[108th Congress Public Law 199]
[From the U.S. Government Printing Office]
[DOCID: f:publ199.108]
[[Page 118 STAT. 3]]
Public Law 108-199
108th Congress
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 2004, and for other purposes. <<NOTE: Jan. 23,
2003 - [H.R. 2673]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Consolidated Appropriations
Act, 2004.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2004''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2004
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS, 2004
Title I--Department of Justice
Title II--Department of Commerce and Related Agencies
Title III--The Judiciary
Title IV--Department of State and Related Agency
Title V--Related Agencies
Title VI--General Provisions
Title VII--Rescissions
Title VIII--Alaskan Fisheries
DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2004
Title I--Federal Funds
Title II--District of Columbia Funds
Title III--DC School Choice Incentive Act of 2003
Title IV--General Provisions
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS, 2004
Title I--Export and Investment Assistance
Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance
[[Page 118 STAT. 4]]
Title V--General Provisions
Title VI--Millennium Challenge Act of 2003
DIVISION E--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS, 2004
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION F--TRANSPORTATION, TREASURY, AND INDEPENDENT AGENCIES
APPROPRIATIONS, 2004
Title I--Department of Transportation
Title II--Department of the Treasury
Title III--Executive Office of the President and Funds Appropriated to
the President
Title IV--Independent Agencies
Title V--General Provisions
Title VI--General Provisions--Departments, Agencies, and Corporations
DIVISION G--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES APPROPRIATIONS, 2004
Title I--Department of Veterans Affairs
Title II--Department of Housing and Urban Development
Title III--Independent Agencies
Title IV--General Provisions
Title V--Pesticide Products and Fees
DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2004.>> RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2004
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 2004, and for other purposes.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies programs for the
fiscal year ending September 30, 2004, and for other purposes, namely:
[[Page 118 STAT. 5]]
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $5,092,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary.
Executive Operations
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, energy and new uses,
and the functions of the World Agricultural Outlook Board, as authorized
by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), $8,707,000.
For necessary expenses of the National Appeals Division,
$13,670,000.
For necessary expenses of the Office of Budget and Program Analysis,
$7,740,000.
For necessary expenses of the Homeland Security Staff, $499,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $15,493,000.
For necessary expenses to acquire a Common Computing Environment for
the Natural Resources Conservation Service, the Farm and Foreign
Agricultural Service and Rural Development mission areas for information
technology, systems, and services, $119,289,000, to remain available
until expended, for the capital asset acquisition of shared information
technology systems, including services as authorized by 7 U.S.C. 6915-16
and 40 U.S.C. 1421-28: Provided, That obligation of these funds shall be
consistent with the Department of Agriculture Service Center
Modernization Plan of the county-based agencies, and shall be with the
concurrence of the Department's Chief Information Officer.
[[Page 118 STAT. 6]]
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
$5,684,000: Provided, That the Chief Financial Officer shall actively
market and expand cross-servicing activities of the National Finance
Center: Provided further, That <<NOTE: Reports.>> no funds made
available by this appropriation may be obligated for FAIR Act or
Circular A-76 activities until the Secretary has submitted to the
Committees on Appropriations of both Houses of Congress a report on the
Department's contracting out policies, including agency budgets for
contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary salaries and expenses of the Office of the Assistant
Secretary for Civil Rights, $808,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $17,450,000.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration, $673,000.
Agriculture Buildings and Facilities and Rental Payments
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, as follows: for payments to the General Services
Administration, $123,910,000, and for buildings operations and
maintenance, $32,559,000, to remain available until expended: Provided,
That not to exceed 5 percent of amounts which are made available for
space rental and related costs for the Department of Agriculture in this
Act may be transferred between such appropriations to cover the costs of
new or replacement space 15 days after notice thereof is transmitted to
the Appropriations Committees of both Houses of Congress.
Hazardous Materials Management
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.),
[[Page 118 STAT. 7]]
$15,611,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Materials Management may be transferred to any agency of the
Department for its use in meeting all requirements pursuant to the above
Acts on Federal and non-Federal lands.
Departmental Administration
For Departmental Administration, $23,031,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses not otherwise
provided for and necessary for the practical and efficient work of the
Department: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.
Office of the Assistant Secretary for Congressional Relations
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,796,000: Provided, That these
funds may be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level: Provided
further, That no funds made available by this appropriation may be
obligated after 30 days from the date of enactment of this Act, unless
the Secretary has notified the Committees on Appropriations of both
Houses of Congress on the allocation of these funds by USDA agency:
Provided further, That no other funds appropriated to the Department by
this Act shall be available to the Department for support of activities
of congressional relations.
Office of Communications
For necessary expenses to carry out services relating to the
coordination of programs involving public affairs, for the dissemination
of agricultural information, and the coordination of information, work,
and programs authorized by Congress in the Department, $9,228,000:
Provided, That not to exceed $2,000,000 may be used for farmers'
bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$77,281,000, including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons pursuant to
section 6(a)(9) of the Inspector General Act of 1978, and including not
to exceed $125,000 for certain confidential operational expenses,
including the payment of informants,
[[Page 118 STAT. 8]]
to be expended under the direction of the Inspector General pursuant to
Public Law 95-452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$34,700,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$596,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$71,402,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and improvements,
marketing surveys, and the Census of Agriculture, as authorized by 7
U.S.C. 1621-1627 and 2204g, and other laws, $128,922,000, of which up to
$25,279,000 shall be available until expended for the Census of
Agriculture.
Agricultural Research Service
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $1,088,892,000: Provided, That <<NOTE: 7 USC
2254.>> appropriations hereunder shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for the construction, alteration,
and repair of buildings and improvements, but unless otherwise provided,
the cost of constructing any one building shall not exceed $375,000,
except for headhouses or greenhouses which shall each be limited to
$1,200,000, and except
[[Page 118 STAT. 9]]
for 10 buildings to be constructed or improved at a cost not to exceed
$750,000 each, and the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement value
of the building or $375,000, whichever is greater: Provided further,
That the limitations on alterations contained in this Act shall not
apply to modernization or replacement of existing facilities
at <<NOTE: Maryland.>> Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting easements at
the Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings needed
to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided
further, That funds may be received from any State, other political
subdivision, organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law: Provided further,
That <<NOTE: Colorado State University.>> all rights and title of the
United States in the 1.0664-acre parcel of land including improvements,
as recorded at Book 1320, Page 253, records of Larimer County, State of
Colorado, shall be conveyed to the Board of Governors of the Colorado
State University for the benefit of Colorado State University.
None of the funds appropriated under this heading shall be available
to carry out research related to the production, processing or marketing
of tobacco or tobacco products.
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $63,810,000, to
remain available until expended.
Cooperative State Research, Education, and Extension Service
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$621,447,000, as follows: to carry out the provisions of the Hatch Act
of 1887 (7 U.S.C. 361a-i), $180,148,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $21,884,000; for
payments to the 1890 land-grant colleges, including Tuskegee University
and West Virginia State College (7 U.S.C. 3222), $36,000,000, of which
$1,507,496 shall be made available only for the purpose of ensuring that
each institution shall receive no less than $1,000,000; for special
grants for agricultural research (7 U.S.C. 450i(c)), $111,312,000; for
special grants for agricultural research on improved pest control (7
U.S.C. 450i(c)), $13,675,000; for competitive research grants (7 U.S.C.
450i(b)), $165,000,000; for the support of animal health and disease
programs (7 U.S.C. 3195), $4,559,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $1,069,000; for grants for research
pursuant to the Critical Agricultural Materials Act (7 U.S.C. 178 et
seq.), $1,118,000, to remain available until expended; for the 1994
research grants program for 1994 institutions pursuant to section 536 of
Public Law 103-382 (7 U.S.C. 301 note), $1,093,000, to
[[Page 118 STAT. 10]]
remain available until expended; for rangeland research grants (7 U.S.C.
3333), $900,000; for higher education graduate fellowship grants (7
U.S.C. 3152(b)(6)), $2,900,000, to remain available until expended (7
U.S.C. 2209b); for higher education challenge grants (7 U.S.C.
3152(b)(1)), $4,888,000; for a higher education multicultural scholars
program (7 U.S.C. 3152(b)(5)), $992,000, to remain available until
expended (7 U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $4,673,000; for noncompetitive
grants for the purpose of carrying out all provisions of 7 U.S.C. 3242
(section 759 of Public Law 106-78) to individual eligible institutions
or consortia of eligible institutions in Alaska and in Hawaii, with
funds awarded equally to each of the States of Alaska and Hawaii,
$3,150,000; for a secondary agriculture education program and 2-year
post-secondary education (7 U.S.C. 3152(j)), $895,000; for aquaculture
grants (7 U.S.C. 3322), $4,024,000; for sustainable agriculture research
and education (7 U.S.C. 5811), $12,295,000; for a program of capacity
building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive
funds under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328),
including Tuskegee University and West Virginia State College,
$11,479,000, to remain available until expended (7 U.S.C. 2209b); for
payments to the 1994 Institutions pursuant to section 534(a)(1) of
Public Law 103-382, $1,689,000; and for necessary expenses of Research
and Education Activities, $37,704,000.
None of the funds appropriated under this heading shall be available
to carry out research related to the production, processing or marketing
of tobacco or tobacco products: Provided, That this paragraph shall not
apply to research on the medical, biotechnological, food, and industrial
uses of tobacco.
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $9,000,000.
For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa,
$441,731,000, as follows: payments for cooperative extension work under
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of
said Act, and under section 208(c) of Public Law 93-471, for retirement
and employees' compensation costs for extension agents, $279,390,000;
payments for extension work at the 1994 Institutions under the Smith-
Lever Act (7 U.S.C. 343(b)(3)), $2,946,000; payments for the nutrition
and family education program for low-income areas under section 3(d) of
the Act, $52,366,000; payments for the pest management program under
section 3(d) of the Act, $9,620,000; payments for the farm safety
program under section 3(d) of the Act, $4,940,000; payments to upgrade
research, extension, and teaching facilities at the 1890 land-grant
colleges, including Tuskegee University and West Virginia State College,
as authorized by section 1447 of Public Law 95-113 (7 U.S.C. 3222b),
$15,000,000, to remain available until expended; payments for youth-at-
risk programs under section 3(d) of the Smith-Lever Act, $7,583,000; for
youth farm safety education and certification extension grants, to be
awarded competitively under section 3(d) of the Act, $446,000; payments
for carrying
[[Page 118 STAT. 11]]
out the provisions of the Renewable Resources Extension Act of 1978 (16
U.S.C. 1671 et seq.), $4,064,000; payments for Indian reservation agents
under section 3(d) of the Smith-Lever Act, $1,785,000; payments for
sustainable agriculture programs under section 3(d) of the Act,
$4,359,000; payments for rural health and safety education as authorized
by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), $2,345,000;
payments for cooperative extension work by the colleges receiving the
benefits of the second Morrill Act (7 U.S.C. 321-326 and 328) and
Tuskegee University and West Virginia State College, $31,908,000, of
which $1,724,884 shall be made available only for the purpose of
ensuring that each institution shall receive no less than $1,000,000;
for grants to youth organizations pursuant to section 7630 of title 7,
United States Code, $2,683,000; and for necessary expenses of Extension
Activities, $22,296,000.
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $50,493,000, as
follows: for competitive grants programs authorized under section 406 of
the Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7626), $39,793,000, including $11,598,000 for the water
quality program, $13,384,000 for the food safety program, $4,052,000 for
the regional pest management centers program, $4,371,000 for the Food
Quality Protection Act risk mitigation program for major food crop
systems, $1,338,000 for the crops affected by Food Quality Protection
Act implementation, $3,150,000 for the methyl bromide transition
program, and $1,900,000 for the organic transition program; for a
competitive international science and education grants program
authorized under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $900,000; for grants programs authorized under
section 2(c)(1)(B) of Public Law 89-106, as amended, $1,800,000,
including $447,000, to remain available until September 30, 2005 for the
critical issues program, and $1,353,000 for the regional rural
development centers program; and $8,000,000 for the homeland security
program authorized under section 1484 of the National Agricultural
Research, Extension, and Teaching Act of 1977, to remain available until
September 30, 2005.
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$5,970,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service; the Agricultural Marketing Service; and the Grain
Inspection, Packers and Stockyards Administration, $725,000.
[[Page 118 STAT. 12]]
Animal and Plant Health Inspection Service
For expenses, not otherwise provided for, necessary to prevent,
control, and eradicate pests and plant and animal diseases; to carry out
inspection, quarantine, and regulatory activities; and to protect the
environment, as authorized by law, $720,580,000, of which $4,112,000
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds to
the extent necessary to meet emergency conditions; of which $51,000,000
shall be used for the boll weevil eradication program for cost share
purposes or for debt retirement for active eradication zones: Provided,
That no funds shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent: Provided further,
That this appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed four, of which
two shall be for replacement only: Provided further, That, in addition,
in emergencies which threaten any segment of the agricultural production
industry of this country, the Secretary may transfer from other
appropriations or funds available to the agencies or corporations of the
Department such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious or
infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the Animal
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended
balances of funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred amounts:
Provided further, That appropriations hereunder shall be available
pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
In fiscal year 2004, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $4,996,000, to
remain available until expended.
[[Page 118 STAT. 13]]
Agricultural Marketing Service
For necessary expenses to carry out services related to consumer
protection, agricultural marketing and distribution, transportation, and
regulatory programs, as authorized by law, and for administration and
coordination of payments to States, $75,430,000, including funds for the
wholesale market development program for the design and development of
wholesale and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building: Provided
further, <<NOTE: Certificates.>> That, in the case of the term of
protection for the variety for which certificate number 8200179 was
issued, on the date of enactment of this Act, the Secretary of
Agriculture shall issue a new certificate for a term of protection of 10
years for the variety, except that the Secretary may terminate the
certificate (at the end of any calendar year that is more than 5 years
after the date of issuance of the certificate) if the Secretary
determines that a new variety of seed (that is substantially based on
the genetics of the variety for which the certificate was issued) is
commercially viable and available in sufficient quantities to meet
market demands.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
Not to exceed $62,577,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses:
Provided, <<NOTE: Notification. Funds for Strengthening Markets, Income,
and Supply (Section 32) (including transfers of funds)>> That if crop
size is understated and/or other uncontrollable events occur, the agency
may exceed this limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $15,392,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946
[[Page 118 STAT. 14]]
(7 U.S.C. 1623(b)), $3,338,000, of which not less than $2,000,000 shall
be used to make noncompetitive grants under this heading.
Grain Inspection, Packers and Stockyards Administration
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain under
the Agricultural Marketing Act of 1946, $35,890,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, <<NOTE: Notification.>> That if grain export activities
require additional supervision and oversight, or other uncontrollable
factors occur, this limitation may be exceeded by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the Congress
for the Food Safety and Inspection Service, $599,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $784,511,000, of which no
less than $701,823,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this account
from fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture, Conservation and
Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 50 full
time equivalent positions above the fiscal year 2002 level shall be
employed during fiscal year 2004 for purposes dedicated solely to
inspections and enforcement related to the Humane Methods of Slaughter
Act: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
[[Page 118 STAT. 15]]
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $635,000.
Farm Service Agency
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$988,768,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to and
merged with this account.
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987, as amended (7 U.S.C. 5101-5106), $3,974,000.
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, $100,000, to remain available until expended:
Provided, That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-12).
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from
funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,079,158,000, of which $950,000,000 shall be for
guaranteed loans and $129,158,000 shall be for direct loans; operating
loans, $2,083,752,000, of which $1,200,000,000 shall be for unsubsidized
guaranteed loans, $266,249,000 shall be for subsidized guaranteed loans
and $617,503,000 shall be for direct loans; Indian tribe land
acquisition loans, $2,000,000; and for boll weevil eradication program
loans, $100,000,000.
[[Page 118 STAT. 16]]
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $33,648,000, of which
$5,130,000 shall be for guaranteed loans, and $28,518,000 shall be for
direct loans; operating loans, $163,004,000, of which $39,960,000 shall
be for unsubsidized guaranteed loans, $34,000,000 shall be for
subsidized guaranteed loans, and $89,044,000 shall be for direct loans.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $290,968,000, of which $283,020,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these programs:
Provided, <<NOTE: Notification. Deadline.>> That the Committees on
Appropriations of both Houses of Congress are notified at least 15 days
in advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by section
226A of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933), $71,422,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11).
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and
[[Page 118 STAT. 17]]
cleanup expenses, and operations and maintenance expenses to comply with
the requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural Resources
Conservation Service, $745,000.
Natural Resources Conservation Service
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$853,004,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $9,250,000 is for snow survey and water forecasting,
and not less than $11,500,000 is for operation and establishment of the
plant materials centers, and of which not less than $23,500,000 shall be
for the grazing lands conservation initiative: Provided, That
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements at
plant materials centers, except that the cost of alterations and
improvements to other buildings and other public improvements shall not
exceed $250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to use such
land is obtained as provided in 7 U.S.C. 2250a: Provided further, That
this appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section 202(c) of
title II of the Colorado River Basin Salinity Control Act of 1974 (43
U.S.C. 1592(c)): Provided further, That qualified local engineers may be
temporarily employed at per diem rates to perform the technical planning
work of the Service: Provided further, That none of the funds made
available under this paragraph by this or any other appropriations Act
may be used to provide technical assistance
[[Page 118 STAT. 18]]
with respect to programs listed in section 1241(a) of the Food Security
Act of 1985 (16 U.S.C. 3841(a)).
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $10,562,000:
Provided, That none of the funds made available under this paragraph by
this or any other appropriations Act may be used to provide technical
assistance with respect to programs listed in section 1241(a) of the
Food Security Act of 1985 (16 U.S.C. 3841(a)).
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in
accordance with the provisions of laws relating to the activities of the
Department, $87,000,000, to remain available until expended; of which up
to $10,000,000 may be available for the watersheds authorized under the
Flood Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a): Provided, That
not to exceed $40,000,000 of this appropriation shall be available for
technical assistance: Provided further, That not to exceed $1,000,000 of
this appropriation is available to carry out the purposes of the
Endangered Species Act of 1973 (Public Law 93-205), including
cooperative efforts as contemplated by that Act to relocate endangered
or threatened species to other suitable habitats as may be necessary to
expedite project construction: Provided further, That none of the funds
made available under this paragraph by this or any other appropriations
Act may be used to provide technical assistance with respect to programs
listed in section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)).
For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
provisions of laws relating to the activities of the Department,
$29,805,000, to remain available until expended: Provided, That none of
the funds made available under this paragraph by this or any other
appropriations Act may be used to provide technical assistance with
respect to programs listed in section 1241(a) of the Food Security Act
of 1985 (16 U.S.C. 3841(a)).
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16
U.S.C. 590a-f); and subtitle H of title
[[Page 118 STAT. 19]]
XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451-3461),
$51,947,000, to remain available until expended: Provided, That none of
the funds made available under this paragraph by this or any other
appropriations Act may be used to provide technical assistance with
respect to programs listed in section 1241(a) of the Food Security Act
of <<NOTE: Contracts.>> 1985 (16 U.S.C. 3841(a)): Provided further, That
the Secretary shall enter into a cooperative or contribution agreement
with a national association regarding a Resource Conservation and
Development program and such agreement shall contain the same matching,
contribution requirements, and funding level, set forth in a similar
cooperative or contribution agreement with a national association in
fiscal year 2002: Provided further, That not to exceed $3,504,300, the
same amount as in the budget, shall be available for national
headquarters activities.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $636,000.
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act, $757,425,000, to remain available until expended, of which
$75,919,000 shall be for rural community programs described in section
381E(d)(1) of such Act; of which $605,006,000 shall be for the rural
utilities programs described in sections 381E(d)(2), 306C(a)(2), and
306D of such Act, of which not to exceed $500,000 shall be available for
the rural utilities program described in section 306(a)(2)(B) of such
Act, and of which not to exceed $1,000,000 shall be available for the
rural utilities program described in section 306E of such Act; and of
which $76,500,000 shall be for the rural business and cooperative
development programs described in sections 381E(d)(3) and 310B(f) of
such Act: Provided, That of the amount appropriated for rural business
and cooperative development programs, $100,000 shall be for a pilot
program in the State of Alaska to assist communities with community
planning: Provided further, That of the total amount appropriated in
this account, $24,000,000 shall be for loans and grants to benefit
federally recognized Native American tribes, including grants for
drinking water and waste disposal systems pursuant to section 306C of
such Act, of which $4,000,000 shall be available for community
facilities grants to tribal colleges, as authorized by section
306(a)(19) of the Consolidated Farm and Rural Development Act, and of
which $250,000 shall be available for a grant to a qualified national
organization to provide technical assistance for rural transportation in
order to promote economic development:
[[Page 118 STAT. 20]]
Provided further, That of the amount appropriated for rural community
programs, $6,000,000 shall be available for a Rural Community
Development Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private, nonprofit
community-based housing and community development organizations, low-
income rural communities, and federally recognized Native American
tribes to undertake projects to improve housing, community facilities,
community and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to carry out a
program of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That of the amount
appropriated for the rural business and cooperative development
programs, not to exceed $500,000 shall be made available for a grant to
a qualified national organization to provide technical assistance for
rural transportation in order to promote economic development;
$1,750,000 shall be for grants to the Delta Regional Authority (7 U.S.C.
1921 et seq.); and not less than $2,000,000 shall be available for
grants in accordance with section 310B(f) of the Consolidated Farm and
Rural Development Act: Provided further, That of the amount appropriated
for rural utilities programs, not to exceed $25,000,000 shall be for
water and waste disposal systems to benefit the Colonias along the
United States/Mexico border, including grants pursuant to section 306C
of such Act; not to exceed $28,000,000 shall be for water and waste
disposal systems for rural and native villages in Alaska pursuant to
section 306D of such Act, with up to 1 percent available to administer
the program and up to 1 percent available to improve interagency
coordination may be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses'', of which $100,000 shall be
provided to develop a regional system for centralized billing,
operation, and management of rural water and sewer utilities through
regional cooperatives, of which 25 percent shall be provided for water
and sewer projects in regional hubs, and the State of Alaska shall
provide a 25 percent cost share; not to exceed $17,733,000 shall be for
technical assistance grants for rural water and waste systems pursuant
to section 306(a)(14) of such Act, of which $5,513,000 shall be for
Rural Community Assistance Programs; and not to exceed $13,000,000 shall
be for contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water systems:
Provided further, That of the amount appropriated for the circuit rider
program, Alaska shall receive two additional full circuit rider
contracts and not less than $750,000 shall be for contracting with
qualified national organizations to establish a Native American circuit
rider program to provide technical assistance for rural water systems:
Provided further, That of the total amount appropriated, not to exceed
$22,132,000 shall be available through June 30, 2004, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones; of which $1,000,000 shall be for the rural community programs
described in section 381E(d)(1) of such Act, of which $12,582,000 shall
be for the rural utilities programs described in section 381E(d)(2) of
such Act, and
[[Page 118 STAT. 21]]
of which $8,550,000 shall be for the rural business and cooperative
development programs described in section 381E(d)(3) of such Act:
Provided further, That of the amount appropriated for rural community
programs, not to exceed $22,000,000 shall be to provide grants for
facilities in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with 5 percent for
administration and capacity building in the State rural development
offices: Provided further, That of the amount appropriated, $28,000,000
shall be transferred to and merged with the ``Rural Utilities Service,
High Energy Cost Grants Account'' to provide grants authorized under
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a):
Provided further, That any prior year balances for high cost energy
grants authorized by section 19 of the Rural Electrification Act of 1936
(7 U.S.C. 901(19)) shall be transferred to and merged with the ``Rural
Utilities Service, High Energy Costs Grants Account''.
Rural Development Salaries and Expenses
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements,
$141,869,000: Provided, That notwithstanding any other provision of law,
funds appropriated under this section may be used for advertising and
promotional activities that support the Rural Development mission area:
Provided further, That not more than $10,000 may be expended to provide
modest nonmonetary awards to non-USDA employees: Provided further, That
any balances available from prior years for the Rural Utilities Service,
Rural Housing Service, and the Rural Business-Cooperative Service
salaries and expenses accounts shall be transferred to and merged with
this appropriation.
Rural Housing Service
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$4,091,634,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $1,366,462,000 shall be for direct loans, and of
which $2,725,172,000 shall be for unsubsidized guaranteed loans;
$35,004,000 for section 504 housing repair loans; $116,545,000 for
section 515 rental housing; $100,000,000 for section 538 guaranteed
multi-family housing loans; $5,045,000 for section 524 site loans;
$11,500,000 for credit sales of acquired property, of which up to
$1,500,000 may be for multi-family credit sales; and $2,400,000 for
section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans,
[[Page 118 STAT. 22]]
$165,921,000, of which $126,018,000 shall be for direct loans, and of
which $39,903,000, to remain available until expended, shall be for
unsubsidized guaranteed loans; section 504 housing repair loans,
$9,612,000; section 515 rental housing, $50,126,000; section 538 multi-
family housing guaranteed loans, $5,950,000; multi-family credit sales
of acquired property, $663,000; and section 523 self-help housing land
development loans, $75,000: Provided, That of the total amount
appropriated in this paragraph, $7,100,000 shall be available through
June 30, 2004, for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $443,302,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $584,000,000; and, in
addition, such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That of this amount, not more than $5,900,000 shall be
available for debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Act, and not to exceed $20,000
per project for advances to nonprofit organizations or public agencies
to cover direct costs (other than purchase price) incurred in purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided
further, <<NOTE: Contracts. Mutual and Self-Help Housing Grants>> That
agreements entered into or renewed during the current fiscal year shall
be funded for a 4-year period: Provided further, That any unexpended
balances remaining at the end of such 4-year agreements may be
transferred and used for the purposes of any debt reduction;
maintenance, repair, or rehabilitation of any existing projects;
preservation; and rental assistance activities authorized under title V
of the Act.
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available
until expended: Provided, That of the total amount appropriated,
$1,000,000 shall be available through June 30, 2004, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$46,222,000, to remain available until expended, of which
[[Page 118 STAT. 23]]
$5,000,000 shall be available for a processing and/or fishery workers
housing demonstration project in Alaska, Mississippi, Utah, and
Wisconsin: Provided, That of the total amount appropriated, $1,800,000
shall be available through June 30, 2004, for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones.
For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $36,307,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.
Rural Business--Cooperative Service
For the principal amount of direct loans, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), $40,000,000.
For the cost of direct loans, $17,308,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
shall be available through June 30, 2004, for Federally Recognized
Native American Tribes and of which $3,449,000 shall be available
through June 30, 2004, for the Delta Regional Authority (7 U.S.C. 1921
et seq.): Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That of the total amount
appropriated, $2,447,000 shall be available through June 30, 2004, for
the cost of direct loans for authorized empowerment zones and enterprise
communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,272,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$15,002,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$2,792,000.
Of the funds derived from interest on the cushion of credit payments
in the current fiscal year, as authorized by section 313 of the Rural
Electrification Act of 1936, $2,792,000 shall not be obligated and
$2,792,000 are rescinded.
[[Page 118 STAT. 24]]
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $24,000,000, of which $2,500,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $1,500,000 shall be for
cooperatives or associations of cooperatives whose primary focus is to
provide assistance to small, minority producers and whose governing
board and/or membership is comprised of at least 75 percent minority;
and of which not to exceed $15,000,000, to remain available until
expended, shall be for value-added agricultural product market
development grants, as authorized by section 6401 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 1621 note).
For grants in connection with second and third rounds of empowerment
zones and enterprise communities, $12,667,000, to remain available until
expended, for designated rural empowerment zones and rural enterprise
communities, as authorized by the Taxpayer Relief Act of 1997 and the
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277): Provided, That of the funds appropriated,
$1,000,000 shall be made available to third round empowerment zones, as
authorized by the Community Renewal Tax Relief Act (Public Law 106-554).
For the cost of a program of direct loans, loan guarantees, and
grants, under the same terms and conditions as authorized by section
9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8106), $23,000,000 for direct and guaranteed renewable energy loans and
grants: Provided, That the cost of direct loans and loan guarantees,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
Rural Utilities Service
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $240,000,000; municipal rate rural
electric loans, $1,000,000,000; loans made pursuant to section 306 of
that Act, rural electric, $2,000,000,000; Treasury rate direct electric
loans, $750,000,000; 5 percent rural telecommunications loans,
$145,000,000; cost of money rural telecommunications loans,
$250,000,000; loans made pursuant to section 306 of that Act, rural
telecommunications loans, $120,000,000; and for guaranteed underwriting
loans pursuant to section 313A, $1,000,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct
[[Page 118 STAT. 25]]
and guaranteed loans authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of
rural electric loans, $60,000, and the cost of telecommunication loans,
$125,000: Provided, That notwithstanding section 305(d)(2) of the Rural
Electrification Act of 1936, borrower interest rates may exceed 7
percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $37,853,000 which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs. During fiscal year 2004 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $173,503,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,171,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
For the principal amount of direct distance learning and
telemedicine loans, $300,000,000; and for the principal amount of direct
broadband telecommunication loans, $602,000,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $39,000,000, to remain
available until expended: Provided, That $14,000,000 shall be made
available to convert analog to digital operation those noncommercial
educational television broadcast stations that serve rural areas and are
qualified for Community Service Grants by the Corporation for Public
Broadcasting under section 396(k) of the Communications Act of 1934,
including associated translators, repeaters, and studio-to-transmitter
links.
For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
seq., $13,116,000: Provided, That the interest rate for such loans shall
be the cost of borrowing to the Department of the Treasury for
obligations of comparable maturity: Provided further, That the cost of
direct loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $9,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
[[Page 118 STAT. 26]]
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$599,000.
Food and Nutrition Service
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$11,417,441,000, to remain available through September 30, 2005, of
which $6,717,780,000 is hereby appropriated and $4,699,661,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, <<NOTE: Study. Special
Supplemental Nutrition Program for Women, Infants, and Children
(WIC)>> That $5,000,000 shall be available for the Food and Nutrition
Service to conduct a study of over and under certification errors and
the effect on expenditures in the National School Lunch and School
Breakfast Programs and an assessment of the feasibility of using income
data matching in those programs: Provided further, That except as
specifically provided under this heading, none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That up to $5,235,000 shall be available for
independent verification of school food service claims.
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $4,639,232,000, to remain available through
September 30, 2005: Provided, That of the total amount available, the
Secretary shall obligate not less than $15,000,000 for a breastfeeding
support initiative in addition to the activities specified in section
17(h)(3)(A) and up to $25,000,000 for a management information system
initiative upon a determination by the Secretary that funds are
available to meet caseload requirements: Provided further, That up to
$4,000,000 shall be available for pilot projects to prevent childhood
obesity upon a determination by the Secretary that funds are available
to meet caseload requirements: Provided further, That of the total
amount available, the Secretary shall obligate $23,000,000 for the
farmers' market nutrition program: Provided further, That
notwithstanding section 17(h)(10)(A) of such Act, $14,000,000 shall be
available for the purposes specified in section 17(h)(10)(B): Provided
further, That none of the funds made available under this heading shall
be used for studies and evaluations: Provided further, That none of the
funds in this Act shall be available to pay administrative expenses of
WIC clinics
[[Page 118 STAT. 27]]
except those that have an announced policy of prohibiting smoking within
the space used to carry out the program: Provided further, That none of
the funds provided in this account shall be available for the purchase
of infant formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of such Act:
Provided further, That none of the funds provided shall be available for
activities that are not fully reimbursed by other Federal Government
departments or agencies unless authorized by section 17 of such Act.
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $30,945,981,000, of which $3,000,000,000 shall be placed
in reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That none of the
funds made available under this heading shall be used for studies and
evaluations: Provided further, <<NOTE: Bison meat. Commodity Assistance
Program>> That of the funds made available under this heading and not
already appropriated to the Food Distribution Program on Indian
Reservations (FDPIR) established under section 4(b) of the Food Stamp
Act of 1977 (7 U.S.C. 2013(b)), not to exceed $4,000,000 shall be used
to purchase bison meat for the FDPIR from Native American bison
producers as well as from producer-owned cooperatives of bison ranchers:
Provided further, That funds provided herein shall be expended in
accordance with section 16 of the Food Stamp Act: Provided further, That
this appropriation shall be subject to any work registration or workfare
requirements as may be required by law: Provided further, That funds
made available for Employment and Training under this heading shall
remain available until expended, as authorized by section 16(h)(1) of
the Food Stamp Act.
For necessary expenses to carry out disaster assistance and the
commodity supplemental food program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; and special assistance (in a
form determined by the Secretary of Agriculture) for the nuclear
affected islands, as authorized by section 103(h)(2) of the Compact of
Free Association Act of 1985 (48 U.S.C. 1903(h)(2)) (or a successor
law), $150,000,000, to remain available through September 30, 2005:
Provided, That none of these funds shall be available to reimburse the
Commodity Credit Corporation for commodities donated to the program.
For necessary administrative expenses of the domestic nutrition
assistance programs funded under this Act, $138,304,000, of which
$5,000,000 shall be available only for simplifying procedures, reducing
overhead costs, tightening regulations, improving food stamp benefit
delivery, and assisting in the prevention, identification, and
prosecution of fraud and other violations of law; and of which not less
than $4,000,000 shall be available to improve integrity in the Food
Stamp and Child Nutrition programs.
[[Page 118 STAT. 28]]
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1769), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $158,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $132,148,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance programs
of the United States Agency for International Development.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of agreements under the Agricultural Trade Development and
Assistance Act of 1954, and the Food for Progress Act of 1985, including
the cost of modifying credit arrangements under said Acts, $103,887,000,
to remain available until expended.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83-480, and the Food for Progress Act of
1985, to the extent funds appropriated for Public Law 83-480 are
utilized, $2,134,000, of which $1,075,000 may be transferred to and
merged with the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses'', and of which $1,059,000 may be transferred to
and merged with the appropriation for ``Farm Service Agency, Salaries
and Expenses''.
For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural Trade
Development and Assistance Act of 1954 and under the Food for Progress
Act of 1985, $28,000,000, to remain available until expended:
Provided, <<NOTE: Notification. Public Law 480 Title II Grants>> That
funds made available for the cost of agreements under title I of the
Agricultural Trade Development and Assistance Act of 1954 and for title
I ocean freight differential may be used interchangeably between the two
accounts with prior notice to the Committees on Appropriations of both
Houses of Congress.
