parking fines and penalties owed by nations receiving foreign

assistance under this Act.

(f) In this section:

(1) The term ‘‘appropriate congressional committees’’ means

the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives.

(2) The term ‘‘fully adjudicated’’ includes circumstances

in which the person to whom the vehicle is registered—

(A)(i) has not responded to the parking violation summons; or

(ii) has not followed the appropriate adjudication procedure to challenge the summons; and

(B) the period of time for payment of or challenge

to the summons has lapsed.

(3) The term ‘‘parking fines and penalties’’ means parking

fines and penalties—

(A) owed to—

(i) the District of Columbia; or

(ii) New York, New York; and

(B) incurred during the period April 1, 1997 through

September 30, 2003.

LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND

GAZA

SEC. 545. None of the funds appropriated by this Act may

be obligated for assistance for the Palestine Liberation Organization

Deadline.

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

WAR CRIMES TRIBUNALS DRAWDOWN

SEC. 546. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other

violations of international humanitarian law, the President may

direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961, as amended, of up to $30,000,000 of commodities

and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations

Security Council or such other tribunals or commissions as the

Council may establish or authorize to deal with such violations,

without regard to the ceiling limitation contained in paragraph

(2) thereof: Provided, That the determination required under this

section shall be in lieu of any determinations otherwise required

under section 552(c): Provided further, That the drawdown made

under this section for any tribunal shall not be construed as an

endorsement or precedent for the establishment of any standing

or permanent international criminal tribunal or court: Provided

further, That funds made available for tribunals other than Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be

made available subject to the regular notification procedures of

the Committees on Appropriations.

LANDMINES

SEC. 547. Notwithstanding any other provision of law, demining

equipment available to the United States Agency for International

Development and the Department of State and used in support

of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign

countries, subject to such terms and conditions as the President

may prescribe.

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 548. None of the funds appropriated by this Act may

be obligated or expended to create in any part of Jerusalem a

new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho

or any successor Palestinian governing entity provided for in the

Israel-PLO Declaration of Principles: Provided, That this restriction

shall not apply to the acquisition of additional space for the existing

Consulate General in Jerusalem: Provided further, That meetings

between officers and employees of the United States and officials

of the Palestinian Authority, or any successor Palestinian governing

entity provided for in the Israel-PLO Declaration of Principles,

118 STAT. 188 PUBLIC LAW 108–199—JAN. 23, 2004

for the purpose of conducting official United States Government

business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers

and employees of the United States Government may continue

to meet in Jerusalem on other subjects with Palestinians (including

those who now occupy positions in the Palestinian Authority), have

social contacts, and have incidental discussions.

PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 549. None of the funds appropriated or otherwise made

available by this Act under the heading ‘‘International Military

Education and Training’’ or ‘‘Foreign Military Financing Program’’

for Informational Program activities or under the headings ‘‘Child

Survival and Health Programs Fund’’, ‘‘Development Assistance’’,

and ‘‘Economic Support Fund’’ may be obligated or expended to

pay for—

(1) alcoholic beverages; or

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited

to entrance fees at sporting events, theatrical and musical

productions, and amusement parks.

RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS

AGENCIES

SEC. 550. None of the funds appropriated by this Act may

be made available to pay any voluntary contribution of the United

States to the United Nations (including the United Nations Development Program) if the United Nations implements or imposes any

taxation on any United States persons.

HAITI

SEC. 551. The Government of Haiti shall be eligible to purchase

defense articles and services under the Arms Export Control Act

(22 U.S.C. 2751 et seq.), for the Coast Guard.

LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

SEC. 552. (a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of

part II of the Foreign Assistance Act of 1961 may be obligated

or expended with respect to providing funds to the Palestinian

Authority.

(b) WAIVER.—The prohibition included in subsection (a) shall

not apply if the President certifies in writing to the Speaker of

the House of Representatives and the President pro tempore of

the Senate that waiving such prohibition is important to the

national security interests of the United States.

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant

to subsection (b) shall be effective for no more than a period of

6 months at a time and shall not apply beyond 12 months after

the enactment of this Act.

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to

the Committees on Appropriations detailing the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons

and dismantle the terrorist infrastructure. The report shall also

PUBLIC LAW 108–199—JAN. 23, 2004 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.

LIMITATION ON ASSISTANCE TO SECURITY FORCES

SEC. 553. None of the funds made available by this Act may

be provided to any unit of the security forces of a foreign country

if the Secretary of State has credible evidence that such unit has

committed gross violations of human rights, unless the Secretary

determines and reports to the Committees on Appropriations that

the government of such country is taking effective measures to

bring the responsible members of the security forces unit to justice:

Provided, That nothing in this section shall be construed to withhold

funds made available by this Act from any unit of the security

forces of a foreign country not credibly alleged to be involved in

gross violations of human rights: Provided further, That in the

event that funds are withheld from any unit pursuant to this

section, the Secretary of State shall promptly inform the foreign

government of the basis for such action and shall, to the maximum

extent practicable, assist the foreign government in taking effective

measures to bring the responsible members of the security forces

to justice.

FOREIGN MILITARY TRAINING REPORT

SEC. 554. The annual foreign military training report required

by section 656 of the Foreign Assistance Act of 1961 shall be

submitted by the Secretary of Defense and the Secretary of State

to the Committees on Appropriations of the House of Representatives and the Senate by the date specified in that section.

ENVIRONMENT PROGRAMS

SEC. 555. (a) FUNDING.—Of the funds appropriated under the

heading ‘‘Development Assistance’’, not less than $155,000,000 shall

be made available for programs and activities which directly protect

biodiversity, including forests, in developing countries, of which

$1,500,000 should be made available to improve the capacity of

indigenous groups and local environmental organizations and law

enforcement agencies to protect the biodiversity of indigenous

reserves in the Amazon Basin region of Brazil, which amount

shall be in addition to the amount requested in this Act for assistance for Brazil for fiscal year 2004: Provided, That not later than

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,

118 STAT. 190 PUBLIC LAW 108–199—JAN. 23, 2004

including the transfer of clean and environmentally sustainable

energy technologies; (2) measure, monitor, and reduce greenhouse

gas emissions; (3) increase carbon sequestration activities; and (4)

enhance climate change mitigation and adaptation programs.

(b) CLIMATE CHANGE REPORT.—Not later than 45 days after

the date on which the President’s fiscal year 2005 budget request

is submitted to Congress, the President shall submit a report to

the Committees on Appropriations describing in detail the

following—

(1) all Federal agency obligations and expenditures,

domestic and international, for climate change programs and

activities in fiscal year 2004, including an accounting of

expenditures by agency with each agency identifying climate

change activities and associated costs by line item as presented

in the President’s Budget Appendix; and

(2) all fiscal year 2003 obligations and estimated expenditures, fiscal year 2004 estimated expenditures and estimated

obligations, and fiscal year 2005 requested funds by the United

States Agency for International Development, by country and

central program, for each of the following: (i) to promote the

transfer and deployment of a wide range of United States

clean energy and energy efficiency technologies; (ii) to assist

in the measurement, monitoring, reporting, verification, and

reduction of greenhouse gas emissions; (iii) to promote carbon

capture and sequestration measures; (iv) to help meet such

countries’ responsibilities under the Framework Convention on

Climate Change; and (v) to develop assessments of the vulnerability to impacts of climate change and mitigation and adaptation response strategies.

REGIONAL PROGRAMS FOR EAST ASIA AND THE PACIFIC

SEC. 556. Funds appropriated by this Act under the heading

‘‘Economic Support Fund’’ that are requested for ‘‘Regional Democracy’’ assistance for East Asia and the Pacific shall be made available for the Human Rights and Democracy Fund of the Bureau

for Democracy, Human Rights and Labor, Department of State.

ZIMBABWE

SEC. 557. The Secretary of the Treasury shall instruct the

United States executive director to each international financial

institution to vote against any extension by the respective institution of any loans, to the Government of Zimbabwe, except to meet

basic human needs or to promote democracy, unless the Secretary

of State determines and certifies to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including

respect for ownership and title to property, freedom of speech and

association.

TIBET

SEC. 558. (a) The Secretary of 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

22 USC 2151

note.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

AUTHORIZATION REQUIREMENT

SEC. 559. Funds appropriated by this Act may be obligated

and expended notwithstanding section 10 of Public Law 91–672

and section 15 of the State Department Basic Authorities Act of

1956.

NIGERIA

SEC. 560. None of the funds appropriated under the headings

‘‘International Military Education and Training’’ and ‘‘Foreign Military Financing Program’’ may be made available for assistance

for Nigeria until the President certifies to the Committees on Appropriations that the Nigerian Minister of Defense, the Chief of the

Army Staff, and the Minister of State for Defense/Army are suspending from the Armed Forces those members, of whatever rank,

against whom there is credible evidence of gross violations of human

rights in Benue State in October 2001, and the Government of

Nigeria and the Nigerian Armed Forces are taking effective measures to bring such individuals to justice: Provided, That the President may waive such prohibition if he determines that doing so

is in the national security interest of the United States: Provided

further, That prior to exercising such waiver authority, the President shall submit a report to the Committees on Appropriations

describing the involvement of the Nigerian Armed Forces in the

incident in Benue State, the measures that are being taken to

bring such individuals to justice, and whether any Nigerian Armed

Forces units involved with the incident in Benue State are receiving

United States assistance.

CAMBODIA

SEC. 561. (a) The Secretary of the Treasury should instruct

the United States executive directors of the international financial

institutions to use the voice and vote of the United States to

oppose loans to the Central Government of Cambodia, except loans

to meet basic human needs.

(b)(1) None of the funds appropriated by this Act may be

made available for assistance for the Central Government of Cambodia.

(2) Paragraph (1) shall not apply to assistance for basic education, reproductive and maternal and child health, cultural and

historic preservation, programs for the prevention, treatment, and

control of, and research on, HIV/AIDS, tuberculosis, malaria, polio

and other infectious diseases, programs to combat human trafficking

that are provided through nongovernmental organizations, and for

118 STAT. 192 PUBLIC LAW 108–199—JAN. 23, 2004

the Ministry of Women and Veterans Affairs to combat human

trafficking.

(c) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, up to $4,000,000 may be made available

for activities to support democracy, including assistance for democratic political parties.

(d) Funds appropriated by this Act to carry out provisions

of section 541 of the Foreign Assistance Act of 1961 may be made

available notwithstanding subsection (b) only if at least 15 days

prior to the obligation of such funds, the Secretary of State provides

to the Committees on Appropriations a list of those individuals

who have been credibly alleged to have ordered or carried out

extrajudicial and political killings that occurred during the March

1997 grenade attack against the Khmer Nation Party, the July

1997 coup d’etat, and election related violence that occurred during

the 1998, 2002, and 2003 elections in Cambodia.

(e) None of the funds appropriated or otherwise made available

by this Act may be used to provide assistance to any tribunal

established by the Government of Cambodia.

PALESTINIAN STATEHOOD

SEC. 562. (a) LIMITATION ON ASSISTANCE.—None of the funds

appropriated by this Act may be provided to support a Palestinian

state unless the Secretary of State determines and certifies to

the appropriate congressional committees that—

(1) a new leadership of a Palestinian governing entity

has been democratically elected through credible and competitive elections;

(2) the elected governing entity of a new Palestinian state—

(A) has demonstrated a firm commitment to peaceful

co-existence with the State of Israel;

(B) is taking appropriate measures to counter terrorism

and terrorist financing in the West Bank and Gaza,

including the dismantling of terrorist infrastructures; 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

PUBLIC LAW 108–199—JAN. 23, 2004 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’’).

COLOMBIA

SEC. 563. (a) DETERMINATION AND CERTIFICATION REQUIRED.— Notwithstanding any other provision of law, funds appropriated

by this Act that are available for assistance for the Colombian

Armed Forces, may be made available as follows:

(1) Up to 75 percent of such funds may be obligated prior

to a determination and certification by the Secretary of State

pursuant to paragraph (2).

(2) Up to 12.5 percent of such funds may be obligated

only after the Secretary of State certifies and reports to the

appropriate congressional committees that:

(A) The Commander General of the Colombian Armed

Forces is suspending from the Armed Forces those members, of whatever rank who, according to the Minister

of Defense or the Procuraduria General de la Nacion, have

been credibly alleged to have committed gross violations

of human rights, including extra-judicial killings, or to

have aided or abetted paramilitary organizations.

(B) The Colombian Government is vigorously investigating and prosecuting those members of the Colombian

Armed Forces, of whatever rank, who have been credibly

alleged to have committed gross violations of human rights,

including extra-judicial killings, or to have aided or abetted

paramilitary organizations, and is promptly punishing

those members of the Colombian Armed Forces found to

have committed such violations of human rights or to have

aided or abetted paramilitary organizations.

(C) The Colombian Armed Forces have made substantial progress in cooperating with civilian prosecutors and

judicial authorities in such cases (including providing

requested information, such as the identity of persons suspended from the Armed Forces and the nature and cause

of the suspension, and access to witnesses, relevant military

documents, and other requested information).

(D) The Colombian Armed Forces have made substantial progress in severing links (including denying access

to military intelligence, vehicles, and other equipment or

supplies, and ceasing other forms of active or tacit cooperation) at the command, battalion, and brigade levels, with

paramilitary organizations, especially in regions where

these organizations have a significant presence.

(E) The Colombian Armed Forces are dismantling paramilitary leadership and financial networks by arresting

118 STAT. 194 PUBLIC LAW 108–199—JAN. 23, 2004

commanders and financial backers, especially in regions

where these networks have a significant presence.

(3) The balance of such funds may be obligated after July

31, 2004, if the Secretary of State certifies and reports to

the appropriate congressional committees, after such date, that

the Colombian Armed Forces are continuing to meet the conditions contained in paragraph (2) and are conducting vigorous

operations to restore government authority and respect for

human rights in areas under the effective control of paramilitary and guerrilla organizations.

(b) CONGRESSIONAL NOTIFICATION.—Funds made available by

this Act for the Colombian Armed Forces shall be subject to the

regular notification procedures of the Committees on Appropriations.

(c) CONSULTATIVE PROCESS.—Not later than 60 days after the

date of enactment of this Act, and every 90 days thereafter until

September 30, 2005, the Secretary of State shall consult with internationally recognized human rights organizations regarding

progress in meeting the conditions contained in that subsection.

(d) DEFINITIONS.—In this section:

(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means

to provide any support to paramilitary groups, including taking

actions which allow, facilitate, or otherwise foster the activities

of such groups.

(2) PARAMILITARY GROUPS.—The term ‘‘paramilitary

groups’’ means illegal self-defense groups and illegal security

cooperatives.

ILLEGAL ARMED GROUPS

SEC. 564. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN

ILLEGAL ARMED GROUPS.—Subject to subsection (b), the Secretary

of State shall not issue a visa to any alien who the Secretary

determines, based on credible evidence—

(1) has willfully provided any support to the Revolutionary

Armed Forces of Colombia (FARC), the National Liberation

Army (ELN), or the United Self-Defense Forces of Colombia

(AUC), including taking actions or failing to take actions which

allow, facilitate, or otherwise foster the activities of such groups;

or

(2) has committed, ordered, incited, assisted, or otherwise

participated in the commission of gross violations of human

rights, including extra-judicial killings, in Colombia.

(b) WAIVER.—Subsection (a) shall not apply if the Secretary

of State determines and certifies to the appropriate congressional

committees, on a case-by-case basis, that the issuance of a visa

to the alien is necessary to support the peace process in Colombia

or for urgent humanitarian reasons.

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 565. None of the funds appropriated or otherwise made

available by this Act may be used to provide equipment, technical

support, consulting services, or any other form of assistance to

the Palestinian Broadcasting Corporation.

Deadlines.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 195

WEST BANK AND GAZA PROGRAM

SEC. 566. (a) OVERSIGHT.—For fiscal year 2004, 30 days prior

to the initial obligation of funds for the bilateral West Bank and

Gaza Program, the Secretary of State shall certify to the appropriate

committees of Congress that procedures have been established to

assure the Comptroller General of the United States will have

access to appropriate United States financial information in order

to review the uses of United States assistance for the Program

funded under the heading ‘‘Economic Support Fund’’ for the West

Bank and Gaza.

(b) VETTING.—Prior to the obligation of funds appropriated

by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall

take all appropriate steps to ensure that such assistance is not

provided to or through any individual or entity that the Secretary

knows or has reason to believe advocates, plans, sponsors, engages

in, or has engaged in, terrorist activity. The Secretary of State

shall, as appropriate, establish procedures specifying the steps to

be taken in carrying out this subsection.

(c) AUDITS.—(1) The Administrator of the United States Agency

for International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant subcontractors and subgrantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among

other things, compliance with this section.

(2) Of the funds appropriated by this Act under the heading

‘‘Economic Support Fund’’ that are made available for assistance

for the West Bank and Gaza, up to $1,000,000 may be used by

the Office of the Inspector General of the United States Agency

for International Development for audits, inspections, and other

activities in furtherance of the requirements of this subsection.

Such funds are in addition to funds otherwise available for such

purposes.

CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

SEC. 567. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—

Of the amounts made available under ‘‘International Organizations

and Programs’’ and ‘‘Child Survival and Health Programs Fund’’

for fiscal year 2004, the amount cited in section 576 of Public

Law 107–115 shall be made available for the United Nations Population Fund (hereafter in this section referred to as the ‘‘UNFPA’’).

(b) FAMILY PLANNING, MATERNAL AND REPRODUCTIVE HEALTH

ACTIVITIES.—Of the funds appropriated in Public Law 107–115

that were available for the UNFPA, including all funds that were

transferred to ‘‘Child Survival and Health Programs Fund’’,

$34,000,000 shall be made available for family planning, maternal

and reproductive health activities in the Democratic Republic of

the Congo, Ethiopia, Nigeria, Tanzania, Uganda, Haiti, Georgia,

Azerbaijan, Russia, Albania, Romania, and Kazakhstan: Provided,

That such programs and activities shall be deemed to have been

justified to Congress.

(c) TRAFFICKING INITIATIVE.—Of the funds appropriated in

Public Law 108–7 that were available for the UNFPA and that

were transferred to ‘‘Child Survival and Health Programs Fund’’,

$25,000,000 shall be allocated for assistance for ‘‘vulnerable children’’ and made available for a new initiative for assistance for

118 STAT. 196 PUBLIC LAW 108–199—JAN. 23, 2004

young women, mothers and children who are victims of trafficking

in persons: Provided, That such programs and activities shall be

deemed to have been justified to Congress.

(d) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the

funds made available under ‘‘International Organizations and Programs’’ may be made available for the UNFPA for a country program in the People’s Republic of China.

(e) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made

available under ‘‘International Organizations and Programs’’ and

‘‘Child Survival and Health Programs Fund’’ for fiscal year 2004

for the UNFPA may not be made available to UNFPA unless—

(1) the UNFPA maintains amounts made available to the

UNFPA under this section in an account separate from other

accounts of the UNFPA;

(2) the UNFPA does not commingle amounts made available to the UNFPA under this section with other sums; and

(3) the UNFPA does not fund abortions.

CENTRAL ASIA

SEC. 568. (a) Funds appropriated by this Act may be made

available for assistance for the central Government of Uzbekistan

only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is

making substantial and continuing progress in meeting its commitments under the ‘‘Declaration on the Strategic Partnership and

Cooperation Framework Between the Republic of Uzbekistan and

the United States of America’’, including respect for human rights,

establishing a genuine multi-party system, and ensuring free and

fair elections, freedom of expression, and the independence of the

media.

(b) Funds appropriated by this Act may be made available

for assistance for the Government of Kazakhstan only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Kazakhstan has made significant

improvements in the protection of human rights during the preceding 6-month period.

(c) The Secretary of State may waive the requirements under

subsection (b) if he determines and reports to the Committees

on Appropriations that such a waiver is in the national security

interests of the United States.

(d) Not later than October 1, 2004, the Secretary of State

shall submit a report to the Committees on Appropriations and

the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives

describing the following:

(1) The defense articles, defense services, and financial

assistance provided by the United States to the countries of

Central Asia during the 6-month period ending 30 days prior

to submission of such report.

(2) The use during such period of defense articles, defense

services, and financial assistance provided by the United States

by units of the armed forces, border guards, or other security

forces of such countries.

(e) For purposes of this section, the term ‘‘countries of Central

Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan,

and Turkmenistan.

Deadline.

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 197

DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE

RUSSIAN FEDERATION

SEC. 569. None of the funds appropriated under this Act may

be made available for the Government of the Russian Federation,

after 180 days from the date of the enactment of this Act, unless

the President determines and certifies in writing to the Committees

on Appropriations that the Government of the Russian Federation

has implemented no statute, Executive order, regulation or similar

government action that would discriminate, or who have as its

principal effect discrimination, against religious groups or religious

communities in the Russian Federation in violation of accepted

international agreements on human rights and religious freedoms

to which the Russian Federation is a party.

WAR CRIMINALS

SEC. 570. (a)(1) None of the funds appropriated or otherwise

made available pursuant to this Act may be made available for

assistance, and the Secretary of the Treasury shall instruct the

United States executive directors to the international financial

institutions to vote against any new project involving the extension

by such institutions of any financial or technical assistance, to

any country, entity, or municipality whose competent authorities

have failed, as determined by the Secretary of State, to take necessary and significant steps to implement its international legal

obligations to apprehend and transfer to the International Criminal

Tribunal for the former Yugoslavia (the ‘‘Tribunal’’) all persons

in their territory who have been indicted by the Tribunal and

to otherwise cooperate with the Tribunal.

(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization.

(b) The provisions of subsection (a) shall apply unless the

Secretary of State determines and reports to the appropriate

congressional committees that the competent authorities of such

country, entity, or municipality are—

(1) cooperating with the Tribunal, including access for

investigators to archives and witnesses, the provision of documents, and the surrender and transfer of indictees or assistance

in their apprehension; and

(2) are acting consistently with the Dayton Accords.

(c) Not less than 10 days before any vote in an international

financial institution regarding the extension of any new project

involving financial or technical assistance or grants to any country

or entity described in subsection (a), the Secretary of the Treasury,

in consultation with the Secretary of State, shall provide to the

Committees on Appropriations a written justification for the proposed assistance, including an explanation of the United States

position regarding any such vote, as well as a description of the

location of the proposed assistance by municipality, its purpose,

and its intended beneficiaries.

(d) In carrying out this section, the Secretary of State, the

Administrator of the United States Agency for International

Development, and the Secretary of the Treasury shall consult with

representatives of human rights organizations and all government

agencies with relevant information to help prevent indicted war

criminals from benefiting from any financial or technical assistance

118 STAT. 198 PUBLIC LAW 108–199—JAN. 23, 2004

or grants provided to any country or entity described in subsection

(a).

(e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or

municipality upon a written determination to the Committees on

Appropriations that such assistance directly supports the

implementation of the Dayton Accords.

(f) DEFINITIONS.—As used in this section—

(1) COUNTRY.—The term ‘‘country’’ means Bosnia and

Herzegovina, Croatia and Serbia.

(2) ENTITY.—The term ‘‘entity’’ refers to the Federation

of Bosnia and Herzegovina, Kosovo, Montenegro and the

Republika Srpska.

(3) MUNICIPALITY.—The term ‘‘municipality’’ means a city,

town or other subdivision within a country or entity as defined

herein.

(4) DAYTON ACCORDS.—The term ‘‘Dayton Accords’’ means

the General Framework Agreement for Peace in Bosnia and

Herzegovina, together with annexes relating thereto, done at

Dayton, November 10 through 16, 1995.

USER FEES

SEC. 571. The Secretary of the Treasury shall instruct the

United States Executive Director at each international financial

institution (as defined in section 1701(c)(2) of the International

Financial Institutions Act) and the International Monetary Fund

to oppose any loan, grant, strategy or policy of these institutions

that would require user fees or service charges on poor people

for primary education or primary healthcare, including prevention

and treatment efforts for HIV/AIDS, malaria, tuberculosis, and

infant, child, and maternal well-being, in connection with the

institutions’ financing programs.

FUNDING FOR SERBIA

SEC. 572. (a) Funds appropriated by this Act may be made

available for assistance for Serbia after March 31, 2004, if the

President has made the determination and certification contained

in subsection (c).

(b) After March 31, 2004, the Secretary of the Treasury should

instruct the United States executive directors to the international

financial institutions to support loans and assistance to the Government of the Federal Republic of Yugoslavia (or a government of

a successor state) subject to the conditions in subsection (c): Provided, That section 576 of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 1997, as amended, shall

not apply to the provision of loans and assistance to the Federal

Republic of Yugoslavia (or a successor state) through international

financial institutions.

(c) The determination and certification referred to in subsection

(a) is a determination by the President and a certification to the

Committees on Appropriations that the Government of the Federal

Republic of Yugoslavia (or a government of a successor state) is—

(1) cooperating with the International Criminal Tribunal

for the former Yugoslavia including access for investigators,

the provision of documents, and the surrender and transfer

of indictees or assistance in their apprehension, including

PUBLIC LAW 108–199—JAN. 23, 2004 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.

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 573. (a) AUTHORITY.—Funds made available by this Act

to carry out the provisions of chapter 1 of part I and chapter

4 of part II of the Foreign Assistance Act of 1961, may be used,

notwithstanding section 660 of that Act, to enhance the effectiveness

and accountability of civilian police authority in Jamaica and El

Salvador through training and technical assistance in human rights,

the rule of law, strategic planning, and through assistance to foster

civilian police roles that support democratic governance including

assistance for programs to prevent conflict and foster improved

police relations with the communities they serve.

(b) NOTIFICATION.—Assistance provided under subsection (a)

shall be subject to the regular notification procedures of the

Committees on Appropriations.

SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 574. (a) AUTHORITY TO REDUCE DEBT.—The President

may reduce amounts owed to the United States (or any agency

of the United States) by an eligible country as a result of—

(1) guarantees issued under sections 221 and 222 of the

Foreign Assistance Act of 1961;

(2) credits extended or guarantees issued under the Arms

Export Control Act; or

(3) any obligation or portion of such obligation, to pay

for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit

guarantee programs authorized pursuant to section 5(f) of the

Commodity Credit Corporation Charter Act of June 29, 1948,

as amended, section 4(b) of the Food for Peace Act of 1966,

as amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501).

(b) LIMITATIONS.—

(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and

referendum agreements, commonly referred to as ‘‘Paris Club

Agreed Minutes’’.

(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided

in advance by appropriations Acts.

(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens

that are eligible to borrow from the International Development

Association, but not from the International Bank for

22 USC 2151

note.

118 STAT. 200 PUBLIC LAW 108–199—JAN. 23, 2004

Reconstruction and Development, commonly referred to as

‘‘IDA-only’’ countries.

(c) CONDITIONS.—The authority provided by subsection (a) may

be exercised only with respect to a country whose government—

(1) does not have an excessive level of military expenditures;

(2) has not repeatedly provided support for acts of international terrorism;

(3) is not failing to cooperate on international narcotics

control matters;

(4) (including its military or other security forces) does

not engage in a consistent pattern of gross violations of internationally recognized human rights; and

(5) is not ineligible for assistance because of the application

of section 527 of the Foreign Relations Authorization Act, Fiscal

Years 1994 and 1995.

(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to the funds appropriated

by this Act under the heading ‘‘Debt Restructuring’’.

(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt

pursuant to subsection (a) shall not be considered assistance for

the purposes of any provision of law limiting assistance to a country.

The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or

section 321 of the International Development and Food Assistance

Act of 1975.

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 575. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION.—

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible

purchaser any concessional loan or portion thereof made before

January 1, 1995, pursuant to the Foreign Assistance Act of

1961, to the government of any eligible country as defined

in section 702(6) of that Act or on receipt of payment from

an eligible purchaser, reduce or cancel such loan or portion

thereof, only for the purpose of facilitating—

(A) debt-for-equity swaps, debt-for-development swaps,

or debt-for-nature swaps; or

(B) a debt buyback by an eligible country of its own

qualified debt, only if the eligible country uses an additional

amount of the local currency of the eligible country, equal

to not less than 40 percent of the price paid for such

debt by such eligible country, or the difference between

the price paid for such debt and the face value of such

debt, to support activities that link conservation and

sustainable use of natural resources with local community

development, and child survival and other child development, in a manner consistent with sections 707 through

710 of the Foreign Assistance Act of 1961, if the sale,

reduction, or cancellation would not contravene any term

or condition of any prior agreement relating to such loan.

(2) TERMS AND CONDITIONS.—Notwithstanding any other

provision of law, the President shall, in accordance with this

PUBLIC LAW 108–199—JAN. 23, 2004 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-fornature swaps.

(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible

purchaser, or any reduction or cancellation pursuant to this section,

of any loan made to an eligible country, the President should

consult with the country concerning the amount of loans to be

sold, reduced, or canceled and their uses for debt-for-equity swaps,

debt-for-development swaps, or debt-for-nature swaps.

(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated

by this Act under the heading ‘‘Debt Restructuring’’.

DISASTER SURGE CAPACITY

SEC. 576. Funds appropriated by this Act to carry out part

I of the Foreign Assistance Act of 1961 may be used, in addition

to funds otherwise available for such purposes, for the cost

(including the support costs) of individuals detailed to or employed

by the United States Agency for International Development whose

primary responsibility is to carry out programs to address natural

or manmade disasters or programs under the heading ‘‘Transition

Initiatives’’.

IFAD AUTHORIZATION

SEC. 577. The Secretary of the Treasury may, to fulfill commitments of the United States, contribute on behalf of the United

States to the sixth replenishment of the resources of the International Fund for Agricultural Development. The following amount

is authorized to be appropriated without fiscal year limitation for

payment by the Secretary of the Treasury: $45,000,000 for the

International Fund for Agricultural Development.

22 USC 2151a

note.

118 STAT. 202 PUBLIC LAW 108–199—JAN. 23, 2004

PHILIPPINE EDUCATION AND HEALTH INFRASTRUCTURE

SEC. 578. Of the funds appropriated under ‘‘Economic Support

Fund’’ for the Philippines in Public Law 108–11, the Emergency

Wartime Supplemental Appropriations Act, 2003, $600,000 shall

be available only for upgrading education and health infrastructure

in the Sulu Archipelago.

BASIC EDUCATION

SEC. 579. Of the funds appropriated by title II of this Act, not less than $326,500,000 shall be made available for basic education: Provided, That the Secretary of State, in consultation with

the Administrator of the United States Agency for International

Development (USAID), shall submit a report not later than 120

days after enactment of this Act articulating a strategy for the

use of basic education funds in Africa, East Asia and the Pacific,

the Near East, South Asia, and the Western Hemisphere (excluding

the United States) to include—

(1) country strategies and brief project descriptions of the

uses and proposed uses of all United States Government

resources for basic education overseas;

(2) a detailed description of the administrative structure

currently in place to manage strategic coordination undertaken

among the State Department, USAID and other agencies

involved in international basic education activities; and

(3) a description of actions being taken to expand the

administrative capacity of both USAID and the State Department to deliver effective expanded basic education programs.

PARTICIPATION IN THE THIRTEENTH REPLENISHMENT OF THE

RESOURCES OF THE INTERNATIONAL DEVELOPMENT ASSOCIATION

SEC. 580. The International Development Association Act (22

U.S.C. 284–284s) is amended by adding at the end the following:

‘‘SEC. 22. THIRTEENTH REPLENISHMENT.

‘‘(a) CONTRIBUTION AUTHORITY.—

‘‘(1) IN GENERAL.—The United States Governor of the

Association may contribute on behalf of the United States an

amount equal to the amount appropriated under subsection

(b), pursuant to the resolution of the Association entitled ‘Additions to IDA Resources: Thirteenth Replenishment’.

‘‘(2) SUBJECT TO APPROPRIATIONS.—Any commitment to

make the contribution authorized by paragraph (1) shall be

effective only to such extent or in such amounts as are provided

in advance in appropriations Acts.

‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For

the contribution authorized by subsection (a), there are authorized

to be appropriated such sums as may be necessary for payment

by the Secretary of the Treasury, without fiscal year limitation.’’.

ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL

DEVELOPMENT INSTITUTIONS

SEC. 581. Title XV of the International Financial Institutions

Act (22 U.S.C. 262o—262o–2) is amended by adding at the end

the following:

22 USC 284t.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 203

‘‘SEC. 1504. 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) No later than 60 calendar days after the Board of

Directors of the institution approves the minutes of a Board

meeting, the institution shall post on its website an electronic

version of the minutes, with material deemed too sensitive

for public distribution redacted.

‘‘(2) The institution shall keep a written transcript or electronic recording of each meeting of its Board of Directors and

preserve the transcript or recording for at least 10 years after

the meeting.

‘‘(3) All public sector loan, credit and grant documents,

country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for endorsement

or approval by its Board of Directors, with materials deemed

too sensitive for public distribution redacted or withheld, shall

be made available to the public 15 calendar days before consideration by the Board or, if not then available, when the documents are distributed to the Board. Such documents shall

include the resources and conditionality necessary to ensure

that the borrower complies with applicable laws in carrying

out the terms and conditions of such documents, strategies,

or policies, including laws pertaining to the integrity and transparency of the process such as public consultation, and to

public health and safety and environmental protection.

‘‘(4) The institution shall post on its website an annual

report containing statistical summaries and case studies of

the fraud and corruption cases pursued by its investigations

unit.

‘‘(5) The institution shall require that any health, education, or poverty-focused loan, credit, grant, document, policy,

or strategy prepared by the institution includes specific outcome

and output indicators to measure results, and that the indicators and results be published periodically during the execution,

and at the completion, of the project or program.

‘‘(6) The institution shall establish a plan and schedule

for conducting regular, independent audits of internal management controls and procedures for meeting operational objectives, complying with Bank policies, and preventing fraud, and

making reports describing the scope and findings of such audits

available to the public.

‘‘(7) The institution shall establish effective procedures for

the receipt, retention, and treatment of: (A) complaints received

by the Bank regarding fraud, accounting, mismanagement,

internal accounting controls, or auditing matters; and (B) the

confidential, anonymous submission by employees of the Bank

of concerns regarding fraud, accounting, mismanagement,

internal accounting controls, or auditing matters.

‘‘(b) Not later than September 1, 2004, and 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

Deadline.

Reports.

Procedures.

Records.

Deadline.

22 USC 262o–3.

118 STAT. 204 PUBLIC LAW 108–199—JAN. 23, 2004

goals described in subsection (a), and any further actions that

need to be taken to fully implement such goals.

‘‘(c) PUBLICATION OF WRITTEN STATEMENTS REGARDING INSPECTION MECHANISM CASES.—No later than 60 calendar days after

a meeting of the Board of Directors of a multilateral development

institution, the Secretary of the Treasury should provide for publication on the website of the Department of the Treasury of any

written statement presented at the meeting by the United States

Executive Director at the institution concerning—

‘‘(1) a project on which a claim has been made to the

inspection mechanism of the institution; or

‘‘(2) a pending inspection mechanism case.

‘‘(d) CONGRESSIONAL BRIEFINGS.—The Secretary of the Treasury

or the designee of the Secretary should brief the appropriate

congressional committees, when requested, on the steps that have

been taken by the United States Executive Director at any multilateral development institution, and by any such institution, to implement the measures described in this section.

‘‘(e) PUBLICATION OF ‘NO’ VOTES AND ABSTENTIONS BY THE

UNITED STATES.—Each month, the Secretary of the Treasury should

provide for posting on the website of the Department of the Treasury

of a record of all ‘no’ votes and abstentions made by the United

States Executive Director at any multilateral development institution on any matter before the Board of Directors of the institution.

‘‘(f) MULTILATERAL DEVELOPMENT INSTITUTION DEFINED.—In

this section, the term ‘multilateral development institution’ shall

have the meaning given in section 1701(c)(3).’’.

PARTICIPATION IN THE SEVENTH REPLENISHMENT OF THE RESOURCES

OF THE ASIAN DEVELOPMENT FUND

SEC. 582. The Asian Development Bank Act (22 U.S.C. 285–

285aa) is amended by adding at the end the following:

‘‘SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.

‘‘(a) CONTRIBUTION AUTHORITY.— ‘‘(1) IN GENERAL.—The United States Governor of the Bank

may contribute on behalf of the United States an amount

equal to the amount appropriated under subsection (b), pursuant to the resolution of the Bank entitled ‘Seventh Replenishment of the Asian Development Fund’.

‘‘(2) SUBJECT TO APPROPRIATIONS.—Any commitment to

make the contribution authorized by paragraph (1) shall be

effective only to such extent or in such amounts as are provided

in advance in appropriations Acts.

‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For

the contribution authorized by subsection (a), there are authorized

to be appropriated such sums as may be necessary for payment

by the Secretary of the Treasury, without fiscal year limitation.’’.

PARTICIPATION IN THE NINTH REPLENISHMENT OF THE RESOURCES OF

THE AFRICAN DEVELOPMENT FUND

SEC. 583. The African Development Fund Act (22 U.S.C. 290g—

290g–15) is amended by adding at the end the following:

‘‘SEC. 217. NINTH REPLENISHMENT.

‘‘(a) CONTRIBUTION AUTHORITY.—

22 USC 290g–16.

22 USC 285bb.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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.’’.

OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT

BANK RESTRICTIONS

SEC. 584. (a) LIMITATION ON USE OF FUNDS BY OPIC.—None

of the funds made available in this Act may be used by the Overseas

Private Investment Corporation to insure, reinsure, guarantee, or

finance any investment in connection with a project involving the

mining, polishing or other processing, or sale of diamonds in a

country that fails to meet the requirements of subsection (c).

(b) LIMITATION ON USE OF FUNDS BY THE EXPORT-IMPORT

BANK.—None of the funds made available in this Act may be

used by the Export-Import Bank of the United States to guarantee,

insure, extend credit, or participate in an extension of credit in

connection with the export of any goods to a country for use in

an enterprise involving the mining, polishing or other processing,

or sale of diamonds in a country that fails to meet the requirements

of subsection (c).

(c) REQUIREMENTS.—The requirements referred to in subsections (a) and (b) are that the country concerned is implementing

the recommendations, obligations and requirements developed by

the Kimberley Process on conflict diamonds.

RECONCILIATION PROGRAMS

SEC. 585. Of the funds appropriated under the headings ‘‘Economic Support Fund’’, not less than $8,000,000 shall be made

available to support reconciliation programs and activities which

bring together individuals of different ethnic, religious, and political

backgrounds from areas of civil conflict and war.

NICARAGUA

SEC. 586. Of the funds appropriated under the headings

‘‘Development Assistance’’ and ‘‘Child Survival and Health Programs Fund’’, not less than $35,000,000 shall be made available

for assistance for Nicaragua.

DISABILITY ACCESS

SEC. 587. The Administrator of the United States Agency for

International Development (‘‘USAID’’) shall seek to ensure that

programs, projects, and activities administered by USAID in

Afghanistan comply fully with USAID’s ‘‘Policy Paper: Disability’’

issued on September 12, 1997: Provided, That the Administrator

shall submit a report to the Committees on Appropriations not

Reports.

Deadlines.

118 STAT. 206 PUBLIC LAW 108–199—JAN. 23, 2004

later than December 31, 2004, describing the manner in which

the needs of people with disabilities were met in the development

and implementation of USAID programs, projects, and activities

in Afghanistan in fiscal year 2004: Provided further, That the

Administrator, not later than 180 days after enactment of this

Act and in consultation, as appropriate, with other appropriate

departments and agencies, the Architectural and Transportation

Barriers Compliance Board, and nongovernmental organizations

with expertise in the needs of people with disabilities, shall develop

and implement appropriate standards for access for people with

disabilities for construction projects funded by USAID.

TRADE CAPACITY BUILDING

SEC. 588. Of the funds appropriated by this Act, under the

headings ‘‘Trade and Development Agency’’, ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘International Affairs Technical Assistance’’, and ‘‘International Organizations and Programs’’, not less than $503,000,000 should be made

available for trade capacity building assistance.

WAR CRIMES IN AFRICA

SEC. 589. (a) The Congress recognizes the important contribution that the democratically elected Government of Nigeria has

played in fostering stability in West Africa, including reaching

an agreement with the Government of Liberia to provide relief

and promote reconciliation in that nation. The Congress also recognizes the important contributions of other African nations and

supports continued assistance aimed at resolving the conflicts that

have destabilized West Africa and the Great Lakes region.

(b) The Congress reaffirms its support for the efforts of the

International Criminal Tribunal for Rwanda (ICTR) and the Special

Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in a timely

manner.

(c) Funds appropriated by this Act, including funds for debt

restructuring, may be made available for assistance to the central

government of a country in which individuals indicted by ICTR

and SCSL are credibly alleged to be living, if the Secretary of

State determines and reports to the Committees on Appropriations

that such government is cooperating with ICTR and SCSL,

including the surrender and transfer of indictees in a timely

manner: Provided, That this subsection shall not apply to assistance

provided under section 551 of the Foreign Assistance Act of 1961

or to project assistance under title II of this Act: Provided further,

That the United States shall use its voice and vote in the United

Nations Security Council to fully support efforts by ICTR and

SCSL to bring to justice individuals indicted by such tribunals

in a timely manner.

(d) The prohibition in subsection (c) may be waived on a country

by country basis if the President determines that doing so is in

the national security interest of the United States: Provided, That

prior to exercising such waiver authority, the President shall report

to the Committees on Appropriations, in classified form if necessary,

on: (1) the steps being taken to obtain the cooperation of the

government in surrendering the indictee in question to SCSL or

President.

Reports.

Standards.

PUBLIC LAW 108–199—JAN. 23, 2004 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 Sierra Leone: Provided, That funds made

available under the previous proviso shall be disbursed no later

than 30 days after enactment of this Act.

REPORT ON ADMISSION OF REFUGEES

SEC. 590. (a) The Secretary of State shall utilize private voluntary organizations with expertise in the protection needs of refugees in the processing of refugees overseas for admission and

resettlement to the United States, and shall utilize such agencies

in addition to the United Nations High Commissioner for Refugees

in the identification and referral of refugees.

(b) The Secretary of State should establish a system for

accepting referrals of appropriate candidates for resettlement from

local private, voluntary organizations and work to ensure that

particularly vulnerable refugee groups receive special consideration

for admission into the United States, including—

(1) long-stayers in countries of first asylum;

(2) unaccompanied refugee minors;

(3) refugees outside traditional camp settings; and

(4) refugees in woman-headed households.

(c) The Secretary of State shall give special consideration to—

(1) refugees of all nationalities who have close family ties

to citizens and residents of the United States; and

(2) other groups of refugees who are of special concern

to the United States.

(d) Not later than 120 days after the date of enactment of

this Act, the Secretary of State shall submit a report to the Committees on Appropriations describing the steps that have been taken

to implement this section.

POST DIFFERENTIALS AND DANGER PAY ALLOWANCES

SEC. 591. (a) Section 5925(a) of title 5, United States Code,

is amended in the third sentence by inserting after ‘‘25 percent

of the rate of basic pay’’ the following: ‘‘or, in the case of an

employee of the United States Agency for International Development, 35 percent of the rate of basic pay’’.

(b) Section 5928 of title 5, United States Code, is amended

by inserting after ‘‘25 percent of the basic pay of the employee’’

both places it appears the following: ‘‘or 35 percent of the basic

pay of the employee in the case of an employee of the United

States Agency for International Development’’.

(c) Except for employees of the United States Agency for International Development stationed in Iraq and Afghanistan, the

amendments made by subsections (a) and (b) shall not take effect

until the same authority is enacted for employees of the Department

of State.

REPORT ON AZERBAIJAN

SEC. 592. Not later than 90 days after the date of the enactment

of this Act, the Secretary of State, in consultation with the Attorney

Deadline.

5 USC 5925 note.

Deadline.

Deadline.

118 STAT. 208 PUBLIC LAW 108–199—JAN. 23, 2004

General, shall submit a report to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and

the Committee on International Relations and the Committee on

Appropriations of the House of Representatives on the investigation

of the murder of United States democracy worker John Alvis. Such

report shall include—

(1) a description of the steps taken by the Government

of Azerbaijan to further such investigation and bring to justice

those responsible for the murder of John Alvis;

(2) a description of the actions of the Government of Azerbaijan to cooperate with United States agencies involved in

such investigation; and

(3) any recommendations of the Secretary for furthering

progress of such investigation.

DESIGNATION OF THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS

AND MALARIA UNDER THE INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT

SEC. 593. The International Organizations Immunities Act (22

U.S.C. 288 et seq.) is amended by adding at the end the following

new section:

‘‘SEC. 16. The provisions of this title may be extended to the

Global Fund to Fight AIDS, Tuberculosis and Malaria in the same

manner, to the same extent, and subject to the same conditions,

as they may be extended to a public international organization

in which the United States participates pursuant to any treaty

or under the authority of any Act of Congress authorizing such

participation or making an appropriation for such participation.’’.

CODE OF CONDUCT

SEC. 594. (a) None of the funds made available by title II

under the heading ‘‘MIGRATION AND REFUGEE ASSISTANCE’’ or

‘‘TRANSITION INITIATIVES’’ to provide assistance to refugees or

internally displaced persons may be provided to an organization

that has failed to adopt a code of conduct consistent with the

Inter-Agency Standing Committee Task Force on Protection From

Sexual Exploitation and Abuse in Humanitarian Crises six core

principles for the protection of beneficiaries of humanitarian assistance.

(b) In administering the amounts made available for the

accounts described in subsection (a), the Secretary of State and

Administrator of the United States Agency for International

Development shall incorporate specific policies and programs for

the purpose of identifying specific needs of, and particular threats

to, women and children at the various stages of humanitarian

emergencies, especially at the onset of such emergency.

(c) Not later than 90 days after the date of enactment of

this Act, the Secretary of State shall submit to the Committee

on Foreign Relations of the Senate, the Committee on International

Relations of the House of Representatives and the Committees

on Appropriations a report on activities of the Government of the

United States to protect women and children affected by humanitarian emergencies. The report shall include—

(1) an assessment of the specific protection needs of women

and children at the various stages of humanitarian emergencies;

Deadline.

Reports.

22 USC 288f–6.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

ASSISTANCE FOR HIV/AIDS

SEC. 595. The United States Leadership Against HIV/AIDS,

Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C.

7601 et seq.) is amended—

(1) in section 202(d)(4)(A), by adding at the end the following new clause:

‘‘(vi) for the purposes of clause (i), ‘funds contributed

to the Global Fund from all sources’ means funds contributed to the Global Fund at any time during fiscal years

2004 through 2008 that are not contributed to fulfill a

commitment made for a fiscal year prior to fiscal year

2004.’’;

(2) in section 202(d)(4)(B), by adding at the end the following new clause:

‘‘(iv) Notwithstanding clause (i), after July 31 of each

of the fiscal years 2004 through 2008, any amount made

available under this subsection that is withheld by reason

of subparagraph (A)(i) is authorized to be made available

to carry out sections 104A, 104B, and 104C of the Foreign

Assistance Act of 1961 (as added by title III of this Act).’’;

and

(3) in section 301(f), by inserting ‘‘, except that this subsection shall not apply to the Global Fund to Fight AIDS,

Tuberculosis and Malaria, the World Health Organization, the

International AIDS Vaccine Initiative or to any United Nations

agency’’ after ‘‘trafficking’’.

TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC

INITIATIVE

SEC. 596. Section 1625(a)(1)(B)(ii) of the International Financial

Institutions Act (as added by section 501 of the United States

Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of

2003 (Public Law 108–25)) is amended by striking ‘‘subparagraph

(A)’’ and inserting ‘‘clause (i)’’.

INDONESIA

SEC. 597. (a) Funds appropriated by this Act under the heading

‘‘Foreign Military Financing Program’’ may be made available for

assistance for Indonesia, and licenses may be issued for the export

of lethal defense articles for the Indonesian Armed Forces, only

if the President certifies to the appropriate congressional committees that—

(1) the Indonesia Minister of Defense is suspending from

the Armed Forces those members, of whatever rank, who have

been credibly alleged to have committed gross violations of

human rights, or to have aided or abetted militia groups;

(2) the Indonesian Government is prosecuting those members of the Indonesian Armed Forces, of whatever rank, who

President.

Certification.

22 USC 262p–8.

22 USC 7631.

22 USC 7622.

118 STAT. 210 PUBLIC LAW 108–199—JAN. 23, 2004

have been credibly alleged to have committed gross violations

of human rights, or to have aided or abetted militia groups,

and is punishing those members of the Indonesian Armed

Forces found to have committed such violations of human rights

or to have aided or abetted militia groups;

(3) the Indonesian Armed Forces are cooperating with

civilian prosecutors and judicial authorities in Indonesia and

with the joint United Nations-East Timor Serious Crimes Unit

(SCU) in such cases (including extraditing those indicted by

the SCU to East Timor and providing access to witnesses,

relevant military documents, and other requested information);

and

(4) the Minister of Defense is making publicly available

audits of receipts and expenditures of the Indonesian Armed

Forces.

(b) Congress notes that the Indonesian Government and Armed

Forces have pledged to cooperate with the Federal Bureau of Investigation with respect to its investigation into the August 31, 2002,

murders of two American citizens and one Indonesian citizen in

Timika, Indonesia. Therefore, funds appropriated under the heading

‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’

may be made available for Indonesia if the Secretary of State

determines and reports to the appropriate congressional committees

that the Indonesian Government and Armed Forces are cooperating

with the Federal Bureau of Investigation’s investigation: Provided,

That this restriction shall not apply to expanded international

military education and training, which may include English language training.

RELIGIOUS FREEDOM REPORT

SEC. 598. The assessment and description of violations of religious freedom contained in the report required by section

102(b)(1)(B) of the International Religious Freedom Act of 1998

(22 U.S.C. 6412(b)(1)(B)) shall include a description of persecution

targeted at specific religions, including acts of anti-Semitism, by

individuals or organizations designated as terrorist organizations

by the Secretary of State under section 219 of the Immigration

and Nationality Act, as amended.

DELIVERY OF ASSISTANCE BY AIR

SEC. 599A. The Secretary of State and the Administrator of

the United States Agency for International Development shall seek

to ensure that, where appropriate, dedicated air service is provided

for transportation to areas where scheduled air service is not adequate to meet assistance requirements on a timely basis: Provided,

That to the maximum extent practicable and in a manner consistent

with the use of full and open competition (as that term is defined

in section 4(6) of the Office of Federal Procurement Policy Act

(41 U.S.C. 403(6)), contracts for such dedicated air service shall

be entered into with United States air carriers.

MODIFICATION ON REPORTING REQUIREMENTS

SEC. 599B. (a) Section 3204(f) of the Emergency Supplemental

114 Stat. 577. Act, 2000 (Public Law 106–246) is amended—

PUBLIC LAW 108–199—JAN. 23, 2004 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) is amended by

striking ‘‘Congress’’ and inserting ‘‘the appropriate congressional

committees’’.

(c) Subsection (a) of section 803 of the Foreign Operations,

Export Financing, and Related Programs Appropriations Act, 2001,

Appendix A of Public Law 106–429 (as enacted by section 101(a)

of such Public Law) is hereby repealed.

CPA DETAILEES

SEC. 599C. The Office of Personnel Management shall provide

the House and Senate Committees on Appropriations a report of

the number of Federal employees detailed from each executive

agency to the Coalition Provisional Authority in Iraq on the date

of enactment of this Act: Provided, That the report shall identify

by agency the number of non-reimbursable and reimbursable

detailees and shall be submitted to the House and Senate Committees on Appropriations by February 1, 2004: Provided further, That

the report shall be updated and submitted on a quarterly basis

until May, 2005.

TITLE VI—MILLENNIUM CHALLENGE

ACT OF 2003

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Millennium Challenge Act of

2003’’.

SEC. 602. PURPOSES.

The purposes of this title are—

(1) to provide United States assistance for global development through the Millennium Challenge Corporation, as

described in section 604; and

(2) to provide such assistance in a manner that promotes

economic growth and the elimination of extreme poverty and

strengthens good governance, economic freedom, and investments in people.

SEC. 603. DEFINITIONS.

In this title:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means—

(A) the Committee on International Relations and the

Committee on Appropriations of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(2) BOARD.—The term ‘‘Board’’ means the Board of Directors of the Corporation established pursuant to section 604(c).

(3) CANDIDATE COUNTRY.—The term ‘‘candidate country’’

means a country that meets the requirements of section 606.

22 USC 7702.

22 USC 7701.

22 USC 7701

note.

Millennium

Challenge Act of

2003.

Deadline.

Reports.

22 USC 262r–6.

114 Stat. 576.

118 STAT. 212 PUBLIC LAW 108–199—JAN. 23, 2004

(4) CHIEF EXECUTIVE OFFICER.—The term ‘‘Chief Executive

Officer’’ means the chief executive officer of the Corporation

appointed pursuant to section 604(b).

(5) COMPACT.—The term ‘‘Compact’’ means a Millennium

Challenge Compact described in section 609.

