H. R. 2673—414
(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 Net-
works.
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 Con-
gress 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 para-
graph (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 Non-
attainment New Source Review (NSR): Equipment Replacement
H. R. 2673—415
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 provi-
sion of law, not later than February 15, 2004, the Governor
of each State shall submit designations referred to in para-
graph (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), promul-
gate 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 provi-
sion 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 revi-
sions 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 implementa-
tion 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—
H. R. 2673—416
(1) treat the Pioneer Homes in the State of Alaska collec-
tively 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 ‘‘Pio-
neer 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 consider-
ation 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 Adminis-
trator shall publish in the Federal Register final regulations con-
taining 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 sub-
section (c) does not apply to or restrict the authority of any State
H. R. 2673—417
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 Fed-
eral 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 fol-
lowing:
‘‘(A) IN GENERAL.—Subject’’; and
(ii) by striking ‘‘of—’’ and all that follows through
‘‘additional registration’’ and inserting ‘‘for each reg-
istration’’;
(B) in subparagraph (D)—
(i) by striking ‘‘(D) The’’ and inserting the fol-
lowing:
‘‘(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;
H. R. 2673—418
‘‘(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 fol-
lowing:
‘‘(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 Fed-
eral 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:
H. R. 2673—419
‘‘(II) AFFILIATES.—
‘‘(aa) IN GENERAL.—In the case of a busi-
ness 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 pur-
pose 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 pur-
pose 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
MAINTE-
NANCE FEES.—Section 4(i)(5)(H) of the Federal Insecticide, Fun-
gicide, 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 reregistra-
tion under this section for which tolerances or exemp-
tions 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 rereg-
istration under this section, not later than October
3, 2008.’’;
(B) in subparagraph (B)—
(i) by striking ‘‘(B) Before’’ and inserting the fol-
lowing:
‘‘(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 Adminis-
trator may provide such a longer period, of not
more than 2 additional years, for submission of
data to the Administrator under this subpara-
graph.’’; and
H. R. 2673—420
(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 expedi-
tiously 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 pro-
vided 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 sub-
clauses (I), (II) and (III), respectively, and indenting appro-
priately; and
(C) by striking ‘‘resources to assure the expedited proc-
essing 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 Insec-
ticide, 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—
H. R. 2673—421
‘‘(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 acquisi-
tion, maintenance, and repair of computer and telecommuni-
cation resources (including software), used to support review
of pesticide applications, associated tolerances, and cor-
responding risk and benefits information and analyses; and
‘‘(3) costs of collecting registration service fees under sub-
sections (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 reg-
istration 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 applica-
tion for the registration of a pesticide that was sub-
mitted 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 Environ-
mental 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 exemp-
tion under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.).
‘‘(C) DOCUMENTATION.—An application subject to a reg-
istration 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.—
H. R. 2673—422
‘‘(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 reg-
istration application to the Administrator before the effec-
tive 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 applica-
tion described in subparagraph (A).
‘‘(C) DOCUMENTATION.—An application for which a vol-
untary 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
APPLICA-
TIONS.—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 reg-
istration 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 accom-
panied 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.
H. R. 2673—423
‘‘(iii) INACCURATE
DOCUMENTATION.—An applica-
tion 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 antici-
pated 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 Adminis-
trator determines that—
‘‘(i) the application is solely associated with a toler-
ance petition submitted in connection with the Inter-
Regional Project Number 4 (IR–4) as described in sec-
tion 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 applica-
tion 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 submit-
ting the application has been formed or manipulated
primarily for the purpose of qualifying for the waiver.
H. R. 2673—425
‘‘(II) on the basis that the Administrator com-
pleted 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 invest-
ments 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 approxi-
mately 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.—
H. R. 2673—426
‘‘(1) DEFINITION
OF
COVERED
FUNCTIONS.—In this sub-
section, 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 sub-
mitted as part of the budget process for fiscal year 2002, regard-
less 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 Protec-
tion 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 applica-
tions 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 Protec-
tion 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 sub-
section (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.—
H. R. 2673—427
‘‘(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 reg-
istration 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 para-
graph (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 subpara-
graphs (C), (D), and (E), in the case of a pesticide registra-
tion 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 Adminis-
trator receives the covered pesticide registration applica-
tion.
