H. R. 2673—222
SEC. 615. COORDINATION WITH UNITED STATES AGENCY FOR INTER-
NATIONAL 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 require-
ments (including by reason of the absence or unreliability of
data).
(c) ADMINISTRATION.—Assistance under this section may be pro-
vided through the United States Agency for International Develop-
ment.
(d) FUNDING.—Not more than 10 percent of the amount appro-
priated pursuant to the authorization of appropriations under sec-
tion 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 Execu-
tive 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 bene-
fits, 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 equiva-
lent), 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 para-
graph) 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.
H. R. 2673—223
(c) HIRING AUTHORITY.—Of persons employed by the Corpora-
tion, 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.
H. R. 2673—224
(2) NOTIFICATION.—The Corporation shall notify the appro-
priate 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 facili-
ties, 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
H. R. 2673—225
emerging economic development needs; and train such eligible dis-
located 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 incum-
bent 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 facili-
ties, 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 pay-
ments for any period subsequent to September 15 of the current
year.