H. R. 2673—104
(D) A description of the trends, both favorable and unfavor-
able, in each development sector.
(E) Statistical and other information necessary to evaluate
the impact and effectiveness of United States economic assist-
ance 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 non-
governmental organizations.
(2) The report required by this section shall identify—
(A) each country in which United States economic assist-
ance 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 assist-
ance 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 assist-
ance’’ 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 govern-
ments;
(C) to promote international trade and foreign direct invest-
ment 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.
H. R. 2673—105
(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.
H. R. 2673—106
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 RATIONAL-
IZATION. Section 313 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), as amended, is
further amended by adding at the end thereof the following:
‘‘(j) BERING SEA AND ALEUTIAN ISLANDS CRAB RATIONALIZA-
TION.—
‘‘(1) By not later than January 1, 2005, the Secretary
shall approve and hereafter implement by regulation the Vol-
untary 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
H. R. 2673—107
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 meas-
ures, 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 identi-
fied 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 imple-
ment a mandatory information collection and review process
to provide any and all information necessary for the Depart-
ment 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 Pro-
gram 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
H. R. 2673—108
holding individual processing quota, and the provisions of sub-
paragraphs (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 proc-
essors (1996 to 2000, best 4 of 5 years) for pacific ocean perch,
northern rockfish, and pelagic shelf rockfish harvested in Central
Gulf of Alaska. Such a pilot program shall: (1) provide for a set-
aside of up to 5 percent for the total allowable catch of such
fisheries for catcher vessels not eligible to participate in the pilot
program, which shall be delivered to shore-based fish processors
not eligible to participate in the pilot program; and (2) establish
catch limits for non-rockfish species and non-target rockfish species
currently harvested with pacific ocean perch, northern rockfish,
and pelagic shelf rockfish, which shall be based on historical har-
vesting of such bycatch species. The pilot program will sunset
when a Gulf of Alaska Groundfish comprehensive rationalization
plan is authorized by the Council and implemented by the Secretary,
or 2 years from date of implementation, whichever is earlier.
SEC. 803. ALEUTIAN ISLANDS FISHERIES DEVELOPMENT. (a)
ALEUTIAN ISLANDS POLLOCK ALLOCATION.—Effective January 1,
2004 and thereafter, the directed pollock fishery in the Aleutian
Islands Subarea [AI] of the BSAI (as defined in 50 CFR 679.2)
shall be allocated to the Aleut Corporation (incorporated pursuant
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)). Except with the permission of the Aleut Corporation or
its authorized agent, the fishing or processing of any part of such
allocation shall be prohibited by section 307 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1857), subject to the penalties and sanctions under section 308
of such Act (16 U.S.C. 1858), and subject to the forfeiture of any
fish harvested or processed.
(b) ELIGIBLE VESSELS.—Only vessels that are 60 feet or less
in length overall and have a valid fishery endorsement, or vessels
that are eligible to harvest pollock under section 208 of title II
of division C of Public Law 105–277, shall be eligible to form
partnerships with the Aleut Corporation (or its authorized agents)
to harvest the allocation under subsection (a). During the years
2004 through 2008, up to 25 percent of such allocation may be
harvested by vessels 60 feet or less in length overall. During the
years 2009 through 2013, up to 50 percent of such allocation may
be harvested by vessels 60 feet or less in length overall. After
the year 2012, 50 percent of such allocation shall be harvested
by vessels 60 feet or less in length overall, and 50 percent shall
be harvested by vessels eligible under such section of Public Law
105–277.
(c) GROUNDFISH OPTIMUM YIELD LIMITATION.—The optimum
yield for groundfish in the Bering Sea and Aleutian Islands Manage-
ment 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
H. R. 2673—109
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 rec-
ommend and the Secretary shall approve an allocation under sub-
section (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 Appropria-
tions 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
H. R. 2673—110
Columbia Chief Financial Officer who shall use those funds solely
for the purposes of carrying out the Resident Tuition Support Pro-
gram: 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 pro-
posed 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 court-
house facilities: Provided, That funds made available for capital
improvements shall be expended consistent with the General Serv-
ices 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 quar-
terly 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 prepara-
tion of monthly financial reports, copies of which shall be submitted
directly by GSA to the President and to the Committees on Appro-
priations of the House of Representatives and Senate, the Com-
mittee 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 Commit-
tees on Appropriations of the House of Representatives and Senate,
the District of Columbia Courts may reallocate not more than
H. R. 2673—111
$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 Pro-
ceedings, and Durable Power of Attorney Act of 1986), $32,000,000,
to remain available until expended: Provided, That the funds pro-
vided 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 adminis-
tered 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 quar-
terly 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 Appro-
priations of the House of Representatives and Senate, the Com-
mittee 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
H. R. 2673—112
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 nec-
essary expenses of Community Supervision and Sex Offender Reg-
istration, 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 trans-
ferred 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 pur-
pose in Public Law 107–96: Provided further, That the Director
is authorized to accept and use gifts in the form of in-kind contribu-
tions of space and hospitality to support offender and defendant
programs, and equipment and vocational training services to edu-
cate and train offenders and defendants: Provided further, That
the Director shall keep accurate and detailed records of the accept-
ance and use of any gift or donation under the previous proviso,
and shall make such records available for audit and public inspec-
tion.
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 Over-
flow 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 Wash-
ington 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.