[[Page 118 STAT. 29]]
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, for commodities supplied in connection with dispositions abroad
under title II of said Act, $1,192,000,000, to remain available until
expended.
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $50,000,000, to remain available until expended: Provided, That the
Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $4,152,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $3,306,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $846,000 may
be transferred to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $1,673,441,000: Provided, That of the amount provided under
this heading, $249,825,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to this account
and remain available until expended; $31,654,000 shall be derived from
medical device
[[Page 118 STAT. 30]]
user fees authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; and $5,000,000 shall be
derived from animal drug user fees (subject to enactment of legislation
authorizing such fees), and shall be credited to this account and remain
available until expended: Provided further, That fees derived from
prescription drug, medical device, and animal drug assessments received
during fiscal year 2004, including any such fees assessed prior to the
current fiscal year but credited during the current year, shall be
subject to the fiscal year 2004 limitation: Provided further, That none
of these funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided further,
That of the total amount appropriated: (1) $413,112,000 shall be for the
Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2) $477,966,000 shall
be for the Center for Drug Evaluation and Research and related field
activities in the Office of Regulatory Affairs; (3) $169,429,000 shall
be for the Center for Biologics Evaluation and Research and for related
field activities in the Office of Regulatory Affairs; (4) $89,396,000
shall be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $209,420,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $39,887,000
shall be for the National Center for Toxicological Research; (7)
$39,276,000 shall be for Rent and Related activities, other than the
amounts paid to the General Services Administration for rent; (8)
$119,594,000 shall be for payments to the General Services
Administration for rent; and (9) $115,361,000 shall be for other
activities, including the Office of the Commissioner; the Office of
Management and Systems; the Office of External Relations; the Office of
Policy and Planning; and central services for these offices: Provided
further, That funds may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b may
be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until expended.
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $7,000,000 to remain
available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $90,435,000,
including not to exceed $3,000 for official reception and representation
expenses.
[[Page 118 STAT. 31]]
Farm Credit Administration
Not to exceed $40,900,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the
current fiscal year under this Act shall be available for the purchase,
in addition to those specifically provided for, of not to exceed 398
passenger motor vehicles, of which 396 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Funds appropriated by this Act shall be available for
employment pursuant to the second sentence of section 706(a) of the
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5
U.S.C. 3109.
Sec. 704. The Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or other
available unobligated discretionary balances of the Department of
Agriculture to the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture: Provided, That none of
the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without the prior approval of the Committees
on Appropriations of both Houses of Congress.
Sec. 705. <<NOTE: 7 USC 2209b.>> New obligational authority provided
for the following appropriation items in this Act shall remain available
until expended: Animal and Plant Health Inspection Service, the
contingency fund to meet emergency conditions, information technology
infrastructure, fruit fly program, emerging plant pests, boll weevil
program, and up to 25 percent of the screwworm program; Food Safety and
Inspection Service, field automation and information management project;
Cooperative State Research, Education, and Extension Service, funds for
competitive research grants (7 U.S.C. 450i(b)), funds for the Research,
Education, and Economics Information System (REEIS), and funds for the
Native American Institutions Endowment Fund; Farm Service Agency,
salaries and expenses funds made available to county committees; Foreign
Agricultural Service, middle-income country training program and up to
$2,000,000 of the Foreign Agricultural Service appropriation solely for
the purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign Agricultural
Service.
[[Page 118 STAT. 32]]
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to section 606C
of the Act of August 28, 1954 (7 U.S.C. 1766b).
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 710. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 20 percent of
total Federal funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the Cooperative
State Research, Education, and Extension Service shall be available to
pay full allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 712. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to cover obligations made in
the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Telephone Bank program
account, the Rural Electrification and Telecommunication Loans program
account, the Rural Housing Insurance Fund program account, and the Rural
Economic Development Loans program account.
Sec. 713. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and
[[Page 118 STAT. 33]]
such balance shall receive interest as set forth for financial accounts
in section 505(c) of the Federal Credit Reform Act of 1990.
Sec. 714. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 715. None of the funds appropriated by this Act may be used to
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
Sec. 716. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 717. None of the funds appropriated or otherwise made available
to the Department of Agriculture shall be used to transmit or otherwise
make available to any non-Department of Agriculture employee questions
or responses to questions that are a result of information requested for
the appropriations hearing process.
Sec. 718. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committees on
Appropriations of both Houses of Congress.
Sec. 719. (a) <<NOTE: Notifications. Deadlines.>> None of the funds
provided by this Act, or provided by previous Appropriations Acts to the
agencies funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any accounts in
the Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds which: (1)
creates new programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes offices, programs, or
activities; or (6) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
Committees on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or
[[Page 118 STAT. 34]]
expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever is
less, that: (1) augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved by Congress;
or (3) results from any general savings from a reduction in personnel
which would result in a change in existing programs, activities, or
projects as approved by Congress; unless the Committees on
Appropriations of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify the Committees on Appropriations of both Houses of Congress
before implementing a program or activity not carried out during the
previous fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
Sec. 720. With the exception of funds needed to administer and
conduct oversight of grants awarded and obligations incurred in prior
fiscal years, none of the funds appropriated or otherwise made available
by this or any other Act may be used to pay the salaries and expenses of
personnel to carry out the provisions of section 401 of Public Law 105-
185, the Initiative for Future Agriculture and Food Systems (7 U.S.C.
7621).
Sec. 721. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's Budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2005 appropriations Act.
Sec. 722. None of the funds made available by this or any other Act
may be used to close or relocate a State Rural Development office unless
or until cost effectiveness and enhancement of program delivery have
been determined.
Sec. 723. In addition to amounts otherwise appropriated or made
available by this Act, $3,000,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships, as
authorized by Public Law 108-58.
Sec. 724. Notwithstanding section 412 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736f), any balances
available to carry out title III of such Act as of the date of enactment
of this Act, and any recoveries and reimbursements that become available
to carry out title III of such Act, may be used to carry out title II of
such Act.
Sec. 725. <<NOTE: HIV/AIDS.>> Of any shipments of commodities made
pursuant to section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Secretary of Agriculture shall, to the extent practicable,
direct that tonnage equal in value to not more than $25,000,000 shall
[[Page 118 STAT. 35]]
be made available to foreign countries to assist in mitigating the
effects of the Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency Virus or
Acquired Immune Deficiency Syndrome in the communities;
and
(B) households in the communities, particularly
individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and
microenterprise programs) to create or restore sustainable
livelihoods among individuals in the communities, particularly
individuals caring for orphaned children.
Sec. 726. Section 375(e)(6)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking
``$26,499,000'' and inserting ``$26,998,000''.
Sec. 727. Notwithstanding any other provision of law, the Natural
Resources Conservation Service may provide financial and technical
assistance through the Watershed and Flood Prevention Operations program
for the Kuhn Bayou and Ditch 26 Improvement projects in Arkansas, the
Matanuska River erosion control project in Alaska, the DuPage County
Sawmill Creek Watershed project in Illinois, and the Coal Creek project
in Utah, and four flood control structures in Marmaton, Kansas.
Sec. 728. <<NOTE: State listing.>> Notwithstanding any other
provision of law, the Secretary shall consider the County of Lawrence,
Ohio; the City of Havelock, North Carolina; the City of Portsmouth,
Ohio; the City of Binghamton, New York; the Town of Vestal, New York;
the City of Ithaca, New York; the City of Casa Grande, Arizona; the City
of Clarksdale, Mississippi; the City of Coachella, California; the City
of Salinas, California; the City of Watsonville, California; the City of
Hollister, California; the Municipality of Carolina, Puerto Rico; and
the City of Kinston, North Carolina, as meeting the eligibility
requirements for loans and grants programs in the Rural Development
mission area.
Sec. 729. <<NOTE: Illinois. Kentucky.>> Notwithstanding any other
provision of law, the Natural Resources Conservation Service shall
provide financial and technical assistance to the DuPage County,
Illinois, Kress Creek Watershed Plan, from funds available for the
Watershed and Flood Prevention Operations program, not to exceed
$1,600,000 and Rockhouse Creek Watershed, Leslie County, Kentucky, not
to exceed $1,000,000.
Sec. 730. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriation Act.
Sec. 731. <<NOTE: Missouri.>> None of the funds made available to
the Food and Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St. Louis,
Missouri, outside the city or county limits of St. Louis, Missouri.
Sec. 732. Agencies and offices of the Department of Agriculture may
utilize any unobligated salaries and expenses funds to reimburse the
Office of the General Counsel for salaries and
[[Page 118 STAT. 36]]
expenses of personnel, and for other related expenses, incurred in
representing such agencies and offices in the resolution of complaints
by employees or applicants for employment, and in cases and other
matters pending before the Equal Employment Opportunity Commission, the
Federal Labor Relations Authority, or the Merit Systems Protection Board
with the prior approval of the Committees on Appropriations of both
Houses of Congress.
Sec. 733. Notwithstanding any other provision of law, of the funds
made available in this Act for competitive research grants (7 U.S.C.
450i(b)), the Secretary may use up to 20 percent of the amount provided
to carry out a competitive grants program under the same terms and
conditions as those provided in section 401 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621),
including requests for proposals for grants for critical emerging issues
described in section 401(c)(1) of that Act for which the Secretary has
not issued requests for proposals for grants in fiscal year 2002 or
2003.
Sec. 734. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 14(h)(1) of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 735. <<NOTE: West Virginia.>> Notwithstanding any other
provision of law, the Natural Resources Conservation Service shall
provide financial and technical assistance through the Watershed and
Flood Prevention Operations program to carry out the Upper Tygart Valley
Watershed project, West Virginia: Provided, That the Natural Resources
Conservation Service is authorized to provide 100 percent of the
engineering assistance and 75 percent cost share for installation of the
water supply component of this project.
Sec. 736. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out subtitle I of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009dd through dd-7).
Sec. 737. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C.
2655).
Sec. 738. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out the provisions of sections 7404(a)(1) and 7404(c)(1) of
Public Law 107-171.
Sec. 739. The Agricultural Marketing Service and the Grain
Inspection, Packers and Stockyards Administration, that have statutory
authority to purchase interest bearing investments outside of the
Treasury, are not required to establish obligations and outlays for
those investments, provided those investments are insured by the Federal
Deposit Insurance Corporation or are collateralized at the Federal
Reserve with securities approved by the Federal Reserve, operating under
the guidelines of the United States Department of the Treasury.
Sec. 740. Of the funds made available under section 27(a) of the
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use up
to $10,000,000 for costs associated with the distribution of
commodities.
Sec. 741. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries
[[Page 118 STAT. 37]]
and expenses of personnel to enroll in excess of 189,144 acres in the
calendar year 2004 wetlands reserve program as authorized by 16 U.S.C.
3837.
Sec. 742. None of the funds made available in fiscal year 2004 or
preceding fiscal years for programs authorized under the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
excess of $20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under section
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-
1): Provided, That any such funds made available to reimburse the
Commodity Credit Corporation shall only be used pursuant to section
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
Sec. 743. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel who carry out an environmental quality incentives program
authorized by chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of $975,000,000.
Sec. 744. Notwithstanding any other provision of law, the Natural
Resources Conservation Service may provide from appropriated funds
financial and technical assistance to the Dry Creek project, Utah.
Sec. 745. The Secretary of Agriculture is authorized to permit
employees of the United States Department of Agriculture to carry and
use firearms for personal protection while conducting field work in
remote locations in the performance of their official duties.
Sec. 746. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to expend the $23,000,000 made available by section 9006(f)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8106(f)).
Sec. 747. Access to Broadband Telecommunications Services in Rural
Areas. None of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries and expenses of
personnel to expend the $20,000,000 made available by section
601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(j)(1)(A)) for fiscal year 2004.
Sec. 748. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to expend the $40,000,000 made available by section
231(b)(4) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621
note) for fiscal year 2004.
Sec. 749. Section 285 of the Agricultural Marketing Act of 1946 (16
U.S.C. 1638d et seq.) is amended by striking ``2004'' and inserting
``2006, except for `farm-raised fish' and `wild fish' which shall be
September 30, 2004''.
Sec. 750. (a) Notwithstanding subsections (c) and (e)(2) of section
313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
implementing section 313A of that Act, the Secretary shall, with the
consent of the lender, structure the schedule for payment of the annual
fee, not to exceed an average of 30 basis points per year for the term
of the loan, to ensure that sufficient funds are available to pay the
subsidy costs for note guarantees under that section.
[[Page 118 STAT. 38]]
(b) <<NOTE: Publication. Regulations. Deadline. 7 USC 740c-1
note.>> The Secretary shall publish a proposed rule to carry out section
313A of the Rural Electrification Act of 1936 within 60 days of
enactment of this Act.
Sec. 751. Any unobligated balances in the Alternative Agricultural
Research and Commercialization Revolving Fund are hereby rescinded.
Sec. 752. Not more than $41,443,000 for fiscal year 2004 of the
funds appropriated or otherwise made available by this or any other Act
shall be used to carry out the conservation security program established
under subchapter A of chapter 2 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3838 et seq.).
Sec. 753. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out a ground and surface water conservation
program authorized by section 2301 of Public Law 107-171, the Farm
Security and Rural Investment Act of 2002, in excess of $51,000,000.
Sec. 754. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out section 2502 of Public Law 107-171, the Farm
Security and Rural Investment Act of 2002, in excess of $42,000,000.
Sec. 755. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out section 2503 of Public Law 107-171, the Farm
Security and Rural Investment Act of 2002, in excess of $112,044,000.
Sec. 756. <<NOTE: New York.>> (a) Assistance for Commercial Tree
Losses.--The Secretary of Agriculture shall use $5,000,000 of the funds
of the Commodity Credit Corporation to provide assistance under the Tree
Assistance Program, subtitle C of title X of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8201 et seq.), to tree-fruit growers
located in a federally declared disaster area in the State of New York
who suffered tree losses in 2003 as a result of an April 4-6, 2003,
icestorm.
(b) <<NOTE: Florida.>> The Secretary of Agriculture shall use
$10,000,000 of the funds of the Commodity Credit Corporation, to remain
available until expended, to compensate commercial citrus and lime
growers in the State of Florida for tree replacement and for lost
production with respect to trees removed to control citrus canker, and
with respect to certified citrus nursery stocks within the citrus canker
quarantine areas, as determined by the Secretary. For a grower to
receive assistance for a tree under this section, the tree must have
been removed after September 30, 2001.
Sec. 757. There is hereby appropriated $1,500,000 to carry out
section 6028 of Public Law 107-171, the Farm Security and Rural
Investment Act of 2002: Provided, That notwithstanding section
383B(g)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C.
2009bb-1(g)(1)), the Federal share of the administrative expenses of the
Northern Great Plains Regional Authority for fiscal year 2004 shall be
100 percent.
Sec. 758. Section 204(a)(3) of the Agricultural Trade Development
and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) is amended
[[Page 118 STAT. 39]]
by striking ``the Committee on Foreign Affairs'' through ``the Committee
on'' and inserting ``the Committees on International Relations,
Agriculture and Appropriations of the House of Representatives, and the
Committees on Appropriations and''.
Sec. 759. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 6029 of Public Law 107-171, the Farm
Security and Rural Investment Act of 2002: Provided, That this section
shall not apply to activities related to the promulgation of regulations
or the receipt and review of applications for the Rural Business
Investment Program.
Sec. 760. None of the funds appropriated or otherwise made available
in this Act shall be expended to violate Public Law 105-264.
Sec. 761. Cost-Sharing for Animal and Plant Health Emergency
Programs. None of the funds made available by this Act may be used to
issue a final rule in furtherance of, or otherwise implement, the
proposed rule on cost-sharing for animal and plant health emergency
programs of the Animal and Plant Health Inspection Service published on
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
Sec. 762. Agencies and offices of the Department of Agriculture may
utilize any available discretionary funds to cover the costs of
preparing, or contracting for the preparation of, final agency decisions
regarding complaints of discrimination in employment or program
activities arising within such agencies and offices.
Sec. 763. <<NOTE: Alaska. 42 USC 1472 note.>> Notwithstanding any
other provision of law, for any fiscal year, in the case of a high cost
isolated rural area in Alaska that is not connected to a road system,
the maximum level for the single family housing assistance shall be 150
percent of the average income level in the metropolitan areas of the
State and 115 percent of all other eligible areas of the State.
Sec. 764. There is hereby appropriated $1,000,000, to remain
available until expended, for the Denali Commission to address
deficiencies in solid waste disposal sites which threaten to contaminate
rural drinking water supplies.
Sec. 765. <<NOTE: Mississippi. South Dakota.>> Notwithstanding any
other provision of law, the Secretary shall consider the City of
Vicksburg, Mississippi; the City of Aberdeen, South Dakota; and the City
of Starkville, Mississippi as meeting the requirements of a rural area
contained in section 520 of the Housing Act of 1949 (42 U.S.C. 1490)
until receipt of the decennial Census for the year 2010.
Sec. 766. <<NOTE: New Hampshire. Oklahoma.>> Notwithstanding any
other provision of law, the Secretary shall consider the City of Berlin,
New Hampshire; the City of Guymon, Oklahoma; the City of Shawnee,
Oklahoma; and the City of Altus, Oklahoma, to be eligible for loans and
grants provided through the Rural Community Advancement Program until
receipt of the decennial Census in the year 2010.
Sec. 767. None of the funds made available in this Act may be used
to study, complete a study of, or enter into a contract with a private
party to carry out, without specific authorization in a subsequent Act
of Congress, a competitive sourcing activity of the Secretary of
Agriculture, including support personnel of the Department of
Agriculture, relating to rural development or farm loan programs.
[[Page 118 STAT. 40]]
Sec. 768. Section 501(b)(5)(B) of the Housing Act of 1949 (42 U.S.C.
1471(b)(5)(B) is amended by striking ``for fiscal years 2002 and
2003,''.
Sec. 769. Agricultural Management Assistance. Section 524(b)(4)(B)
of the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended--
(1) in clause (i), by striking ``clause (ii)'' and inserting
``clauses (ii) and (iii)''; and
(2) by adding at the end the following:
``(iii) Certain uses.--Of the amounts made
available to carry out this subsection for each of
fiscal years 2004 through 2007 the Commodity
Credit Corporation shall use not less than--
``(I) $14,000,000 to carry out
subparagraphs (A), (B), and (C) of
paragraph (2) through the Natural
Resources Conservation Service;
``(II) $1,000,000 to provide organic
certification cost share assistance
through the Agricultural Marketing
Service; and
``(III) $5,000,000 to conduct
activities to carry out subparagraph (F)
of paragraph (2) through the Risk
Management Agency.''.
Sec. 770. <<NOTE: 7 USC 5603 note.>> Hereafter, no funds provided in
this or any other Act shall be available to the Secretary of Agriculture
acting through the Foreign Agricultural Service to promote the sale or
export of tobacco or tobacco products.
Sec. 771. (a) In General.--Section 3(o)(4) of the Food Stamp Act of
1977, as amended (7 U.S.C. 2012(o)(4), is amended by inserting before
the period at the end the following: ``, and except that on October 1,
2003, in the case of households residing in Alaska and Hawaii the
Secretary may not reduce the cost of such diet in effect on September
30, 2002''.
(b) Effective Date.--The <<NOTE: 7 USC 2012 note.>> amendment made
by subsection (a) shall be effective beginning on September 30, 2003.
Sec. 772. Section 601(b)(2) of the Rural Electrification Act of 1936
(7 U.S.C. 950bb(b)(2)) is amended to read as follows:
``(2) Eligible rural community.--The term `eligible rural
community' means any area of the United States that is not
contained in an incorporated city or town with a population in
excess of 20,000 inhabitants.''.
Sec. 773. Notwithstanding any other provision of law, for all
activities under programs of the Rural Development Mission Area within
the County of Honolulu, Hawaii, the Secretary may designate any portion
of the county as a rural area or eligible rural community that the
Secretary determines is not urban in character: Provided, That the
Secretary shall not include in any such rural area or eligible rural
community any area included in the Honolulu Census Designated Place as
determined by the Secretary of Commerce.
Sec. 774. The first sentence of section 306(g)(1) of the National
Housing Act (12 U.S.C. 1721(g)(1)) is amended--
(1) by striking ``or title V of the Housing Act of 1949'';
and
(2) by inserting after ``1944'' the following: ``, title V
of the Housing Act of 1949,''.
Sec. 775. Notwithstanding the provisions of the Consolidated Farm
and Rural Development Act (including the associated regulations)
governing the Community Facilities Program, the Secretary
[[Page 118 STAT. 41]]
may allow all Community Facility Program facility borrowers and grantees
to enter into contracts with not-for-profit third parties for services
consistent with the requirements of the Program, grant, and/or loan:
Provided, That the contracts protect the interests of the Government
regarding cost, liability, maintenance, and administrative fees.
Sec. 776. Notwithstanding any other provision of law, the Secretary
of Agriculture may use appropriations available to the Secretary for
activities authorized under sections 426-426c of title 7, United States
Code, under this or any other Act, to enter into cooperative agreements,
with a State, political subdivision, or agency thereof, a public or
private agency, organization, or any other person, to lease aircraft if
the Secretary determines that the objectives of the agreement will: (1)
serve a mutual interest of the parties to the agreement in carrying out
the programs administered by the Animal Plant Health Inspection Service,
Wildlife Service; and (2) all parties will contribute resources to the
accomplishment of these objectives; award of a cooperative agreement
authorized by the Secretary may be made for an initial term not to
exceed 5 years.
Sec. 777. Citrus Canker Assistance. Section 211 of the Agricultural
Assistance Act of 2003 (117 Stat. 545) is amended--
(1) in the section heading, by inserting ``tree replacement
and'' after ``for''; and
(2) in subsection (a), by inserting ``tree replacement and''
after ``Florida for''.
Sec. 778. <<NOTE: Sun Grant Research Initiative Act of 2003. 7 USC
8101 note.>> Sun Grant Research Initiative. (a) Short Title.--This
section may be cited as the ``Sun Grant Research Initiative Act of
2003''.
(b) Research, Extension, and Educational Programs on Biobased Energy
Technologies and Products.--Title IX of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at
the end the following:
``SEC. 9011. <<NOTE: 7 USC 8109.>> RESEARCH, EXTENSION, AND EDUCATIONAL
PROGRAMS ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.
``(a) Purposes.--The purposes of the programs established under this
section are--
``(1) to enhance national energy security through the
development, distribution, and implementation of biobased energy
technologies;
``(2) to promote diversification in, and the environmental
sustainability of, agricultural production in the United States
through biobased energy and product technologies;
``(3) to promote economic diversification in rural areas of
the United States through biobased energy and product
technologies; and
``(4) to enhance the efficiency of bioenergy and biomass
research and development programs through improved coordination
and collaboration between the Department of Agriculture, the
Department of Energy, and the land-grant colleges and
universities.
``(b) Definitions.--In this section:
``(1) Land-grant colleges and universities.--The term `land-
grant colleges and universities' means--
[[Page 118 STAT. 42]]
``(A) 1862 Institutions (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of
that Act) and West Virginia State College; and
``(C) 1994 Institutions (as defined in section 2 of
that Act).
``(2) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(c) Establishment.--To carry out the purposes described in
subsection (a), the Secretary shall establish programs under which--
``(1) <<NOTE: Grants.>> the Secretary shall provide grants
to sun grant centers specified in subsection (d); and
``(2) the sun grant centers shall use the grants in
accordance with this section.
``(d) Grants to Centers.--The Secretary shall use amounts made
available for a fiscal year under subsection (j) to provide a grants in
equal amounts to each of the following sun grant centers:
``(1) North-central center.--A <<NOTE: South Dakota State
University.>> north-central sun grant center at South Dakota
State University for the region composed of the States of
Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North
Dakota, South Dakota, Wisconsin, and Wyoming.
``(2) Southeastern center.--A <<NOTE: University of
Tennessee.>> southeastern sun grant center at the University of
Tennessee at Knoxville for the region composed of--
``(A) the States of Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina,
Tennessee, and Virginia;
``(B) the Commonwealth of Puerto Rico; and
``(C) the United States Virgin Islands.
``(3) South-central center.--A <<NOTE: Oklahoma State
University.>> south-central sun grant center at Oklahoma State
University for the region composed of the States of Arkansas,
Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and
Texas.
``(4) Western center.--A <<NOTE: Oregon State
University.>> western sun grant center at Oregon State
University for the region composed of--
``(A) the States of Alaska, Arizona, California,
Hawaii, Idaho, Nevada, Oregon, Utah, and Washington; and
``(B) territories and possessions of the United
States (other than the territories referred to in
subparagraphs (B) and (C) of paragraph (2)).
``(5) Northeastern center.--A <<NOTE: Cornell
University.>> northeastern sun grant center at Cornell
University for the region composed of the States of Connecticut,
Delaware, Massachusetts, Maryland, Maine, Michigan, New
Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode
Island, Vermont, and West Virginia.
``(e) Use of Funds.--
``(1) Centers of excellence.--Of the amount of funds that
are made available for a fiscal year to a sun grant center under
subsection (d), the center shall use not more than 25 percent of
the amount for administration to support excellence in science,
engineering, and economics at the center to promote the purposes
described in subsection (a) through the State
[[Page 118 STAT. 43]]
agricultural experiment station, cooperative extension services,
and relevant educational programs of the university.
``(2) Grants to land-grant colleges and universities.--
``(A) In general.--The sun grant center established
for a region shall use the funds that remain available
for a fiscal year after expenditures made under
paragraph (1) to provide competitive grants to land-
grant colleges and universities in the region of the sun
grant center to conduct, consistent with the purposes
described in subsection (a), multiinstitutional and
multistate--
``(i) research, extension, and educational
programs on technology development; and
``(ii) integrated research, extension, and
educational programs on technology implementation.
``(B) Programs.--Of the amount of funds that are
used to provide grants for a fiscal year under
subparagraph (A), the center shall use--
``(i) not less than 30 percent of the funds to
carry out programs described in subparagraph
(A)(i); and
``(ii) not less than 30 percent of the funds
to carry out programs described in subparagraph
(A)(ii).
``(3) Indirect costs.--A sun grant center may not recover
the indirect costs of making grants under paragraph (2) to other
land-grant colleges and universities.
``(f) Plan.--
``(1) In general.--Subject to the availability of funds
under subsection (j), in cooperation with other land-grant
colleges and universities and private industry in accordance
with paragraph (2), the sun grant centers shall jointly develop
and submit to the Secretary, for approval, a plan for addressing
at the State and regional levels the bioenergy, biomass, and
gasification research priorities of the Department of
Agriculture and the Department of Energy for the making of
grants under paragraphs (1) and (2) of subsection (e).
``(2) Gasification coordination.--
``(A) In general.--In developing the plan under
paragraph (1) with respect to gasification research, the
sun grant centers identified in paragraphs (1) and (2)
of subsection (d) shall coordinate with land grant
colleges and universities in their respective regions
that have ongoing research activities with respect to
the research.
``(B) Funding.--Funds made available under
subsection (d) to the sun grant center identified in
subsection (e)(2) shall be available to carry out
planning coordination under paragraph (1) of this
subsection.
``(g) Grants to Other Land-Grant Colleges and Universities.--
``(1) Priority for grants.--In making grants under
subsection (e)(2), a sun grant center shall give a higher
priority to programs that are consistent with the plan approved
by the Secretary under subsection (f).
``(2) Term of grants.--The term of a grant provided by a sun
grant center under subsection (e)(2) shall not exceed 5 years.
``(h) Grant Information Analysis Center.--The sun grant centers
shall maintain a Sun Grant Information Analysis Center
[[Page 118 STAT. 44]]
at the sun grant center specified in subsection (d)(1) to provide sun
grant centers analysis and data management support.
``(i) Annual Reports.--Not later than 90 days after the end of a
year for which a sun grant center receives a grant under subsection (d),
the sun grant center shall submit to the Secretary a report that
describes the policies, priorities, and operations of the program
carried out by the center during the year, including a description of
progress made in facilitating the priorities described in subsection
(f).
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $25,000,000 for fiscal year 2005;
``(B) $50,000,000 for fiscal year 2006; and
``(C) $75,000,000 for each of fiscal years 2007
through 2010.
``(2) Grant information analysis center.--Of amounts made
available under paragraph (1), not more than $4,000,000 for each
fiscal year shall be made available to carry out subsection
(h).''.
Sec. 779. Rural Electrification. For fiscal year 2004, the Secretary
of Agriculture may use any unobligated carryover funds made available
for any program administered by the Rural Utilities Service (not
including funds made available under the heading ``Rural Community
Advancement Program'' in any Act of appropriation) to carry out section
315 of the Rural Electrification Act of 1936 (7 U.S.C. 940e).
Sec. 780. Limitation on Allocation of Purchase Prices for Butter and
Nonfat Dry Milk. None of the funds made available by this Act may be
used to pay the salaries or expenses of employees of the Department of
Agriculture to allocate the rate of price support between the purchase
prices for nonfat dry milk and butter in a manner that does not support
the price of milk in accordance with section 1501(b) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7981(b)).
Sec. 781. Emergency Watershed Protection Program. Notwithstanding
any other provision of law, the Secretary of Agriculture is authorized
to make funding and other assistance available through the emergency
watershed protection program under section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) to repair and prevent damage to non-
Federal land in watersheds that have been impaired by fires initiated by
the Federal Government and to waive cost sharing requirements for the
funding and assistance.
Sec. 782. The Secretary may waive the requirements regarding small
and emerging rural business as authorized under the Rural Business
Enterprise Grant program for the purpose of a lease for the Oakridge
Oregon Industrial Park.
Sec. 783. Water and Waste Disposal Grant to the Alaska Department of
Community and Economic Development. Notwithstanding any other provision
of law--
(1) the Alaska Department of Community and Economic
Development shall be eligible to receive a water and waste
disposal grant under section 306(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926(a)) in an amount that is
equal to not more than 75 percent of the total cost
[[Page 118 STAT. 45]]
of providing water and sewer service to the proposed hospital in
the Matanuska-Susitna Borough, Alaska; and
(2) the Alaska Department of Community and Economic
Development shall be allowed to pass the grant funds through to
the local government entity that will provide water and sewer
service to the hospital.
Sec. 784. None of the funds provided in this Act may be used for
salaries and expenses to carry out any regulation or rule insofar as it
would make ineligible for enrollment in the conservation reserve program
established under subchapter B of chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) land that is
planted to hardwood trees as of the date of enactment of this Act and
was enrolled in the conservation reserve program under a contract that
expired prior to calendar year 2002.
Sec. 785. Water and Waste Disposal Grant to the City of Postville,
Iowa. Notwithstanding any other provision of law, the City of Postville,
Iowa, shall be eligible to receive a water and waste disposal grant
under section 306(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)) in an amount that is equal to not more than 75
percent of the total cost of providing water and sewer service in the
city.
Sec. 786. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to implement a reorganization of regional conservationists and/or
regional offices of the Natural Resources Conservation Service without
the prior approval of the Committees on Appropriations.
Sec. 787. Of the unobligated balance available to the Food Safety
and Inspection Service for the field automation and information
management project at the beginning of fiscal year 2004, $5,000,000 is
hereby rescinded.
Sec. 788. The matter under the heading ``Integrated Activities'' in
division A--Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Programs Appropriations, 2003,
title I--Agricultural Programs, in <<NOTE: 117 Stat. 19.>> Public Law
108-7 is amended by striking ``7 U.S.C. 3291'' and inserting ``7 U.S.C.
3292b''.
Sec. 789. <<NOTE: Montana.>> Notwithstanding any other provision of
law, the City of Great Falls, Montana, shall be considered a rural area
for purposes of eligibility for business and industry guaranteed loans
under section 310B(a)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(a)(1)).
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2004''.
[[Page 118 STAT. 46]]
DIVISION B--DEPARTMENTS <<NOTE: Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
2004.>> OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2004
An Act
Making appropriations for the Departments of Commerce, Justice, and
State, the Judiciary, and related agencies for the fiscal year ending
September 30, 2004, and for other purposes.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2004, and for other purposes, namely:
TITLE I--DEPARTMENT <<NOTE: Department of Justice Appropriations Act,
2004.>> OF JUSTICE
General Administration
For expenses necessary for the administration of the Department of
Justice, $106,687,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $10,172,000 shall be expended for the Department
Leadership Program exclusive of augmentation that occurred in these
offices in fiscal year 2003: Provided further, That not to exceed 26
permanent positions, 21 full-time equivalent workyears and $3,114,000
shall be expended for the Office of Legislative Affairs: Provided
further, That not to exceed 15 permanent positions, 20 full-time
equivalent workyears and $1,875,000 shall be expended for the Office of
Public Affairs: Provided further, That the latter two aforementioned
offices may utilize non-reimbursable details of career employees within
the caps described in the preceding two provisos.
joint automated booking system
For expenses necessary for the nationwide deployment of a Joint
Automated Booking System including automated capability to transmit
fingerprint and image data, $19,176,000, to remain available until
September 30, 2005.
For necessary expenses for the planning, development, and deployment
of an integrated fingerprint identification system, including automated
capability to transmit fingerprint and image data, $5,100,000, to remain
available until September 30, 2005.
For necessary expenses related to the design, development,
engineering, acquisition, and implementation of office automation
systems for the organizations funded under the headings ``Salaries
[[Page 118 STAT. 47]]
and Expenses, General Legal Activities'', and ``General Administration,
Salaries and Expenses'', and the United States Attorneys, the United
States Marshals Service, the Antitrust Division, the United States
Trustee Program, the Executive Office for Immigration Review, the
Community Relations Service, the Bureau of Prisons, the Office of
Justice Programs and the United States Parole Commission, $27,034,000,
to remain available until September 30, 2005.
For the costs of conversion to narrowband communications, including
the cost for operation and maintenance of Land Mobile Radio legacy
systems, $103,171,000, to remain available until September 30, 2005:
Provided, That the Attorney General shall transfer to the ``Narrowband
Communications'' account all funds made available to the Department of
Justice for the purchase of portable and mobile radios: Provided
further, That any transfer made under the preceding proviso shall be
subject to section 605 of this Act.