(6) CORPORATION.—The term ‘‘Corporation’’ means the

Millennium Challenge Corporation established by section

604(a).

(7) ELIGIBLE COUNTRY.—The term ‘‘eligible country’’ means

a candidate country that is determined, under section 607,

to be an eligible country to receive assistance under section

605.

SEC. 604. ESTABLISHMENT AND MANAGEMENT OF THE MILLENNIUM

CHALLENGE CORPORATION.

(a) ESTABLISHMENT.—There is established in the executive

branch a corporation to be known as the ‘‘Millennium Challenge

Corporation’’ that shall be responsible for carrying out this title.

The Corporation shall be a government corporation, as defined

in section 103 of title 5, United States Code.

(b) CHIEF EXECUTIVE OFFICER.—

(1) IN GENERAL.—There shall be in the Corporation a Chief

Executive Officer who shall be responsible for the management

of the Corporation.

(2) APPOINTMENT.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), the Chief Executive Officer shall be appointed by the

President, by and with the advice and consent of the

Senate.

(B) INTERIM CEO.—The members of the Board of Directors described in subsection (c)(3)(A) may designate by

unanimous consent in writing an individual who is an

officer within any Federal department or agency (and who

has been appointed to such position by the President, by

and with the advice and consent of the Senate) to carry

out the duties described in this subsection until the Chief

Executive Officer is appointed pursuant to subparagraph

(A).

(3) RELATIONSHIP TO BOARD.—The Chief Executive Officer

shall report to and be under the direct authority of the Board.

(4) COMPENSATION AND RANK.—

(A) IN GENERAL.—The Chief Executive Officer shall

be compensated at the rate provided for level II of the

Executive Schedule under section 5313 of title 5, United

States Code, and shall have the equivalent rank of Deputy

Secretary.

(B) AMENDMENT.—Section 5313 of title 5, United States

Code, is amended by adding at the end the following:

‘‘Chief Executive Officer, Millennium Challenge Corporation.’’.

(5) AUTHORITIES AND DUTIES.—The Chief Executive Officer

shall be responsible for the management of the Corporation

and shall exercise the powers and discharge the duties of the

Corporation.

(6) AUTHORITY TO APPOINT OFFICERS.—In consultation and

with approval of the Board, the Chief Executive Officer shall

appoint all officers of the Corporation.

President.

22 USC 7703.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

118 STAT. 214 PUBLIC LAW 108–199—JAN. 23, 2004

(ii) TRAVEL EXPENSES.—Each such member of the

Board shall receive travel expenses, including per diem

in lieu of subsistence, in accordance with applicable

provisions under subchapter I of chapter 57 of title

5, United States Code.

(B) OTHER MEMBERS.— (i) IN GENERAL.—Except as provided in clause (ii),

a member of the Board described in paragraph (3)(B)—

(I) shall be paid compensation out of funds

made available for the purposes of this title at

the daily equivalent of the highest rate payable

under section 5332 of title 5, United States Code,

for each day (including travel time) during which

the member is engaged in the actual performance

of duties as a member of the Board; and

(II) while away from the member’s home or

regular place of business on necessary travel in

the actual performance of duties as a member

of the Board, shall be paid per diem, travel, and

transportation expenses in the same manner as

is provided under subchapter I of chapter 57 of

title 5, United States Code.

(ii) LIMITATION.—A member of the Board may not

be paid compensation under clause (i)(II) for more than

90 days in any calendar year.

SEC. 605. AUTHORIZATION OF ASSISTANCE.

(a) ASSISTANCE.—Notwithstanding any other provision of law

(other than a provision of this title), the Board, acting through

the Chief Executive Officer, is authorized to provide assistance

under this section for each country that enters into a Millennium

Challenge Compact with the United States pursuant to section

609 to support policies and programs that advance the progress

of the country in achieving lasting economic growth and poverty

reduction and are in furtherance of the purposes of this title.

(b) FORM OF ASSISTANCE.—Assistance under this section may

be provided in the form of grants, cooperative agreements, or contracts to or with eligible entities described in subsection (c). Assistance under this section may not be provided in the form of loans.

(c) ELIGIBLE ENTITIES.—An eligible entity referred to in subsection (b) is—

(1) the national government of the eligible country;

(2) regional or local governmental units of the country;

or

(3) a nongovernmental organization or a private entity.

(d) APPLICATION.—The Chief Executive Officer, in consultation

with the Board and working with eligible countries selected by

the Board for negotiation of Compacts, should develop and recommend procedures for considering solicited and unsolicited proposals in Compacts prior to an approval of the Compacts by the

Board.

(e) LIMITATIONS.—

(1) PROHIBITION ON MILITARY ASSISTANCE AND TRAINING.—

Assistance under this section may not include military assistance or military training for a country.

(2) PROHIBITION ON ASSISTANCE RELATING TO UNITED STATES

JOB LOSS OR PRODUCTION DISPLACEMENT.—Assistance under

22 USC 7704.

PUBLIC LAW 108–199—JAN. 23, 2004 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 ENVIRON- MENTAL, HEALTH, OR SAFETY HAZARDS.—Assistance under this

section may not be provided for any project that is likely

to cause a significant environmental, health, or safety hazard.

(4) PROHIBITION ON USE OF FUNDS FOR ABORTIONS AND

INVOLUNTARY STERILIZATIONS.—The prohibitions on use of funds

contained in paragraphs (1) through (3) of section 104(f) of

the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)–

(3)) shall apply to funds made available to carry out this section

to the same extent and in the same manner as such prohibitions

apply to funds made available to carry out part I of such

Act. The prohibition on use of funds contained in any provision

of law comparable to the eleventh and fourteenth provisos

under the heading ‘‘Child Survival and Health Programs Fund’’

of division E of Public Law 108–7 (117 Stat. 162) shall apply

to funds made available to carry out this section for fiscal

year 2004.

(f) COORDINATION.—The provision of assistance under this section shall be coordinated with other United States foreign assistance

programs.

SEC. 606. CANDIDATE COUNTRIES.

(a) LOW INCOME COUNTRIES.—

(1) FISCAL YEAR 2004.—A country shall be a candidate

country for purposes of eligibility for assistance for fiscal year

2004 if—

(A) the country is eligible for assistance from the International Development Association, and the per capita

income of the country is equal to or less than the historical

ceiling of the International Development Association for

that year, as defined by the International Bank for

Reconstruction and Development; and

(B) subject to paragraph (3), the country is not ineligible to receive United States economic assistance under

part I of the Foreign Assistance Act of 1961 by reason

of the application of any provision of the Foreign Assistance

Act of 1961 or any other provision of law.

(2) FISCAL YEAR 2005 AND SUBSEQUENT FISCAL YEARS.—

A country shall be a candidate country for purposes of eligibility

for assistance for fiscal year 2005 or a subsequent fiscal year

if—

(A) the per capita income of the country is equal to

or less than the historical ceiling of the International

Development Association for the fiscal year involved, as

defined by the International Bank for Reconstruction and

Development; and

(B) the country meets the requirements of paragraph

(1)(B).

(3) RULE OF CONSTRUCTION.—For the purposes of determining whether a country is eligible for receiving assistance

under section 605 pursuant to paragraph (1)(B), the exercise

by the President, the Secretary of State, or any other officer

or employee of the United States of any waiver or suspension

of any provision of law referred to in such paragraph, and

22 USC 7705.

Applicability.

118 STAT. 216 PUBLIC LAW 108–199—JAN. 23, 2004

notification to the appropriate congressional committees in

accordance with such provision of law, shall be construed as

satisfying the requirement of such paragraph.

(b) LOWER MIDDLE INCOME COUNTRIES.—

(1) IN GENERAL.—In addition to countries described in subsection (a), a country shall be a candidate country for purposes

of eligibility for assistance for fiscal year 2006 or a subsequent

fiscal year if the country—

(A) is classified as a lower middle income country in

the then most recent edition of the World Development

Report for Reconstruction and Development published by

the International Bank for Reconstruction and Development and has an income greater than the historical ceiling

for International Development Association eligibility for

the fiscal year involved; and

(B) meets the requirements of subsection (a)(1)(B).

(2) LIMITATION.—The total amount of assistance provided

to countries described in paragraph (1) for fiscal year 2006

or any subsequent fiscal year may not exceed 25 percent of

the total amount of assistance provided to all countries under

section 605 for fiscal year 2006 or the subsequent fiscal year,

as the case may be.

(c) IDENTIFICATION BY THE BOARD.—The Board shall identify

whether a country is a candidate country for purposes of this

section.

SEC. 607. ELIGIBLE COUNTRIES.

(a) DETERMINATION BY THE BOARD.—The Board shall determine

whether a candidate country is an eligible country for purposes

of this section. Such determination shall be based, to the maximum

extent possible, upon objective and quantifiable indicators of a

country’s demonstrated commitment to the criteria in subsection

(b), and shall, where appropriate, take into account and assess

the role of women and girls.

(b) CRITERIA.—A candidate country should be considered to

be an eligible country for purposes of this section if the Board

determines that the country has demonstrated a commitment to—

(1) just and democratic governance, including a demonstrated commitment to—

(A) promote political pluralism, equality, and the rule

of law;

(B) respect human and civil rights, including the rights

of people with disabilities;

(C) protect private property rights;

(D) encourage transparency and accountability of

government; and

(E) combat corruption;

(2) economic freedom, including a demonstrated commitment to economic policies that—

(A) encourage citizens and firms to participate in global

trade and international capital markets;

(B) promote private sector growth and the sustainable

management of natural resources;

(C) strengthen market forces in the economy; and

(D) respect worker rights, including the right to form

labor unions; and

22 USC 7706.

PUBLIC LAW 108–199—JAN. 23, 2004 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. CONGRESSIONAL AND PUBLIC NOTIFICATION OF CANDIDATE

COUNTRIES, ELIGIBILITY CRITERIA, AND ELIGIBLE

COUNTRIES.

(a) IDENTIFICATION OF CANDIDATE COUNTRIES.—Not later than

90 days prior to the date on which the Board determines eligible

countries under section 607 for a fiscal year, the Chief Executive

Officer—

(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of all candidate

countries identified under section 606, and all countries that

would be candidate countries if the countries met the requirement contained in section 606(a)(1)(B), for the fiscal year; and

(2) shall publish in the Federal Register the information

contained in the report described in paragraph (1).

(b) IDENTIFICATION OF ELIGIBILITY CRITERIA AND METHODOLOGY.—Not later than 60 days prior to the date on which the

Board determines eligible countries under section 607 for a fiscal

year, the Chief Executive Officer—

(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of the criteria

and methodology described in subsections (a) and (b) of section

607 that will be used to determine eligibility for each candidate

country identified under subsection (a);

(2) shall publish in the Federal Register the information

contained in the report described in paragraph (1); and

(3) may conduct one or more public hearings on the eligibility criteria and methodology.

(c) PUBLIC COMMENT AND CONGRESSIONAL CONSULTATION.—

Federal Register,

publication.

Reports.

Deadline.

Federal Register,

publication.

Reports.

Deadline.

22 USC 7707.

118 STAT. 218 PUBLIC LAW 108–199—JAN. 23, 2004

(1) PUBLIC COMMENT.—The Chief Executive Officer shall,

for the 30-day period beginning on the date of publication

in the Federal Register of the information contained in the

report described in subsection (b)(1), accept public comment

and consider such comment for purposes of determining eligible

countries under section 607.

(2) CONGRESSIONAL CONSULTATION.—The Chief Executive

Officer shall consult with the appropriate congressional committees on the extent to which the candidate countries meet the

criteria described in section 607(b).

(d) IDENTIFICATION OF ELIGIBLE COUNTRIES.—Not later than

5 days after the date on which the Board determines eligible countries under section 607 for a fiscal year, the Chief Executive

Officer—

(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of all such

eligible countries, an identification of those countries on such

list with respect to which the Board will seek to enter into

a Compact under section 609, and a justification for such eligibility determination and selection for Compact negotiation; and

(2) shall publish in the Federal Register the information

contained in the report described in paragraph (1).

SEC. 609. MILLENNIUM CHALLENGE COMPACT.

(a) COMPACT.—The Board, acting through the Chief Executive

Officer of the Corporation, may provide assistance for an eligible

country only if the country enters into an agreement with the

United States, to be known as a ‘‘Millennium Challenge Compact’’,

that establishes a multi-year plan for achieving shared development

objectives in furtherance of the purposes of this title.

(b) ELEMENTS.—

(1) IN GENERAL.—The Compact should take into account

the national development strategy of the eligible country and

shall contain—

(A) the specific objectives that the country and the

United States expect to achieve during the term of the

Compact;

(B) the responsibilities of the country and the United

States in the achievement of such objectives;

(C) regular benchmarks to measure, where appropriate,

progress toward achieving such objectives;

(D) an identification of the intended beneficiaries,

disaggregated by income level, gender, and age, to the

maximum extent practicable;

(E) a multi-year financial plan, including the estimated

amount of contributions by the Corporation and the country

and proposed mechanisms to implement the plan and provide oversight, that describes how the requirements of subparagraphs (A) through (D) will be met, including identifying the role of civil society in the achievement of such

requirements;

(F) where appropriate, a description of the current

and potential participation of other donors in the achievement of such objectives;

(G) a plan to ensure appropriate fiscal accountability

for the use of assistance provided under section 605;

22 USC 7708.

Federal Register,

publication.

Reports.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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 marketdriven 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.

118 STAT. 220 PUBLIC LAW 108–199—JAN. 23, 2004

(f) COORDINATION WITH OTHER DONORS.—To the maximum

extent feasible, activities undertaken to achieve the objectives of

the Compact shall be undertaken in coordination with the assistance

activities of other donors.

(g) ASSISTANCE FOR DEVELOPMENT OF COMPACT.—Notwithstanding subsection (a), the Chief Executive Officer may enter into

contracts or make grants for any eligible country for the purpose

of facilitating the development and implementation of the Compact

between the United States and the country.

(h) REQUIREMENT FOR APPROVAL BY THE BOARD.—Each Compact shall be approved by the Board before the United States

enters into the Compact.

(i) INCREASE OR EXTENSION OF ASSISTANCE UNDER A COM- PACT.—Not later than 15 days after making a determination to

increase or extend assistance under a Compact with an eligible

country, the Board, acting through the Chief Executive Officer—

(1) shall prepare and transmit to the appropriate congressional committees a written report and justification that contains a detailed summary of the proposed increase in or extension of assistance under the Compact and a copy of the full

text of the amendment to the Compact; and

(2) shall publish a detailed summary, full text, and justification of the proposed increase in or extension of assistance

under the Compact in the Federal Register and on the Internet

website of the Corporation.

(j) DURATION OF COMPACT.—The duration of a Compact shall

not exceed 5 years.

(k) SUBSEQUENT COMPACTS.—An eligible country and the

United States may enter into and have in effect only one Compact

at any given time under this section. An eligible country and

the United States may enter into one or more subsequent Compacts

in accordance with the requirements of this title after the expiration

of the existing Compact.

SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT.

(a) CONGRESSIONAL CONSULTATION PRIOR TO COMPACT NEGOTIATIONS.—Not later than 15 days prior to the start of negotiations

of a Compact with an eligible country, the Board, acting through

the Chief Executive Officer—

(1) shall consult with the appropriate congressional committees with respect to the proposed Compact negotiation; and

(2) shall identify the objectives and mechanisms to be used

for the negotiation of the Compact.

(b) CONGRESSIONAL AND PUBLIC NOTIFICATION AFTER ENTERING

INTO A COMPACT.—Not later than 10 days after entering into a

Compact with an eligible country, the Board, acting through the

Chief Executive Officer—

(1) shall provide notification of the Compact to the appropriate congressional committees, including a detailed summary

of the Compact and a copy of the text of the Compact; and

(2) shall publish such detailed summary and the text of

the Compact in the Federal Register and on the Internet

website of the Corporation.

SEC. 611. SUSPENSION AND TERMINATION OF ASSISTANCE.

(a) SUSPENSION AND TERMINATION OF ASSISTANCE.—After consultation with the Board, the Chief Executive Officer may suspend

22 USC 7710.

Federal Register,

publication.

Notification.

Deadlines.

22 USC 7709.

Federal Register,

publication.

Reports.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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 later than 3 days after

the date on which the Chief Executive Officer suspends or terminates assistance under subsection (a) for a country or entity, or

reinstates assistance under subsection (b) for a country or entity,

the Chief Executive Officer shall submit to the appropriate congressional committees a report that contains the determination of the

Chief Executive Officer under subsection (a) or subsection (b), as

the case may be.

(d) RULE OF CONSTRUCTION.—The authority to suspend or

terminate assistance under this section includes the authority to

suspend or terminate obligations and sub-obligations.

SEC. 612. DISCLOSURE.

(a) REQUIREMENT FOR DISCLOSURE.—The Corporation shall

make available to the public on at least a quarterly basis, the

following information:

(1) For assistance provided under section 605—

(A) the name of each entity to which assistance is

provided;

(B) the amount of assistance provided to the entity;

and

(C) a description of the program or project, including—

(i) a description of whether the program or project

was solicited or unsolicited; and

(ii) a detailed description of the objectives and

measures for results of the program or project.

(2) For funds allocated or transferred under section

619(b)—

(A) the name of each United States Government agency

to which such funds are transferred or allocated;

(B) the amount of funds transferred or allocated to

such agency; and

(C) a description of the program or project to be carried

out by such agency with such funds.

(b) DISSEMINATION.—The information required to be disclosed

under subsection (a) shall be made available to the public by means

of publication in the Federal Register and on the Internet website

of the Corporation, as well as by any other methods that the

Board determines appropriate.

SEC. 613. ANNUAL REPORT.

(a) REPORT.—Not later than March 31, 2005, and each March

31 thereafter, the President shall submit to Congress a report

Deadline.

22 USC 7712.

Federal Register,

publication.

Public

information.

22 USC 7711.

Deadline.

Reports.

118 STAT. 222 PUBLIC LAW 108–199—JAN. 23, 2004

on the assistance provided under section 605 during the prior

fiscal year.

(b) CONTENTS.—The report shall include the following:

(1) The amount of obligations and expenditures for assistance provided to each eligible country during the prior fiscal

year.

(2) For each eligible country, an assessment of—

(A) the progress made during each year by the country

toward achieving the objectives set out in the Compact

entered into by the country; and

(B) the extent to which assistance provided under section 605 has been effective in helping the country to achieve

such objectives.

(3) A description of the coordination of assistance provided

under section 605 with other United States foreign assistance

and related trade policies.

(4) A description of the coordination of assistance provided

under section 605 with assistance provided by other donor

countries.

(5) Any other information the President considers relevant

with respect to assistance provided under section 605.

SEC. 614. POWERS OF THE CORPORATION; RELATED PROVISIONS.

(a) POWERS.—The Corporation—

(1) shall have perpetual succession unless dissolved by

a law enacted after the date of the enactment of this Act;

(2) may adopt, alter, and use a seal, which shall be

judicially noticed;

(3) may make and perform such contracts, grants, and

other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Corporation;

(4) may determine and prescribe the manner in which

its obligations shall be incurred and its expenses allowed and

paid, including expenses for representation;

(5) may lease, purchase, or otherwise acquire, improve,

and use such real property wherever situated, as may be necessary for carrying out the functions of the Corporation;

(6) may accept cash gifts or donations of services or of

property (real, personal, or mixed), tangible or intangible, for

the purpose of carrying out the provisions of this title;

(7) may use the United States mails in the same manner

and on the same conditions as the executive departments;

(8) may contract with individuals for personal services,

who shall not be considered Federal employees for any provision

of law administered by the Office of Personnel Management;

(9) may hire or obtain passenger motor vehicles; and

(10) shall have such other powers as may be necessary

and incident to carrying out this title.

(b) PRINCIPAL OFFICE.—The Corporation shall maintain its principal office in the metropolitan area of Washington, District of

Columbia.

(c) POSITIONS WITH FOREIGN GOVERNMENTS.—When approved

by the Chief Executive Officer, for purposes of implementing a

Compact, employees of the Corporation (including individuals

detailed to the Corporation) may accept and hold offices or positions

22 USC 7713.

PUBLIC LAW 108–199—JAN. 23, 2004 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 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).

Applicability.

118 STAT. 224 PUBLIC LAW 108–199—JAN. 23, 2004

SEC. 615. COORDINATION WITH UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.

(a) REQUIREMENT FOR COORDINATION.—The Chief Executive

Officer shall consult with the Administrator of the United States

Agency for International Development in order to coordinate the

activities of the Corporation with the activities of the Agency.

(b) USAID PROGRAMS.—The Administrator of the United States

Agency for International Development shall seek to ensure that

appropriate programs of the Agency play a primary role in preparing

candidate countries to become eligible countries.

SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.

(a) AUTHORIZATION.—The Board, acting through the Chief

Executive Officer, is authorized to provide assistance to a candidate

country described in subsection (b) for the purpose of assisting

such country to become an eligible country.

(b) CANDIDATE COUNTRY DESCRIBED.—A candidate country

referred to in subsection (a) is a candidate country that—

(1) satisfies the requirements contained in subparagraphs

(A) and (B) of section 606(a)(1); and

(2) demonstrates a significant commitment to meet the

requirements of section 607(b) but fails to meet such requirements (including by reason of the absence or unreliability of

data).

(c) ADMINISTRATION.—Assistance under this section may be provided through the United States Agency for International Development.

(d) FUNDING.—Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section 619(a) for fiscal year 2004 is authorized to be made available

to carry out this section.

SEC. 617. GENERAL PERSONNEL AUTHORITIES.

(a) DETAIL OF PERSONNEL.—Upon request of the Chief Executive Officer, the head of an agency may detail any employee of

such agency to the Corporation on a reimbursable basis. Any

employee so detailed remains, for the purpose of preserving such

employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.

(b) REEMPLOYMENT RIGHTS.—

(1) IN GENERAL.—An employee of an agency who is serving

under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency,

transfers to the Corporation, is entitled to be reemployed in

such employee’s former position or a position of like seniority,

status, and pay in such agency, if such employee—

(A) is separated from the Corporation for any reason,

other than misconduct, neglect of duty, or malfeasance;

and

(B) applies for reemployment not later than 90 days

after the date of separation from the Corporation.

(2) SPECIFIC RIGHTS.—An employee who satisfies paragraph

(1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and,

on reemployment, is entitled to at least the rate of basic pay

to which such employee would have been entitled had such

employee never transferred.

Deadline.

22 USC 7716.

22 USC 7715.

22 USC 7714.

PUBLIC LAW 108–199—JAN. 23, 2004 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. PERSONNEL OUTSIDE THE UNITED STATES.

(a) ASSIGNMENT TO UNITED STATES EMBASSIES.—An employee

of the Corporation, including an individual detailed to or contracted

by the Corporation, may be assigned to a United States diplomatic

mission or consular post or a United States Agency for International

Development field mission.

(b) PRIVILEGES AND IMMUNITIES.—The Secretary of State shall

seek to ensure that an employee of the Corporation, including

an individual detailed to or contracted by the Corporation, and

the members of the family of such employee, while the employee

is performing duties in any country or place outside the United

States, enjoy the privileges and immunities that are enjoyed by

a member of the Foreign Service, or the family of a member of

the Foreign Service, as appropriate, of comparable rank and salary

of such employee, if such employee or a member of the family

of such employee is not a national of or permanently resident

in such country or place.

(c) RESPONSIBILITY OF CHIEF OF MISSION.—An employee of

the Corporation, including an individual detailed to or contracted

by the Corporation, and a member of the family of such employee,

shall be subject to section 207 of the Foreign Service Act of 1980

(22 U.S.C. 3927) in the same manner as United States Government

employees while the employee is performing duties in any country

or place outside the United States if such employee or member

of the family of such employee is not a national of or permanently

resident in such country or place.

SEC. 619. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this title such sums as may be

necessary for each of the fiscal years 2004 and 2005.

(b) ALLOCATION OF FUNDS.—

(1) IN GENERAL.—The Corporation may allocate or transfer

to any agency of the United States Government any of the

funds available for carrying out this title. Such funds shall

be available for obligation and expenditure for the purposes

for which the funds were authorized, in accordance with

authority granted in this title or under authority governing

the activities of the United States Government agency to which

such funds are allocated or transferred.

22 USC 7718.

22 USC 7717.

118 STAT. 226 PUBLIC LAW 108–199—JAN. 23, 2004

(2) NOTIFICATION.—The Corporation shall notify the appropriate congressional committees not less than 15 days prior

to an allocation or transfer of funds pursuant to paragraph

(1).

This division may be cited as the ‘‘Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 2004’’.

DIVISION E—DEPARTMENTS OF LABOR, HEALTH AND

HUMAN SERVICES, AND EDUCATION, AND RELATED

AGENCIES APPROPRIATIONS, 2004

An Act

Making appropriations for the Departments of Labor, Health and Human Services,

and Education, and related agencies for the fiscal year ending September 30,

2004, and for other purposes.

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

the Treasury not otherwise appropriated, for the Departments of

Labor, Health and Human Services, and Education, and related

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

other purposes, namely:

TITLE I—DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Investment Act of

1998, including the purchase and hire of passenger motor vehicles,

the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as

authorized by the Workforce Investment Act of 1998; $2,697,654,000

plus reimbursements, of which $1,666,473,000 is available for

obligation for the period July 1, 2004 through June 30, 2005;

except that amounts determined by the Secretary of Labor to be

necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act

shall be available from October 1, 2003 until expended; of which

$1,000,965,000 is available for obligation for the period April 1,

2004 through June 30, 2005, to carry out chapter 4 of the Workforce

Investment Act of 1998; and of which $30,216,000 is available

for the period July 1, 2004 through June 30, 2007 for necessary

expenses of construction, rehabilitation, and acquisition of Job Corps

centers: Provided, That notwithstanding any other provision of law,

of the funds provided herein under section 137(c) of the Workforce

Investment Act of 1998, $276,608,000 shall be for activities

described in section 132(a)(2)(A) of such Act and $1,180,152,000

shall be for activities described in section 132(a)(2)(B) of such Act:

Provided further, That funds provided to carry out section

132(a)(2)(A) of the Workforce Investment Act may be used to provide

assistance to a State for state-wide or local use in order to address

cases where there have been worker dislocations across multiple

sectors or across multiple local areas and such workers remain

dislocated; coordinate the State workforce development plan with

Department of

Labor

Appropriations

Act, 2004.

Departments of

Labor, Health

and Human

Services, and

Education, and

Related Agencies

Appropriations

Act, 2004.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965, as

amended, $441,253,000.

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of trade adjustment

benefit payments and allowances under part I and section 246;

and for training, allowances for job search and relocation, and

related State administrative expenses under part II of chapter

2, title II of the Trade Act of 1974 (including the benefits and

services described under sections 123(c)(2) and 151(b) and (c) of

the Trade Adjustment Assistance Reform Act of 2002, Public Law

107–210), $1,338,200,000, together with such amounts as may be

necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current

year.

118 STAT. 228 PUBLIC LAW 108–199—JAN. 23, 2004

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $142,520,000, together

with not to exceed $3,466,861,000 (including not to exceed

$1,228,000 which may be used for amortization payments to States

which had independent retirement plans in their State employment

service agencies prior to 1980), which may be expended from the

Employment Security Administration Account in the Unemployment Trust Fund including the cost of administering section 51

of the Internal Revenue Code of 1986, as amended, section 7(d)

of the Wagner-Peyser Act, as amended, the Trade Act of 1974,

as amended, the Immigration Act of 1990, and the Immigration

and Nationality Act, as amended, and of which the sums available

in the allocation for activities authorized by title III of the Social

Security Act, as amended (42 U.S.C. 502–504), and the sums available in the allocation for necessary administrative expenses for

carrying out 5 U.S.C. 8501–8523, shall be available for obligation

by the States through December 31, 2004, except that funds used

for automation acquisitions shall be available for obligation by

the States through September 30, 2006; of which $142,520,000,

together with not to exceed $768,257,000 of the amount which

may be expended from said trust fund, shall be available for obligation for the period July 1, 2004 through June 30, 2005, to fund

activities under the Act of June 6, 1933, as amended, including

the cost of penalty mail authorized under 39 U.S.C. 3202(a)(1)(E)

made available to States in lieu of allotments for such purpose:

Provided, That to the extent that the Average Weekly Insured

Unemployment (AWIU) for fiscal year 2004 is projected by the

Department of Labor to exceed 3,227,000, an additional $28,600,000

shall be available for obligation for every 100,000 increase in the

AWIU level (including a pro rata amount for any increment less

than 100,000) from the Employment Security Administration

Account of the Unemployment Trust Fund: Provided further, That

funds appropriated in this Act which are used to establish a national

one-stop career center system, or which are used to support the

national activities of the Federal-State unemployment insurance

or immigration programs, may be obligated in contracts, grants

or agreements with non-State entities: Provided further, That funds

appropriated under this Act for activities authorized under the

Wagner-Peyser Act, as amended, and title III of the Social Security

Act, may be used by the States to fund integrated Employment

Service and Unemployment Insurance automation efforts, notwithstanding cost allocation principles prescribed under Office of

Management and Budget Circular A–87.

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as

authorized by sections 905(d) and 1203 of the Social Security Act,

as amended, and to the Black Lung Disability Trust Fund as

authorized by section 9501(c)(1) of the Internal Revenue Code of

1954, as amended; and for nonrepayable advances to the Unemployment Trust Fund as authorized by section 8509 of title 5, United

States Code, and to the ‘‘Federal unemployment benefits and allowances’’ account, to remain available until September 30, 2005,

$467,000,000.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $115,824,000, including $2,393,000 to administer welfareto-work grants, together with not to exceed $57,820,000, which

may be expended from the Employment Security Administration

Account in the Unemployment Trust Fund.

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security

Administration, $124,962,000.

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation is authorized to

make such expenditures, including financial assistance authorized

by section 104 of Public Law 96–364, within limits of funds and

borrowing authority available to such Corporation, and in accord

with law, and to make such contracts and commitments without

regard to fiscal year limitations as provided by section 104 of

the Government Corporation Control Act, as amended (31 U.S.C.

9104), as may be necessary in carrying out the program, including

associated administrative expenses, through September 30, 2004

for such Corporation: Provided, That none of the funds available

to the Corporation for fiscal year 2004 shall be available for obligations for administrative expenses in excess of $228,772,000: Provided further, That obligations in excess of such amount may be

incurred after approval by the Office of Management and Budget

and the Committees on Appropriations of the House and Senate.

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employment Standards

Administration, including reimbursement to State, Federal, and

local agencies and their employees for inspection services rendered,

$392,872,000, together with $2,036,000 which may be expended

from the Special Fund in accordance with sections 39(c), 44(d)

and 44(j) of the Longshore and Harbor Workers’ Compensation

Act: Provided, That $1,250,000 shall be for the development of

an alternative system for the electronic submission of reports

required to be filed under the Labor-Management Reporting and

Disclosure Act of 1959, as amended, and for a computer database

of the information for each submission by whatever means, that

is indexed and easily searchable by the public via the Internet:

Provided further, That the Secretary of Labor is authorized to

accept, retain, and spend, until expended, in the name of the

Department of Labor, all sums of money ordered to be paid to

118 STAT. 230 PUBLIC LAW 108–199—JAN. 23, 2004

the Secretary of Labor, in accordance with the terms of the Consent

Judgment in Civil Action No. 91–0027 of the United States District

Court for the District of the Northern Mariana Islands (May 21,

1992): Provided further, That the Secretary of Labor is authorized

to establish and, in accordance with 31 U.S.C. 3302, collect and

deposit in the Treasury fees for processing applications and issuing

certificates under sections 11(d) and 14 of the Fair Labor Standards

Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing applications and issuing registrations under title I of the

Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C.

1801 et seq.).

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses

(except administrative expenses) accruing during the current or

any prior fiscal year authorized by title 5, chapter 81 of the United

States Code; continuation of benefits as provided for under the

heading ‘‘Civilian War Benefits’’ in the Federal Security Agency

Appropriation Act, 1947; the Employees’ Compensation Commission

Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims

Act of 1948 (50 U.S.C. App. 2012); and 50 percent of the additional

compensation and benefits required by section 10(h) of the

Longshore and Harbor Workers’ Compensation Act, as amended,

$163,000,000, together with such amounts as may be necessary

to be charged to the subsequent year appropriation for the payment

of compensation and other benefits for any period subsequent to

August 15 of the current year: Provided, That amounts appropriated

may be used under section 8104 of title 5, United States Code,

by the Secretary of Labor to reimburse an employer, who is not

the employer at the time of injury, for portions of the salary of

a reemployed, disabled beneficiary: Provided further, That balances

of reimbursements unobligated on September 30, 2003, shall remain

available until expended for the payment of compensation, benefits,

and expenses: Provided further, That in addition there shall be

transferred to this appropriation from the Postal Service and from

any other corporation or instrumentality required under section

8147(c) of title 5, United States Code, to pay an amount for its

fair share of the cost of administration, such sums as the Secretary

determines to be the cost of administration for employees of such

fair share entities through September 30, 2004: Provided further,

That of those funds transferred to this account from the fair share

entities to pay the cost of administration of the Federal Employees’

Compensation Act, $39,315,000 shall be made available to the Secretary as follows: (1) for enhancement and maintenance of automated data processing systems and telecommunications systems,

$11,618,000; (2) for automated workload processing operations,

including document imaging, centralized mail intake and medical

bill processing, $14,496,000; (3) for periodic roll management and

medical review, $13,201,000; and (4) the remaining funds shall

be paid into the Treasury as miscellaneous receipts: Provided further, That the Secretary may require that any person filing a

notice of injury or a claim for benefits under chapter 81 of title

5, United States Code, or 33 U.S.C. 901 et seq., provide as part

of such notice and claim, such identifying information (including

Social Security account number) as such regulations may prescribe.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 231

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health

Act of 1977, as amended by Public Law 107–275, (the ‘‘Act’’),

$300,000,000, to remain available until expended.

For making after July 31 of the current fiscal year, benefit

payments to individuals under title IV of the Act, for costs incurred

in the current fiscal year, such amounts as may be necessary.

For making benefit payments under title IV for the first quarter of fiscal year 2005, $88,000,000, to remain available until expended.

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to administer the Energy Employees

Occupational Illness Compensation Act, $55,074,000, to remain

available until expended: Provided, That the Secretary of Labor

is authorized to transfer to any executive agency with authority

under the Energy Employees Occupational Illness Compensation

Act, including within the Department of Labor, such sums as may

be necessary in fiscal year 2004 to carry out those authorities:

Provided further, That the Secretary may require that any person

filing a claim for benefits under the Act provide as part of such

claim, such identifying information (including Social Security

account number) as may be prescribed.

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

Beginning in fiscal year 2004 and thereafter, such sums as

may be necessary from the Black Lung Disability Trust Fund,

to remain available until expended, for payment of all benefits

authorized by section 9501(d)(1), (2), (4), and (7) of the Internal

Revenue Code of 1954, as amended; and interest on advances,

as authorized by section 9501(c)(2) of that Act. In addition, the

following amounts shall be available from the Fund for fiscal year

2004 for expenses of operation and administration of the Black

Lung Benefits program, as authorized by section 9501(d)(5):

$32,004,000 for transfer to the Employment Standards Administration, ‘‘Salaries and Expenses’’; $23,401,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; $338,000 for transfer

to Departmental Management, ‘‘Office of Inspector General’’; and

$356,000 for payments into miscellaneous receipts for the expenses

of the Department of the Treasury.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health Administration, $460,786,000, including not to exceed $92,505,000

which shall be the maximum amount available for grants to States

under section 23(g) of the Occupational Safety and Health Act

(the ‘‘Act’’), which grants shall be no less than 50 percent of the

costs of State occupational safety and health programs required

to be incurred under plans approved by the Secretary under section

26 USC 9501

note.

118 STAT. 232 PUBLIC LAW 108–199—JAN. 23, 2004

18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302,

the Occupational Safety and Health Administration may retain

up to $750,000 per fiscal year of training institute course tuition

fees, otherwise authorized by law to be collected, and may utilize

such sums for occupational safety and health training and education

grants: Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal year ending September 30, 2004, to collect and retain fees for services provided

to Nationally Recognized Testing Laboratories, and may utilize

such sums, in accordance with the provisions of 29 U.S.C. 9a,

to administer national and international laboratory recognition programs that ensure the safety of equipment and products used

by workers in the workplace: Provided further, That none of the

funds appropriated under this paragraph shall be obligated or

expended to prescribe, issue, administer, or enforce any standard,

rule, regulation, or order under the Act which is applicable to

any person who is engaged in a farming operation which does

not maintain a temporary labor camp and employs 10 or fewer

employees: Provided further, That no funds appropriated under

this paragraph shall be obligated or expended to administer or

enforce any standard, rule, regulation, or order under the Act

with respect to any employer of 10 or fewer employees who is

included within a category having an occupational injury lost workday case rate, at the most precise Standard Industrial Classification

Code for which such data are published, less than the national

average rate as such rates are most recently published by the

Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except—

(1) to provide, as authorized by such Act, consultation,

technical assistance, educational and training services, and to

conduct surveys and studies;

(2) to conduct an inspection or investigation in response

to an employee complaint, to issue a citation for violations

found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement

period and for any willful violations found;

(3) to take any action authorized by such Act with respect

to imminent dangers;

(4) to take any action authorized by such Act with respect

to health hazards;

(5) to take any action authorized by such Act with respect

to a report of an employment accident which is fatal to one

or more employees or which results in hospitalization of two

or more employees, and to take any action pursuant to such

investigation authorized by such Act; and

(6) to take any action authorized by such Act with respect

to complaints of discrimination against employees for exercising

rights under such Act:

Provided further, That the foregoing proviso shall not apply to

any person who is engaged in a farming operation which does

not maintain a temporary labor camp and employs 10 or fewer

employees: Provided further, That not less than $3,200,000 shall

be used to extend funding for the Institutional Competency Building

training grants which commenced in September 2000, for program

activities for the period of September 30, 2003 to September 30,

2004, provided that a grantee has demonstrated satisfactory

performance.

29 USC 670 note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 233

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health

Administration, $270,826,000, including purchase and bestowal of

certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including

$100,000 for an award to the Stolar Research Corporation to further

develop and demonstrate electromagnetic wave detection technology, and other purposes, in Allegheny County, Pennsylvania;

including $1,000,000 for an award to the National Technology

Transfer Center for a coal slurry impoundment pilot project in

southern West Virginia; including up to $2,000,000 for mine rescue

and recovery activities; in addition, not to exceed $750,000 may

be collected by the National Mine Health and Safety Academy

for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine

safety and health education and training activities, notwithstanding

31 U.S.C. 3302; and, in addition, the Mine Safety and Health

Administration may retain up to $1,000,000 from fees collected

for the approval and certification of equipment, materials, and

explosives for use in mines, and may utilize such sums for such

activities; the Secretary is authorized to accept lands, buildings,

equipment, and other contributions from public and private sources

and to prosecute projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and Health Administration

is authorized to promote health and safety education and training

in the mining community through cooperative programs with States,

industry, and safety associations; and any funds available to the

department may be used, with the approval of the Secretary, to

provide for the costs of mine rescue and survival operations in

the event of a major disaster.

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics,

including advances or reimbursements to State, Federal, and local

agencies and their employees for services rendered, $447,088,000,

together with not to exceed $75,110,000, which may be expended

from the Employment Security Administration Account in the

Unemployment Trust Fund, of which $5,000,000 may be used to

fund the mass layoff statistics program under section 15 of the

Wagner-Peyser Act (29 U.S.C. 49l–2).

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment

Policy to provide leadership, develop policy and initiatives, and

award grants furthering the objective of eliminating barriers to

the training and employment of people with disabilities,

$47,333,000.

30 USC 962.

118 STAT. 234 PUBLIC LAW 108–199—JAN. 23, 2004

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for Departmental Management,

including the hire of three sedans, and including the management

or operation, through contracts, grants or other arrangements of

Departmental activities conducted by or through the Bureau of

International Labor Affairs, including bilateral and multilateral

technical assistance and other international labor activities,

$48,565,000, for the acquisition of Departmental information technology, architecture, infrastructure, equipment, software and

related needs which will be allocated by the Department’s Chief

Information Officer in accordance with the Department’s capital

investment management process to assure a sound investment

strategy; $352,514,000; together with not to exceed $316,000, which

may be expended from the Employment Security Administration

Account in the Unemployment Trust Fund: Provided, That no funds

made available by this Act may be used by the Solicitor of Labor

to participate in a review in any United States court of appeals

of any decision made by the Benefits Review Board under section

21 of the Longshore and Harbor Workers’ Compensation Act (33

U.S.C. 921) where such participation is precluded by the decision

of the United States Supreme Court in Director, Office of Workers’

Compensation Programs v. Newport News Shipbuilding, 115 S.

Ct. 1278 (1995), notwithstanding any provisions to the contrary

contained in Rule 15 of the Federal Rules of Appellate Procedure:

Provided further, That no funds made available by this Act may

be used by the Secretary of Labor to review a decision under

the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.

901 et seq.) that has been appealed and that has been pending

before the Benefits Review Board for more than 12 months: Provided further, That any such decision pending a review by the

Benefits Review Board for more than 1 year shall be considered

affirmed by the Benefits Review Board on the 1-year anniversary

of the filing of the appeal, and shall be considered the final order

of the Board for purposes of obtaining a review in the United

States courts of appeals: Provided further, That these provisions

shall not be applicable to the review or appeal of any decision

issued under the Black Lung Benefits Act (30 U.S.C. 901 et seq.):

Provided further, That of the funds provided under this heading,

$150,000 shall be for a grant to the International Center on Child

Labor and Education.

VETERANS EMPLOYMENT AND TRAINING

Not to exceed $193,443,000 may be derived from the Employment Security Administration Account in the Unemployment Trust

Fund to carry out the provisions of 38 U.S.C. 4100–4110A, 4212,

4214, and 4321–4327, and Public Law 103–353, and which shall

be available for obligation by the States through December 31,

2004, of which $2,000,000 is for the National Veterans’ Employment

and Training Services Institute. To carry out the Homeless Veterans

Reintegration Programs (38 U.S.C. 2021) and the Veterans

Workforce Investment Programs (29 U.S.C. 2913), $26,550,000 of

which $7,550,000 shall be available for obligation for the period

July 1, 2004 through June 30, 2005.

33 USC 921 note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 235

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $60,094,000, together with not to exceed

$5,730,000, which may be expended from the Employment Security

Administration Account in the Unemployment Trust Fund.

WORKING CAPITAL FUND

For the acquisition of a new core accounting system for the

Department of Labor, including hardware and software infrastructure and the costs associated with implementation thereof,

$13,850,000.

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in this title for

the Job Corps shall be used to pay the compensation of an individual, either as direct costs or any proration as an indirect cost,

at a rate in excess of Executive Level II.

(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds

(pursuant to the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended) which are appropriated for the current

fiscal year for the Department of Labor in this Act may be transferred between appropriations, but no such appropriation shall be

increased by more than 3 percent by any such transfer: Provided,

That the Appropriations Committees of both Houses of Congress

are notified at least 15 days in advance of any transfer.

SEC. 103. In accordance with Executive Order No. 13126, none

of the funds appropriated or otherwise made available pursuant

to this Act shall be obligated or expended for the procurement

of goods mined, produced, manufactured, or harvested or services

rendered, whole or in part, by forced or indentured child labor

in industries and host countries already identified by the United

States Department of Labor prior to enactment of this Act.

SEC. 104. There is authorized to be appropriated such sums

as may be necessary to the Denali Commission through the Department of Labor to conduct job training of the local workforce where

Denali Commission projects will be constructed.

SEC. 105. Of the funds appropriated for fiscal year 1999 under

section 403(a)(5)(H)(i)(II) of the Social Security Act (42 U.S.C.

603(a)(5)(H)(i)(II)) that were allotted as welfare to work formula

grants to the States under section 403(a)(5)(A) of such Act (42

U.S.C. 603(a)(5)(A)), there is hereby rescinded any funds that are

unexpended by the States as of the date of enactment of this

section, except for such funds as the Secretary of Labor determines

are necessary for States to carry out administrative activities

relating to the close out of such grants. Notwithstanding section

403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)), the Secretary of Labor may take such actions as the Secretary determines

are appropriate to facilitate the orderly and equitable close out

of such grants, consistent with the requirements of this section.

SEC. 106. (a) FINDINGS.—Congress finds that—

Notification.

118 STAT. 236 PUBLIC LAW 108–199—JAN. 23, 2004

(1) it is projected that the Department of Labor, in conjunction with labor, industry, and the National Institute for Occupational Safety and Health, will be undertaking several months

of testing on Personal Dust Monitor production prototypes;

and

(2) the testing of Personal Dust Monitor prototypes is set

to begin (by late May or early June of 2004) following the

scheduled delivery of the Personal Dust Monitors in May 2004.

(b) RE-PROPOSAL OF RULE.—Following the successful demonstration of Personal Dust Monitor technology, and if the Secretary

of Labor makes a determination that Personal Dust Monitors can

be effectively applied in a regulatory scheme, the Secretary of

Labor shall re-propose a rule on respirable coal dust which incorporates the use of Personal Dust Monitors, and, if such rule is

re-proposed, the Secretary shall comply with the regular procedures

applicable to Federal rulemaking.

SEC. 107. The Secretary of Labor shall transfer, without charge

or consideration, to Hamilton County, Ohio all rights, title, and

interest (including all Federal equity) the United States holds in

the real property located at 1916 Central Parkway, Cincinnati,

Ohio to the extent such rights, title, or interest were acquired

through grants to the State of Ohio under title III of the Social

Security Act or the Wagner-Peyser Act or acquired through funds

distributed to the State of Ohio under section 903 of the Social

Security Act.

SEC. 108. FAIR LABOR STANDARDS ACT WOODWORKING EXEMPTION. Section 13(c) of the Fair Labor Standards Act of 1938 (29

U.S.C. 213(c)) is amended by adding at the end the following:

‘‘(7)(A)(i) Subject to subparagraph (B), in the administration

and enforcement of the child labor provisions of this Act, it shall

not be considered oppressive child labor for a new entrant into

the workforce to be employed inside or outside places of business

where machinery is used to process wood products.

‘‘(ii) In this paragraph, the term ‘new entrant into the workforce’

means an individual who—

‘‘(I) is under the age of 18 and at least the age of 14,

and

‘‘(II) by statute or judicial order is exempt from compulsory

school attendance beyond the eighth grade.

‘‘(B) The employment of a new entrant into the workforce

under subparagraph (A) shall be permitted—

‘‘(i) if the entrant is supervised by an adult relative of

the entrant or is supervised by an adult member of the same

religious sect or division as the entrant;

‘‘(ii) if the entrant does not operate or assist in the operation

of power-driven woodworking machines;

‘‘(iii) if the entrant is protected from wood particles or

other flying debris within the workplace by a barrier appropriate to the potential hazard of such wood particles or flying

debris or by maintaining a sufficient distance from machinery

in operation; and

‘‘(iv) if the entrant is required to use personal protective

equipment to prevent exposure to excessive levels of noise and

saw dust.’’.

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2004’’.

Ohio.

Real property.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 237

TITLE II—DEPARTMENT OF HEALTH AND HUMAN

SERVICES

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and

XXVI of the Public Health Service Act, section 427(a) of the Federal

Coal Mine Health and Safety Act, title V (including section 510),

and sections 1128E, 711 and 1820 of the Social Security Act, the

Health Care Quality Improvement Act of 1986, as amended, the

Native Hawaiian Health Care Act of 1988, as amended, the Cardiac

Arrest Survival Act of 2000, and the Poison Control Center

Enhancement and Awareness Act, $6,698,437,000, of which

$367,563,000 shall be available for construction and renovation

(including equipment) of health care and other facilities, abstinence

education and related services, and other health-related activities

as specified in the statement of the managers on the conference

report accompanying this Act, and of which $39,740,000 from general revenues, notwithstanding section 1820(j) of the Social Security

Act, shall be available for carrying out the Medicare rural hospital

flexibility grants program under section 1820 of such Act: Provided,

That of the funds made available under this heading, $250,000

shall be available until expended for facilities renovations at the

Gillis W. Long Hansen’s Disease Center: Provided further, That

in addition to fees authorized by section 427(b) of the Health Care

Quality Improvement Act of 1986, fees shall be collected for the

full disclosure of information under the Act sufficient to recover

the full costs of operating the National Practitioner Data Bank,

and shall remain available until expended to carry out that Act:

Provided further, That fees collected for the full disclosure of

information under the ‘‘Health Care Fraud and Abuse Data Collection Program’’, authorized by section 1128E(d)(2) of the Social Security Act, shall be sufficient to recover the full costs of operating

the program, and shall remain available until expended to carry

out that Act: Provided further, That $25,000,000 of the funding

provided for community health centers shall be used for base grant

adjustments for existing centers: Provided further, That no more

than $4,850,000 is available for carrying out the provisions of

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, That of

the funds made available under this heading, $280,000,000 shall

be for the program under title X of the Public Health Service

Act to provide for voluntary family planning projects: Provided

further, That amounts provided to said projects under such title

shall not be expended for abortions, that all pregnancy counseling

shall be nondirective, and that such amounts shall not be expended

for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That $753,317,000 shall be for State AIDS Drug

Assistance Programs authorized by section 2616 of the Public

Abortion.

Family planning.

Department of

Health and

Human Services

Appropriations

Act, 2004.

118 STAT. 238 PUBLIC LAW 108–199—JAN. 23, 2004

Health Service Act: Provided further, That in addition to amounts

provided herein, $25,000,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry

out parts A, B, C, and D of title XXVI of the Public Health Service

Act to fund section 2691 Special Projects of National Significance:

Provided further, That notwithstanding section 502(a)(1) of the

Social Security Act, not to exceed $121,130,000 is available for

carrying out special projects of regional and national significance

pursuant to section 501(a)(2) of such Act: Provided further, That

$70,488,000 is available for special projects of regional and national

significance under section 501(a)(2) of the Social Security Act, which

shall not be counted toward compliance with the allocation required

in section 502(a)(1) of such Act, and which shall be used only

for making competitive grants to provide abstinence education (as

defined in section 510(b)(2) of such Act) to adolescents and for

Federal costs of administering the grants: Provided further, That

grants under the immediately preceding proviso shall be made

only to public and private entities which agree that, with respect

to an adolescent to whom the entities provide abstinence education

under such grant, the entities will not provide to that adolescent

any other education regarding sexual conduct, except that, in the

case of an entity expressly required by law to provide health

information or services the adolescent shall not be precluded from

seeking health information or services from the entity in a different

setting than the setting in which the abstinence education was

provided: Provided further, That in addition to amounts provided

herein for abstinence education to adolescents, $4,500,000 shall

be available from amounts available under section 241 of the Public

Health Service Act to carry out evaluations (including longitudinal

evaluations) of adolescent pregnancy prevention approaches.

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

Such sums as may be necessary to carry out the purpose

of the program, as authorized by title VII of the Public Health

Service Act, as amended. For administrative expenses to carry

out the guaranteed loan program, including section 709 of the

Public Health Service Act, $3,389,000.

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program

Trust Fund, such sums as may be necessary for claims associated

with vaccine-related injury or death with respect to vaccines

administered after September 30, 1988, pursuant to subtitle 2 of

title XXI of the Public Health Service Act, to remain available

until expended: Provided, That for necessary administrative

expenses, not to exceed $3,222,000 shall be available from the

Trust Fund to the Secretary of Health and Human Services.

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and

XXVI of the Public Health Service Act, sections 101, 102, 103,

201, 202, 203, 301, and 501 of the Federal Mine Safety and Health

Act of 1977, sections 20, 21, and 22 of the Occupational Safety

Grants.

Abstinence.

PUBLIC LAW 108–199—JAN. 23, 2004 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 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 longterm ground lease for construction on non-Federal land, to support

the construction of a replacement laboratory in the Fort Collins,

Colorado area: Provided further, That notwithstanding any other

provision of law, a single contract or related contracts for development and construction of facilities may be employed which collectively include the full scope of the project: Provided further, That

the solicitation and contract shall contain the clause ‘‘availability

of funds’’ found at 48 CFR 52.232–18.

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to cancer, $4,770,519,000.

Notification.

118 STAT. 240 PUBLIC LAW 108–199—JAN. 23, 2004

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to cardiovascular, lung, and blood diseases,

and blood and blood products, $2,897,145,000.

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

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

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to diabetes and digestive and kidney disease, $1,682,457,000.

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to neurological disorders and stroke,

$1,510,776,000.

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(INCLUDING TRANSFER OF FUNDS)

For carrying out section 301 and title IV of the Public Health

Service Act with respect to allergy and infectious diseases,

$4,335,155,000: Provided, That $150,000,000 may be made available

to International Assistance Programs, ‘‘Global Fund to Fight HIV/

AIDS, Malaria, and Tuberculosis’’, to remain available until

expended.

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public Health

Service Act with respect to child health and human development,

$1,250,585,000.