‘‘(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—
H. R. 2673—428
‘‘(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 Adminis-
trator 
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 Pes-
ticide 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 pes-
ticide 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 sub-
section (f) for the application.
H. R. 2673—429
‘‘(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 deter-
mination 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 sec-
tions 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 dis-
bursed;
‘‘(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 over-
head allocation of costs associated with the review and
decisionmaking pertaining to applications under this sec-
tion.
‘‘(3) INSPECTOR GENERAL.—The Inspector General of the
Environmental Protection Agency shall—
‘‘(A) conduct the annual audit required under this sub-
section; and
H. R. 2673—430
‘‘(B) report the findings and recommendations of the
audit to the Administrator and to the appropriate commit-
tees of Congress.
‘‘(j) PERSONNEL LEVELS.—All full-time equivalent positions sup-
ported 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 con-
duct the review of major portions of applications;
and
‘‘(III) reviewing the scope of use of the notifica-
tion process to cover broader categories of registra-
tion 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 Adminis-
trator determines to be the most effective for efficiently dissemi-
nating 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, obliga-
tions, or authorities established by any other section of this Act.
‘‘(m) TERMINATION OF EFFECTIVENESS.—
H. R. 2673—431
‘‘(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 Sep-
tember 30, 2008, the application shall be reviewed
in accordance with subsection (f).
‘‘(ii) NEW APPLICATIONS.—In the case of an applica-
tion received under this section on or after September
30, 2008, subsection (f) shall not apply to the applica-
tion.’’.
(g) CONFORMING AMENDMENTS.—The table of contents in sec-
tion 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.
H. R. 2673—432
‘‘(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 mitiga-
tion activities on State and private lands in southern California,
$25,000,000, to remain available until expended.
H. R. 2673—433
(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 provi-
sion 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 avail-
able 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 pro-
gram 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 pursu-
ant to section 502 of H. Con. Res. 95 (108th Congress), the concur-
rent 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 Pro-
grams for reimbursement to State and local law enforcement enti-
ties 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 mem-
bers to be appointed as follows:
(A) Three members shall be appointed by the Majority
Leader of the Senate.
H. R. 2673—434
(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 provi-
sions 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
H. R. 2673—435
and the President on recommendations for a program to greatly
expand the opportunity for students at institutions of higher edu-
cation 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 Univer-
sity of Southern Mississippi Rural Law Enforcement Training Initia-
tive, $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 des-
tination transportation, $8,000,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 2004/2008’’:
Outfitting, post delivery, conversions, and first des-
tination 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:
H. R. 2673—436
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 fol-
lowing:
‘‘(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 subpara-
graph 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 sub-
section (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 estab-
lished 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 Appropria-
tions 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
H. R. 2673—437
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 Mate-
rials 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 appro-
priations 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 des-
ignated as the ‘‘C. W. Bill Young Department of Veterans Affairs
Medical Center’’. Any reference in any law, regulation, map, docu-
ment, 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 Cen-
tral 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
H. R. 2673—438
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 Rich-
mond 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 fol-
lows:
‘‘(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 Still-
water, 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 Univer-
sity 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 here-
after, may not be obligated to pay, on behalf of the United States
or a contractor or subcontractor of the United States, to post a
bond or fulfill any other financial responsibility requirement
relating to closure or post-closure care and monitoring of Sandia
National Laboratories and properties held or managed by Sandia
National Laboratories prior to implementation of closure or post-
closure monitoring. The State of New Mexico or any other entity
may not enforce against the United States or a contractor or subcon-
tractor of the United States, in this year or any other fiscal year,
a requirement to post bond or any other financial responsibility