For necessary expenses, as determined by the Attorney General,
$1,000,000, to remain available until expended, to reimburse any
Department of Justice organization for: (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of any domestic or
international terrorist incident; and (2) the costs of providing support
to counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with these
activities: Provided, That any Federal agency may be reimbursed for the
costs of detaining in foreign countries individuals accused of acts of
terrorism that violate the laws of the United States: Provided
further, <<NOTE: Notification. Administrative Review and Appeals>> That
funds provided under this paragraph shall be available only after the
Attorney General notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section 605 of this
Act.
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $193,530,000.
For necessary expenses of the Federal Detention Trustee who shall
exercise all power and functions authorized by law relating to the
detention of Federal prisoners in non-Federal institutions or otherwise
in the custody of the United States Marshals Service, $814,097,000, to
remain available until expended: Provided, That the Trustee shall be
responsible for managing the Justice Prisoner and Alien Transportation
System and for overseeing housing related to such detention; the
management of funds appropriated to the Department of Justice for the
exercise of any detention functions; and the direction of the United
States Marshals Service with respect to the exercise of detention policy
setting and operations for the Department: Provided further, That any
unobligated balances available in prior years from the funds
appropriated under the heading ``Federal Prisoner Detention'' shall be
transferred to and merged
[[Page 118 STAT. 48]]
with the appropriation under the heading ``Detention Trustee'' and shall
be available <<NOTE: Plan. Deadline. Office of Inspector General>> until
expended: Provided further, That the Trustee, working in consultation
with the Bureau of Prisons, shall submit a plan for collecting
information related to evaluating the health and safety of Federal
prisoners in non-Federal institutions no later than 180 days following
the enactment of this Act.
For necessary expenses of the Office of Inspector General,
$60,840,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
For necessary expenses of the United States Parole Commission as
authorized, $10,609,000.
Legal Activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space in the District
of Columbia, $620,533,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until expended, and
of which not less than $1,996,000 shall be available for necessary
administrative expenses in accordance with the Radiation Exposure
Compensation Act: Provided, That of the total amount appropriated, not
to exceed $1,000 shall be available to the United States National
Central Bureau, INTERPOL, for official reception and representation
expenses: Provided further, That notwithstanding any other provision of
law, upon a determination by the Attorney General that emergent
circumstances require additional funding for litigation activities of
the Civil Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from available
appropriations for the current fiscal year for the Department of
Justice, as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with the
procedures set forth in that section.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $4,028,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $133,133,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, not
[[Page 118 STAT. 49]]
to exceed $112,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the
year of collection, shall be retained and used for necessary expenses in
this appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during fiscal year
2004, so as to result in a final fiscal year 2004 appropriation from the
general fund estimated at not more than $21,133,000.
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,526,253,000; of which not to exceed $2,500,000 shall be available
until September 30, 2005, for: (1) training personnel in debt
collection; (2) locating debtors and their property; (3) paying the net
costs of selling property; and (4) tracking debts owed to the United
States Government: Provided, That of the total amount appropriated, not
to exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further, That
not to exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided further, That, in
addition to reimbursable full-time equivalent workyears available to the
Offices of the United States Attorneys, not to exceed 10,113 positions
and 10,298 full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Attorneys: Provided
further, That of the funds made available under this heading, $1,500,000
shall only be available to continue ``Operation Streetsweeper'':
Provided further, That of the total amount appropriated, $6,898,000
shall be for Project Seahawk and shall remain available until expended.
For necessary expenses of the United States Trustee Program, as
authorized, $166,157,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, $166,157,000 of offsetting collections pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary expenses in this
appropriation and remain available until expended: Provided further,
That the sum herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2004, so as to
result in a final fiscal year 2004 appropriation from the Fund estimated
at $0.
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $1,206,000.
[[Page 118 STAT. 50]]
For necessary expenses of the United States Marshals Service,
$719,777,000; of which not less than $11,476,000 shall only be available
for fugitive apprehension task forces; of which $17,403,000 shall be
available for 106 supervisory deputy marshal positions for courthouse
security; of which not to exceed $6,000 shall be available for official
reception and representation expenses; of which $4,000,000 shall remain
available until expended; of which not less than $13,394,000 shall be
available for the costs of courthouse security equipment, including
furnishings, relocations, and telephone systems and cabling, and shall
remain available until September 30, 2005: Provided, That, in addition
to reimbursable full-time equivalent workyears available to the United
States Marshals Service, not to exceed 4,400 positions and 4,259 full-
time equivalent workyears shall be supported from the funds appropriated
in this Act for the United States Marshals Service.
For planning, constructing, renovating, equipping, and maintaining
United States Marshals Service prisoner-holding space in United States
courthouses and Federal buildings, including the renovation and
expansion of prisoner movement areas, elevators, and sallyports,
$14,066,000, to remain available until September 30, 2006.
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, $156,145,000, to remain available until
expended; of which not to exceed $8,000,000 may be made available for
planning, construction, renovations, maintenance, remodeling, and repair
of buildings, and the purchase of equipment incident thereto, for
protected witness safesites; of which not to exceed $1,000,000 may be
made available for the purchase and maintenance of armored vehicles for
transportation of protected witnesses; and of which not to exceed
$5,000,000 may be made available for the purchase, installation, and
maintenance of secure telecommunications equipment and a secure
automated information network to store and retrieve the identities and
locations of protected witnesses.
For necessary expenses of the Community Relations Service,
$9,526,000 and, in addition, up to $1,000,000 of funds made available to
the Department of Justice in this Act may be transferred by the Attorney
General to this account: Provided, That notwithstanding any other
provision of law, upon a determination by the Attorney General that
emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community Relations
Service, the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current fiscal
year for the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section
[[Page 118 STAT. 51]]
605 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
$21,759,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
Federal Bureau of Investigation
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 2,454
passenger motor vehicles, of which 1,843 will be for replacement only;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C, $4,566,798,000; of
which not to exceed $65,000,000 for automated data processing and
telecommunications and technical investigative equipment, and not to
exceed $1,000,000 for undercover operations, shall remain available
until September 30, 2005; of which $490,104,000 shall be for
counterterrorism investigations, foreign counterintelligence, and other
activities related to our national security; of which not less than
$153,812,000 shall only be for Joint Terrorism Task Forces; and of which
not to exceed $10,000,000 is authorized to be made available for making
advances for expenses arising out of contractual or reimbursable
agreements with State and local law enforcement agencies while engaged
in cooperative activities related to violent crime, terrorism, organized
crime, and drug investigations: Provided, That not to exceed $200,000
shall be available for official reception and representation expenses:
Provided further, That, in addition to reimbursable full-time equivalent
workyears available to the Federal Bureau of Investigation, not to
exceed 28,900 positions and 27,096 full-time equivalent workyears shall
be supported from the funds appropriated in this Act for the Federal
Bureau of Investigation.
For expenses necessary for the Foreign Terrorist Tracking Task
Force, including salaries and expenses, operations, equipment, and
facilities, $61,597,000: Provided, That funds appropriated in previous
fiscal years under the heading ``Federal Bureau of Investigation,
Salaries and Expenses'' may be available for activities associated with
the Terrorist Threat Integration Center.
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $11,174,000, to remain
available until September 30, 2006.
[[Page 118 STAT. 52]]
Drug Enforcement Administration
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C; expenses for
conducting drug education and training programs, including travel and
related expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs; and
purchase of not to exceed 982 passenger motor vehicles, of which 886
will be for replacement only, for police-type use, $1,601,327,000; of
which not to exceed $33,000,000 for permanent change of station shall
remain available until September 30, 2005; of which not to exceed
$1,800,000 for research shall remain available until expended; of which
not to exceed $4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for automated
data processing and telecommunications equipment, and not to exceed
$2,000,000 for laboratory equipment, $4,000,000 for technical equipment,
and $2,000,000 for aircraft replacement retrofit and parts, shall remain
available until September 30, 2005; and of which not to exceed $50,000
shall be available for official reception and representation expenses:
Provided, That, in addition to reimbursable full-time equivalent
workyears available to the Drug Enforcement Administration, not to
exceed 8,358 positions and 8,018 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the Drug
Enforcement Administration.
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug trafficking,
$556,465,000, of which $50,000,000 shall remain available until
September 30, 2005: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation:
Provided further, That any unobligated balances remaining available at
the end of the fiscal year shall revert to the Drug Enforcement
Administrator for reallocation among participating organizations in
succeeding fiscal years, subject to the reprogramming procedures set
forth in section 605 of this Act.
Bureau of Alcohol, Tobacco, Firearms and Explosives
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, including the purchase of not to exceed 822 vehicles for
police-type use, of which 650 shall be for replacement only; not to
exceed $18,000 for official reception and representation expenses; for
training of State and local law enforcement agencies with or without
reimbursement, including training in connection
[[Page 118 STAT. 53]]
with the training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory assistance to
State and local law enforcement agencies, with or without reimbursement,
$836,087,000, of which not to exceed $1,000,000 shall be available for
the payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2):
Provided, That no funds appropriated herein shall be available for
salaries or administrative expenses in connection with consolidating or
centralizing, within the Department of Justice, the records, or any
portion thereof, of acquisition and disposition of firearms maintained
by Federal firearms licensees: Provided further, That no funds
appropriated herein shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States to
implement an amendment or amendments to 27 CFR 178.118 or to change the
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
further, That none of the funds appropriated herein shall be available
to investigate or act upon applications for relief from Federal firearms
disabilities under 18 U.S.C. 925(c): Provided further, That such funds
shall be available to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities under section
925(c) of title 18, United States Code: Provided further, That no funds
made available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives to other agencies or Departments in fiscal year
2004: Provided further, That no funds appropriated under this or any
other Act may be used to disclose to the public the contents or any
portion thereof of any information required to be kept by licensees
pursuant to section 923(g) of title 18, United States Code, or required
to be reported pursuant to paragraphs (3) and (7) of section 923(g) of
title 18, United States Code, except that this provision shall apply to
any request for information made by any person or entity after January
1, 1998: Provided further, That no funds made available by this or any
other Act shall be expended to promulgate or implement any rule
requiring a physical inventory of any business licensed under section
923 of title 18, United States Code: Provided further, That no funds
under this Act may be used to electronically retrieve information
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal
identification code: Provided further, That subparagraphs (A) and (B) of
28 U.S.C. 530C(b)(2), are amended by inserting ``for the Bureau of
Alcohol, Tobacco, Firearms and Explosives,'' after ``Marshals Service,''
in each subparagraph.
Federal Prison System
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed 838, of which 535 are for replacement only) and
hire of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections related
issues to foreign governments, $4,461,257,000: Provided, <<NOTE: 42 USC
250a.>> That the Attorney General may transfer to the Health Resources
and Services Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for inmates of
Federal penal and correctional institutions:
[[Page 118 STAT. 54]]
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $6,000 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2005: Provided further, That, of the
amounts provided for Contract Confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980, for the care and security in the United States of Cuban and
Haitian entrants: Provided further, That the Director of the Federal
Prison System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past notwithstanding the fact that such
not-for-profit entity furnishes services under contracts to the Federal
Prison System relating to the operation of pre-release services, halfway
houses or other custodial facilities.
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$397,700,000, to remain available until expended, of which not to exceed
$14,000,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation: Provided
further, <<NOTE: Notification. Federal Prison Industries,
Incorporated>> That not to exceed 10 percent of the funds appropriated
to ``Buildings and Facilities'' in this or any other Act may be
transferred to ``Salaries and Expenses'', Federal Prison System, upon
notification by the Attorney General to the Committees on Appropriations
of the House of Representatives and the Senate in compliance with
provisions set forth in section 605 of this Act.
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
[[Page 118 STAT. 55]]
Not to exceed $3,429,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, the Missing Children's Assistance Act, including salaries and
expenses in connection therewith, the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public Law
108-21), and the Victims of Crime Act of 1984, $190,125,000, to remain
available until expended.
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Victims of Trafficking
and Violence Protection Act of 2000 (Public Law 106-386); and other
programs; $1,297,684,000 (including amounts for administrative costs,
which shall be transferred to and merged with the ``Justice Assistance''
account): Provided, That all balances under this heading for programs to
address violence against women may be transferred to and merged with the
appropriation for ``Violence Against Women Prevention and Prosecution
Programs'': Provided further, That funding provided under this heading
shall remain available until expended as follows:
(1) $225,000,000 for Local Law Enforcement Block Grants,
pursuant to H.R. 728 as passed by the House of Representatives
on February 14, 1995, except that for purposes of this Act and
retroactive to October 1, 2000, Guam shall be considered as one
``State'' for all purposes under H.R. 728, notwithstanding any
provision of section 108(3) thereof, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as well
as a ``State'', for the purposes set forth in paragraphs (A),
(B), (D), (F), and (I) of section 101(a)(2) of H.R. 728, and for
establishing crime prevention programs involving cooperation
between community residents and law enforcement personnel in
order to control, detect, or investigate crime or the
prosecution of criminals: Provided, That funding shall be
available for the purposes authorized by part E of title I of
the 1968 Act: Provided further, That no funds provided under
this
[[Page 118 STAT. 56]]
heading may be used as matching funds for any other Federal
grant program, of which--
(A) $80,000,000 shall be for Boys and Girls Clubs in
public housing facilities and other areas in cooperation
with State and local law enforcement, as authorized by
section 401 of Public Law 104-294 (42 U.S.C. 13751
note);
(B) $10,000,000 shall be available for grants,
contracts, and other assistance to carry out section
102(c) of H.R. 728; and
(C) $2,981,000 for USA Freedom Corps activities;
(2) $300,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration and
Nationality Act: Provided, That funds shall be disbursed only as
a direct reimbursement for each State's documented cost for
incarcerating undocumented criminal aliens;
(3) $2,000,000 for the Cooperative Agreement Program for the
improvement of State and local correctional facilities holding
prisoners in custody of the United States Marshals Service;
(4) $15,000,000 for assistance to Indian tribes, of which--
(A) $2,000,000 shall be available for grants under
section 20109(a)(2) of subtitle A of title II of the
1994 Act;
(B) $8,000,000 shall be available for the Tribal
Courts Initiative; and
(C) $5,000,000 shall be available for demonstration
projects on alcohol and crime in Indian Country;
(5) $659,117,000 for programs authorized by part E of title
I of the 1968 Act, notwithstanding the provisions of section 511
of said Act, of which $159,117,000 shall be for discretionary
grants under the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs;
(6) $10,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386;
(7) $892,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(8) $38,500,000 for Drug Courts, as authorized by part EE of
title I of the 1968 Act;
(9) $2,000,000 for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by
section 250005(3) of the 1994 Act;
(10) $7,000,000 for a prescription drug monitoring program;
(11) $37,175,000 for prison rape prevention and prosecution
programs as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79), of which $2,175,000 shall be
transferred to the National Prison Rape Reduction Commission for
authorized activities; and
(12) $1,000,000 for a State and local law enforcement hate
crimes training and technical assistance program: Provided, That
funds made available in fiscal year 2004 under subpart 1 of part
E of title I of the 1968 Act may be obligated for programs to
assist States in the litigation processing of death penalty
Federal habeas corpus petitions and for drug testing
initiatives: Provided further, That, if a unit of local
government uses any of the funds made available under this title
to increase
[[Page 118 STAT. 57]]
the number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform nonadministrative public safety
service.
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $58,542,000, to remain available until September 30,
2005, for inter-governmental agreements, including grants, cooperative
agreements, and contracts, with State and local law enforcement
agencies, non-profit organizations, and agencies of local government
engaged in the investigation and prosecution of violent crimes and drug
offenses in ``Weed and Seed'' designated communities, and for either
reimbursements or transfers to appropriation accounts of the Department
of Justice and other Federal agencies which shall be specified by the
Attorney General to execute the ``Weed and Seed'' program strategy:
Provided, That funds designated by Congress through language for other
Department of Justice appropriation accounts for ``Weed and Seed''
program activities shall be managed and executed by the Attorney General
through the Executive Office for <<NOTE: Notification. COMMUNITY
ORIENTED POLICING SERVICES>> Weed and Seed: Provided further, That the
Attorney General may direct the use of other Department of Justice funds
and personnel in support of ``Weed and Seed'' program activities only
after the Attorney General notifies the Committees on Appropriations of
the House of Representatives and the Senate in accordance with section
605 of this Act.
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (including administrative
costs), $756,283,000, to remain available until expended: Provided, That
funds that become available as a result of deobligations from prior year
balances may not be obligated except in accordance with section 605 of
this Act: Provided further, That of the funds under this heading, not to
exceed $1,972,000 shall be available for the Office of Justice Programs
for reimbursable services associated with programs administered by the
Community Oriented Policing Services Office: Provided further, That
section 1703(b) and (c) of the Omnibus Crime Control and Safe Streets
Act of 1968 (``the 1968 Act'') shall not apply to non-hiring grants made
pursuant to part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of the
amounts provided--
(1) $120,000,000 for the hiring of law enforcement officers,
including $60,000,000 for school resource officers;
(2) $25,000,000 for the matching grant program for Law
Enforcement Armor Vests pursuant to section 2501 of part Y of
the 1968 Act;
(3) $25,000,000 to improve tribal law enforcement including
equipment and training;
(4) $54,050,000 for policing initiatives to combat
methamphetamine production and trafficking and to enhance
policing initiatives in ``drug hot spots'';
(5) $15,000,000 for Police Corps education and training:
Provided, That the out-year program costs of new recruits shall
be fully funded from funds currently available;
(6) $158,407,000 for a law enforcement technology program;
[[Page 118 STAT. 58]]
(7) $30,000,000 for grants to upgrade criminal records, as
authorized under the Crime Identification Technology Act of 1998
(42 U.S.C. 14601);
(8) $100,000,000 for a DNA analysis and backlog reduction
formula program, of which--
(A) $55,000,000 shall be for eliminating casework
backlogs;
(B) $5,000,000 shall be for eliminating the offender
backlog;
(C) $30,000,000 shall be for strengthening crime lab
capacity;
(D) $5,000,000 shall be for training the criminal
justice community; and
(E) $5,000,000 shall be for using DNA to identify
missing persons;
(9) $10,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act (42
U.S.C. 3797j et seq.);
(10) $30,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments only for costs associated with the
prosecution of criminal cases declined by local United States
Attorneys offices;
(11) $5,000,000 for an offender re-entry program, as
authorized by Public Law 107-273;
(12) $10,000,000 for a police integrity program;
(13) $30,000,000 for Project Safe Neighborhoods to reduce
gun violence, and gang and drug-related crime;
(14) $24,226,000 for grants, contracts and other assistance
to States under section 102(b) of the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601), of which $5,000,000 is
for the National Institute of Justice for grants, contracts, and
other agreements to develop school safety technologies and
training;
(15) $85,000,000 for the COPS Interoperable Communications
Technology Program;
(16) $4,600,000 for the Safe Schools Initiative; and
(17) not to exceed $30,000,000 for program management and
administration.
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of Child Abuse
Act of 1990 (``the 1990 Act''); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public Law
108-21); and the Victims of Trafficking and Violence Protection Act of
2000 (Public Law 106-386); $387,629,000 (including amounts for
administrative costs, which shall be transferred to and merged with the
``Justice Assistance'' account), to remain available until expended.
Of the amount provided--
(1) $11,897,000 for the court appointed special advocate
program, as authorized by section 217 of the 1990 Act;
[[Page 118 STAT. 59]]
(2) $2,281,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(3) $994,000 for grants for televised testimony, as
authorized by part N of the 1968 Act;
(4) $168,334,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
(A) $5,200,000 shall be for the National Institute
of Justice for research and evaluation of violence
against women; and
(B) $10,000,000 shall be for the Office of Juvenile
Justice and Delinquency Prevention for the Safe Start
Program, as authorized by the Juvenile Justice and
Delinquency Act of 1974;
(5) $64,503,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(6) $39,685,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(7) $4,957,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $2,981,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602 of
the 1994 Act;
(9) $9,935,000 to reduce violent crimes against women on
campus, as authorized by section 1108(a) of Public Law 106-386;
(10) $39,740,000 for legal assistance for victims, as
authorized by section 1201 of Public Law 106-386;
(11) $4,968,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault as
authorized by section 40802 of the 1994 Act;
(12) $14,903,000 for the safe havens for children pilot
program as authorized by section 1301 of Public Law 106-386;
(13) $15,000,000 shall be for transitional housing
assistance grants for victims of domestic violence, stalking or
sexual assault as authorized by Public Law 108-21; and
(14) $7,451,000 for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of Public Law 106-386.
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the Act''), and other juvenile justice programs, including
salaries and expenses in connection therewith to be transferred to and
merged with the appropriations for Justice Assistance, $352,700,000, to
remain available until expended, as follows--
(1) $3,600,000 for concentration of Federal efforts, as
authorized by section 204 of the Act;
(2) $84,000,000 for State and local programs authorized by
section 221 of the Act, including training and technical
assistance to assist small, non-profit organizations with the
Federal grants process;
[[Page 118 STAT. 60]]
(3) $2,500,000 for research, evaluation, training and
technical assistance, as authorized by sections 251 and 252 of
the Act;
(4) $79,600,000 for demonstration projects as authorized by
sections 261 and 262 of the Act;
(5) $80,000,000 for delinquency prevention, as authorized by
section 505 of the Act, of which--
(A) $10,000,000 shall be for the Tribal Youth
program;
(B) $20,000,000 shall be for a gang resistance
education and training program to be coordinated with
the Bureau of Alcohol, Tobacco, Firearms and Explosives;
and
(C) $25,000,000 shall be for grants of $360,000 to
each State and $6,640,000 shall be available for
discretionary grants to States, for programs and
activities to enforce State laws prohibiting the sale of
alcoholic beverages to minors or the purchase or
consumption of alcoholic beverages by minors, prevention
and reduction of consumption of alcoholic beverages by
minors, and for technical assistance and training;
(6) $5,000,000 for Project Childsafe;
(7) $10,000,000 for the Secure Our Schools Act as authorized
by Public Law 106-386;
(8) $15,000,000 for Project Sentry to reduce youth gun
violence, and gang and drug-related crime;
(9) $13,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(10) $60,000,000 for the Juvenile Accountability Block
Grants program as authorized by Public Law 107-273 and Guam
shall be considered a State:
Provided, That not more than 10 percent of each amount in this section
may be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized, and not more than 2
percent of each amount may be used for training and technical
assistance.
To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796), such sums as are necessary, as authorized by section
6093 of Public Law 100-690 (102 Stat. 4339-4340); and $3,000,000, to
remain available until expended for payments as authorized by section
1201(b) of said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $45,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 102. <<NOTE: Abortion.>> None of the funds appropriated by this
title shall be available to pay for an abortion, except where the life
of the mother would be endangered if the fetus were carried to term, or
in the case of rape: Provided, That should this prohibition be
[[Page 118 STAT. 61]]
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
Sec. 103. <<NOTE: Abortion.>> None of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 103 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 105. Notwithstanding any other provision of law, not to exceed
$10,000,000 of the funds made available in this Act may be used to
establish and publicize a program under which publicly advertised,
extraordinary rewards may be paid, which shall not be subject to
spending limitations contained in sections 3059 and 3072 of title 18,
United States Code: Provided, That any reward of $100,000 or more, up to
a maximum of $2,000,000, may not be made without the personal approval
of the President or the Attorney General and such approval may not be
delegated: Provided further, That rewards made pursuant to section 501
of Public Law 107-56 shall not be subject to this section.
Sec. 106. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 107. Section 114 of Public Law 107-77 shall remain in effect
during fiscal year 2004.
Sec. 108. (a) <<NOTE: 28 USC 524 note.>> Hereafter, the Attorney
General is authorized to transfer, under such terms and conditions as
the Attorney General shall specify, forfeited real or personal property
of limited or marginal value, as such value is determined by guidelines
established by the Attorney General, to a State or local government
agency, or its designated contractor or transferee, for use to support
drug abuse treatment, drug and crime prevention and education, housing,
job skills, and other community-based public health and safety programs.
(b) Any transfer under the preceding proviso shall not create or
confer any private right of action in any person against the United
States, and shall be treated as a reprogramming under section 605 of
this Act.
Sec. 109. Authorities contained in the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273) shall
remain in effect until the effective date of a subsequent Department of
Justice appropriations authorization Act.
Sec. 110. None of the funds appropriated or otherwise made available
by this Act or any other Act to the Department of Justice shall be
expended for the purpose of reimbursement or direct payments for the
legal fees of an individual employed as an attorney in the Department of
Justice for a matter in which the individual
[[Page 118 STAT. 62]]
is the subject of a disciplinary recommendation for ethical misconduct
by the Counsel for Professional Responsibility.
Sec. 111. In addition to the amounts provided under ``Salaries and
Expenses, United States Attorneys'', $15,000,000 shall be for Project
Seahawk and shall remain available until expended.
Sec. 112. (a)(1) <<NOTE: 25 USC 3651 note.>> None of the funds
provided in this Act or hereafter may be used for courts or law
enforcement officers for a tribe or village--
(A) in which fewer than 25 Native members live in the
village year round; or
(B) that is located within the boundaries of the Fairbanks
North Star Borough, the Matanuska Susitna Borough, the
Municipality of Anchorage, the Kenai Peninsula Borough, the City
and Borough of Juneau, the Sitka Borough, or the Ketchikan
Borough.
(2)(A) <<NOTE: Establishment. Alaska.>> There is established an
Alaska Rural Justice and Law Enforcement Commission (hereinafter
``Justice Commission''). The United States Attorney General shall
appoint the Justice Commission which shall include a Federal Co-
chairman, the Attorney General for the State of Alaska or his designee
who shall act as the State Co-Chairman, the Commissioner of Public
Safety for the State of Alaska, a representative from the Alaska
Municipal League, a representative from an organized borough, a
representative of the Alaska Federation of Natives, a tribal
representative, a representative from a non-profit Native corporation
that operates Village Public Safety Officer programs, and a
representative from the Alaska Native Justice Center. The chief judge
for the Federal District Court for the District of Alaska may also
appoint a non-voting representative to provide technical support. The
Justice Commission may hire such staff as is necessary to assist with
its work.
(B) The Justice Commission shall review Federal, State, local, and
tribal jurisdiction over civil and criminal matters in Alaska but
outside the Municipality of Anchorage, the Fairbanks North Star Borough,
the Kenai Peninsula Borough, the Matanuska-Susitna Borough, the City and
Borough of Juneau, the Sitka Borough, and the Ketchikan
Borough. <<NOTE: Deadline.>> It shall make recommendations to Congress
and the Alaska State Legislature no later than May 1, 2004, on options
which shall include the following--
(i) create a unified law enforcement system, court system,
and system of local laws or ordinances for Alaska Native
villages and communities of varying sizes including the
possibility of first, second, and third class villages with
different powers;
(ii) meet the law enforcement and judicial personnel needs
in rural Alaska including the possible use of cross deputization
in a way that maximizes the existing resources of Federal,
State, local, and tribal governments;
(iii) address the needs to regulate alcoholic beverages
including the prohibition of the sale, importation, use, or
possession of alcoholic beverages and to provide restorative
justice for persons who violate such laws including treatment;
and
(iv) address the problem of domestic violence and child
abuse including treatment options and restorative justice.
(b)(1) The General Accounting Office shall immediately begin a
review of Federal programs benefitting rural communities in Alaska
including the name of each program and the department or agency that
administers it, the amount of funds provided to
[[Page 118 STAT. 63]]
Alaska through each program, a list of the statutes and regulations
governing use of funds for each program, and any data demonstrating the
performance of each program. With respect to housing programs, the study
shall determine the number of houses built by each Native housing
authority including the cost per house.
The <<NOTE: Reports. Deadline.>> Office shall submit a report of its
findings to the House and Senate Committees on Appropriations, and to
the Alaska Federation of Natives no later than April 30, 2004.
(2) The Alaska Federation of Natives, in consultation with the
Alaska Municipal League, may review the delivery of Federal programs in
Alaska and make recommendations to the Congress to reduce duplication,
improve and consolidate delivery of services, streamline application and
administrative procedures, improve accountability, mandate performance
measures, and other actions to reduce costs and improve efficiency.
(c) The Federal Advisory Committee Act shall not apply to this
section.
(d) Amend the Denali Commission Act (title III of Public Law 105-
277) by adding a new section as follows:
``Sec. 310. (a) <<NOTE: Establishment. 42 USC 3121 note.>> The
Federal Co-chairman of the Denali Commission shall appoint an Economic
Development Committee to be chaired by the president of the Alaska
Federation of Natives which shall include the Commissioner of Community
and Economic Affairs for the State of Alaska, a representative from the
Alaska Bankers Association, the chairman of the Alaska Permanent Fund, a
representative from the Alaska State Chamber of Commerce, and a
representative from each region. Of the regional representatives, at
least two each shall be from Native regional corporations, Native non-
profit corporations, tribes, and borough governments.
``(b) The Economic Development Committee is authorized to consider
and approve applications from Regional Advisory Committees for grants
and loans to promote economic development and promote private sector
investment to reduce poverty in economically distressed rural villages.
The Economic Development Committee may make mini-grants to individual
applicants and may issue loans under such terms and conditions as it
determines.
``(c) <<NOTE: Establishment.>> The State Co-chairman of the Denali
Commission shall appoint a Regional Advisory Committee for each region
which may include representatives from local, borough, and tribal
governments, the Alaska Native non-profit corporation operating in the
region, local Chambers of Commerce, and representatives of the private
sector. Each Regional Advisory Committee shall develop a regional
economic development plan for consideration by the Economic Development
Committee.
``(d) The Economic Development Committee, in consultation with the
First Alaskans Institute, may develop rural development performance
measures linking economic growth to poverty reduction to measure the
success of its program which may include economic, educational, social,
and cultural indicators. The performance measures will be tested in one
region for 2 years and evaluated by the University of Alaska before
being deployed statewide. Thereafter, performance in each region shall
be evaluated using the performance measures, and the Economic
Development Committee shall not fund projects which do not demonstrate
success.
``(e) Within the amounts made available annually to the Denali
Commission for training, the Commission may make a grant to the First
Alaskans Foundation upon submittal of an acceptable
[[Page 118 STAT. 64]]
work plan to assist Alaska Natives and other rural residents in
acquiring the skills and training necessary to participate fully in
private sector business and economic and development opportunities
through fellowships, scholarships, internships, public service programs,
and other leadership initiatives.
``(f) The Committee shall sponsor a statewide economic development
summit in consultation with the World Bank to evaluate the best
practices for economic development worldwide and how they can be
incorporated into regional economic development plans.
``(g) There is authorized to be appropriated such sums as may be
necessary to the following agencies which shall be transferred to the
Denali Commission as a direct lump sum payment to implement this
section--
``(1) Department of Commerce, Economic Development
Administration,
``(2) Department of Housing and Urban Development,
``(3) Department of the Interior, Bureau of Indian Affairs,
``(4) Department of Agriculture, Rural Development
Administration, and
``(5) Small Business Administration.''.
Sec. 113. For an additional amount for the ``Local Law Enforcement
Block Grant'' program to be provided to the City of San Juan, Puerto
Rico, $550,000.
Sec. 114. Of the unobligated balances available to the Department of
Justice from prior year appropriations with the exception of funds
provided for counterterrorism activities, counterintelligence
activities, white collar crime enforcement, organized crime enforcement,
and drug enforcement, $100,000,000 <<NOTE: Deadline. Reports.>> are
rescinded: Provided, That within 30 days after the date of the enactment
of this section the Attorney General shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
specifying the amount of each rescission made pursuant to this section.
This title may be cited as the ``Department of Justice
Appropriations Act, 2004''.
TITLE II--DEPARTMENT <<NOTE: Department of Commerce and Related Agencies
Appropriations Act, 2004.>> OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$41,994,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $124,000 shall be available for official
reception and representation expenses: Provided further, That not less
than $2,000,000 provided under this heading shall be for expenses
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, That
negotiations shall be conducted within the World Trade Organization to
recognize the right of
[[Page 118 STAT. 65]]
members to distribute monies collected from antidumping and
countervailing duties.
International Trade Commission
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $58,295,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign Commercial
Service between two points abroad, without regard to 49 U.S.C. 40118;
employment of Americans and aliens by contract for services; rental of
space abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph of 28
U.S.C. 2672 when such claims arise in foreign countries; not to exceed
$327,000 for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed $30,000
per vehicle; obtaining insurance on official motor vehicles; and rental
of tie lines, $395,123,000, to remain available until expended, of which
$13,000,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding 31 U.S.C. 3302:
Provided, <<NOTE: Establishment.>> That $46,669,000 shall be for
Manufacturing and Services; $38,204,000 shall be for Market Access and
Compliance; $68,160,000 shall be for the Import Administration of which
$3,000,000 is to establish an Office of China Compliance; $217,040,000
shall be for the United States and Foreign Commercial Service of which
$1,500,000 is for the Advocacy Center, $2,500,000 is for the Trade
Information Center, and $2,100,000 is for a China and Middle East
Business Center; and $25,050,000 shall be for Executive Direction and
Administration: Provided further, That negotiations shall be conducted
within the World Trade Organization to recognize the right of members to
distribute monies collected from antidumping and countervailing duties:
Provided further, <<NOTE: Applicability.>> That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15
[[Page 118 STAT. 66]]
U.S.C. 4912); and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act of
1961 shall include payment for assessments for services provided as part
of these activities.
Bureau of Industry and Security
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
payment of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to
exceed $15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor
vehicles for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $68,203,000, to
remain available until September 30, 2005, of which $7,203,000 shall be
for inspections and other activities related to national security:
Provided, <<NOTE: Applicability.>> That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
Economic Development Administration
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, and for trade
adjustment assistance, $288,115,000, to remain available until expended.
For necessary expenses of administering the economic development
assistance programs as provided for by law, $30,565,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
[[Page 118 STAT. 67]]
Minority Business Development Agency
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $28,859,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$75,000,000, to remain available until September 30, 2005.
Bureau of the Census
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $194,811,000.