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to eye diseases and visual disorders,

$657,199,000.

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out sections 301 and 311 and title IV of the

Public Health Service Act with respect to environmental health

sciences, $636,974,000.

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health

Service Act with respect to aging, $1,031,311,000.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 241

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN

DISEASES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to arthritis and musculoskeletal and skin

diseases, $504,300,000.

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the Public Health

Service Act with respect to deafness and other communication disorders, $384,477,000.

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public Health

Service Act with respect to nursing research, $135,555,000.

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public Health

Service Act with respect to alcohol abuse and alcoholism,

$431,471,000.

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to drug abuse, $997,414,000.

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public Health

Service Act with respect to mental health, $1,390,714,000.

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to human genome research, $482,222,000.

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the Public Health

Service Act with respect to biomedical imaging and bioengineering

research, $288,900,000.

NATIONAL CENTER FOR RESEARCH RESOURCES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to research resources and general research

support grants, $1,186,183,000: Provided, That none of these funds

shall be used to pay recipients of the general research support

grants program any amount for indirect expenses in connection

with such grants: Provided further, That $119,220,000 shall be

for extramural facilities construction grants.

118 STAT. 242 PUBLIC LAW 108–199—JAN. 23, 2004

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to complementary and alternative medicine, $117,752,000.

NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the Public Health

Service Act with respect to minority health and health disparities

research, $192,724,000.

JOHN E. FOGARTY INTERNATIONAL CENTER

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

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public Health

Service Act with respect to health information communications,

$311,635,000, of which $4,000,000 shall be available until expended

for improvement of information systems: Provided, That in fiscal

year 2004, the Library may enter into personal services contracts

for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health:

Provided further, That in addition to amounts provided herein,

$8,200,000 shall be available from amounts available under section

241 of the Public Health Service Act to carry out National Information Center on Health Services Research and Health Care Technology and related health services.

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

For carrying out the responsibilities of the Office of the Director,

National Institutes of Health, $329,707,000, of which up to

$7,500,000 shall be used to carry out section 221 of this Act:

Provided, That funding shall be available for the purchase of not

to exceed 29 passenger motor vehicles for replacement only: Provided further, That the Director may direct up to 1 percent of

the total amount made available in this or any other Act to all

National Institutes of Health appropriations to activities the

Director may so designate: Provided further, That no such appropriation shall be decreased by more than 1 percent by any such

transfers and that the Congress is promptly notified of the transfer:

Provided further, That the National Institutes of Health is authorized to collect third party payments for the cost of clinical services

that are incurred in National Institutes of Health research facilities

and that such payments shall be credited to the National Institutes

of Health Management Fund: Provided further, That all funds credited to the National Institutes of Health Management Fund shall

remain available for 1 fiscal year after the fiscal year in which

they are deposited: Provided further, That up to $500,000 shall

be available to carry out section 499 of the Public Health Service

Act.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 243

BUILDINGS AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For the study of, construction of, renovation of, and acquisition

of equipment for, facilities of or used by the National Institutes

of Health, including the acquisition of real property, $89,500,000,

to remain available until expended: Provided, That notwithstanding

any other provision of law, single contracts or related contracts,

which collectively include the full scope of the project, may be

employed for the development and construction of the first and

second phases of the John Edward Porter Neuroscience Research

Center: Provided further, That the solicitations and contracts shall

contain the clause ‘‘availability of funds’’ found at 48 CFR 52.232–

18.

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out titles V and XIX of the Public Health Service

Act with respect to substance abuse and mental health services,

the Protection and Advocacy for Mentally Ill Individuals Act of

1986, and section 301 of the Public Health Service Act with respect

to program management, $3,253,763,000: Provided, That in addition

to amounts provided herein, $79,200,000 shall be available from

amounts available under section 241 of the Public Health Service

Act to carry out subpart II of title XIX of the Public Health Service

Act to fund section 1935(b) technical assistance, national data,

data collection and evaluation activities, and further that the total

available under this Act for section 1935(b) activities shall not

exceed 5 percent of the amounts appropriated for subpart II of

title XIX: Provided further, That in addition to the amounts provided

herein, $21,850,000 shall be available from amounts available under

section 241 of the Public Health Service Act to carry out subpart

I of part B of title XIX of the Public Health Service Act to fund

section 1920(b) technical assistance, data collection and program

evaluation activities, and further that the total available under

this Act for section 1920(b) activities shall not exceed 5 percent

of the amounts appropriated for subpart I of part B of title XIX:

Provided further, That in addition to amounts provided herein,

$16,000,000 shall be made available from amounts available under

section 241 of the Public Health Service Act to carry out national

surveys on drug abuse.

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the Public Health Service

Act, and part A of title XI of the Social Security Act, amounts

received from Freedom of Information Act fees, reimbursable and

interagency agreements, and the sale of data shall be credited

to this appropriation and shall remain available until expended:

Provided, That the amount made available pursuant to section

927(c) of the Public Health Service Act shall not exceed

$303,695,000: Provided further, That, of the funds made available

under this heading, $12,000,000 shall be for the conduct of research

118 STAT. 244 PUBLIC LAW 108–199—JAN. 23, 2004

on the comparative clinical effectiveness, cost-effectiveness, and

safety of drugs, biological products, and devices.

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and

XIX of the Social Security Act, $130,892,197,000, to remain available until expended.

For making, after May 31, 2004, payments to States under

title XIX of the Social Security Act for the last quarter of fiscal

year 2004 for unanticipated costs, incurred for the current fiscal

year, such sums as may be necessary.

For making payments to States or in the case of section 1928

on behalf of States under title XIX of the Social Security Act

for the first quarter of fiscal year 2005, $58,416,275,000, to remain

available until expended.

Payment under title XIX may be made for any quarter with

respect to a State plan or plan amendment in effect during such

quarter, if submitted in or prior to such quarter and approved

in that or any subsequent quarter.

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal

Supplementary Medical Insurance Trust Funds, as provided under

section 1844 of the Social Security Act, sections 103(c) and 111(d)

of the Social Security Amendments of 1965, section 278(d) of Public

Law 97–248, and for administrative expenses incurred pursuant

to section 201(g) of the Social Security Act, $95,084,100,000.

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII,

XIX, and XXI of the Social Security Act, titles XIII and XXVII

of the Public Health Service Act, and the Clinical Laboratory

Improvement Amendments of 1988, not to exceed $2,664,994,000,

to be transferred from the Federal Hospital Insurance and the

Federal Supplementary Medical Insurance Trust Funds, as authorized by section 201(g) of the Social Security Act; together with

all funds collected in accordance with section 353 of the Public

Health Service Act and section 1857(e)(2) of the Social Security

Act, and such sums as may be collected from authorized user

fees and the sale of data, which shall remain available until

expended, and together with administrative fees collected relative

to Medicare overpayment recovery activities, which shall remain

available until expended: Provided, That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under

title XIII of the Public Health Service Act shall be credited to

and available for carrying out the purposes of this appropriation:

Provided further, That $30,000,000, to remain available until September 30, 2005, is for contract costs for CMS’s Systems Revitalization Plan: Provided further, That $56,991,000, to remain available

until September 30, 2005, is for contract costs for the Healthcare

Integrated General Ledger Accounting System: Provided further,

That of the amounts made available for research, demonstration

and evaluation, $100,000 is available for Advocate Health Care

PUBLIC LAW 108–199—JAN. 23, 2004 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 MidValley 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

118 STAT. 246 PUBLIC LAW 108–199—JAN. 23, 2004

for Santa Clara County, California, for its Children’s Health Initiative program to provide outreach and enrollment assistance for

families under 300 percent of Federal poverty level, $664,000 is

available for Sharon Regional Health System, Sharon, Pennsylvania, for stabilizing the workforce for patient care, $25,000 is

available for Sickle Cell Medical Treatment & Education Center,

St. Louis Children’s Hospital, St. Louis, Missouri, to improve the

academic achievement of children with Sickle Cell Disease with

specific cognitive rehabilitation, $111,000 is available for Tyler

Memorial Hospital, Tunkhannock, Pennsylvania, for stabilizing the

workforce for patient care, $174,000 is available for United Community Hospital, Grove City, Pennsylvania, for stabilizing the

workforce for patient care, $503,000 is available for UPMC Horizon,

Farrell, Pennsylvania, for stabilizing the workforce for patient care,

$613,000 is available for Williamsport Hospital & Medical Center,

Williamsport, Pennsylvania, for stabilizing the workforce for patient

care, and $965,000 is available for Wyoming Valley Health Care

System, Wilkes-Barre, Pennsylvania, for stabilizing the workforce

for patient care: Provided further, That the Secretary of Health

and Human Services is directed to collect fees in fiscal year 2004

from Medicare∂Choice organizations pursuant to section 1857(e)(2)

of the Social Security Act and from eligible organizations with

risk-sharing contracts under section 1876 of that Act pursuant

to section 1876(k)(4)(D) of that Act: Provided further, that to the

extent Medicare claims processing unit costs are projected by the

Centers for Medicare & Medicaid Services to exceed $0.87 for part

A claims and/or $0.65 for part B claims, up to an additional

$18,000,000 may be available for obligation for every $0.04 increase

in Medicare claims processing unit costs from the Federal Hospital

Insurance and the Federal Supplementary Medical Insurance Trust

Funds. The calculation of projected unit costs shall be derived

in the same manner in which the estimated unit costs were calculated for the Federal budget estimate for the fiscal year.

HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE

FUND

For carrying out subsections (d) and (e) of section 1308 of

the Public Health Service Act, any amounts received by the Secretary in connection with loans and loan guarantees under title

XIII of the Public Health Service Act, to be available without

fiscal year limitation for the payment of outstanding obligations.

During fiscal year 2004, no commitments for direct loans or loan

guarantees shall be made.

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For making payments to States or other non-Federal entities

under titles I, IV–D, X, XI, XIV, and XVI of the Social Security

Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), $3,292,970,000,

to remain available until expended; and for such purposes for the

first quarter of fiscal year 2005, $1,200,000,000, to remain available

until expended.

For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV–

PUBLIC LAW 108–199—JAN. 23, 2004 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.

LOW-INCOME HOME ENERGY ASSISTANCE

For making payments under title XXVI of the Omnibus Budget

Reconciliation Act of 1981, $1,800,000,000.

For making payments under title XXVI of the Omnibus Budget

Reconciliation Act of 1981, $100,000,000, to remain available until

expended: Provided, That these funds are for the unanticipated

home energy assistance needs of one or more States, as authorized

by section 2604(e) of the Act, and notwithstanding the designation

requirement of section 2602(e).

REFUGEE AND ENTRANT ASSISTANCE

For necessary expenses for refugee and entrant assistance

activities authorized by title IV of the Immigration and Nationality

Act and section 501 of the Refugee Education Assistance Act of

1980 (Public Law 96–422), for carrying out section 462 of the

Homeland Security Act of 2002 (Public Law 107–296), and for

carrying out section 5 of the Torture Victims Relief Act of 1998

(Public Law 105–320), $450,276,000, of which up to $9,968,000

shall be available to carry out the Trafficking Victims Protection

Act of 2000 (Public Law 106–386; division A): Provided, That funds

appropriated under this heading pursuant to section 414(a) of the

Immigration and Nationality Act for fiscal year 2004 shall be available for the costs of assistance provided and other activities, to

remain available through September 30, 2006.

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For carrying out sections 658A through 658R of the Omnibus

Budget Reconciliation Act of 1981 (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:

118 STAT. 248 PUBLIC LAW 108–199—JAN. 23, 2004

Provided further, That $9,864,000 shall be for use by the Secretary

for child care research, demonstration, and evaluation activities.

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Provided, That notwithstanding

subparagraph (B) of section 404(d)(2) of such Act, the applicable

percent specified under such subparagraph for a State to carry

out State programs pursuant to title XX of such Act shall be

10 percent.

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway

and Homeless Youth Act, the Developmental Disabilities Assistance

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 310 and 316 of the Family Violence

Prevention and Services Act, as amended, the Native American

Programs Act of 1974, title II of Public Law 95–266 (adoption

opportunities), the Adoption and Safe Families Act of 1997 (Public

Law 105–89), sections 1201 and 1211 of the Children’s Health

Act of 2000, the Abandoned Infants Assistance Act of 1988, sections

261 and 291 of the Help America Vote Act of 2002, the Early

Learning Opportunities Act, part B(1) of title IV and sections 413,

429A, 1110, and 1115 of the Social Security Act, and sections

40155, 40211, and 40241 of Public Law 103–322; for making payments under the Community Services Block Grant Act, sections

439(h), 473A, and 477(i) of the Social Security Act, and title IV

of Public Law 105–285, and for necessary administrative expenses

to carry out said Acts and titles I, IV, X, XI, XIV, XVI, and

XX of the Social Security Act, the Act of July 5, 1960 (24 U.S.C.

ch. 9), the Omnibus Budget Reconciliation Act of 1981, title IV

of the Immigration and Nationality Act, section 501 of the Refugee

Education Assistance Act of 1980, section 5 of the Torture Victims

Relief Act of 1998 (Public Law 105–320), sections 40155, 40211,

and 40241 of Public Law 103–322, and section 126 and titles IV

and V of Public Law 100–485, $8,816,097,000, of which $7,500,000,

to remain available until September 30, 2005, shall be for grants

to States for adoption incentive payments, as authorized by section

473A of title IV of the Social Security Act (42 U.S.C. 670–679)

and may be made for adoptions completed before September 30,

2004: Provided, That funds appropriated in Public Law 108–7 for

grants to States as authorized by section 473A of title IV of the

Social Security Act shall also be available for adoption incentive

payments for adoptions completed before September 30, 2004: Provided further, That $6,815,570,000 shall be for making payments

under the Head Start Act, of which $1,400,000,000 shall become

available October 1, 2004 and remain available through September

30, 2005: Provided further, That $735,686,000 shall be for making

payments under the Community Services Block Grant Act: Provided

further, That not less than $7,227,000 shall be for section 680(3)(B)

of the Community Services Block Grant Act, as amended: Provided

further, That in addition to amounts provided herein, $6,000,000

shall be available from amounts available under section 241 of

the Public Health Service Act to carry out the provisions of section

1110 of the Social Security Act: Provided further, That to the

extent Community Services Block Grant funds are distributed as

PUBLIC LAW 108–199—JAN. 23, 2004 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, That the Secretary shall establish procedures

regarding the disposition of intangible property which permits grant

funds, or intangible assets acquired with funds authorized under

section 680 of the Community Services Block Grant Act, as

amended, to become the sole property of such grantees after a

period of not more than 12 years after the end of the grant for

purposes and uses consistent with the original grant: Provided

further, That funds appropriated for section 680(a)(2) of the Community Services Block Grant Act, as amended, shall be available

for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corporations: Provided further, That $89,978,000 shall be for

activities authorized by the Runaway and Homeless Youth Act,

notwithstanding the allocation requirements of section 388(a) of

such Act, of which $40,505,000 is for the transitional living program:

Provided further, That $48,000,000 is for a compassion capital fund

to provide grants to charitable organizations to emulate model

social service programs and to encourage research on the best

practices of social service organizations: Provided further, That

$15,000,000 shall be for activities authorized by the Help America

Vote Act of 2002, of which $10,000,000 shall be for payments

to States to promote disabled voter access, and of which $5,000,000

shall be for payments to States for disabled voters protection and

advocacy systems.

PROMOTING SAFE AND STABLE FAMILIES

For carrying out section 436 of the Social Security Act,

$305,000,000 and for section 437, $100,000,000.

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities

under title IV–E of the Social Security Act, $5,068,300,000.

For making payments to States or other non-Federal entities

under title IV–E of the Act, for the first quarter of fiscal year

2005, $1,767,700,000.

For making, after May 31 of the current fiscal year, payments

to States or other non-Federal entities under section 474 of title

IV–E, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as

may be necessary.

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the

Older Americans Act of 1965, as amended, and section 398 of

the Public Health Service Act, $1,381,689,000, of which $5,500,000

shall be available for activities regarding medication management,

screening, and education to prevent incorrect medication and

Procedures.

42 USC 9921

note.

118 STAT. 250 PUBLIC LAW 108–199—JAN. 23, 2004

adverse drug reactions; and of which $2,842,000 shall remain available until September 30, 2006, for the White House Conference

on Aging.

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general

departmental management, including hire of six sedans, and for

carrying out titles III, XVII, XX, and XXI of the Public Health

Service Act, and the United States-Mexico Border Health Commission Act, $357,358,000, together with $5,851,000 to be transferred

and expended as authorized by section 201(g)(1) of the Social Security Act from the Hospital Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund: Provided, That of the funds

made available under this heading for carrying out title XX of

the Public Health Service Act, $11,885,000 shall be for activities

specified under section 2003(b)(2), of which $10,157,000 shall be

for prevention service demonstration grants under section 510(b)(2)

of title V of the Social Security Act, as amended, without application

of the limitation of section 2010(c) of said title XX: Provided further,

That of this amount, $49,838,000 is for minority AIDS prevention

and treatment activities; and $15,000,000 shall be for an Information Technology Security and Innovation Fund for Departmentwide activities involving cybersecurity, information technology security, and related innovation projects, and $5,000,000 is to assist

Afghanistan in the development of maternal and child health clinics,

consistent with section 103(a)(4)(H) of the Afghanistan Freedom

Support Act of 2002.

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $39,497,000: Provided, That, of such amount,

necessary sums are available for providing protective services to

the Secretary and investigating non-payment of child support cases

for which non-payment is a Federal offense under 18 U.S.C. 228.

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, $30,936,000, together with not to exceed $3,314,000 to be transferred and expended as authorized by section 201(g)(1) of the Social

Security Act from the Hospital Insurance Trust Fund and the

Supplemental Medical Insurance Trust Fund.

POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research

studies under section 1110 of the Social Security Act and title

III of the Public Health Service Act, $20,750,000, which shall be

available from amounts available under section 241 of the Public

Health Service Act to carry out national health or human services

research and evaluation activities: Provided, That the expenditure

of any funds available under section 241 of the Public Health

Service Act are subject to the requirements of section 205 of this

Act.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 251

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health

Service Commissioned Officers as authorized by law, for payments

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, for medical care of dependents and retired

personnel under the Dependents’ Medical Care Act (10 U.S.C. ch.

55 and 56), and for payments pursuant to section 229(b) of the

Social Security Act (42 U.S.C. 429(b)), such amounts as may be

required during the current fiscal year. The following are definitions

for the medical benefits of the Public Health Service Commissioned

Officers that apply to 10 U.S.C. chapter 56, section 1116(c). The

source of funds for the monthly accrual payments into the Department of Defense Medicare-Eligible Retiree Health Care Fund shall

be the Retirement Pay and Medical Benefits for Commissioned

Officers account. For purposes of this Act, the term ‘‘pay of members’’ shall be construed to be synonymous with retirement payments to United States Public Health Service officers who are

retired for age, disability, or length of service; payments to survivors

of deceased officers; medical care to active duty and retired members

and dependents and beneficiaries; and for payments to the Social

Security Administration for military service credits; all of which

payments are provided for by the Retirement Pay and Medical

Benefits for Commissioned Officers account.

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, disease and chemical threats to civilian

populations, $1,726,846,000: Provided, That this amount is distributed as follows: Centers for Disease Control and Prevention,

$1,116,156,000; Office of the Secretary, $64,820,000; and Health

Resources and Services Administration, $545,870,000: Provided further, That at the discretion of the Secretary of Health and Human

Services, these amounts may be transferred between categories

subject to normal reprogramming procedures: Provided further,

That employees of the Centers for Disease Control and Prevention

or the Public Health Service, both civilian and Commissioned Officers, detailed to States, municipalities, or other organizations under

authority of section 214 of the Public Health Service Act for purposes related to homeland security, shall be treated as non-Federal

employees for reporting purposes only and shall not be included

within any personnel ceiling applicable to the Agency, Service,

or the Department of Health and Human Services during the period

of detail or assignment.

In addition, for activities to ensure a year-round influenza

vaccine production capacity and the development and implementation of rapidly expandable influenza vaccine production technologies, $50,000,000, to remain available until expended.

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available

for not to exceed $50,000 for official reception and representation

expenses when specifically approved by the Secretary.

SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service

118 STAT. 252 PUBLIC LAW 108–199—JAN. 23, 2004

to assist in child survival activities and to work in AIDS programs

through and with funds provided by the Agency for International

Development, the United Nations International Children’s Emergency Fund or the World Health Organization.

SEC. 203. None of the funds appropriated under this Act may

be used to implement section 399F(b) of the Public Health Service

Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103–43.

SEC. 204. None of the funds appropriated in this Act for the

National Institutes of Health, the Agency for Healthcare Research

and Quality, and the Substance Abuse and Mental Health Services

Administration shall be used to pay the salary of an individual,

through a grant or other extramural mechanism, at a rate in

excess of Executive Level I.

SEC. 205. None of the funds appropriated in this Act may

be expended pursuant to section 241 of the Public Health Service

Act, except for funds specifically provided for in this Act, or for

other taps and assessments made by any office located in the

Department of Health and Human Services, prior to the Secretary’s

preparation and submission of a report to the Committee on Appropriations of the Senate and of the House detailing the planned

uses of such funds.

SEC. 206. Notwithstanding section 241(a) of the Public Health

Service Act, such portion as the Secretary shall determine, but

not more than 2.2 percent, of any amounts appropriated for programs authorized under said Act shall be made available for the

evaluation (directly, or by grants or contracts) of the implementation

and effectiveness of such programs.

(TRANSFER OF FUNDS)

SEC. 207. Not to exceed 1 percent of any discretionary funds

(pursuant to the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended) which are appropriated for the current

fiscal year for the Department of Health and Human Services

in this Act may be transferred between appropriations, but no

such appropriation shall be increased by more than 3 percent by

any such transfer: Provided, That an appropriation may be

increased by up to an additional 2 percent subject to approval

by the House and Senate Committees on Appropriations: Provided

further, That the Appropriations Committees of both Houses of

Congress are notified at least 15 days in advance of any transfer.

SEC. 208. The Director of the National Institutes of Health,

jointly with the Director of the Office of AIDS Research, may

transfer up to 3 percent among institutes, centers, and divisions

from the total amounts identified by these two Directors as funding

for research pertaining to the human immunodeficiency virus: Provided, That the Congress is promptly notified of the transfer.

SEC. 209. Of the amounts made available in this Act for the

National Institutes of Health, the amount for research related to

the human immunodeficiency virus, as jointly determined by the

Director of the National Institutes of Health and the Director of

the Office of AIDS Research, shall be made available to the ‘‘Office

of AIDS Research’’ account. The Director of the Office of AIDS

Research shall transfer from such account amounts necessary to

carry out section 2353(d)(3) of the Public Health Service Act.

SEC. 210. None of the funds appropriated in this Act may

be made available to any entity under title X of the Public Health

Notification.

Notification.

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 254 PUBLIC LAW 108–199—JAN. 23, 2004

laws prohibiting the sale of tobacco products to individuals under

18 years of age.

(b) The amount of funds to be committed by a State under

subsection (a) shall be equal to 1 percent of such State’s substance

abuse block grant allocation for each percentage point by which

the State misses the retailer compliance rate goal established by

the Secretary of Health and Human Services under section 1926

of such Act.

(c) The State is to maintain State expenditures in fiscal year

2004 for tobacco prevention programs and for compliance activities

at a level that is not less than the level of such expenditures

maintained by the State for fiscal year 2003, and adding to that

level the additional funds for tobacco compliance activities required

under subsection (a). The State is to submit a report to the Secretary

on all fiscal year 2003 State expenditures and all fiscal year 2004

obligations for tobacco prevention and compliance activities by program activity by July 31, 2004.

(d) The Secretary shall exercise discretion in enforcing the

timing of the State obligation of the additional funds required

by the certification described in subsection (a) as late as July

31, 2004.

(e) None of the funds appropriated by this Act may be used

to withhold substance abuse funding pursuant to section 1926 from

a territory that receives less than $1,000,000.

SEC. 215. In order for the Centers for Disease Control and

Prevention to carry out international health activities, including

HIV/AIDS and other infectious disease, chronic and environmental

disease, and other health activities abroad during fiscal year 2004,

the Secretary of Health and Human Services—

(1) may exercise authority equivalent to that available

to the Secretary of State in section 2(c) of the State Department

Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary

of Health and Human Services shall consult with the Secretary

of State and relevant Chief of Mission to ensure that the

authority provided in this section is exercised in a manner

consistent with section 207 of the Foreign Service Act of 1980

(22 U.S.C. 3927) and other applicable statutes administered

by the Department of State; and

(2) is authorized to provide such funds by advance or

reimbursement to the Secretary of State as may be necessary

to pay the costs of acquisition, lease, alteration, renovation,

and management of facilities outside of the United States for

the use of the Department of Health and Human Services.

The Department of State shall cooperate fully with the Secretary of Health and Human Services to ensure that the Department of Health and Human Services has secure, safe, functional

facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the

purposes established by this Act. The Secretary of Health and

Human Services is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to

make available to public or nonprofit private institutions or

agencies in participating foreign countries, funds to acquire,

lease, alter, or renovate facilities in those countries as necessary

to conduct programs of assistance for international health

activities, including activities relating to HIV/AIDS and other

Reports.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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. Notwithstanding section 409B(c) of the Public Health

Service Act regarding a limitation on the number of such grants,

funds appropriated in this Act and Acts in fiscal years thereafter

may be expended by the Director of the National Institutes of

Health to award Core Center Grants to encourage the development

of innovative multidisciplinary research and provide training concerning Parkinson’s disease. Each center funded under such grants

shall be designated as a Morris K. Udall Center for Research

on Parkinson’s Disease.

SEC. 218. Not later than 90 days after the date of enactment

of this Act, the Director of the National Institutes of Health shall

submit to the appropriate committees of Congress a report that

shall—

(1) contain the recommendations of the Director concerning

the role of the National Institutes of Health in promoting

the affordability of inventions and products developed with

Federal funds; and

(2) specify whether any circumstances exist to prevent the

Director from promoting the affordability of inventions and

products developed with Federal funds.

SEC. 219. Notwithstanding any other provisions of law, funds

made available under this heading may be used to continue operating the Council on Graduate Medical Education established by

section 301 of Public Law 102–408.

SEC. 220. DESIGNATION OF SENATOR PAUL D. WELLSTONE NIH

MDCRC PROGRAM. (a) FINDINGS.—Congress finds the following:

(1) On December 18, 2001, Public Law 107–84, otherwise

known as the Muscular Dystrophy Community Assistance,

Research and Education Amendments of 2001, or the MD CARE

Act, was signed into law to provide for research and education

with respect to various forms of muscular dystrophy, including

Duchenne, Becker, limb girdle, congenital, facioscapulohumeral,

myotonic, oculopharyngeal, distal, and EmeryDreifuss muscular

dystrophies.

(2) In response to the MD CARE Act of 2001, in September

2002, the National Institutes of Health (NIH) announced its

intention to establish the Muscular Dystrophy Cooperative

Research Centers (MDCRC) program.

(3) Senator Paul D. Wellstone was a driving force behind

enactment of the MD CARE Act, which led to the establishment

of the MDCRC program.

(b) DESIGNATION.—The NIH Muscular Dystrophy Cooperative

Research Centers (MDCRC) program shall be known and designated

as the ‘‘Senator Paul D. Wellstone Muscular Dystrophy Cooperative

Research Centers’’, in honor of Senator Paul D. Wellstone who

was deceased on October 25, 2002.

(c) REFERENCES.—Any reference in a law, regulation, document,

paper, or other record of the United States to the NIH program

of Muscular Dystrophy Cooperative Research Centers shall be

deemed to be a reference to the ‘‘Senator Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers’’.

42 USC 294o

note.

Deadline.

Reports.

42 USC 284f

note.

118 STAT. 256 PUBLIC LAW 108–199—JAN. 23, 2004

SEC. 221. (a) AUTHORITY.—Notwithstanding any other provision

of law, the Director of the National Institutes of Health may use

funds available under section 402(i) of the Public Health Service

Act (42 U.S.C. 282(i)) to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research

in support of the NIH Roadmap Initiative of the Director.

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director of the National Institutes of Health may

utilize such peer review procedures (including consultation with

appropriate scientific experts) as the Director determines to be

appropriate to obtain assessments of scientific and technical merit.

Such procedures shall apply to such transactions in lieu of the

peer review and advisory council review procedures that would

otherwise be required under sections 301(a)(3), 405(b)(1)(B),

405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service

Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and

289c).

SEC. 222. Section 307(c) of the Denali Commission Act of 1998

(42 U.S.C. 3121 note) is amended by striking ‘‘is authorized to

make grants’’ and inserting ‘‘is authorized to make interagency

transfers’’.

This title may be cited as the ‘‘Department of Health and

Human Services Appropriations Act, 2004’’.

TITLE III—DEPARTMENT OF EDUCATION

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Education Act of 1965, $14,528,522,000, of which $6,983,169,000 shall

become available on July 1, 2004, and shall remain available

through September 30, 2005, and of which $7,383,301,000 shall

become available on October 1, 2004, and shall remain available

through September 30, 2005, for academic year 2004–2005: Provided, That $7,107,283,000 shall be available for basic grants under

section 1124: Provided further, That up to $3,500,000 of these

funds shall be available to the Secretary of Education on October

1, 2003, to obtain annually updated educational-agency-level census

poverty data from the Bureau of the Census: Provided further, That $1,365,031,000 shall be available for concentration grants

under section 1124A: Provided further, That $1,969,843,000 shall

be available for targeted grants under section 1125: Provided further, That $1,969,843,000 shall be available for education finance

incentive grants under section 1125A: Provided further, That

$235,000,000 shall be available for comprehensive school reform

grants under part F of the ESEA: Provided further, That from

the $8,842,000 available to carry out part E of title I, up to

$1,000,000 shall be available to the Secretary of Education to provide technical assistance to State and local educational agencies

concerning part A of title I.

IMPACT AID

For carrying out programs of financial assistance to federally

affected schools authorized by title VIII of the Elementary and

Secondary Education Act of 1965, $1,236,824,000, of which

$1,070,000,000 shall be for basic support payments under section

Department of

Education

Appropriations

Act, 2004.

Applicability.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 258 PUBLIC LAW 108–199—JAN. 23, 2004

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).

PUBLIC LAW 108–199—JAN. 23, 2004 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

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20

U.S.C. 101 et seq.), $16,500,000.

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles

I and II of the Education of the Deaf Act of 1986 (20 U.S.C.

4301 et seq.), $53,800,000, of which $367,000 shall be for construction and shall remain available until expended: Provided, That

from the total amount available, the Institute may at its discretion

118 STAT. 260 PUBLIC LAW 108–199—JAN. 23, 2004

use funds for the endowment program as authorized under section

207.

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model

Secondary School for the Deaf, and the partial support of Gallaudet

University under titles I and II of the Education of the Deaf

Act of 1986 (20 U.S.C. 4301 et seq.), $100,800,000: Provided, That

from the total amount available, the University may at its discretion

use funds for the endowment program as authorized under section

207.

VOCATIONAL AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the

Carl D. Perkins Vocational and Technical Education Act of 1998,

the Adult Education and Family Literacy Act, and subparts 4

and 11 of part D of title V of the Elementary and Secondary

Education Act of 1965 (‘‘ESEA’’), $2,121,690,000, of which

$1,304,712,000 shall become available on July 1, 2004, and shall

remain available through September 30, 2005, and of which

$791,000,000 shall become available on October 1, 2004, and shall

remain available through September 30, 2005: Provided, That notwithstanding any other provision of law or any regulation, the

Secretary of Education shall not require the use of a restricted

indirect cost rate for grants issued pursuant to section 117 of

the Carl D. Perkins Vocational and Technical Education Act of

1998: Provided further, That of the amount provided for Adult

Education State Grants, $69,545,000 shall be made available for

integrated English literacy and civics education services to

immigrants and other limited English proficient populations: Provided further, That of the amount reserved for integrated English

literacy and civics education, notwithstanding section 211 of the

Adult Education and Family Literacy Act, 65 percent shall be

allocated to States based on a State’s absolute need as determined

by calculating each State’s share of a 10-year average of the

Immigration and Naturalization Service data for immigrants

admitted for legal permanent residence for the 10 most recent

years, and 35 percent allocated to States that experienced growth

as measured by the average of the 3 most recent years for which

Immigration and Naturalization Service data for immigrants

admitted for legal permanent residence are available, except that

no State shall be allocated an amount less than $60,000: Provided

further, That of the amounts made available for the Adult Education

and Family Literacy Act, $9,223,000 shall be for national leadership

activities under section 243 and $6,732,000 shall be for the National

Institute for Literacy under section 242: Provided further, That

$185,000,000 shall be available to carry out part D of title V

of the ESEA: Provided further, That $175,000,000 shall be available

to support the activities authorized under subpart 4 of part D

of title V of the Elementary and Secondary Education Act of 1965,

of which up to 5 percent shall become available October 1, 2003,

and shall remain available through September 30, 2005, for evaluation, technical assistance, school networking, peer review of applications, and program outreach activities, and of which not less than

95 percent shall become available on July 1, 2004, and remain

PUBLIC LAW 108–199—JAN. 23, 2004 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 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.

20 USC 1070a

note.

118 STAT. 262 PUBLIC LAW 108–199—JAN. 23, 2004

HOWARD UNIVERSITY

For partial support of Howard University (20 U.S.C. 121 et

seq.), $240,180,000, of which not less than $3,573,000 shall be

for a matching endowment grant pursuant to the Howard University

Endowment Act (Public Law 98–480) and shall remain available

until expended.

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses authorized under section

121 of the Higher Education Act of 1965, $774,000 to carry out

activities related to existing facility loans entered into under the

Higher Education Act of 1965.

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

The aggregate principal amount of outstanding bonds insured

pursuant to section 344 of title III, part D of the Higher Education

Act of 1965, shall not exceed $357,000,000, and the cost, as defined

in section 502 of the Congressional Budget Act of 1974, of such

bonds shall not exceed zero.

For administrative expenses to carry out the Historically Black

College and University Capital Financing Program entered into

pursuant to title III, part D of the Higher Education Act of 1965,

as amended, $210,000.

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by Public Law 107–279,

$478,717,000: Provided, That, of the amount appropriated,

$166,500,000 shall be available for obligation through September

30, 2005: Provided further, That of the amount provided to carry

out title I, parts B and D of Public Law 107–279, not less than

$24,362,000 shall be for the national research and development

centers authorized under section 133(c): Provided further, That

$4,968,000 shall be available to extend for one additional year

the contract for the Eisenhower National Clearinghouse for Mathematics and Science Education authorized under section 2102(a)(2)

of the Elementary and Secondary Education Act of 1965, prior

to its amendment by the No Child Left Behind Act of 2001, Public

Law 107–110.

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the

Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $425,000,000, of which $13,644,000, to

remain available until expended, shall be for building alterations

and related expenses for the relocation of department staff to

Potomac Center Plaza in Washington, D.C.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 263

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization

Act, $89,275,000.

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General,

as authorized by section 212 of the Department of Education

Organization Act, $47,137,000.

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used

for the transportation of students or teachers (or for the purchase

of equipment for such transportation) in order to overcome racial

imbalance in any school or school system, or for the transportation

of students or teachers (or for the purchase of equipment for such

transportation) in order to carry out a plan of racial desegregation

of any school or school system.

SEC. 302. None of the funds contained in this Act shall be

used to require, directly or indirectly, the transportation of any

student to a school other than the school which is nearest the

student’s home, except for a student requiring special education,

to the school offering such special education, in order to comply

with title VI of the Civil Rights Act of 1964. For the purpose

of this section an indirect requirement of transportation of students

includes the transportation of students to carry out a plan involving

the reorganization of the grade structure of schools, the pairing

of schools, or the clustering of schools, or any combination of grade

restructuring, pairing or clustering. The prohibition described in

this section does not include the establishment of magnet schools.

SEC. 303. No funds appropriated under this Act may be used

to prevent the implementation of programs of voluntary prayer

and meditation in the public schools.

(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds

(pursuant to the Balanced Budget and Emergency Deficit Control

Act of 1985, as amended) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more

than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least

15 days in advance of any transfer.

SEC. 305. SPECIAL STUDY OF SIMPLIFICATION OF NEED ANALYSIS

AND APPLICATION FOR TITLE IV AID. (a) STUDY REQUIRED.—The

Advisory Committee on Student Financial Assistance established

by section 491 of the Higher Education Act of 1965 (20 U.S.C.

1098), hereafter in this section referred to as ‘‘the Advisory Committee’’, shall conduct a thorough study of the feasibility of simplifying the need analysis methodology for all Federal student financial

assistance programs and the process of applying for such assistance.

(b) REQUIRED SUBJECTS OF STUDY.—In performing the study,

the Advisory Committee shall, at a minimum, examine the following:

20 USC 1087kk

note.

Notification.

118 STAT. 264 PUBLIC LAW 108–199—JAN. 23, 2004

(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,

PUBLIC LAW 108–199—JAN. 23, 2004 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) 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

Deadlines.

118 STAT. 266 PUBLIC LAW 108–199—JAN. 23, 2004

in the Federal needs analysis methodology, as prescribed by the

Secretary on May 30, 2003 (68 Fed. Reg. 32473).

SEC. 306. The Secretary of Education shall treat as timely

filed an application under section 8003 of the Elementary and

Secondary Education Act of 1965 from the local educational agency

for Hydaburg, Alaska, for a payment for fiscal year 2004, and

shall process such application for payment, if the Secretary has

received the fiscal year 2004 application not later than 30 days

after the date of enactment of this Act.

This title may be cited as the ‘‘Department of Education Appropriations Act, 2004’’.

TITLE IV—RELATED AGENCIES

ARMED FORCES RETIREMENT HOME

For expenses necessary for the Armed Forces Retirement Home

to operate and maintain the Armed Forces Retirement Home—

Washington and the Armed Forces Retirement Home—Gulfport,

to be paid from funds available in the Armed Forces Retirement

Home Trust Fund, $65,279,000, of which $1,983,000 shall remain

available until expended for construction and renovation of the

physical plants at the Armed Forces Retirement Home—Washington

and the Armed Forces Retirement Home—Gulfport.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

For expenses necessary for the Corporation for National and

Community Service to carry out the provisions of the Domestic

Volunteer Service Act of 1973, as amended, $356,443,000: Provided,

That none of the funds made available to the Corporation for

National and Community Service in this Act for activities authorized by section 122 of part C of title I and part E of title II

of the Domestic Volunteer Service Act of 1973 shall be used to

provide stipends or other monetary incentives to volunteers or

volunteer leaders whose incomes exceed 125 percent of the national

poverty level.

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting, as

authorized by the Communications Act of 1934, an amount which

shall be available within limitations specified by that Act, for the

fiscal year 2006, $400,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall

be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That

none of the funds contained in this paragraph shall be available

or used to aid or support any program or activity from which

any person is excluded, or is denied benefits, or is discriminated

against, on the basis of race, color, national origin, religion, or

sex: Provided further, That for fiscal year 2004, in addition to

the amounts provided above, $50,000,000 shall be for costs related

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor

Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183),

including hire of passenger motor vehicles; for expenses necessary

for the Labor-Management Cooperation Act of 1978 (29 U.S.C.

175a); and for expenses necessary for the Service to carry out

the functions vested in it by the Civil Service Reform Act, Public

Law 95–454 (5 U.S.C. ch. 71), $43,385,000, including $1,500,000,

to remain available through September 30, 2005, for activities

authorized by the Labor-Management Cooperation Act of 1978 (29

U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees

charged, up to full-cost recovery, for special training activities and

other conflict resolution services and technical assistance, including

those provided to foreign governments and international organizations, and for arbitration services shall be credited to and merged

with this account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available

only for education, training, and professional development of the

agency workforce: Provided further, That the Director of the Service

is authorized to accept and use on behalf of the United States

gifts of services and real, personal, or other property in the aid

of any projects or functions within the Director’s jurisdiction.

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health

Review Commission (30 U.S.C. 801 et seq.), $7,774,000.

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

For carrying out the Museum and Library Services Act of

1996, $262,596,000, to remain available until expended: Provided,

That of the amount provided, $125,000 shall be awarded to the

Alabama School of Math and Science at the University of Alabama

for technology upgrades and library resources, $50,000 shall be

awarded to the Alaska Moving Image Preservation Association,

Anchorage, Alaska, to digitize files/photos/videos of Alaskan history,

$25,000 shall be awarded to the Alex Haley House Museum,

Henning, Tennessee, for care and preservation of collection,

$500,000 shall be awarded to the Allen County Historical Society,

Lima, Ohio, for the ‘‘Move Our Past Forward’’ project to expand

and develop exhibits for their Children’s Discovery Museum Center,

$75,000 shall be awarded to the Allentown Art Museum, Allentown,

118 STAT. 268 PUBLIC LAW 108–199—JAN. 23, 2004

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,

PUBLIC LAW 108–199—JAN. 23, 2004 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,

118 STAT. 270 PUBLIC LAW 108–199—JAN. 23, 2004

$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 AfricanAmerican 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

PUBLIC LAW 108–199—JAN. 23, 2004 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 stateof-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

118 STAT. 272 PUBLIC LAW 108–199—JAN. 23, 2004

Multicultural Center, Tuskegee, Alabama, to provide for technology

enhancements and installation of exhibits, $400,000 shall be

awarded to the University of Idaho for digital archiving and

preservation of historically significant American music and facilitating its access to students and scholars nationwide, $500,000

shall be awarded to the Vietnam Archives Center at Texas Tech

University, Lubbock, Texas, for technology infrastructure, $250,000

shall be awarded to the Virginia Historical Society, Richmond,

Virginia, to assist with educational programmatic development and

for cataloging and archiving of business history records, $100,000

shall be awarded to the Virginia Living Museum for the expansion

of its educational programs in its capital campaign project, $100,000

shall be awarded to the Westminster College Library, New

Willmington, Pennsylvania, for technology upgrades and computers

and community programming, $600,000 shall be awarded to the

WWII Victory Memorial Museum, Auburn, Indiana, for interpretive

dioramas, education, research library and visual documentary, and

$100,000 shall be awarded to the Zimmer Children’s Museum,

Los Angeles, California, to expand the youTHink education program.

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social

Security Act, $9,300,000, to be transferred to this appropriation

from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds.

NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE

SALARIES AND EXPENSES

For necessary expenses for the National Commission on

Libraries and Information Science, established by the Act of July

20, 1970 (Public Law 91–345, as amended), $1,000,000.

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability

as authorized by title IV of the Rehabilitation Act of 1973, as

amended, $3,039,000.

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board

to carry out the functions vested in it by the Labor-Management

Relations Act, 1947, as amended (29 U.S.C. 141–167), and other

laws, $244,073,000: Provided, That no part of this appropriation

shall be available to organize or assist in organizing agricultural

laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural

laborers as referred to in section 2(3) of the Act of July 5, 1935

PUBLIC LAW 108–199—JAN. 23, 2004 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

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151–188), including emergency boards appointed by the President, $11,421,000.

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health

Review Commission (29 U.S.C. 661), $9,863,000.

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,

$119,000,000, which shall include amounts becoming available in

fiscal year 2004 pursuant to section 224(c)(1)(B) of Public Law

98–76; and in addition, an amount, not to exceed 2 percent of

the amount provided herein, shall be available proportional to the

amount by which the product of recipients and the average benefit

received exceeds $119,000,000: Provided, That the total amount

provided herein shall be credited in 12 approximately equal amounts

on the first day of each month in the fiscal year.

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for

the payment of benefits under the Railroad Retirement Act for

interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2005, which shall be the maximum

amount available for payment pursuant to section 417 of Public

Law 98–76.

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board for

administration of the Railroad Retirement Act and the Railroad

Unemployment Insurance Act, $101,300,000, to be derived in such

amounts as determined by the Board from the railroad retirement

accounts and from moneys credited to the railroad unemployment

insurance administration fund.

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General

for audit, investigatory and review activities, as authorized by the

118 STAT. 274 PUBLIC LAW 108–199—JAN. 23, 2004

Inspector General Act of 1978, as amended, not more than

$6,600,000, to be derived from the railroad retirement accounts

and railroad unemployment insurance account: Provided, That none

of the funds made available in any other paragraph of this Act

may be transferred to the Office; used to carry out any such transfer;

used to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative services for the Office; used to pay any salary, benefit, or

award for any personnel of the Office; used to pay any other

operating expense of the Office; or used to reimburse the Office

for any service provided, or expense incurred, by the Office.

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance

and the Federal Disability Insurance trust funds, as provided under

sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,

$21,658,000.

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act,

section 401 of Public Law 92–603, section 212 of Public Law 93–

66, as amended, and section 405 of Public Law 95–216, including

payment to the Social Security trust funds for administrative

expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $26,229,300,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the

current fiscal year and not obligated by the State during that

year shall be returned to the Treasury.

For making, after June 15 of the current fiscal year, benefit

payments to individuals under title XVI of the Social Security

Act, for unanticipated costs incurred for the current fiscal year,

such sums as may be necessary.

For making benefit payments under title XVI of the Social

Security Act for the first quarter of fiscal year 2005,

$12,590,000,000, to remain available until expended.

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger

motor vehicles, and not to exceed $15,000 for official reception

and representation expenses, not more than $8,241,800,000 may

be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein:

Provided, That not less than $1,800,000 shall be for the Social

Security Advisory Board: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal

year 2004 not needed for fiscal year 2004 shall remain available

until expended to invest in the Social Security Administration

information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll

administrative expenses associated solely with this information

technology and telecommunications infrastructure: Provided further,

That reimbursement to the trust funds under this heading for

expenditures for official time for employees of the Social Security

PUBLIC LAW 108–199—JAN. 23, 2004 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.

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General

in carrying out the provisions of the Inspector General Act of

1978, as amended, $24,500,000, together with not to exceed

$63,700,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal OldAge and Survivors Insurance Trust Fund and the Federal Disability

Insurance Trust Fund.

In addition, an amount not to exceed 3 percent of the total

provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,

to be merged with this account, to be available for the time and

purposes for which this account is available: Provided, That notice

of such transfers shall be transmitted promptly to the Committees

on Appropriations of the House and Senate.

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

For necessary expenses of the United States Institute of Peace

as authorized in the United States Institute of Peace Act,

$17,200,000.

TITLE V—GENERAL PROVISIONS

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances

of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred

balances are used for the same purpose, and for the same periods

of time, for which they were originally appropriated.

SEC. 502. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

118 STAT. 276 PUBLIC LAW 108–199—JAN. 23, 2004

SEC. 503. (a) No part of any appropriation contained in this

Act shall be used, other than for normal and recognized executivelegislative 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.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 277

SEC. 508. (a) None of the funds appropriated under this Act,

and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for any abortion.

(b) None of the funds appropriated under this Act, and none

of the funds in any trust fund to which funds are appropriated

under this Act, shall be expended for health benefits coverage

that includes coverage of abortion.

(c) The term ‘‘health benefits coverage’’ means the package

of services covered by a managed care provider or organization

pursuant to a contract or other arrangement.

SEC. 509. (a) The limitations established in the preceding section shall not apply to an abortion—

(1) if the pregnancy is the result of an act of rape or

incest; or

(2) in the case where a woman suffers from a physical

disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the

pregnancy itself, that would, as certified by a physician, place

the woman in danger of death unless an abortion is performed.

(b) Nothing in the preceding section shall be construed as

prohibiting the expenditure by a State, locality, entity, or private

person of State, local, or private funds (other than a State’s or

locality’s contribution of Medicaid matching funds).

(c) Nothing in the preceding section shall be construed as

restricting the ability of any managed care provider from offering

abortion coverage or the ability of a State or locality to contract

separately with such a provider for such coverage with State funds

(other than a State’s or locality’s contribution of Medicaid matching

funds).

SEC. 510. (a) None of the funds made available in this Act

may be used for—

(1) the creation of a human embryo or embryos for research

purposes; or

(2) research in which a human embryo or embryos are

destroyed, discarded, or knowingly subjected to risk of injury

or death greater than that allowed for research on fetuses

in utero under 45 CFR 46.208(a)(2) and section 498(b) of the

Public Health Service Act (42 U.S.C. 289g(b)).

(b) For purposes of this section, the term ‘‘human embryo

or embryos’’ includes any organism, not protected as a human

subject under 45 CFR 46 as of the date of the enactment of this

Act, that is derived by fertilization, parthenogenesis, cloning, or

any other means from one or more human gametes or human

diploid cells.

SEC. 511. (a) None of the funds made available in this Act

may be used for any activity that promotes the legalization of

any drug or other substance included in schedule I of the schedules

of controlled substances established by section 202 of the Controlled

Substances Act (21 U.S.C. 812).

(b) The limitation in subsection (a) shall not apply when there

is significant medical evidence of a therapeutic advantage to the

use of such drug or other substance or that federally sponsored

clinical trials are being conducted to determine therapeutic advantage.

SEC. 512. None of the funds made available in this Act may

be obligated or expended to enter into or renew a contract with

an entity if—

Drugs and drug

abuse.

Embryos.

Abortions.

118 STAT. 278 PUBLIC LAW 108–199—JAN. 23, 2004

(1) such entity is otherwise a contractor with the United

States and is subject to the requirement in section 4212(d)

of title 38, United States Code, regarding submission of an

annual report to the Secretary of Labor concerning employment

of certain veterans; and

(2) such entity has not submitted a report as required

by that section for the most recent year for which such requirement was applicable to such entity.

SEC. 513. None of the funds made available in this Act may

be used to promulgate or adopt any final standard under section

1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing

for, or providing for the assignment of, a unique health identifier

for an individual (except in an individual’s capacity as an employer

or a health care provider), until legislation is enacted specifically

approving the standard.

SEC. 514. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government, except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriation Act.

SEC. 515. (a) IN GENERAL.—Amounts made available under

this Act for the administrative and related expenses for departmental management for the Department of Labor, the Department

of Health and Human Services, and the Department of Education

shall be reduced on a pro rata basis by $50,000,000: Provided,

That not later than 15 days after the enactment of this Act, the

Director of the Office of Management and Budget shall report

to the House and Senate Committees on Appropriations the

accounts subject to the pro rata reductions and the amount to

be reduced in each account.

(b) LIMITATION.—The reduction required by subsection (a) shall

not apply to the Food and Drug Administration and the Indian

Health Service.

SEC. 516. None of the funds made available by this Act to

carry out the Library Services and Technology Act may be made

available to any library covered by paragraph (1) of section 224(f)

of such Act (20 U.S.C. 9134(f)), as amended by the Children’s

Internet Protections Act, unless such library has made the certifications required by paragraph (4) of such section.

SEC. 517. None of the funds made available by this Act to

carry out part D of title II of the Elementary and Secondary

Education Act of 1965 may be made available to any elementary

or secondary school covered by paragraph (1) of section 2441(a)

of such Act (20 U.S.C. 6777(a)), as amended by the Children’s

Internet Protections Act and the No Child Left Behind Act, unless

the local educational agency with responsibility for such covered

school has made the certifications required by paragraph (2) of

such section.

This division may be cited as the ‘‘Departments of Labor, Health

and Human Services, and Education, and Related Agencies Appropriations Act, 2004’’.

Deadline.

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 279

DIVISION F—DEPARTMENTS OF TRANSPORTATION AND

TREASURY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004

An Act

Making appropriations for the Departments of Transportation and Treasury, and

independent agencies for the fiscal year ending September 30, 2004, and for

other purposes.

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

the Treasury not otherwise appropriated, for the Departments of

Transportation and Treasury and independent agencies for the

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

namely:

TITLE I

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary,

$80,903,000, of which not to exceed $2,210,000 shall be available

for the immediate Office of the Secretary; not to exceed $700,000

shall be available for the immediate Office of the Deputy Secretary;

not to exceed $15,403,000 shall be available for the Office of the

General Counsel; not to exceed $12,312,000 shall be available for

the Office of the Under Secretary of Transportation for Policy;

not to exceed $8,536,000 shall be available for the Office of the

Assistant Secretary for Budget and Programs; not to exceed

$2,300,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $24,612,000 shall

be available for the Office of the Assistant Secretary for Administration; not to exceed $1,915,000 shall be available for the Office

of Public Affairs; not to exceed $1,447,000 shall be available for

the Office of the Executive Secretariat; not to exceed $700,000

shall be available for the Board of Contract Appeals; not to exceed

$1,268,000 shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $2,000,000 for the Office

of Intelligence and Security; and not to exceed $7,500,000 shall

be available for the Office of the Chief Information Officer: Provided,

That the Secretary of Transportation is authorized to transfer funds

appropriated for any office of the Office of the Secretary to any

other office of the Office of the Secretary: Provided further, That

no appropriation for any office shall be increased or decreased

by more than 5 percent by all such transfers: Provided further,

That any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $60,000 shall be

for allocation within the Department for official reception and representation expenses as the Secretary may determine: Provided

further, That notwithstanding any other provision of law, excluding

Transportation,

Treasury, and

Independent

Agencies

Appropriations

Act, 2004.

