H. R. 2673—87
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 pas-
senger 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 col-
lected 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 appropria-
tion 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 Cor-
poration 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 Tele-
marketing Sales Rule to require telemarketers subject to the Tele-
marketing 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,
H. R. 2673—88
$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 secre-
tariat 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 con-
cerning 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)
H. R. 2673—89
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 appro-
priated to the Securities and Exchange Commission: Provided fur-
ther, 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, notwith-
standing 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 Commit-
tees on Appropriations of the House of Representatives and Senate
in accordance with section 605 of this Act: Provided further, That
H. R. 2673—90
during fiscal year 2004 commitments to guarantee loans for deben-
tures and participating securities under section 303(b) of the Small
Business Investment Act of 1958, shall not exceed the levels estab-
lished 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 trans-
ferred 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 adminis-
trative 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 author-
ized 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.
H. R. 2673—91
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, pursu-
ant 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) reorga-
nizes 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 re-
programming of funds in excess of $500,000 or 10 percent, which-
ever 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
H. R. 2673—92
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 out-
side 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 avail-
able in this Act, pursuant to the debarment, suspension, and ineligi-
bility 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 harass-
ment 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 peace-
keeping 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 sub-
mitted 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 recommenda-
tion.
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 Depart-
ments 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
H. R. 2673—93
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 expendi-
ture 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 Enforce-
ment 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 prod-
ucts, 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 Depart-
ments 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 prohib-
ited 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 trans-
feree 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.
H. R. 2673—94
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 Sec-
retary of Homeland Security has determined deny or unreasonably
delay accepting the return of citizens, subjects, nationals, or resi-
dents 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 Green-
ville 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 avail-
able 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 pro-
grams; $175,000 shall be available for a grant to the Loudoun
Convention and Visitors Association in Virginia; $100,000 shall
H. R. 2673—95
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 develop-
ment of a research park biologics facility; $200,000 shall be available
for a grant to the Clarion County Economic Development Corpora-
tion; $200,000 shall be available for a grant to the Venango Eco-
nomic 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 avail-
able 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 develop-
ment 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 Tech-
nology 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 initia-
tive 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