For necessary expenses related to the 2010 decennial census,
$255,200,000, to remain available until September 30, 2005: Provided,
That, of the total amount available related to the 2010 decennial
census, $107,090,000 is for the Re-engineered Design Process for the
Short-Form Only Census, $64,800,000 is for the American Community
Survey, and $83,310,000 is for the Master Address File/Topologically
Integrated Geographic Encoding and Referencing (MAF/TIGER) system.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $180,853,000,
to remain available until September 30, 2005, of which $80,082,000 is
for economic statistics programs and $100,771,000 is for
demographic <<NOTE: Reports.>> statistics programs: Provided, That
regarding engineering and design of a facility at the Suitland Federal
Center, quarterly reports regarding the expenditure of funds and project
planning, design and cost decisions shall be provided by the Bureau, in
cooperation with the General Services Administration, to the Committees
on Appropriations of the Senate and the House of Representatives:
Provided further, That none of the funds provided in this or any other
Act under the heading ``Bureau of the Census, Periodic Censuses and
Programs'' shall be used to fund the construction and tenant build-out
costs of a facility at the Suitland Federal Center.
National Telecommunications and Information Administration
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
[[Page 118 STAT. 68]]
$14,604,000, to remain available until September 30, 2005: Provided,
That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, and operations, and related services and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
For grants authorized by section 392 of the Communications Act of
1934, $22,000,000, to remain available until expended as authorized by
section 391 of the Act: Provided, That not to exceed $2,000,000 shall be
available for program administration as authorized by section 391 of the
Act: Provided further, That, notwithstanding the provisions of section
391 of the Act, the prior year unobligated balances may be made
available for grants for projects for which applications have been
submitted and approved during any fiscal year.
For grants authorized by section 392 of the Communications Act of
1934, $15,000,000, to remain available until expended as authorized by
section 391 of the Act: Provided, That not to exceed $3,000,000 shall be
available for program administration and other support activities as
authorized by section 391: Provided further, That, of the funds
appropriated herein, not to exceed 5 percent may be available for
telecommunications research activities for projects related directly to
the development of a national information infrastructure: Provided
further, That, notwithstanding the requirements of sections 392(a) and
392(c) of the Act, these funds may be used for the planning and
construction of telecommunications networks for the provision of
educational, health care, or public information: Provided further, That,
notwithstanding any other provision of law, no entity that receives
telecommunications services at preferential rates under section 254(h)
of the Act (47 U.S.C. 254(h)) or receives assistance under the regional
information sharing systems grant program of the Department of Justice
under part M of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under this
heading to cover any costs of the entity that would otherwise be covered
by such preferential rates or such assistance, as the case may be.
[[Page 118 STAT. 69]]
United States Patent and Trademark Office
For necessary expenses of the United States Patent and Trademark
Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office,
$1,222,460,000, to remain available until expended, which amount shall
be derived from offsetting collections assessed and collected pursuant
to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained and
used for necessary expenses in this appropriation: Provided, That the
sum herein appropriated from the general fund shall be reduced as such
offsetting collections are received during fiscal year 2004, so as to
result in a fiscal year 2004 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2004, should
the total amount of offsetting fee collections be less than
$1,222,460,000, the total amounts available to the United States Patent
and Trademark Office shall be reduced accordingly: Provided further,
That from amounts provided herein, not to exceed $1,000 shall be made
available in fiscal year 2004 for official reception and representation
expenses: Provided further, That, notwithstanding section 1353 of title
31, United States Code, no employee of the United States Patent and
Trademark Office may accept payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an employee to attend and participate in a convention,
conference, or meeting when the entity offering payment or reimbursement
is a person or corporation subject to regulation by the Office, or
represents a person or corporation subject to regulation by the Office,
unless the person or corporation is an organization exempt from taxation
pursuant to section 501(c)(3) of the Internal Revenue Code of 1986.
Science and Technology
Technology Administration
For necessary expenses for the Under Secretary for Technology Office
of Technology Policy, $6,411,000.
National Institute of Standards and Technology
For necessary expenses of the National Institute of Standards and
Technology, $344,366,000, to remain available until expended, of which
not to exceed $282,000 may be transferred to the ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership of
the National Institute of Standards and Technology, $39,607,000, to
remain available until expended.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
[[Page 118 STAT. 70]]
$179,175,000, to remain available until expended, of which $60,700,000
shall be expended for the award of new grants before September 30, 2004.
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$64,954,000, to remain available until expended.
National Oceanic and Atmospheric Administration
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities as
authorized, $2,686,520,000, to remain available until September 30,
2005, except for funds provided for cooperative enforcement which shall
remain available until September 30, 2006: Provided, That fees and
donations received by the National Ocean Service for the management of
the national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities, notwithstanding
31 U.S.C. 3302: Provided further, That, in addition, $62,000,000 shall
be derived by transfer from the fund entitled ``Promote and Develop
Fishery Products and Research Pertaining to American Fisheries'':
Provided further, That grants to States pursuant to sections 306 and
306A of the Coastal Zone Management Act of 1972, as amended, shall not
exceed $2,000,000, unless funds provided for ``Coastal Zone Management
Grants'' exceed funds provided in the previous fiscal year: Provided
further, That if funds provided for ``Coastal Zone Management Grants''
exceed funds provided in the previous fiscal year, then no State shall
receive more than 5 percent or less than 1 percent of the additional
funds: Provided further, That, of the $2,748,520,000 provided for in
direct obligations under this heading (of which $2,686,520,000 is
appropriated from the General Fund and $62,000,000 is provided by
transfer), $513,910,000 shall be for the National Ocean Service,
$639,990,000 shall be for the National Marine Fisheries Service,
$400,813,000 shall be for Oceanic and Atmospheric Research, $729,685,000
shall be for the National Weather Service, $153,827,000 shall be for the
National Environmental Satellite, Data, and Information Service, and
$310,295,000 shall be for Program Support: Provided further, That no
general administrative charge shall be applied against an assigned
activity included in this Act or the report accompanying this Act:
Provided further, That deobligated balances of funds provided under this
heading in previous years shall be deposited in the United States
Treasury General Fund: Provided further, That payments of funds made
available under this heading to the Department of Commerce Working
Capital Fund shall not exceed $38,758,000: Provided further, That none
of the funds under this
[[Page 118 STAT. 71]]
heading are available to alter the existing structure, organization,
function, and funding of the National Marine Fisheries Service Southwest
Region and Fisheries Science Center and Northwest Region and <<NOTE: 15
USC 1540 note.>> Fisheries Science Center: Provided further, That,
hereafter, the Secretary of Commerce may enter into cooperative
agreements with the Joint and Cooperative Institutes as designated by
the Secretary to use the personnel, services, or facilities of such
organizations for research, education, training, and outreach: Provided
further, That of the amounts appropriated under this heading, $1,207,000
shall be transferred to and merged with funds appropriated under the
heading, ``Salaries and Expenses, Marine Mammal Commission'', of which
$500,000 shall remain available until September 30, 2005: Provided
further, That none of the funds in this Act may be used for the National
Oceanic and Atmospheric Administration to implement the Department of
Commerce's E-Government initiatives.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $990,127,000, to remain available until
September 30, 2006, except for funds appropriated for the National
Marine Fisheries Service Honolulu Laboratory and the Marine
Environmental Health Research Laboratory, which shall remain available
until expended: Provided, That of the amounts provided for the National
Polar-orbiting Operational Environmental Satellite System, funds shall
only be made available on a dollar for dollar matching basis with funds
provided for the same purpose by the Department of Defense: Provided
further, That none of the funds provided in this Act or any other Act
under the heading ``National Oceanic and Atmospheric Administration,
Procurement, Acquisition and Construction'' shall be used to fund the
General Services Administration's standard construction and tenant
build-out costs of a facility at the Suitland Federal Center.
For necessary expenses associated with the restoration of Pacific
salmon populations, $90,000,000.
For the costs of direct loans as authorized by the Merchant Marine
Act of 1936: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in the Federal Credit Reform Act of
1990: Provided further, That these funds are available to subsidize
gross obligations for the principle amount of direct loans not to exceed
$5,000,000 for Individual Fishing Quota loans, and not to exceed
$59,000,000 for traditional direct loans, of which $40,000,000 may be
used for direct loans to the United States distant water tuna fleet, and
of which $19,000,000 may be used for direct loans to the United States
menhaden fishery: Provided
[[Page 118 STAT. 72]]
further, That none of the funds made available under this heading may be
used for direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
Departmental Management
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official entertainment, $47,289,000: Provided, That not to
exceed 12 full-time equivalents and $1,621,000 shall be expended for the
legislative affairs function of the Department.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $21,116,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
not otherwise authorized only upon the certification of officials
designated by the Secretary of Commerce that such payments are in the
public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. <<NOTE: 15 USC 313 note.>> Hereafter, none of the funds
made available by this or any other Act for the National Oceanic and
Atmospheric Administration may be used to support the hurricane
reconnaissance aircraft and activities that are under the control of the
United States Air Force or the United States Air Force Reserve.
Sec. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, <<NOTE: Notification.>> That the Secretary of Commerce shall
notify the Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including land,
structures, and equipment) not specifically provided for in this or any
other Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act.
Sec. 205. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response
[[Page 118 STAT. 73]]
to funding reductions included in this title or from actions taken for
the care and protection of loan collateral or grant property shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. <<NOTE: 31 USC 501 note.>> Hereafter, the Secretary of
Commerce may use the Commerce franchise fund for expenses and equipment
necessary for the maintenance and operation of such administrative
services as the Secretary determines may be performed more
advantageously as central services, pursuant to section 403 of Public
Law 103-356: Provided, That any inventories, equipment, and other assets
pertaining to the services to be provided by such fund, either on hand
or on order, less the related liabilities or unpaid obligations, and any
appropriations made for the purpose of providing capital shall be used
to capitalize such fund: Provided further, That such fund shall be paid
in advance from funds available to the Department and other Federal
agencies for which such centralized services are performed, at rates
which will return in full all expenses of operation, including accrued
leave, depreciation of fund plant and equipment, amortization of
automated data processing software and systems (either acquired or
donated), and an amount necessary to maintain a reasonable operating
reserve, as determined by the Secretary: Provided further, That such
fund shall provide services on a competitive basis: Provided further,
That an amount not to exceed 4 percent of the total annual income to
such fund may be retained in the fund for fiscal year 2004 and each
fiscal year thereafter, to remain available until expended, to be used
for the acquisition of capital equipment, and for the improvement and
implementation of department financial management, automated data
processing, and other support systems: Provided further, That such
amounts retained in the fund for fiscal year 2004 and each fiscal year
thereafter shall be available for obligation and expenditure only in
accordance with <<NOTE: Deadline.>> section 605 of this Act: Provided
further, That no later than 30 days after the end of each fiscal year,
amounts in excess of this reserve limitation shall be deposited as
miscellaneous receipts in the Treasury.
Sec. 207. Notwithstanding any other provision of law, of the amounts
made available elsewhere in this title to the ``National Institute of
Standards and Technology, Construction of Research Facilities'',
$14,000,000 is appropriated to fund a cooperative agreement with the
Medical University of South Carolina, $5,000,000 is appropriated to the
Thayer School of Engineering, of which $1,000,000 is for research
relating to intelligent control of distributed systems, $2,000,000 is
for a smart laser beam project, and $2,000,000 is for research relating
to nanomagnetics, $500,000 is appropriated to the Institute for
Information Infrastructure Protection at the Institute for Security and
Technology Studies, $1,000,000 is appropriated for the Institute of
Politics, and $500,000 is appropriated for the Coastal Conservation
Center.
Sec. 208. Of the amount available from the fund entitled ``Promote
and Develop Fishery Products and Research Pertaining to
[[Page 118 STAT. 74]]
American Fisheries'', $10,000,000 shall be provided to the Alaska
Fisheries Marketing Board, $2,000,000 shall be available to the Gulf and
South Atlantic Fisheries Foundation, $2,000,000 shall be available to
the South Carolina Seafood Alliance, $1,500,000 shall be available to
the Oregon Trawl Commission, and $1,500,000 shall be available to the
Oregon State University Seafood Laboratory: Provided, That: (1) the
Alaska Fisheries Marketing Board (hereinafter ``the Board'') shall be a
nonprofit organization and not an agency or establishment of the United
States; (2) the Secretary may appoint, assign, or otherwise designate as
Executive Director an employee of the Department of Commerce, who may
serve in an official capacity in such position, with or without
reimbursement, and such appointment or assignment shall be without
interruption or loss of civil service status or privilege; and (3) the
Board may adopt bylaws consistent with the purposes of this section, and
may undertake other acts necessary to carry out the provisions of this
section.
Sec. 209. (a) Notwithstanding the provisions of the Public Works and
Economic Development Act as amended (42 U.S.C. 3121, et seq.) or any
other provision of law, the Economic Development Administration shall
approve the sale, transfer, or conveyance, without compensation to the
agency, of any land on the former Charleston Naval Base, located north
of Viaduct Road which was improved by EDA project numbers 04-49-04196,
04-49-04280, 04-49-04462, and 04-49-04461 and funds obligated but not
yet disbursed in connection with EDA project number 04-49-04347 shall
remain available until expended and, as of September 30, 2003, shall be
exempt from the application of section 1552 of title 31, United States
Code.
(b) <<NOTE: Alabama. Alabama Real Estate Holdings,
Inc.>> Notwithstanding any other provision of law, the Secretary of
Commerce shall approve, without compensation to the Agency, a lease to
be entered into by the City of Florence, Alabama, and Alabama Real
Estate Holdings, Inc., containing such terms and conditions as the city
of Florence determines appropriate, for use of the parcel of land
(including improvements thereon) located in Florence, Alabama, that was
improved using assistance from the Economic Development Administration
under EDA project number 04-01-03963.
Sec. 210. (a) <<NOTE: South Carolina. Memorandum.>> The Secretary of
Commerce is authorized to operate a marine laboratory in South Carolina
in accordance with a memorandum of agreement, including any future
amendments, among the National Oceanic and Atmospheric Administration,
the National Institute of Standards and Technology, the State of South
Carolina, the Medical University of South Carolina, and the College of
Charleston as a partnership for collaborative, interdisciplinary marine
scientific research.
(b) To carry out subsection (a), the agencies that are partners in
the Laboratory may accept, apply for, use, and spend Federal, State,
private and grant funds as necessary to further the mission of the
Laboratory without regard to the source or of the period of availability
of these funds and may apply for and hold patents, as well as share
personnel, facilities, and property. Any funds collected or accepted by
any partner may be used to offset all or portions of its costs,
including overhead, without regard to 31 U.S.C. 143302(b); to reimburse
other participating agencies for all or portions of their costs; and to
fund research and facilities expansion. Funds for management and
operation of the Laboratory may
[[Page 118 STAT. 75]]
be used to sustain basic laboratory operations for all participating
entities. The Secretary of Commerce is authorized to charge fees and
enter into contracts, grants, cooperative agreements and other
arrangements with Federal, State, private entities, and other entities,
domestic and foreign, to further the mission of the Laboratory. Any
funds collected from such fees or arrangements shall be used to support
cooperative research, basic operations, and facilities enhancement at
the Laboratory.
Sec. 211. Extension of Guarantee Authority. (a) In General.--Section
101(k) of the Emergency Steel Loan Guarantee Act of 1999 (Public Law
106-51; 15 U.S.C. 1841 note) is amended by striking ``2003'' and
inserting ``2005''.
(b) Salaries and Expenses.--In addition to funds made available
under section 101(j) of Emergency Steel Loan Guarantee Act of 1999 (15
U.S.C. 1841 note), up to $2,000,000 in funds made available under
section 101(f) of such Act may be used for salaries and administrative
expenses to administer the Emergency Steel Loan Guarantee Program.
Sec. 212. In addition to amounts made available under the heading
``Procurement, Acquisition and Construction, National Oceanic and
Atmospheric Administration'' $1,500,000 shall be available for the
Western Carolina University, $1,000,000 shall be available for the South
Florida Museum, $140,000 shall be available for the French and Indian
War Foundation, $1,000,000 shall be available for the City of
Chattanooga, Tennessee, $1,000,000 shall be available for the University
of Mississippi, $1,000,000 shall be available for the City of Charlotte,
North Carolina, and $489,000 shall be available for a public safety
marine docking facility for Hampton, New Hampshire.
Sec. 213. In addition to amounts appropriated or otherwise made
available by this Act or any other Act, $500,000 shall be provided until
expended for the Federal Credit Reform Act cost of a reduction loan
under sections 1111 and 1112 of title XI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1279f, 1279g), not to exceed $50,000,000 in
principal, that--
(1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a
term of not less than 30 years;
(2) carries out a New England lobster fishing capacity
reduction program which may include fewer than all management
areas of the fishery;
(3) permanently revokes all fishery licenses, fishery
permits, area and species endorsements, and any other fishery
privileges issued to a vessel or vessels (or to persons on the
basis of their operation or ownership of that vessel or vessels)
removed under the program; and
(4) ensures that all vessels removed from the fishery under
the program are made permanently ineligible to participate in
any fishery worldwide, and that the owners of such vessels will
operate only under the United States flag or such vessels shall
be scrapped as a reduction vessel pursuant to section
600.1011(c) of title 50, Code of Federal Regulations.
Sec. 214. In addition to amounts appropriated or otherwise made
available by this Act or any other Act, $500,000 shall be provided until
expended for the Federal Credit Reform Act cost of a reduction loan
under sections 1111 and 1112 of title XI of the Merchant Marine Act,
1936 (46 U.S.C. App. 1279f, 1279g), not to exceed $50,000,000 in
principal, that--
[[Page 118 STAT. 76]]
(1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a
term of not less than 30 years;
(2) carries out a Bering Sea and Aleutian Islands non-
pollock groundfish capacity reduction program which may include
fewer than all management areas of the fishery;
(3) permanently revokes all fishery licenses, fishery
permits, area and species endorsements, and any other fishery
privileges issued to a vessel or vessels (or to persons on the
basis of their operation or ownership of that vessel or vessels)
removed under the program; and
(4) ensures that all vessels removed from the fishery under
the program are made permanently ineligible to participate in
any fishery worldwide, and that the owners of such vessels will
operate only under the United States flag or such vessels shall
be scrapped as a reduction vessel pursuant to section
600.1011(c) of title 50, Code of Federal Regulations.
Sec. 215. Of the unobligated balances available to the Department of
Commerce from prior year appropriations with the exception of funds
provided for coral reef activities, fisheries enforcement, the Ocean
Health Initiative, land acquisition, and lab construction, $100,000,000
are rescinded: Provided, <<NOTE: Deadline. Reports.>> That within 30
days after the date of enactment of this section the Secretary of
Commerce shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a report specifying the amount of each
rescission made pursuant to this section.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 2004''.
TITLE III--THE <<NOTE: Judiciary Appropriations Act, 2004.>> JUDICIARY
Supreme Court of the United States
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $55,360,000.
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect as
authorized by law, $10,591,000, which shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $20,662,000.
[[Page 118 STAT. 77]]
United States Court of International Trade
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses of
the court, as authorized by law, $14,068,000.
Courts of Appeals, District Courts, and Other Judicial Services
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $3,994,176,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects: Provided, That any funds appropriated in this Act
to be used for the United States District Court for the Eastern District
of Texas will also be made available for the Sherman Division's
expansion into Plano, Texas, and the Sherman Division is also granted
authority to hold court proceedings there.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $3,193,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964; the compensation and reimbursement of expenses of persons
furnishing investigative, expert and other services under the Criminal
Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign countries
with which the United States has a treaty for the execution of penal
sentences; the compensation of attorneys appointed to represent jurors
in civil actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d); and for necessary training and general
administrative expenses, $604,477,000, to remain available until
expended.
[[Page 118 STAT. 78]]
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $57,822,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
For necessary expenses, not otherwise provided for, incident to
providing protective guard services for United States courthouses and
the procurement, installation, and maintenance of security equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, and other similar
activities as authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $277,500,000, of which not
to exceed $10,000,000 shall remain available until expended, to be
expended directly or transferred to the United States Marshals Service,
which shall be responsible for administering the Judicial Facility
Security Program consistent with standards or guidelines agreed to by
the Director of the Administrative Office of the United States Courts
and the Attorney General.
Administrative Office of the United States Courts
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $66,000,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $21,440,000; of which $1,800,000 shall remain
available through September 30, 2005, to provide education and training
to Federal court personnel; and of which not to exceed $1,000 is
authorized for official reception and representation expenses.
[[Page 118 STAT. 79]]
Judicial Retirement Funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $700,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $2,600,000.
United States Sentencing Commission
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $12,354,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for District Courts, Courts of Appeals, and
Other Judicial Services shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
This title may be cited as the ``Judiciary Appropriations Act,
2004''.
TITLE IV--DEPARTMENT <<NOTE: Department of State and Related Agency
Appropriations Act, 2004.>> OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including employment, without regard
to civil service and classification laws, of persons on a temporary
basis (not to exceed $700,000 of this appropriation),
[[Page 118 STAT. 80]]
as authorized by section 801 of the United States Information and
Educational Exchange Act of 1948; representation to certain
international organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and consent of the
Senate or specific Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange or
purchase of passenger motor vehicles as authorized by law; and for
expenses of general administration, $3,420,000,000: Provided, That not
to exceed 69 permanent positions and $7,311,000 shall be expended for
the Bureau of Legislative Affairs: Provided further, That, of the amount
made available under this heading, not to exceed $4,000,000 may be
transferred to, and merged with, funds in the ``Emergencies in the
Diplomatic and Consular Service'' appropriations account, to be
available only for emergency evacuations and terrorism rewards: Provided
further, That, of the amount made available under this heading,
$301,563,000 shall be available only for public diplomacy
international <<NOTE: Establishment.>> information programs: Provided
further, That of the amount made available under this heading,
$3,000,000 shall be available only for the establishment and operations
of an Office on Right-Sizing the United States Government Overseas
Presence: Provided further, That funds available under this heading may
be available for a United States Government interagency task force to
examine, coordinate and oversee United States participation in the
United Nations headquarters renovation project: Provided
further, <<NOTE: China. Notification.>> That no funds may be obligated
or expended for processing licenses for the export of satellites of
United States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at least 15 days
in advance, the Committees on Appropriations of the House of
Representatives and the Senate are notified of such proposed action.
In addition, not to exceed $1,371,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act; in addition, as authorized by section 5 of
such Act, $490,000, to be derived from the reserve authorized by that
section, to be used for the purposes set out in that section; in
addition, as authorized by section 810 of the United States Information
and Educational Exchange Act, not to exceed $6,000,000, to remain
available until expended, may be credited to this appropriation from
fees or other payments received from English teaching, library, motion
pictures, and publication programs and from fees from educational
advising and counseling and exchange visitor programs; and, in addition,
not to exceed $15,000, which shall be derived from reimbursements,
surcharges, and fees for use of Blair House facilities.
In <<NOTE: Establishment.>> addition, for the costs of worldwide
security upgrades, $646,701,000, to remain available until expended:
Provided, That, of the amounts made available under this paragraph,
$5,000,000 is for the State Department to establish the Center for
Antiterrorism and Security Training.
In addition, for the costs of worldwide OpenNet and classified
connectivity infrastructure, $40,000,000, to remain available until
expended.
[[Page 118 STAT. 81]]
For necessary expenses of the Capital Investment Fund, $80,000,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
For necessary expenses of the Office of Inspector General,
$31,703,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections.
For expenses of educational and cultural exchange programs, as
authorized, $320,000,000, to remain available until expended: Provided,
That not to exceed $2,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized.
For representation allowances as authorized, $9,000,000.
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$10,000,000, to remain available until September 30, 2005.
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $530,000,000, to remain
available until expended as authorized, of which not to exceed $20,000
may be used for domestic and overseas representation as authorized:
Provided, That none of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or generators for
other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $861,400,000, to remain
available until expended.
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$1,000,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
[[Page 118 STAT. 82]]
For the cost of direct loans, $612,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974. In
addition, for administrative expenses necessary to carry out the direct
loan program, $607,000, which may be transferred to and merged with the
Diplomatic and Consular Programs account under Administration of Foreign
Affairs.
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $18,782,000.
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $134,979,000.
International Organizations
For <<NOTE: 22 USC 269a note.>> expenses, not otherwise provided
for, necessary to meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified pursuant to
the advice and consent of the Senate, conventions or specific Acts of
Congress, $1,010,463,000: Provided, That the Secretary of State shall
transmit to the Committees on Appropriations of the Senate and of the
House of Representatives the most recent biennial budget prepared by the
United Nations for the operations of the United Nations: Provided
further, <<NOTE: Notification. contributions for international
peacekeeping activities>> That the Secretary of State shall notify the
Committees on Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United Nations
budget and cause the United Nations to exceed the adopted budget for the
biennium 2002-2003 of $2,891,000,000: Provided further, That any payment
of arrearages under this title shall be directed toward special
activities that are mutually agreed upon by the United States and the
respective international organization: Provided further, That none of
the funds appropriated in this paragraph shall be available for a United
States contribution to an international organization for the United
States share of interest costs made known to the United States
Government by such organization for loans incurred on or after October
1, 1984, through external borrowings: Provided further, That funds
appropriated under this paragraph may be obligated and expended to pay
the full United States assessment to the civil budget of the North
Atlantic Treaty Organization.
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $550,200,000, of which
10 percent shall remain available until September 30,
[[Page 118 STAT. 83]]
2005: Provided, That of the amount provided under this heading,
$95,358,000 shall be derived from prior year unobligated balances from
funds previously appropriated <<NOTE: Notification.>> under this
heading: Provided further, That none of the funds made available under
this Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance of
voting for the new or expanded mission in the United Nations Security
Council (or in an emergency as far in advance as is practicable): (1)
the Committees on Appropriations of the House of Representatives and the
Senate and other appropriate committees of the Congress are notified of
the estimated cost and length of the mission, the vital national
interest that will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is submitted,
and the procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded mission:
Provided further, <<NOTE: Certification.>> That funds shall be available
for peacekeeping expenses only upon a certification by the Secretary of
State to the appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities to provide
equipment, services, and material for United Nations peacekeeping
activities equal to those being given to foreign manufacturers and
suppliers: Provided further, That none of the funds made available under
this heading are available to pay the United States share of the cost of
court monitoring that is part of any United Nations peacekeeping
mission.
International Commissions
For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
provided for, to meet obligations of the United States arising under
treaties, or specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $26,000,000.
For detailed plan preparation and construction of authorized
projects, $3,551,000, to remain available until expended, as authorized.
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized
[[Page 118 STAT. 84]]
by Public Law 103-182, $8,944,000, of which not to exceed $9,000 shall
be available for representation expenses incurred by the International
Joint Commission.
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $19,300,000: Provided,
That the United State's share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by the Asia
Foundation Act (22 U.S.C. 4402), $13,000,000, to remain available until
expended, as authorized.
For <<NOTE: Establishment. international center for middle eastern-
western dialogue>> a grant to the International Center for Middle
Eastern-Western Dialogue Trust Fund, $7,000,000, for operation of the
International Center for Middle Eastern-Western Dialogue, Istanbul,
Turkey, to remain available until expended, of which $250,000 shall be
made available out of such Trust Fund for the establishment and
operation of a steering committee, which the Secretary of State shall
appoint to establish the International Center for Middle Eastern-Western
Dialogue.
For necessary expenses of the International Center for Middle
Eastern-Western Dialogue, out of the International Center for Middle
Eastern-Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund before October 1, 2004, to remain
available until expended.
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2004, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
(Cost Principles for Non-profit Organizations), including the
restrictions on compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization
[[Page 118 STAT. 85]]
Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and
earnings accruing to the Israeli Arab Scholarship Fund on or before
September 30, 2004, to remain available until expended.
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$17,880,000: Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376:
Provided further, That, notwithstanding any other provision of law, the
funds appropriated to the East-West Center appropriation in Public Law
108-7 may be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, as amended.
For grants made by the Department of State to the National Endowment
for Democracy as authorized by the National Endowment for Democracy Act,
$40,000,000 to remain available until expended.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, including the purchase, installation, rent, and improvement
of facilities for radio and television transmission and reception to
Cuba, $546,038,000, of which not to exceed $16,000 may be used for
official receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as authorized, and
not to exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty; and in
addition, notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from business
ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for carrying out
authorized purposes: Provided, That of the amount made available under
this heading, $42,250,000 shall be available to make and supervise
grants to the Middle East Television Network, including Radio Sawa, for
radio and television broadcasting to the Middle East.
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission
[[Page 118 STAT. 86]]
and reception as authorized, $11,395,000, to remain available until
expended, as authorized.
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for services
as authorized by 5 U.S.C. 3109; and for hire of passenger transportation
pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. None of the funds made available in this Act may be used
by the Department of State or the Broadcasting Board of Governors to
provide equipment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corporation.
Sec. 404. <<NOTE: Citizenship.>> For the purposes of registration of
birth, certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the Secretary of
State shall, upon request of the citizen, record the place of birth as
Israel.
Sec. 405. Section 2502 of the Emergency Wartime Supplemental
Appropriations Act, <<NOTE: 117 Stat. 595.>> 2003 (Public Law 108-11) is
repealed.
Sec. 406. An application for a visa shall be denied without
prejudice under section 221(g) of the Immigration and Nationality Act (8
U.S.C. 1201(g)) if the application is delayed for a period of more than
60 days from the date of application due to administrative processing by
any agency in making a determination of inadmissibility under section
212(a)(3) of that Act (8 U.S.C. 1182(a)(3)).
Sec. 407. Funds appropriated by this Act for the Broadcasting Board
of Governors and the Department of State may be obligated and expended
notwithstanding section 15 of the State Department Basic Authorities Act
of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 408. (a) The Senior Policy Operating Group on Trafficking in
Persons, established under section 406 of division B of Public Law 108-7
to coordinate agency activities regarding policies (including grants and
grant policies) involving the international trafficking in persons,
shall coordinate all such policies related to the activities of
traffickers and victims of severe forms of trafficking.
[[Page 118 STAT. 87]]
(b) None of the funds provided in this or any other Act shall be
expended to perform functions that duplicate coordinating
responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 406 of division B of
Public Law 108-7.
Sec. 409. <<NOTE: Records. Deadline.>> The Secretary of State shall
provide to a member of the Committee on Appropriations of the Senate or
the Committee on Appropriations of the House of Representatives a copy
of each cable sent to or by a Department of State employee that pertains
to any topic specified by the requesting member, regardless of the level
of classification of the cable, not later than 15 days after the date on
which the member makes a written or verbal request for such copies.
This title may be cited as the ``Department of State and Related
Agency Appropriations Act, 2004''.
TITLE V--RELATED AGENCIES
Antitrust Modernization Commission
For necessary expenses of the Antitrust Modernization Commission, as
authorized by Public Law 107-273, $1,200,000, to remain available until
expended.
Commission for the Preservation of America's Heritage Abroad
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $496,000, as authorized by section 1303 of Public Law
99-83.
Commission on Civil Rights
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,096,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further, That
none of the funds appropriated in this paragraph shall be used to employ
in excess of four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this paragraph
shall be used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
days.
Commission on International Religious Freedom
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$3,000,000, to remain available until expended.
[[Page 118 STAT. 88]]
Commission on Security and Cooperation in Europe
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $1,615,000, to remain
available until expended as authorized by section 3 of Public Law 99-7.
Congressional-Executive Commission on the People's Republic of China
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized, $1,800,000, including not
more than $3,000 for the purpose of official representation, to remain
available until expended: Provided, That $300,000 shall be for the
Political Prisoners Registry.
Equal Employment Opportunity Commission
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964
(29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of
1990, and the Civil Rights Act of 1991, including services as authorized
by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); non-monetary awards to private citizens; and not to
exceed $33,000,000 for payments to State and local enforcement agencies
for services to the Commission pursuant to title VII of the Civil Rights
Act of 1964, sections 6 and 14 of the Age Discrimination in Employment
Act, the Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, $328,400,000: Provided, That the Commission is authorized
to make available for official reception and representation expenses not
to exceed $2,500 from available funds.
Federal Communications Commission
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109, $273,958,000:
Provided, That $272,958,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications Act
of 1934, shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2004 so as to
result in a final fiscal year 2004 appropriation estimated at
$1,000,000: Provided further, That any offsetting collections
[[Page 118 STAT. 89]]
received in excess of $272,958,000 in fiscal year 2004 shall remain
available until expended, but shall not be available for obligation
until October 1, 2004: Provided further, That notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding system that
may be retained and made available for obligation shall not exceed
$85,000,000 for fiscal year 2004.
Federal Trade Commission
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $186,041,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $112,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That $23,100,000 in offsetting collections derived
from fees sufficient to implement and enforce the Telemarketing Sales
Rule, promulgated under the Telephone Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2004, so as to result in a final fiscal year
2004 appropriation from the general fund estimated at not more than
$50,941,000: Provided further, That none of the funds made available to
the Federal Trade Commission may be used to enforce subsection (e) of
section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) or
section 151(b)(2) of the Federal Deposit Insurance Corporation
Improvement Act of <<NOTE: Deadline. Telemarketers. Records.>> 1991 (12
U.S.C. 1831t note): Provided further, That, not later than 60 days after
the date of enactment of this Act, the Federal Trade Commission shall
amend the Telemarketing Sales Rule to require telemarketers subject to
the Telemarketing Sales Rule to obtain from the Federal Trade Commission
the list of telephone numbers on the ``do-not-call'' registry once a
month.
HELP Commission
For necessary expenses of the HELP Commission, $3,000,000, to remain
available until expended.
Legal Services Corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974,
[[Page 118 STAT. 90]]
$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.
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
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
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $811,500,000; of which not to exceed $10,000
may be used toward funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to exceed
$100,000 shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other regulatory
officials, members of their delegations, appropriate representatives and
staff to exchange views concerning developments relating to securities
matters, development and implementation of cooperation agreements
concerning securities matters and provision of technical assistance for
the development of foreign securities markets, such expenses to include
necessary logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at such
consultations and meetings including: (1) such incidental expenses as
meals taken in the course of such attendance; (2)
[[Page 118 STAT. 91]]
any travel and transportation to or from such meetings; and (3) any
other related lodging or subsistence: Provided, That fees and charges
authorized by sections 6(b) of the Securities Exchange Act of 1933 (15
U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this
account as offsetting collections: Provided further, That not to exceed
$691,500,000 of such offsetting collections shall be available until
expended for necessary expenses of this account: Provided further, That
$120,000,000 shall be derived from prior year unobligated balances from
funds previously appropriated to the Securities and Exchange Commission:
Provided further, That the total amount appropriated under this heading
from the general fund for fiscal year 2004 shall be reduced as such
offsetting fees are received so as to result in a final total fiscal
year 2004 appropriation from the general fund estimated at not more than
$0.