118 STAT. 280 PUBLIC LAW 108–199—JAN. 23, 2004

fees authorized in Public Law 107–71, there may be credited to

this appropriation up to $2,500,000 in funds received in user fees:

Provided further, That none of the funds provided in this Act

shall be available for the position of Assistant Secretary for Public

Affairs.

OFFICE OF CIVIL RIGHTS

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

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning,

research, systems development, development activities, and making

grants, to remain available until expended, $20,864,000.

WORKING CAPITAL FUND

Necessary expenses for operating costs and capital outlays of

the Working Capital Fund, not to exceed $116,715,000, shall be

paid from appropriations made available to the Department of

Transportation: Provided, That such services shall be provided on

a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating

expenses shall not apply to non-DOT entities: Provided further,

That no funds appropriated in this Act to an agency of the Department shall be transferred to the Working Capital Fund without

the approval of the agency modal administrator: Provided further,

That no assessments may be levied against any program, budget

activity, subactivity or project funded by this Act unless notice

of such assessments and the basis therefor are presented to the

House and Senate Committees on Appropriations and are approved

by such Committees.

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $500,000, as authorized by

49 U.S.C. 332: Provided, That such costs, including the cost of

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

Congressional Budget Act of 1974: Provided further, That these

funds are available to subsidize total loan principal, any part of

which is to be guaranteed, not to exceed $18,367,000. In addition,

for administrative expenses to carry out the guaranteed loan program, $400,000.

MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center

outreach activities, $3,000,000, to remain available until September

30, 2005: Provided, That notwithstanding 49 U.S.C. 332, these

funds may be used for business opportunities related to any mode

of transportation.

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available from any other source

to carry out the essential air service program under 49 U.S.C.

PUBLIC LAW 108–199—JAN. 23, 2004 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

OPERATIONS

For necessary expenses of the Federal Aviation Administration,

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative

expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance

of aircraft, subsidizing the cost of aeronautical charts and maps

sold to the public, lease or purchase of passenger motor vehicles

for replacement only, in addition to amounts made available by

Public Law 104–264, $7,530,925,000, of which $4,500,000,000 shall

be derived from the Airport and Airway Trust Fund, of which

not to exceed $6,053,724,000 shall be available for air traffic services

program activities; not to exceed $880,684,000 shall be available

for aviation regulation and certification program activities; not to

exceed $218,481,000 shall be available for research and acquisition

program activities; not to exceed $11,776,000 shall be available

for commercial space transportation program activities; not to

exceed $49,783,000 shall be available for financial services program

activities; not to exceed $76,529,000 shall be available for human

resources program activities; not to exceed $86,749,000 shall be

available for regional coordination program activities; not to exceed

$143,150,000 shall be available for staff offices; and not to exceed

$29,681,000 shall be available for information services: Provided, That none of the funds in this Act shall be available for the

Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically

authorized by law after the date of the enactment of this Act:

Provided further, That there may be credited to this appropriation

funds received from States, counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses

incurred in the provision of agency services, including receipts

for the maintenance and operation of air navigation facilities, and

for issuance, renewal or modification of certificates, including airman, aircraft, and repair station certificates, or for tests related

thereto, or for processing major repair or alteration forms: Provided

further, That of the funds appropriated under this heading, not less than $6,500,000 shall be for the contract tower cost-sharing

program: Provided further, That funds may be used to enter into

a grant agreement with a nonprofit standard-setting organization

to assist in the development of aviation safety standards: Provided

further, That none of the funds in this Act shall be available

for new applicants for the second career training program: Provided

further, That none of the funds in this Act shall be available

for paying premium pay under 5 U.S.C. 5546(a) to any Federal

Aviation Administration employee unless such employee actually

performed work during the time corresponding to such premium

pay: Provided further, That none of the funds in this Act may

be obligated or expended to operate a manned auxiliary flight

service station in the contiguous United States: Provided further,

That none of the funds in this Act for aeronautical charting and

cartography are available for activities conducted by, or coordinated

through, the Working Capital Fund: Provided further, That of the

118 STAT. 282 PUBLIC LAW 108–199—JAN. 23, 2004

amount appropriated under this heading, not to exceed $50,000

may be transferred to the Aircraft Loan Purchase Guarantee Program: Provided further, That not later than March 1, 2004, the

Secretary of Transportation, in consultation with the Administrator

of the Federal Aviation Administration, shall issue final regulations,

pursuant to 5 U.S.C. 8335, establishing an exemption process

allowing individual air traffic controllers to delay mandatory retirement until the employee reaches no later than 61 years of age:

Provided further, That of the funds provided under this heading, $4,000,000 is available only for recruitment, personnel compensation and benefits, and related costs to raise the level of operational

air traffic control supervisors to the level of 1,726: Provided further,

That none of the funds in this Act may be obligated or expended

to execute or continue to implement a memorandum of understanding or memorandum of agreement (or any revisions thereto)

with representatives of any FAA bargaining unit after January

1, 2004, unless such document is filed in a central registry and

catalogued in an automated, searchable database under the executive direction of appropriate management representatives at FAA

headquarters: Provided further, That none of the funds in this

Act may be obligated or expended for an employee of the Federal

Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by

contract or purchase, and hire of air navigation and experimental

facilities and equipment, as authorized under part A of subtitle

VII of title 49, United States Code, including initial acquisition

of necessary sites by lease or grant; engineering and service testing,

including construction of test facilities and acquisition of necessary

sites by lease or grant; construction and furnishing of quarters

and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where

such accommodations are not available; and the purchase, lease,

or transfer of aircraft from funds available under this heading;

to be derived from the Airport and Airway Trust Fund,

$2,910,000,000, of which $2,489,158,800 shall remain available until

September 30, 2006, and of which $420,841,200 shall remain available until September 30, 2004: Provided, That there may be credited

to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses

incurred in the establishment and modernization of air navigation

facilities: Provided further, That upon initial submission to the

Congress of the fiscal year 2005 President’s budget, the Secretary

of Transportation shall transmit to the Congress a comprehensive

capital investment plan for the Federal Aviation Administration

which includes funding for each budget line item for fiscal years

2005 through 2009, with total funding for each year of the plan

constrained to the funding targets for those years as estimated

and approved by the Office of Management and Budget: Provided

further, That of the funds provided under this heading, not less

than $3,000,000 is for contract audit services provided by the

Defense Contract Audit Agency: Provided further, That of the funds

Deadline.

Regulations.

5 USC 8335 note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 283

provided under this heading, $25,000,000 is available only for the

Houston Area Air Traffic System.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

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

rescinded.

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for

research, engineering, and development, as authorized under part

A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites

by lease or grant, $119,439,000, to be derived from the Airport

and Airway Trust Fund and to remain available until September

30, 2006: Provided, That there may be credited to this appropriation

funds received from States, counties, municipalities, other public

authorities, and private sources, for expenses incurred for research,

engineering, and development.

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning

and programs as authorized under subchapter I of chapter 471

and subchapter I of chapter 475 of title 49, United States Code,

and under other law authorizing such obligations; for procurement,

installation, and commissioning of runway incursion prevention

devices and systems at airports of such title; for grants authorized

under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs,

including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,400,000,000, to be

derived from the Airport and Airway Trust Fund and to remain

available until expended: Provided, That none of the funds under

this heading shall be available for the planning or execution of

programs the obligations for which are in excess of $3,400,000,000

in fiscal year 2004, notwithstanding section 47117(g) of title 49,

United States Code: Provided further, That none of the funds under

this heading shall be available for the replacement of baggage

conveyor systems, reconfiguration of terminal baggage areas, or

other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding any

other provision of law, not more than $66,254,000 of funds limited

under this heading shall be obligated for administration and not

less than $20,000,000 shall be for the Small Community Air Service

Development Pilot Program.

118 STAT. 284 PUBLIC LAW 108–199—JAN. 23, 2004

GENERAL PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 101. Notwithstanding any other provision of law, airports

may transfer, without consideration, to the Federal Aviation

Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications,

the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement

program grant: Provided, That, the Federal Aviation Administration

shall accept such equipment, which shall thereafter be operated

and maintained by FAA in accordance with agency criteria.

SEC. 102. None of the funds in this Act may be used to compensate in excess of 350 technical staff-years under the federally

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation

Systems Development during fiscal year 2004.

SEC. 103. None of the funds made available in this Act may

be used for engineering work related to an additional runway at

Louis Armstrong New Orleans International Airport.

SEC. 104. None of the funds in this Act shall be used to

pursue or adopt guidelines or regulations requiring airport sponsors

to provide to the Federal Aviation Administration without cost

building construction, maintenance, utilities and expenses, or space

in airport sponsor-owned buildings for services relating to air traffic

control, air navigation, or weather reporting: Provided, That the

prohibition of funds in this section does not apply to negotiations

between the agency and airport sponsors to achieve agreement

on ‘‘below-market’’ rates for these items or to grant assurances

that require airport sponsors to provide land without cost to the

FAA for air traffic control facilities.

SEC. 105. For an airport project that the Administrator of

the Federal Aviation Administration (FAA) determines will add

critical airport capacity to the national air transportation system,

the Administrator is authorized to accept funds from an airport

sponsor, including entitlement funds provided under the ‘‘Grantsin-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.

49 USC 44502

note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 285

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Necessary expenses for administration and operation of the Federal Highway Administration, not to exceed $337,604,000, shall

be paid in accordance with law from appropriations made available

by this Act to the Federal Highway Administration together with

advances and reimbursements received by the Federal Highway

Administration: Provided, That of the funds available under section

104(a)(1)(A) of title 23, United States Code, $7,000,000 shall be

available for environmental streamlining activities, which may

include making grants to, or entering into contracts, cooperative

agreements, and other transactions, with a Federal agency, State

agency, local agency, authority, association, non-profit or for-profit

corporation, or institution of higher education.

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the

implementation or execution of programs, the obligations for which

are in excess of $33,843,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 2004: Provided,

That within the $33,843,000,000 obligation limitation on Federalaid highways and highway safety construction programs, not more

than $462,500,000 shall be available for the implementation or

execution of programs for transportation research (sections 502,

503, 504, 506, 507, and 508 of title 23, United States Code, as

amended; section 5505 of title 49, United States Code, as amended;

and sections 5112 and 5204–5209 of Public Law 105–178) for fiscal

year 2004: Provided further, That this limitation on transportation

research programs shall not apply to any authority previously made

available for obligation: Provided further, That within the

$232,000,000 obligation limitation on Intelligent Transportation

Systems, the following sums shall be made available for Intelligent

Transportation System projects that are designed to achieve the

goals and purposes set forth in section 5203 of the Intelligent

Transportation Systems Act of 1998 (subtitle C of title V of Public

Law 105–178; 112 Stat. 453; 23 U.S.C. 502 note) in the following

specified areas: City of Huntsville, Alabama, ITS, $4,500,000;

511 Traveler Information Program in North Carolina, $400,000;

Advanced Ticket Collection and Passenger Information Sys- tems, New Jersey, $750,000; Advanced Traffic Analysis Center, North Dakota, $200,000;

Advanced Transportation Management Systems (ATMS), Montgomery County, Maryland, $500,000;

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;

23 USC 104 note.

118 STAT. 286 PUBLIC LAW 108–199—JAN. 23, 2004

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;

PUBLIC LAW 108–199—JAN. 23, 2004 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;

118 STAT. 288 PUBLIC LAW 108–199—JAN. 23, 2004

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;

PUBLIC LAW 108–199—JAN. 23, 2004 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.

FEDERAL-AID HIGHWAYS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for carrying out

the provisions of title 23, United States Code, that are attributable

to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise

provided, including reimbursement for sums expended pursuant

to the provisions of 23 U.S.C. 308, $34,000,000,000 or so much

thereof as may be available in and derived from the Highway

Trust Fund, to remain available until expended.

FEDERAL-AID HIGHWAYS

MISCELLANEOUS HIGHWAY AND HIGHWAY SAFETY PROGRAMS

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, from the available

unobligated balances under the programs for which funds are

authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3),

1101(a)(4), and 1101(a)(5) of Public Law 105–178, as amended,

$15,000,000 shall be made available for planning and design activities, and initiation of construction of the project at Pennsylvania

Avenue in front of the White House; $20,000,000 shall be made

available to provide grants to States for the development or

enhancement of notification or communications systems along highways for alerts and other information for the recovery of abducted

children under section 303 of Public Law 108–21; $8,000,000 shall

be made available to the Federal Motor Carrier Safety Administration to make grants to States for implementation of section 210

of Public Law 106–159; $3,500,000 shall be made available to the

Federal Motor Carrier Safety Administration for necessary operating expenses and personnel for implementation of section 210

of Public Law 106–159; $23,000,000 shall be made available to

the Federal Motor Carrier Safety Administration to make grants

to States for southern border State operations for the purposes

described in 49 U.S.C. 31104(f)(2)(B); $9,000,000 shall be made

available to the Federal Motor Carrier Safety Administration to

make grants to States for northern border truck inspections;

$21,000,000 shall be made available to the Federal Motor Carrier

Safety Administration to make grants to States, local governments,

or other entities for commercial driver’s license program improvements; $47,000,000 shall be made available to make grants to

States for construction of State border safety inspection facilities

at the United States border with Mexico; and $150,545,000 shall

be made available to the National Highway Traffic Safety Administration for expenses necessary to discharge the functions of the

Secretary, with respect to traffic and highway safety under chapter

118 STAT. 290 PUBLIC LAW 108–199—JAN. 23, 2004

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

(HIGHWAY TRUST FUND)

(RESCISSION)

Of the unobligated balances of funds apportioned to each State

under the program authorized under sections 1101(a)(1), 1101(a)(2),

1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105–178, as

amended, $207,000,000 are rescinded.

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

For necessary expenses for the Appalachian Development Highway System as authorized under section 1069(y) of Public Law

102–240, as amended, $125,000,000, to remain available until

expended.

GENERAL PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 110. (a) For fiscal year 2004, the Secretary of Transportation shall—

(1) not distribute from the obligation limitation for Federalaid Highways amounts authorized for administrative expenses

and programs funded from the administrative takedown authorized by section 104(a)(1)(A) of title 23, United States Code,

for the highway use tax evasion program, for the Bureau of

Transportation Statistics and for the programs, projects, and

activities for which funds are made available under the heading

23 USC 104 note.

PUBLIC LAW 108–199—JAN. 23, 2004 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 Federalaid 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 Federalaid 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.

118 STAT. 292 PUBLIC LAW 108–199—JAN. 23, 2004

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation

limitation for Federal-aid Highways shall not apply to obligations:

(1) under section 125 of title 23, United States Code; (2) under

section 147 of the Surface Transportation Assistance Act of 1978;

(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)

under sections 131(b) and 131(j) of the Surface Transportation

Assistance Act of 1982; (5) under sections 149(b) and 149(c) of

the Surface Transportation and Uniform Relocation Assistance Act

of 1987; (6) under sections 1103 through 1108 of the Intermodal

Surface Transportation Efficiency Act of 1991; (7) under section

157 of title 23, United States Code, as in effect on the day before

the date of the enactment of the Transportation Equity Act for

the 21st Century; (8) under section 105 of title 23, United States

Code (but, only in an amount equal to $639,000,000 for such fiscal

year); and for Federal-aid highway programs for which obligation

authority was made available under the Transportation Equity

Act for the 21st Century or subsequent public laws for multiple

years or to remain available until used, but only to the extent

that such obligation authority has not lapsed or been used.

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall after August 1

for such fiscal year revise a distribution of the obligation limitation

made available under subsection (a) if a State will not obligate

the amount distributed during that fiscal year and redistribute

sufficient amounts to those States able to obligate amounts in

addition to those previously distributed during that fiscal year

giving priority to those States having large unobligated balances

of funds apportioned under sections 104 and 144 of title 23, United

States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of

title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.

1943–1945).

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall apply

to transportation research programs carried out under chapter 5

of title 23, United States Code, except that obligation authority

made available for such programs under such limitation shall

remain available for a period of 3 fiscal years.

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later

than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the

States any funds: (1) that are authorized to be appropriated for

such fiscal year for Federal-aid highways programs (other than

the program under section 160 of title 23, United States Code)

and for carrying out subchapter I of chapter 311 of title 49, United

States Code, and highway-related programs under chapter 4 of

title 23, United States Code; and (2) that the Secretary determines

will not be allocated to the States, and will not be available for

obligation, in such fiscal year due to the imposition of any obligation

limitation for such fiscal year. Such distribution to the States shall

be made in the same ratio as the distribution of obligation authority

under subsection (a)(6). The funds so distributed shall be available

for any purposes described in section 133(b) of title 23, United

States Code.

(f) SPECIAL RULE.—Obligation limitation distributed for a fiscal

year under subsection (a)(4) of this section for a section set forth

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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 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

112 Stat. 256.

118 STAT. 294 PUBLIC LAW 108–199—JAN. 23, 2004

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 Federalaid 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

PUBLIC LAW 108–199—JAN. 23, 2004 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. Notwithstanding Public Law 105–178, section

5208(d), Intelligent Transportation Systems appropriations for—

(1) Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, in

Public Law 105–277 and Public Law 106–69 shall be available

for use in the counties of Ashland, Barron, Bayfield, Burnett,

Chippewa, Douglas, Iron, Lincoln, Marathon, Polk, Portage,

Price, Rusk, Sawyer, Taylor, Washburn, Wood, Clark, Langlade,

and Oneida; and

(2) the City of Superior and Douglas County, Wisconsin,

in Public Law 106–69 shall be available for use in the City

of Superior and northern Wisconsin.

SEC. 117. (a) IN GENERAL.—As soon as practicable after the

date of enactment of this Act, the Secretary of Transportation

shall enter into an agreement with the State of Nevada, the State

of Arizona, or both, to provide a method of funding for construction

of a Hoover Dam Bypass Bridge from funds allocated for the Federal

Lands Highway Program under section 202(b) of title 23, United

States Code.

(b) METHODS OF FUNDING.—

(1) The agreement entered into under subsection (a) shall

provide for funding in a manner consistent with the advance

construction and debt instrument financing procedures for Federal-aid highways set forth in section 115 and 122 of title

23, except that the funding source may include funds made

available under the Federal Lands Highway Program.

(2) Eligibility for funding under this subsection shall not

be construed as a commitment, guarantee, or obligation on

the part of the United States to provide for payment of principal

or interest of an eligible debt financing instrument as so defined

in section 122, nor create a right of a third party against

the United States for payment under an eligible debt financing

instrument. The agreement entered into pursuant to subsection

(a) shall make specific reference to this provision of law.

(3) The provisions of this section do not limit the use

of other available funds for which the project referenced in

subsection (a) is eligible.

SEC. 118. Section 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, item number 8, is amended by striking

‘‘To relocate’’ and all that follows through ‘‘Street’’ and inserting

the following, ‘‘For road improvements and non-motorized enhancements in the Detroit East Riverfront, Detroit, Michigan’’.

105 Stat. 2060.

Contracts.

Nevada.

Arizona.

Wisconsin.

118 STAT. 296 PUBLIC LAW 108–199—JAN. 23, 2004

SEC. 119. 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. 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. 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 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

Deadline.

117 Stat. 413.

Michigan.

Michigan.

PUBLIC LAW 108–199—JAN. 23, 2004 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

MOTOR CARRIER SAFETY

LIMITATION ON ADMINISTRATIVE EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

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

118 STAT. 298 PUBLIC LAW 108–199—JAN. 23, 2004

year 2004: Provided, That notwithstanding any other provision

of law, for payment of obligations incurred to pay administrative

expenses of the Federal Motor Carrier Safety Administration,

$176,070,000, to be derived from the Highway Trust Fund and

to remain available until expended.

NATIONAL MOTOR CARRIER SAFETY PROGRAM

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out 49 U.S.C. 31102, 31106, and

31309, $190,000,000, to be derived from the Highway Trust Fund

and to remain available until expended: Provided, That none of

the funds in this Act shall be available for the implementation

or execution of programs the obligations for which are in excess

of $190,000,000 for ‘‘Motor Carrier Safety Grants’’ and ‘‘Information

Systems’’.

GENERAL PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 130. Funds appropriated or limited in this Act shall be

subject to the terms and conditions stipulated in section 350 of

Public Law 107–87, including that the Secretary submit a report

to the House and Senate Appropriations Committees annually on

the safety and security of transportation into the United States

by Mexico-domiciled motor carriers.

SEC. 131. No funds appropriated or otherwise made available

by this Act may be used to implement or enforce any provisions

of the Final Rule, issued on April 16, 2003 (Docket No. FMCSA–

97–2350), with respect to either of the following:

(1) The operators of utility service vehicles, as that term

is defined in section 395.2 of title 49, Code of Federal Regulations.

(2) Maximum daily hours of service for drivers engaged

in the transportation of property or passengers to or from

a motion picture or television production site located within

a 100-air mile radius of the work reporting location of such

drivers.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out the provisions of 23 U.S.C.

403, to remain available until expended, $72,000,000, to be derived

from the Highway Trust Fund: Provided, That none of the funds

in this Act shall be available for the planning or execution of

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

NATIONAL DRIVER REGISTER

(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the Secretary with respect to the National Driver Register under chapter

303 of title 49, United States Code, $3,600,000, to be derived from

the Highway Trust Fund, and to remain available until expended.

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out the provisions of 23 U.S.C.

402, 405, and 410, to remain available until expended, $225,000,000,

to be derived from the Highway Trust Fund: Provided, That none

of the funds in this Act shall be available for the planning or

execution of programs the total obligations for which, in fiscal

year 2004, are in excess of $225,000,000 for programs authorized

under 23 U.S.C. 402, 405, and 410, of which $165,000,000 shall

be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402, $20,000,000

shall be for ‘‘Occupant Protection Incentive Grants’’ under 23 U.S.C.

405, and $40,000,000 shall be for ‘‘Alcohol-Impaired Driving

Countermeasures Grants’’ under 23 U.S.C. 410: Provided further,

That none of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures

for State, local, or private buildings or structures: Provided further,

That not to exceed $8,150,000 of the funds made available for

section 402, not to exceed $1,000,000 of the funds made available

for section 405, and not to exceed $2,000,000 of the funds made

available for section 410 shall be available to NHTSA for administering highway safety grants under chapter 4 of title 23, United

States Code: Provided further, That not to exceed $500,000 of the

funds made available for section 410 ‘‘Alcohol-Impaired Driving

Countermeasures Grants’’ shall be available for technical assistance

to the States.

GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

SEC. 140. Notwithstanding any other provision of law, States

may use funds provided in this Act under section 402 of title

23, United States Code, to produce and place highway safety public

service messages in television, radio, cinema, and print media,

and on the Internet in accordance with guidance issued by the

Secretary of Transportation: Provided, That any State that uses

funds for such public service messages shall submit to the Secretary

a report describing and assessing the effectiveness of the messages:

Provided further, That $10,000,000 of the funds allocated under

section 157 of title 23, United States Code, shall be used as directed

Reports.

118 STAT. 300 PUBLIC LAW 108–199—JAN. 23, 2004

by the National Highway Traffic Safety Administrator to purchase

national paid advertising (including production and placement) to

support national safety belt mobilizations: Provided further, That,

of the funds allocated under section 163 of title 23, United States

Code, $2,750,000 shall be used as directed by the Administrator

to support national impaired driving mobilizations and enforcement

efforts, $14,000,000 shall be used as directed by the Administrator

to purchase national paid advertising (including production and

placement) to support such national impaired driving mobilizations

and enforcement efforts, $500,000 shall be used as directed by

the Administrator to conduct an evaluation of alcohol-impaired

driving messages, and $3,000,000 shall be used as directed by

the Administrator to conduct an impaired driving demonstration

program.

SEC. 141. Notwithstanding any other provision of law, funds

appropriated or limited in the Act to educate the motoring public

on how to share the road safely with commercial motor vehicles

shall be administered by the National Highway Traffic Safety

Administration.

SEC. 142. Notwithstanding any other provision of law, for fiscal

year 2004 the Secretary of Transportation is authorized to use

amounts made available to carry out section 157 of title 23, United

States Code, to make innovative project allocations, not to exceed

the prior year’s amounts for such allocations, before making incentive grants for use of seat belts.

SEC. 143. Notwithstanding any other provision of law, for fiscal

year 2004 the Secretary of Transportation is authorized to use

the amounts made available to carry out section 163 of title 23,

United States Code, to support national mobilizations that target

impaired drivers, in cooperation with the States and nonprofit safety

organizations that have been active participants in such mobilizations. Such support shall include impaired driving enforcement

grants, broadcast advertising to be used as directed by the Secretary, evaluation of these activities, and a demonstration project

to test new and improved strategies in States where the largest

gains in reducing alcohol-related fatalities can be made, as determined by the Secretary.

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $130,825,000, of which $11,712,000 shall

remain available until expended.

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development,

$34,025,000, to remain available until expended.

RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

The Secretary of Transportation is authorized to issue to the

Secretary of the Treasury notes or other obligations pursuant to

section 512 of the Railroad Revitalization and Regulatory Reform

Act of 1976 (Public Law 94–210), as amended, in such amounts

and at such times as may be necessary to pay any amounts required

PUBLIC LAW 108–199—JAN. 23, 2004 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.

NEXT GENERATION HIGH-SPEED RAIL

For necessary expenses for the Next Generation High-Speed

Rail program as authorized under 49 U.S.C. 26101 and 26102,

$37,400,000, to remain available until expended.

ALASKA RAILROAD REHABILITATION

To enable the Secretary of Transportation to make grants to the Alaska Railroad, $25,000,000 shall be for capital rehabilitation

and improvements benefiting its passenger operations, to remain

available until expended.

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make quarterly

grants to the National Railroad Passenger Corporation,

$1,225,000,000, to remain available until September 30, 2004: Provided, That the Secretary of Transportation shall approve funding

to cover operating losses and capital expenditures, including

advance purchase orders, for the National Railroad Passenger Corporation only after receiving and reviewing a grant request for

each specific train route: Provided further, That each such grant

request shall be accompanied by a detailed financial analysis, revenue projection, and capital expenditure projection justifying the

Federal support to the Secretary’s satisfaction: Provided further,

That the Secretary of Transportation shall reserve $60,000,000

of the funds provided under this heading and is authorized to

transfer such sums to the Surface Transportation Board, upon

request from said Board, to carry out directed service orders issued

pursuant to section 11123 of title 49, United States Code, to respond

to the cessation of commuter rail operations by the National Railroad Passenger Corporation: Provided further, That the Secretary

of Transportation shall make the reserved funds available to the

National Railroad Passenger Corporation through an appropriate

grant instrument during the fourth quarter of fiscal year 2004

to the extent that no directed service orders have been issued

by the Surface Transportation Board as of the date of transfer

or there is a balance of reserved funds not needed by the Board

to pay for any directed service order issued through September

30, 2004: Provided further, That not later than 60 days after enactment of this Act, Amtrak shall transmit, in electronic format, to

the Secretary of Transportation, the House and Senate Committees

on Appropriations, the House Committee on Transportation and

Infrastructure and the Senate Committee on Commerce, Science,

and Transportation a comprehensive business plan approved by

the Board of Directors for fiscal year 2005 under section 24104(a)

Deadline.

118 STAT. 302 PUBLIC LAW 108–199—JAN. 23, 2004

of title 49, United States Code: Provided further, That the business

plan shall include, as applicable, targets for ridership, revenues,

and capital and operating expenses: Provided further, That the

plan shall also include a separate accounting of such targets for

the Northeast Corridor; commuter service; long-distance Amtrak

service; state-supported service; each intercity train route; including

Autotrain; and commercial activities including contract operations

and mail and express: Provided further, That the business plan

shall include a description of the work to be funded, along with

cost estimates and an estimated timetable for completion of the

projects covered by this business plan: Provided further, That not

later than December 1, 2003 and no later than 30 days following

the last business day of the previous month thereafter, Amtrak

shall submit to the Secretary of Transportation and the House

and Senate Committees on Appropriations a supplemental report,

in electronic format, regarding the pending business plan, which

shall describe the work completed to date, any changes to the

business plan, and the reasons for such changes: Provided further,

That none of the funds in this Act may be used for operating

expenses, including advance purchase orders, and capital projects

not approved by the Secretary of Transportation nor on the National

Railroad Passenger Corporation’s fiscal year 2004 business plan:

Provided further, That Amtrak shall display the business plan

and all subsequent supplemental plans on the Corporation’s website

within a reasonable timeframe following their submission to the

appropriate entities: Provided further, That none of the funds under

this heading may be obligated or expended until the National

Railroad Passenger Corporation agrees to continue abiding by the

provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary

of conditions for the direct loan agreement of June 28, 2002, in

the same manner as in effect on the date of enactment of this

Act.

GENERAL PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 150. To authorize the Surface Transportation Board to

direct the continued operation of certain commuter rail passenger

transportation operations in emergency situations, and for other

purposes:

(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)—

Public

information.

Deadlines.

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 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. 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

Procedures.

49 USC 24101

note.

118 STAT. 304 PUBLIC LAW 108–199—JAN. 23, 2004

may reprogram up to $2,500,000 from the Amtrak operating grant

funds for costs associated with the implementation of the fair bid

procedure and demonstration of competition under this section.

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit

Administration’s programs authorized by chapter 53 of title 49,

United States Code, $15,100,000: Provided, That no more than

$75,500,000 of budget authority shall be available for these purposes: Provided further, That of the funds available not to exceed

$970,938 shall be available for the Office of the Administrator;

not to exceed $6,755,434 shall be available for the Office of Administration; not to exceed $3,892,622 shall be available for the Office

of the Chief Counsel; not to exceed $1,168,780 shall be available

for the Office of Communication and Congressional Affairs; not

to exceed $7,157,766 shall be available for the Office of Program

Management; not to exceed $6,231,332 shall be available for the

Office of Budget and Policy; not to exceed $4,854,892 shall be

available for the Office of Demonstration and Innovation; not to

exceed $2,717,034 shall be available for the Office of Civil Rights;

not to exceed $3,667,320 shall be available for the Office of Planning;

not to exceed $19,050,044 shall be available for regional offices;

and not to exceed $16,838,838 shall be available for the central

account: Provided further, That the Administrator is authorized

to transfer funds appropriated for an office of the Federal Transit

Administration: Provided further, That no appropriation for an office

shall be increased or decreased by more than 3 percent by all

such transfers: Provided further, That any change in funding greater

than 3 percent shall be submitted for approval to the House and

Senate Committees on Appropriations: Provided further, That of

the funds in this Act available for the execution of contracts under

section 5327(c) of title 49, United States Code, $2,000,000 shall

be reimbursed to the Department of Transportation’s Office of

Inspector General for costs associated with audits and investigations

of transit-related issues, including reviews of new fixed guideway

systems: Provided further, That not less than $2,200,000 for the

National transit database shall remain available until expended:

Provided further, That upon submission to the Congress of the

fiscal year 2005 President’s budget, the Secretary of Transportation

shall transmit to Congress the annual report on new starts, proposed allocations of funds for fiscal year 2005: Provided further,

That the amount herein appropriated shall be reduced by $100,000

per day for each day after initial submission of the President’s

budget that the report has not been submitted to the Congress.

FORMULA GRANTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5307, 5308,

5310, 5311, 5327, and section 3038 of Public Law 105–178,

$767,800,000, to remain available until expended: Provided, That

no more than $3,839,000,000 of budget authority shall be available

for these purposes: Provided further, That notwithstanding section

3008 of Public Law 105–178, $50,000,000 of the funds to carry

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 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’’.

UNIVERSITY TRANSPORTATION RESEARCH

For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000,

to remain available until expended: Provided, That no more than

$6,000,000 of budget authority shall be available for these purposes.

TRANSIT PLANNING AND RESEARCH

For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $25,200,000,

to remain available until expended: Provided, That no more than

$126,000,000 of budget authority shall be available for these purposes: Provided further, That $5,250,000 is available to provide rural transportation assistance (49 U.S.C. 5311(b)(2)), $4,000,000

is available to carry out programs under the National Transit

Institute (49 U.S.C. 5315), $8,250,000 is available to carry out

transit cooperative research programs (49 U.S.C. 5313(a)),

$60,385,600 is available for metropolitan planning (49 U.S.C. 5303,

5304, and 5305), $12,614,400 is available for State planning (49

U.S.C. 5313(b)); and $35,500,000 is available for the national planning and research program (49 U.S.C. 5314).

TRUST FUND SHARE OF EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of

obligations incurred in carrying out 49 U.S.C. 5303–5308, 5310–

5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038

of Public Law 105–178, $5,847,200,000, to remain available until

expended, and to be derived from the Mass Transit Account of

the Highway Trust Fund: Provided, That $3,071,200,000 shall be

paid to the Federal Transit Administration’s formula grants

account: Provided further, That $100,800,000 shall be paid to the

Federal Transit Administration’s transit planning and research

account: Provided further, That $60,400,000 shall be paid to the

Federal Transit Administration’s administrative expenses account:

Provided further, That $4,800,000 shall be paid to the Federal

Transit Administration’s university transportation research

account: Provided further, That $100,000,000 shall be paid to the

Federal Transit Administration’s job access and reverse commute

grants program: Provided further, That $2,510,000,000 shall be

paid to the Federal Transit Administration’s capital investment

grants account.

CAPITAL INVESTMENT GRANTS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5308, 5309,

5318, and 5327, $627,500,000, to remain available until expended:

Provided, That no more than $3,137,500,000 of budget authority

shall be available for these purposes: Provided further, That there

118 STAT. 306 PUBLIC LAW 108–199—JAN. 23, 2004

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;

PUBLIC LAW 108–199—JAN. 23, 2004 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.

JOB ACCESS AND REVERSE COMMUTE GRANTS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out section 3037 of the Federal

Transit Act of 1998, $25,000,000, to remain available until

expended: Provided, That no more than $125,000,000 of budget

118 STAT. 308 PUBLIC LAW 108–199—JAN. 23, 2004

authority shall be available for these purposes: Provided further,

That up to $300,000 of the funds provided under this heading

may be used by the Federal Transit Administration for technical

assistance and support and performance reviews of the Job Access

and Reverse Commute Grants program: Provided further, That

$20,000,000 of the funds provided under this heading shall be

transferred to and merged with funds for the replacement,

rehabilitation, and purchase of buses and related equipment and

the construction of bus-related facilities under ‘‘Federal Transit

Administration, Capital Investment Grants’’: Provided further, That

$2,331,545 in unobligated balances made available in Public Law

106–69 and $2,182,937 in unobligated balances made available

in Public Law 106–346 to carry out section 3037 of Public Law

105–178, as amended, shall be transferred to and merged with

funds for new fixed guideway systems under ‘‘Federal Transit

Administration, Capital Investment Grants’’.

GENERAL PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

SEC. 160. The limitations on obligations for the programs of

the Federal Transit Administration shall not apply to any authority

under 49 U.S.C. 5338, previously made available for obligation,

or to any other authority previously made available for obligation.

SEC. 161. Notwithstanding any other provision of law, and

except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Capital

investment grants’’ for projects specified in this Act or identified

in reports accompanying this Act not obligated by September 30,

2006, and other recoveries, shall be made available for other projects

under 49 U.S.C. 5309.

SEC. 162. Notwithstanding any other provision of law, any

funds appropriated before October 1, 2003, under any section of

chapter 53 of title 49, United States Code, that remain available

for expenditure may be transferred to and administered under

the most recent appropriation heading for any such section.

SEC. 163. Funds made available for Alaska or Hawaii ferry

boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B)

may be used to construct new vessels and facilities, or to improve

existing vessels and facilities, including both the passenger and

vehicle-related elements of such vessels and facilities, and for repair

facilities: Provided, That not more than $3,000,000 of the funds

made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used

by the State of Hawaii to initiate and operate a passenger ferryboat

services demonstration project to test the viability of different intraisland 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.

49 USC 5338

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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 Secretary shall establish a

pilot program to determine the benefits of encouraging cooperative

procurement of major capital equipment under sections 5307, 5309,

and 5311. The program shall consist of three pilot projects. Cooperative procurements in these projects may be carried out by grantees,

consortiums of grantees, or members of the private sector acting

as agents of grantees.

(b) FEDERAL SHARE.—Notwithstanding any other provision of

law, the Federal share for a grant under this pilot program shall

be 90 percent of the net project cost.

(c) PERMISSIBLE ACTIVITIES.—

(1) DEVELOPING SPECIFICATIONS.—Cooperative specifications may be developed either by the grantees or their agents.

(2) REQUESTS FOR PROPOSALS.—To the extent permissible

under State and local law, cooperative procurements under

this section may be carried out, either by the grantees or

their agents, by issuing one request for proposal for each

cooperative procurement, covering all agencies that are participating in the procurement.

(3) BEST AND FINAL OFFERS.—The cost of evaluating best

and final offers either by the grantees or their agents, is an

eligible expense under this program.

(d) TECHNOLOGY.—To the extent feasible, cooperative procurements under this section shall maximize use of Internet-based

software technology designed specifically for transit buses and other

major capital equipment to develop specifications; aggregate equipment requirements with other transit agencies; generate cooperative

request for proposal packages; create cooperative specifications; and

automate the request for approved equals process.

(e) ELIGIBLE EXPENSES.—The cost of the permissible activities

under (c) and procurement under (d) are eligible expenses under

the pilot program.

(f) PROPORTIONATE CONTRIBUTIONS.—Cooperating agencies may

contribute proportionately to the non-Federal share of any of the

eligible expenses under (e).

(g) OUTREACH.—The Secretary shall conduct outreach on

cooperative procurement. Under this program the Secretary shall:

(1) offer technical assistance to transit agencies to facilitate the

use of cooperative procurement of major capital equipment; and

(2) conduct seminars and conferences for grantees, nationwide, on

the concept of cooperative procurement of major capital equipment.

(h) REPORT.—Not later than 30 days after delivery of the base

order under each of the pilot projects, the Secretary shall submit

to the House and Senate Committees on Appropriations a report

on the results of that pilot project. Each report shall evaluate

any savings realized through the cooperative procurement and the

benefits of incorporating cooperative procurement, as shown by

that project, into the mass transit program as a whole.

SEC. 167. Notwithstanding any other provision of law, new

fixed guideway system funds available for the Yosemite, California,

area regional transportation system project, in the Department

Deadline.

49 USC 5307

note.

118 STAT. 310 PUBLIC LAW 108–199—JAN. 23, 2004

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,

PUBLIC LAW 108–199—JAN. 23, 2004 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 nonFederal share under section 5307 may include revenues from the

sale of advertising and concessions: Provided further, That this

provision shall remain in effect until September 30, 2004, or until

the Federal interest in the land, equipment or facilities leased

reaches 80 percent of its fair market value at disposition, whichever

occurs first.

SEC. 173. Notwithstanding any other provision of law, funds

designated to the Pennsylvania Cumberland/Dauphin County Corridor I project in committee reports accompanying this Act may

be available to the recipient for any project activities authorized

under sections 5307 and 5309 of title 49, United States Code.

SEC. 174. To the extent that funds provided by the Congress

for the Memphis Medical Center light rail extension project through

the section 5309 ‘‘new fixed guideway systems’’ program remain

available upon the closeout of the project, Federal Transit Administration is directed to permit the Memphis Area Transit Authority

to use all of those funds for planning, engineering, design, construction or acquisition projects pertaining to the Memphis Regional

Rail Plan. Such funds shall remain available until expended.

SEC. 175. Section 30303(d)(3) of the Transportation Equity Act

for the 21st Century (Public Law 105–178) is amended by inserting

at the end:

‘‘(D) Memphis-Shelby International Airport intermodal

facility.’’.

SEC. 176. For fiscal year 2004, section 3027 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5307 note; 112

Stat. 366), as amended, is amended by adding at the end the

following:

‘‘(3) SERVICES FOR ELDERLY AND PERSONS WITH DISABILITIES.—In addition to assistance made available under paragraph (1), the Secretary may provide assistance under section

5307 of title 49, United States Code, to a transit provider

that operates 25 or fewer vehicles in an urbanized area with

a population of at least 200,000 to finance the operating costs

of equipment and facilities used by the transit provider in

providing mass transportation services to elderly and persons

with disabilities, provided that such assistance to all entities

shall not exceed $10,000,000 annually.’’.

SEC. 177. None of the funds in this Act shall be available

to any Federal transit grantee after February 1, 2004, involved

directly or indirectly, in any activity that promotes the legalization

or medical use of any substance listed in schedule I of section

202 of the Controlled Substances Act (21 U.S.C. 812 et seq.).

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is

hereby authorized to make such expenditures, within the limits

of funds and borrowing authority available to the Corporation,

and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by

section 104 of the Government Corporation Control Act, as

amended, as may be necessary in carrying out the programs set

forth in the Corporation’s budget for the current fiscal year.

112 Stat. 379.

Termination

date.

118 STAT. 312 PUBLIC LAW 108–199—JAN. 23, 2004

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operations and maintenance of those

portions of the Saint Lawrence Seaway operated and maintained

by the Saint Lawrence Seaway Development Corporation,

$14,400,000, to be derived from the Harbor Maintenance Trust

Fund, pursuant to Public Law 99–662.

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag

merchant fleet to serve the national security needs of the United

States, $98,700,000, to remain available until expended.

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities

authorized by law, $106,997,000, of which $23,600,000 shall remain

available until September 30, 2004, for salaries and benefits of

employees of the United States Merchant Marine Academy; of which

$13,500,000 shall remain available until expended for capital

improvements at the United States Merchant Marine Academy;

of which $8,063,000 shall remain available until expended for the

State Maritime Schools Schoolship Maintenance and Repair; of

which $500,000 shall remain available until expended for the

evaluation and provision of the fourteen commercially strategic

ports; and of which $1,000,000 shall remain available until September 30, 2005, for Maritime Security Professional Training in

support of section 109 of the Maritime Transportation Security

Act of 2002.

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $16,211,000, to remain available until expended.

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

For administrative expenses to carry out the guaranteed loan

program, not to exceed $4,498,000, which shall be transferred to

and merged with the appropriation for Operations and Training.

SHIP CONSTRUCTION

(RESCISSION)

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

GENERAL PROVISIONS—MARITIME ADMINISTRATION

SEC. 180. Notwithstanding any other provision of this Act,

the Maritime Administration is authorized to furnish utilities and

services and make necessary repairs in connection with any lease,

contract, or occupancy involving Government property under control

PUBLIC LAW 108–199—JAN. 23, 2004 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

RESEARCH AND SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the

Research and Special Programs Administration, $46,441,000, of

which $645,000 shall be derived from the Pipeline Safety Fund,

and of which $2,510,000 shall remain available until September

30, 2006: Provided, That up to $1,200,000 in fees collected under

49 U.S.C. 5108(g) shall be deposited in the general fund of the

Treasury as offsetting receipts: Provided further, That there may

be credited to this appropriation, to be available until expended,

funds received from States, counties, municipalities, other public

authorities, and private sources for expenses incurred for training,

for reports publication and dissemination, and for travel expenses

incurred in performance of hazardous materials exemptions and

approvals functions.

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline

safety program, for grants-in-aid to carry out a pipeline safety

program, as authorized by 49 U.S.C. 60107, and to discharge the

pipeline program responsibilities of the Oil Pollution Act of 1990,

$66,305,000, of which $13,000,000 shall be derived from the Oil

Spill Liability Trust Fund and shall remain available until September 30, 2006; of which $53,305,000 shall be derived from the

Pipeline Safety Fund, of which $21,828,000 shall remain available

until September 30, 2006.

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000,

to be derived from the Emergency Preparedness Fund, to remain

available until September 30, 2006: Provided, That not more than

$14,300,000 shall be made available for obligation in fiscal year

2004 from amounts made available by 49 U.S.C. 5116(i) and 5127(d):

Provided further, That none of the funds made available by 49

U.S.C. 5116(i) and 5127(d) shall be made available for obligation

by individuals other than the Secretary of Transportation, or his

designee.

118 STAT. 314 PUBLIC LAW 108–199—JAN. 23, 2004

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to

carry out the provisions of the Inspector General Act of 1978,

as amended, $56,000,000: Provided, That the Inspector General

shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.

3) to investigate allegations of fraud, including false statements

to the government (18 U.S.C. 1001), by any person or entity that

is subject to regulation by the Department: Provided further, That

the funds made available under this heading shall be used to

investigate, pursuant to section 41712 of title 49, United States

Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents;

and (2) the compliance of domestic and foreign air carriers with

respect to item (1) of this proviso.

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board,

including services authorized by 5 U.S.C. 3109, $19,521,000: Provided, That notwithstanding any other provision of law, not to

exceed $1,050,000 from fees established by the Chairman of the

Surface Transportation Board shall be credited to this appropriation

as offsetting collections and used for necessary and authorized

expenses under this heading: Provided further, That the sum herein

appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during

fiscal year 2004, to result in a final appropriation from the general

fund estimated at no more than $18,471,000.

TITLE II—DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Departmental Offices including

operation and maintenance of the Treasury Building and Annex;

hire of passenger motor vehicles; maintenance, repairs, and

improvements of, and purchase of commercial insurance policies

for, real properties leased or owned overseas, when necessary for

the performance of official business; not to exceed $3,000,000, to

remain available until September 30, 2005, for information technology modernization requirements; not to exceed $150,000 for official reception and representation expenses; not to exceed $258,000

for unforeseen emergencies of a confidential nature, to be allocated

and expended under the direction of the Secretary of the Treasury

and to be accounted for solely on his certificate, $176,109,000:

Provided, That the Office of Foreign Assets Control shall be funded

at no less than $21,855,000 and 120 full time equivalent positions:

Provided further, That of these amounts, $2,900,000 is available

for grants to State and local law enforcement groups to help fight

Air carriers.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For development and acquisition of automatic data processing

equipment, software, and services for the Department of the

Treasury, $36,400,000, to remain available until September 30,

2006: Provided, That these funds shall be transferred to accounts

and in amounts as necessary to satisfy the requirements of the

Department’s offices, bureaus, and other organizations: Provided

further, That this transfer authority shall be in addition to any

other transfer authority provided in this Act: Provided further,

That none of the funds appropriated shall be used to support

or supplement the Internal Revenue Service appropriations for

Information Systems or Business Systems Modernization.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, not to exceed $2,000,000 for official travel expenses,

including hire of passenger motor vehicles; and not to exceed

$100,000 for unforeseen emergencies of a confidential nature, to

be allocated and expended under the direction of the Inspector

General of the Treasury, $13,000,000, of which not to exceed $2,500

shall be available for official reception and representation expenses.

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for

Tax Administration in carrying out the Inspector General Act of

1978, as amended, including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles

(31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at such

rates as may be determined by the Inspector General for Tax

Administration; not to exceed $6,000,000 for official travel expenses;

and not to exceed $500,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of

the Inspector General for Tax Administration, $128,034,000.

AIR TRANSPORTATION STABILIZATION PROGRAM

For necessary expenses to administer the Air Transportation

Stabilization Board established by section 102 of the Air Transportation Safety and System Stabilization Act (Public Law 107–42),

$2,538,000, to remain available until expended.

118 STAT. 316 PUBLIC LAW 108–199—JAN. 23, 2004

TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Treasury Building and Annex, $25,000,000, to remain available until September 30, 2006, of which not less than $7,000,000 shall not be

available for obligation until completion of the audit by the Treasury

Inspector General or upon the advance approval of the House and

Senate Committees on Appropriations.

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement

Network, including hire of passenger motor vehicles; travel expenses

of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and

financial regulation; not to exceed $14,000 for official reception

and representation expenses; and for assistance to Federal law

enforcement agencies, with or without reimbursement, $57,571,000,

of which not to exceed $4,500,000 shall remain available until

September 30, 2006; and of which $8,152,000 shall remain available

until September 30, 2005: Provided, That funds appropriated in

this account may be used to procure personal services contracts.

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service,

$228,558,000, of which not to exceed $9,220,000 shall remain available until September 30, 2006, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available

for official reception and representation expenses.

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the

Homeland Security Act of 2002, including hire of passenger motor

vehicles, $80,000,000; of which not to exceed $6,000 for official

reception and representation expenses; not to exceed $50,000 for

cooperative research and development programs for Laboratory

Services; and provision of laboratory assistance to State and local

agencies with or without reimbursement.

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the

United States Mint is provided funding through the United States

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services,

including both operating expenses and capital investments. The

aggregate amount of new liabilities and obligations incurred during

fiscal year 2004 under such section 5136 for circulating coinage

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 317

and protective service capital investments of the United States

Mint shall not exceed $40,652,000.

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues of the United States, $178,052,000, of which not to exceed $2,500

shall be available for official reception and representation expenses,

and of which not to exceed $2,000,000 shall remain available until

expended for systems modernization: Provided, That the sum appropriated herein from the General Fund for fiscal year 2004 shall

be reduced by not more than $4,400,000 as definitive security

issue fees and Treasury Direct Investor Account Maintenance fees

are collected, so as to result in a final fiscal year 2004 appropriation

from the general fund estimated at $173,652,000. In addition,

$40,000 to be derived from the Oil Spill Liability Trust Fund

to reimburse the Bureau for administrative and personnel expenses

for financial management of the Fund, as authorized by section

1012 of Public Law 101–380.

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

For necessary expenses of the Internal Revenue Service for

pre-filing taxpayer assistance and education, filing and account

services, shared services support, general management and

administration; and services as authorized by 5 U.S.C. 3109, at

such rates as may be determined by the Commissioner,

$4,033,000,000, of which up to $4,100,000 shall be for the Tax

Counseling for the Elderly Program, of which $7,500,000 shall

be available for low-income taxpayer clinic grants, and of which

not to exceed $25,000 shall be for official reception and representation expenses.

TAX LAW ENFORCEMENT

For necessary expenses of the Internal Revenue Service for

determining and establishing tax liabilities; providing litigation support; conducting criminal investigation and enforcement activities;

securing unfiled tax returns; collecting unpaid accounts; conducting

a document matching program; resolving taxpayer problems

through prompt identification, referral and settlement; resolving

essential earned income tax credit compliance and error problems;

compiling statistics of income and conducting compliance research;

purchase (for police-type use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by U.S.C. 3109, at such rates as may be determined by the

Commissioner, $4,196,000,000, of which not to exceed $1,000,000

shall remain available until September 30, 2006, for research: Provided, That such sums may be transferred as necessary from this

account to the IRS Processing, Assistance, and Management appropriation or the IRS Information Systems appropriation solely for

the purposes of management of the Earned Income Tax Compliance

program and to reimburse the Social Security Administration for

the cost of implementing section 1090 of the Taxpayer Relief Act

of 1997 (Public Law 105–33): Provided further, That this transfer

118 STAT. 318 PUBLIC LAW 108–199—JAN. 23, 2004

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

INFORMATION SYSTEMS

For necessary expenses of the Internal Revenue Service for

information systems and telecommunications support, including

developmental information systems and operational information

systems; the hire of passenger motor vehicles (31 U.S.C. 1343(b));

and services as authorized by 5 U.S.C. 3109, at such rates as

may be determined by the Commissioner, $1,590,962,000, of which

$200,000,000 shall remain available until September 30, 2005.

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service,

$390,000,000, to remain available until September 30, 2006, for

the capital asset acquisition of information technology systems,

including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That none of these funds may

be obligated until the Internal Revenue Service submits to the

Committees on Appropriations, and such Committees approve, a

plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of

Management and Budget, including Circular A–11 part 3; (2) complies with the Internal Revenue Service’s enterprise architecture,

including the modernization blueprint; (3) conforms with the

Internal Revenue Service’s enterprise life cycle methodology; (4)

is approved by the Internal Revenue Service, the Department of

the Treasury, and the Office of Management and Budget; (5) has

been reviewed by the General Accounting Office; and (6) complies

with the acquisition rules, requirements, guidelines, and systems

acquisition management practices of the Federal Government.

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

For expenses necessary to implement the health insurance

tax credit included in the Trade Act of 2002 (Public Law 107–

210), $35,000,000, to remain available until September 30, 2005.

GENERAL PROVISIONS—INTERNAL REVENUE SERVICE

SEC. 201. Not to exceed 5 percent of any appropriation made

available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon

the advance approval of the Committees on Appropriations.

SEC. 202. The Internal Revenue Service shall maintain a

training program to ensure that Internal Revenue Service

employees are trained in taxpayers’ rights, in dealing courteously

with the taxpayers, and in cross-cultural relations.

SEC. 203. The Internal Revenue Service shall institute and

enforce policies and procedures that will safeguard the confidentiality of taxpayer information.

SEC. 204. Funds made available by this or any other Act to

the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective

1–800 help line service for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service

Procedures.

26 USC 6103

note.

26 USC 7804

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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. Within one hundred and eighty days of enactment,

the Secretary of the Treasury shall present to the Congress a

proposal for legislation which would provide transition relief for

older and longer-service participants affected by conversions of their

employers’ traditional pension plans to cash balance pension plans:

Provided, That none of the funds made available in this Act may

be used by the Secretary of the Treasury, or his designee, to

issue any rule or regulation which implements the proposed amendments to Internal Revenue Service regulations set forth in REG–

209500–86 and REG–164464–02, or any amendments reaching

results similar to such proposed amendments.

SEC. 206. STUDY ON EARNED INCOME TAX CREDIT CERTIFICATION PROGRAM. (A) STUDY.—The Internal Revenue Service shall

conduct a study, as a part of any program that requires certification

(including pre-certification) in order to claim the earned income

tax credit under section 32 of the Internal Revenue Code of 1986,

on the following matters:

(1) The costs (in time and money) incurred by the participants in the program.

(2) The administrative costs incurred by the Internal Revenue Service in operating the program.

(3) The percentage of individuals included in the program

who were not certified for the credit, including the percentage

of individuals who were not certified due to—

(A) ineligibility for the credit; and

(B) failure to complete the requirements for certification.

(4) The percentage of individuals to whom paragraph (3)(B)

applies who were—

(A) otherwise eligible for the credit; and

(B) otherwise ineligible for the credit.

(5) The percentage of individuals to whom paragraph (3)(B)

applies who—

(A) did not respond to the request for certification;

and

(B) responded to such request but otherwise failed

to complete the requirements for certification.

(6) The reasons—

(A) for which individuals described in paragraph (5)(A)

did not respond to requests for certification; and

(B) for which individuals described in paragraph (5)(B)

had difficulty in completing the requirements for certification.

(7) The characteristics of those individuals who were denied

the credit due to—

(A) failure to complete the requirements for certification; and

(B) ineligibility for the credit.

(8) The impact of the program on non-English speaking

participants.

(9) The impact of the program on homeless and other

highly transient individuals.

(b) REPORT.— Deadlines.

26 USC 32 note.

Deadline.

Proposal.

Pensions.

118 STAT. 320 PUBLIC LAW 108–199—JAN. 23, 2004

(1) PRELIMINARY REPORT.—Not later than July 30, 2004,

the Commissioner of the Internal Revenue Service shall submit

to Congress a preliminary report on the study conducted under

subsection (a).

(2) FINAL REPORT.—Not later than June 30, 2005, the

Commissioner of the Internal Revenue Service shall submit

to Congress a final report detailing the findings of the study

conducted under subsection (a).

GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

SEC. 210. Appropriations to the Department of the Treasury

in this Act shall be available for uniforms or allowances therefor,

as authorized by law (5 U.S.C. 5901), including maintenance,

repairs, and cleaning; purchase of insurance for official motor

vehicles operated in foreign countries; purchase of motor vehicles

without regard to the general purchase price limitations for vehicles

purchased and used overseas for the current fiscal year; entering

into contracts with the Department of State for the furnishing

of health and medical services to employees and their dependents

serving in foreign countries; and services authorized by 5 U.S.C.

3109.

SEC. 211. Not to exceed 2 percent of any appropriations in

this Act made available to the Departmental Offices—Salaries and

Expenses, Office of Inspector General, Financial Management

Service, Alcohol and Tobacco Tax and Trade Bureau, Financial

Crime Enforcement Network, and Bureau of the Public Debt, may

be transferred between such appropriations upon the advance

approval of the Committees on Appropriations. No transfer may

increase or decrease any such appropriation by more than 2 percent.

SEC. 212. Not to exceed 2 percent of any appropriation made

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s

appropriation upon the advance approval of the Committees on

Appropriations. No transfer may increase or decrease any such

appropriation by more than 2 percent.

SEC. 213. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of

the Treasury certifies that the purchase by the respective Treasury

bureau is consistent with Departmental vehicle management principles: Provided, That the Secretary may delegate this authority

to the Assistant Secretary for Management.

SEC. 214. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau

of Engraving and Printing may be used to redesign the $1 Federal

Reserve note.

SEC. 215. The Secretary of the Treasury may transfer funds

from ‘‘Salaries and Expenses’’, Financial Management Service, to

the Debt Services Account as necessary to cover the costs of debt

collection: Provided, That such amounts shall be reimbursed to

such Salaries and Expenses account from debt collections received

in the Debt Services Account.

SEC. 216. Section 122(g)(1) of Public Law 105–119 (5 U.S.C.

3104 note), is further amended by striking ‘‘5 years’’ and inserting

‘‘6 years’’.

SEC. 217. None of the funds appropriated or otherwise made

available by this or any other Act may be used by the United

Certification.

PUBLIC LAW 108–199—JAN. 23, 2004 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. For fiscal year 2004 and each fiscal year thereafter,

there are appropriated to the Secretary of the Treasury such sums

as may be necessary to reimburse financial institutions in their

capacity as depositaries and financial agents of the United States

for all services required or directed by the Secretary of the Treasury,

or the Secretary’s designee, to be performed by such financial

institutions on behalf of the Department of the Treasury or other

Federal agencies, including services rendered prior to fiscal year

2004.

TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND

FUNDS APPROPRIATED TO THE PRESIDENT

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C.

102, $450,000: Provided, That none of the funds made available

for official expenses shall be expended for any other purpose and

any unused amount shall revert to the Treasury pursuant to section

1552 of title 31, United States Code.

WHITE HOUSE OFFICE

SALARIES AND EXPENSES

For necessary expenses for the White House as authorized

by law, including not to exceed $3,850,000 for services as authorized

by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted

for as provided in that section; hire of passenger motor vehicles,

newspapers, periodicals, teletype news service, and travel (not to

exceed $100,000 to be expended and accounted for as provided

by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive

Office of the President, $69,168,000: Provided, That $8,650,000

of the funds appropriated shall be available for reimbursements

to the White House Communications Agency: Provided further, That

$7,231,000 of the funds appropriated under this heading shall be

available for the Homeland Security Council.

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing,

improvement, heating, and lighting, including electric power and

fixtures, of the Executive Residence at the White House and official

entertainment expenses of the President, $12,501,000, to be

expended and accounted for as provided by 3 U.S.C. 105, 109,

110, and 112–114.

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at

the White House, such sums as may be necessary: Provided, That

3 USC 102 note.

12 USC 5018

note.

118 STAT. 322 PUBLIC LAW 108–199—JAN. 23, 2004

all reimbursable operating expenses of the Executive Residence

shall be made in accordance with the provisions of this paragraph:

Provided further, That, notwithstanding any other provision of law,

such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and

to receive offsetting collections, for such expenses: Provided further,

That the Executive Residence shall require each person sponsoring

a reimbursable political event to pay in advance an amount equal

to the estimated cost of the event, and all such advance payments

shall be credited to this account and remain available until

expended: Provided further, That the Executive Residence shall

require the national committee of the political party of the President

to maintain on deposit $25,000, to be separately accounted for

and available for expenses relating to reimbursable political events

sponsored by such committee during such fiscal year: Provided

further, That the Executive Residence shall ensure that a written

notice of any amount owed for a reimbursable operating expense

under this paragraph is submitted to the person owing such amount

within 60 days after such expense is incurred, and that such amount

is collected within 30 days after the submission of such notice:

Provided further, That the Executive Residence shall charge interest

and assess penalties and other charges on any such amount that

is not reimbursed within such 30 days, in accordance with the

interest and penalty provisions applicable to an outstanding debt

on a United States Government claim under section 3717 of title

31, United States Code: Provided further, That each such amount

that is reimbursed, and any accompanying interest and charges,

shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive Residence shall prepare and

submit to the Committees on Appropriations, by not later than

90 days after the end of the fiscal year covered by this Act, a

report setting forth the reimbursable operating expenses of the

Executive Residence during the preceding fiscal year, including

the total amount of such expenses, the amount of such total that

consists of reimbursable official and ceremonial events, the amount

of such total that consists of reimbursable political events, and

the portion of each such amount that has been reimbursed as

of the date of the report: Provided further, That the Executive

Residence shall maintain a system for the tracking of expenses

related to reimbursable events within the Executive Residence that

includes a standard for the classification of any such expense as

political or nonpolitical: Provided further, That no provision of this

paragraph may be construed to exempt the Executive Residence

from any other applicable requirement of subchapter I or II of

chapter 37 of title 31, United States Code.

WHITE HOUSE REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Executive

Residence at the White House, $4,225,000, to remain available

until expended, for required maintenance, safety and health issues,

and continued preventative maintenance.

Records.

Deadline.

Reports.

Notices.

Deadlines.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 323

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisors

in carrying out its functions under the Employment Act of 1946

(15 U.S.C. 1021), $4,502,000.

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

For necessary expenses of the Office of Policy Development,

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

107, $4,109,000.

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council,

including services as authorized by 5 U.S.C. 3109, $10,551,000.

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration,

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

107, and hire of passenger motor vehicles, $82,826,000, of which

$20,578,000 shall remain available until expended for the Capital

Investment Plan for continued modernization of the information

technology infrastructure within the Executive Office of the President.

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and

Budget, including hire of passenger motor vehicles and services

as authorized by 5 U.S.C. 3109 and to carry out the provisions

of chapter 35 of title 44, United States Code, $67,159,000, of which

not to exceed $3,000 shall be available for official representation

expenses: Provided, That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied only to the objects for which appropriations were made except as otherwise provided by law: Provided

further, That none of the funds appropriated in this Act for the

Office of Management and Budget may be used for the purpose

of reviewing any agricultural marketing orders or any activities

or regulations under the provisions of the Agricultural Marketing

Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further,

That none of the funds made available for the Office of Management

and Budget by this Act may be expended for the altering of the

transcript of actual testimony of witnesses, except for testimony

of officials of the Office of Management and Budget, before the

Committees on Appropriations or the Committees on Veterans’

Affairs or their subcommittees: Provided further, That the preceding

shall not apply to printed hearings released by the Committees

Applicability.

118 STAT. 324 PUBLIC LAW 108–199—JAN. 23, 2004

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 suballocation of budget authority or outlays by the Committees on

Appropriations among their subcommittees.

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control

Policy; for research activities pursuant to the Office of National

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701

et seq.); not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the

provision of services on matters of mutual interest with nonprofit,

research, or public organizations or agencies, with or without

reimbursement, $27,996,500; of which $1,350,000 shall remain

available until expended for policy research and evaluation; and

$1,500,000 for the National Alliance for Model State Drug Laws:

Provided, That the Office is authorized to accept, hold, administer,

and utilize gifts, both real and personal, public and private, without

fiscal year limitation, for the purpose of aiding or facilitating the

work of the Office.

COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Counterdrug Technology Assessment Center for research activities pursuant to the Office of

National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C.

1701 et seq.), $42,000,000, which shall remain available until

expended, consisting of $18,000,000 for counternarcotics research

and development projects, and $24,000,000 for the continued operation of the technology transfer program: Provided, That the

$18,000,000 for counternarcotics research and development projects

shall be available for transfer to other Federal departments or

agencies.

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control

Policy’s High Intensity Drug Trafficking Areas Program,

$226,350,000, for drug control activities consistent with the

approved strategy for each of the designated High Intensity Drug

Trafficking Areas, of which no less than 51 percent shall be transferred to State and local entities for drug control activities, which

shall be obligated within 120 days of the date of the enactment

of this Act: Provided, That up to 49 percent, to remain available

until September 30, 2005, may be transferred to Federal agencies

and departments at a rate to be determined by the Director, of

which not less than $2,100,000 shall be used for auditing services

21 USC 1702

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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.

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For activities to support a national anti-drug campaign for

youth, and for other purposes, authorized by the Office of National

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701

et seq.), $229,000,000, to remain available until expended, of which

the following amounts are available as follows: $145,000,000 to

support a national media campaign, as authorized by the DrugFree 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

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide

assistance to the President in connection with specially assigned

118 STAT. 326 PUBLIC LAW 108–199—JAN. 23, 2004

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

106, including subsistence expenses as authorized by 3 U.S.C. 106,

which shall be expended and accounted for as provided in that

section; and hire of passenger motor vehicles, $4,461,000.

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the

extent not otherwise provided for, heating and lighting, including

electric power and fixtures, of the official residence of the Vice

President; the hire of passenger motor vehicles; and not to exceed

$90,000 for official entertainment expenses of the Vice President,

to be accounted for solely on his certificate, $331,000: Provided,

That advances or repayments or transfers from this appropriation

may be made to any department or agency for expenses of carrying

out such activities.

GENERAL PROVISION—EXECUTIVE OFFICE OF THE PRESIDENT

SEC. 301. Section 102 of title 3, United States Code, is amended

by striking ‘‘, for which expense allowance’’ and all that follows

through the first period and inserting ‘‘. Any unused amount of

such expense allowance shall revert to the Treasury pursuant to

section 1552 of title 31, United States Code. No amount of such

expense allowance shall be included in the gross income of the

President.’’.

TITLE IV—INDEPENDENT AGENCIES

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE

BOARD

SALARIES AND EXPENSES

For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502

of the Rehabilitation Act of 1973, as amended $5,401,000: Provided,

That, notwithstanding any other provision of law, there may be

credited to this appropriation funds received for publications and

training expenses.

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety

Board, including hire of passenger motor vehicles and aircraft;

services as authorized by 5 U.S.C. 3109, but at rates for individuals

not to exceed the per diem rate equivalent to the rate for a GS–

15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.

5901–5902) $73,499,000, of which not to exceed $2,000 may be

used for official reception and representation expenses.

EMERGENCY FUND

For necessary expenses of the National Transportation Safety Board for accident investigations, $600,000, to remain available

until expended: Provided, That these funds shall be available only

PUBLIC LAW 108–199—JAN. 23, 2004 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

SALARIES AND EXPENSES

For necessary expenses of the Committee for Purchase From

People Who Are Blind or Severely Disabled established by Public

Law 92–28, $4,725,000.

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended, $51,240,000,

of which no less than $6,389,900 shall be available for internal

automated data processing systems, of which not to exceed $5,000

shall be available for reception and representation expenses, and

of which $800,000 shall be available for necessary expenses to

carry out the functions of the Office of Election Administration:

Provided, That upon the transfer of functions of the Office of Election Administration to the Election Assistance Commission under

the provisions of title VIII of the Help America Vote Act of 2002,

any portion of such funds remaining available as of the date of

the transfer shall be transferred to the Election Assistance Commission for purposes of carrying out such functions.

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the Help America Vote

Act of 2002, $1,200,000.

ELECTION REFORM PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out a program of requirements

payments to States as authorized by section 257 of the Help America

Vote Act of 2002, $500,000,000: Provided, That no more that onetenth 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.

118 STAT. 328 PUBLIC LAW 108–199—JAN. 23, 2004

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including

services authorized by 5 U.S.C. 3109, and including hire of experts

and consultants, hire of passenger motor vehicles, and rental of

conference rooms in the District of Columbia and elsewhere,

$29,611,000: Provided, That public members of the Federal Service

Impasses Panel may be paid travel expenses and per diem in

lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons

employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to nonFederal participants at labor-management relations conferences

shall be credited to and merged with this account, to be available

without further appropriation for the costs of carrying out these

conferences.

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission

as authorized by section 201(d) of the Merchant Marine Act, 1936,

as amended (46 U.S.C. App. 1111), including services as authorized

by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized

by 31 U.S.C. 1343(b); and uniforms or allowances therefore, as

authorized by 5 U.S.C. 5901–5902, $18,471,000: Provided, That

not to exceed $2,000 shall be available for official reception and

representation expenses.

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount to be deposited in, and to be used

for the purposes of, the Fund established pursuant to section 210(f)

of the Federal Property and Administrative Services Act of 1949,

as amended (40 U.S.C. 592), $446,000,000. The revenues and collections deposited into the Fund shall be available for necessary

expenses of real property management and related activities not

otherwise provided for, including operation, maintenance, and

protection of federally owned and leased buildings; rental of

buildings in the District of Columbia; restoration of leased premises;

moving governmental agencies (including space adjustments and

telecommunications relocation expenses) in connection with the

assignment, allocation and transfer of space; contractual services

incident to cleaning or servicing buildings, and moving; repair and

alteration of federally owned buildings including grounds,

approaches and appurtenances; care and safeguarding of sites;

PUBLIC LAW 108–199—JAN. 23, 2004 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.

118 STAT. 330 PUBLIC LAW 108–199—JAN. 23, 2004

McAllen, Border Station, $17,938,000.

San Antonio, United States Courthouse,

$8,000,000.

Virginia:

Richmond, United States Courthouse, $83,000,000.

Washington:

Blaine, Border Station, $9,812,000.

Nonprospectus Construction, $9,000,000:

Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected

in other such projects, but not to exceed 10 percent of the amounts

included in an approved prospectus, if required, unless advance

approval is obtained from the Committees on Appropriations of

a greater amount: Provided further, That all funds for direct

construction projects shall expire on September 30, 2005, and

remain in the Federal Buildings Fund except for funds for projects

as to which funds for design or other funds have been obligated

in whole or in part prior to such date; (2) $991,300,000 shall

remain available until expended for repairs and alterations, which

includes associated design and construction services:

Repairs and Alterations:

Colorado:

Denver, Byron G. Rogers Federal Building—Courthouse, $39,436,000.

District of Columbia:

320 First Street, $7,485,000.

Eisenhower Executive Office Building,

$65,757,000.

Federal Office Building 8, $134,872,000.

Main Interior Building, $15,603,000.

Fire & Life Safety, $68,188,000.

Georgia:

Atlanta, Richard B. Russell Federal Building,

$32,173,000.

Illinois:

Chicago, Dirksen Courthouse & Kluczynski Federal Building, $24,056,000.

Springfield, Paul H. Findley Federal Building—

Courthouse, $6,183,000.

Indiana:

Terre Haute Federal Building—Post Office,

$4,600,000.

Massachusetts:

Boston, John W. McCormack Post Office and

Courthouse, $73,037,000.

New York:

Brooklyn, Emanuel Celler Courthouse,

$65,511,000.

North Dakota:

Fargo, Federal Building—Post Office, $5,801,000.

Ohio:

Columbus, John W. Bricker Federal Building,

$10,707,000.

Washington:

Auburn, Building 7, Auburn Federal Building,

$18,315,000.

Bellingham, Federal Building, $2,610,000.

Expiration date.

PUBLIC LAW 108–199—JAN. 23, 2004 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 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

Expiration date.

118 STAT. 332 PUBLIC LAW 108–199—JAN. 23, 2004

such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership

or control as may be appropriate to enable the United States Secret

Service to perform its protective functions pursuant to 18 U.S.C.

3056, shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums

accruing to this Fund during fiscal year 2004, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess of

$6,717,208,000 shall remain in the Fund and shall not be available

for expenditure except as authorized in appropriations Acts.

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for,

for Government-wide policy and evaluation activities associated

with the management of real and personal property assets and

certain administrative services; Government-wide policy support

responsibilities relating to acquisition, telecommunications,

information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109, $56,383,000.

OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for,

for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; telecommunications, information technology management, and related

technology activities; providing Internet access to Federal information and services; agency-wide policy direction and management,

and Board of Contract Appeals; accounting, records management,

and other support services incident to adjudication of Indian Tribal

Claims by the United States Court of Federal Claims; services

as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for

official reception and representation expenses, $88,110,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and

services authorized by 5 U.S.C. 3109, $39,169,000: Provided, That

not to exceed $15,000 shall be available for payment for information

and detection of fraud against the Government, including payment

for recovery of stolen Government property: Provided further, That

not to exceed $2,500 shall be available for awards to employees

of other Federal agencies and private citizens in recognition of

efforts and initiatives resulting in enhanced Office of Inspector

General effectiveness.

ELECTRONIC GOVERNMENT (E-GOV) FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in support of interagency projects that

enable the Federal Government to expand its ability to conduct

activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods,

$3,000,000, to remain available until expended: Provided, That

PUBLIC LAW 108–199—JAN. 23, 2004 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

(INCLUDING TRANSFER OF FUNDS)

For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), and Public Law 95–138, $3,393,000:

Provided, That the Administrator of General Services shall transfer

to the Secretary of the Treasury such sums as may be necessary

to carry out the provisions of such Acts.

GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION

SEC. 401. The appropriate appropriation or fund available to

the General Services Administration shall be credited with the

cost of operation, protection, maintenance, upkeep, repair, and

improvement, included as part of rentals received from Government

corporations pursuant to law (40 U.S.C. 129).

SEC. 402. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.

SEC. 403. Funds in the Federal Buildings Fund made available

for fiscal year 2004 for Federal Buildings Fund activities may

be transferred between such activities only to the extent necessary

to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations.

SEC. 404. No funds made available by this Act shall be used

to transmit a fiscal year 2005 request for United States Courthouse

construction that: (1) does not meet the design guide standards

for construction as established and approved by the General Services Administration, the Judicial Conference of the United States,

and the Office of Management and Budget; and (2) does not reflect

the priorities of the Judicial Conference of the United States as

set out in its approved 5-year construction plan: Provided, That

the fiscal year 2005 request must be accompanied by a standardized

courtroom utilization study of each facility to be constructed,

replaced, or expanded.

SEC. 405. None of the funds provided in this Act may be

used to increase the amount of occupiable square feet, provide

cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency

that does not pay the rate per square foot assessment for space

and services as determined by the General Services Administration

in compliance with the Public Buildings Amendments Act of 1972

(Public Law 92–313).

SEC. 406. Funds provided to other Government agencies by

the Information Technology Fund, General Services Administration,

under section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757) and sections 5124(b) and 5128

of the Clinger-Cohen Act of 1996 (40 U.S.C. 1424(b) and 1428),

for performance of pilot information technology projects which have

118 STAT. 334 PUBLIC LAW 108–199—JAN. 23, 2004

potential for Government-wide benefits and savings, may be repaid

to this Fund from any savings actually incurred by these projects

or other funding, to the extent feasible.

SEC. 407. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims

against the Government of less than $250,000 arising from direct

construction projects and acquisition of buildings may be liquidated

from savings effected in other construction projects with prior

notification to the Committees on Appropriations.

SEC. 408. (a) Notwithstanding any other provision of law, the

Administrator of General Services is authorized to acquire, under

such terms and conditions as he deems to be in the interests

of the United States, approximately 27 acres of land, identified

as Site 7 and located at 234 Corporate Drive, Pease International

Tradeport, Portsmouth, NH 03801, as a site for the public building

needs of the Federal Government, and to design and construct

upon the site a new Federal Office Building of approximately 98,000

gross square feet: Provided, That the Administrator shall not

acquire any property under this subsection until the Administrator

determines that the property is in compliance with applicable

environmental laws, and that the property is suitable and available

for use as a site to house the Federal agencies presently located

in the Thomas J. McIntyre Federal Building.

(b) For the site acquisition, design, construction, and relocation,

$11,149,000 shall be available from funds previously provided under

the heading ‘‘General Services Administration, Real Property Activities, Federal Buildings Fund’’ in Public Law 108–7 for repairs

and alterations to the Thomas J. McIntyre Federal Building in

Portsmouth, New Hampshire, which was included in the plan for

expenditure of repairs and alterations funds as required by accompanying House Report 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.

New Hampshire.

PUBLIC LAW 108–199—JAN. 23, 2004 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) The authority of the Administrator of General Services

under subsection (a) shall apply with respect to amounts appropriated for fiscal year 2004 and amounts appropriated for fiscal

year 2003 which remain unobligated and unexpended at the end

of fiscal year 2003, except that this authority shall expire upon

the earlier of—

(1) the expiration of the 3-month period which begins on

the date on which all members of the Election Assistance

Commission are appointed; or

(2) June 30, 2004.

(c) Upon the appointment of all members of the Election Assistance Commission, the Administrator of General Services shall

transmit to the Commission all statements, applications, and

reports received by the Administrator in carrying out this section.

SEC. 410. None of the funds made available in this Act may

be used by the General Services Administration to establish a

quick response team processing center on East Brainerd Road in

Chattanooga, Tennessee.

SEC. 411. COMPLETION OF LAND CONVEYANCE, SAN JOAQUIN

COUNTY, CALIFORNIA. Section 140 of division C of Public Law 105–

277 (112 Stat. 2681–599), as amended by section 3034 of the 1999

Emergency Supplemental Appropriations Act (Public Law 106–31;

113 Stat. 104), is amended—

(1) in subsection (a)—

(A) in the first sentence, by striking ‘‘Attorney General’’

and inserting ‘‘Administrator of General Services, on behalf

of the Attorney General,’’;

(B) in the second sentence, by striking ‘‘Attorney General’’ and inserting ‘‘Administrator’’; and

(C) in the second sentence, by striking ‘‘not later than

August 21, 1999’’ and inserting ‘‘as soon as practicable’’;

(2) in subsection (b), by striking ‘‘Attorney General’’ and

inserting ‘‘Administrator’’;

(3) in subsection (c)(1)—

(A) in the first sentence, by striking ‘‘as the location’’

and all that follows through ‘‘other educational purposes’’

and inserting ‘‘for educational or recreational purposes’’;

and

(B) by striking the second sentence;

(4) in subsection (c)(2), by striking ‘‘Attorney General’’ and

inserting ‘‘Administrator’’;

(5) in subsection (d), by striking paragraph (2) and inserting

the following new paragraph:

‘‘(2) The use of the real property conveyed under subsection

(a) for recreational purposes, as provided in subsection (c), shall

be subject to the approval of the Secretary of the Interior.’’;

(6) in subsection (e)—

(A) in paragraph (1), by striking ‘‘If the Secretary’’

and all that follows through ‘‘not being used’’ and inserting

‘‘If a portion of the real property conveyed under subsection

Reports.

Applicability.

Expiration date.

118 STAT. 336 PUBLIC LAW 108–199—JAN. 23, 2004

(a) is used for educational purposes, as provided in subsection (c), and the Secretary of Education determines that

such portion is no longer being used’’; and

(B) in paragraph (2), by striking ‘‘as a public park

or for other recreational purposes’’ and inserting ‘‘for recreational purposes’’; and

(7) in subsection (f), by striking ‘‘Attorney General’’ and

inserting ‘‘Administrator’’.

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit

Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including

services as authorized by 5 U.S.C. 3109, rental of conference rooms

in the District of Columbia and elsewhere, hire of passenger motor

vehicles, and direct procurement of survey printing, $32,877,000

together with not to exceed $2,626,000 for administrative expenses

to adjudicate retirement appeals to be transferred from the Civil

Service Retirement and Disability Fund in amounts determined

by the Merit Systems Protection Board.

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

For payment to the Morris K. Udall Scholarship and Excellence

in National Environmental Policy Trust Fund, pursuant to the

Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C.

5601 et seq.), $1,996,000, to remain available until expended of

which up to $50,000 shall be used to conduct financial audits

pursuant to the Accountability of Tax Dollars Act of 2002 (Public

Law 107–289) notwithstanding sections 8 and 9 of Public Law

102–259: Provided, That up to 60 percent of such funds may be

transferred by the Morris K. Udall Scholarship and Excellence

in National Environmental Policy Foundation for the necessary

expenses of the Native Nations Institute.

ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund

to carry out activities authorized in the Environmental Policy and

Conflict Resolution Act of 1998, $1,309,000, to remain available

until expended.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration

of the National Archives and Records Administration (including

the Information Security Oversight Office) and archived Federal

PUBLIC LAW 108–199—JAN. 23, 2004 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.

ELECTRONIC RECORDS ARCHIVE

For necessary expenses in connection with the development

of an electronic records archive, to include all direct project costs

associated with research, analysis, design, development, and program management, $35,914,000, of which $22,000,000 shall remain

available until September 30, 2006.

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $13,708,000,

to remain available until expended, of which $500,000 is for the

Military Personnel Records Center requirements study, of which

$2,250,000 is for land acquisition for a site in Anchorage, Alaska,

to construct a new regional archives and records facility and of

which $5,000,000 is for the repair and restoration of the plaza

that surrounds the Lyndon Baines Johnson Presidential Library

and that is under the joint control and custody of the University

of Texas: Provided, That such funds may be transferred directly

to the University and used, together with University funds, for

repair and restoration of the plaza and remain available until

expended for this purpose: Provided further, That the same transfer

authority shall extend to funds previously appropriated in Public

Law 108–7 for this purpose.

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

For necessary expenses for allocations and grants for historical

publications and records as authorized by 44 U.S.C. 2504, as

amended, $10,000,000, to remain available until expended.

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office

of Government Ethics pursuant to the Ethics in Government Act

of 1978, as amended and the Ethics Reform Act of 1989, including

services as authorized by 5 U.S.C. 3109, rental of conference rooms

in the District of Columbia and elsewhere, hire of passenger motor

vehicles, and not to exceed $1,500 for official reception and representation expenses, $10,738,000.

118 STAT. 338 PUBLIC LAW 108–199—JAN. 23, 2004

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office

of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including

services as authorized by 5 U.S.C. 3109; medical examinations

performed for veterans by private physicians on a fee basis; rental

of conference rooms in the District of Columbia and elsewhere;

hire of passenger motor vehicles; not to exceed $2,500 for official

reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management

and the Federal Bureau of Investigation for expenses incurred

under Executive Order No. 10422 of January 9, 1953, as amended;

and payment of per diem and/or subsistence allowances to

employees where Voting Rights Act activities require an employee

to remain overnight at his or her post of duty, $119,498,000, of

which $2,000,000 shall remain available until expended for the

cost of the enterprise human resources integration project, and

$2,500,000 shall remain available until expended for the cost of

leading the Government-wide initiative to modernize the Federal

payroll systems and service delivery and $2,500,000 shall remain

available through September 30, 2005, to coordinate and conduct

program evaluation and performance measurement; and in addition

$135,914,000 for administrative expenses, to be transferred from

the appropriate trust funds of the Office of Personnel Management

without regard to other statutes, including direct procurement of

printed materials, for the retirement and insurance programs, of

which $36,700,000 shall remain available until expended for the

cost of automating the retirement recordkeeping systems: Provided,

That the provisions of this appropriation shall not affect the

authority to use applicable trust funds as provided by sections

8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and (2)(A) of title 5, United

States Code: Provided further, That no part of this appropriation

shall be available for salaries and expenses of the Legal Examining

Unit of the Office of Personnel Management established pursuant

to Executive Order No. 9358 of July 1, 1943, or any successor

unit of like purpose: Provided further, That the President’s Commission on White House Fellows, established by Executive Order No.

11183 of October 3, 1964, may, during fiscal year 2004, accept

donations of money, property, and personal services in connection

with the development of a publicity brochure to provide information

about the White House Fellows, except that no such donations

shall be accepted for travel or reimbursement of travel expenses,

or for the salaries of employees of such Commission.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act, as

amended, including services as authorized by 5 U.S.C. 3109, hire

of passenger motor vehicles, $1,498,000, and in addition, not to

PUBLIC LAW 108–199—JAN. 23, 2004 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.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to

retired employees, as authorized by chapter 89 of title 5, United

States Code, and the Retired Federal Employees Health Benefits

Act (74 Stat. 849), as amended, such sums as may be necessary.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to

employees retiring after December 31, 1989, as required by chapter

87 of title 5, United States Code, such sums as may be necessary.

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased

annuity benefits becoming effective on or after October 20, 1969,

as authorized by 5 U.S.C. 8348, and annuities under special Acts

to be credited to the Civil Service Retirement and Disability Fund,

such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, as amended, and the Act of

August 19, 1950, as amended (33 U.S.C. 771–775), may hereafter

be paid out of the Civil Service Retirement and Disability Fund.

HUMAN CAPITAL PERFORMANCE FUND

(INCLUDING TRANSFER OF FUNDS)

For a human capital performance fund, $1,000,000: Provided,

That such amount shall not be available for obligation or transfer

until enactment of legislation that establishes a human capital

performance fund within the Office of Personnel Management: Provided further, That such amounts as determined by the Director

of the Office of Personnel Management may be transferred to Federal agencies to carry out the purposes of this fund as authorized:

Provided further, That no funds shall be available for obligation

or transfer to any Federal agency until the Director has notified

the relevant subcommittees of jurisdiction of the Committees on

Appropriations of the approval of a performance pay plan for that

agency, and the prior approval of such subcommittees has been

attained.

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office

of Special Counsel pursuant to Reorganization Plan Numbered 2

of 1978, the Civil Service Reform Act of 1978 (Public Law 95–

454), as amended, the Whistleblower Protection Act of 1989 (Public

33 USC 776.

118 STAT. 340 PUBLIC LAW 108–199—JAN. 23, 2004

Law 101–12), as amended, Public Law 103–424, and the Uniformed

Services Employment and Reemployment Act of 1994 (Public Law

103–353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms

in the District of Columbia and elsewhere, and hire of passenger

motor vehicles; $13,504,000.

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone

on free and reduced rate mail, pursuant to subsections (c) and

(d) of section 2401 of title 39, United States Code, $65,521,000,

of which $36,521,000 shall not be available for obligation until

October 1, 2004: Provided, That mail for overseas voting and mail

for the blind shall continue to be free: Provided further, That

6-day delivery and rural delivery of mail shall continue at not

less than the 1983 level: Provided further, That none of the funds

made available to the Postal Service by this Act shall be used

to implement any rule, regulation, or policy of charging any officer

or employee of any State or local child support enforcement agency,

or any individual participating in a State or local program of child

support enforcement, a fee for information requested or provided

concerning an address of a postal customer: Provided further, That

none of the funds provided in this Act shall be used to consolidate

or close small rural and other small post offices in fiscal year

2004.

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $40,187,000: Provided,

That travel expenses of the judges shall be paid upon the written

certificate of the judge.

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

For necessary expenses of the White House Commission on the National Moment of Remembrance, $250,000.

TITLE V—GENERAL PROVISIONS

THIS ACT

(INCLUDING TRANSFERS OF FUNDS)

SEC. 501. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for

maintenance and operation of aircraft; hire of passenger motor

vehicles and aircraft; purchase of liability insurance for motor

vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law

(5 U.S.C. 5901–5902).

26 USC 7443

note.

39 USC 403 note.

PUBLIC LAW 108–199—JAN. 23, 2004 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. 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

Contracts.

Public

information.

118 STAT. 342 PUBLIC LAW 108–199—JAN. 23, 2004

of intent, or full funding grant agreement totaling $1,000,000 or

more is announced by the department or its modal administrations

from: (1) any discretionary grant program of the Federal Highway

Administration other than the emergency relief program; (2) the

airport improvement program of the Federal Aviation Administration; or (3) any program of the Federal Transit Administration

other than the formula grants and fixed guideway modernization

programs: Provided, That no notification shall involve funds that

are not available for obligation.

SEC. 513. For the purpose of any applicable law, for fiscal

year 2004, the City of Norman, Oklahoma, shall be considered

to be part of the Oklahoma City Transportation Management Area.

SEC. 514. None of the funds in title I of this Act may be

obligated for the Office of the Secretary of Transportation to approve

assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities

underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming

process for Congressional notification.

SEC. 515. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government, except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriations Act.

SEC. 516. Rebates, refunds, incentive payments, minor fees

and other funds received by the Department of Transportation

from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be

credited to appropriations of the Department of Transportation

and allocated to elements of the Department of Transportation

using fair and equitable criteria and such funds shall be available

until expended.

SEC. 517. Funds provided in this Act for the Working Capital

Fund shall be reduced by $17,816,000, which limits fiscal year

2004 Working Capital Fund obligational authority for elements

of the Department of Transportation funded in this Act to no

more than $98,899,000: Provided, That such reductions from the

budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount

included in each account for the Working Capital Fund.

SEC. 518. Amounts made available in this or any other Act

that the Secretary determines represent improper payments by

the Department of Transportation to a third party contractor under

a financial assistance award, which are recovered pursuant to law,

shall be available—

(1) to reimburse the actual expenses incurred by the

Department of Transportation in recovering improper payments; and

(2) to pay contractors for services provided in recovering

improper payments: Provided, That amounts in excess of that

required for paragraphs (1) and (2)—

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and

shall be available for the purposes and period for which

such appropriations are available; or

(B) if no such appropriation remains available, shall

be deposited in the Treasury as miscellaneous receipts:

Oklahoma.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 343

Provided, That prior to the transfer of any such recovery

to an appropriations account, the Secretary shall notify

the House and Senate Committees on Appropriations of

the amount and reasons for such transfer: Provided further,

That for purposes of this section, the term ‘‘improper payments’’, has the same meaning as that provided in section

2(d)(2) of Public Law 107–300.

SEC. 519. The Secretary of Transportation is authorized to

transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salaries and expenses’’

to ‘‘Minority Business Outreach’’.

SEC. 520. None of the funds made available by this Act shall

be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to

a Government employee would result in a decision, determination,

rule, regulation, or policy that would prohibit the enforcement of

section 307 of the Tariff Act of 1930.

SEC. 521. (a) IN GENERAL.—The Secretary of Transportation—

(1) shall, without regard to any fiscal year limitation, maintain in full force and effect the restrictions imposed under

Federal Aviation Administration Notices to Airmen FDC 3/

2122, FDC 3/2123, and FDC 2/0199; and

(2) may not grant any waivers or exemptions from such

restrictions, except—

(A) as authorized by air traffic control for operational

or safety purposes;

(B) with respect to an event, stadium, or other venue—

(i) for operational purposes;

(ii) for the transport of team members, officials

of the governing body, and immediate family members

and guests of such team members and officials to and

from such event, stadium, or venue;

(iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting

event;

(iv) to permit a broadcast rights holder to provide

broadcast coverage of such event, stadium, or venue;

and

(v) for safety and security purposes related to such

event, stadium, or venue; and

(C) to allow the operation of an aircraft in restricted

airspace to the extent necessary to arrive at or depart

from an airport using standard air traffic control procedures.

(b) LIMITATIONS ON USE OF FUNDS.—None of the funds appropriated or otherwise made available by title I of this Act may

be obligated or expended to terminate or limit the restrictions

imposed under the Federal Aviation Administration Notices to Airmen referred to in subsection (a), or to grant waivers of, or exemptions from, such restrictions except as provided under subsection

(a)(2).

(c) BROADCAST CONTRACTS NOT AFFECTED.—Nothing in this

section shall be construed to affect contractual rights pertaining

to any broadcasting agreement.

SEC. 522. No part of any appropriation contained in this Act

shall be available to pay the salary for any person filling a position,

other than a temporary position, formerly held by an employee

Notification.

118 STAT. 344 PUBLIC LAW 108–199—JAN. 23, 2004

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.

PUBLIC LAW 108–199—JAN. 23, 2004 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. 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

Abortion.

118 STAT. 346 PUBLIC LAW 108–199—JAN. 23, 2004

(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. 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.

Fees.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 347

SEC. 544. AMENDMENTS TO OKLAHOMA CITY NATIONAL MEMO- RIAL ACT OF 1997. (a) SHORT TITLE.—This section may be cited

as the ‘‘Oklahoma City National Memorial Act Amendments of

2003’’.

(b) FOUNDATION DEFINED; CONFORMING AMENDMENT.—Section

3 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C.

450ss–1) is amended—

(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;

(2) by inserting immediately preceding paragraph (2) (as

so redesignated by paragraph (1) of this subsection) the following new paragraph:

‘‘(1) FOUNDATION.—The term ‘Foundation’ means the Oklahoma City National Memorial Foundation, a not-for-profit corporation that is—

‘‘(A) described in section 501(c)(3) of the Internal Revenue Code of 1986;

‘‘(B) exempt from taxation under section 501(a) of such

Code; and

‘‘(C) dedicated to the support of the Memorial.’’; and

(3) in paragraph (3), by striking ‘‘designated under section

5(a)’’.

(c) ADMINISTRATION OF MEMORIAL BY FOUNDATION.—Section

4 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C.

450ss–2) is amended—

(1) in subsection (a)—

(A) by striking ‘‘a unit’’ and inserting ‘‘an affiliate’’;

and

(B) by striking the second sentence;

(2) by redesignating subsection (b) as subsection (c);

(3) by inserting after subsection (a) the following new subsection:

‘‘(b) ADMINISTRATION OF MEMORIAL.—The Foundation shall

administer the Memorial in accordance with this Act and the general objectives of the ‘Memorial Mission Statement’, adopted March

26, 1996, by the Foundation.’’; and

(4) in subsection (c) (as so redesignated by paragraph (2)

of this subsection) by striking ‘‘1997 (hereafter’’ and all that

follows through the final period and inserting ‘‘1997. The map

shall be on file and available for public inspection in the appropriate office of the Foundation.’’.

(d) TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES,

AND DUTIES.—Section 5 of the Oklahoma City National Memorial

Act of 1997 (16 U.S.C. 450ss–3) is amended to read as follows:

‘‘SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES,

AND DUTIES.

‘‘(a) TRANSFER OF MEMORIAL PROPERTY.—

‘‘(1) IN GENERAL.—Not later than 90 days after the date

of the enactment of the Oklahoma City National Memorial

Act Amendments of 2003, the Trust shall transfer to the

Foundation—

‘‘(A) all assets of the Trust, including all real and

personal property of the Memorial, any appurtenances,

buildings, facilities, monuments, contents, artifacts, contracts and contract rights, accounts, deposits, intangibles,

trademarks, trade names, copyrights, all other intellectual

Deadline.

Oklahoma City

National

Memorial Act

Amendments of

2003.

16 USC 450ss

note.

118 STAT. 348 PUBLIC LAW 108–199—JAN. 23, 2004

property, all other real and personal property of every

kind and character comprising the Memorial, and any

amounts appropriated for the Trust;

‘‘(B) any property owned by the Trust that is adjacent

or related to the Memorial; and

‘‘(C) all property maintained for the Memorial, together

with all rights, authorities, and duties relating to the

ownership, administration, operation, and management of

the Memorial.

‘‘(2) SUBSEQUENT GIFTS.—Any artifact, memorial, or other

personal property that is received by, or is intended by any

person to be given to, the Trust after the date of transfer

of property under paragraph (1) shall be the property of the

Foundation.

‘‘(b) ASSUMPTION OF TRUST OBLIGATIONS.—Any obligations of

the Trust relating to the Memorial that have been approved by

the Trust before the date on which the property is transferred

under subsection (a) shall become the responsibility of the Foundation on the date of the transfer.

‘‘(c) DISSOLUTION OF TRUST.—Not later than 30 days after the

transfer under subsection (a) is completed—

‘‘(1) the Trust shall be dissolved; and

‘‘(2) the Trust shall notify the Secretary of the date of

dissolution.

‘‘(d) AUTHORITY TO ENTER INTO AGREEMENTS.—The Secretary,

acting through the National Park Service, is authorized to enter

into 1 or more cooperative agreements with the Foundation for

the National Park Service to provide interpretive services related

to the Memorial and such other assistance as may be agreed upon

between the Secretary and the Foundation. The costs of the services

and other agreed assistance shall be paid by the Secretary.

‘‘(e) GENERAL SERVICES ADMINISTRATION AUTHORITY.—The

Administrator of General Services shall provide, on a non-reimbursable basis, services necessary for the facilitation of the transfer

of the Memorial to the Foundation.

‘‘(f) LIMITATION.—Nothing in this Act shall prohibit the use

of State and local law enforcement for the purposes of security

related to the Memorial.’’.

(e) REPEAL OF DUTIES AND AUTHORITIES OF TRUST.—

(1) IN GENERAL.—Section 6 of the Oklahoma City National

Memorial Act of 1997 (16 U.S.C. 450ss–4) is repealed.

(2) EFFECTIVE DATE.—The repeal under this subsection

shall take effect upon the transfer of the Memorial property,

rights, authorities, and duties pursuant to the amendments

made by subsection (d).

(f) AUTHORIZATION OF APPROPRIATIONS.—Section 7 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss–5)

is amended—

(1) in paragraph (1), by inserting ‘‘for an endowment fund

subject to paragraph (2)’’ after ‘‘the sum of $5,000,000’’; and

(2) in paragraph (2)—

(A) by striking ‘‘Trust or to the Oklahoma City Memorial’’; and

(B) by striking ‘‘or operation’’ and inserting ‘‘operation,

or endowment’’.

(g) AUTHORIZATION OF SECRETARY TO REIMBURSE PREVIOUS

COSTS PAID BY FOUNDATION OR TRUST.—To the extent that funds

16 USC 450ss–3

note.

16 USC 450ss–4

note.

Deadline.

Notification.

PUBLIC LAW 108–199—JAN. 23, 2004 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), 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

117 Stat. 418.

118 STAT. 350 PUBLIC LAW 108–199—JAN. 23, 2004

defined in the Controlled Substances Act) by the officers and

employees of such department, agency, or instrumentality.

SEC. 603. Unless otherwise specifically provided, the maximum

amount allowable during the current fiscal year in accordance with

section 16 of the Act of August 2, 1946 (60 Stat. 810), for the

purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is

hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded

by not to exceed $3,700 for police-type vehicles, and by not to

exceed $4,000 for special heavy-duty vehicles: Provided further,

That the limits set forth in this section may not be exceeded

by more than 5 percent for electric or hybrid vehicles purchased

for demonstration under the provisions of the Electric and Hybrid

Vehicle Research, Development, and Demonstration Act of 1976:

Provided further, That the limits set forth in this section may

be exceeded by the incremental cost of clean alternative fuels

vehicles acquired pursuant to Public Law 101–549 over the cost

of comparable conventionally fueled vehicles.

SEC. 604. Appropriations of the executive departments and

independent establishments for the current fiscal year available

for expenses of travel, or for the expenses of the activity concerned,

are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.

SEC. 605. Unless otherwise specified during the current fiscal

year, no part of any appropriation contained in this or any other

Act shall be used to pay the compensation of any officer or employee

of the Government of the United States (including any agency

the majority of the stock of which is owned by the Government

of the United States) whose post of duty is in the continental

United States unless such person: (1) is a citizen of the United

States; (2) is a person in the service of the United States on

the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of

the United States prior to such date and is actually residing in

the United States; (3) is a person who owes allegiance to the

United States; (4) is an alien from Cuba, Poland, South Vietnam,

the countries of the former Soviet Union, or the Baltic countries

lawfully admitted to the United States for permanent residence;

(5) is a South Vietnamese, Cambodian, or Laotian refugee paroled

in the United States after January 1, 1975; or (6) is a national

of the People’s Republic of China who qualifies for adjustment

of status pursuant to the Chinese Student Protection Act of 1992:

Provided, That for the purpose of this section, an affidavit signed

by any such person shall be considered prima facie evidence that

the requirements of this section with respect to his or her status

have been complied with: Provided further, That any person making

a false affidavit shall be guilty of a felony, and, upon conviction,

shall be fined no more than $4,000 or imprisoned for not more

than 1 year, or both: Provided further, That the above penal clause

shall be in addition to, and not in substitution for, any other

provisions of existing law: Provided further, That any payment

made to any officer or employee contrary to the provisions of this

section shall be recoverable in action by the Federal Government.

This section shall not apply to citizens of Ireland, Israel, or the

Republic of the Philippines, or to nationals of those countries allied

5 USC 3101 note.

31 USC 1343

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 352 PUBLIC LAW 108–199—JAN. 23, 2004

Postal Service, and such guards shall have, with respect to such

property, the powers of special policemen provided by the first

section of the Act of June 1, 1948, as amended (62 Stat. 281;

40 U.S.C. 318), and, as to property owned or occupied by the

Postal Service, the Postmaster General may take the same actions

as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended

(62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal

consequences under the authority and within the limits provided

in section 4 of the Act of June 1, 1948, as amended (62 Stat.

281; 40 U.S.C. 318c).

SEC. 612. None of the funds made available pursuant to the

provisions of this Act shall be used to implement, administer, or

enforce any regulation which has been disapproved pursuant to

a resolution of disapproval duly adopted in accordance with the

applicable law of the United States.

SEC. 613. (a) Notwithstanding any other provision of law, and

except as otherwise provided in this section, no part of any of

the funds appropriated for fiscal year 2004, by this or any other

Act, may be used to pay any prevailing rate employee described

in section 5342(a)(2)(A) of title 5, United States Code—

(1) during the period from the date of expiration of the

limitation imposed by the comparable section for previous fiscal

years until the normal effective date of the applicable wage

survey adjustment that is to take effect in fiscal year 2004,

in an amount that exceeds the rate payable for the applicable

grade and step of the applicable wage schedule in accordance

with such section; and

(2) during the period consisting of the remainder of fiscal

year 2004, in an amount that exceeds, as a result of a wage

survey adjustment, the rate payable under paragraph (1) by

more than the sum of—

(A) the percentage adjustment taking effect in fiscal

year 2004 under section 5303 of title 5, United States

Code, in the rates of pay under the General Schedule;

and

(B) the difference between the overall average percentage of the locality-based comparability payments taking

effect in fiscal year 2004 under section 5304 of such title

(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in

the previous fiscal year under such section.

(b) Notwithstanding any other provision of law, no prevailing

rate employee described in subparagraph (B) or (C) of section

5342(a)(2) of title 5, United States Code, and no employee covered

by section 5348 of such title, may be paid during the periods

for which subsection (a) is in effect at a rate that exceeds the

rates that would be payable under subsection (a) were subsection

(a) applicable to such employee.

(c) For the purposes of this section, the rates payable to an

employee who is covered by this section and who is paid from

a schedule not in existence on September 30, 2003, shall be determined under regulations prescribed by the Office of Personnel

Management.

(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed

from the rates in effect on September 30, 2003, except to the

Regulations.

5 USC 5343 note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 353

extent determined by the Office of Personnel Management to be

consistent with the purpose of this section.

(e) This section shall apply with respect to pay for service

performed after September 30, 2003.

(f) For the purpose of administering any provision of law

(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires

any deduction or contribution, or that imposes any requirement

or limitation on the basis of a rate of salary or basic pay, the

rate of salary or basic pay payable after the application of this

section shall be treated as the rate of salary or basic pay.

(g) Nothing in this section shall be considered to permit or

require the payment to any employee covered by this section at

a rate in excess of the rate that would be payable were this section

not in effect.

(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment

or retention of qualified employees.

SEC. 614. During the period in which the head of any department or agency, or any other officer or civilian employee of the

Government appointed by the President of the United States, holds

office, no funds may be obligated or expended in excess of $5,000

to furnish or redecorate the office of such department head, agency

head, officer, or employee, or to purchase furniture or make

improvements for any such office, unless advance notice of such

furnishing or redecoration is expressly approved by the Committees

on Appropriations. For the purposes of this section, the term ‘‘office’’

shall include the entire suite of offices assigned to the individual,

as well as any other space used primarily by the individual or

the use of which is directly controlled by the individual.

SEC. 615. Notwithstanding section 1346 of title 31, United

States Code, or section 610 of this Act, funds made available for

the current fiscal year by this or any other Act shall be available

for the interagency funding of national security and emergency

preparedness telecommunications initiatives which benefit multiple

Federal departments, agencies, or entities, as provided by Executive

Order No. 12472 (April 3, 1984).

SEC. 616. (a) None of the funds appropriated by this or any

other Act may be obligated or expended by any Federal department,

agency, or other instrumentality for the salaries or expenses of

any employee appointed to a position of a confidential or policydetermining 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;

Applicability.

118 STAT. 354 PUBLIC LAW 108–199—JAN. 23, 2004

(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;

PUBLIC LAW 108–199—JAN. 23, 2004 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. 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

Lobbying.

118 STAT. 356 PUBLIC LAW 108–199—JAN. 23, 2004

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

PUBLIC LAW 108–199—JAN. 23, 2004 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. Notwithstanding any other provision of law, a woman

may breastfeed her child at any location in a Federal building

or on Federal property, if the woman and her child are otherwise

authorized to be present at the location.

SEC. 630. Nothwithstanding section 1346 of title 31, United

States Code, or section 610 of this Act, funds made available for

the current fiscal year by this or any other Act shall be available

for the interagency funding of specific projects, workshops, studies,

and similar efforts to carry out the purposes of the National Science

and Technology Council (authorized by Executive Order No. 12881),

which benefit multiple Federal departments, agencies, or entities:

Provided, That the Office of Management and Budget shall provide

a report describing the budget of and resources connected with

the National Science and Technology Council to the Committees

on Appropriations, the House Committee on Science; and the Senate

Committee on Commerce, Science, and Transportation 90 days after

enactment of this Act.

SEC. 631. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving

the distribution of Federal funds shall indicate the agency providing

the funds, the Catalog of Federal Domestic Assistance Number,

as applicable, and the amount provided. This provision shall apply

to direct payments, formula funds, and grants received by a State

receiving Federal funds.

SEC. 632. Subsection (f) of section 403 of Public Law 103–

356 (31 U.S.C. 501 note) is amended by striking ‘‘October 1, 2003’’

and inserting ‘‘October 1, 2004’’.

SEC. 633. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF PERSONAL INFORMATION ON USE OF INTERNET.—None of the

funds made available in this or any other Act may be used by

any Federal agency—

(1) to collect, review, or create any aggregate list, derived

from any means, that includes the collection of any personally

identifiable information relating to an individual’s access to

or use of any Federal Government Internet site of the agency;

or

(2) to enter into any agreement with a third party

(including another Government agency) to collect, review, or

obtain any aggregate list, derived from any means, that includes

the collection of any personally identifiable information relating

to an individual’s access to or use of any nongovernmental

Internet site.