Small Business Administration
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 105-135, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $325,750,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing activities: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to be available
for carrying out these purposes without further appropriations: Provided
further, That $89,000,000 shall be available to fund grants for
performance in fiscal year 2004 or fiscal year 2005 as authorized.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,000,000.
For the cost of direct loans, $1,910,000, to be available until
expended; and for the cost of guaranteed loans, $79,132,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2005: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That during
fiscal year 2004 commitments to guarantee loans under section 503 of the
Small Business Investment Act of 1958, shall not exceed $4,500,000,000:
Provided further, That during fiscal year 2004 commitments for general
business loans authorized under section 7(a) of the Small Business Act,
shall not exceed $10,000,000,000 without prior notification of the
Committees on Appropriations of the House of Representatives and Senate
in accordance with section 605 of this Act: Provided further, That
[[Page 118 STAT. 92]]
during fiscal year 2004 commitments to guarantee loans for debentures
and participating securities under section 303(b) of the Small Business
Investment Act of 1958, shall not exceed the levels established by
section 20(i)(1)(C) of the Small Business Act.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $128,000,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
For the cost of direct loans authorized by section 7(b) of the Small
Business Act, $56,188,000, to remain available until expended: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan program, $114,363,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, of which $500,000 is for the
Office of Inspector General of the Small Business Administration for
audits and reviews of disaster loans and the disaster loan program and
shall be transferred to and merged with appropriations for the Office of
Inspector General; of which $105,363,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program; and of which $8,500,000 is for indirect administrative
expenses: Provided, That any amount in excess of $8,500,000 to be
transferred to and merged with appropriations for Salaries and Expenses
for indirect administrative expenses shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
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
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law
102-572), $2,250,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
[[Page 118 STAT. 93]]
United States-China Economic and Security Review Commission
For necessary expenses of the United States-China Economic and
Security Review Commission, $2,000,000.
TITLE VI--GENERAL PROVISIONS
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. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 605. (a) <<NOTE: Notifications.>> None of the funds provided
under this Act, or provided under previous appropriations Acts to the
agencies funded by this Act that remain available for obligation or
expenditure in fiscal year 2004, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates new programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes or renames offices; (6)
reorganizes programs or activities; or (7) contracts out or privatizes
any functions or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2004, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects (including construction projects), or activities; (2)
reduces by 10 percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved by Congress;
or (3) results from any general savings from a reduction in personnel
[[Page 118 STAT. 94]]
which would result in a change in existing programs, activities, or
projects as approved by Congress; unless the Appropriations Committees
of both Houses of Congress are notified 15 days in advance of such
reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
Sec. 607. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 608. <<NOTE: Religious harassment.>> None of the funds made
available in this Act may be used to implement, administer, or enforce
any guidelines of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that such
guidelines do not differ in any respect from the proposed guidelines
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made available
by this Act or any other Act may be used to implement, enforce, or
otherwise abide by the Memorandum of Agreement signed by the Federal
Trade Commission and the Antitrust Division of the Department of Justice
on March 5, 2002.
Sec. 610. <<NOTE: United Nations.>> None of the funds made available
by this Act may be used for any United Nations undertaking when it is
made known to the Federal official having authority to obligate or
expend such funds that: (1) the United Nations undertaking is a
peacekeeping mission; (2) such undertaking will involve United States
Armed Forces under the command or operational control of a foreign
national; and (3) the President's military advisors have not submitted
to the President a recommendation that such involvement is in the
national security interests of the United States and the President has
not submitted to the Congress such a recommendation.
Sec. 611. <<NOTE: Records.>> The Departments of Commerce, Justice,
and State, the Judiciary and the Small Business Administration shall
provide to the Committees on Appropriations of the Senate and of the
House of Representatives a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such agency
during any previous fiscal year.
Sec. 612. (a) None of the funds appropriated or otherwise made
available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 609 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999.
(b) <<NOTE: Applicability.>> 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
[[Page 118 STAT. 95]]
to funding reductions included in this Act shall be absorbed within the
total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 614. Of the funds appropriated in this Act under the heading
``Office of Justice Programs--State and Local Law Enforcement
Assistance'', not more than 90 percent of the amount to be awarded to an
entity under the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made known to the Federal
official having authority to obligate or expend such funds that the
entity that employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968) does not provide such a public safety officer who retires
or is separated from service due to injury suffered as the direct and
proximate result of a personal injury sustained in the line of duty
while responding to an emergency situation or a hot pursuit (as such
terms are defined by State law) with the same or better level of health
insurance benefits at the time of retirement or separation as they
received while on duty.
Sec. 615. <<NOTE: Tobacco and tobacco products.>> None of the funds
provided by this Act shall be available to promote the sale or export of
tobacco or tobacco products, or to seek the reduction or removal by any
foreign country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type.
Sec. 616. (a) None of the funds appropriated or otherwise made
available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 616 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999.
(b) <<NOTE: Applicability.>> The requirements in subsections (b) and
(c) of section 616 of that Act shall continue to apply during fiscal
year 2004.
Sec. 617. (a) <<NOTE: Firearms.>> None of the funds appropriated
pursuant to this Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more than
24 hours after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the prospective
transferee would not violate subsection (g) or (n) of section
922 of title 18, United States Code, or State law.
(b) <<NOTE: Effective date.>> Subsection (a)(2) shall take effect
not later than 180 days after enactment of this Act.
Sec. 618. <<NOTE: 42 USC 10601 note.>> Notwithstanding any other
provision of law, amounts deposited or available in the Fund established
under 42 U.S.C.
[[Page 118 STAT. 96]]
10601 in any fiscal year in excess of $625,000,000 shall not be
available for obligation until the following fiscal year.
Sec. 619. <<NOTE: Discrimination.>> None of the funds made available
to the Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of students who
participate in programs for which financial assistance is provided from
those funds, or of the parents or legal guardians of such students.
Sec. 620. None of the funds appropriated or otherwise made available
to the Department of State shall be available for the purpose of
granting either immigrant or nonimmigrant visas, or both, consistent
with the determination of the Secretary of State under section 243(d) of
the Immigration and Nationality Act, to citizens, subjects, nationals,
or residents of countries that the Secretary of Homeland Security has
determined deny or unreasonably delay accepting the return of citizens,
subjects, nationals, or residents under that section.
Sec. 621. For additional amounts under the heading ``Small Business
Administration, Salaries and Expenses'', $1,592,000 shall be available
for the Advanced and Applied Polymer Processing Institute; $500,000
shall be available for Northeast South Dakota Tech-Based Skills
Development; $750,000 shall be available for the Southern Methodist
University Law School Rule of Law; $1,000,000 shall be available for the
Accelerated Entrepreneur ``AcE'' Program; $500,000 shall be available
for the National Mass Fatalities Institute; $1,000,000 shall be
available for the Textile Tracers Program; $500,000 shall be available
for the Maryland Technology-Based Rural Business Incubation Initiative;
$1,000,000 shall be available for the Northeast Indiana Innovation
Center; $750,000 shall be available for the Lewis and Clark Bicentennial
Bi-State Safety Project; $1,000,000 shall be available for the
Greenville Automotive Research Park; $1,000,000 shall be available for
the Indiana University Kokomo Business Incubator; $1,593,000 shall be
available for the Tuck School of Business for its partnership with the
Minority Business Development Administration; $500,000 shall be
available for Project Restore; $325,000 shall be available for the
School of the Building Arts Trade Program; $500,000 shall be available
for the South Carolina Export Consortium; $500,000 shall be available
for the Freewoods Farm Living Farm Museum in Horry County, South
Carolina; $1,590,000 shall be available for the Alaska InvestNet/
Technology Venture Center and Tech Ranch in Montana; $1,000,000 shall be
available for Youth and Family with Promises; $500,000 shall be
available for the Wisconsin Procurement Institute; $1,000,000 shall be
available for the Next Generation Economy Initiative; $1,000,000 shall
be available for the Westside Intercept Project; $250,000 shall be
available for the International Trade Data Network; $1,000,000 shall be
available for the University of Missouri-St. Louis Information
Technology Incubator Project; $750,000 shall be available for the Idaho
Virtual Incubator/Lewis-Clark State College; $850,000 shall be available
for the UNI Student Business Incubator; $1,500,000 shall be available
for the promotion and operation of the grant to the Adelante Development
Center, Inc., in Albuquerque, New Mexico; $250,000 shall be available
for the Mississippi Delta Technology Council; $2,250,000 shall be
available for a grant to the Virginia Community College System (VCCS)
for improvement of distance learning programs; $175,000 shall be
available for a grant to the Loudoun Convention and Visitors Association
in Virginia; $100,000 shall
[[Page 118 STAT. 97]]
be available for a grant to The Cedar Creek Battlefield Foundation;
$100,000 shall be available for a grant to Belle Grove Plantation;
$750,000 shall be available for a grant to Shenandoah University to
develop a historical and tourism development facility; $1,000,000 shall
be available for a grant to the Northern Virginia Technology Council for
a technology entrepreneurship development and resource center; $100,000
shall be available for a grant to the Washington Airports Task Force to
promote small business growth of passenger, cargo and other aviation
services; $100,000 shall be available for a grant to Team Northeast
Ohio; $500,000 shall be available for a grant to Wilberforce University
for a technology initiative; $250,000 shall be available for a grant for
REI Rural Business Resources Center in Seminole, Oklahoma; $1,100,000
shall be available for a grant to Iowa State University for the
development of a research park biologics facility; $200,000 shall be
available for a grant to the Clarion County Economic Development
Corporation; $200,000 shall be available for a grant to the Venango
Economic Development Corporation; $900,000 shall be available for a
grant to the Illinois Institute of Technology to examine and assess
advancements in biotechnologies; $1,000,000 shall be available for the
Illinois Coalition for technology development assistance activities;
$200,000 shall be available for a grant for the Port of Benton for the
planning of a science and technology park in Richland, Washington;
$1,500,000 shall be available for a grant to Rockford Area Ventures,
Rockford, Illinois, to establish a small manufacturing business
incubator and technology research and development center; $100,000 shall
be available for a grant to Western Kentucky University for a business
incubator; $200,000 shall be available for a grant for the Chicago Field
Museum for a collections resource center; $100,000 shall be available
for a grant for the Purdue University School of Pharmacy for the
development of a national center for pharmaceutical technology; $100,000
shall be available for a grant to the Cedarbridge Development Urban
Renewal Corporation for facilities development; $100,000 shall be
available for a grant for Concourse Village in the Bronx, New York;
$500,000 shall be available for a grant to Pro Co Technology Computer
Training Center in the Bronx, New York, for a computer learning center;
$200,000 shall be available for a grant for the Promesa Foundation in
South Bronx, New York, to provide community growth funding; $560,000
shall be available for a grant to Bronx Shepherds for a community
resource center; $200,000 shall be available for a grant to HOGAR, Inc.,
in the Bronx, New York; $100,000 shall be available for a grant to the
Alliance for Community Services for economic development in the Bronx,
New York; $300,000 shall be available for a grant to Promesa Enterprises
to provide services and support to community based organizations in the
Bronx, New York; $300,000 shall be available for a grant to Bronx
Overall Economic Development Corporation for technical assistance
opportunities for businesses; $250,000 shall be available for a grant to
St. Mary's College for a telecommunications initiative; $1,200,000 shall
be available for a grant to the MountainMade Foundation to fulfill its
charter purposes and to continue the initiative developed by the NTTC
for outreach and promotion, business and sites development, the
education of artists and craftspeople, and to promote small businesses,
artisans and their products through market development, advertisement,
commercial sale and other promotional means; $1,000,000 shall be
available for the
[[Page 118 STAT. 98]]
Providence, Rhode Island Center for Women and Enterprise for
infrastructure development; $1,200,000 shall be available for a grant
for Northwest Shoals Community College to establish a Center for
Business and Industry; $950,000 shall be available for a grant to the
Family and Children's Service in Minneapolis, Minnesota for community
support and development programs; $1,000,000 shall be available for a
grant to the Wisconsin Procurement Institute to develop an electronic
based system to provide access and opportunity to Federal funding;
$200,000 shall be for a grant to the National Association of Development
Organizations Research Foundation to provide training and education
assistance to small business development finance professionals; $750,000
shall be for a grant to the North Carolina Rural Economic Development
Center for expenses and activities in support of the Capital Access
Program; $500,000 shall be for a grant for the Women's Initiative for
Self Employment in San Francisco, California; $400,000 shall be for a
grant to Johnstown Area Regional Industries in Pennsylvania for
workforce development training programs and Small Business Technology
Centers; $400,000 shall be for a grant to Seton Hill University for
expenses in support of the Virtual Entrepreneurial Center; $200,000
shall be for a grant to the Economic Growth Connection Paperless
Procurement Program; $200,000 shall be for a grant for the Ridgewood
Myrtle Avenue Business Improvement District to conduct a redevelopment
study; $400,000 shall be for a grant to Progress, Inc., to establish a
Community Technology Center; $150,000 shall be for a grant for UPROSE
for the ``Sunset Youth Industries'' project; $415,000 shall be available
for a grant to the Southern and Eastern Kentucky Tourism Development
Association for continuation of a regional tourism promotion initiative;
and $300,000 shall be for the Arthur Avenue Retail Market in the Bronx,
New York, for facility, improvement, and maintenance needs to meet the
Market's business requirements: Provided, That section 625 of title I of
division B of Public Law 108-7 is amended with respect to a <<NOTE: 117
Stat. 103.>> grant of: (1) $450,000 to the Bronx Council on the Arts by
striking ``help promote stabilization of small arts organizations'' and
inserting ``provide financial assistance to small arts organizations to
help promote stabilization''; and (2) $500,000 to the City of Merrill,
Wisconsin by striking all that follows after ``Wisconsin'' and inserting
``for the capitalization of a business development fund.''.
Sec. 622. <<NOTE: Prisons and prisoners.>> None of the funds made
available to the Department of Justice in this Act may be used for the
purpose of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is classified as a
maximum or high security prisoner, other than to a prison or other
facility certified by the Federal Bureau of Prisons as appropriately
secure for housing such a prisoner.
Sec. 623. (a) <<NOTE: Prisons and prisoners.>> None of the funds
appropriated by this Act may be used by Federal prisons to purchase
cable television services, to rent or purchase videocassettes,
videocassette recorders, or other audiovisual or electronic equipment
used primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment for
inmate training, religious, or educational programs.
Sec. 624. <<NOTE: Government organization.>> A Deputy Assistant
Administrator for non-contiguous States and territories shall, through
the Senior Executive Service,
[[Page 118 STAT. 99]]
administer Small Business Administration programs in Alaska, Hawaii, and
the territories, including disaster loans to fishermen, programs
benefitting Alaska Native Corporations and Native Hawaiians, including
but not limited to section 8(a) and Historically Underutilized Business
Zones, and all other programs serving Alaska Natives and Native
Hawaiians. All disaster loans issued in Alaska shall be administered by
the Small Business Administration and shall not be sold during fiscal
year 2004.
Sec. 625. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 626. The Secretary of Commerce shall negotiate or reevaluate,
with the consent of the President, international agreements affecting
international ocean policy.
Sec. 627. <<NOTE: Telecommuni- cating. 5 USC 6120 note.>> The
Departments of Commerce, Justice, State, the Judiciary, and the Small
Business Administration shall each establish a policy under which
eligible employees may participate in telecommuting to the maximum
extent possible without diminished
employee <<NOTE: Deadline.>> performance: Provided, That, not later than
6 months after the date of the enactment of this Act, each of the
aforementioned entities shall provide that the requirements of this
section are applied to 100 percent of the workforce: Provided further,
That, of the funds appropriated in this Act for the Departments of
Commerce, Justice, and State, the Judiciary, and the Small Business
Administration, $200,000 shall be available to each Department or agency
only to implement telecommuting <<NOTE: Deadline. Reports.>> programs:
Provided further, That, every 6 months, each Department or agency shall
provide a report to the Committees on Appropriations on the status of
telecommuting programs, including the number of Federal employees
eligible for, and participating in, such programs, and uses of funds
designated under this <<NOTE: Establishment.>> section: Provided
further, That each Department or agency shall designate a ``Telework
Coordinator'' to be responsible for overseeing the implementation of
telecommuting programs and serve as a point of contact on such programs
for the Committees on Appropriations.
Sec. 628. The paragraph under the heading ``Small Business
Administration--Disaster Loans Program Account'' in chapter 2 of
division B of Public Law 107-117 <<NOTE: 115 Stat. 2297.>> is amended by
inserting ``or section 7(b) of the Small Business Act'' after
``September 11, 2001''.
Sec. 629. The Telecommunications Act of 1996 <<NOTE: 47 USC 303
note.>> is amended as follows--
(1) in section 202(c)(1)(B) <<NOTE: 110 Stat. 110.>> by
striking ``35 percent'' and inserting ``39 percent'';
(2) in section 202(c) by adding the following new paragraphs
at the end:
``(3) Divestiture.--A <<NOTE: Broadcasting.>> person or
entity that exceeds the 39 percent national audience reach
limitation for television stations in paragraph (1)(B) through
grant, transfer, or assignment of an additional license for a
commercial television broadcast station shall have not more than
2 years after exceeding such limitation to come into compliance
with such limitation. This divestiture requirement shall not
apply to persons or entities that exceed the 39 percent national
audience reach limitation through population growth.
[[Page 118 STAT. 100]]
``(4) Forbearance.--Section 10 of the Communications Act of
1934 (47 U.S.C. 160) shall not apply to any person or entity
that exceeds the 39 percent national audience reach limitation
for television stations in paragraph (1)(B);''; and
(3) in section 202(h) <<NOTE: 110 Stat. 110.>> by striking
``biennially'' and inserting ``quadrennially'' and by adding the
following new flush sentence at the end:
``This subsection does not apply to any rules relating to the 39 percent
national audience reach limitation in subsection (c)(1)(B).''.
Sec. 630. (a) Tracing studies conducted by the Bureau of Alcohol,
Tobacco, Firearms, and Explosives are released without adequate
disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall
include in all such data releases, language similar to the following
that would make clear that trace data cannot be used to draw broad
conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not all
firearms used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes or models of firearms
are used for illicit purposes. The firearms selected do not
constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are normally
traced to the first retail seller, and sources reported for
firearms traced do not necessarily represent the sources or
methods by which firearms in general are acquired for use in
crime.
Sec. 631. Section 503(f) of the Small Business Investment Act of
1958 (15 U.S.C. 697(f)) shall be amended by substituting ``March 15,
2004'' for the last date that appears in the subsection.
Sec. 632. In addition to amounts otherwise appropriated in this Act,
the unobligated balances previously made available by section 507(g) of
Public Law 105-135 shall be available until expended for the cost of
general business loans under section 7(a) of the Small Business Act.
Sec. 633. (a) <<NOTE: 22 USC 2078.>> There is established in the
Treasury of the United States a trust fund to be known as the
International Center for Middle Eastern-Western Dialogue Trust Fund. The
income from the fund shall be used for operations of the International
Center for Middle Eastern-Western Dialogue to promote dialogue and
scholarship in the Middle East. The fund may accept contributions and
gifts from public and private sources.
(b) It shall be the duty of the Secretary of the Treasury to invest
in full amounts made available to the fund. Such investments may be made
only in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the United
States. The interest on, and the proceeds from the sale or redemption
of, any obligations held in the fund shall be credited to and form a
part of the fund and shall remain available without fiscal year
limitation.
(c) For each fiscal year, there is authorized to be appropriated
from the fund for the operations of the International Center for
[[Page 118 STAT. 101]]
Middle Eastern-Western Dialogue the total amount of the interest and
earnings credited to the fund under subsection (b).
(d) There are authorized to be appropriated to the International
Center for Middle Eastern-Western Dialogue Trust Fund, without fiscal
year limitation, such sums as may be necessary to carry out the
provisions of this section and to provide for the permanent endowment
for the International Center for Middle Eastern-Western Dialogue
established under this section.
(e) <<NOTE: Turkey.>> The United States, through the Department of
State, shall retain ownership of the Palazzo Corpi building in Istanbul,
Turkey, and the Secretary of State shall be responsible for maintaining
the International Center for Middle Eastern-Western Dialogue at such
location.
(f) Section 1321(a) of title 31, United States Code, is amended by
inserting after ``(58) Inmates' fund, workhouse and reformatory,
District of Columbia.'' the following new paragraph:
``(59) International Center for Middle Eastern-Western
Dialogue Trust Fund.''.
Sec. 634. None of the funds appropriated or otherwise made available
under this Act may be used to issue patents on claims directed to or
encompassing a human organism.
Sec. 635. None of the funds made available in this Act may be used
to pay expenses for any United States delegation to the United Nations
Human Rights Commission if such commission is chaired or presided over
by a country, the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support
for acts of international terrorism.
Sec. 636. None of the funds made available in this Act may be used
in violation of section 212(a)(10)(C) of the Immigration and Nationality
Act.
Sec. 637. (a) <<NOTE: HELP Commission Act. 22 USC 2394b.>> This
section may be cited as the ``HELP Commission Act''.
(b)(1) The Congress finds that, despite the long-standing efforts
and resources of the United States dedicated to helping needy people
around the world, despair remains and in many areas is growing.
(2) Therefore, a commission should be established to bring together
the best minds associated with development and humanitarian assistance
to make a comprehensive review of--
(A) policy decisions, including why certain development
projects are funded and others are not, successes, and best
practices, including their applicability to other existing
programs and projects;
(B) delivery obstacles, including the roles of United States
agencies and other governmental and nongovernmental
organizations;
(C) methodology, including whether the delivery of United
States development assistance always represents best practices
and whether it can be improved; and
(D) results, including measuring improvements in human
capacity instead of in purely economic terms.
(3) An examination of these issues should present new approaches and
ideas to ensure that United States development assistance reaches and
benefits its intended recipients.
[[Page 118 STAT. 102]]
(c)(1) <<NOTE: Establishment.>> There is established the Helping to
Enhance the Livelihood of People (HELP) Around the Globe Commission (in
this section referred to as the ``Commission'').
(2) The Commission shall--
(A) identify the past and present objectives of United
States development assistance, identify cases in which those
objectives have been met, identify the beneficiaries of such
assistance, and what percentage of the funds provided actually
reached the intended beneficiaries;
(B) identify cases in which United States development
assistance has been most successful, and analyze how such
successes may be transferable to other countries or areas;
(C) study ways to expand educational opportunities and
investments in people, and assess infrastructure needs;
(D) analyze how the United States could place conditions on
governments in countries receiving United States development
assistance, in light of and notwithstanding the objectives of
the Millennium Challenge Account;
(E) analyze ways in which the United States can coordinate
its development assistance programs with those of other donor
countries and international organizations;
(F) analyze ways in which the safety of development
assistance workers can be ensured, particularly in the midst of
conflicts;
(G) compare the effectiveness of increased and open trade
with development assistance, and analyze the advantages and
disadvantages of such trade and whether such trade could be a
more effective alternative to United States development
assistance;
(H) analyze ways in which the United States can strengthen
the capacity of indigenous nongovernmental organizations to be
more effective in grassroots development;
(I) analyze ways in which decisions on providing development
assistance can involve more of the people of the recipient
countries;
(J) analyze ways in which results can be measured if United
States development assistance is targeted to the least developed
countries;
(K) recommend standards that should be set for
``graduating'' recipient countries from United States
development assistance;
(L) analyze whether United States development assistance
should be used as a means to achieve United States foreign
policy objectives;
(M) analyze how the United States can evaluate the
performance of its development assistance programs not only
against economic indicators, but in other ways, including how to
measure the success of United States development assistance in
democratization efforts; and evaluate the existing foreign
assistance framework to ascertain the degree of coordination, or
lack thereof, of the disparate foreign development programs as
administered by the various Federal agencies, to identify and
assess the redundancies of programs and organizational
structures engaged in foreign assistance, and to recommend
revisions to authorizing legislation for foreign assistance that
would seek to reconcile competing foreign policy and foreign aid
goals; and
[[Page 118 STAT. 103]]
(N) study any other areas that the Commission considers
necessary relating to United States development assistance.
(d)(1) The Commission shall be composed of 21 members as follows:
(A) Six members shall be appointed by the President, of whom
at least two shall be representatives of nongovernmental
organizations.
(B) Four members shall be appointed by the majority leader
of the Senate, and three members shall be appointed by the
minority leader of the Senate.
(C) Four members shall be appointed by the Speaker of the
House of Representatives, and three members shall be appointed
by the minority leader of the House of Representatives.
(D) The Administrator of the United States Agency for
International Development shall serve as a member of the
Commission, ex officio.
(2) Members under subparagraphs (A) through (C) of paragraph (1)
shall be appointed for the life of the Commission.
(3) Members of the Commission shall be selected from among
individuals noted for their knowledge and experience in foreign
assistance, particularly development and humanitarian assistance.
(4) <<NOTE: Deadline.>> The appointments under paragraph (1) shall
be made not later than 60 days after the date of the enactment of this
section.
(5) <<NOTE: President.>> The President shall designate one of the
members of the Commission not currently in Government service as the
Chair of the Commission.
(6) In order to facilitate the workload of the Commission, the
Commission shall divide the membership of the Commission into three
subcommittees representing the different regions of the world to which
the United States provides development assistance, the membership of
each subcommittee to be proportional to the percentage of United States
development assistance provided to the region represented by the
subcommittee. Each subcommittee shall elect one of its members as Chair
of the subcommittee.
(7)(A) Eleven members of the Commission shall constitute a quorum
for purposes of transacting the business of the Commission. The
Commission shall meet at the call of the Chair.
(B) A majority of the members of each regional subcommittee shall
constitute a quorum for purposes of transacting the business of the
subcommittee. Each subcommittee shall meet at the call of the Chair of
the subcommittee.
(8) Any vacancy of the Commission shall not affect its powers, but
shall be filled in the manner in which the original appointment was
made.
(9) The Administrator of General Services shall provide to the
Commission on a reimbursable basis (or, in the discretion of the
Administrator, on a nonreimbursable basis) such administrative support
services as the Commission may request to carry out this section.
(10)(A) Subject to subparagraph (B), members of the Commission shall
serve without pay.
(B) Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not receive
additional pay, allowances, or benefits by reason of their service on
the Commission.
[[Page 118 STAT. 104]]
(11) Members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(12)(A) The Chairman of the Commission may, without regard to the
civil service laws and regulations, appoint and terminate an executive
director and such other additional personnel as may be necessary to
enable the Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the Commission.
(B) To the extent or in the amounts provided in advance in
appropriations Acts--
(i) the executive director shall be compensated at the rate
payable for level V of the Executive Schedule under section 5316
of title 5, United States Code; and
(ii) the Chairman of the Commission may fix the compensation
of other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(e)(1) The Commission may, for the purpose of carrying out its
functions under this section, hold hearings, sit and act at times and
places in the United States and in countries that receive United States
development assistance, take testimony, and receive evidence as the
Commission considers advisable to carry out the purposes of this
section.
(2) The Commission may secure directly from any Federal department
or agency such information as the Commission considers necessary to
carry out the provisions of this section. Upon request of the Chair of
the Commission, the head of such department or agency shall furnish such
information to the Commission, subject to applicable law.
(3) The Commission may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the Federal Government.
(4) The Commission may adopt such rules and regulations, relating to
administrative procedure, as may be reasonably necessary to enable it to
carry out the provisions of this section.
(5) The Members of the Commission may, with the approval of the
Commission, conduct such travel as is necessary to carry out the
purposes of this section. Each trip must be approved by a majority of
the Commission.
(6) Upon the request of the Commission, the head of any Federal
department or agency may detail, on a reimbursable or nonreimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its functions under this
section. The detail of any such personnel shall be without interruption
or loss of civil service or Foreign Service status or privilege.
(f)(1) <<NOTE: Deadline. Reports.>> Not later than 2 years after the
members of the Commission are appointed under subsection (d)(1), the
Commission shall
[[Page 118 STAT. 105]]
submit a report to the President, the Secretary of State, the Committee
on Appropriations and the Committee on International Relations of the
House of Representatives, and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate, setting forth its findings
and recommendations under section (c)(2).
(2) The report may be submitted in classified form, together with a
public summary of recommendations, if the classification of information
would further the purposes of this section.
(3) Each member of the Commission may include the individual or
dissenting views of the member.
(g) The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Commission.
(h) In this section, the term ``United States development
assistance'' means--
(1) assistance provided by the United States under chapters
1, 10, 11, and 12 of part I of the Foreign Assistance Act of
1961; and
(2) assistance provided under any other provision of law to
carry out purposes comparable to those set forth in the
provisions referred to in paragraph (1).
(i)(1) There are authorized to be appropriated to the Commission
such sums as may be necessary to carry out this section.
(2) Amounts authorized to be appropriated under subsection (a) are
authorized to remain available until expended, but not later than the
date of termination of the Commission.
(j) <<NOTE: Termination.>> The Commission shall terminate 30 days
after the submission of its report under subsection (f).
(k)(1) <<NOTE: Deadlines. Reports.>> Not later than April 1, 2004,
and April 1 of each third year thereafter, the President shall transmit
to the Congress a report that analyzes, on a country-by-country basis,
the impact and effectiveness of United States economic assistance
furnished to each country during the preceding 3 fiscal years. The
report shall include the following for each recipient country:
(A) An analysis of the impact of United States economic
assistance during the preceding 3 fiscal years on economic
development in that country, with a discussion of the United
States interests that were served by the assistance. The
analysis shall be done on a sector-by-sector basis to the extent
possible and shall identify any economic policy reforms that
were promoted by the assistance. The analysis shall--
(i) include a description, quantified to the extent
practicable, of the specific objectives the United
States sought to achieve in providing economic
assistance for that country; and
(ii) specify the extent to which those objectives
were not achieved, with an explanation of why they were
not achieved.
(B) A description of the amount and nature of economic
assistance provided by other donors during the preceding 3
fiscal years, set forth by development sector to the extent
possible.
(C) A discussion of the commitment of the host government to
addressing the country's needs in each development sector,
including a description of the resources devoted by that
government to each development sector during the preceding 3
fiscal years.
[[Page 118 STAT. 106]]
(D) A description of the trends, both favorable and
unfavorable, in each development sector.
(E) Statistical and other information necessary to evaluate
the impact and effectiveness of United States economic
assistance on development in the country.
(F) A comparison of the analysis provided in the report with
relevant analyses by international financial institutions, other
international organizations, other donor countries, or
nongovernmental organizations.
(2) The report required by this section shall identify--
(A) each country in which United States economic assistance
has been most successful, as indicated by the extent to which
the specific objectives the United States sought to achieve in
providing the assistance for the country, as referred to in
paragraph (1)(A)(i), were achieved; and
(B) each country in which United States economic assistance
has been least successful, as indicated by the extent to which
the specific objectives the United States sought to achieve in
providing the assistance for the country, as referred to in
paragraph (1)(A)(i), were not achieved; and, for each such
country, an explanation of why the assistance was not more
successful and a specification of what the United States has
done as a result.
(3) Information under paragraphs (1) and (2) for a fiscal year shall
not be required with respect to a country for which United States
economic assistance for the country for the fiscal year is less than
$5,000,000.
(4) In this subsection, the term ``United States economic
assistance'' means any bilateral economic assistance, from any budget
functional category, that is provided by any department or agency of the
United States to a foreign country, including such assistance that is
intended--
(A) to assist the development and economic advancement of
friendly foreign countries and peoples;
(B) to promote the freedom, aspirations, or sustenance of
friendly peoples under oppressive rule by unfriendly
governments;
(C) to promote international trade and foreign direct
investment as a means of aiding economic growth;
(D) to save lives and alleviate suffering of foreign peoples
during or following wars, natural disasters, or complex crisies;
(E) to assist in recovery and rehabilitation of countries or
peoples following disaster or war;
(F) to protect refugees and promote durable solutions to aid
refugees;
(G) to promote sound environmental practices;
(H) to assist in development of democratic institutions and
good governance by the people of foreign countries;
(I) to promote peace and reconciliation or prevention of
conflict;
(J) to improve the technical capacities of governments to
reduce production of and demand for illicit narcotics; and
(K) to otherwise promote through bilateral foreign economic
assistance the national objectives of the United States.
Sec. 638. (a) There is hereby rescinded an amount equal to 0.465
percent of the budget authority provided for fiscal year 2004 for any
discretionary account in this Act.
[[Page 118 STAT. 107]]
(b) Any rescission made by subsection (a) shall be applied
proportionately--
(1) to each discretionary account and each item of budget
authority described in subsection (a); and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation Acts, as
delineated in the most recently submitted President's budget).
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
Of the unobligated balances available under this heading,
$67,326,000 are rescinded.
Of the unobligated balances available under this heading,
$40,000,000 are rescinded.
Legal Activities
Of the unobligated balances available under this heading,
$61,608,000 are rescinded.
Federal Prison System
Of the unobligated balances available under this heading,
$51,895,000 are rescinded.
Office of Justice Programs
Of the unobligated balances available under this heading,
$21,600,000 are rescinded.
[[Page 118 STAT. 108]]
Of the unobligated balances available under this heading, $6,378,000
are rescinded.
Of the unobligated balances available under this heading,
$15,900,000 are rescinded.
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
International Trade Administration
Of the appropriations made available for travel and tourism by
section 210 of Public Law 108-7, $40,000,000 are rescinded.
National Oceanic and Atmospheric Administration
Of the appropriations made available for coastal and ocean
activities by Public Law 106-553, $2,500,000 are rescinded.
TITLE VIII--ALASKAN FISHERIES
Sec. 801. Bering Sea and Aleutian Islands Crab Rationalization.
Section 313 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.), as amended, is further amended by adding
at the end <<NOTE: 16 USC 1862.>> thereof the following:
``(j) Bering Sea and Aleutian Islands Crab Rationalization.--
``(1) <<NOTE: Deadline.>> By not later than January 1, 2005,
the Secretary shall approve and hereafter implement by
regulation the Voluntary Three-Pie Cooperative Program for crab
fisheries of the Bering Sea and Aleutian Islands approved by the
North Pacific Fishery Management Council between June 2002 and
April 2003, and all trailing amendments including those reported
to Congress on May 6, 2003. This section shall not preclude the
Secretary from approving by January 1, 2005, and implementing
any subsequent program amendments approved by the Council.