(b) EXCEPTIONS.—The limitations established in subsection (a)

shall not apply to—

(1) any record of aggregate data that does not identify

particular persons;

(2) any voluntary submission of personally identifiable

information;

(3) any action taken for law enforcement, regulatory, or

supervisory purposes, in accordance with applicable law; or

(4) any action described in subsection (a)(1) that is a system

security action taken by the operator of an Internet site and

is necessarily incident to the rendition of the Internet site

Reports.

Deadline.

Breastfeeding.

118 STAT. 358 PUBLIC LAW 108–199—JAN. 23, 2004

services or to the protection of the rights or property of the

provider of the Internet site.

(c) DEFINITIONS.—For the purposes of this section:

(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.

(2) The term ‘‘supervisory’’ means examinations of the

agency’s supervised institutions, including assessing safety and

soundness, overall financial condition, management practices

and policies and compliance with applicable standards as provided in law.

SEC. 634. (a) None of the funds appropriated by this Act may

be used to enter into or renew a contract which includes a provision

providing prescription drug coverage, except where the contract

also includes a provision for contraceptive coverage.

(b) Nothing in this section shall apply to a contract with—

(1) any of the following religious plans:

(A) Personal Care’s HMO; and

(B) OSF Health Plans, Inc.; and

(2) any existing or future plan, if the carrier for the plan

objects to such coverage on the basis of religious beliefs.

(c) In implementing this section, any plan that enters into

or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses

to prescribe or otherwise provide for contraceptives because such

activities would be contrary to the individual’s religious beliefs

or moral convictions.

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.

SEC. 635. The Congress of the United States recognizes the

United States Anti-Doping Agency (USADA) as the official antidoping agency for Olympic, Pan American, and Paralympic sport

in the United States.

SEC. 636. Not later than 6 months after the date of enactment

of this Act, the Inspector General of each applicable department

or agency shall submit to the Committee on Appropriations a report

detailing what policies and procedures are in place for each department or agency to give first priority to the location of new offices

and other facilities in rural areas, as directed by the Rural Development Act of 1972.

SEC. 637. None of the funds made available under this or

any other Act for fiscal year 2004 shall be expended for the purchase

of a product or service offered by Federal Prison Industries, Inc.,

unless the agency making such purchase determines that such

offered product or service provides the best value to the buying

agency pursuant to 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. 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

Credit.

5 USC 5701 note.

Deadline.

Reports.

Abortion.

PUBLIC LAW 108–199—JAN. 23, 2004 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) 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

Effective date.

5 USC 5303 note.

118 STAT. 360 PUBLIC LAW 108–199—JAN. 23, 2004

shall be considered the date of filing the designation, report

or statement. If a designation, report or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii),

or subsection (g)(1)) is sent by an overnight delivery service

with an on-line tracking system, the date on the proof of

delivery to the delivery service shall be considered the date

of filing of the designation, report, or statement.’’.

SEC. 642. Notwithstanding any other provision of law, funds

appropriated for official travel by Federal departments and agencies

may be used by such departments and agencies, if consistent with

Office of Management and Budget Circular A–126 regarding official

travel for Government personnel, to participate in the fractional

aircraft ownership pilot program.

SEC. 643. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations,

to be used for the purpose of conducting Federal law enforcement

training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center

is authorized to obtain the temporary use of additional facilities

by lease, contract, or other agreement for training which cannot

be accommodated in existing Center facilities.

SEC. 644. None of the funds provided in this Act shall be

used to implement or enforce regulations for locality pay areas

in fiscal year 2004 that are inconsistent with the recommendations

of the Federal Salary Council adopted on October 7, 2003.

SEC. 645. (a) Not later than 180 days after the enactment

of this Act, the head of each Federal agency shall submit a report

to Congress on the amount of the acquisitions made by the agency

from entities that manufacture the articles, materials, or supplies

outside of the United States in that fiscal year.

(b) The report required by subsection (a) shall separately

indicate—

(1) the dollar value of any articles, materials, or supplies

purchased that were manufactured outside of the United States;

(2) an itemized list of all waivers granted with respect

to such articles, materials, or supplies under the Buy American

Act (41 U.S.C. 10a et seq.); and

(3) a summary of the total procurement funds spent on

goods manufactured in the United States versus funds spent

on goods manufactured outside of the United States.

(c) The head of each Federal agency submitting a report under

subsection (a) shall make the report publicly available to the maximum extent practicable.

SEC. 646. Notwithstanding any other provision of law, none

of the funds appropriated or made available under this Act or

any other appropriations Act may be used to implement or enforce

restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the

Office of Personnel Management to add sections 300.311 through

300.316 to part 300 of title 5 of the Code of Federal Regulations,

published in the Federal Register, volume 68, number 174, on

September 9, 2003 (relating to the detail of executive branch

employees to the legislative branch): Provided, That if such proposed

regulations are final regulations on the date of enactment of this

Act, none of the funds appropriated or made available under this

Public

information.

Deadline.

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 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) 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.

Deadline.

Reports.

31 USC 501 note.

118 STAT. 362 PUBLIC LAW 108–199—JAN. 23, 2004

(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 publicprivate competition conducted in accordance with the circular.

(d) Hereafter, the head of an executive agency may expend

funds appropriated or otherwise made available for any purpose

to the executive agency under this or any other Act to monitor

(in the administration of responsibilities under Office of Management and Budget Circular A–76 or any related policy, directive,

or regulation) the performance of an activity or function of the

executive agency that has previously been subjected to a publicprivate competition under such circular.

(e) An activity or function of an executive agency that is converted to contractor performance under Office of Management and

Budget Circular A–76 may not be performed by the contractor

at a location outside the United States except to the extent that

such activity or function was previously performed by Federal

Government employees outside the United States.

(f) In this section, the term ‘‘executive agency’’ has the meaning

given such term in section 4 of the Office of Federal Procurement

Policy Act (41 U.S.C. 403).

SEC. 648. Notwithstanding section 1346 of title 31, United

States Code, and section 610 of this Act, the head of each executive

department and agency shall transfer to or reimburse the Federal

Aviation Administration, with the approval of the Director of the

Office of Management and Budget, funds made available by this

or any other Act for the purposes described below, and shall submit

budget requests for such purposes. These funds shall be administered by the Federal Aviation Administration as approved by the

Director of the Office of Management and Budget, in consultation

with the appropriate interagency groups designated by the Director

to ensure the operation of the Midway Atoll Airfield by the Federal

Aviation Administration pursuant to an operational agreement with

the Department of the Interior. The total funds transferred or

reimbursed shall not exceed $6,000,000 and shall not be available

for activities other than the operation of the airfield. The Director

of the Office of Management and Budget shall notify the Committees

on Appropriations of such transfers or reimbursements within 15

days of this Act. Such transfers or reimbursements shall begin

within 30 days of enactment of this Act.

This division may be cited as the ‘‘Transportation, Treasury,

and Independent Agencies Appropriations Act, 2004’’.

Deadline.

Notification.

Dedline.

31 USC 501 note.

31 USC 501 note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 363

DIVISION G—DEPARTMENTS OF VETERANS AFFAIRS

AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004

An Act

Making appropriations for the Departments of Veterans Affairs and Housing and

Urban Development, and for sundry independent agencies, boards, commissions,

corporations, and offices for the fiscal year ending September 30, 2004, and

for other purposes.

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

the Treasury not otherwise appropriated, for the Departments of

Veterans Affairs and Housing and Urban Development, and for

sundry independent agencies, boards, commissions, corporations,

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

for other purposes, namely:

TITLE I—DEPARTMENT OF VETERANS AFFAIRS

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of

veterans and a pilot program for disability examinations as authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and

61); pension benefits to or on behalf of veterans as authorized

by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508);

and burial benefits, emergency and other officers’ retirement pay,

adjusted-service credits and certificates, payment of premiums due

on commercial life insurance policies guaranteed under the provisions of article IV of the Soldiers’ and Sailors’ Civil Relief Act

of 1940 (50 U.S.C. App. 540 et seq.) and for other benefits as

authorized by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters

23, 51, 53, 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122,

123; 45 Stat. 735; 76 Stat. 1198), $29,845,127,000, to remain available until expended: Provided, That not to exceed $17,056,000 of

the amount appropriated under this heading shall be reimbursed

to ‘‘General operating expenses’’ and ‘‘Medical services’’ for necessary expenses in implementing those provisions authorized in

the Omnibus Budget Reconciliation Act of 1990, and in the Veterans’

Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the

funding source for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such sums

as may be earned on an actual qualifying patient basis, shall

be reimbursed to ‘‘Medical facilities revolving fund’’ to augment

the funding of individual medical facilities for nursing home care

provided to pensioners as authorized.

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits

to or on behalf of veterans as authorized by law (38 U.S.C. chapters

Departments of

Veterans Affairs

and Housing and

Urban

Development,

and Independent

Agencies

Appropriations

Act, 2004.

118 STAT. 364 PUBLIC LAW 108–199—JAN. 23, 2004

21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,529,734,000,

to remain available until expended: Provided, That expenses for

rehabilitation program services and assistance which the Secretary

is authorized to provide under section 3104(a) of title 38, United

States Code, other than under subsection (a)(1), (2), (5), and (11)

of that section, shall be charged to this account.

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance,

and veterans mortgage life insurance as authorized by 38 U.S.C.

chapter 19; 70 Stat. 887; 72 Stat. 487, $29,017,000, to remain

available until expended.

VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct and guaranteed loans, such sums as

may be necessary to carry out the program, as authorized by 38

U.S.C. chapter 37, as amended: Provided, That such costs, including

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

502 of the Congressional Budget Act of 1974, as amended: Provided

further, That during fiscal year 2004, within the resources available, not to exceed $300,000 in gross obligations for direct loans are

authorized for specially adapted housing loans.

In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $154,850,000, which may be transferred to and merged with the appropriation for ‘‘General operating

expenses’’.

EDUCATION LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $1,000, as authorized by 38 U.S.C.

3698, as amended: Provided, That such costs, including the cost

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

the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize gross obligations

for the principal amount of direct loans not to exceed $3,400.

In addition, for administrative expenses necessary to carry

out the direct loan program, $70,000, which may be transferred

to and merged with the appropriation for ‘‘General operating

expenses’’.

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $52,000, as authorized by 38

U.S.C. chapter 31, as amended: Provided, That such costs, including

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

502 of the Congressional Budget Act of 1974, as amended: Provided

further, That funds made available under this heading are available

to subsidize gross obligations for the principal amount of direct

loans not to exceed $3,938,000.

In addition, for administrative expenses necessary to carry

out the direct loan program, $300,000, which may be transferred

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 365

to and merged with the appropriation for ‘‘General operating

expenses’’.

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by 38 U.S.C. chapter 37, subchapter V, as

amended, $571,000, which may be transferred to and merged with

the appropriation for ‘‘General operating expenses’’: Provided, That

no new loans in excess of $50,000,000 may be made in fiscal

year 2004.

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

For the administrative expenses to carry out the guaranteed

transitional housing loan program authorized by 38 U.S.C. chapter

37, subchapter VI, not to exceed $600,000 of the amounts appropriated by this Act for ‘‘General operating expenses’’ and ‘‘Medical

services’’ may be expended.

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For necessary expenses for furnishing, as authorized by law,

inpatient and outpatient care and treatment to beneficiaries of

the Department of Veterans Affairs and veterans described in paragraphs (1) through (8) of section 1705(a) of title 38, United States

Code, including care and treatment in facilities not under the

jurisdiction of the department and including medical supplies and

equipment and salaries and expenses of health-care employees hired

under title 38, United States Code, and aid to State homes as

authorized by section 1741 of title 38, United States Code;

$17,867,220,000, plus reimbursements: Provided, That of the funds

made available under this heading, not to exceed $1,100,000,000

shall be available until September 30, 2005: Provided further, That,

notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for treatment for veterans

who are service-connected disabled, lower income, or have special

needs: Provided further, That, notwithstanding any other provision

of law, the Secretary of Veterans Affairs shall give priority funding

for the provision of basic medical benefits to veterans in enrollment

priority groups 1 through 6: Provided further, That of the funds

made available under this heading, the Secretary may transfer

up to $400,000,000 to ‘‘Construction, major projects’’ for purposes

of implementing CARES subject to a determination by the Secretary

that such funds will improve access and quality of veteran’s health

care needs: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the

dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided

further, That the implementation of the program described in the

previous proviso shall incur no additional cost to the Department

of Veterans Affairs.

118 STAT. 366 PUBLIC LAW 108–199—JAN. 23, 2004

MEDICAL ADMINISTRATION

For necessary expenses in the administration of the medical,

hospital, nursing home, domiciliary, construction, supply, and

research activities, as authorized by law; administrative expenses

in support of capital policy activities; information technology hardware and software; uniforms or allowances therefor, as authorized

by sections 5901–5902 of title 5, United States Code; and administrative and legal expenses of the department for collecting and

recovering amounts owed the department as authorized under

chapter 17 of title 38, United States Code, and the Federal Medical

Care Recovery Act (42 U.S.C. 2651 et seq.); $5,000,000,000, of

which $150,000,000 shall be available until September 30, 2005,

plus reimbursements.

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of

hospitals, nursing homes, and domiciliary facilities and other necessary facilities for the Veterans Health Administration; for

administrative expenses in support of planning, design, project

management, real property acquisition and disposition, construction

and renovation of any facility under the jurisdiction or for the

use of the department; for oversight, engineering and architectural

activities not charged to project costs; for repairing, altering,

improving or providing facilities in the several hospitals and homes

under the jurisdiction of the department, not otherwise provided

for, either by contract or by the hire of temporary employees and

purchase of materials; for leases of facilities; and for laundry and

food services, $4,000,000,000, of which $150,000,000 shall be available until September 30, 2005.

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical

and prosthetic research and development as authorized by chapter

73 of title 38, United States Code, to remain available until September 30, 2005, $408,000,000, plus reimbursements.

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative

expenses in support of department-wide capital planning, management and policy activities, uniforms or allowances therefor; not

to exceed $25,000 for official reception and representation expenses;

hire of passenger motor vehicles; and reimbursement of the General

Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail,

$1,283,272,000: Provided, That expenses for services and assistance

authorized under 38 U.S.C. 3104(a)(1), (2), (5), and (11) that the

Secretary determines are necessary to enable entitled veterans:

(1) to the maximum extent feasible, to become employable and

to obtain and maintain suitable employment; or (2) to achieve

maximum independence in daily living, shall be charged to this

account: Provided further, That the Veterans Benefits Administration shall be funded at not less than $1,005,000,000: Provided

PUBLIC LAW 108–199—JAN. 23, 2004 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.

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for,

including uniforms or allowances therefor; cemeterial expenses as

authorized by law; purchase of one passenger motor vehicle for

use in cemeterial operations; and hire of passenger motor vehicles,

$144,203,000: Provided, That of the funds made available under

this heading, not to exceed $7,200,000 shall be available until

September 30, 2005.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $62,000,000, to remain available until September 30,

2005.

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the

facilities including parking projects under the jurisdiction or for

the use of the Department of Veterans Affairs, or for any of the

purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,

8108, 8109, 8110, and 8122 of title 38, United States Code, including

planning, architectural and engineering services, maintenance or

guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite

utility and storm drainage system construction costs, and site

acquisition, where the estimated cost of a project is more than

the amount set forth in 38 U.S.C. 8104(a)(3)(A) or where funds

for a project were made available in a previous major project appropriation, $272,690,000, to remain available until expended, of which

$181,000,000 shall be for Capital Asset Realignment for Enhanced

Services (CARES) activities; and of which $10,000,000 shall be

to make reimbursements as provided in 41 U.S.C. 612 for claims

paid for contract disputes: Provided, That except for advance planning activities, including needs assessments which may or may

not lead to capital investments, and other capital asset management

related activities, such as portfolio development and management

activities, and investment strategy studies funded through the

advance planning fund and the planning and design activities

funded through the design fund and CARES funds, including needs

assessments which may or may not lead to capital investments,

none of the funds appropriated under this heading shall be used

for any project which has not been approved by the Congress

in the budgetary process: Provided further, That funds provided

in this appropriation for fiscal year 2004, for each approved project

(except those for CARES activities referenced above) shall be obligated: (1) by the awarding of a construction documents contract

by September 30, 2004; and (2) by the awarding of a construction

118 STAT. 368 PUBLIC LAW 108–199—JAN. 23, 2004

contract by September 30, 2005: Provided further, That the Secretary of Veterans Affairs shall promptly report in writing to the

Committees on Appropriations any approved major construction

project in which obligations are not incurred within the time limitations established above.

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of

the facilities including parking projects under the jurisdiction or

for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees

provided under the project, services of claims analysts, offsite utility

and storm drainage system construction costs, and site acquisition,

or for any of the purposes set forth in sections 316, 2404, 2406,

8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,

United States Code, where the estimated cost of a project is equal

to or less than the amount set forth in 38 U.S.C. 8104(a)(3)(A),

$252,144,000, to remain available until expended, along with unobligated balances of previous ‘‘Construction, minor projects’’ appropriations which are hereby made available for any project where the

estimated cost is equal to or less than the amount set forth in

38 U.S.C. 8104(a)(3)(A), of which $40,000,000 shall be for Capital

Asset Realignment for Enhanced Services (CARES) activities: Provided, That from amounts appropriated under this heading, additional amounts may be used for CARES activities upon notification

of and approval by the Committees on Appropriations: Provided

further, That funds in this account shall be available for: (1) repairs

to any of the nonmedical facilities under the jurisdiction or for

the use of the department which are necessary because of loss

or damage caused by any natural disaster or catastrophe; and

(2) temporary measures necessary to prevent or to minimize further

loss by such causes.

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing

home and domiciliary facilities and to remodel, modify or alter

existing hospital, nursing home and domiciliary facilities in State

homes, for furnishing care to veterans as authorized by 38 U.S.C.

8131–8137, $102,100,000, to remain available until expended.

GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or

improving State veterans cemeteries as authorized by 38 U.S.C.

2408, $32,000,000, to remain available until expended.

ADMINISTRATIVE PROVISIONS

(INCLUDING RESCISSION OF FUNDS)

SEC. 101. Any appropriation for fiscal year 2004 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred to any other of the

mentioned appropriations.

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004 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. 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

Termination

date.

31 USC 501 note.

118 STAT. 370 PUBLIC LAW 108–199—JAN. 23, 2004

the operations of the Franchise Fund pilot program, shall continue

until October 1, 2004.

SEC. 109. Amounts deducted from enhanced-use lease proceeds

to reimburse an account for expenses incurred by that account

during a prior fiscal year for providing enhanced-use lease services,

may be obligated during the fiscal year in which the proceeds

are received.

SEC. 110. Funds available in any Department of Veterans

Affairs appropriation for fiscal year 2004 or funds for salaries

and other administrative expenses shall also be available to

reimburse the Office of Resolution Management and the Office

of Employment Discrimination Complaint Adjudication for all services provided at rates which will recover actual costs but not exceed

$29,318,000 for the Office of Resolution Management and

$3,059,000 for the Office of Employment and Discrimination Complaint Adjudication: Provided, That payments may be made in

advance for services to be furnished based on estimated costs:

Provided further, That amounts received shall be credited to ‘‘General operating expenses’’ for use by the office that provided the

service.

SEC. 111. No appropriations in this Act for the Department

of Veterans Affairs shall be available to enter into any new lease

of real property if the estimated annual rental is more than

$300,000 unless the Secretary submits a report which the Committees on Appropriations of the Congress approve within 30 days

following the date on which the report is received.

SEC. 112. No appropriations in this Act for the Department

of Veterans Affairs shall be available for hospitalization or treatment of any person by reason of eligibility under section 1710(a)(3)

of title 38, United States Code, unless that person has disclosed

to the Secretary of Veterans Affairs, in such form as the Secretary

may require—

(1) current, accurate third-party reimbursement information for purposes of section 1729 of such title; and

(2) annual income information for purposes of section 1722

of such title.

SEC. 113. Of the amounts provided in this Act, $25,000,000

shall be for information technology initiatives to support the enterprise architecture of the Department of Veterans Affairs.

SEC. 114. None of the funds in this Act may be used to implement sections 2 and 5 of Public Law 107–287.

SEC. 115. Receipts that would otherwise be credited to the

Veterans Extended Care Revolving Fund, the Medical Facilities

Revolving Fund, the Special Therapeutic and Rehabilitation Fund,

the Nursing Home Revolving Fund, the Veterans Health Services

Improvement Fund, and the Parking Revolving Fund shall be deposited into the Medical Care Collections Fund, and shall be transferred to ‘‘Medical services’’, to remain available until expended,

to carry out the purposes of ‘‘Medical services’’.

SEC. 116. (a) The Secretary of Veterans Affairs shall conduct

by contract a program of recovery audits for the fee basis and

other medical services contracts with respect to payments for hospital care. Notwithstanding section 3302(b) of title 31, United States

Code, amounts collected, by setoff or otherwise, as the result of

such audits shall be available, without fiscal year limitation, for

the purposes for which funds are appropriated under ‘‘Medical

services’’ and the purposes of paying a contractor a percent of

Contracts.

Contracts.

Reports.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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. The Department of Veterans Affairs shall implement

the Veterans Health Administration account structure described

under this Act by no later than 90 days after the date of enactment

of this Act and shall submit its fiscal year 2005 budget justifications

using the identical structure provided under this Act.

SEC. 122. That of the unobligated balances remaining from

prior year recoveries under the heading ‘‘Medical care’’,

$270,000,000 are rescinded.

TITLE II—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

For activities and assistance under the United States Housing

Act of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein),

not otherwise provided for, $19,371,481,762, and amounts that are

Deadline.

118 STAT. 372 PUBLIC LAW 108–199—JAN. 23, 2004

recaptured in this account, to remain available until expended:

Provided, That of the amounts made available under this heading, $15,171,481,762 and the aforementioned recaptures shall be available on October 1, 2003 and $4,200,000,000 shall be available

on October 1, 2004: Provided further, That amounts made available

under this heading are provided as follows:

(1) $17,635,130,745 for expiring or terminating section 8

project-based subsidy contracts (including section 8 moderate

rehabilitation contracts), for amendments to section 8 projectbased subsidy contracts, for contracts entered into pursuant

to section 441 of the McKinney-Vento Homeless Assistance

Act, for the renewal of section 8 contracts for units in projects

that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the

Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for renewals of expiring section 8 tenantbased annual contributions contracts (including amendments

and renewals of enhanced vouchers under any provision of

law authorizing such assistance under section 8(t) of the Act

(42 U.S.C. 1437f(t))): Provided, That notwithstanding any other

provision of law, the Secretary shall renew expiring section

8 tenant-based annual contributions contracts for each public

housing agency, (including for agencies participating in the

Moving to Work demonstration, unit months representing section 8 tenant-based assistance funds committed by the public

housing agency for specific purposes, other than reserves, that

are authorized pursuant to any agreement and conditions

entered into under such demonstration, and utilized in compliance with any applicable program obligation deadlines) based

on the total number of unit months which were under lease

as reported on the most recent end-of-year financial statement

submitted by the public housing agency to the Department,

or as adjusted by such additional information submitted by

the public housing agency to the Secretary as of August 1,

2003 (subject to verification), and by applying an inflation

factor based on local or regional factors to the actual per unit

cost: Provided further, That none of the funds made available

in this paragraph may be used to support a total number

of unit months under lease which exceeds a public housing

agency’s authorized level of units under contract;

(2) $136,846,017 for a central fund to be allocated by the

Secretary for amendments to section 8 tenant-based annual

contributions contracts for such purposes set forth in this paragraph: Provided, That subject to the following proviso, the

Secretary may use amounts made available in such fund, as

necessary, for an increase in the total number of unit months

under lease as compared to the number of unit months under

lease as of August 1, 2003, provided for by the annual contributions contract: Provided further, That if a public housing agency,

at any point in time during their fiscal year, has obligated

the amounts made available to such agency pursuant to paragraph (1) under this heading for the renewal of expiring section

8 tenant-based annual contributions contracts, and if such

agency has expended 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

Deadline.

Contracts.

PUBLIC LAW 108–199—JAN. 23, 2004 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, 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

Reports.

118 STAT. 374 PUBLIC LAW 108–199—JAN. 23, 2004

because the funding provided under one such paragraph otherwise would be depleted and as a result, the maximum utilization of section 8 tenant-based assistance with the funds appropriated for this purpose by this Act would not be feasible:

Provided further, That prior to undertaking the transfer of

funds in excess of 10 percent from any paragraph pursuant

to the previous proviso, the Secretary shall notify the Chairman

and Ranking Member of the Subcommittees on Veterans Affairs

and Housing and Urban Development, and Independent Agencies of the Committees on Appropriations of the House of Representatives and the Senate and shall not transfer any such

funds until 30 days after such notification: Provided further,

That incremental vouchers previously made available under

this heading for non-elderly disabled families shall, to the

extent practicable, continue to be provided to non-elderly disabled families upon turnover: Provided further, That, hereafter,

the Secretary shall require public housing agencies to submit

accounting data for funds disbursed under this heading in

this Act and prior Acts by source and purpose of such funds:

Provided further, That $2,844,000,000 is rescinded from unobligated balances remaining from funds appropriated to the

Department of Housing and Urban Development under this

heading or the heading ‘‘Annual contributions for assisted

housing’’ or any other heading for fiscal year 2003 and prior

years, to be effected by the Secretary no later than September

30, 2004: Provided further, That any such balances governed

by reallocation provisions under the statute authorizing the

program for which the funds were originally appropriated shall

be available for the rescission: Provided further, That any obligated balances of contract authority from fiscal year 1974 and

prior that have been terminated shall be cancelled.

PUBLIC HOUSING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

For the Public Housing Capital Fund Program to carry out

capital and management activities for public housing agencies, as

authorized under section 9 of the United States Housing Act of

1937, as amended (42 U.S.C. 1437g) (the ‘‘Act’’) $2,712,255,000,

to remain available until September 30, 2007: Provided, That notwithstanding any other provision of law or regulation, during fiscal

year 2004, the Secretary may not delegate to any Department

official other than the Deputy Secretary and the Assistant Secretary

for Public and Indian Housing any authority under paragraph (2)

of section 9(j) regarding the extension of the time periods under

such section: Provided further, That for purposes of such section

9(j), the term ‘‘obligate’’ means, with respect to amounts, that the

amounts are subject to a binding agreement that will result in

outlays, immediately or in the future: Provided further, That of

the total amount provided under this heading, up to $50,000,000

shall be for carrying out activities under section 9(h) of such Act,

of which $13,000,000 shall be for the provision of remediation

services to public housing agencies identified as ‘‘troubled’’ under

the section 8 Management Assessment Program and for surveys

used to calculate local Fair Market Rents and assess housing conditions in connection with rental assistance under section 8 of the

Act: Provided further, That of the total amount provided under

Deadline.

Records.

Notification.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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 SelfDetermination Act of 1996: Provided further, That of the total

amount provided under this heading, $15,000,000 shall be for

Neighborhood Networks grants for activities authorized in section

9(d)(1)(E) of the United States Housing Act of 1937, as amended:

Provided further, That notwithstanding any other provision of law,

amounts made available in the previous proviso shall be awarded

to public housing agencies on a competitive basis.

The first proviso under this heading in the Departments of

Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003, is amended by striking

‘‘1998, 1999’’.

PUBLIC HOUSING OPERATING FUND

For 2004 payments to public housing agencies for the operation

and management of public housing, as authorized by section 9(e)

of the United States Housing Act of 1937, as amended (42 U.S.C.

1437g(e)), $3,600,000,000: Provided, That of the total amount pro- vided under this heading, $10,000,000 shall be for programs, as

determined appropriate by the Attorney General, which assist in

the investigation, prosecution, and prevention of violent crimes

and drug offenses in public and federally-assisted low-income

housing, including Indian housing, which shall be administered

by the Department of Justice through a reimbursable agreement

with the Department of Housing and Urban Development: Provided

further, That, in fiscal year 2004 and all fiscal years hereafter,

no amounts under this heading in any appropriations Act may

be used for payments to public housing agencies for the costs

of operation and management of public housing for any year prior

to the current year of such Act: Provided further, That no funds

may be used under this heading for the purposes specified in

section 9(k) of the United States Housing Act of 1937, as amended.

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)

For grants to public housing agencies for demolition, site

revitalization, replacement housing, and tenant-based assistance

grants to projects as authorized by section 24 of the United States

Housing Act of 1937, as amended, $150,000,000, to remain available

until September 30, 2005, of which the Secretary may use up

to $4,000,000 for technical assistance and contract expertise, to

be provided directly or indirectly by grants, contracts or cooperative

42 USC 1437g

note.

117 Stat. 486.

118 STAT. 376 PUBLIC LAW 108–199—JAN. 23, 2004

agreements, including training and cost of necessary travel for

participants in such training, by or to officials and employees of

the department and of public housing agencies and to residents:

Provided, That none of such funds shall be used directly or indirectly

by granting competitive advantage in awards to settle litigation

or pay judgments, unless expressly permitted herein.

NATIVE AMERICAN HOUSING BLOCK GRANTS

(INCLUDING TRANSFERS OF FUNDS)

For the Native American Housing Block Grants program, as

authorized under title I of the Native American Housing Assistance

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111

et seq.), $654,100,000, to remain available until expended, of which

$2,200,000 shall be contracted through the Secretary as technical

assistance and capacity building to be used by the National American Indian Housing Council in support of the implementation

of NAHASDA; of which $4,500,000 shall be to support the inspection

of Indian housing units, contract expertise, training, and technical

assistance in the training, oversight, and management of Indian

housing and tenant-based assistance, including up to $300,000 for

related travel; and of which no less than $2,720,000 shall be transferred to the Working Capital Fund for development of and modifications to information technology systems which serve programs or

activities under ‘‘Public and Indian housing’’: Provided, That of

the amount provided under this heading, $2,000,000 shall be made

available for the cost of guaranteed notes and other obligations,

as authorized by title VI of NAHASDA: Provided further, That

such costs, including the costs of modifying such notes and other

obligations, shall be as defined in section 502 of the Congressional

Budget Act of 1974, as amended: Provided further, That these

funds are available to subsidize the total principal amount of any

notes and other obligations, any part of which is to be guaranteed,

not to exceed $16,658,000: Provided further, That for administrative

expenses to carry out the guaranteed loan program, up to $150,000

from amounts in the first proviso, which shall be transferred to

and merged with the appropriation for ‘‘Salaries and expenses’’,

to be used only for the administrative costs of these guarantees.

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section

184 of the Housing and Community Development Act of 1992 (12

U.S.C. 1715z–13a), $5,300,000, to remain available until expended:

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

loans, shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended: Provided further, That these funds are

available to subsidize total loan principal, any part of which is

to be guaranteed, not to exceed $197,243,000.

In addition, for administrative expenses to carry out the

guaranteed loan program, up to $250,000 from amounts in the

first paragraph, which shall be transferred to and merged with

the appropriation for ‘‘Salaries and expenses’’, to be used only

for the administrative costs of these guarantees.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 377

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section

184A of the Housing and Community Development Act of 1992

(12 U.S.C. 1715z–13b), $1,035,000, to remain available until

expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That

these funds are available to subsidize total loan principal, any

part of which is to be guaranteed, not to exceed $39,712,000.

In addition, for administrative expenses to carry out the

guaranteed loan program, up to $35,000 from amounts in the first

paragraph, which shall be transferred to and merged with the

appropriation for ‘‘Salaries and expenses’’, to be used only for the

administrative costs of these guarantees.

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with

AIDS program, as authorized by the AIDS Housing Opportunity

Act (42 U.S.C. 12901 et seq.), $296,500,000, to remain available

until September 30, 2005: Provided, That the Secretary shall renew

all expiring contracts for permanent supportive housing that were

funded under section 854(c)(3) of such Act that meet all program

requirements before awarding funds for new contracts and activities

authorized under this section: Provided further, That the Secretary

may use up to $2,500,000 of the funds under this heading for

training, oversight, and technical assistance activities.

RURAL HOUSING AND ECONOMIC DEVELOPMENT

For the Office of Rural Housing and Economic Development

in the Department of Housing and Urban Development, $25,000,000

to remain available until expended, which amount shall be competitively awarded by June 1, 2004, to Indian tribes, State housing

finance agencies, State community and/or economic development

agencies, local rural nonprofits and community development corporations to support innovative housing and economic development

activities in rural areas.

EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

For grants in connection with a second round of empowerment

zones and enterprise communities, $15,000,000, to remain available

until September 30, 2005, for ‘‘Urban Empowerment Zones’’, as

authorized in section 1391(g) of the Internal Revenue Code of 1986

(26 U.S.C. 1391(g)), including $1,000,000 for each empowerment

zone for use in conjunction with economic development activities

consistent with the strategic plan of each empowerment zone.

118 STAT. 378 PUBLIC LAW 108–199—JAN. 23, 2004

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFERS OF FUNDS)

For assistance to units of State and local government, and

to other entities, for economic and community development activities, and for other purposes, $4,950,000,000, to remain available

until September 30, 2006: Provided, That of the amount provided, $4,356,550,000 is for carrying out the community development block

grant program under title I of the Housing and Community Development Act of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301

et seq.): Provided further, That unless explicitly provided for under

this heading (except for planning grants provided in the third

paragraph and amounts made available in the second paragraph),

not to exceed 20 percent of any grant made with funds appropriated

under this heading (other than a grant made available in this

paragraph to the Housing Assistance Council or the National American Indian Housing Council, or a grant using funds under section

107(b)(3) of the Act) shall be expended for planning and management development and administration: Provided further, That

$72,000,000 shall be for grants to Indian tribes notwithstanding

section 106(a)(1) of such Act; $3,300,000 shall be for a grant to

the Housing Assistance Council; $2,500,000 shall be for a grant

to the National American Indian Housing Council; $5,000,000 shall

be available as a grant to the National Housing Development Corporation, for operating expenses not to exceed $2,000,000 and for

a program of affordable housing acquisition and rehabilitation;

$5,000,000 shall be available as a grant to the National Council

of La Raza for the HOPE Fund, of which $500,000 is for technical

assistance and fund management, and $4,500,000 is for investments

in the HOPE Fund and financing to affiliated organizations;

$52,000,000 shall be for grants pursuant to section 107 of the

Act, of which $9,500,000 shall be for the Native Hawaiian block

grant authorized under title VIII of the Native American Housing

Assistance and Self-Determination Act of 1996; no less than

$4,900,000 shall be transferred to the Working Capital Fund for

the development of and modification to information technology systems which serve programs or activities under ‘‘Community planning and development’’; $27,000,000 shall be for grants pursuant

to the Self Help Homeownership Opportunity Program; $34,750,000

shall be for capacity building, of which $30,000,000 shall be for

Capacity Building for Community Development and Affordable

Housing for LISC and the Enterprise Foundation for activities

as authorized by section 4 of the HUD Demonstration Act of 1993

(42 U.S.C. 9816 note), as in effect immediately before June 12,

1997, with not less than $5,000,000 of the funding to be used

in rural areas, including tribal areas, and of which $4,750,000

shall be for capacity building activities administered by Habitat

for Humanity International; $65,000,000 shall be available for

YouthBuild program activities authorized by subtitle D of title

IV of the Cranston-Gonzalez National Affordable Housing Act, as

amended, and such activities shall be an eligible activity with

respect to any funds made available under this heading: Provided, That local YouthBuild programs that demonstrate an ability to

leverage private and nonprofit funding shall be given a priority

for YouthBuild funding: Provided further, That no more than 10

percent of any grant award under the YouthBuild program may

be used for administrative costs: Provided further, That of the

PUBLIC LAW 108–199—JAN. 23, 2004 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 fac ̧ade

improvements in the Mill Village neighborhood’’ and inserting ‘‘for

the restoration and renovation of houses within the Lincoln or

Dallas mill villages’’.

The referenced statement of the managers under this heading

in Public Law 107–73 is deemed to be amended with respect to

the amount made available to the Metropolitan Development

Association in Syracuse, New York by inserting ‘‘and other economic

development planning and revitalization activities’’ after the word

‘‘study’’.

The referenced statement of the managers under this heading

in Public Law 107–73 is deemed to be amended with respect to

the amount made available to the Staten Island Freedom Memorial

Fund by striking ‘‘Staten Island Freedom Memorial Fund for the

construction of a memorial in the Staten Island community of

St. George, New York’’ and inserting ‘‘Staten Island Botanical Garden for construction and related activities for a healing garden’’.

118 STAT. 380 PUBLIC LAW 108–199—JAN. 23, 2004

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’’.

PUBLIC LAW 108–199—JAN. 23, 2004 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;’’.

118 STAT. 382 PUBLIC LAW 108–199—JAN. 23, 2004

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’’.

URBAN DEVELOPMENT ACTION GRANTS

From balances of the Urban Development Action Grant Program, as authorized by title I of the Housing and Community

Development Act of 1974, as amended, $30,000,000 are cancelled.

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, $6,325,000, to remain available until September 30, 2005, as authorized by section 108 of

the Housing and Community Development Act of 1974, as amended:

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

loans, shall be as defined in section 502 of the Congressional Budget

Act of 1974, as amended: Provided further, That these funds are

available to subsidize total loan principal, any part of which is

to be guaranteed, not to exceed $275,000,000, notwithstanding any

aggregate limitation on outstanding obligations guaranteed in section 108(k) of the Housing and Community Development Act of

1974, as amended.

In addition, for administrative expenses to carry out the

guaranteed loan program, $1,000,000 which shall be transferred

to and merged with the appropriation for ‘‘Salaries and expenses’’.

BROWNFIELDS REDEVELOPMENT

For competitive economic development grants, as authorized

by section 108(q) of the Housing and Community Development

Act of 1974, as amended, for Brownfields redevelopment projects,

$25,000,000, to remain available until September 30, 2005.

HOME INVESTMENT PARTNERSHIPS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For the HOME investment partnerships program, as authorized

under title II of the Cranston-Gonzalez National Affordable Housing

Act, as amended, $1,930,000,000, to remain available until September 30, 2006: Provided, That of the total amount provided in

this paragraph, up to $40,000,000 shall be available for housing

counseling under section 106 of the Housing and Urban Development Act of 1968 and no less than $2,100,000 shall be transferred

to the Working Capital Fund for the development of and modifications to information technology systems which serve programs or

activities under ‘‘Community planning and development’’.

In addition to amounts otherwise made available under this

heading, $87,500,000, to remain available until September 30, 2006,

for assistance to homebuyers as authorized under title II of the

Cranston-Gonzalez National Affordable Housing Act, as amended:

Provided, That the Secretary shall provide such assistance in

accordance with a formula to be established by the Secretary that

considers, among other things, a participating jurisdiction’s need

PUBLIC LAW 108–199—JAN. 23, 2004 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.

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

For the emergency shelter grants program as authorized under

subtitle B of title IV of the McKinney-Vento Homeless Assistance

Act, as amended; the supportive housing program as authorized

under subtitle C of title IV of such Act; the section 8 moderate

rehabilitation single room occupancy program as authorized under

the United States Housing Act of 1937, as amended, to assist

homeless individuals pursuant to section 441 of the McKinneyVento 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 Welfareto-Work grant program: Provided further, That $12,000,000 of the

funds appropriated under this heading shall be available for the

national homeless data analysis project and technical assistance:

Provided further, That no less than $2,580,000 of the funds appropriated under this heading shall be transferred to the Working

Capital Fund for the development of and modifications to information technology systems which serve programs or activities under

‘‘Community planning and development’’.

HOUSING PROGRAMS

HOUSING FOR THE ELDERLY

(INCLUDING TRANSFER OF FUNDS)

For capital advances, including amendments to capital advance

contracts, for housing for the elderly, as authorized by section

202 of the Housing Act of 1959, as amended, and for project rental

118 STAT. 384 PUBLIC LAW 108–199—JAN. 23, 2004

assistance for the elderly under section 202(c)(2) of such Act,

including amendments to contracts for such assistance and renewal

of expiring contracts for such assistance for up to a 1-year term,

and for supportive services associated with the housing,

$778,320,000, plus recaptures and cancelled commitments, to

remain available until September 30, 2006, of which amount

$30,000,000 shall be for service coordinators and the continuation

of existing congregate service grants for residents of assisted

housing projects, and of which amount up to $25,000,000 shall

be for grants under section 202b of the Housing Act of 1959 (12

U.S.C. 1701q–2) for conversion of eligible projects under such section

to assisted living or related use and for emergency capital repairs

as determined by the Secretary: Provided, That of the amount

made available under this heading, $20,000,000 shall be available

to the Secretary of Housing and Urban Development only for

making competitive grants to private nonprofit organizations and

consumer cooperatives for covering costs of architectural and

engineering work, site control, and other planning relating to the

development of supportive housing for the elderly that is eligible

for assistance under section 202 of the Housing Act of 1959 (12

U.S.C. 1701q): Provided further, That no less than $470,000 shall

be transferred to the Working Capital Fund for the development

of and modifications to information technology systems which serve

programs or activities under ‘‘Housing programs’’ or ‘‘Federal

Housing Administration’’: Provided further, That the Secretary may

waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract

term for such assistance shall not exceed 5 years in duration:

Provided further, That all balances outstanding, as of September

30, 2003, for capital advances, including amendments to capital

advances, for housing for the elderly, as authorized by section

202, for project rental assistance for housing for the elderly, as

authorized under section 202(c)(2) of such Act, including amendments to contracts shall be transferred to and merged with the

amounts for those purposes under this heading.

HOUSING FOR PERSONS WITH DISABILITIES

(INCLUDING TRANSFER OF FUNDS)

For capital advance contracts, including amendments to capital

advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez

National Affordable Housing Act, for project rental assistance for

supportive housing for persons with disabilities under section

811(d)(2) of such Act, including amendments to contracts for such

assistance and renewal of expiring contracts for such assistance

for up to a 1-year term, and for supportive services associated

with the housing for persons with disabilities as authorized by

section 811(b)(1) of such Act, and for tenant-based rental assistance

contracts entered into pursuant to section 811 of such Act,

$250,570,000, plus recaptures and cancelled commitments to remain

available until September 30, 2006: Provided, That no less than

$470,000 shall be transferred to the Working Capital Fund for

the development of and modifications to information technology

systems which serve programs or activities under ‘‘Housing programs’’ or ‘‘Federal Housing Administration’’: Provided further, That

of the amount provided under this heading, other than amounts

PUBLIC LAW 108–199—JAN. 23, 2004 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.

FLEXIBLE SUBSIDY FUND

(TRANSFER OF FUNDS)

From the Rental Housing Assistance Fund, all uncommitted

balances of excess rental charges as of September 30, 2003, and

any collections made during fiscal year 2004, shall be transferred

to the Flexible Subsidy Fund, as authorized by section 236(g) of

the National Housing Act, as amended.

RENTAL HOUSING ASSISTANCE

(RESCISSION)

Up to $303,000,000 of recaptured section 236 budget authority

resulting from prepayment of mortgages subsidized under section

236 of the National Housing Act (12 U.S.C. 1715z–1) shall be

rescinded in fiscal year 2004: Provided, That the limitation otherwise applicable to the maximum payments that may be required

in any fiscal year by all contracts entered into under section 236

is reduced in fiscal year 2004 by not more than $303,000,000

in uncommitted balances of authorizations of contract authority

provided for this purpose in prior appropriations Acts.

MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974,

as amended (42 U.S.C. 5401 et seq.), up to $13,000,000 to remain

available until expended, to be derived from the Manufactured

Housing Fees Trust Fund: Provided, That not to exceed the total

amount appropriated under this heading shall be available from

the general fund of the Treasury to the extent necessary to incur

obligations and make expenditures pending the receipt of collections

to the Fund pursuant to section 620 of such Act: Provided further,

That the amount made available under this heading from the

general fund shall be reduced as such collections are received during

fiscal year 2004 so as to result in a final fiscal year 2004 appropriation from the general fund estimated at not more than $0 and

118 STAT. 386 PUBLIC LAW 108–199—JAN. 23, 2004

fees pursuant to such section 620 shall be modified as necessary

to ensure such a final fiscal year 2004 appropriation.

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

During fiscal year 2004, commitments to guarantee loans to

carry out the purposes of section 203(b) of the National Housing

Act, as amended, shall not exceed a loan principal of

$185,000,000,000.

During fiscal year 2004, obligations to make direct loans to

carry out the purposes of section 204(g) of the National Housing

Act, as amended, shall not exceed $50,000,000: Provided, That

the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the

Mutual Mortgage Insurance Fund.

For administrative expenses necessary to carry out the guaranteed and direct loan program, $359,000,000, of which not to exceed

$355,000,000 shall be transferred to the appropriation for ‘‘Salaries

and expenses’’; and not to exceed $4,000,000 shall be transferred

to the appropriation for ‘‘Office of Inspector General’’. In addition,

for administrative contract expenses, $85,000,000, of which no less

than $20,744,000 shall be transferred to the Working Capital Fund

for the development of and modifications to information technology

systems which serve programs or activities under ‘‘Housing programs’’ or ‘‘Federal Housing Administration’’: Provided, That to

the extent guaranteed loan commitments exceed $65,500,000,000

on or before April 1, 2004, an additional $1,400 for administrative

contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount

for any amount below $1,000,000), but in no case shall funds

made available by this proviso exceed $30,000,000.

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of guaranteed loans, as authorized by sections

238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and

1735c), including the cost of loan guarantee modifications, as that

term is defined in section 502 of the Congressional Budget Act

of 1974, as amended, $15,000,000, to remain available until

expended: Provided, That these funds are available to subsidize

total loan principal, any part of which is to be guaranteed, of

up to $25,000,000,000.

Gross obligations for the principal amount of direct loans, as

authorized by sections 204(g), 207(l), 238, and 519(a) of the National

Housing Act, shall not exceed $50,000,000, of which not to exceed

$30,000,000 shall be for bridge financing in connection with the

sale of multifamily real properties owned by the Secretary and

formerly insured under such Act; and of which not to exceed

$20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties

owned by the Secretary and formerly insured under such Act.

PUBLIC LAW 108–199—JAN. 23, 2004 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

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

New commitments to issue guarantees to carry out the purposes

of section 306 of the National Housing Act, as amended (12 U.S.C.

1721(g)), shall not exceed $200,000,000,000, to remain available

until September 30, 2005.

For administrative expenses necessary to carry out the guaran- teed mortgage-backed securities program, $10,695,000, to be derived

from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $10,695,000, shall

be transferred to the appropriation for ‘‘Salaries and expenses’’.

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of

research and studies relating to housing and urban problems, not

otherwise provided for, as authorized by title V of the Housing

and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–

1 et seq.), including carrying out the functions of the Secretary

under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

$47,000,000, to remain available until September 30, 2005: Provided, That of the total amount provided under this heading,

$7,500,000 shall be for the Partnership for Advancing Technology

in Housing (PATH) Initiative.

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of

1968, as amended by the Fair Housing Amendments Act of 1988,

and section 561 of the Housing and Community Development Act

118 STAT. 388 PUBLIC LAW 108–199—JAN. 23, 2004

of 1987, as amended, $48,000,000, to remain available until September 30, 2005, of which $20,250,000 shall be to carry out activities

pursuant to such section 561: Provided, That no funds made available under this heading shall be used to lobby the executive or

legislative branches of the Federal Government in connection with

a specific contract, grant or loan.

OFFICE OF LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by

section 1011 of the Residential Lead-Based Paint Hazard Reduction

Act of 1992, $175,000,000, to remain available until September

30, 2005, of which $10,000,000 shall be for the Healthy Homes

Initiative, pursuant to sections 501 and 502 of the Housing and

Urban Development Act of 1970 that shall include research, studies,

testing, and demonstration efforts, including education and outreach

concerning lead-based paint poisoning and other housing-related

diseases and hazards: Provided, That of the total amount made

available under this heading, $50,000,000 shall be made available

on a competitive basis for areas with the highest lead paint abatement needs, as identified by the Secretary as having: (1) the highest

number of occupied pre-1940 units of rental housing; and (2) a

disproportionately high number of documented cases of leadpoisoned children: Provided further, That each grantee receiving

funds under the previous proviso shall target those privately owned

units and multifamily buildings that are occupied by low-income

families as defined under section 3(b)(2) of the United States

Housing Act of 1937: Provided further, That not less than 90 percent

of the funds made available under this paragraph shall be used

exclusively for abatement, inspections, risk assessments, temporary

relocations and interim control of lead-based hazards as defined

by 42 U.S.C. 4851: Provided further, That each recipient of funds

provided under the first proviso shall make a matching contribution

in an amount not less than 25 percent: Provided further, That

each applicant shall submit a detailed plan and strategy that demonstrates adequate capacity that is acceptable to the Secretary

to carry out the proposed use of funds pursuant to a Notice of

Funding Availability.

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary administrative and non-administrative expenses

of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances

therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger

motor vehicles; services as authorized by 5 U.S.C. 3109; and not

to exceed $25,000 for official reception and representation expenses,

$1,123,130,000, of which $564,000,000 shall be provided from the

various funds of the Federal Housing Administration, $10,695,000

shall be provided from funds of the Government National Mortgage

Association, $1,000,000 shall be provided from the ‘‘Community

development loan guarantees program’’ account, $150,000 shall be

Lobbying.

PUBLIC LAW 108–199—JAN. 23, 2004 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, That funds made available under

this heading shall only be allocated in the manner specified in

the report accompanying this Act unless the Committees on Appropriations of both the House of Representatives and the Senate

are notified of any changes in an operating plan or reprogramming:

Provided further, That no official or employee of the Department

shall be designated as an allotment holder unless the Office of

the Chief Financial Officer (OCFO) has determined that such allotment holder has implemented an adequate system of funds control

and has received training in funds control procedures and directives:

Provided further, That the Chief Financial Officer shall establish

positive control of and maintain adequate systems of accounting

for appropriations and other available funds as required by 31

U.S.C. 1514: Provided further, That for purposes of funds control

and determining whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of obligation shall

be the executed agreement or contract, except with respect to insurance and guarantee programs, certain types of salaries and expenses

funding, and incremental funding that is authorized under an

executed agreement or contract, and shall be designated in the

approved funds control plan: Provided further, That the Chief Financial Officer shall: (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 21⁄2 percent.

The tenth proviso under this heading in the Departments of

Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003, is amended by striking

‘‘the purpose of’’ and inserting ‘‘purposes of funds control and’’

and before the colon insert the following ‘‘, except with respect

to insurance and guarantee programs, certain types of salaries

and expenses funding, and incremental funding that is authorized

under an executed agreement or contract’’.

WORKING CAPITAL FUND

For additional capital for the Working Capitol Fund (42 U.S.C.

3535) for the development of, modifications to, and infrastructure

for Department-wide information technology systems, and for the

continuing operation of both Department-wide and program-specific

42 USC 3549

note.

Procedures.

Records.

42 USC 3549

note.

Notification.

118 STAT. 390 PUBLIC LAW 108–199—JAN. 23, 2004

information systems, $235,000,000, to remain available until September 30, 2005: Provided, That any amounts transferred to this

Fund under this Act shall remain available until expended.

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$101,000,000, of which $24,000,000 shall be provided from the

various funds of the Federal Housing Administration: Provided,

That the Inspector General shall have independent authority over

all personnel issues within this office: Provided further, That no

less than $300,000 shall be transferred to the Working Capital

Fund for the development of and modifications to information technology systems for the Office of Inspector General.

CONSOLIDATED FEE FUND

(RESCISSION)

All unobligated balances remaining available from fees and

charges under section 7(j) of the Department of Housing and Urban

Development Act on October 1, 2003 are rescinded.

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For carrying out the Federal Housing Enterprises Financial

Safety and Soundness Act of 1992, including not to exceed $500

for official reception and representation expenses, $39,915,000, to

remain available until expended, to be derived from the Federal

Housing Enterprises Oversight Fund: Provided, That of the amount

made available under this heading, $4,500,000 is for 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, 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.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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) Notwithstanding section 854(c)(1)(A) of the AIDS

Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any

amounts made available under this title for fiscal year 2004 that

are allocated under such section, the Secretary of Housing and

Urban Development shall allocate and make a grant, in the amount

determined under subsection (b), for any State that—

(1) received an allocation in a prior fiscal year under clause

(ii) of such section; and

(2) is not otherwise eligible for an allocation for fiscal

year 2004 under such clause (ii) because the areas in the

State outside of the metropolitan statistical areas that qualify

under clause (i) in fiscal year 2004 do not have the number

of cases of acquired immunodeficiency syndrome (AIDS)

required under such clause.

(b) The amount of the allocation and grant for any State

described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are

outside of metropolitan statistical areas that qualify under clause

(i) of such section 854(c)(1)(A) in fiscal year 2004, in proportion

to AIDS cases among cities and States that qualify under clauses

(i) and (ii) of such section and States deemed eligible under subsection (a).

SEC. 204. (a) During fiscal year 2004, in the provision of rental

assistance under section 8(o) of the United States Housing Act

of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance

for use in assisted living facilities that is carried out in the counties

of the State of Michigan specified in subsection (b) of this section,

notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o),

a family residing in an assisted living facility in any such county,

on behalf of which a public housing agency provides assistance

pursuant to section 8(o)(18) of such Act, may be required, at the

Michigan.

Grants.

Intergovernmental

relations.

AIDS.

118 STAT. 392 PUBLIC LAW 108–199—JAN. 23, 2004

time the family initially receives such assistance, to pay rent in

an amount exceeding 40 percent of the monthly adjusted income

of the family by such a percentage or amount as the Secretary

of Housing and Urban Development determines to be appropriate.

(b) The counties specified in this subsection are Oakland

County, Macomb County, Wayne County, and Washtenaw County,

in the State of Michigan.

SEC. 205. Except as explicitly provided in law, any grant,

cooperative agreement or other assistance made pursuant to title

II of this Act shall be made on a competitive basis and in accordance

with section 102 of the Department of Housing and Urban Development Reform Act of 1989.

SEC. 206. Funds of the Department of Housing and Urban

Development subject to the Government Corporation Control Act

or section 402 of the Housing Act of 1950 shall be available, without

regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home

Loan Mortgage Corporation, Federal Financing Bank, Federal

Reserve banks or any member thereof, Federal Home Loan banks,

and any insured bank within the meaning of the Federal Deposit

Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).

SEC. 207. Unless otherwise provided for in this Act or through

a reprogramming of funds, no part of any appropriation for the

Department of Housing and Urban Development shall be available

for any program, project or activity in excess of amounts set forth

in the budget estimates submitted to Congress.

SEC. 208. Corporations and agencies of the Department of

Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized

to make such expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104

of such Act as may be necessary in carrying out the programs

set forth in the budget for 2003 for such corporation or agency

except as hereinafter provided: Provided, That collections of these

corporations and agencies may be used for new loan or mortgage

purchase commitments only to the extent expressly provided for

in this Act (unless such loans are in support of other forms of

assistance provided for in this or prior appropriations Acts), except

that this proviso shall not apply to the mortgage insurance or

guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of

the United States Government.

SEC. 209. None of the funds provided in this title for technical

assistance, training, or management improvements may be obligated or expended unless HUD provides to the Committees on

Appropriations a description of each proposed activity and a detailed

budget estimate of the costs associated with each program, project

or activity as part of the Budget Justifications. For fiscal year

2004, HUD shall transmit this information to the Committees by

January 15, 2004, for 30 days of review.

SEC. 210. A public housing agency or such other entity that

administers Federal housing assistance in the States of Alaska,

Iowa, and Mississippi, shall not be required to include a resident

State listing.

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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. Each public housing agency or

other entity that administers Federal housing assistance under

section 8 in the States of Alaska, Iowa, and Mississippi, shall

establish an advisory board of not less than 6 residents of public

housing or recipients of section 8 assistance to provide advice and

comment to the public housing agency or other administering entity

on issues related to public housing and section 8. Such advisory

board shall meet not less than quarterly.

SEC. 211. The Secretary of Housing and Urban Development

shall provide quarterly reports to the House and Senate Committees

on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the

jurisdiction of the Department and shall submit additional, updated

budget information to these Committees upon request.

SEC. 212. Notwithstanding any other provision of law, in fiscal

year 2004, in managing and disposing of any multifamily property

that is owned or held by the Secretary and is occupied primarily

by elderly or disabled families, the Secretary of Housing and Urban

Development shall maintain any rental assistance payments under

section 8 of the United States Housing Act of 1937 that are attached

to any dwelling units in the property. To the extent the Secretary

determines that such a multifamily property owned or held by

the Secretary is not feasible for continued rental assistance payments under such section 8, the Secretary may, in consultation

with the tenants of that property, contract for project-based rental

assistance payments with an owner or owners of other existing

housing properties or provide other rental assistance.

SEC. 213. The Secretary of Housing and Urban Development

shall submit an annual report no later than August 30, 2004,

and annually thereafter to the House and Senate Committees on

Appropriations regarding the number of Federally assisted units

under lease and the per unit cost of these units to the Department

of Housing and Urban Development.

SEC. 214. (a) Notwithstanding any other provision of law, the

amount allocated for fiscal year 2004 under section 854(c) of the

AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City

of Wilmington, Delaware, on behalf of the Wilmington, DelawareMaryland-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the Philadelphia-Camden-Wilmington, PA-NJ-DEMD Metropolitan Statistical Area, shall be adjusted by the Secretary

of Housing and Urban Development by allocating to the State

of New Jersey the proportion of the metropolitan area’s or division’s

amount that is based on the number of cases of AIDS reported

in the portion of the metropolitan area or division that is located

in New Jersey. The State of New Jersey shall use amounts allocated

to the State under this subsection to carry out eligible activities

under section 855 of the AIDS Housing Opportunity Act (42 U.S.C.

12904) in the portion of the metropolitan division that is located

in New Jersey.

(b) Notwithstanding any other provision of law, the Secretary

of Housing and Urban Development shall allocate to Wake County,

North Carolina, the amounts that otherwise would be allocated

for fiscal year 2004 under section 854(c) of the AIDS Housing

Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North

North Carolina.

AIDS.

Delaware.

New Jersey.

Reports.

Deadline.

42 USC 1437

note.

Effective date.

Reports.

Establishment.

118 STAT. 394 PUBLIC LAW 108–199—JAN. 23, 2004

Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake County shall

be used to carry out eligible activities under section 855 of such

Act (42 U.S.C. 12904) within such metropolitan statistical area.

SEC. 215. Section 224 of the National Housing Act (12 U.S.C.

1735o) is amended by adding the following new sentence at the

end of the first paragraph: ‘‘Notwithstanding the preceding sentence

and the following paragraph, if an insurance claim is paid in cash

for any mortgage that is insured under section 203 or 234 of

this Act and is endorsed for mortgage insurance after the date

of enactment of this sentence, the debenture interest rate for purposes of calculating such a claim shall be the monthly average

yield, for the month in which the default on the mortgage occurred,

on United States Treasury Securities adjusted to a constant maturity of 10 years.’’.

SEC. 216. The McKinney-Vento Homeless Assistance Act (42

U.S.C. 11301 et seq.) is amended—

(1) in section 101(b), by striking ‘‘Interagency Council on

the Homeless’’ and inserting ‘‘United States Interagency

Council on Homelessness’’;

(2) in section 102(b)(1), by striking ‘‘an Interagency Council

on the Homeless’’ and inserting ‘‘the United States Interagency

Council on Homelessness’’;

(3) in the heading for title II, by striking ‘‘INTERAGENCY

COUNCIL ON THE HOMELESS’’ and inserting ‘‘UNITED

STATES INTERAGENCY COUNCIL ON HOMELESSNESS’’;

and

(4) in sections 201, 207(1), 501(c)(2)(a), and 501(d)(3), by

striking ‘‘Interagency Council on the Homeless’’ and inserting

‘‘United States Interagency Council on Homelessness’’.

SEC. 217. (a) INFORMATION COMPARISONS FOR PUBLIC AND

ASSISTED HOUSING PROGRAMS.—Section 453(j) of the Social Security

Act (42 U.S.C. 653(j)) is amended by adding at the end the following

new paragraph:

‘‘(7) INFORMATION COMPARISONS FOR HOUSING ASSISTANCE

PROGRAMS.—

‘‘(A) FURNISHING OF INFORMATION BY HUD.—Subject

to subparagraph (G), the Secretary of Housing and Urban

Development shall furnish to the Secretary, on such periodic basis as determined by the Secretary of Housing and

Urban Development in consultation with the Secretary,

information in the custody of the Secretary of Housing

and Urban Development for comparison with information

in the National Directory of New Hires, in order to obtain

information in such Directory with respect to individuals

who are participating in any program under—

‘‘(i) the United States Housing Act of 1937 (42

U.S.C. 1437 et seq.);

‘‘(ii) section 202 of the Housing Act of 1959 (12

U.S.C. 1701q);

‘‘(iii) section 221(d)(3), 221(d)(5), or 236 of the

National Housing Act (12 U.S.C. 1715l(d) and 1715z–

1);

‘‘(iv) section 811 of the Cranston-Gonzalez National

Affordable Housing Act (42 U.S.C. 8013); or

‘‘(v) section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s).

42 USC 11311,

11317, 11411.

42 USC 11301.

101 Stat. 482.

112 USC 1715o.

PUBLIC LAW 108–199—JAN. 23, 2004 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;

118 STAT. 396 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(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);

PUBLIC LAW 108–199—JAN. 23, 2004 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. Notwithstanding any other provision of law, the

State of Hawaii may elect by July 31, 2004 to distribute funds

under section 106(d)(2) of the Housing and Community Development

Act of 1974, to units of general local government located in nonentitlement areas of that State. If the State of Hawaii fails to

make such election, the Secretary shall for fiscal years 2005 and

thereafter make grants to the units of general local government

located in the State of Hawaii’s nonentitlement areas (Hawaii,

Kauai, and Maui counties). The Secretary of Housing and Urban

Development shall allocate funds under section 106(d) of such Act

to units of general local government located in nonentitlement

areas within the State of Hawaii in accordance with a formula

which bears the same ratio to the total amount available for the

nonentitlement areas of the State as the weighted average of the

ratios between: (1) the population of that eligible unit of general

local government and the population of all eligible units of general

local government in the nonentitlement areas of the State; (2)

the extent of poverty in that eligible unit of general local government and the extent of poverty in all of the eligible units of

general local government in the nonentitlement areas of the State;

and (3) the extent of housing overcrowding in that eligible unit

of general local government and the extent of housing overcrowding

in all of the eligible units of general local government in the

nonentitlement areas of the State. In determining the weighted

average of the ratios described in the previous sentence, the ratio

described in clause (2) shall be counted twice and the ratios

described in clauses (1) and (3) shall be counted once. Notwithstanding any other provision, grants made under this section shall

be subject to the program requirements of section 104 of the

Housing and Community Development Act of 1974 in the same

manner as such requirements are made applicable to grants made

under section 106(b) of the Housing and Community Development

Act of 1974.

SEC. 219. The Secretary of Housing and Urban Development

shall issue a proposed rulemaking, in accordance with title V,

United States Code, not later than 90 days from the date of enactment of this Act that—

(1) addresses and expands, as necessary, the participation

and certification requirements for the sale of HUD-owned multifamily housing projects and the foreclosure sale of any multifamily housing securing a mortgage held by the Secretary,

including whether a potential purchaser is in substantial

compliance with applicable State or local government housing

statutes, regulations, ordinances and codes with regard to other

properties owned by the purchaser; and

(2) requires any state, city, or municipality that exercises

its right of first refusal for the purchase of a multifamily

Regulations.

Deadline.

Hawaii.

Deadline.

118 STAT. 398 PUBLIC LAW 108–199—JAN. 23, 2004

housing project under section 203 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z–11(i))

to ensure that potential purchasers of the project from the

state, city, or municipality are subject to the same standards

that they would otherwise be subject to if they had purchased

the project directly from the Secretary, including whether a

potential purchaser is in substantial compliance with applicable

State or local government housing statutes, regulations, ordinances and codes with regard to other properties owned by

the purchaser.

SEC. 220. Section 217 of Public Law 107–73 is amended by

striking ‘‘the rehabilitation’’ and inserting ‘‘redevelopment, including

demolition and new construction’’.

SEC. 221. Notwithstanding any other provision of law, funds

appropriated for the housing for the elderly, as authorized by section

202 of the Housing Act of 1959, as amended, and for supportive

housing for persons with disabilities, as authorized by section 811

of the Cranston-Gonzalez National Affordable Housing Act, shall

be available for the cost of maintaining and disposing of such

properties that are acquired or otherwise become the responsibility

of the Department.

SEC. 222. The Secretary of Housing and Urban Development

shall conduct negotiated rulemaking with representatives from

interested parties for purposes of any changes to the formula governing the Public Housing Operating Fund. A final rule shall be

issued no later than July 1, 2004.

SEC. 223. The Department of Housing and Urban Development

shall submit the Department’s fiscal year 2005 congressional budget

justifications to the Committees on Appropriations of the House

of Representatives and the Senate using the identical structure

provided under this Act and only in accordance with the direction

included in the joint explanatory statement of the managers accompanying this Act.

TITLE III—INDEPENDENT AGENCIES

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the

American Battle Monuments Commission, including the acquisition

of land or interest in land in foreign countries; purchases and

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase

(one for replacement only) and hire of passenger motor vehicles;

and insurance of official motor vehicles in foreign countries, when

required by law of such countries, $41,300,000, to remain available

until expended.

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to

section 112(r)(6) of the Clean Air Act, as amended, including hire

Budget.

Deadline.

Regulations.

42 USC 1437g

note.

115 Stat. 678.

PUBLIC LAW 108–199—JAN. 23, 2004 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 Senior Executive Service positions: Provided further,

That notwithstanding any other provision of law, the individual

appointed to the position of Inspector General of the Environmental

Protection Agency (EPA) shall, by virtue of such appointment, also

hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector

General of the Board shall utilize personnel of the Office of Inspector

General of EPA in performing the duties of the Inspector General

of the Board, and shall not appoint any individuals to positions

within the Board.

EMERGENCY FUND

For necessary expenses of the Chemical Safety and Hazard

Investigation Board for accident investigations not otherwise provided for, $450,000, to remain available until expended.

DEPARTMENT OF THE TREASURY

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM

ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994, including services authorized by 5

U.S.C. 3109, but at rates for individuals not to exceed the per

diem rate equivalent to the rate for ES–3, $61,000,000, to remain

available until September 30, 2005, of which $4,000,000 shall be

for financial assistance, technical assistance, training and outreach

programs designed to benefit Native American, Native Hawaiian,

and Alaskan Native communities and provided primarily through

qualified community development lender organizations with experience and expertise in community development banking and lending

in Indian country, Native American organizations, tribes and tribal

organizations and other suitable providers, and up to $12,000,000

may be used for administrative expenses, including administration

of the New Markets Tax Credit, up to $6,000,000 may be used

for the cost of direct loans, and up to $250,000 may be used

for administrative expenses to carry out the direct loan program:

Provided, That the cost of direct loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That

these funds are available to subsidize gross obligations for the

principal amount of direct loans not to exceed $11,000,000.

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety

Commission, including hire of passenger motor vehicles, services

as authorized by 5 U.S.C. 3109, but at rates for individuals not

Government

organization.

5 USC app. 8G

note.

118 STAT. 400 PUBLIC LAW 108–199—JAN. 23, 2004

to exceed the per diem rate equivalent to the maximum rate payable

under 5 U.S.C. 5376, purchase of nominal awards to recognize

non-Federal officials’ contributions to Commission activities, and

not to exceed $500 for official reception and representation expenses,

$60,000,000.

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Corporation for National and

Community Service (the ‘‘Corporation’’) in carrying out programs,

activities, and initiatives under the National and Community

Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12501 et seq.),

$553,225,000, to remain available until September 30, 2005: Provided, That not more than $314,000,000 of the amount provided

under this heading shall be available for grants under the National

Service Trust Program authorized under subtitle C of title I of

the Act (42 U.S.C. 12571 et seq.) (relating to activities of the

AmeriCorps program), including grants to organizations operating

projects under the AmeriCorps Education Awards Program (without

regard to the requirements of sections 121(d) and (e), section 131(e),

section 132, and sections 140(a), (d), and (e) of the Act): Provided

further, That not less than $130,000,000 of the amount provided

under this heading, to remain available without fiscal year limitation, shall be transferred to the National Service Trust for educational awards authorized under subtitle D of title I of the Act

(42 U.S.C. 12601), of which up to $5,000,000 shall be available

to support national service scholarships for high school students

performing community service, and of which $10,000,000 shall be

held in reserve as defined in Public Law 108–45: Provided further,

That in addition to amounts otherwise provided to the National

Service Trust under the second proviso, the Corporation may

transfer funds from the amount provided under the first proviso,

to the National Service Trust authorized under subtitle D of title

I of the Act (42 U.S.C. 12601) upon determination that such transfer

is necessary to support the activities of national service participants

and after notice is transmitted to Congress: Provided further, That

of the amount provided under this heading for grants under the

National Service Trust program authorized under subtitle C of

title I of the Act, not more than $55,000,000 may be used to

administer, reimburse, or support any national service program

authorized under section 121(d)(2) of such Act (42 U.S.C.

12581(d)(2)): Provided further, That not more than $11,225,000

shall be available for quality and innovation activities authorized

under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.),

of which $3,000,000 shall be available for challenge grants to nonprofit 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,

PUBLIC LAW 108–199—JAN. 23, 2004 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, 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 inkind contributions provided by the private sector, and shall reduce

the total Federal costs per participant in all programs.

SALARIES AND EXPENSES

For necessary expenses of administration as provided under

section 501(a)(4) of the National and Community Service Act of

1990 (42 U.S.C. 12501 et seq.) including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference

rooms in the District of Columbia, the employment of experts and

consultants authorized under 5 U.S.C. 3109, and not to exceed

$2,500 for official reception and representation expenses,

$25,000,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$6,250,000, to remain available until September 30, 2005.

ADMINISTRATIVE PROVISIONS

Notwithstanding any other provision of law, the term ‘‘qualified

student loan’’ with respect to national service education awards

shall mean any loan determined by an institution of higher education to be necessary to cover a student’s cost of attendance at

such institution and made, insured, or guaranteed directly to a

student by a State agency, in addition to other meanings under

section 148(b)(7) of the National and Community Service Act.

America’s

Promise—The

Alliance for

Youth, Inc.

118 STAT. 402 PUBLIC LAW 108–199—JAN. 23, 2004

Notwithstanding any other provision of law, funds made available under section 129(d)(5)(B) of the National and Community

Service Act to assist entities in placing applicants who are individuals with disabilities may be provided to any entity that receives

a grant under section 121 of the Act.

The Inspector General of the Corporation for National and

Community Service shall conduct random audits of the grantees

that administer activities under the AmeriCorps programs and

shall levy sanctions in accordance with standard Inspector General

audit resolution procedures which include, but are not limited to,

debarment of any grantee (or successor in interest or any entity

with substantially the same person or persons in control) that

has been determined to have committed any substantial violations

of the requirements of the AmeriCorps programs, including any

grantee that has been determined to have violated the prohibition

of using Federal funds to lobby the Congress: Provided, That the

Inspector General shall obtain reimbursements in the amount of

any misused funds from any grantee that has been determined

to have committed any substantial violations of the requirements

of the AmeriCorps programs.

For fiscal year 2004, the Corporation shall make any significant

changes to program requirements or policy only through public

notice and comment rulemaking. For fiscal year 2004, during any

grant selection process, no officer or employee of the Corporation

shall knowingly disclose any covered grant selection information

regarding such selection, directly or indirectly, to any person other

than an officer or employee of the Corporation that is authorized

by the Corporation to receive such information.

U.S. COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States

Court of Appeals for Veterans Claims as authorized by 38 U.S.C.

7251–7298, $15,938,000 of which $1,175,000 shall be available for

the purpose of providing financial assistance as described, and

in accordance with the process and reporting procedures set forth,

under this heading in Public Law 102–229.

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance,

operation, and improvement of Arlington National Cemetery and

Soldiers’ and Airmen’s Home National Cemetery, including the

purchase of one passenger motor vehicle for replacement only, and

not to exceed $1,000 for official reception and representation

expenses, $29,000,000, to remain available until expended.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 403

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g)

of the Superfund Amendments and Reauthorization Act of 1986,

$78,774,000.

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances

and Disease Registry (ATSDR) in carrying out activities set forth

in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and

section 3019 of the Solid Waste Disposal Act, as amended,

$73,467,000, which may be derived to the extent funds are available

from the Hazardous Substance Superfund Trust Fund pursuant

to section 517(a) of SARA (26 U.S.C. 9507): Provided, That notwithstanding any other provision of law, in lieu of performing a health

assessment under section 104(i)(6) of CERCLA, the Administrator

of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing,

clinical evaluations, medical monitoring, and referral to accredited

health care providers: Provided further, That in performing any

such health assessment or health study, evaluation, or activity,

the Administrator of ATSDR shall not be bound by the deadlines

in section 104(i)(6)(A) of CERCLA: Provided further, That none

of the funds appropriated under this heading shall be available

for ATSDR to issue in excess of 40 toxicological profiles pursuant

to section 104(i) of CERCLA during fiscal year 2004, and existing

profiles may be updated as necessary.

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For science and technology, including research and development

activities, which shall include research and development activities

under the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980, as amended; necessary expenses for

personnel and related costs and travel expenses, including uniforms,

or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals

not to exceed the per diem rate equivalent to the maximum rate

payable for senior level positions under 5 U.S.C. 5376; procurement

of laboratory equipment and supplies; other operating expenses

in support of research and development; construction, alteration,

repair, rehabilitation, and renovation of facilities, not to exceed

$85,000 per project, $786,324,000, which shall remain available

until September 30, 2005: Provided, That of the funds provided

118 STAT. 404 PUBLIC LAW 108–199—JAN. 23, 2004

under this heading in Public Law 108–7, in reference to item

number 9, the Administrator is authorized to make a grant of

$436,000 to the City of San Bernardino, California.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and

related costs and travel expenses, including uniforms, or allowances

therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed

the per diem rate equivalent to the maximum rate payable for

senior level positions under 5 U.S.C. 5376; hire of passenger motor

vehicles; hire, maintenance, and operation of aircraft; purchase

of reprints; library memberships in societies or associations which

issue publications to members only or at a price to members lower

than to subscribers who are not members; construction, alteration,

repair, rehabilitation, and renovation of facilities, not to exceed

$85,000 per project; and not to exceed $9,000 for official reception

and representation expenses, $2,293,578,000, which shall remain

available until September 30, 2005, including administrative costs

of the brownfields program under the Small Business Liability

Relief and Brownfields Revitalization Act of 2002.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, and for construction, alteration, repair, rehabilitation,

and renovation of facilities, not to exceed $85,000 per project,

$37,558,000, to remain available until September 30, 2005.

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration,

and purchase of fixed equipment or facilities of, or for use by,

the Environmental Protection Agency, $40,000,000, to remain available until expended.

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6),

and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair,

rehabilitation, and renovation of facilities, not to exceed $85,000

per project; $1,265,000,000, to remain available until expended,

consisting of such sums as are available in the Trust Fund upon

the date of enactment of this Act as authorized by section 517(a)

of the Superfund Amendments and Reauthorization Act of 1986

(SARA) and up to $1,265,000,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds

appropriated under this heading may be allocated to other Federal

agencies in accordance with section 111(a) of CERCLA: Provided

further, That of the funds appropriated under this heading,

$13,214,000 shall be transferred to the ‘‘Office of Inspector General’’

PUBLIC LAW 108–199—JAN. 23, 2004 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.

LEAKING UNDERGROUND STORAGE TANK PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for

construction, alteration, repair, rehabilitation, and renovation of

facilities, not to exceed $85,000 per project, $76,000,000, to remain

available until expended.

OIL SPILL RESPONSE

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,

$16,209,000, to be derived from the Oil Spill Liability trust fund,

to remain available until expended.

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance,

including capitalization grants for State revolving funds and

performance partnership grants, $3,896,800,000, to remain available until expended, of which $1,350,000,000 shall be for making

capitalization grants for the Clean Water State Revolving Funds

under title VI of the Federal Water Pollution Control Act, as

amended (the ‘‘Act’’), of which up to $75,000,000 shall be available

for loans, including interest free loans as authorized by 33 U.S.C.

1383(d)(1)(A), to municipal, inter-municipal, interstate, or State

agencies or nonprofit entities for projects that provide treatment

for or that minimize sewage or stormwater discharges using one

or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater

treatment, low-impact development practices, conservation easements, stream buffers, or wetlands restoration; $850,000,000 shall

be for capitalization grants for the Drinking Water State Revolving

Funds under section 1452 of the Safe Drinking Water Act, as

amended, except that, notwithstanding section 1452(n) of the Safe

Drinking Water Act, as amended, none of the funds made available

under this heading in this Act, or in previous appropriations Acts,

shall be reserved by the Administrator for health effects studies

on drinking water contaminants; $50,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water

and wastewater facilities in the area of the United States-Mexico

Border, after consultation with the appropriate border commission;

$43,000,000 shall be for grants to the State of Alaska to address

drinking water and waste infrastructure needs of rural and Alaska

Native Villages: Provided, That, of these funds: (1) the State of

Alaska shall provide a match of 25 percent; (2) no more than

5 percent of the funds may be used for administrative and overhead

expenses; and (3) not later than October 1, 2004, and thereafter,

a statewide priority list shall be established which shall remain

in effect for at least 3 years for all water, sewer, waste disposal,

and similar projects carried out by the State of Alaska that are

funded under section 221 of the Federal Water Pollution Control

Deadline.

Grants.

Alaska.

118 STAT. 406 PUBLIC LAW 108–199—JAN. 23, 2004

Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less

than 25 percent of the funds provided for projects in regional

hub communities; $3,500,000 shall be for remediation of above

ground leaking fuel tanks pursuant to Public Law 106–554;

$325,000,000 shall be for making grants for the construction of

drinking water, wastewater and storm water infrastructure and

for water quality protection in accordance with the terms and

conditions specified for such grants in the joint explanatory statement of the managers accompanying this Act, and, for purposes

of these grants, each grantee shall contribute not less than 45

percent of the cost of the project unless the grantee is approved

for a waiver by the Agency; $6,600,000 for grants for construction

of alternative decentralized wastewater facilities under the National

Decentralized Wastewater Demonstration program, in accordance

with the terms and conditions specified in the joint explanatory

statement of the managers accompanying this Act; $93,500,000

shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), as amended, including grants, interagency agreements,

and associated program support costs; and $1,175,200,000 shall

be for grants, including associated program support costs, to States,

federally recognized tribes, interstate agencies, tribal consortia, and

air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities,

including activities pursuant to the provisions set forth under this

heading in Public Law 104–134, and for making grants under

section 103 of the Clean Air Act for particulate matter monitoring

and data collection activities of which and subject to terms and

conditions specified by the Administrator, of which $50,000,000

shall be for carrying out section 128 of CERCLA, as amended,

and $20,000,000 shall be for Environmental Information Exchange

Network grants, including associated program support costs: Provided further, That for fiscal year 2004, State authority under

section 302(a) of Public Law 104–182 shall remain in effect: Provided further, That notwithstanding section 603(d)(7) of the Act,

the limitation on the amounts in a State water pollution control

revolving fund that may be used by a State to administer the

fund shall not apply to amounts included as principal in loans

made by such fund in fiscal year 2004 and prior years where

such amounts represent costs of administering the fund to the

extent that such amounts are or were deemed reasonable by the

Administrator, accounted for separately from other assets in the

fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2004, and notwithstanding section 518(f) of the Act, the Administrator is authorized

to use the amounts appropriated for any fiscal year under section

319 of that Act to make grants to Indian tribes pursuant to sections

319(h) and 518(e) of that Act: Provided further, That for fiscal

year 2004, notwithstanding the limitation on amounts in section

518(c) of the Act, up to a total of 11⁄2 percent of the funds appropriated for State Revolving Funds under title VI of that Act may

be reserved by the Administrator for grants under section 518(c)

of such Act: Provided further, That no funds provided by this

legislation to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the

United States-Mexico border shall be made available to a county

33 USC 1377

note.

42 USC 300j–12

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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, Mississippi’’: Provided

further, That notwithstanding any other provision of law, the

Administrator of the Environmental Protection Agency shall certify

grant amendments for grant number C34–0714–03.

ADMINISTRATIVE PROVISIONS

For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and

6305(1), the Administrator of the Environmental Protection Agency,

in carrying out the Agency’s function to implement directly Federal

Certification.

118 STAT. 408 PUBLIC LAW 108–199—JAN. 23, 2004

environmental programs required or authorized by law in the

absence of an acceptable tribal program, may award cooperative

agreements to federally-recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian

Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State

financial assistance agreements.

The Administrator of the Environmental Protection Agency is

authorized to collect and obligate pesticide registration service fees

in accordance with section 33 of the Federal Insecticide, Fungicide,

and Rodenticide Act (as added by subsection (f)(2) of the Pesticide

Registration Improvement Act of 2003).

Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated

funds for fiscal year 2004 may be used to award grants or loans

under section 104(k) of CERCLA to eligible entities that satisfy

all of the elements set forth in CERCLA section 101(40) to qualify

as a bona fide prospective purchaser except that the date of acquisition of the property was prior to the date of enactment of the

Small Business Liability Relief and Brownfield Revitalization Act

of 2001.

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology

Policy, in carrying out the purposes of the National Science and

Technology Policy, Organization, and Priorities Act of 1976 (42

U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for

official reception and representation expenses, and rental of conference rooms in the District of Columbia, $7,027,000.

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the

Council on Environmental Quality and Office of Environmental

Quality pursuant to the National Environmental Policy Act of 1969,

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official

reception and representation expenses, $3,238,000: Provided, That

notwithstanding section 202 of the National Environmental Policy

Act of 1970, the Council shall consist of one member, appointed

by the President, by and with the advice and consent of the Senate,

serving as chairman and exercising all powers, functions, and duties

of the Council.

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, $30,125,000, to be derived from the Bank Insurance

Fund, the Savings Association Insurance Fund, and the FSLIC

Resolution Fund.

42 USC 4342

note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 409

GENERAL SERVICES ADMINISTRATION

FEDERAL CITIZEN INFORMATION CENTER FUND

For necessary expenses of the Federal Citizen Information

Center, including services authorized by 5 U.S.C. 3109, $14,000,000,

to be deposited into the Federal Citizen Information Center Fund:

Provided, That the appropriations, revenues, and collections deposited into the Fund shall be available for necessary expenses of

Federal Citizen Information Center activities in the aggregate

amount not to exceed $21,000,000. Appropriations, revenues, and

collections accruing to this Fund during fiscal year 2004 in excess

of $21,000,000 shall remain in the Fund and shall not be available

for expenditure except as authorized in appropriations Acts.

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference

rooms in the District of Columbia, and the employment of experts

and consultants under section 3109 of title 5, United States Code)

of the Interagency Council on the Homeless in carrying out the

functions pursuant to title II of the McKinney-Vento Homeless

Assistance Act, as amended, $1,500,000.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SPACE FLIGHT CAPABILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the

conduct and support of space flight capabilities research and

development activities, including research, development, operations,

support and services; maintenance; construction of facilities

including repair, rehabilitation, revitalization and modification of

facilities, construction of new facilities and additions to existing

facilities, facility planning and design, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services;

program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–

5902; travel expenses; purchase and hire of passenger motor

vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $7,512,100,000, to

remain available until September 30, 2005, of which $15,000,000

of amounts for the Space Shuttle Life Extension Program shall

be for the development and independent assessment of concepts

to increase Space Shuttle crew survivability for crew sizes of 4

to 7 astronauts, and of which amounts as determined by the

Administrator for salaries and benefits; training, travel and awards;

facility and related costs; information technology services; science,

118 STAT. 410 PUBLIC LAW 108–199—JAN. 23, 2004

engineering, fabricating and testing services; and other administrative services may be transferred to ‘‘Science, aeronautics and exploration’’ in accordance with section 312(b) of the National Aeronautics and Space Act of 1958, as amended by Public Law 106–

377.

SCIENCE, AERONAUTICS AND EXPLORATION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the

conduct and support of science, aeronautics and exploration research

and development activities, including research, development, operations, support and services; maintenance; construction of facilities

including repair, rehabilitation, revitalization, and modification of

facilities, construction of new facilities and additions to existing

facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control

and communications activities including operations, production, and

services; program management; personnel and related costs,

including uniforms or allowances therefor, as authorized by 5 U.S.C.

5901–5902; travel expenses; purchase and hire of passenger motor

vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $7,929,900,000, to

remain available until September 30, 2005, of which amounts as

determined by the Administrator for salaries and benefits; training,

travel and awards; facility and related costs; information technology

services; science, engineering, fabricating and testing services; and

other administrative services may be transferred to ‘‘Space flight

capabilities’’ in accordance with section 312(b) of the National Aeronautics and Space Act of 1958, as amended by Public Law 106–

377.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in

carrying out the Inspector General Act of 1978, as amended,

$27,300,000.

ADMINISTRATIVE PROVISIONS

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Science, aeronautics and exploration’’, or ‘‘Space

flight capabilities’’ by this appropriations Act, when any activity

has been initiated by the incurrence of obligations for construction

of facilities or environmental compliance and restoration activities

as authorized by law, such amount available for such activity shall

remain available until expended. This provision does not apply

to the amounts appropriated for institutional minor revitalization

and construction of facilities, and institutional facility planning

and design.

Notwithstanding the limitation on the availability of funds

appropriated for ‘‘Science, aeronautics and exploration’’, or ‘‘Space

flight capabilities’’ by this appropriations Act, the amounts appropriated for construction of facilities shall remain available until

September 30, 2006.

PUBLIC LAW 108–199—JAN. 23, 2004 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

CENTRAL LIQUIDITY FACILITY

During fiscal year 2004, gross obligations of the Central

Liquidity Facility for the principal amount of new direct loans

to member credit unions, as authorized by 12 U.S.C. 1795 et seq.,

shall not exceed $1,500,000,000: Provided, That administrative

expenses of the Central Liquidity Facility in fiscal year 2004 shall

not exceed $310,000.

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,200,000

shall be available: Provided, That of this amount $200,000, together

with amounts of principal and interest on loans repaid, is available

until expended for loans to community development credit unions,

and $1,000,000 is available until September 30, 2004 for technical

assistance to low-income and community development credit unions.

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and

the Act to establish a National Medal of Science (42 U.S.C. 1880–

1881); services as authorized by 5 U.S.C. 3109; maintenance and

operation of aircraft and purchase of flight services for research

support; acquisition of aircraft; and authorized travel;

$4,276,600,000, of which not to exceed $345,000,000 shall remain

available until expended for Polar research and operations support,

and for reimbursement to other Federal agencies for operational

and science support and logistical and other related activities for

the United States Antarctic program; the balance to remain available until September 30, 2005: Provided, That receipts for scientific

support services and materials furnished by the National Research

Centers and other National Science Foundation supported research

facilities may be credited to this appropriation: Provided further,

That to the extent that the amount appropriated is less than

the total amount authorized to be appropriated for included program

activities, all amounts, including floors and ceilings, specified in

118 STAT. 412 PUBLIC LAW 108–199—JAN. 23, 2004

the authorizing Act for those program activities or their subactivities shall be reduced proportionally: Provided further, That

$90,000,000 of the funds available under this heading shall be

made available for a comprehensive research initiative on plant

genomes for economically significant crops.

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction,

commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science

Foundation Act of 1950, as amended, including authorized travel,

$155,900,000, to remain available until expended.

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering

education and human resources programs and activities pursuant

to the National Science Foundation Act of 1950, as amended (42

U.S.C. 1861–1875), including services as authorized by 5 U.S.C.

3109, authorized travel, and rental of conference rooms in the

District of Columbia, $944,550,000, to remain available until September 30, 2005: Provided, That to the extent that the amount

of this appropriation is less than the total amount authorized to

be appropriated for included program activities, all amounts,

including floors and ceilings, specified in the authorizing Act for

those program activities or their subactivities shall be reduced

proportionally.

SALARIES AND EXPENSES

For salaries and expenses necessary in carrying out the

National Science Foundation Act of 1950, as amended (42 U.S.C.

1861–1875); services authorized by 5 U.S.C. 3109; hire of passenger

motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized

by 5 U.S.C. 5901–5902; rental of conference rooms in the District

of Columbia; and reimbursement of the General Services Administration for security guard services; $220,000,000: Provided, That

contracts may be entered into under ‘‘Salaries and expenses’’ in

fiscal year 2004 for maintenance and operation of facilities, and

for other services, to be provided during the next fiscal year.

OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference

rooms in the District of Columbia, and the employment of experts

and consultants under section 3109 of title 5, United States Code)

involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42

U.S.C. 1880 et seq.), $3,900,000: Provided, That not more than

$9,000 shall be available for official reception and representation

expenses.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 413

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as

authorized by the Inspector General Act of 1978, as amended,

$10,000,000, to remain available until September 30, 2005.

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation

for use in neighborhood reinvestment activities, as authorized by

the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–

8107), $115,000,000, of which $5,000,000 shall be for a multi-family

rental housing program.

ADMINISTRATIVE PROVISION

Section 605(a) of the Neighborhood Reinvestment Corporation

Act (42 U.S.C. 8104) is amended by—

(1) striking out ‘‘compensation’’ and inserting ‘‘salary’’; and

striking out ‘‘highest rate provided for GS–18 of the General

Schedule under section 5332 of title 5 United States Code’’;

and inserting ‘‘rate for level IV of the Executive Schedule’’;

and

(2) inserting after the end the following sentence: ‘‘The

Corporation shall also apply the provisions of section 5307(a)(1),

(b)(1) and (b)(2) of title 5, United States Code, governing limitations on certain pay as if its employees were Federal employees

receiving payments under title 5.’’.

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System,

including expenses of attendance at meetings and of training for

uniformed personnel assigned to the Selective Service System, as

authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase

of uniforms, or allowances therefor, as authorized by 5 U.S.C.

5901–5902; hire of passenger motor vehicles; services as authorized

by 5 U.S.C. 3109; and not to exceed $750 for official reception

and representation expenses; $26,308,000: Provided, That during

the current fiscal year, the President may exempt this appropriation

from the provisions of 31 U.S.C. 1341, whenever the President

deems such action to be necessary in the interest of national

defense: Provided further, That none of the funds appropriated

by this Act may be expended for or in connection with the induction

of any person into the Armed Forces of the United States.

TITLE IV—GENERAL PROVISIONS

SEC. 401. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 402. No funds appropriated by this Act may be expended—

(1) pursuant to a certification of an officer or employee

of the United States unless—

118 STAT. 414 PUBLIC LAW 108–199—JAN. 23, 2004

(A) such certification is accompanied by, or is part

of, a voucher or abstract which describes the payee or

payees and the items or services for which such expenditure

is being made; or

(B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and

(2) unless such expenditure is subject to audit by the General Accounting Officer or is specifically exempt by law from

such audit.

SEC. 403. None of the funds provided in this Act to any department or agency may be obligated or expended for: (1) the transportation of any officer or employee of such department or agency

between the domicile and the place of employment of the officer

or employee, with the exception of an officer or employee authorized

such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905; or

(2) to provide a cook, chauffeur, or other personal servants to

any officer or employee of such department or agency.

SEC. 404. None of the funds provided in this Act may be

used for payment, through grants or contracts, to recipients that

do not share in the cost of conducting research resulting from

proposals not specifically solicited by the Government: Provided,

That the extent of cost sharing by the recipient shall reflect the

mutuality of interest of the grantee or contractor and the Government in the research.

SEC. 405. None of the funds provided in this Act may be

used, directly or through grants, to pay or to provide reimbursement

for payment of the salary of a consultant (whether retained by

the Federal Government or a grantee) at more than the daily

equivalent of the rate paid for level IV of the Executive Schedule,

unless specifically authorized by law.

SEC. 406. None of the funds provided in this Act may be

used to pay the expenses of, or otherwise compensate, non-Federal

parties intervening in regulatory or adjudicatory proceedings.

Nothing herein affects the authority of the Consumer Product Safety

Commission pursuant to section 7 of the Consumer Product Safety

Act (15 U.S.C. 2056 et seq.).

SEC. 407. Except as otherwise provided under existing law,

or under an existing Executive order issued pursuant to an existing

law, the obligation or expenditure of any appropriation under this

Act for contracts for any consulting service shall be limited to

contracts which are: (1) a matter of public record and available

for public inspection; and (2) thereafter included in a publicly available list of all contracts entered into within 24 months prior to

the date on which the list is made available to the public and

of all contracts on which performance has not been completed

by such date. The list required by the preceding sentence shall

be updated quarterly and shall include a narrative description

of the work to be performed under each such contract.

SEC. 408. None of the funds appropriated in this Act may

be used to implement any cap on reimbursements to grantees

for indirect costs, except as published in Office of Management

and Budget Circular A–21.

SEC. 409. Such sums as may be necessary for fiscal year 2004

pay raises for programs funded by this Act shall be absorbed within

the levels appropriated in this Act.

Contracts.

Public

information.

Records.

PUBLIC LAW 108–199—JAN. 23, 2004 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. Except in the case of entities that are funded solely

with Federal funds or any natural persons that are funded under

this Act, none of the funds in this Act shall be used for the

planning or execution of any program to pay the expenses of,

or otherwise compensate, non-Federal parties to lobby or litigate

in respect to adjudicatory proceedings funded in this Act. A chief

executive officer of any entity receiving funds under this Act shall

certify that none of these funds have been used to engage in

the lobbying of the Federal Government or in litigation against

the United States unless authorized under existing law.

SEC. 413. No part of any funds appropriated in this Act shall

be used by an agency of the executive branch, other than for

normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution

or use of any kit, pamphlet, booklet, publication, radio, television

or film presentation designed to support or defeat legislation

pending before the Congress, except in presentation to the Congress

itself.

SEC. 414. All departments and agencies funded under this

Act are encouraged, within the limits of the existing statutory

authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices

and public service activities.

SEC. 415. None of the funds made available in this Act may

be transferred to any department, agency, or instrumentality of

the United States Government except pursuant to a transfer made

by, or transfer authority provided in, this Act or any other appropriation Act.

SEC. 416. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger

automobiles as defined in 15 U.S.C. 2001 with an EPA estimated

miles per gallon average of less than 22 miles per gallon.

SEC. 417. Section 312 of the National Aeronautics and Space

Administration Act of 1958, as amended, is further amended—

(1) by striking the second Sec. ‘‘312’’ and inserting ‘‘313’’;

(2) by inserting the title, ‘‘Full Cost Appropriations Account

Structure’’, before Sec. 313;

(3) in subsection (a)—

(A) by striking ‘‘Human space flight’’ and inserting

‘‘Space flight capabilities’’;

(B) by striking ‘‘technology’’ and inserting ‘‘exploration’’; and

(C) by striking ‘‘2002’’ and inserting ‘‘2004’’; and

42 USC 2459f.

Certification.

Lobbying.

118 STAT. 416 PUBLIC LAW 108–199—JAN. 23, 2004

(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

PUBLIC LAW 108–199—JAN. 23, 2004 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 PM2.5 AND SUBMISSION

OF IMPLEMENTATION PLANS FOR REGIONAL HAZE. (a) IN GENERAL.—

Section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) is amended

by adding at the end the following:

‘‘(6) DESIGNATIONS.—

‘‘(A) SUBMISSION.—Notwithstanding any other provision of law, not later than February 15, 2004, the Governor

of each State shall submit designations referred to in paragraph (1) for the July 1997 PM2.5 national ambient air

quality standards for each area within the State, based

on air quality monitoring data collected in accordance with

any applicable Federal reference methods for the relevant

areas.

‘‘(B) PROMULGATION.—Notwithstanding any other

provision of law, not later than December 31, 2004, the

Administrator shall, consistent with paragraph (1), promulgate the designations referred to in subparagraph (A) for

each area of each State for the July 1997 PM2.5 national

ambient air quality standards.

‘‘(7) IMPLEMENTATION PLAN FOR REGIONAL HAZE.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, not later than 3 years after the date on which

the Administrator promulgates the designations referred

to in paragraph (6)(B) for a State, the State shall submit,

for the entire State, the State implementation plan revisions to meet the requirements promulgated by the

Administrator under section 169B(e)(1) (referred to in this

paragraph as ‘regional haze requirements’).

‘‘(B) NO PRECLUSION OF OTHER PROVISIONS.—Nothing

in this paragraph precludes the implementation of the

agreements and recommendations stemming from the

Grand Canyon Visibility Transport Commission Report

dated June 1996, including the submission of State

implementation plan revisions by the States of Arizona,

California, Colorado, Idaho, Nevada, New Mexico, Oregon,

Utah, or Wyoming by December 31, 2003, for implementation of regional haze requirements applicable to those

States.’’.

(b) RELATIONSHIP TO TRANSPORTATION EQUITY ACT FOR THE

21ST CENTURY.—Except as provided in paragraphs (6) and (7) of

section 107(d) of the Clean Air Act (as added by subsection (a)),

section 6101, subsections (a) and (b) of section 6102, and section

6103 of the Transportation Equity Act for the 21st Century (42

U.S.C. 7407 note; 112 Stat. 463), as in effect on the day before

the date of enactment of this Act, shall remain in effect.

SEC. 426. (a) TREATMENT OF PIONEER HOMES IN ALASKA AS

STATE HOME FOR VETERANS.—The Secretary of Veterans Affairs

may—

42 USC 7407

note.

Deadlines.

Intergovernmental

relations.

118 STAT. 418 PUBLIC LAW 108–199—JAN. 23, 2004

(1) treat the Pioneer Homes in the State of Alaska collectively as a single State home for veterans for purposes of

section 1741 of title 38, United States Code; and

(2) make per diem payments to the State of Alaska for

care provided to veterans in the Pioneer Homes in accordance

with the provisions of that section.

(b) TREATMENT NOTWITHSTANDING NON-VETERAN RESIDENCY.— The Secretary may treat the Pioneer Homes as a State home

under subsection (a) notwithstanding the residency of non-veterans

in one or more of the Pioneer Homes.

(c) PIONEER HOMES DEFINED.—In this section, the term ‘‘Pioneer Homes’’ means the six regional homes in the State of Alaska

known as Pioneer Homes, which are located in the following:

(1) Anchorage, Alaska.

(2) Fairbanks, Alaska.

(3) Juneau, Alaska.

(4) Ketchikan, Alaska.

(5) Palmer, Alaska.

(6) Sitka, Alaska.

(d) LIMITATION.—The number of beds occupied by veterans

collectively in the six Pioneer Homes listed under subsection (c)

for which per diem would be paid under this authority shall not

exceed the number of veterans in State beds that otherwise would

be permitted in Alaska under the Department of Veterans Affairs

State home regulations governing the number of beds per veteran

population.

SEC. 427. Of the amounts available to the National Aeronautics

and Space Administration, such sums as maybe necessary for the

benefit of the families of the astronauts who died on board the

Space Shuttle Columbia on February 1, 2003, are available under

the terms of section 203(c)(13) of the National Aeronautics and

Space Act of 1958, as amended, independent of the limitations

established therein.

SEC. 428. REGULATION OF SMALL ENGINES. (a) In considering

any request from California to authorize the State to adopt or

enforce standards of other requirements relating to the control

of emissions from new non-road spark-ignition engines smaller than

50 horsepower, the Administrator shall give appropriate consideration to safety factors (including the potential increased risk of

burn or fire) associated with compliance with the California

standard.

(b) Not later than December 1, 2004, the Administrator of

the Environmental Protection Agency shall propose regulations

under the Clean Air Act that shall contain standards to reduce

emissions from new nonroad spark-ignition engines smaller than

50 horsepower. Not later than December 31, 2005, the Administrator shall publish in the Federal Register final regulations containing such standards.

(c) No State or any political subdivision thereof may adopt

or attempt to enforce any standard or other requirement applicable

to spark ignition engines smaller than 50 horsepower.

(d) EXCEPTION FOR CALIFORNIA.—The prohibition in subsection

(e) does not apply to or restrict in any way the authority granted

to California under section 209(e) of the Clean Air Act (42 U.S.C.

7543(e)).

(e) EXCEPTION FOR OTHER STATES.—The prohibition in subsection (c) does not apply to or restrict the authority of any State

Federal Register,

publication.

Deadlines.

42 USC 7547

note.

California.

Space Shuttle

Columbia.

PUBLIC LAW 108–199—JAN. 23, 2004 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. PESTICIDE REGISTRATION. (a) SHORT TITLE.—This section may be cited as the ‘‘Pesticide

Registration Improvement Act of 2003’’.

(b) REGISTRATION REQUIREMENTS FOR ANTIMICROBIAL PES- TICIDES.—Section 3(h) of the Federal Insecticide, Fungicide, and

Rodenticide Act (7 U.S.C. 136a(h)) is amended—

(1) in paragraph (2)(F), by striking ‘‘90 to 180 days’’ and

inserting ‘‘120 days’’; and

(2) in paragraph (3)—

(A) in subparagraph (D)(vi), by striking ‘‘240 days’’

and inserting ‘‘120 days’’; and

(B) in subparagraph (F), by adding at the end the

following:

‘‘(iv) LIMITATION.—Notwithstanding clause (ii), the

failure of the Administrator to notify an applicant for

an amendment to a registration for an antimicrobial

pesticide shall not be judicially reviewable in a Federal

or State court if the amendment requires scientific

review of data within—

‘‘(I) the time period specified in subparagraph

(D)(vi), in the absence of a final regulation under

subparagraph (B); or

‘‘(II) the time period specified in paragraph

(2)(F), if adopted in a final regulation under

subparagraph (B).’’.

(c) MAINTENANCE FEES.—

(1) AMOUNTS FOR REGISTRANTS.—Section 4(i)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–

1(i)(5)) is amended—

(A) in subparagraph (A)—

(i) by striking ‘‘(A) Subject’’ and inserting the following:

‘‘(A) IN GENERAL.—Subject’’; and

(ii) by striking ‘‘of—’’ and all that follows through

‘‘additional registration’’ and inserting ‘‘for each registration’’;

(B) in subparagraph (D)—

(i) by striking ‘‘(D) The’’ and inserting the following:

‘‘(D) MAXIMUM AMOUNT OF FEES FOR REGISTRANTS.—

The’’;

(ii) in clause (i), by striking ‘‘shall be $55,000;

and’’ and inserting ‘‘shall be—

‘‘(I) for fiscal year 2004, $84,000;

‘‘(II) for each of fiscal years 2005 and 2006, $87,000;

‘‘(III) for fiscal year 2007, $68,000; and

‘‘(IV) for fiscal year 2008, $55,000; and’’; and

(iii) in clause (ii), by striking ‘‘shall be $95,000.’’

and inserting ‘‘shall be—

‘‘(I) for fiscal year 2004, $145,000;

7 USC 136 note.

Pesticide

Registration

Improvement Act

of 2003.

118 STAT. 420 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(II) for each of fiscal years 2005 and 2006, $151,000;

‘‘(III) for fiscal year 2007, $117,000; and

‘‘(IV) for fiscal year 2008, $95,000.’’; and

(C) in subparagraph (E)—

(i) by striking ‘‘(E)(i) For’’ and inserting the following:

‘‘(E) MAXIMUM AMOUNT OF FEES FOR SMALL

BUSINESSES.— ‘‘(i) IN GENERAL.—For’’;

(ii) by indenting the margins of subclauses (I) and

(II) of clause (i) appropriately; and

(iii) in clause (i)—

(I) subclause (I), by striking ‘‘shall be $38,500;

and’’ and inserting ‘‘shall be— ‘‘(aa) for fiscal year 2004, $59,000;

‘‘(bb) for each of fiscal years 2005 and 2006, $61,000;

‘‘(cc) for fiscal year 2007, $48,000; and

‘‘(dd) for fiscal year 2008, $38,500; and’’;

and

(II) in subclause (II), by striking ‘‘shall be $66,500.’’ and inserting ‘‘shall be— ‘‘(aa) for fiscal year 2004, $102,000;

‘‘(bb) for each of fiscal years 2005 and 2006, $106,000;

‘‘(cc) for fiscal year 2007, $82,000; and

‘‘(dd) for fiscal year 2008, $66,500.’’.

(2) TOTAL AMOUNT OF FEES.—Section 4(i)(5)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.

136(a)–1(i)(5)(C)) is amended—

(A) by striking ‘‘(C)(i) The’’ and inserting the following:

‘‘(C) TOTAL AMOUNT OF FEES.—The’’; and

(B) by striking ‘‘aggregate amount’’ and all that follows

through clause (ii) and inserting ‘‘aggregate amount of— ‘‘(i) for fiscal year 2004, $26,000,000;

‘‘(ii) for fiscal year 2005, $27,000,000;

‘‘(iii) for fiscal year 2006, $27,000,000;

‘‘(iv) for fiscal year 2007, $21,000,000; and

‘‘(v) for fiscal year 2008, $15,000,000.’’.