``(2) Notwithstanding any other provision of this Act, in
carrying out paragraph (1) the Secretary shall approve all parts
of the Program referred to in such paragraph. Further, no part
of such Program may be implemented if, as approved by the North
Pacific Fishery Management Council, individual fishing quotas,
processing quotas, community development
[[Page 118 STAT. 109]]
quota allocation, voluntary cooperatives, binding arbitration,
regional landing and processing requirements, community
protections, economic data collection, or the loan program for
crab fishing vessel captains and crew members, is invalidated
subject to a judicial determination not subject to judicial
appeal. If the Secretary determines that a processor has
leveraged its Individual Processor Quota shares to acquire a
harvesters open-delivery ``B shares'', the processor's
Individual Processor Quota shares shall be forfeited.
``(3) Subsequent to implementation pursuant to paragraph
(1), the Council may submit and the Secretary may implement
changes to or repeal of conservation and management measures,
including measures authorized in this section, for crab
fisheries of the Bering Sea and Aleutian Islands in accordance
with applicable law, including this Act as amended by this
subsection, to achieve on a continuing basis the purposes
identified by the Council.
``(4) The loan program referred to in paragraph (2) shall be
carried out pursuant to the authority of sections 1111 and 1112
of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App.
1279f, 1279g).
``(5) For purposes of implementing this section $1,000,000
shall be made available each year until fully implemented from
funds otherwise made available to the National Marine Fisheries
Service for Alaska fisheries activities.
``(6) Nothing in this Act shall constitute a waiver, either
express or implied, of the antitrust laws of the United States.
The Secretary, in consultation with the Department of Justice
and the Federal Trade Commission, shall develop and implement a
mandatory information collection and review process to provide
any and all information necessary for the Department of Justice
and the Federal Trade Commission to determine whether any
illegal acts of anti-competition, anti-trust, or price collusion
have occurred among persons receiving individual processing
quotas under the Program. The Secretary may revoke any
individual processing quota held by any person found to have
violated a provision of the antitrust laws of the United States.
``(7) An individual processing quota issued under the
Program shall be considered a permit for the purposes of
sections 307, 308, and 309, and may be revoked or limited at any
time in accordance with this Act. Issuance of an individual
processing quota under the program shall not confer any right of
compensation to the holder of such individual processing quota
if it is revoked or limited and shall not create, or be
construed to create, any right, title, or interest in or to any
fish before the fish is purchased from an individual fishing
quota holder.
``(8) The restriction on the collection of economic data in
section 303 shall not apply with respect to any fish processor
who is eligible for, or who has received, individual processing
quota under the Program. The restriction on the disclosure of
information in section 402(b)(1) shall not apply when the
information is used to determine eligibility for or compliance
with an individual processing quota program.
``(9) <<NOTE: Applicability.>> The provisions of sections
308, 310, and 311 shall apply to the processing facilities and
fish products of any person
[[Page 118 STAT. 110]]
holding individual processing quota, and the provisions of
subparagraphs (D), (E), and (L) of section 307(l) shall apply to
any facility owned or controlled by a person holding individual
processing quota.''.
Sec. <<NOTE: Establishment. 16 USC 1851 note.>> 802. Gulf of Alaska
Rockfish Demonstration Program. The Secretary of Commerce, in
consultation with the North Pacific Fishery Management Council, shall
establish a pilot program that recognizes the historic participation of
fishing vessels (1996 to 2002, best 5 of 7 years) and historic
participation of fish processors (1996 to 2000, best 4 of 5 years) for
pacific ocean perch, northern rockfish, and pelagic shelf rockfish
harvested in Central Gulf of Alaska. Such a pilot program shall: (1)
provide for a set-aside of up to 5 percent for the total allowable catch
of such fisheries for catcher vessels not eligible to participate in the
pilot program, which shall be delivered to shore-based fish processors
not eligible to participate in the pilot program; and (2) establish
catch limits for non-rockfish species and non-target rockfish species
currently harvested with pacific ocean perch, northern rockfish, and
pelagic shelf rockfish, which shall be based on historical harvesting of
such bycatch species. The pilot program will sunset when a Gulf of
Alaska Groundfish comprehensive rationalization plan is authorized by
the Council and implemented by the Secretary, or 2 years from date of
implementation, whichever is earlier.
Sec. <<NOTE: 16 USC 1851 note.>> 803. Aleutian Islands Fisheries
Development. (a) Aleutian Islands Pollock Allocation.--
Effective <<NOTE: Effective date.>> January 1, 2004 and thereafter, the
directed pollock fishery in the Aleutian Islands Subarea [AI] of the
BSAI (as defined in 50 CFR 679.2) shall be allocated to the Aleut
Corporation (incorporated pursuant to the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)). Except with the permission of
the Aleut Corporation or its authorized agent, the fishing or processing
of any part of such allocation shall be prohibited by section 307 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1857), subject to the penalties and sanctions under section 308 of such
Act (16 U.S.C. 1858), and subject to the forfeiture of any fish
harvested or processed.
(b) Eligible Vessels.--Only vessels that are 60 feet or less in
length overall and have a valid fishery endorsement, or vessels that are
eligible to harvest pollock under section 208 of title II of division C
of Public Law 105-277, shall be eligible to form partnerships with the
Aleut Corporation (or its authorized agents) to harvest the allocation
under subsection (a). During the years 2004 through 2008, up to 25
percent of such allocation may be harvested by vessels 60 feet or less
in length overall. During the years 2009 through 2013, up to 50 percent
of such allocation may be harvested by vessels 60 feet or less in length
overall. After the year 2012, 50 percent of such allocation shall be
harvested by vessels 60 feet or less in length overall, and 50 percent
shall be harvested by vessels eligible under such section of Public Law
105-277.
(c) Groundfish Optimum Yield Limitation.--The optimum yield for
groundfish in the Bering Sea and Aleutian Islands Management Area shall
not exceed 2 million metric tons. For the purposes of implementing
subsections (a) and (b) without adversely affecting current fishery
participants, the allocation under subsection (a) may be in addition to
such optimum yield during the years 2004 through 2008 upon
recommendation by the North Pacific Council
[[Page 118 STAT. 111]]
and approval by the Secretary of Commerce (if consistent with the
requirements of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.)).
(d) Management and Allocation.--For the purposes of this section,
the North Pacific Fishery Management Council shall recommend and the
Secretary shall approve an allocation under subsection (a) to the Aleut
Corporation for the purposes of economic development in Adak, Alaska
pursuant to the requirements of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
Sec. 804. A Council or the Secretary may not consider or establish
any program to allocate or issue an individual processing quota or
processor share in any fishery of the United States other than the crab
fisheries of the Bering Sea and Aleutian Islands.
This division may be cited as the ``Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 2004''.
DIVISION C--DISTRICT <<NOTE: District of Columbia Appropriations Act,
2004.>> OF COLUMBIA APPROPRIATIONS ACT, 2004
An Act
Making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against the revenues of
said District for the fiscal year ending September 30, 2004, and for
other purposes.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the District of Columbia and
related agencies for the fiscal year ending September 30, 2004, and for
other purposes, namely:
TITLE I--FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$17,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of
[[Page 118 STAT. 112]]
Columbia Chief Financial Officer who shall use those funds solely for
the purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on Appropriations
of the House of Representatives and Senate for these funds showing, by
object class, the expenditures made and the purpose therefor: Provided
further, That not more than 7 percent of the total amount appropriated
for this program may be used for administrative expenses.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For necessary expenses, as determined by the Mayor of the District
of Columbia in written consultation with the elected county or city
officials of surrounding jurisdictions, $11,000,000, to remain available
until expended, to reimburse the District of Columbia for the costs of
providing public safety at events related to the presence of the
national capital in the District of Columbia and for the costs of
providing support to respond to immediate and specific terrorist threats
or attacks in the District of Columbia or surrounding jurisdictions:
Provided, That any amount provided under this heading shall be available
only after notice of its proposed use has been transmitted by the
President to Congress and such amount has been apportioned pursuant to
chapter 15 of title 31, United States Code.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$167,765,000, to be allocated as follows: for the District of Columbia
Court of Appeals, $8,775,000, of which not to exceed $1,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $83,387,000, of which not to exceed $1,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $40,006,000, of which not to exceed $1,500 is for
official reception and representation expenses; and $35,597,000, to
remain available until September 30, 2005, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with the
General Services Administration master plan study and building
evaluation report: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries and
expenses of other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the General Services
Administration (GSA), said services to include the preparation of
monthly financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations of the
House of Representatives and Senate, the Committee on Government Reform
of the House of Representatives, and the Committee on Governmental
Affairs of the Senate: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and Senate, the District of Columbia Courts may
reallocate not more than
[[Page 118 STAT. 113]]
$1,000,000 of the funds provided under this heading among the items and
entities funded under such heading.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance and/or such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Code, and payments for counsel
authorized under section 21-2060, D.C. Official Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$32,000,000, to remain available until expended: Provided, That the
funds provided in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $35,597,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this heading:
Provided further, That in addition to the funds provided under this
heading, the Joint Committee on Judicial Administration in the District
of Columbia shall use funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other than the
$35,597,000 provided under such heading for capital improvements for
District of Columbia courthouse facilities), to make payments described
under this heading for obligations incurred during any fiscal year:
Provided further, That funds provided under this heading shall be
administered by the Joint Committee on Judicial Administration in the
District of Columbia: Provided further, That notwithstanding any other
provision of law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided on a
contractual basis with the General Services Administration (GSA), said
services to include the preparation of monthly financial reports, copies
of which shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the House of Representatives and Senate,
the Committee on Government Reform of the House of Representatives, and
the Committee on Governmental Affairs of the Senate.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia and the Public Defender Service for the District of
Columbia, as authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $168,435,000, of which not to exceed
$2,000 is for official reception
[[Page 118 STAT. 114]]
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000 is for
dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $105,814,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses relating
to the supervision of adults subject to protection orders or the
provision of services for or related to such persons; of which
$37,411,000 shall be available to the Pretrial Services Agency; and of
which $25,210,000 shall be transferred to the Public Defender Service
for the District of Columbia: Provided, That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries and
expenses of other Federal agencies: Provided further, That
notwithstanding chapter 12 of title 40, United States Code, the Director
may acquire by purchase, lease, condemnation, or donation, and renovate
as necessary, Building Number 17, 1900 Massachusetts Avenue, Southeast,
Washington, District of Columbia to house or supervise offenders and
defendants, with funds made available for this purpose in Public Law
107-96: Provided further, That the Director is authorized to accept and
use gifts in the form of in-kind contributions of space and hospitality
to support offender and defendant programs, and equipment and vocational
training services to educate and train offenders and defendants:
Provided further, That the Director shall keep accurate and detailed
records of the acceptance and use of any gift or donation under the
previous proviso, and shall make such records available for audit and
public inspection.
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $30,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
Federal Payment for Hospital Bioterrorism Preparedness in the District
of Columbia
For a Federal payment to the District of Columbia Department of
Health to support hospital bioterrorism preparedness in the District of
Columbia, $7,500,000, of which $3,750,000 shall be for the Children's
National Medical Center in the District of Columbia for the expansion of
quarantine facilities and the establishment of a decontamination
facility, and $3,750,000 shall be for the Washington Hospital Center for
construction of containment facilities.
Federal Payment for the Anacostia Waterfront Initiative
For a Federal payment to the District of Columbia Department of
Transportation, $5,000,000, to remain available until September 30,
2005, for design and construction of a continuous pedestrian and bicycle
trail system from the Potomac River to the District's border with
Maryland.
[[Page 118 STAT. 115]]
Federal Payment to the Criminal Justice Coordinating Council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,300,000, to support initiatives related to the coordination of
Federal and local criminal justice resources in the District of
Columbia.
Federal Payment for Capital Development in the District of Columbia
For a Federal payment to the District of Columbia for capital
development, $8,150,000, to remain available until expended, of which
$150,000 shall be for renovations at Eastern Market and $8,000,000 shall
be for the Unified Communications Center.
Federal Payment for Public School Facilities
For a Federal payment to the District of Columbia Public Schools,
$4,500,000, of which $500,000 shall be for a window repair and reglazing
program and $4,000,000 shall be for a playground repair and replacement
program.
Federal Payment for a Family Literacy Program
For a Federal payment to the District of Columbia, $2,000,000 for a
family literacy program to address the needs of literacy-challenged
parents while endowing their children with an appreciation for literacy
and strengthening familial ties: Provided, That the District of Columbia
shall provide a 100 percent match with local funds as a condition of
receiving this payment.
Federal Payment for Transportation Assistance
For a Federal payment to the District of Columbia Department of
Transportation, $3,500,000, of which $500,000 shall be allocated to
implement a downtown circulator transit system, and of which $3,000,000
shall be to offset a portion of the District of Columbia's allocated
operating subsidy payment to the Washington Metropolitan Area Transit
Authority.
Federal Payment for Foster Care Improvements in the District of Columbia
For a Federal payment to the District of Columbia for foster care
improvements, $14,000,000: Provided, That $9,000,000 shall be for the
Child and Family Services Agency, of which $2,000,000 shall be to
establish an early intervention program to provide intensive and
immediate services for foster children; of which $1,000,000 shall be to
establish an emergency support fund to purchase items necessary to allow
children to remain in the care of an approved and licensed family
member; of which $3,000,000 shall be for a loan repayment program for
social workers who meet certain agency-established requirements; of
which $3,000,000 shall be to upgrade the agency's computer database to a
web-based technology and to provide computer technology for social
workers: Provided further, That $3,900,000 shall be for the Department
of Mental Health to provide all court-ordered or agency-required mental
health screenings, assessments and treatments
[[Page 118 STAT. 116]]
for children under the supervision of the Child and Family Services
Agency: Provided further, That the Director of the Department of Mental
Health shall initiate court-ordered or agency-required mental health
services within 3 days of notification that service is needed: Provided
further, That the Director of the Department of Mental Health shall
ensure that court-ordered or agency-required mental health assessments
are completed within 15 days of the request and that all assessments be
provided to the Court within 5 days of completion of the assessment:
Provided further, That $1,100,000 shall be for the Washington
Metropolitan Council of Governments, to develop a program in conjunction
with the Foster and Adoptive Parents Advocacy Center, to provide respite
care for and recruitment of foster parents: Provided further, That the
Mayor shall submit a detailed expenditure plan for the use of funds
provided under this heading within 15 days of enactment of this
legislation to the Committees on Appropriations of the House of
Representatives and Senate: Provided further, That the funds provided
under this heading shall not be made available until 30 calendar days
after the submission of a spending plan to the Committees on
Appropriations of the House of Representatives and Senate: Provided
further, That with the exception of funds provided for the Department of
Mental Health and the Washington Metropolitan Council of Governments, no
part of this appropriation may be used for contractual community-based
services: Provided further, That the Comptroller General shall prepare
and submit to the Committees on Appropriations of the House of
Representatives and Senate an accounting of all obligations and
expenditures of the funds provided under this heading: Provided further,
That the Comptroller General shall initiate management reviews of the
Child and Family Services Agency and the Department of Mental Health and
shall submit a report to the Committees on Appropriations of the House
of Representatives and Senate no later than 6 months after enactment of
this Act.
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
For a Federal payment to the Office of the Chief Financial Officer
of the District of Columbia, $32,350,000: Provided, That these funds
shall be available for the projects and in the amounts specified in the
statement of the managers on the conference report accompanying this
Act: Provided further, That each entity that receives funding under this
heading shall submit to the Office of the Chief Financial Officer of the
District of Columbia and the Committees on Appropriations of the House
of Representatives and Senate a report on the activities carried out
with such funds no later than March 15, 2004.
Federal Payment for Emergency Personnel Cross Training
For a Federal payment to the Emergency Management Agency, $500,000
for activities related to the cross training of police officers,
firefighters, emergency medical technicians, and other emergency
personnel: Provided, That this funding shall not be obligated until the
Agency submits a detailed cross training plan for the District's public
safety workforce to the Committees on Appropriations of the House of
Representatives and Senate.
[[Page 118 STAT. 117]]
Federal Payment for School Improvement
For a Federal payment for a School Improvement Program in the
District of Columbia, $40,000,000, to be allocated as follows: for the
District of Columbia Public Schools, $13,000,000 to improve public
school education in the District of Columbia, as specified in the
statement of the managers on the conference report accompanying this
Act; for the State Education Office, $13,000,000 to expand quality
charter schools in the District of Columbia, as specified in the
statement of the managers on the conference report accompanying this
Act; for the Secretary of the Department of Education, $14,000,000 to
provide opportunity scholarships for students in the District of
Columbia in accordance with title III of this Act, of which up to
$1,000,000 may be used to administer and fund assessments for title III
of this Act: Provided, That the District of Columbia Public Schools
shall submit a plan for the use of funds provided under this heading for
public school education to the Committees on Appropriations of the House
of Representatives and Senate, and the Committee on Education and the
Workforce and the Committee on Government Reform of the House of
Representatives, and the Committee on Health, Education, Labor, and
Pensions of the Senate: Provided further, That the funds provided under
this heading for public school education shall not be made available
until 30 calendar days after the submission of a spending plan by the
District of Columbia Public Schools to the Committees on Appropriations
of the House of Representatives and Senate.
TITLE II--DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.50a) and section 417 and section 436 of this Act, the
total amount appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2004 under this heading shall not
exceed the lesser of the sum of the total revenues of the District of
Columbia for such fiscal year or $6,326,138,000 (of which $3,832,734,000
shall be from local funds, $1,568,734,000 shall be from Federal grant
funds, $910,904,000 shall be from other funds, and $13,766,000 shall be
from private funds), in addition, $119,650,000 from funds previously
appropriated in this Act as Federal payments: Provided further, That
this amount may be increased by proceeds of one-time transactions, which
are expended for emergency or unanticipated operating or capital needs:
Provided further, That such increases shall be approved by enactment of
local District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act as amended by this
Act: Provided further, That the Chief Financial Officer of the District
of Columbia shall take such steps as are necessary to assure that the
District of Columbia meets these requirements, including the
apportioning by the Chief
[[Page 118 STAT. 118]]
Financial Officer of the appropriations and funds made available to the
District during fiscal year 2004, except that the Chief Financial
Officer may not reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital projects.
Governmental Direction and Support
Governmental direction and support, $284,415,000 (including
$206,825,000 from local funds, $57,440,000 from Federal grant funds, and
$20,150,000 from other funds), in addition, $32,350,000 from funds
previously appropriated in this Act under the heading ``Federal Payment
to the Office of the Chief Financial Officer of the District of
Columbia'', $11,000,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for Emergency Planning and Security
Costs in the District of Columbia'', $2,000,000 from funds previously
appropriated in this Act under the heading ``Federal Payment for a
Family Literacy Program'', and $1,100,000 from funds previously
appropriated in this Act under the heading ``Federal Payment for Foster
Care Improvements in the District of Columbia'': Provided, That not to
exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of
the District of Columbia, $2,500 for the City Administrator, and $2,500
for the Office of the Chief Financial Officer shall be available from
this appropriation for official reception and representation expenses:
Provided further, That any program fees collected from the issuance of
debt shall be available for the payment of expenses of the debt
management program of the District of Columbia: Provided further, That
no revenues from Federal sources shall be used to support the operations
or activities of the Statehood Commission and Statehood Compact
Commission: Provided further, That the District of Columbia shall
identify the sources of funding for Admission to Statehood from its own
locally generated revenues: Provided further, That notwithstanding any
other provision of law, or Mayor's Order 86-45, issued March 18, 1986,
the Office of the Chief Technology Officer's delegated small purchase
authority shall be $500,000: Provided further, That the District of
Columbia government may not require the Office of the Chief Technology
Officer to submit to any other procurement review process, or to obtain
the approval of or be restricted in any manner by any official or
employee of the District of Columbia government, for purchases that do
not exceed $500,000: Provided further, That not to exceed $25,000, to
remain available until expended, of the funds in the District of
Columbia Antitrust Fund established pursuant to section 820 of the
District of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85;
D.C. Official Code, sec. 2-308.20) is hereby made available for the use
of the Office of the Corporation Counsel of the District of Columbia in
accordance with the laws establishing this fund.
Economic Development and Regulation
Economic development and regulation, $276,647,000 (including
$53,336,000 from local funds, $91,077,000 from Federal grant funds,
$132,109,000 from other funds, and $125,000 from private funds), of
which $15,000,000 collected by the District of Columbia in the form of
BID tax revenue shall be paid to the respective BIDs pursuant to the
Business Improvement Districts Act of 1996 (D.C.
[[Page 118 STAT. 119]]
Law 11-134; D.C. Official Code, sec. 2-1215.01 et seq.), and the
Business Improvement Districts Amendment Act of 1997 (D.C. Law 12-26;
D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That such funds
are available for acquiring services provided by the General Services
Administration: Provided further, That Business Improvement Districts
shall be exempt from taxes levied by the District of Columbia.
Public Safety and Justice
Public safety and justice, $745,958,000 (including $716,715,000 from
local funds, $10,290,000 from Federal grant funds, $18,944,000 from
other funds, and $9,000 from private funds), in addition, $1,300,000
from funds previously appropriated in this Act under the heading
``Federal Payment to the Criminal Justice Coordinating Council'' and
$500,000 from funds previously appropriated in this Act under the
heading ``Federal Payment for Emergency Personnel Cross Training'':
Provided, That not to exceed $500,000 shall be available from this
appropriation for the Chief of Police for the prevention and detection
of crime: Provided further, That the Mayor shall reimburse the District
of Columbia National Guard for expenses incurred in connection with
services that are performed in emergencies by the National Guard in a
militia status and are requested by the Mayor, in amounts that shall be
jointly determined and certified as due and payable for these services
by the Mayor and the Commanding General of the District of Columbia
National Guard: Provided further, That such sums as may be necessary for
reimbursement to the District of Columbia National Guard under the
preceding proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting payment in
advance for emergency services involved.
Public Education System
Public education system, including the development of national
defense education programs, $1,157,841,000 (including $962,941,000 from
local funds, $156,708,000 from Federal grant funds, $27,074,000 from
other funds, $4,302,000 from private funds, and not to exceed
$6,816,000, to remain available until expended, from the Medicaid and
Special Education Reform Fund established pursuant to the Medicaid and
Special Education Reform Fund Establishment Act of 2002 (D.C. Law 14-
190; D.C. Official Code 4-204.51 et seq.)), in addition, $17,000,000
from funds previously appropriated in this Act under the heading
``Federal Payment for Resident Tuition Support'', $4,500,000 from funds
previously appropriated in this Act under the heading ``Federal Payment
for Public School Facilities'', and $26,000,000 from funds previously
appropriated in this Act under the heading ``Federal Payment for School
Improvement in the District of Columbia'' to be allocated as follows:
(1) District of columbia public schools.--$870,135,000
(including $738,444,000 from local funds, $114,749,000 from
Federal grant funds, $6,527,000 from other funds, $3,599,000
from private funds, and not to exceed $6,816,000, to remain
available until expended, from the Medicaid and Special
Education Reform Fund established pursuant to the Medicaid and
Special Education Reform Fund Establishment Act of 2002
[[Page 118 STAT. 120]]
(D.C. Law 14-190; D.C. Official Code 4-204.51 et seq.)), in
addition, $4,500,000 from funds previously appropriated in this
Act under the heading ``Federal Payment for Public School
Facilities'' and $13,000,000 from funds previously appropriated
in this Act under the heading ``Federal Payment for School
Improvement in the District of Columbia'' shall be available for
District of Columbia Public Schools: Provided, That
notwithstanding any other provision of law, rule, or regulation,
the evaluation process and instruments for evaluating District
of Columbia Public School employees shall be a non-negotiable
item for collective bargaining purposes: Provided further, That
this appropriation shall not be available to subsidize the
education of any nonresident of the District of Columbia at any
District of Columbia public elementary or secondary school
during fiscal year 2004 unless the nonresident pays tuition to
the District of Columbia at a rate that covers 100 percent of
the costs incurred by the District of Columbia that are
attributable to the education of the nonresident (as established
by the Superintendent of the District of Columbia Public
Schools): Provided further, That notwithstanding the amounts
otherwise provided under this heading or any other provision of
law, there shall be appropriated to the District of Columbia
Public Schools on July 1, 2004, an amount equal to 10 percent of
the total amount provided for the District of Columbia Public
Schools in the proposed budget of the District of Columbia for
fiscal year 2005 (as submitted to Congress), and the amount of
such payment shall be chargeable against the final amount
provided for the District of Columbia Public Schools under the
District of Columbia Appropriations Act, 2005: Provided further,
That not to exceed $2,500 for the Superintendent of Schools
shall be available from this appropriation for official
reception and representation expenses: Provided further, That
the District of Columbia Public Schools shall submit to the
Board of Education by January 1 and July 1 of each year a
Schedule A showing all the current funded positions of the
District of Columbia Public Schools, their compensation levels,
and indicating whether the positions are encumbered: Provided
further, That the Board of Education shall approve or disapprove
each Schedule A within 30 days of its submission and provide the
Council of the District of Columbia a copy of the Schedule A
upon its approval.
(2) State education office.--$38,752,000 (including
$9,959,000 from local funds, $28,617,000 from Federal grant
funds, and $176,000 from other funds), in addition, $17,000,000
from funds previously appropriated in this Act under the heading
``Federal Payment for Resident Tuition Support'' and $13,000,000
from funds previously appropriated in this Act under the heading
``Federal Payment for School Improvement in the District of
Columbia'' shall be available for the State Education Office:
Provided, That of the amounts provided to the State Education
Office, $500,000 from local funds shall remain available until
June 30, 2005 for an audit of the student enrollment of each
District of Columbia Public School and of each District of
Columbia public charter school.
(3) District of columbia public charter schools.--
$137,531,000 from local funds shall be available for District of
Columbia public charter schools: Provided, That there shall
[[Page 118 STAT. 121]]
be quarterly disbursement of funds to the District of Columbia
public charter schools, with the first payment to occur within
15 days of the beginning of the fiscal year: Provided further,
That if the entirety of this allocation has not been provided as
payments to any public charter schools currently in operation
through the per pupil funding formula, the funds shall be
available as follows: (A) the first $3,000,000 shall be
deposited in the Credit Enhancement Revolving Fund established
pursuant to section 603(e) of the Student Loan Marketing
Association Reorganization Act of 1996 (Public Law 104-208; 110
Stat. 3009; 20 U.S.C. 1155(e)); and (B) the balance shall be for
public education in accordance with section 2403(b)(2) of the
District of Columbia School Reform Act of 1995 (D.C. Official
Code, sec. 38-1804.03(b)(2)): Provided further, That of the
amounts made available to District of Columbia public charter
schools, $25,000 shall be made available to the Office of the
Chief Financial Officer as authorized by section 2403(b)(6) of
the District of Columbia School Reform Act of 1995 (D.C.
Official Code, sec. 38-1804.03(b)(6)): Provided further, That
$660,000 of this amount shall be available to the District of
Columbia Public Charter School Board for administrative costs:
Provided further, That notwithstanding the amounts otherwise
provided under this heading or any other provision of law, there
shall be appropriated to the District of Columbia public charter
schools on July 1, 2004, an amount equal to 25 percent of the
total amount provided for payments to public charter schools in
the proposed budget of the District of Columbia for fiscal year
2005 (as submitted to Congress), and the amount of such payment
shall be chargeable against the final amount provided for such
payments under the District of Columbia Appropriations Act,
2005.
(4) University of the district of columbia.--$80,660,000
(including $48,656,000 from local funds, $11,867,000 from
Federal grant funds, $19,434,000 from other funds, and $703,000
from private funds) shall be available for the University of the
District of Columbia: Provided, That this appropriation shall
not be available to subsidize the education of nonresidents of
the District of Columbia at the University of the District of
Columbia, unless the Board of Trustees of the University of the
District of Columbia adopts, for the fiscal year ending
September 30, 2004, a tuition rate schedule that will establish
the tuition rate for nonresident students at a level no lower
than the nonresident tuition rate charged at comparable public
institutions of higher education in the metropolitan area:
Provided further, That notwithstanding the amounts otherwise
provided under this heading or any other provision of law, there
shall be appropriated to the University of the District of
Columbia on July 1, 2004, an amount equal to 10 percent of the
total amount provided for the University of the District of
Columbia in the proposed budget of the District of Columbia for
fiscal year 2005 (as submitted to Congress), and the amount of
such payment shall be chargeable against the final amount
provided for the University of the District of Columbia under
the District of Columbia Appropriations Act, 2005: Provided
further, That not to exceed $2,500 for the President of the
University of the District of Columbia
[[Page 118 STAT. 122]]
shall be available from this appropriation for official
reception and representation expenses.
(5) District of columbia public libraries.--$28,287,000
(including $26,750,000 from local funds, $1,000,000 from Federal
grant funds, and $537,000 from other funds) shall be available
for the District of Columbia Public Libraries: Provided, That
not to exceed $2,000 for the Public Librarian shall be available
from this appropriation for official reception and
representation expenses.
(6) Commission on the arts and humanities.--$2,476,000
(including $1,601,000 from local funds, $475,000 from Federal
grant funds, and $400,000 from other funds) shall be available
for the Commission on the Arts and Humanities.
Human Support Services
Human support services, $2,360,067,000 (including $1,030,223,000
from local funds, $1,247,945,000 from Federal grant funds, $24,330,000
from other funds, $9,330,000 from private funds, and $48,239,000, to
remain available until expended, from the Medicaid and Special Education
Reform Fund established pursuant to the Medicaid and Special Education
Reform Fund Establishment Act of 2002 (D.C. Law 14-190; D.C. Official
Code 4-204.51 et seq.)), in addition, $7,500,000 from funds previously
appropriated in this Act under the heading ``Federal Payment for
Hospital Bioterrorism Preparedness in the District of Columbia'' and
$12,900,000 from funds previously appropriated in this Act under the
heading ``Federal Payment to Foster Care Improvements in the District of
Columbia'': Provided, That the funds available from the Medicaid and
Special Education Reform Fund are allocated as follows: not more than
$18,744,000 for Child and Family Services, not more than $7,795,000 for
the Department of Human Services, and not more than $21,700,000 for the
Department of Mental Health: Provided further, That $27,959,000 of this
appropriation, to remain available until expended, shall be available
solely for District of Columbia employees' disability compensation:
Provided further, That $7,500,000 of this appropriation, to remain
available until expended, shall be deposited in the Addiction Recovery
Fund, established pursuant to section 5 of the Choice in Drug Treatment
Act of 2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3004) and used
exclusively for the purpose of the Drug Treatment Choice Program
established pursuant to section 4 of the Choice in Drug Treatment Act of
2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3003): Provided
further, That no less than $2,000,000 of this appropriation shall be
available exclusively for the purpose of funding the pilot substance
abuse program for youth ages 14 through 21 years established pursuant to
section 4212 of the Pilot Substance Abuse Program for Youth Act of 2001
(D.C. Law 14-28; D.C. Official Code, sec. 7-3101): Provided further,
That $4,500,000 of this appropriation, to remain available until
expended, shall be deposited in the Interim Disability Assistance Fund
established pursuant to section 201 of the District of Columbia Public
Assistance Act of 1982 (D.C. Law 4-101; D.C. Official Code, sec. 4-
202.01), to be used exclusively for the Interim Disability Assistance
program and the purposes for that program set forth in section 407 of
the District of Columbia Public Assistance Act of 1982
[[Page 118 STAT. 123]]
(D.C. Law 13-252; D.C. Official Code, sec. 4-204.07): Provided further,
That not less than $640,531 of this appropriation shall be available
exclusively for the purpose of funding the Burial Assistance Program
established by section 1802 of the Burial Assistance Program
Reestablishment Act of 1999 (D.C. Law 13-38; D.C. Official Code, sec. 4-
1001).
Public Works
Public works, including rental of one passenger-carrying vehicle for
use by the Mayor and three passenger-carrying vehicles for use by the
Council of the District of Columbia and leasing of passenger-carrying
vehicles, $327,046,000 (including $308,028,000 from local funds,
$5,274,000 from Federal grant funds, and $13,744,000 from other funds),
in addition, $3,500,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for Transportation Assistance'':
Provided, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business.
Cash Reserve
For the cumulative cash reserve established pursuant to section
202(j)(2) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995 (D.C. Official Code, sec. 47-
392.02(j)(2)), $50,000,000 from local funds.
Emergency and Contingency Reserve Funds
For the emergency reserve fund and the contingency reserve fund
under section 450A of the District of Columbia Home Rule Act (D.C.
Official Code, sec. 1-204.50a), such amounts from local funds as are
necessary to meet the balance requirements for such funds under such
section.
Repayment of Loans and Interest
For payment of principal, interest, and certain fees directly
resulting from borrowing by the District of Columbia to fund District of
Columbia capital projects as authorized by sections 462, 475, and 490 of
the District of Columbia Home Rule Act (D.C. Official Code, secs. 1-
204.62, 1-204.75, and 1-204.90), $311,504,000 from local funds:
Provided, That for equipment leases, the Mayor may finance $14,300,000
of equipment cost, plus cost of issuance not to exceed 2 percent of the
par amount being financed on a lease purchase basis with a maturity not
to exceed 5 years.
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $3,000,000 from
local funds.
Certificates of Participation
For principal and interest payments on the District's Certificates
of Participation, issued to finance the ground lease underlying the
building located at One Judiciary Square, $4,911,000 from local funds.
[[Page 118 STAT. 124]]
Settlements and Judgments
For making refunds and for the payment of legal settlements or
judgments that have been entered against the District of Columbia
government, $22,522,000 from local funds: Provided, That this
appropriation shall not be construed as modifying or affecting the
provisions of section 103 of this Act.
Wilson Building
For expenses associated with the John A. Wilson building, $3,704,000
from local funds.
Workforce Investments
For workforce investments, $22,308,000 from local funds, to be
transferred by the Mayor of the District of Columbia within the various
appropriation headings in this Act for which employees are properly
payable.
Non-Departmental Agency
To account for anticipated costs that cannot be allocated to
specific agencies during the development of the proposed budget,
$19,639,000 (including $11,455,000 from local funds and $8,184,000 from
other funds) to be transferred by the Mayor of the District of Columbia
within the various appropriations headings in this Act: Provided, That
$11,455,000 from local funds shall be for anticipated costs associated
with the No Child Left Behind Act.