(3) DEFINITION OF SMALL BUSINESS.—Section 4(i)(5)(E)(ii)

of the Federal Insecticide, Fungicide, and Rodenticide Act (7

U.S.C. 136a–1(i)(5)(E)(ii)) is amended—

(A) by redesignating subclauses (I) and (II) as items

(aa) and (bb), respectively, and indenting the margins

appropriately;

(B) by striking ‘‘(ii) For purposes of’’ and inserting

the following:

‘‘(ii) DEFINITION OF SMALL BUSINESS.—

‘‘(I) IN GENERAL.—In’’;

(C) in item (aa) (as so redesignated), by striking ‘‘150’’

and inserting ‘‘500’’;

(D) in item (bb) (as so redesignated), by striking ‘‘gross

revenue from chemicals that did not exceed $40,000,000.’’

and inserting ‘‘global gross revenue from pesticides that

did not exceed $60,000,000.’’; and

(E) by adding at the end the following:

7 USC 136a–1.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 422 PUBLIC LAW 108–199—JAN. 23, 2004

(C) in subparagraph (D)—

(i) by striking ‘‘(D) If’’ and inserting the following:

‘‘(D) DETERMINATION TO NOT REREGISTER.—

‘‘(i) IN GENERAL.—If’’; and

(ii) by adding at the end the following:

‘‘(ii) TIMING FOR REGULATORY ACTION.—Regulatory

action under clause (i) shall be completed as expeditiously as possible.’’.

(d) OTHER FEES.— (1) IN GENERAL.—Section 4(i)(6) of the Federal Insecticide,

Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(6)) is

amended—

(A) by striking ‘‘During’’ and inserting ‘‘Except as provided in section 33, during’’; and

(B) by striking ‘‘2003’’ and inserting ‘‘2010’’.

(2) TOLERANCE FEES.—Notwithstanding section 408(m)(1)

of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

346a(m)(1)), during the period beginning on October 1, 2003,

and ending on September 30, 2008, the Administrator of the

Environmental Protection Agency shall not collect any tolerance

fees under that section.

(e) EXPEDITED PROCESSING OF SIMILAR APPLICATIONS.—Section

4(k)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act

(7 U.S.C. 136a–1(k)(3)) is amended—

(1) in the paragraph heading, by striking ‘‘EXPEDITED’’ and

inserting ‘‘REVIEW OF INERT INGREDIENTS; EXPEDITED’’; and

(2) in subparagraph (A)—

(A) by striking ‘‘1997’’ and all that follows through

‘‘of the maintenance fees’’ and inserting ‘‘2004 through

2006, approximately $3,300,000, and for each of fiscal years

2007 and 2008, between 1⁄8 and 1⁄7, of the maintenance

fees’’;

(B) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II) and (III), respectively, and indenting appropriately; and

(C) by striking ‘‘resources to assure the expedited processing and review of any application that’’ and inserting

‘‘resources—

‘‘(i) to review and evaluate new inert ingredients;

and

‘‘(ii) to ensure the expedited processing and review

of any application

that—’’.

(f) PESTICIDE REGISTRATION SERVICE FEES.—The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is

amended—

(1) by redesignating sections 33 and 34 (7 U.S.C. 136x,

136y) as sections 34 and 35, respectively; and

(2) by inserting after section 32 (7 U.S.C. 136w–7) the

following:

‘‘SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.

‘‘(a) DEFINITION OF COSTS.—In this section, the term ‘costs’,

when used with respect to review and decisionmaking pertaining

to an application for which registration service fees are paid under

this section, means—

‘‘(1) costs to the extent that—

7 USC 136w–8.

Effective date.

Termination

date.

21 USC 346a

note.

PUBLIC LAW 108–199—JAN. 23, 2004 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 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 REGISTRA- TION SERVICE FEES.—

Effective date.

118 STAT. 424 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(A) IN GENERAL.—Not later than 30 days after the

effective date of the Pesticide Registration Improvement

Act of 2003, the Administrator shall publish in the Federal

Register a schedule of covered pesticide registration

applications and corresponding registration service fees.

‘‘(B) REPORT.—Subject to paragraph (6), the schedule

shall be the same as the applicable schedule appearing

in the Congressional Record on pages S11631 through

S11633, dated September 17, 2003.

‘‘(4) PENDING PESTICIDE REGISTRATION APPLICATIONS.— ‘‘(A) IN GENERAL.—An applicant that submitted a registration application to the Administrator before the effective date of the Pesticide Registration Improvement Act

of 2003, but that is not required to pay a registration

service fee under paragraph (2)(B), may, on a voluntary

basis, pay a registration service fee in accordance with

paragraph (2)(B).

‘‘(B) VOLUNTARY FEE.—The Administrator may not

compel payment of a registration service fee for an application described in subparagraph (A).

‘‘(C) DOCUMENTATION.—An application for which a voluntary registration service fee is paid under this paragraph

shall be submitted with documentation certifying—

‘‘(i) payment of the registration service fee; or

‘‘(ii) a request for a waiver from or reduction of

the registration service fee.

‘‘(5) RESUBMISSION OF PESTICIDE REGISTRATION APPLICATIONS.—If a pesticide registration application is submitted by

a person that paid the fee for the application under paragraph

(2), is determined by the Administrator to be complete, and

is not approved or is withdrawn (without a waiver or refund),

the submission of the same pesticide registration application

by the same person (or a licensee, assignee, or successor of

the person) shall not be subject to a fee under paragraph

(2).

‘‘(6) FEE ADJUSTMENT.—Effective for a covered pesticide

registration application received on or after October 1, 2005,

the Administrator shall—

‘‘(A) increase by 5 percent the service fee payable for

the application under paragraph (3); and

‘‘(B) publish in the Federal Register the revised registration service fee schedule.

‘‘(7) WAIVERS AND REDUCTIONS.—

‘‘(A) IN GENERAL.—An applicant for a covered pesticide

registration may request the Administrator to waive or

reduce the amount of a registration service fee payable

under this section under the circumstances described in

subparagraphs (D) through (G).

‘‘(B) DOCUMENTATION.—

‘‘(i) IN GENERAL.—A request for a waiver from or

reduction of the registration service fee shall be accompanied by appropriate documentation demonstrating

the basis for the waiver or reduction.

‘‘(ii) CERTIFICATION.—The applicant shall provide

to the Administrator a written certification, signed by

a responsible officer, that the documentation submitted

to support the waiver or reduction request is accurate.

Federal Register,

publication.

Deadline.

Federal Register,

publication.

PUBLIC LAW 108–199—JAN. 23, 2004 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) DETERMINATION TO GRANT OR DENY REQUEST.—

As soon as practicable, but not later than 60 days, after

the date on which the Administrator receives a request

for a waiver or reduction of a registration service fee under

this paragraph, the Administrator shall—

‘‘(i) determine whether to grant or deny the

request; and

‘‘(ii) notify the applicant of the determination.

‘‘(D) MINOR USES.—

‘‘(i) IN GENERAL.—The Administrator may waive

or reduce a registration service fee for an application

for minor uses for a pesticide.

‘‘(ii) SUPPORTING DOCUMENTATION.—An applicant

requesting a waiver under this subparagraph shall

provide supporting documentation that demonstrates,

to the satisfaction of the Administrator, that anticipated revenues from the uses that are the subject

of the application would be insufficient to justify

imposition of the full application fee.

‘‘(E) IR–4 WAIVER.—The Administrator shall waive the

registration service fee for an application if the Administrator determines that—

‘‘(i) the application is solely associated with a tolerance petition submitted in connection with the InterRegional Project Number 4 (IR–4) as described in section 2 of Public Law 89–106 (7 U.S.C. 450i(e)); and

‘‘(ii) the waiver is in the public interest.

‘‘(F) SMALL BUSINESSES.—

‘‘(i) IN GENERAL.—The Administrator shall waive

50 percent of the registration service fees payable by

an entity for a covered pesticide registration application under this section if the entity is a small business

(as defined in section 4(i)(5)(E)(ii)) at the time of

application.

‘‘(ii) WAIVER OF FEES.—The Administrator shall

waive all of the registration service fees payable by

an entity under this section if the entity—

‘‘(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.

Notification.

Deadline.

118 STAT. 426 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(iv) DOCUMENTATION.—An entity requesting a

waiver under this subparagraph shall provide to the

Administrator—

‘‘(I) documentation demonstrating that the

entity is a small business (as defined in section

4(i)(5)(E)(ii)) at the time of application; and

‘‘(II) if the entity is requesting a waiver of

all registration service fees payable under this section, documentation demonstrating that the entity

has an average annual global gross revenues

described in section 4(i)(5)(E)(ii)(I)(bb) that does

not exceed $10,000,000, at the time of application.

‘‘(G) FEDERAL AND STATE AGENCY EXEMPTIONS.—An

agency of the Federal Government or a State government

shall be exempt from covered registration service fees under

this section.

‘‘(8) REFUNDS.—

‘‘(A) EARLY WITHDRAWALS.—If, during the first 60 days

after the beginning of the applicable decision time review

period under subsection (f)(3), a covered pesticide registration application is withdrawn by the applicant, the

Administrator shall refund all but 10 percent of the total

registration service fee payable under paragraph (3) for

the application.

‘‘(B) WITHDRAWALS AFTER THE FIRST 60 DAYS OF DECISION REVIEW TIME PERIOD.—

‘‘(i) IN GENERAL.—If a covered pesticide registration application is withdrawn after the first 60 days

of the applicable decision time review period, the

Administrator shall determine what portion, if any,

of the total registration service fee payable under paragraph (3) for the application may be refunded based

on the proportion of the work completed at the time

of withdrawal.

‘‘(ii) TIMING.—The Administrator shall—

‘‘(I) make the determination described in

clause (i) not later than 90 days after the date

the application is withdrawn; and

‘‘(II) provide any refund as soon as practicable

after the determination.

‘‘(C) DISCRETIONARY REFUNDS.—

‘‘(i) IN GENERAL.—In the case of a pesticide registration application that has been filed with the

Administrator and has not been withdrawn by the

applicant, but for which the Administrator has not

yet made a final determination, the Administrator may

refund a portion of a covered registration service fee

if the Administrator determines that the refund is

justified.

‘‘(ii) BASIS.—The Administrator may provide a

refund for an application under this subparagraph—

‘‘(I) on the basis that, in reviewing the application, the Administrator has considered data submitted in support of another pesticide registration

application; or

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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.—

118 STAT. 428 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(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.—

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 429

‘‘(1) IN GENERAL.—Not later than 30 days after the effective

date of the Pesticide Registration Improvement Act of 2003,

the Administrator shall publish in the Federal Register a

schedule of decision review periods for covered pesticide registration actions and corresponding registration service fees

under this Act.

‘‘(2) REPORT.—The schedule shall be the same as the

applicable schedule appearing in the Congressional Record on

pages S11631 through S11633, dated September 17, 2003.

‘‘(3) APPLICATIONS SUBJECT TO DECISION TIME REVIEW

PERIODS.—The decision time review periods specified in paragraph (1) shall apply to—

‘‘(A) covered pesticide registration applications subject

to registration service fees under subsection (b)(2);

‘‘(B) covered pesticide registration applications for

which an applicant has voluntarily paid registration service

fees under subsection (b)(4); and

‘‘(C) covered pesticide registration applications listed

in the Registration Division 2003 Work Plan of the Office

of Pesticide Programs of the Environmental Protection

Agency.

‘‘(4) START OF DECISION TIME REVIEW PERIOD.—

‘‘(A) IN GENERAL.—Except as provided in subparagraphs (C), (D), and (E), in the case of a pesticide registration application accompanied by the registration service

fee required under this section, the decision time review

period begins 21 days after the date on which the Administrator receives the covered pesticide registration application.

‘‘(B) COMPLETENESS OF APPLICATION.—In conducting

an initial screening of an application, the Administrator

shall determine—

‘‘(i) whether—

‘‘(I) the applicable registration service fee has

been paid; or

‘‘(II) the application contains a waiver or

refund request; and

‘‘(ii) whether the application—

‘‘(I) contains all necessary forms, data, draft

labeling, and, documentation certifying payment

of any registration service fee required under this

section; or

‘‘(II) establishes a basis for any requested

waiver or reduction.

‘‘(C) APPLICATIONS WITH WAIVER OR REDUCTION

REQUESTS.—

‘‘(i) IN GENERAL.—In the case of an application

submitted with a request for a waiver or reduction

of registration service fees under subsection (b)(7), the

decision time review period shall be determined in

accordance with this subparagraph.

‘‘(ii) REQUEST GRANTED WITH NO ADDITIONAL FEES

REQUIRED.—If the Administrator grants the waiver or

reduction request and no additional fee is required,

the decision time review period begins on the earlier

of—

Applicability.

Deadline.

Federal Register,

publication.

118 STAT. 430 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(I) the date on which the Administrator

grants the request; or

‘‘(II) the date that is 60 days after the date

of receipt of the application.

‘‘(iii) REQUEST GRANTED WITH ADDITIONAL FEES

REQUIRED.—If the Administrator grants the waiver or

reduction request, in whole or in part, but an additional

registration service fee is required, the decision time

review period begins on the date on which the Administrator receives certification of payment of the

applicable registration service fee.

‘‘(iv) REQUEST DENIED.—If the Administrator

denies the waiver or reduction request, the decision

time review period begins on the date on which the

Administrator receives certification of payment of the

applicable registration service fee.

‘‘(D) PENDING APPLICATIONS.—

‘‘(i) IN GENERAL.—The start of the decision time

review period for applications described in clause (ii)

shall be the date on which the Administrator receives

certification of payment of the applicable registration

service fee.

‘‘(ii) APPLICATIONS.—Clause (i) applies to—

‘‘(I) covered pesticide registration applications

for which voluntary fees have been paid under

subsection (b)(4); and

‘‘(II) covered pesticide registration applications

received on or after the effective date of the Pesticide Registration Improvement Act of 2003 but

submitted without the applicable registration

service fee required under this section due to the

inability of the Administrator to assess fees under

subsection (d)(1).

‘‘(E) 2003 WORK PLAN.—In the case of a covered pesticide registration application listed in the Registration

Division 2003 Work Plan of the Office of Pesticide Programs

of the Environmental Protection Agency, the decision time

review period begins on the date that is 30 days after

the effective date of the Pesticide Registration Improvement

Act of 2003.

‘‘(5) EXTENSION OF DECISION TIME REVIEW PERIOD.—The

Administrator and the applicant may mutually agree in writing

to extend a decision time review period under this subsection.

‘‘(g) JUDICIAL REVIEW.—

‘‘(1) IN GENERAL.—Any applicant adversely affected by the

failure of the Administrator to make a determination on the

application of the applicant for registration of a new active

ingredient or new use for which a registration service fee is

paid under this section may obtain judicial review of the failure

solely under this section.

‘‘(2) SCOPE.— ‘‘(A) IN GENERAL.—In an action brought under this

subsection, the only issue on review is whether the

Administrator failed to make a determination on the

application specified in paragraph (1) by the end of the

applicable decision time review period required under subsection (f) for the application.

Effective date.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 432 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(B) report the findings and recommendations of the

audit to the Administrator and to the appropriate committees of Congress.

‘‘(j) PERSONNEL LEVELS.—All full-time equivalent positions supported by fees authorized and collected under this section shall

not be counted against the agency-wide personnel level goals of

the Environmental Protection Agency.

‘‘(k) REPORTS.—

‘‘(1) IN GENERAL.—Not later than March 1, 2005, and each

March 1 thereafter through March 1, 2009, the Administrator

shall publish an annual report describing actions taken under

this section.

‘‘(2) CONTENTS.—The report shall include—

‘‘(A) a review of the progress made in carrying out

each requirement of subsections (e) and (f), including—

‘‘(i) the number of applications reviewed, including

the decision times for each application specified in

subsection (f);

‘‘(ii) the number of actions pending in each category

of actions described in subsection (f)(3), as well as

the number of inert ingredients;

‘‘(iii) to the extent determined appropriate by the

Administrator and consistent with the authorities of

the Administrator and limitations on delegation of

functions by the Administrator, recommendations for—

‘‘(I) expanding the use of self-certification in

all appropriate areas of the registration process;

‘‘(II) providing for accreditation of outside

reviewers and the use of outside reviewers to conduct the review of major portions of applications;

and

‘‘(III) reviewing the scope of use of the notification process to cover broader categories of registration actions; and

‘‘(iv) the use of performance-based contracts, other

contracts, and procurement to ensure that—

‘‘(I) the goals of this Act for the timely review

of applications for registration are met; and

‘‘(II) the registration program is administered

in the most productive and cost effective manner

practicable;

‘‘(B) a description of the staffing and resources relating

to the costs associated with the review and decisionmaking

pertaining to applications; and

‘‘(C) a review of the progress in meeting the timeline

requirements of section 4(g).

‘‘(3) METHOD.—The Administrator shall publish a report

required by this subsection by such method as the Administrator determines to be the most effective for efficiently disseminating the report, including publication of the report on the

Internet site of the Environmental Protection Agency.

‘‘(l) SAVINGS CLAUSE.—Nothing in this section affects any other

duties, obligations, or authorities established by any other section

of this Act, including the right to judicial review of duties, obligations, or authorities established by any other section of this Act.

‘‘(m) TERMINATION OF EFFECTIVENESS.—

Deadlines.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 433

‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

the authority provided by this section terminates on September

30, 2008.

‘‘(2) PHASE OUT.— ‘‘(A) FISCAL YEAR 2009.—During fiscal year 2009, the

requirement to pay and collect registration service fees

applies, except that the level of registration service fees

payable under this section shall be reduced 40 percent

below the level in effect on September 30, 2008.

‘‘(B) FISCAL YEAR 2010.—During fiscal year 2010, the

requirement to pay and collect registration service fees

applies, except that the level of registration service fees

payable under this section shall be reduced 70 percent

below the level in effect on September 30, 2008.

‘‘(C) SEPTEMBER 30, 2010.—Effective September 30,

2010, the requirement to pay and collect registration

service fees terminates.

‘‘(D) DECISION REVIEW PERIODS.—

‘‘(i) PENDING APPLICATIONS.—In the case of an

application received under this section before September 30, 2008, the application shall be reviewed

in accordance with subsection (f).

‘‘(ii) NEW APPLICATIONS.—In the case of an application received under this section on or after September

30, 2008, subsection (f) shall not apply to the application.’’.

(g) CONFORMING AMENDMENTS.—The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide

Act (7 U.S.C. prec. 136) is amended—

(1) by striking the item relating to section 4(k)(3) and

inserting the following:

‘‘(3) Review of inert ingredients; expedited processing of similar applications.’’;

and

(2) by striking the items relating to sections 30 and 31

and inserting the following:

‘‘Sec. 30. Minimum requirements for training of maintenance applicators and service

technicians.

‘‘Sec. 31. Environmental Protection Agency minor use program.

‘‘Sec. 32. Department of Agriculture minor use program.

‘‘(a) In general.

‘‘(b)(1) Minor use pesticide data.

‘‘(2) Minor Use Pesticide Data Revolving Fund.

‘‘Sec. 33. Pesticide registration service fees.

‘‘(a) Definition of costs.

‘‘(b) Fees.

‘‘(1) In general.

‘‘(2) Covered pesticide registration applications.

‘‘(3) Schedule of covered applications and registration service fees.

‘‘(4) Pending pesticide registration applications.

‘‘(5) Resubmission of pesticide registration applications.

‘‘(6) Fee adjustment.

‘‘(7) Waivers and reductions.

‘‘(8) Refunds.

‘‘(c) Pesticide Registration Fund.

‘‘(1) Establishment.

‘‘(2) Transfers to Fund.

‘‘(3) Expenditures from Fund.

‘‘(4) Collections and appropriations Acts.

‘‘(5) Unused funds.

‘‘(d) Assessment of fees.

‘‘(1) Definition of covered functions.

Termination

date.

Termination

date.

118 STAT. 434 PUBLIC LAW 108–199—JAN. 23, 2004

‘‘(2) Minimum amount of appropriations.

‘‘(3) Use of fees.

‘‘(4) Compliance.

‘‘(5) Subsequent authority. ‘‘(e) Reforms to reduce decision time review periods.

‘‘(f) Decision time review periods. ‘‘(1) In general.

‘‘(2) Report.

‘‘(3) Applications subject to decision time review periods.

‘‘(4) Start of decision time review period.

‘‘(5) Extension of decision time review period. ‘‘(g) Judicial review. ‘‘(1) In general.

‘‘(2) Scope.

‘‘(3) Timing.

‘‘(4) Remedies.

‘‘(h) Accounting.

‘‘(i) Auditing. ‘‘(1) Financial statements of agencies.

‘‘(2) Components.

‘‘(3) Inspector General. ‘‘(j) Personnel levels.

‘‘(k) Reports. ‘‘(1) In general.

‘‘(2) Contents.

‘‘(l) Savings clause.

‘‘(m) Termination of effectiveness.

‘‘(1) In general.

‘‘(2) Phase out.

‘‘Sec. 34. Severability.

‘‘Sec. 35. Authorization for appropriations.’’.

(h) EFFECTIVE DATE.—Except as otherwise provided in this

section and the amendments made by this section, this section

and the amendments made by this section take effect on the date

that is 60 days after the date of enactment of this Act.

This division may be cited as the ‘‘Departments of Veterans

Affairs and Housing and Urban Development, and Independent

Agencies Appropriations Act, 2004’’.

DIVISION H—MISCELLANEOUS APPROPRIATIONS AND

OFFSETS

(INCLUDING RESCISSIONS OF FUNDS)

(INCLUDING TRANSFERS OF FUNDS)

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

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2004, and for other purposes, namely: –

SEC. 101. Section 1241(a)(3) of the Food Security Act of 1985

(16 U.S.C. 3841(a)(3)) is amended by striking ‘‘, using’’ and all

that follows through ‘‘2013’’.

SEC. 102. (a) Of the funds appropriated under the heading

‘‘Emergency Preparedness and Response, Disaster Relief’’ in chapter

2 of title I of Public Law 108–106, $225,000,000 are rescinded.

(b) In addition to amounts appropriated in Public Law 108–

108 for ‘‘Forest Service, Wildland Fire Management’’ for hazardous

fuels reduction, hazard mitigation, and rehabilitation activities of

the Forest Service in southern California, $25,000,000, to remain

available until expended.

(c) In addition to amounts appropriated in Public Law 108–

108 for ‘‘Forest Service, State and Private Forestry’’ for hazard

mitigation, fuels reduction, and forest health protection and mitigation activities on State and private lands in southern California,

$25,000,000, to remain available until expended.

Miscellaneous

Appropriations

and Offsets Act,

2004.

7 USC 136a note.

PUBLIC LAW 108–199—JAN. 23, 2004 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. 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.

Establishment.

118 STAT. 436 PUBLIC LAW 108–199—JAN. 23, 2004

(B) Three members shall be appointed by the Minority

Leader of the Senate.

(C) Three members shall be appointed by the Speaker

of the House of Representatives.

(D) Three members shall be appointed by the Minority

Leader of the House of Representatives.

(E) One member shall be appointed by the President

from a list of candidates submitted by the Secretary of

State.

(F) One member shall be appointed by the President

from a list of candidates submitted by the Secretary of

Defense.

(G) One member shall be appointed by the President

from a list of candidates submitted by the Secretary of

Education.

(H) One member shall be appointed by the President

from a list of candidates submitted by the Secretary of

Commerce.

(I) One member shall be appointed jointly by the

individuals described in subparagraphs (A) through (D),

and such member shall serve as Chair of the Commission.

(2) TYPES OF INDIVIDUALS.—The Commission may consist

of members who are leaders in university exchange programs,

leaders in foreign policy, and business leaders with experience

in international trade.

(d) EXECUTIVE DIRECTOR AND STAFF.—

(1) APPOINTMENT OF EXECUTIVE DIRECTOR.—The Chair of

the Commission may, without regard to the civil service laws

and regulations, appoint and terminate an executive director

of the Commission. The employment of an executive director

shall be subject to confirmation by the Commission. The Chair

of the Commission may fix the compensation of the executive

director without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of title 5, United States Code,

relating to classification of positions and General Schedule pay

rates, except that the rate of pay for the executive director

may not exceed the rate payable for level V of the Executive

Schedule under section 5316 of such title.

(2) STAFF.—The executive director may appoint not more

than 3 individuals to assist the executive director in carrying

out the duties of the executive director. The Chair of the

Commission may fix the compensation of the individuals

appointed by the executive director without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title

5, United States Code, relating to classification of positions

and General Schedule pay rates, except that the rate of pay

for such individuals may not exceed the rate payable for level

V of the Executive Schedule under section 5316 of such title.

(e) COMPENSATION.—Members of the Commission shall not

receive compensation for the performance of services for the

Commission, but shall be allowed travel expenses, including per

diem in lieu of subsistence, at rates authorized for employees of

agencies under subchapter I of chapter 57 of title 5, United States

Code, while away from their homes or regular places of business

in the performance of services for the Commission.

(f) REPORT.—Not later than December 1, 2004, the Commission

shall submit a report to the appropriate committee of Congress

Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004 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:

118 STAT. 438 PUBLIC LAW 108–199—JAN. 23, 2004

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 2004/2008’’: NSSN (AP), $37,200,000;

NSSN, $11,800,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 2002/2006’’:

SSN Submarine Refuelings, $19,600,000; and

Under the heading, ‘‘Defense Health Program’’,

$6,000,000.

SEC. 109. Effective immediately after the enactment of the

National Defense Authorization Act for Fiscal Year 2004, section

724(d)(2) of the National Defense Authorization Act for Fiscal Year

1997 (Public Law 104–201; 10 U.S.C. 1073 note) is amended—

(1) in subparagraph (A)—

(A) by redesignating clauses (i) and (ii) as clauses

(ii) and (iii), respectively; and

(B) by inserting after ‘‘who—’’ the following new clause

(i):

‘‘(i) do not have other primary health insurance coverage

(other than Medicare coverage) covering basic primary care

and inpatient and outpatient services;’’; and

(2) by striking subparagraph (B) and inserting the following:

‘‘(B) For each fiscal year beginning after September 30, 2003,

the number of covered beneficiaries newly enrolled by designated

providers pursuant to clause (ii) of subparagraph (A) during such

fiscal year may not exceed 10 percent of the total number of the

covered beneficiaries who are newly enrolled under such subparagraph during such fiscal year.’’.

SEC. 110. Section 853 of the National Defense Authorization

Act for Fiscal Year 2004 is amended—

(1) by redesignating subsection (c) as subsection (d); 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

10 USC 2302

note.

Effective date.

Effective date.

PUBLIC LAW 108–199—JAN. 23, 2004 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) 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. 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. 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

Alaska.

Federal buildings

and facilities.

Reports.

Deadlines.

118 STAT. 440 PUBLIC LAW 108–199—JAN. 23, 2004

from funds appropriated in Public Law 101–101 for the Hamlet

City Lake, North Carolina, project to provide assistance in carrying

out any authorized water-related infrastructure projects in Richmond County, North Carolina.

SEC. 120. The Secretary of the Army, acting through the Chief

of Engineers, is directed to snag and clear existing debris including

trees in Deep River, near Lake Station, Indiana, under section

208 of the Flood Control Act of 1954, as amended.

SEC. 121. Section 117, subsection (4), of the Energy and Water

Development Appropriations Act, 2004, is amended to read as follows:

‘‘(4) in subsection (h), by striking ‘2001—’ and all that follows and inserting ‘2001—$100,000,000 for Rural Nevada,

and $25,000,000 for each of Idaho, Montana, New Mexico, and

rural Utah, to remain available until expended.’.’’.

SEC. 122. The Secretary of the Army, acting through the Chief

of Engineers, is directed to use any remaining available funds

from funds appropriated and made available in Public Law 103–

316 for construction of the Savannah Harbor Deepening Project,

Savannah, Georgia, for the Savannah Harbor Expansion Project,

Savannah, Georgia.

SEC. 123. The Secretary of the Army, acting through the Chief

of Engineers, is directed to proceed with the construction of the

Columbia River Channel Improvements, Oregon and Washington,

project in accordance with the Report of the Chief of Engineers,

dated December 23, 1999, and the economic justification and

environmental features stated therein, as amended by the Final

Supplemental Environmental Impact Statement dated January 28,

2003.

SEC. 124. The Secretary of the Army, acting through the Chief

of Engineers, is directed to use previously appropriated funds to

proceed with design and initiate construction to complete the Stillwater, Minnesota, Levee and Flood Control project.

SEC. 125. Of the funds made available in the Energy and

Water Development Appropriations Act, 2004, to the Western Area

Power Administration, up to $166,100,000 collected by the Western

Area Power Administration pursuant to the Flood Control Act of

1944 and the Reclamation Project Act of 1939 to recover purchase

power and wheeling expenses shall be credited to the ‘‘Construction,

Rehabilitation, Operation and Maintenance, Western Area Power

Administration’’ account as offsetting collections.

SEC. 126. Of the funds provided for the development of the

new molecular imaging probes in the statement of managers to

accompany H.R. 2754, $5,000,000 shall be provided to the University of California, Los Angeles for the continued efforts for PET

imaging, systems biology and nanotechnology.

SEC. 127. Funds appropriated in this, or any other Act hereafter, may not be obligated to pay, on behalf of the United States

or a contractor or subcontractor of the United States, to post a

bond or fulfill any other financial responsibility requirement

relating to closure or post-closure care and monitoring of Sandia

National Laboratories and properties held or managed by Sandia

National Laboratories prior to implementation of closure or postclosure 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

50 USC 2601

note.

117 Stat. 1836.

PUBLIC LAW 108–199—JAN. 23, 2004 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 CedarsSinai Gene Therapy Research Program; and $500,000, to remain

available until expended, for the Hartford Hospital Interventional

Electrophysiology Project.

SEC. 132. For an additional amount for the ‘‘Energy Supply’’

account of the Department of Energy in the Energy and Water

Development Appropriations Act, 2004, there is appropriated

$750,000, to remain available until expended, for the Energy Center

of Wisconsin Renewable Fuels Project; $500,000, to remain available

until expended, for the Wind Energy Transmission Study; $250,000,

to remain available until expended, for the White Pine County,

Nevada, Public School System biomass conversion heating project;

$250,000, to remain available until expended, for the Lead Animal

Shelter Animal Campus renewable energy demonstration project;

$3,000,000, to remain available until expended, for the establishment of a Hawaii Hydrogen Center for Development and Deployment of Distributed Energy Systems; and $250,000, to remain available until expended, for the Eastern Nevada Landscape Coalition

for biomass restoration and science-based restoration.

SEC. 133. For an additional amount for the ‘‘Construction, General’’ account of the Energy and Water Development Appropriations

Act, 2004, there is appropriated $13,750,000, to remain available

until expended.

SEC. 134. For an additional amount for ‘‘Millennium Challenge

Corporation’’, $350,000,000, to remain available until expended.

SEC. 135. Section 203(m) of the Robert T. Stafford Disaster

Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is

amended by striking ‘‘December 31, 2003’’ and inserting ‘‘December

31, 2004’’.

118 STAT. 442 PUBLIC LAW 108–199—JAN. 23, 2004

SEC. 136. (a) The National Flood Insurance Act of 1968 is

amended—

(1) in section 1319 (42 U.S.C. 4026), by striking ‘‘December

31, 2003’’ and inserting ‘‘June 30, 2004.’’;

(2) in the first sentence of section 1309(a) (42 U.S.C.

4016(a)), by striking ‘‘December 31, 2003’’ and inserting ‘‘the

date specified in section 1319’’;

(3) in section 1336(a) (42 U.S.C. 4056(a)), by striking

‘‘December 31, 2003’’ and inserting ‘‘on the date specified in

section 1319’’; and

(4) in section 1376(c) (42 U.S.C. 4127(c)), by striking

‘‘December 31, 2003’’ and inserting ‘‘the date specified in section

1319’’.

(b) The amendments made by this section shall be considered

to have taken effect on December 31, 2003.

SEC. 137. (a) Section 441(c) of the Maritime Transportation

Security Act of 2002 (Public Law 107–295) is amended—

(1) by striking ‘‘and that is not the subject of an action

prior to June 20, 2002, alleging a breach of subsections (a)

and (b) of section 10601 as in effect on such date,’’; and

(2) by striking ‘‘such subsections’’ and inserting ‘‘subsections (a) and (b) of section 10601 of title 46, United States

Code, as in effect prior to November 25, 2002’’.

(b) The amendments made by subsection (a) apply to all proceedings pending on or commenced after the date of enactment

of this Act.

SEC. 138. Public Law 108–108 is amended under the heading

‘‘Bureau of Indian Affairs, Construction’’ by striking ‘‘25 U.S.C.

2005(a)’’ and inserting ‘‘25 U.S.C. 2005(b)’’ and by striking ‘‘25

U.S.C. 2505(f)’’ and inserting ‘‘25 U.S.C. 2504(f)’’.

SEC. 139. CONGAREE NATIONAL PARK BOUNDARY REVISION. (a)

IN GENERAL.—Subsection (c) of the first section of Public Law

94–545 (90 Stat. 2517; 102 Stat. 2607) is amended by striking

paragraph (6) and inserting the following:

‘‘(6) EFFECT.—Nothing in this section—

‘‘(A) affects the use of private land adjacent to the

park;

‘‘(B) preempts the authority of the State with respect

to the regulation of hunting, fishing, boating, and wildlife

management on private land or water outside the boundaries of the park;

‘‘(C) shall negatively affect the economic development

of the areas surrounding the park; or

‘‘(D) affects the classification of the park under section

162 of the Clean Air Act (42 U.S.C. 7472).’’.

(b) DESIGNATION OF CONGAREE NATIONAL PARK WILDERNESS.—

(1) DESIGNATION.—The wilderness established by section

2(a) of the Congaree Swamp National Monument Expansion

and Wilderness Act (102 Stat. 2606) and known as the ‘‘Congaree Swamp National Monument Wilderness’’ shall be known

and designated as the ‘‘Congaree National Park Wilderness’’.

(2) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the

wilderness referred to in paragraph (1) shall be deemed to

be a reference to the ‘‘Congaree National Park Wilderness’’.

SEC. 140. Section 123 of the Department of the Interior and

117 Stat. 1268. Related Agencies Appropriations Act, 2004 (Public Law 108–108),

16 USC 1132

note.

16 USC 410jjj.

Applicability.

42 USC 10601

note.

Effective date.

46 USC 4016

note.

46 USC 10601

note.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 443

is amended by striking ‘‘any other governmental land management

entity’’ and inserting ‘‘any other land management entity’’.

SEC. 141. Effective as of November 18, 2003, section 9 of Public

Law 100–692 (102 Stat. 4556; 16 U.S.C. 461 note.) is amended

to read as follows:

‘‘SEC. 9. TERMINATION OF COMMISSION.

‘‘The Commission shall terminate on November 18, 2007.’’.

SEC. 142. Title IV of Public Law 108–108 is amended in section

403(b)(4) by striking ‘‘75–5–703(10)(b)’’ and inserting ‘‘75–5–

703(10)(c)’’.

SEC. 143. Public Law 108–108 is amended under the heading

‘‘Indian Health Service, Indian Health Services’’ 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 the following:

‘‘(c) EXEMPTIONS.—The requirements of this section shall not

apply to amounts in this Act designated as emergency requirements

pursuant to section 502 of H. Con. Res. 95 (108th Congress), the

concurrent resolution on the budget for fiscal year 2004.

‘‘(d) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under

the heading ‘Bureau of Indian Affairs, Indian Land and Water

Claim Settlements and Miscellaneous Payments to Indians’, the

across-the-board rescission in this section, and any subsequent

across-the-board rescission for fiscal year 2004, shall apply only

to the first dollar amount in the paragraph and the distribution

of the rescission shall be at the discretion of the Secretary of

the Interior who shall submit a report on such distribution and

the rationale therefor to the House and Senate Committees on

Appropriations.’’.

SEC. 145. THEODORE ROOSEVELT NATIONAL WILDLIFE REFUGE. (a) DEFINITIONS.—In this section:

(1) COUNTY.—The term ‘‘county’’ means each of the counties

of Leflore, Holmes, Humphreys, Sharkey, Warren, and Washington in the State.

(2) REFUGE.—The term ‘‘Refuge’’ means the Theodore Roosevelt National Wildlife Refuge established under subsection

(b).

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(4) STATE.—The term ‘‘State’’ means the State of Mississippi.

(b) ESTABLISHMENT.—The Secretary shall establish the Theodore Roosevelt National Wildlife Refuge, consisting of approximately

6,600 acres of land that—

(1) as of the date of enactment of this Act, is owned by

the United States;

(2) was formerly in the inventory of the United States

Department of Agriculture; and

(3) is located in the counties.

(c) MAP.—As soon as practicable after the date of enactment

of this Act, the Secretary shall prepare a map depicting the boundaries of the Refuge.

Mississippi.

16 USC 668dd

note.

Applicability.

Reports.

117 Stat. 1318.

117 Stat. 1294.

117 Stat. 1319.

16 USC 461 note.

Effective date.

118 STAT. 444 PUBLIC LAW 108–199—JAN. 23, 2004

(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.’’;

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 446 PUBLIC LAW 108–199—JAN. 23, 2004

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 triballyowned land on the Fort Peck Indian Reservation for 1 or

more interstate gas pipelines.

‘‘(2) CONDITIONS.—A lease entered into under paragraph

(1)—

‘‘(A) shall commence during fiscal year 2011 for an

initial term of 25 years;

‘‘(B) may be renewed for an additional term of 25

years; and

‘‘(C) shall specify in the terms of the lease an annual

rental rate—

‘‘(i) which rate shall be increased by 3 percent

per year on a cumulative basis for each 5-year period;

and

‘‘(ii) the adjustment of which in accordance with

clause (i) shall be considered to satisfy any review

requirement under part 162 of title 25, Code of Federal

Regulations (or any successor regulation).’’.

SEC. 150. (a) SHORT TITLE. This Act may be cited as the

‘‘Fern Lake Conservation and Recreation Act’’.

(b) FINDINGS AND PURPOSES.—

(1) FINDINGS.—The Congress finds the following:

(A) Fern Lake and its surrounding watershed in Bell

County, Kentucky, and Claiborne County, Tennessee, is

within the potential boundaries of Cumberland Gap

National Historical Park as originally authorized by the

Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et

seq.).

(B) The acquisition of Fern Lake and its surrounding

watershed and its inclusion in Cumberland Gap National

Historical Park would protect the vista from Pinnacle Overlook, which is one of the park’s most valuable scenic

resources and most popular attractions, and enhance recreational opportunities at the park.

(C) Fern Lake is the water supply source for the city

of Middlesboro, Kentucky, and environs.

(D) The 4,500-acre Fern Lake watershed is privately

owned, and the 150-acre lake and part of the watershed

are currently for sale, but the Secretary of the Interior

is precluded by the first section of the Act of June 11,

1940 (16 U.S.C. 261), from using appropriated funds to

acquire the lands.

(2) PURPOSES.—The purposes of the Act are—

(A) to authorize the Secretary of the Interior to use

appropriated funds if necessary, in addition to other

Fern Lake

Conservation and

Recreation Act.

Kentucky.

Tennessee.

16 USC 268a.

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 448 PUBLIC LAW 108–199—JAN. 23, 2004

as the establishment and promotion of new recreational

opportunities at the park, the Secretary shall consult with—

(A) appropriate officials in the States of Kentucky,

Tennessee, and Virginia, and political subdivisions of these

States;

(B) organizations involved in promoting tourism in

these States; and

(C) other interested parties.

SEC. 151. (a) The Attending Physician to Congress shall have

the authority and responsibility for overseeing and coordinating

the use of medical assets in response to a bioterrorism event and

other medical contingencies or public health emergencies occurring

within the Capitol Buildings or the 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) Subsection (a) shall take effect on the date of the enactment

of this Act and shall apply during any fiscal year occurring on

or after such date.

SEC. 152. (a) Notwithstanding section 907(a) of Public Law

107–206 (116 Stat. 977) or section 1102 of the Legislative Branch

Appropriations Act, 2004 (2 U.S.C. 1822(b)), the Architect of the

Capitol, at any time after the date of the enactment of this Act

and subject to the availability of appropriations, may enter into

an agreement to acquire by lease any portion of the real property

located at 499 South Capitol Street Southwest in the District of

Columbia for the use of the United States Capitol Police.

(b) Any real property acquired by the Architect of the Capitol

pursuant to subsection (a) shall be subject to the provisions of

the Act entitled ‘‘An Act to define the area of the United States

Capitol Grounds, to regulate the use thereof, and for other purposes’’, approved July 31, 1946.

SEC. 153. THE UNITED STATES SENATE-CHINA INTERPARLIAMENTARY GROUP. (a) ESTABLISHMENT AND MEETINGS.—Not to exceed

12 Senators shall be appointed to meet annually with representatives of the National People’s Congress of the People’s Republic

of China for discussion of common problems in the interest of

relations between the United States and China. The Senators so

appointed shall be referred to as the ‘‘United States group’’ of

the United States Senate-China Interparliamentary Group.

(b) APPOINTMENT OF MEMBERS.—The President pro tempore

of the Senate shall appoint Senators under this section upon the

recommendations of the majority and minority leaders of the Senate.

The President pro tempore of the Senate shall designate 1 Senator

as the Chair of the United States group.

(c) FUNDING.—There is authorized to be appropriated $100,000

for each fiscal year to assist in meeting the expenses of the United

States group for each fiscal year for which an appropriation is

22 USC 276n.

2 USC 1820 note.

Effective date.

Applicability.

Congress.

2 USC 121g.

PUBLIC LAW 108–199—JAN. 23, 2004 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 SenateChina Interparliamentary Group.

(g) EFFECTIVE DATE.—

(1) IN GENERAL.—Subsections (a) though (d) shall apply

to fiscal year 2004, and each fiscal year thereafter.

(2) FISCAL YEAR 2004.—Subsections (e) and (f) shall apply

to fiscal year 2004.

SEC. 154. THE UNITED STATES SENATE-RUSSIA INTERPARLIAMENTARY GROUP. (a) ESTABLISHMENT AND MEETINGS.—Not

to exceed 12 Senators shall be appointed to meet annually with

representatives of the Federation Council of Russia for discussion

of common problems in the interest of relations between the United

States and Russia. The Senators so appointed shall be referred

to as the ‘‘United States group’’ of the United States Senate-Russia

Interparliamentary Group.

(b) APPOINTMENT OF MEMBERS.—The majority and minority

leaders of the Senate shall appoint the Senators of the United

States group. The majority leader of the Senate shall designate

1 Senator as the Chair of the United States group.

(c) FUNDING.—There is authorized to be appropriated $100,000

for each fiscal year to assist in meeting the expenses of the United

States group for each fiscal year for which an appropriation is

made. Appropriations shall be disbursed on vouchers to be approved

by the Chair of the United States group.

(d) CERTIFICATION OF EXPENDITURES.—The certificate of the

Chair of the United States group shall be final and conclusive

upon the accounting officers in the auditing of the accounts of

the United States group.

(e) FISCAL YEAR 2004 FUNDING.—There is authorized within

the contingent fund of the Senate under the appropriation account

‘‘MISCELLANEOUS ITEMS’’ $75,000 for fiscal year 2004 to assist in

meeting the official expenses of the United States Senate-Russia

Interparliamentary Group including conference room expenses,

hospitality expenses, and food and food-related expenses. Expenses

shall be paid on vouchers to be approved by the Chair of the

United States group. The Secretary of the Senate is authorized

to advance such sums as necessary to carry out this subsection.

(f) APPROPRIATIONS.—There are appropriated, out of any money

in the Treasury not otherwise appropriated, for the fiscal year

22 USC 276o.

Applicability.

118 STAT. 450 PUBLIC LAW 108–199—JAN. 23, 2004

ending September 30, 2004, $100,000 for the United States SenateRussia Interparliamentary Group.

(g) EFFECTIVE DATE.—

(1) IN GENERAL.—Subsections (a) though (d) shall apply

to fiscal year 2004, and each fiscal year thereafter.

(2) FISCAL YEAR 2004.—Subsections (e) and (f) shall apply

to fiscal year 2004.

SEC. 155. PAYMENT OF EXPENSES OF THE CHAPLAIN OF THE

SENATE FROM THE CONTINGENT FUND OF THE SENATE. (a) IN GENERAL.—For each fiscal year there is authorized to be expended

from the contingent fund of the Senate an amount, not in excess

of $50,000 for the Chaplain of the Senate. Payments under this

section shall be made only for expenses actually incurred by the

Chaplain of the Senate in carrying out his functions, and shall

be made upon certification and documentation of the expenses

involved, by the Chaplain claiming payment under this section

and upon vouchers approved by the Chaplain and by the Committee

on Rules and Administration. Funds authorized for expenditure

under this section may be used to purchase food or food related

items.

(b) REPEAL OF REVOLVING FUND.—

(1) REPEAL.—Section 2 of the Legislative Branch Appropriations Act, 1996 (2 U.S.C. 61d–3) is repealed.

(2) REMAINING FUNDS.—Any funds in the Chaplain Expense

Revolving Fund on the date of the repeal under this section

shall be remitted to the general fund of the United States

Treasury.

(c) EFFECTIVE DATE.—This section shall apply with respect

to fiscal year 2004, and each fiscal year thereafter.

SEC. 156. (a) There is established in the House of Representatives a fund to be known as the ‘‘House of Representatives Revolving

Fund’’, consisting of the following amounts:

(1) Amounts appropriated to the Fund.

(2) Amounts donated to the Fund.

(3) Interest on the balance of the Fund.

(b) Amounts in the Fund shall be expended at the direction

of the Chief Administrative Officer of the House of Representatives,

upon notification provided by the Chief Administrative Officer to

the Committee on Appropriations of the House of Representatives,

and shall remain available until expended.

(c) This section shall apply with respect to fiscal year 2004

and each succeeding fiscal year.

SEC. 157. RECOMPUTATION OF BENEFITS GUARANTEED IN

CONNECTION WITH THE TERMINATION OF THE REPUBLIC STEEL

RETIREMENT PLAN. (a) IN GENERAL.—The Pension Benefit Guaranty

Corporation shall recompute the liability for monthly benefits

guaranteed under section 4022 of the Employee Retirement Income

Security Act of 1974 which are payable (without regard to this

section) with respect to each participant and beneficiary under

the Republic Steel Retirement Plan in connection with its termination on September 30, 1986.

(b) ADJUSTMENT OF GUARANTEED BENEFIT AMOUNTS.—In

recomputing the liability for monthly guaranteed benefits pursuant

to subsection (a) with respect to each participant or beneficiary,

the Corporation shall increase the amount of such liability (as

determined without regard to this section) by—

Applicability.

2 USC 95e.

Applicability.

2 USC 61d–4.

Applicability.

PUBLIC LAW 108–199—JAN. 23, 2004 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. The recomputation under this section shall apply only

with respect to benefits payable after such date.

SEC. 158. In addition to amounts appropriated or otherwise

made available in other Acts, $9,692,000 is hereby appropriated

to the Department of Defense Family Housing Improvement Fund,

to remain available until expended, for family housing initiatives

undertaken pursuant to the provisions of subchapter IV of chapter

169, title 10, United States Code: Provided, That such funds shall

be available to cover the costs, as defined in section 502(5) of

the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions

of such subchapter: Provided further, That of the funds available

in the ‘‘Foreign Currency Fluctuations, Construction, Defense’’

account, $9,692,000 are rescinded.

SEC. 159. For an additional amount to carry out section 257

of the Help America Vote Act of 2002, $1,000,000,000, to remain

available until expended: Provided, That no more than 1⁄10 of 1

percent of funds available for requirements payments under section

257 of the Help America Vote Act of 2002 shall be allocated to

any territory.

SEC. 160. (a) DESIGNATION.—The United States courthouse

located at 333 Lomas Blvd. N.W. in Albuquerque, New Mexico,

shall be known and designated as the ‘‘Pete V. Domenici United

States Courthouse’’.

Federal buildings

and facilities.

Applicability.

118 STAT. 452 PUBLIC LAW 108–199—JAN. 23, 2004

(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. The Director of the Office of Management and Budget

shall hereafter consult with Alaska Native corporations on the

same basis as Indian tribes under Executive Order No. 13175.

SEC. 162. Notwithstanding any other provision of law, in addition to amounts provided in this or any other Act for fiscal year

2004, $50,000,000, to be derived from the Highway Trust Fund

and to remain available until expended, of which $44,000,000 shall

be for reconstruction of the Treasure Island Bridge in Treasure

Island, Florida and of which $6,000,000 shall be for necessary

road improvements and design of a plaza at the John F. Kennedy

Center for the Performing Arts in Washington, D.C.

SEC. 163. Section 802(b)(1) of the Japanese Imperial Government Disclosure Act of 2000 (Public Law 106–567; 114 Stat. 2865)

is amended by striking ‘‘3 years’’ and inserting ‘‘4 years’’.

SEC. 164. The funds made available for Alaska Natives under

the heading ‘‘Native American Housing Block Grants’’ in title II

of division G of this Act shall be allocated to the same Native

Alaskan Indian housing block grant recipients that received the

funds in fiscal year 2003.

SEC. 165. In addition to the amounts otherwise provided in

this or any other Act for fiscal year 2004, for ‘‘Department of

Housing and Urban Development, Community Development Fund’’,

$10,000,000 to remain available until expended for a grant to the

Anchorage Museum in Anchorage, Alaska for facilities construction.

SEC. 166. The Secretary of a military department may use

the authority provided in section 2667(a) of title 10, United States

Code, to lease military family housing in the National Capital

Region (as defined in section 2674 of such title) to key and essential

personnel for continuity of government purposes.

SEC. 167. Notwithstanding any other provision of law, in addition to amounts otherwise provided in this or any other Act for

fiscal year 2004, $55,000,000 is appropriated, to be available until

expended, to be distributed as follows: for Department of Energy,

Energy Programs, ‘‘Energy Supply’’, $12,400,000 for expenses

related to the purchase, construction, operation of facilities, and

acquisition of plant and capital equipment for facilities that produce

fuels from agricultural and animal wastes, to the Society for Energy

and Environmental Research, a not-for-profit energy research and

development institution, to administer the program; for Department

of Transportation, Federal Aviation Administration, ‘‘Grants-in-aid

for airports’’, $2,000,000 for the extension of a runway at Fort

Worth Alliance Airport, Fort Worth, Texas; for Department of

Transportation, Federal Highway Administration, $1,000,000, for

Rock County Road, Janesville, Wisconsin; for Department of

Transportation, Federal Highway Administration, $2,500,000, for

improvements to I–75 in Lee County, Florida; for Department of

Veterans Affairs, Departmental Administration, ‘‘Construction;

major projects’’, $500,000 for the preliminary planning of a new

ambulatory clinic at the Defense Supply Center, Columbus in

Columbus, Ohio; for ‘‘Small Business Administration, Salaries and

Expenses’’, $500,000, to be available for a grant to the University

of Wisconsin-Green Bay to establish a paper science technology

Alaska.

Grants.

5 USC 552 note.

25 USC 450 note.

PUBLIC LAW 108–199—JAN. 23, 2004 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,

118 STAT. 454 PUBLIC LAW 108–199—JAN. 23, 2004

$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

PUBLIC LAW 108–199—JAN. 23, 2004 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

118 STAT. 456 PUBLIC LAW 108–199—JAN. 23, 2004

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 reduced: Provided

further, That the rescissions shall take effect no later than September 30, 2004: Provided further, That the Director of the Office

of Management and Budget shall notify the Committees on Appropriations of the House and Senate 30 days prior to rescinding

such amounts: Provided further, That such notification shall include

the accounts, programs, projects and activities from which the funds

will be rescinded: Provided further, That this section shall not

apply to any amounts appropriated or otherwise made available

Notification.

Effective date.

PUBLIC LAW 108–199—JAN. 23, 2004 118 STAT. 457

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.

Æ

by the seventh proviso under the heading ‘‘Emergency Response

Fund’’ in Public Law 107–38.

(b) ACROSS-THE-BOARD RESCISSIONS.—There is hereby

rescinded an amount equal to 0.59 percent of—

(1) the budget authority provided (or obligation limitation

imposed) for fiscal year 2004 for any discretionary account

in divisions A through H of this Act and in any other fiscal

year 2004 appropriation Act (except any fiscal year 2004 supplemental appropriation Act, the Department of Defense Appropriations Act, 2004, or the Military Construction Appropriations

Act, 2004);

(2) the budget authority provided in any advance appropriation for fiscal year 2004 for any discretionary account in any

prior fiscal year appropriation Act; and

(3) the contract authority provided in fiscal year 2004 for

any program subject to limitation contained in any division

or appropriation Act subject to paragraph (1).

(c) PROPORTIONATE APPLICATION.—Any rescission made by subsection (b) shall be applied proportionately—

(1) to each discretionary account and each item of budget

authority described in such subsection; and

(2) within each such account and item, to each program,

project, and activity (with programs, projects, and activities

as delineated in the appropriation Act or accompanying reports

for the relevant fiscal year covering such account or item,

or for accounts and items not included in appropriation Acts,

as delineated in the most recently submitted President’s

budget).

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management

and Budget shall submit to the Committees on Appropriations

of the House of Representatives and the Senate a report specifying

the account and amount of each rescission made pursuant to subsection (b).

This division may be cited as the ‘‘Miscellaneous Appropriations

and Offsets Act, 2004’’.

Approved January 23, 2004.

Deadline.