Pay-As-You-Go Capital
For Pay-As-You-Go Capital funds in lieu of capital financing,
$11,267,000 from local funds, to be transferred to the Capital Fund,
subject to the Criteria for Spending Pay-as-You-Go Funding Amendment Act
of 2003 (D.C. Act 15-106): Provided, That pursuant to this Act, there
are authorized to be transferred from Pay-As-You-Go Capital funds to
other headings of this Act, such sums as may be necessary to carry out
the purposes of this Act.
Tax Increment Financing Program
For a Tax Increment Financing Program, $1,940,000 from local funds.
Medicaid Disallowance
For making refunds associated with disallowed Medicaid funding, an
amount not to exceed $57,000,000 in local funds, to remain available
until expended: Provided, That funds are derived from a transfer from
the funds identified in the fiscal year 2002 comprehensive annual
financial report as the District of Columbia's Grants Disallowance
balance.
[[Page 118 STAT. 125]]
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
For operation of the Water and Sewer Authority, $259,095,000 from
other funds, of which $18,692,000 shall be apportioned for repayment of
loans and interest incurred for capital improvement projects and payable
to the District's debt service fund.
For construction projects, $229,807,000, to be distributed as
follows: $99,449,000 for the Blue Plains Wastewater Treatment Plant,
$16,739,000 for the sewer program, $72,047,000 for the combined sewer
program, $5,993,000 for the stormwater program, $24,431,000 for the
water program, and $11,148,000 for the capital equipment program; in
addition, $30,000,000 from funds previously appropriated in this Act
under the heading ``Federal Payment to the District of Columbia Water
and Sewer Authority'': Provided, That the requirements and restrictions
that are applicable to general fund capital improvement projects and set
forth in this Act under the Capital Outlay appropriation account shall
apply to projects approved under this appropriation account.
Washington Aqueduct
For operation of the Washington Aqueduct, $55,553,000 from other
funds.
Stormwater Permit Compliance Enterprise Fund
For operation of the Stormwater Permit Compliance Enterprise Fund,
$3,501,000 from other funds.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by
the District of Columbia Appropriation Act, 1982, for the purpose of
implementing the Law to Legalize Lotteries, Daily Numbers Games, and
Bingo and Raffles for Charitable Purposes in the District of Columbia
(D.C. Law 3-172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-
1716 et seq.), $242,755,000 from other funds: Provided, That the
District of Columbia shall identify the source of funding for this
appropriation title from the District's own locally generated revenues:
Provided further, That no revenues from Federal sources shall be used to
support the operations or activities of the Lottery and Charitable Games
Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $13,979,000 from local
funds.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established pursuant
to section 121 of the District of Columbia Retirement Reform Act of 1979
(D.C. Official Code, sec. 1-711), $13,895,000 from the earnings of the
applicable retirement funds to pay legal, management, investment, and
other fees and administrative expenses of the District of Columbia
Retirement Board: Provided, That the District of Columbia Retirement
Board shall provide to
[[Page 118 STAT. 126]]
the Congress and to the Council of the District of Columbia a quarterly
report of the allocations of charges by fund and of expenditures of all
funds: Provided further, That the District of Columbia Retirement Board
shall provide the Mayor, for transmittal to the Council of the District
of Columbia, an itemized accounting of the planned use of appropriated
funds in time for each annual budget submission and the actual use of
such funds in time for each annual audited financial report.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $69,742,000
from other funds.
National Capital Revitalization Corporation
For the National Capital Revitalization Corporation, $7,849,000 from
other funds.
Capital Outlay
For construction projects, an increase of $1,004,796,000, of which
$601,708,000 shall be from local funds, $46,014,000 from Highway Trust
funds, $38,311,000 from the Rights-of-way funds, $218,880,000 from
Federal grant funds, and a rescission of $99,884,000 from local funds
appropriated under this heading in prior fiscal years, for a net amount
of $904,913,000, to remain available until expended; in addition,
$8,150,000 from funds previously appropriated in this Act under the
heading ``Federal Payment for Capital Development in the District of
Columbia'' and $5,000,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for the Anacostia Waterfront
Initiative'': Provided, That funds for use of each capital project
implementing agency shall be managed and controlled in accordance with
all procedures and limitations established under the Financial
Management System: Provided further, That all funds provided by this
appropriation title shall be available only for the specific projects
and purposes intended.
TITLE III--DC <<NOTE: DC School Choice Incentive Act of 2003.>> SCHOOL
CHOICE INCENTIVE ACT OF 2003
SEC. 301. SHORT TITLE.
This title may be cited as the ``DC School Choice Incentive Act of
2003''.
SEC. 302. FINDINGS.
The Congress finds the following:
(1) Parents are best equipped to make decisions for their
children, including the educational setting that will best serve
the interests and educational needs of their child.
(2) For many parents in the District of Columbia, public
school choice provided for under the No Child Left Behind Act of
2001 as well as under other public school choice programs, is
inadequate due to capacity constraints. Available
[[Page 118 STAT. 127]]
educational alternatives to the public schools are insufficient
and more educational options are needed. In particular, funds
are needed to assist low-income parents to exercise choice among
enhanced public opportunities and private educational
environments, whether religious or nonreligious. Therefore, in
keeping with the spirit of the No Child Left Behind Act of 2001,
school choice options, in addition to those already available to
parents in the District of Columbia (such as magnet and charter
schools and open enrollment schools) should be made available to
those parents.
(3) In the most recent mathematics assessment on the
National Assessment of Educational Progress (NAEP), administered
in 2000, a lower percentage of 4th-grade students in the
District of Columbia demonstrated proficiency than was the case
for any State. Seventy-six percent of the District of Columbia
fourth-graders scored at the ``below basic'' level and of the
8th-grade students in the District of Columbia, only 6 percent
of the students tested at the proficient or advanced levels, and
77 percent were below basic. In the most recent NAEP reading
assessment, in 1998, only 10 percent of the District of Columbia
fourth-graders could read proficiently, while 72 percent were
below basic. At the 8th-grade level, 12 percent were proficient
or advanced and 56 percent were below basic.
(4) A program enacted for the valid secular purpose of
providing educational assistance to low-income children in a
demonstrably failing public school system is constitutional
under Zelman v. Simmons-Harris, 536 U.S. 639 (2002), if it is
neutral with respect to religion and provides assistance to a
broad class of citizens who direct government aid to religious
and secular schools solely as a result of their genuine and
independent private choices.
(5) The Mayor of the District of Columbia, the Chairman of
the Education Committee of the City Council of the District of
Columbia, and the President of the District of Columbia Board of
Education support this title.
(6) This title provides additional money for the District of
Columbia public schools and therefore money for scholarships is
not being taken out of money that would otherwise go to the
District of Columbia public schools.
(7) This title creates a 5-year program tailored to the
current needs and particular circumstances of low-income
children in District of Columbia schools. This title does not
establish parameters or requirements for other school choice
programs.
SEC. 303. PURPOSE.
The purpose of this title is to provide low-income parents residing
in the District of Columbia, particularly parents of students who attend
elementary schools or secondary schools identified for improvement,
corrective action, or restructuring under section 1116 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316), with expanded
opportunities for enrolling their children in higher-performing schools
in the District of Columbia.
SEC. 304. GENERAL AUTHORITY.
(a) Authority.--From funds appropriated to carry out this title, the
Secretary shall award grants on a competitive basis to
[[Page 118 STAT. 128]]
eligible entities with approved applications under section 305 to carry
out activities to provide eligible students with expanded school choice
opportunities. The Secretary may award a single grant or multiple
grants, depending on the quality of applications submitted and the
priorities of this title.
(b) Duration of Grants.--The Secretary may make grants under this
section for a period of not more than 5 years.
(c) Memorandum of Understanding.--The Secretary and the Mayor of the
District of Columbia shall enter into a memorandum of understanding, as
described in the statement of the managers, regarding the design of,
selection of eligible entities to receive grants under, and
implementation of, a program assisted under this title.
SEC. 305. APPLICATIONS.
(a) In General.--In order to receive a grant under this title, an
eligible entity shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require.
(b) Contents.--The Secretary may not approve the request of an
eligible entity for a grant under this title unless the entity's
application includes--
(1) a detailed description of--
(A) how the entity will address the priorities
described in section 306;
(B) how the entity will ensure that if more eligible
students seek admission in the program than the program
can accommodate, eligible students are selected for
admission through a random selection process which gives
weight to the priorities described in section 306;
(C) how the entity will ensure that if more
participating eligible students seek admission to a
participating school than the school can accommodate,
participating eligible students are selected for
admission through a random selection process;
(D) how the entity will notify parents of eligible
students of the expanded choice opportunities and how
the entity will ensure that parents receive sufficient
information about their options to allow the parents to
make informed decisions;
(E) the activities that the entity will carry out to
provide parents of eligible students with expanded
choice opportunities through the awarding of
scholarships under section 307(a);
(F) how the entity will determine the amount that
will be provided to parents for the tuition, fees, and
transportation expenses, if any;
(G) how the entity will seek out private elementary
schools and secondary schools in the District of
Columbia to participate in the program, and will ensure
that participating schools will meet the applicable
requirements of this title and provide the information
needed for the entity to meet the reporting requirements
of this title;
(H) how the entity will ensure that participating
schools are financially responsible and will use the
funds received under this title effectively;
[[Page 118 STAT. 129]]
(I) how the entity will address the renewal of
scholarships to participating eligible students,
including continued eligibility; and
(J) how the entity will ensure that a majority of
its voting board members or governing organization are
residents of the District of Columbia; and
(2) an assurance that the entity will comply with all
requests regarding any evaluation carried out under section 309.
SEC. 306. PRIORITIES.
In awarding grants under this title, the Secretary shall give
priority to applications from eligible entities who will most
effectively--
(1) give priority to eligible students who, in the school
year preceding the school year for which the eligible student is
seeking a scholarship, attended an elementary school or
secondary school identified for improvement, corrective action,
or restructuring under section 1116 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6316);
(2) target resources to students and families that lack the
financial resources to take advantage of available educational
options; and
(3) provide students and families with the widest range of
educational options.
SEC. 307. USE OF FUNDS.
(a) Scholarships.--
(1) In general.--Subject to paragraphs (2) and (3), a
grantee shall use the grant funds to provide eligible students
with scholarships to pay the tuition, fees, and transportation
expenses, if any, to enable them to attend the District of
Columbia private elementary school or secondary school of their
choice. Each grantee shall ensure that the amount of any tuition
or fees charged by a school participating in the grantee's
program under this title to an eligible student participating in
the program does not exceed the amount of tuition or fees that
the school customarily charges to students who do not
participate in the program.
(2) Payments to parents.--A grantee shall make scholarship
payments under the program under this title to the parent of the
eligible student participating in the program, in a manner which
ensures that such payments will be used for the payment of
tuition, fees, and transportation expenses (if any), in
accordance with this title.
(3) Amount of assistance.--
(A) Varying amounts permitted.--Subject to the other
requirements of this section, a grantee may award
scholarships in larger amounts to those eligible
students with the greatest need.
(B) Annual limit on amount.--The amount of
assistance provided to any eligible student by a grantee
under a program under this title may not exceed $7,500
for any academic year.
(4) Continuation of scholarships.--Notwithstanding section
312(3)(B), an eligible entity receiving a grant under this title
may award a scholarship, for the second or any
[[Page 118 STAT. 130]]
succeeding year of an eligible student's participation in a
program under this title, to a student who comes from a
household whose income does not exceed 200 percent of the
poverty line.
(b) Administrative Expenses.--A grantee may use not more than 3
percent of the amount provided under the grant each year for the
administrative expenses of carrying out its program under this title
during the year, including--
(1) determining the eligibility of students to participate;
(2) providing information about the program and the schools
involved to parents of eligible students;
(3) selecting students to receive scholarships;
(4) determining the amount of scholarships and issuing the
scholarships to eligible students;
(5) compiling and maintaining financial and programmatic
records; and
(6) providing funds to assist parents in meeting expenses
that might otherwise preclude the participation of their child
in the program.
SEC. 308. NONDISCRIMINATION.
(a) In General.--An eligible entity or a school participating in any
program under this title shall not discriminate against program
participants or applicants on the basis of race, color, national origin,
religion, or sex.
(b) Applicability and Single Sex Schools, Classes, or Activities.--
(1) In general.--Notwithstanding any other provision of law,
the prohibition of sex discrimination in subsection (a) shall
not apply to a participating school that is operated by,
supervised by, controlled by, or connected to a religious
organization to the extent that the application of subsection
(a) is inconsistent with the religious tenets or beliefs of the
school.
(2) Single sex schools, classes, or activities.--
Notwithstanding subsection (a) or any other provision of law, a
parent may choose and a school may offer a single sex school,
class, or activity.
(3) Applicability.--For purposes of this title, the
provisions of section 909 of the Education Amendments of 1972
(20 U.S.C. 1688) shall apply to this title as if section 909 of
the Education Amendments of 1972 (20 U.S.C. 1688) were part of
this title.
(c) Children With Disabilities.--Nothing in this title may be
construed to alter or modify the provisions of the Individuals with
Disabilities Education Act.
(d) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other provision of law,
a school participating in any program under this title that is
operated by, supervised by, controlled by, or connected to, a
religious organization may exercise its right in matters of
employment consistent with title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in
such title.
(2) Maintenance of purpose.--Notwithstanding any other
provision of law, funds made available under this title to
eligible students that are received by a participating school,
as a result of their parents' choice, shall not, consistent with
the first
[[Page 118 STAT. 131]]
amendment of the United States Constitution, necessitate any
change in the participating school's teaching mission, require
any participating school to remove religious art, icons,
scriptures, or other symbols, or preclude any participating
school from retaining religious terms in its name, selecting its
board members on a religious basis, or including religious
references in its mission statements and other chartering or
governing documents.
(e) Rule of Construction.--A scholarship (or any other form of
support provided to parents of eligible students) under this title shall
be considered assistance to the student and shall not be considered
assistance to the school that enrolls the eligible student. The amount
of any scholarship (or other form of support provided to parents of an
eligible student) under this title shall not be treated as income of the
parents for purposes of Federal tax laws or for determining eligibility
for any other Federal program.
SEC. 309. EVALUATIONS.
(a) In General.--
(1) Duties of the secretary and the mayor.--The Secretary
and the Mayor of the District of Columbia shall jointly select
an independent entity to evaluate annually the performance of
students who received scholarships under the 5-year program
under this title, and shall make the evaluations public in
accordance with subsection (c).
(2) Duties of the secretary.--The Secretary, through a
grant, contract, or cooperative agreement, shall--
(A) ensure that the evaluation is conducted using
the strongest possible research design for determining
the effectiveness of the programs funded under this
title that addresses the issues described in paragraph
(4); and
(B) disseminate information on the impact of the
programs in increasing the student academic achievement
of participating students, and on the impact of the
programs on students and schools in the District of
Columbia.
(3) Duties of the independent entity.--The independent
entity shall--
(A) measure the academic achievement of all
participating eligible students;
(B) use the same grade appropriate measurement every
school year to assess participating eligible students as
the measurement used by the District of Columbia Public
Schools to assess District of Columbia Public School
students in the first year of the program; and
(C) work with the eligible entities to ensure that
the parents of each student who applies for a
scholarship under this title (regardless of whether the
student receives the scholarship) and the parents of
each student participating in the scholarship program
under this title, agree that the student will
participate in the measurements given annually by the
independent entity for the period for which the student
applied for or received the scholarship, respectively.
(4) Issues to be evaluated.--The issues to be evaluated
include the following:
[[Page 118 STAT. 132]]
(A) A comparison of the academic achievement of
participating eligible students in the measurements
described in this section to the achievement of--
(i) students in the same grades in the
District of Columbia public schools; and
(ii) the eligible students in the same grades
in the District of Columbia public schools who
sought to participate in the scholarship program
but were not selected.
(B) The success of the programs in expanding choice
options for parents.
(C) The reasons parents choose for their children to
participate in the programs.
(D) A comparison of the retention rates, dropout
rates, and (if appropriate) graduation and college
admission rates, of students who participate in the
programs funded under this title with the retention
rates, dropout rates, and (if appropriate) graduation
and college admission rates of students of similar
backgrounds who do not participate in such programs.
(E) The impact of the program on students, and
public elementary schools and secondary schools, in the
District of Columbia.
(F) A comparison of the safety of the schools
attended by students who participate in the programs and
the schools attended by students who do not participate
in the programs.
(G) Such other issues as the Secretary considers
appropriate for inclusion in the evaluation.
(5) Prohibition.--Personally identifiable information
regarding the results of the measurements used for the
evaluations may not be disclosed, except to the parents of the
student to whom the information relates.
(b) Reports.--The <<NOTE: Deadlines.>> Secretary shall submit to the
Committees on Appropriations, Education and the Workforce, and
Government Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and Governmental
Affairs of the Senate--
(1) annual interim reports, not later than December 1 of
each year for which a grant is made under this title, on the
progress and preliminary results of the evaluation of the
programs funded under this title; and
(2) a final report, not later than 1 year after the final
year for which a grant is made under this title, on the results
of the evaluation of the programs funded under this title.
(c) Public Availability.--All reports and underlying data gathered
pursuant to this section shall be made available to the public upon
request, in a timely manner following submission of the applicable
report under subsection (b), except that personally identifiable
information shall not be disclosed or made available to the public.
(d) Limit on Amount Expended.--The amount expended by the Secretary
to carry out this section for any fiscal year may not exceed 3 percent
of the total amount appropriated to carry out this title for the fiscal
year.
[[Page 118 STAT. 133]]
SEC. 310. REPORTING REQUIREMENTS.
(a) Activities Reports.--Each grantee receiving funds under this
title during a year shall submit a report to the Secretary not later
than July 30 of the following year regarding the activities carried out
with the funds during the preceding year.
(b) Achievement Reports.--
(1) In general.--In addition to the reports required under
subsection (a), each grantee shall, not later than September 1
of the year during which the second academic year of the
grantee's program is completed and each of the next 2 years
thereafter, submit a report to the Secretary regarding the data
collected in the previous 2 academic years concerning--
(A) the academic achievement of students
participating in the program;
(B) the graduation and college admission rates of
students who participate in the program, where
appropriate; and
(C) parental satisfaction with the program.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information.
(c) Reports to Parent.--
(1) In general.--Each grantee shall ensure that each school
participating in the grantee's program under this title during a
year reports at least once during the year to the parents of
each of the school's students who are participating in the
program on--
(A) the student's academic achievement, as measured
by a comparison with the aggregate academic achievement
of other participating students at the student's school
in the same grade or level, as appropriate, and the
aggregate academic achievement of the student's peers at
the student's school in the same grade or level, as
appropriate; and
(B) the safety of the school, including the
incidence of school violence, student suspensions, and
student expulsions.
(2) Prohibiting disclosure of personal information.--No
report under this subsection may contain any personally
identifiable information, except as to the student who is the
subject of the report to that student's parent.
(d) Report to Congress.--The Secretary shall submit to the
Committees on Appropriations, Education and the Workforce, and
Government Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and Governmental
Affairs of the Senate an annual report on the findings of the reports
submitted under subsections (a) and (b).
SEC. 311. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.
(a) Requests for Data and Information.--Each school participating in
a program funded under this title shall comply with all requests for
data and information regarding evaluations conducted under section
309(a).
(b) Rules of Conduct and Other School Policies.--A participating
school, including those described in section 308(d), may require
eligible students to abide by any rules of conduct
[[Page 118 STAT. 134]]
and other requirements applicable to all other students at the school.
SEC. 312. DEFINITIONS.
As used in this title:
(1) Elementary school.--The term ``elementary school'' means
an institutional day or residential school, including a public
elementary charter school, that provides elementary education,
as determined under District of Columbia law.
(2) Eligible entity.--The term ``eligible entity'' means any
of the following:
(A) An educational entity of the District of
Columbia Government.
(B) A nonprofit organization.
(C) A consortium of nonprofit organizations.
(3) Eligible student.--The term ``eligible student'' means a
student who--
(A) is a resident of the District of Columbia; and
(B) comes from a household whose income does not
exceed 185 percent of the poverty line.
(4) Parent.--The term ``parent'' has the meaning given that
term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(5) Poverty line.--The term ``poverty line'' has the meaning
given that term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(6) Secondary school.--The term ``secondary school'' means
an institutional day or residential school, including a public
secondary charter school, as determined under District of
Columbia law, except that the term does not include any
education beyond grade 12.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$14,000,000 for fiscal year 2004 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 402. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor: Provided, That in the case of the Council of the District of
Columbia, funds may be expended with the authorization of the Chairman
of the Council.
Sec. 403. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government: Provided, That
nothing contained in this section shall be construed as modifying or
affecting the provisions of section
[[Page 118 STAT. 135]]
11(c)(3) of title XII of the District of Columbia Income and Franchise
Tax Act of 1947 (D.C. Official Code, sec. 47-1812.11(c)(3)).
Sec. 404. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly to provided herein.
Sec. 405. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be used
to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan political
group during non-school hours.
Sec. 406. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, and salary are not available for
inspection by the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform of the
House of Representatives, the Committee on Governmental Affairs of the
Senate, and the Council of the District of Columbia, or their duly
authorized representative.
Sec. 407. (a) Except as provided in subsection (b), no part of this
appropriation shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
(b) The District of Columbia may use local funds provided in this
Act to carry out lobbying activities on any matter other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or voting
representation in Congress for the District of Columbia.
(c) Nothing in this section may be construed to prohibit any elected
official from advocating with respect to any of the issues referred to
in subsection (b).
Sec. 408. (a) None of the funds provided under this Act to the
agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2004, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) reestablishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $1,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
[[Page 118 STAT. 136]]
unless the Committee on Appropriations of the House of Representatives
and Senate are notified in writing 30 days in advance of the
reprogramming.
(b) None the local funds contained in this Act may be available for
obligation or expenditure for an agency through a transfer of any local
funds from one appropriation heading to another unless the Committees on
Appropriations of the House of Representatives and Senate are notified
in writing 30 days in advance of the transfer, except that in no event
may the amount of any funds transferred exceed 4 percent of the local
funds in the appropriations.
Sec. 409. Consistent with the provisions of section 1301(a) of title
31, United States Code, appropriations under this Act shall be applied
only to the objects for which the appropriations were made except as
otherwise provided by law.
Sec. 410. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-601.01
et seq.), enacted pursuant to section 422(3) of the District of Columbia
Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall apply with
respect to the compensation of District of Columbia employees: Provided,
That for pay purposes, employees of the District of Columbia government
shall not be subject to the provisions of title 5, United States Code.
Sec. 411. <<NOTE: Deadline.>> No later than 30 days after the end of
the first quarter of fiscal year 2004, the Mayor of the District of
Columbia shall submit to the Council of the District of Columbia and the
Committees on Appropriations of the House of Representatives and Senate
the new fiscal year 2004 revenue estimates as of the end of such
quarter. These estimates shall be used in the budget request for fiscal
year 2005. The officially revised estimates at midyear shall be used for
the midyear report.
Sec. 412. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth in
section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that the
District of Columbia government or any agency thereof may renew or
extend sole source contracts for which competition is not feasible or
practical, but only if the determination as to whether to invoke the
competitive bidding process has been made in accordance with duly
promulgated rules and procedures and has been reviewed and certified by
the Chief Financial Officer of the District of Columbia.
Sec. 413. (a) In the event a sequestration order is issued pursuant
to the Balanced Budget and Emergency Deficit Control Act of 1985 after
the amounts appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the Mayor of the
District of Columbia shall pay to the Secretary of the Treasury, within
15 days after receipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order: Provided, That
the sequestration percentage specified in the order shall be applied
proportionately to each of the Federal appropriation accounts in this
Act that are not specifically exempted from sequestration by such Act.
(b) For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985, the term ``program, project, and activity'' shall
[[Page 118 STAT. 137]]
be synonymous with and refer specifically to each account appropriating
Federal funds in this Act, and any sequestration order shall be applied
to each of the accounts rather than to the aggregate total of those
accounts: Provided, That sequestration orders shall not be applied to
any account that is specifically exempted from sequestration by the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 414. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator or United
States Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 415. <<NOTE: Abortions.>> None of the funds appropriated under
this Act shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
Sec. 416. None of the Federal funds made available in this Act may
be used to implement or enforce the Health Care Benefits Expansion Act
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to
otherwise implement or enforce any system of registration of unmarried,
cohabiting couples, including but not limited to registration for the
purpose of extending employment, health, or governmental benefits to
such couples on the same basis that such benefits are extended to
legally married couples.
Sec. 417. (a) Notwithstanding any other provision of this Act, the
Mayor, in consultation with the Chief Financial Officer of the District
of Columbia may accept, obligate, and expend Federal, private, and other
grants received by the District government that are not reflected in the
amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to subsection (a) until--
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed
information regarding such grant; and
(B) the Council has reviewed and approved the acceptance,
obligation, and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be deemed to
have reviewed and approved the acceptance, obligation, and expenditure
of a grant if--
(A) no written notice of disapproval is filed with the
Secretary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
acceptance, obligation, or expenditure of the grant within 30
calendar days of the initial receipt of the report from the
Chief Financial Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general fund or
other funds of the District of Columbia government in anticipation of
the approval or receipt of a grant under subsection (b)(2) or in
anticipation of the approval or receipt of a Federal, private, or other
grant not subject to such subsection.
(d) The Chief Financial Officer of the District of Columbia shall
prepare a quarterly report setting forth detailed information regarding
all Federal, private, and other grants subject to this
[[Page 118 STAT. 138]]
section. Each such report shall be submitted to the Council of the
District of Columbia and to the Committees on Appropriations of the
House of Representatives and Senate not later than 15 days after the end
of the quarter covered by the report.
Sec. 418. (a) Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official duties. For
purposes of this paragraph, the term ``official duties'' does not
include travel between the officer's or employee's residence and
workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of Columbia.
(b) The Chief Financial Officer of the District of Columbia shall
submit by March 1, 2004, an inventory, as of September 30, 2003, of all
vehicles owned, leased or operated by the District of Columbia
government. The inventory shall include, but not be limited to, the
department to which the vehicle is assigned; the year and make of the
vehicle; the acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current mileage; and
whether the vehicle is allowed to be taken home by a District officer or
employee and if so, the officer or employee's title and resident
location.
Sec. 419. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government for fiscal year 2004 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia, in coordination with the Chief Financial
Officer of the District of Columbia, pursuant to section
208(a)(4) of the District of Columbia Procurement Practices Act
of 1985 (D.C. Official Code, sec. 2-302.8); and
(2) the audit includes as a basic financial statement a
comparison of audited actual year-end results with the revenues
submitted in the budget document for such year and the
appropriations enacted into law for such year using the format,
terminology, and classifications contained in the law making the
appropriations for the year and its legislative history.
Sec. 420. (a) None of the funds contained in this Act may be used by
the District of Columbia Corporation Counsel or any other officer or
entity of the District government to provide assistance for any petition
drive or civil action which seeks to require Congress to provide for
voting representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
[[Page 118 STAT. 139]]
Sec. 421. (a) None of the funds contained in this Act may be used
for any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained in
this Act and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this Act.
Sec. 422. None of the funds contained in this Act may be used after
the expiration of the 60-day period that begins on the date of the
enactment of this Act to pay the salary of any chief financial officer
of any office of the District of Columbia government (including any
independent agency of the District of Columbia) who has not filed a
certification with the Mayor and the Chief Financial Officer of the
District of Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency as a
result of this Act (and the amendments made by this Act), including any
duty to prepare a report requested either in the Act or in any of the
reports accompanying the Act and the deadline by which each report must
be submitted. The Chief Financial Officer of the District of Columbia
shall provide to the Committees on Appropriations of the House of
Representatives and Senate by the 10th day after the end of each quarter
a summary list showing each report, the due date, and the date submitted
to the committees.
Sec. 423. (a) None of the funds contained in this Act may be used to
enact or carry out any law, rule, or regulation to legalize or otherwise
reduce penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act (21 U.S.C.
802) or any tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment Initiative
of 1998, also known as Initiative 59, approved by the electors of the
District of Columbia on November 3, 1998, shall not take effect.
Sec. 424. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 425. <<NOTE: Reports.>> The Mayor of the District of Columbia
shall submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental Affairs of
the Senate quarterly reports addressing--
(1) crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets;
(2) access to substance and alcohol abuse treatment,
including the number of treatment slots, the number of people
served, the number of people on waiting lists, and the
effectiveness of treatment programs;
(3) management of parolees and pre-trial violent offenders,
including the number of halfway houses escapes and steps taken
to improve monitoring and supervision of halfway house residents
to reduce the number of escapes to be provided in
[[Page 118 STAT. 140]]
consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education
services and student achievement to be provided in consultation
with the District of Columbia Public Schools and the District of
Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type of
grants awarded to the District but for which the District failed
to spend the amounts received; and
(7) indicators of child well-being.
Sec. 426. <<NOTE: Deadline.>> No later than 30 calendar days after
the date of the enactment of this Act, the Chief Financial Officer of
the District of Columbia shall submit to the appropriate committees of
Congress, the Mayor, and the Council of the District of Columbia a
revised appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia government for
fiscal year 2003 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal-services, respectively, with anticipated actual
expenditures.
Sec. 427. None of the funds contained in this Act may be used to
issue, administer, or enforce any order by the District of Columbia
Commission on Human Rights relating to docket numbers 93-030-(PA) and
93-031-(PA).
Sec. 428. None of the Federal funds made available in this Act may
be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other appropriation Act.
Sec. 429. During fiscal year 2004 and any subsequent fiscal year, in
addition to any other authority to pay claims and judgments, any
department, agency, or instrumentality of the District government may
use local funds to pay the settlement or judgment of a claim or lawsuit
in an amount less than $10,000, in accordance with the Risk Management
for Settlements and Judgments Amendment Act of 2000 (D.C. Law 13-172;
D.C. Official Code, sec. 2-402).
Sec. 430. Notwithstanding any other law, the District of Columbia
Courts shall transfer to the general treasury of the District of
Columbia all fines levied and collected by the Courts under section
10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official
Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall remain
available until expended and shall be used by the Office of the
Corporation Counsel for enforcement and prosecution of District traffic
alcohol laws in accordance with section 10(b)(3) of the District of
Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
Sec. 431. During fiscal year 2004 and any subsequent fiscal year,
any agency of the District government may transfer to the Office of
Labor Relations and Collective Bargaining (OLRCB) such local funds as
may be necessary to pay for representation by OLRCB
[[Page 118 STAT. 141]]
in third-party cases, grievances, and dispute resolution, pursuant to an
intra-District agreement with OLRCB. These amounts shall be available
for use by OLRCB to reimburse the cost of providing the representation.
Sec. 432. None of the funds contained in this Act may be made
available to pay--
(1) the fees of an attorney who represents a party in an
action or an attorney who defends an action, including an
administrative proceeding, brought against the District of
Columbia Public Schools under the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for
that action; or
(2) the fees of an attorney or firm whom the Chief Financial
Officer of the District of Columbia determines to have a
pecuniary interest, either through an attorney, officer or
employee of the firm, in any special education diagnostic
services, schools, or other special education service providers.
Sec. 433. The Chief Financial Officer of the District of Columbia
shall require attorneys in special education cases brought under the
Individuals with Disabilities Act (IDEA) in the District of Columbia to
certify in writing that the attorney or representative rendered any and
all services for which they receive awards, including those received
under a settlement agreement or as part of an administrative proceeding,
under the IDEA from the District of Columbia: Provided, That as part of
the certification, the Chief Financial Officer of the District of
Columbia shall require all attorneys in IDEA cases to disclose any
financial, corporate, legal, memberships on boards of directors, or
other relationships with any special education diagnostic services,
schools, or other special education service providers to which the
attorneys have referred any clients as part of this certification:
Provided further, That the Chief Financial Officer shall prepare and
submit quarterly reports to the Committees on Appropriations of the
House of Representatives and Senate on the certification of and the
amount paid by the government of the District of Columbia, including the
District of Columbia Public Schools, to attorneys in cases brought under
IDEA: Provided further, That the Inspector General of the District of
Columbia may conduct investigations to determine the accuracy of the
certifications.
Sec. 434. Section 603(e)(3)(C)(iv) of the Student Loan Marketing
Association Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(C)(iv)) is
amended as follows--
(1) by inserting ``for a fiscal year'' after ``this
subparagraph''; and
(2) by inserting ``for the fiscal year'' before the period.
Sec. 435. Chapter 3 of title 16, District of Columbia Code, is
amended by inserting at the end the following new section:
``SEC. 16-316. APPOINTMENT AND COMPENSATION OF COUNSEL; GUARDIAN AD
LITEM.
``(a) When a petition for adoption has been filed and there has been
no termination or relinquishment of parental rights with respect to the
proposed adoptee or consent to the proposed adoption by a parent or
guardian whose consent is required under D.C. Code section 16-304, the
Court may appoint an attorney to represent such parent or guardian in
the adoption proceeding if the individual is financially unable to
obtain adequate representation.
[[Page 118 STAT. 142]]
``(b) The Court may appoint a guardian ad litem who is an attorney
to represent the child in an adoption proceeding. The guardian ad litem
shall in general be charged with the representation of the child's best
interest.
``(c) An attorney appointed pursuant to subsection (a) or (b) of
this section shall be compensated in accordance with D.C. Code section
16-2326.01, except that compensation in the adoption case shall be
subject to the limitation set forth in D.C. Code section 16-
2326.01(b)(2).''.
The table of sections for chapter 3 of title 16, District of
Columbia Code, is amended by inserting at the end the following new
item:
``Sec. 16-316. Appointment and compensation of counsel; guardian ad
litem.''.
Sec. 436. The amount appropriated by this Act may be increased by no
more than $15,000,000 from funds identified in the comprehensive annual
financial report as the District's fiscal year 2003 unexpended general
fund surplus. The District may obligate and expend these amounts only in
accordance with the following conditions:
(1) The Chief Financial Officer of the District of Columbia
shall certify that the use of any such amounts is not
anticipated to have a negative impact on the District's long-
term financial, fiscal, and economic vitality.
(2) The District of Columbia may only use these funds for
the following expenditures--
(A) unanticipated one-time expenditures;
(B) to avoid deficit spending;
(C) debt reduction;
(D) unanticipated program needs; or
(E) to avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support of each
such obligation or expenditure.
(4) The amounts may not be used to fund the agencies of the
District of Columbia government under court ordered
receivership.
(5) The amounts may be obligated and expended only if
approved by the Committees on Appropriations of the House of
Representatives and Senate in advance of any obligation or
expenditure.
This division may be cited as the ``District of Columbia
Appropriations Act, 2004''.
[[Page 118 STAT. 143]]
DIVISION D--FOREIGN <<NOTE: Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2004.>> OPERATIONS, EXPORT
FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2004
An Act
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2004, and for
other purposes.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2004, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, <<NOTE: 12 USC 635 note. administrative expenses>> That
notwithstanding section 1(c) of Public Law 103-428, as amended, sections
1(a) and (b) of Public Law 103-428 shall remain in effect through
October 1, 2004.
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, $72,895,000: Provided, That the Export-Import Bank
may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, <<NOTE: 12 USC
635a note.>> That, notwithstanding subsection (b) of section 117 of the
Export Enhancement Act of 1992, subsection (a) thereof shall remain in
effect until October 1, 2004.
[[Page 118 STAT. 144]]
Overseas Private Investment Corporation
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $41,385,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
For the cost of direct and guaranteed loans, $24,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Non-Credit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums shall
be available for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2004 and 2005: Provided further,
That such sums shall remain available through fiscal year 2012 for the
disbursement of direct and guaranteed loans obligated in fiscal year
2004, and through fiscal year 2013 for the disbursement of direct and
guaranteed loans obligated in fiscal year 2005.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
Funds Appropriated to the President
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $50,000,000, to remain available
until September 30, 2005.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2004, unless otherwise
specified herein, as follows:
[[Page 118 STAT. 145]]
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for child survival,
health, and family planning/reproductive health activities, in addition
to funds otherwise available for such purposes, $1,835,000,000, to
remain available until September 30, 2005: Provided, That this amount
shall be made available for such activities as: (1) immunization
programs; (2) oral rehydration programs; (3) health, nutrition, water
and sanitation programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for children
displaced or orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases, and for
assistance to communities severely affected by HIV/AIDS, including
children displaced or orphaned by AIDS; and (6) family planning/
reproductive health: Provided further, That none of the funds
appropriated under this heading may be made available for nonproject
assistance, except that funds may be made available for such assistance
for ongoing health activities: Provided further, That of the funds
appropriated under this heading, not to exceed $250,000, in addition to
funds otherwise available for such purposes, may be used to monitor and
provide oversight of child survival, maternal and family planning/
reproductive health, and infectious disease programs: Provided further,
That the following amounts should be allocated as follows: $330,000,000
for child survival and maternal health; $28,000,000 for vulnerable
children; $516,500,000 for HIV/AIDS including not less than $22,000,000
which should be made available to support the development of
microbicides as a means for combating HIV/AIDS; $185,000,000 for other
infectious diseases; and $375,500,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of the funds
appropriated under this heading, and in addition to funds allocated
under the previous proviso, not less than $400,000,000 shall be made
available, notwithstanding any other provision of law, except for the
United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act
of 2003 (117 Stat. 711; 22 U.S.C. 1701 et seq.) as amended by section
595 of this Act, for a United States contribution to the Global Fund to
Fight AIDS, Tuberculosis and Malaria (the ``Global Fund''), and shall be
expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That of the funds
appropriated under this heading that are available for HIV/AIDS programs
and activities, not less than $26,000,000 should be made available for
the International AIDS Vaccine Initiative and not less than $26,000,000
should be made available for a United States contribution to UNAIDS:
Provided further, That of the funds appropriated under this heading,
$60,000,000 should be made available for a United States contribution to
The Vaccine Fund, and up to $6,000,000 may be transferred to and merged
with funds appropriated by this Act under the heading ``Operating
Expenses of the United States Agency for International Development'' for
costs directly related to international health, but funds
[[Page 118 STAT. 146]]
made available for such costs may not be derived from amounts made
available for contribution under this and preceding provisos: Provided
further, That none of the funds made available in this Act nor any
unobligated balances from prior appropriations may be made available to
any organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided further,
That none of the funds made available under this Act may be used to pay
for the performance of abortion as a method of family planning or to
motivate or coerce any person to practice abortions: Provided further,
That none of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, That in order to reduce
reliance on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, either directly
or through referral to, or information about access to, a broad range of
family planning methods and services, and that any such voluntary family
planning project shall meet the following requirements: (1) service
providers or referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Administrator of the United
States Agency for International Development determines that there has
been a violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign Assistance Act
of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating funds
for foreign operations, export
[[Page 118 STAT. 147]]
financing, and related programs, the term ``motivate'', as it relates to
family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling about
all pregnancy options: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That to the maximum extent feasible, taking into
consideration cost, timely availability, and best health practices,
funds appropriated in this Act or prior appropriations Acts that are
made available for condom procurement shall be made available only for
the procurement of condoms manufactured in the United States: Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by this
Act shall be medically accurate and shall include the public health
benefits and failure rates of such use.
For necessary expenses of the United States Agency for International
Development to carry out the provisions of sections 103, 105, 106, and
131, and chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,385,000,000, of which up to $150,000,000 may remain available until
September 30, 2005: Provided, That none of the funds appropriated under
title II of this Act that are managed by or allocated to the United
States Agency for International Development's Global Development
Secretariat, may be made available except through the regular
notification procedures of the Committees on Appropriations: Provided
further, That $190,000,000 should be allocated for trade capacity
building: Provided further, That $235,000,000 should be allocated for
basic education: Provided further, That of the funds appropriated under
this heading and managed by the United States Agency for International
Development Bureau of Democracy, Conflict, and Humanitarian Assistance,
not less than $11,000,000 shall be made available only for programs to
improve women's leadership capacity in recipient countries: Provided
further, That such funds may not be made available for construction:
Provided further, That of the funds appropriated under this heading that
are made available for assistance programs for displaced and orphaned
children and victims of war, not to exceed $32,500, in addition to funds
otherwise available for such purposes, may be used to monitor and
provide oversight of such programs: Provided further, That of the
aggregate amount of the funds appropriated by this Act that are made
available for agriculture and rural development programs, $25,000,000
should be made available for plant biotechnology research and
development: Provided further, That not less than $2,300,000 should be
made available for core support for the International Fertilizer
Development Center: Provided further, That of the funds appropriated
under this heading, not less than $19,000,000 should be made available
for the American Schools and Hospitals Abroad program: Provided further,
That of the funds appropriated under this heading, not less than
$10,000,000, in addition to other funds available under this heading for
assistance for Mexico, should be made available for programs and
activities in rural Mexico to promote microfinance, small business
development, energy and environmental conservation, and private property
ownership in rural communities, and to support small farmers who have
been affected by adverse economic conditions:
[[Page 118 STAT. 148]]
Provided further, That funds made available pursuant to the previous
proviso shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated by this Act, $100,000,000 shall be made available for
drinking water supply projects and related activities.
For necessary expenses of the United States Agency for International
Development to carry out the provisions of section 491 of the Foreign
Assistance Act of 1961, as amended for international disaster relief,
rehabilitation, and reconstruction assistance, $235,500,000, to remain
available until expended.
In addition, for necessary expenses for assistance for famine
prevention and relief, including for mitigation of the effects of
famine, $20,000,000, to remain available until expended: Provided, That
such funds shall be made available utilizing the general authorities of
section 491 of the Foreign Assistance Act of 1961, and shall be in
addition to amounts otherwise available for such purposes: Provided
further, That funds appropriated by this paragraph shall be available
for obligation subject to prior consultation with the Committees on
Appropriations.
For necessary expenses for international disaster rehabilitation and
reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $55,000,000, to remain available until expended,
to support transition to democracy and to long-term development of
countries in crisis: Provided, That such support may include assistance
to develop, strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United States Agency
for International Development shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new program of
assistance: Provided further, That if the President determines that is
important to the national interests of the United States to provide
transition assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this Act to
carry out the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the authorities
applicable to funds appropriated under this heading: Provided further,
That funds made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 108 and 635 of the Foreign Assistance Act of 1961, funds may be
derived by transfer from funds appropriated by this Act to carry out
part I of such Act and under the heading ``Assistance for Eastern Europe
and the Baltic States'': Provided, That such funds shall not exceed
$21,000,000, which shall be made
[[Page 118 STAT. 149]]
available only for micro and small enterprise programs, urban programs,
and other programs which further the purposes of part I of the Act:
Provided further, That such costs, including the cost of modifying such
direct and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,000,000, which may be transferred to and merged with the
appropriation for Operating Expenses of the United States Agency for
International Development: Provided, That funds made available under
this heading shall remain available until September 30, 2007.
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $43,859,000.
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $604,100,000, of which up to
$25,000,000 may remain available until September 30, 2005: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' may be made available to finance the
construction (including architect and engineering services), purchase,
or long term lease of offices for use by the United States Agency for
International Development, unless the Administrator has identified such
proposed construction (including architect and engineering services),
purchase, or long term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the obligation of
these funds for such purposes: Provided further, That the previous
proviso shall not apply where the total cost of construction (including
architect and engineering services), purchase, or long term lease of
offices does not exceed $1,000,000: Provided further, That contracts or
agreements entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through fiscal year
2005: Provided further, That in addition not to exceed $15,000,000 shall
be derived by transfer from the ``Iraq Relief and Reconstruction Fund''
(Public Law 108-11) to support the United States Agency for
International Development mission in Iraq: Provided further, That none
of the funds in this Act may be used to open a new overseas mission of
the United States Agency for International Development without the prior
written notification of the Committees on Appropriations: Provided
further, That the authority of sections 610 and 109 of the Foreign
Assistance Act of 1961 may be exercised by the Secretary of State
[[Page 118 STAT. 150]]
to transfer funds appropriated to carry out chapter 1 of part I of such
Act to ``Operating Expenses of the United States Agency for
International Development'' in accordance with the provisions of those
sections: Provided further, That during fiscal year 2004, the number of
full-time equivalent positions for United States foreign service
employees of the United States Agency for International Development for
countries in the Latin America and Caribbean region shall not be reduced
below the number for such employees for countries in that region as of
September 30, 2003, except as provided through the regular notification
procedures of the Committees on Appropriations.
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $82,200,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise available
for such purposes: Provided further, That the Administrator of the
United States Agency for International Development shall assess fair and
reasonable rental payments for the use of space by employees of other
United States Government agencies in buildings constructed using funds
appropriated under this heading, and such rental payments shall be
deposited into this account as an offsetting collection: Provided
further, That the rental payments collected pursuant to the previous
proviso and deposited as an offsetting collection shall be available for
obligation only pursuant to the regular notification procedures of the
Committees on Appropriations: Provided further, That the assignment of
United States Government employees or contractors to space in buildings
constructed using funds appropriated under this heading shall be subject
to the concurrence of the Administrator of the United States Agency for
International Development: Provided further, That funds appropriated
under this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on Appropriations.
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $35,000,000, to remain available
until September 30, 2005, which sum shall be available for the Office of
the Inspector General of the United States Agency for International
Development.
Other Bilateral Economic Assistance
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,132,500,000, to remain available until September 30, 2005:
Provided, That of the funds appropriated under this heading, not less
than $480,000,000 shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be disbursed
within 30 days of the enactment
[[Page 118 STAT. 151]]
of this Act: Provided further, That not less than $575,000,000 shall be
available only for Egypt, which sum shall be provided on a grant basis,
and of which sum cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic reforms
which are additional to those which were undertaken in previous fiscal
years, and of which not less than $200,000,000 shall be provided as
Commodity Import Program assistance: Provided further, That in
exercising the authority to provide cash transfer assistance for Israel,
the President shall ensure that the level of such assistance does not
cause an adverse impact on the total level of nonmilitary exports from
the United States to such country and that Israel enters into a side
letter agreement in an amount proportional to the fiscal year 1999
agreement: Provided further, That of the funds appropriated under this
heading, not less than $250,000,000 should be made available only for
assistance for Jordan: Provided further, That of the funds appropriated
under this heading, up to $1,000,000 should be used to further legal
reforms in the West Bank and Gaza, including judicial training on
commercial disputes and ethics: Provided further, That funds
appropriated under this heading shall be made available for
administrative costs of the United States Agency for International
Development to implement regional programs in Asia and the Near East,
including the Middle East Partnership Initiative, in addition to amounts
otherwise available for such purposes: Provided further, That
$13,500,000 of the funds appropriated under this heading shall be made
available for Cyprus to be used only for scholarships, administrative
support of the scholarship program, bicommunal projects, and measures
aimed at reunification of the island and designed to reduce tensions and
promote peace and cooperation between the two communities on Cyprus:
Provided further, That $35,000,000 of the funds appropriated under this
heading shall be made available for assistance for Lebanon, of which not
less than $4,000,000 should be made available for American educational
institutions for scholarships and other programs: Provided further, That
notwithstanding section 534(a) of this Act, funds appropriated under
this heading that are made available for assistance for the Central
Government of Lebanon shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
of the funds appropriated under this heading, not less than $22,500,000
shall be made available for assistance for the Democratic Republic of
Timor-Leste, of which up to $1,000,000 may be available for
administrative expenses of the United States Agency for International
Development: Provided further, That of the funds appropriated under this
heading, not less than $1,500,000 should be made available for technical
assistance for countries to implement and enforce the Kimberley Process
Certification Scheme: Provided further, That funds appropriated under
this heading should be made available to support the development of
justice and reconciliation mechanisms in the Democratic Republic of the
Congo, Rwanda, Burundi, and Uganda, including programs to improve local
capacity to prevent and respond to gender-based violence: Provided
further, That funds appropriated under this heading may be used,
notwithstanding any other provision of law, to provide assistance to the
National Democratic Alliance of Sudan to strengthen its ability to
protect civilians from attacks, slave raids, and aerial bombardment by
the Sudanese Government forces and its militia allies, and the provision
of such
[[Page 118 STAT. 152]]
funds shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in the previous
proviso, the term ``assistance'' includes non-lethal, non-food aid such
as blankets, medicine, fuel, mobile clinics, water drilling equipment,
communications equipment to notify civilians of aerial bombardment, non-
military vehicles, tents, and shoes: Provided further, That of the funds
appropriated under this heading, not less than $1,750,000 should be made
available for East Asia and Pacific Environment Initiatives: Provided
further, That of the funds appropriated under this heading, $5,000,000
shall be made available to continue to support the provision of
wheelchairs for needy persons in developing countries: Provided further,
That funds appropriated under this heading that are made available for a
Middle East Financing Facility, Middle East Enterprise Fund, or any
other similar entity in the Middle East shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That with respect to funds appropriated under this heading in
this Act or prior Acts making appropriations for foreign operations,
export financing, and related programs, the responsibility for policy
decisions and justifications for the use of such funds, including
whether there will be a program for a country that uses those funds and
the amount of each such program, shall be the responsibility of the
Secretary of State and the Deputy Secretary of State and this
responsibility shall not be delegated: Provided further, That of the
funds appropriated in Public Law 108-106 under the heading ``Iraq Relief
and Reconstruction Fund'', up to $100,000,000 may be transferred to and
consolidated with funds appropriated by this Act under this heading and
made available for Turkey, and up to $30,000,000 may be transferred to
and consolidated with funds appropriated by this Act under this heading
and made available for the Middle East Partnership Initiative: Provided
further, That funds appropriated under this heading shall be made
available for programs and countries in the amounts contained in the
table accompanying the joint explanatory statement of the managers
accompanying this Act: Provided further, That any proposed increases or
decreases to the amounts contained in such table shall be subject to the
regular notification procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961 and notifications
shall be transmitted at least 15 days in advance of the obligation of
funds.
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $18,500,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2005.
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the prevention, treatment, and
[[Page 118 STAT. 153]]
control of, and research on, HIV/AIDS, $491,000,000, to remain available
until expended: Provided, That of the funds appropriated under this
heading, $15,000,000 may be apportioned directly to the Peace Corps to
remain available until expended for necessary expenses to carry out
activities to combat HIV/AIDS, tuberculosis and malaria: Provided
further, That of the funds appropriated under this heading, not more
than $8,000,000 may be made available for administrative expenses of the
office of the ``Coordinator of United States Government Activities to
Combat HIV/AIDS Globally'' of the Department of State: Provided further,
That in carrying out the duties specified in section 1(f)(2)(B)(ii)(VII)
of the State Department Basic Authorities Act of 1956, the Coordinator
shall ensure that assistance is provided for activities in not fewer
than 15 countries, at least one of which shall not be in Africa or the
Caribbean region: Provided further, That of the funds appropriated under
this heading, up to $75,000,000 should be made available for the safe
and appropriate use of injections and other forms of infection control
and prevention, and for blood safety programs.
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $445,000,000, to remain available until
September 30, 2005, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States: Provided, That of the funds appropriated
under this heading that are made available for assistance for Bulgaria,
$2,000,000 should be made available to enhance safety at nuclear power
plants: Provided further, That of the funds appropriated under this
heading, and under the headings ``Assistance for the Independent States
of the Former Soviet Union'', ``Foreign Military Financing Program'',
and ``Economic Support Fund'', not less than $53,500,000 shall be made
available for programs for the prevention, treatment, and control of,
and research on, HIV/AIDS, tuberculosis, and malaria: Provided further,
That of the funds appropriated under this heading that are made
available for Montenegro, not less than $12,000,000 shall be made
available for economic development and environmental programs in the
coastal region: Provided further, That of the funds appropriated under
this heading, up to $1,000,000 should be made available for a program to
promote greater understanding and interaction among youth in Albania,
Kosovo, Montenegro and Macedonia: Provided further, That funds
appropriated under this heading shall be made available for programs and
countries in the amounts contained in the table accompanying the joint
explanatory statement of the managers accompanying this Act: Provided
further, That any proposed increases or decreases to the amounts
contained in such table shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A of the
Foreign Assistance Act of 1961 and notifications shall be transmitted at
least 15 days in advance of the obligation of funds.
(b) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
(c) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina,
[[Page 118 STAT. 154]]
and local currencies generated by such funds (including the conversion
of funds appropriated under this heading into currency used by Bosnia
and Herzegovina as local currency and local currency returned or repaid
under such program) the Administrator of the United States Agency for
International Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for such
purposes, and prior to the use of funds that have been returned or
repaid to any lending facility or grantee.
(d) The provisions of section 529 of this Act shall apply to funds
made available under subsection (c) and to funds appropriated under this
heading: Provided, That notwithstanding any provision of this or any
other Act, including provisions in this subsection regarding the
application of section 529 of this Act, local currencies generated by,
or converted from, funds appropriated by this Act and by previous
appropriations Acts and made available for the economic revitalization
program in Bosnia may be used in Eastern Europe and the Baltic States to
carry out the provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy (SEED) Act of 1989.
(e) The President is authorized to withhold funds appropriated under
this heading made available for economic revitalization programs in
Bosnia and Herzegovina, if he determines and certifies to the Committees
on Appropriations that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal
of foreign forces, and that intelligence cooperation on training,
investigations, and related activities between state sponsors of
terrorism and terrorist organizations and Bosnian officials has not been
terminated.
(a) For necessary expenses to carry out the provisions of chapters
11 and 12 of part I of the Foreign Assistance Act of 1961 and the
FREEDOM Support Act, for assistance for the Independent States of the
former Soviet Union and for related programs, $587,000,000, to remain
available until September 30, 2005: Provided, That the provisions of
such chapters shall apply to funds appropriated by this paragraph:
Provided further, That of the funds made available for the Southern
Caucasus region, notwithstanding any other provision of law, funds may
be used for confidence-building measures and other activities in
furtherance of the peaceful resolution of the regional conflicts,
especially those in the vicinity of Abkhazia and Nagorno-Karabagh:
Provided further, That of the funds appropriated under this heading,
$1,500,000 should be available only to meet the health and other
assistance needs of victims of trafficking in persons: Provided further,
That of the funds appropriated under this heading, $17,500,000 shall be
made available solely for assistance for the Russian Far East, of which
not less than $3,000,000 shall be made available for programs and
activities authorized under section 307 of the FREEDOM Support Act
(Public Law 102-511): Provided further, That $4,000,000 shall be made
available to promote freedom of the media and an independent media in
Russia: Provided further, That of the funds appropriated under this
heading, up to $500,000 should be made available to support democracy
building programs in Russia through the
[[Page 118 STAT. 155]]
Sakharov Archives: Provided further, That, notwithstanding any other
provision of law, funds appropriated under this heading in this Act or
prior Acts making appropriations for foreign operations, export
financing, and related programs, that are made available pursuant to the
provisions of section 807 of Public Law 102-511 shall be subject to a 6
percent ceiling on administrative expenses.
(b) Of the funds appropriated under this heading that are made
available for assistance for Ukraine, not less than $19,000,000 should
be made available for nuclear reactor safety initiatives, and not less
than $1,500,000 shall be made available for coal mine safety programs.
(c) Of the funds appropriated under this heading, not less than
$94,000,000 shall be made available for assistance for Russia.
(d) Of the funds appropriated under this heading, not less than
$75,000,000 shall be made available for assistance for Armenia.
(e) Of the funds appropriated under this heading, not less than
$57,000,000 should be made available, in addition to funds otherwise
available for such purposes, for assistance for child survival,
environmental and reproductive health, and to combat HIV/AIDS,
tuberculosis and other infectious diseases, and for related activities.
(f)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of the Russian Federation,
60 percent shall be withheld from obligation until the President
determines and certifies in writing to the Committees on Appropriations
that the Government of the Russian Federation--
(A) has terminated implementation of arrangements to provide
Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-government
organizations providing humanitarian relief to refugees and
internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child survival
activities, or assistance for victims of trafficking in persons;
and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(g) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
[[Page 118 STAT. 156]]
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
Independent Agencies
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $16,334,000, to remain available
until September 30, 2005.
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law 96-533,
$18,689,000, to remain available until September 30, 2005: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the board of
directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, in exceptional circumstances the board of
directors of the Foundation may waive the $250,000 limitation contained
in that section with respect to a project: Provided further, That the
Foundation shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $310,000,000, including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States: Provided, That none of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 2005: Provided further, That during
fiscal year <<NOTE: 22 USC 2506 note. millennium challenge
corporation>> 2004 and any subsequent fiscal year, the Director of the
Peace Corps may make appointments or assignments, or extend current
appointments or assignments, to permit United States citizens to serve
for periods in excess of 5 years in the case of individuals whose
appointment or assignment, such as regional safety security officers and
employees within the Office of the Inspector General, involves the
safety of Peace Corps volunteers: Provided further, That the Director of
the Peace Corps may make such appointments or assignments
notwithstanding the provisions of section 7 of the Peace Corps Act
limiting the length of an appointment or assignment, the circumstances
under which such an appointment or assignment may exceed 5 years, and
the percentage of appointments or assignments that can be made in excess
of 5 years.
For necessary expenses for the ``Millennium Challenge Account'',
$650,000,000, to remain available until expended: Provided, That of the
funds appropriated under this heading, not
[[Page 118 STAT. 157]]
more than $50,000,000 may be available for administrative expenses.
Department of State
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $241,700,000, to remain available until
September 30, 2006: Provided, That during fiscal year 2004, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country under chapter 8 of
part I of that Act subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated under this heading, $12,000,000 should be made available
for anti-trafficking in persons programs, including trafficking
prevention, protection and assistance for victims, and
prosecution <<NOTE: Deadline. andean counterdrug initiative>> of
traffickers: Provided further, That the Secretary of State shall provide
to the Committees on Appropriations not later than 45 days after the
date of the enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed uses of
all funds under this heading on a country-by-country basis for each
proposed program, project, or activity: Provided further, That of the
funds appropriated under this heading, $7,105,000 should be made
available for the International Law Enforcement Academy in Roswell, New
Mexico, of which $2,105,000 should be made available for construction
and completion of a new facility: Provided further, That of the funds
appropriated under this heading, not more than $26,117,000 may be
available for administrative expenses.
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $731,000,000, to remain available until
September 30, 2006: Provided, That in fiscal year 2004, funds available
to the Department of State for assistance to the Government of Colombia
shall be available to support a unified campaign against narcotics
trafficking, against activities by organizations designated as terrorist
organizations such as the Revolutionary Armed Forces of Colombia (FARC),
the National Liberation Army (ELN), and the United Self-Defense Forces
of Colombia (AUC), and to take actions to protect human health and
welfare in emergency circumstances, including undertaking rescue
operations: Provided further, That this authority shall cease to be
effective if the Secretary of State has credible evidence that the
Colombian Armed Forces are not conducting vigorous operations to restore
government authority and respect for human rights in areas under the
effective control of paramilitary and guerrilla organizations: Provided
further, That the President shall ensure that if any helicopter procured
with funds under this heading is used to aid or abet the operations of
any illegal self-defense group or illegal security cooperative, such
helicopter shall be immediately returned to the United States: Provided
further, That none of the funds appropriated by this
[[Page 118 STAT. 158]]
Act may be made available to support a Peruvian air interdiction program
until the Secretary of State and Director of Central Intelligence
certify to the Congress, 30 days before any resumption of United States
involvement in a Peruvian air interdiction program, that an air
interdiction program that permits the ability of the Peruvian Air Force
to shoot down aircraft will include enhanced safeguards and procedures
to prevent the occurrence of any incident similar to the April 20, 2001
incident: Provided further, That the Secretary of State, in consultation
with the Administrator of the United States Agency for International
Development, shall provide to the Committees on Appropriations not later
than 45 days after the date of the enactment of this Act and prior to
the initial obligation of funds appropriated under this heading, a
report on the proposed uses of all funds under this heading on a
country-by-country basis for each proposed program, project, or
activity: Provided further, That of the funds appropriated under this
heading, not less than $257,000,000 shall be made available for
alternative development/institution building, of which $229,200,000
shall be apportioned directly to the United States Agency for
International Development: Provided further, That of the funds
appropriated under this heading, not less than $25,000,000 should be
made available for justice and rule of law programs in Colombia:
Provided further, That of the funds appropriated under this heading, in
addition to funds made available pursuant to the previous proviso, not
less than $13,000,000 should be made available for organizations and
programs to protect human rights: Provided further, That not more than
20 percent of the funds appropriated by this Act that are used for the
procurement of chemicals for aerial coca and poppy fumigation programs
may be made available for such programs unless the Secretary of State,
after consultation with the Administrator of the Environmental
Protection Agency (EPA), certifies to the Committees on Appropriations
that: (1) the herbicide mixture is being used in accordance with EPA
label requirements for comparable use in the United States and any
additional controls recommended by the EPA for this program, and with
the Colombian Environmental Management Plan for aerial fumigation; and
(2) the herbicide mixture, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the environment:
Provided further, That such funds may not be made available unless the
Secretary of State certifies to the Committees on Appropriations that
complaints of harm to health or licit crops caused by such fumigation
are evaluated and fair compensation is being paid for meritorious
claims: Provided further, That such funds may not be made available for
such purposes unless programs are being implemented by the United States
Agency for International Development, the Government of Colombia, or
other organizations, in consultation with local communities, to provide
alternative sources of income in areas where security permits for small-
acreage growers whose illicit crops are targeted for fumigation:
Provided further, That of the funds appropriated under this heading, not
less than $2,500,000 should be made available for continued training,
equipment, and other assistance for the Colombian National Park Service:
Provided further, That funds appropriated by this Act may be used for
aerial fumigation in Colombia's national parks or reserves if the
Secretary of State determines that it is in accordance with Colombian
laws and that there are no effective alternatives to reduce drug
cultivation in these areas: Provided
[[Page 118 STAT. 159]]
further, That section 482(b) of the Foreign Assistance Act of 1961 shall
not apply to funds appropriated under this heading: Provided further,
That assistance provided with funds appropriated under this heading that
is made available notwithstanding section 482(b) of the Foreign
Assistance Act of 1961, as amended, shall be made available subject to
the regular notification procedures of the Committees on Appropriations:
Provided further, That the provisions of section 3204(b) through (d) of
Public Law 106-246, as amended by Public Law 107-115, shall be
applicable to funds appropriated for fiscal year 2004: Provided further,
That no United States Armed Forces personnel or United States civilian
contractor employed by the United States will participate in any combat
operation in connection with assistance made available by this Act for
Colombia: Provided further, That funds appropriated under this heading
that are available for assistance for the Bolivian military and police
should be made available for such purposes subject to a determination by
the Secretary of State, and a report to the Committees on
Appropriations, that the Bolivian military and police are respecting
human rights and cooperating with investigations and prosecutions of
alleged violations of human rights: Provided further, That of the funds
appropriated under this heading, not more than $16,285,000 may be
available for administrative expenses of the Department of State, and
not more than $4,500,000 may be available, in addition to amounts
otherwise available for such purposes, for administrative expenses of
the United States Agency for International Development.
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$760,197,000, which shall remain available until expended: Provided,
That not more than $21,000,000 may be available for administrative
expenses: Provided further, That not less than $50,000,000 of the funds
made available under this heading shall be made available for refugees
from the former Soviet Union and Eastern Europe and other refugees
resettling in Israel: Provided further, That funds appropriated under
this heading may be made available for a headquarters contribution to
the International Committee of the Red Cross only if the Secretary of
State determines (and so reports to the appropriate committees of
Congress) that the Magen David Adom Society of Israel is not being
denied participation in the activities of the International Red Cross
and Red Crescent Movement.
[[Page 118 STAT. 160]]
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $30,000,000, to remain available until expended:
Provided, That funds made available under this heading are appropriated
notwithstanding the provisions contained in section 2(c)(2) of such Act
which would limit the amount of funds which could be appropriated for
this purpose.
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $353,500,000, to carry out
the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961
for demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed $30,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the United
States to do so: Provided further, That funds appropriated under this
heading may be made available for the International Atomic Energy Agency
only if the Secretary of State determines (and so reports to the
Congress) that Israel is not being denied its right to participate in
the activities of that Agency: Provided further, That funds available
during fiscal year 2004 for a contribution to the Comprehensive Nuclear
Test Ban Treaty Preparatory Commission and that are not necessary to
make the United States contribution to the Commission in the amount
assessed for fiscal year 2004 shall be made available for a voluntary
contribution to the International Atomic Energy Agency and shall remain
available until September 30, 2005: Provided further, That of the funds
made available for demining and related activities, not to exceed
$690,000, in addition to funds otherwise available for such purposes,
may be used for administrative expenses related to the operation and
management of the demining program: Provided further, That the Secretary
of State is authorized to provide, from funds appropriated under this
heading in this and subsequent Acts making appropriations for foreign
operations, export financing and related programs, not to exceed
$250,000 for public-private partnerships for mine action by grant,
cooperative agreement, or contract: Provided further, That funds
appropriated under this heading shall
[[Page 118 STAT. 161]]
be made available for programs and countries in the amounts contained in
the table accompanying the joint explanatory statement of the managers
accompanying this Act: Provided further, That any proposed increases or
decreases to the amounts contained in such table shall be subject to the
regular notification procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961 and notifications
shall be transmitted at least 15 days in advance of the obligation of
funds.
Department of the Treasury
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $19,000,000, to remain available
until September 30, 2006, which shall be available notwithstanding any
other provision of law.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries, pursuant to parts IV and V of the Foreign Assistance Act of
1961, and of modifying concessional credit agreements with least
developed countries, as authorized under section 411 of the Agricultural
Trade Development and Assistance Act of 1954, as amended, and
concessional loans, guarantees and credit agreements, as authorized
under section 572 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made pursuant
to the Export-Import Bank Act of 1945, by countries that are eligible
for debt reduction pursuant to title V of H.R. 3425 as enacted into law
by section 1000(a)(5) of Public Law 106-113, $95,000,000, to remain
available until September 30, 2006: Provided, That not less than
$20,000,000 of the funds appropriated under this heading shall be made
available to carry out the provisions of part V of the Foreign
Assistance Act of 1961: Provided further, That $75,000,000 of the funds
appropriated under this heading may be used by the Secretary of the
Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust Fund
administered by the International Bank for Reconstruction and
Development amounts for the benefit of countries that are eligible for
debt reduction pursuant to title V of H.R. 3425 as enacted into law by
section 1000(a)(5) of Public Law 106-113: Provided further, That amounts
paid to the HIPC Trust Fund may be used only to fund debt reduction
under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country if the Secretary of State has
[[Page 118 STAT. 162]]
credible evidence that the government of such country is engaged in a
consistent pattern of gross violations of internationally recognized
human rights or in military or civil conflict that undermines its
ability to develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end: Provided
further, That on the basis of final appropriations, the Secretary of the
Treasury shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are expected to
benefit from a United States contribution to the HIPC Trust Fund during
the <<NOTE: Deadline.>> fiscal year: Provided further, That the
Secretary of the Treasury shall inform the Committees on Appropriations
not less than 15 days in advance of the signature of an agreement by the
United States to make payments to the HIPC Trust Fund of amounts for
such countries and institutions: Provided further, That the Secretary of
the Treasury may disburse funds designated for debt reduction through
the HIPC Trust Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to accept
new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave'' loans;
and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote economic
growth that are additional to or expand upon those previously
available for such purposes:
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall
not apply to funds appropriated under this heading: Provided further,
That none of the funds made available under this heading in this or any
other appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies the
Committees on Appropriations that a democratically elected government
has taken office.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $91,700,000, of which up to
$3,000,000 may remain available until expended: Provided, That the
civilian personnel for whom military education and training may be
provided under this heading may include civilians who are not members of
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under this
heading for military education and training for Guatemala may only be
available for expanded international military education and training,
and funds made available for Algeria, Cambodia, Nigeria and Guatemala
may only be provided through the regular notification procedures of the
Committees on Appropriations.
[[Page 118 STAT. 163]]
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,294,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,160,000,000 shall be available for grants only
for Israel, and not less than $1,300,000,000 shall be made available for
grants only for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such purposes,
grants made available for Israel by this paragraph shall, as agreed by
Israel and the United States, be available for advanced weapons systems,
of which not less than $568,000,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated by this paragraph, $206,000,000 should be made available
for assistance for Jordan: Provided further, That of the funds
appropriated by this paragraph, $17,000,000 may be transferred to and
merged with funds appropriated under the heading ``Andean Counterdrug
Initiative'' and made available for aircraft and related assistance for
the Colombian National Police: Provided further, That funds appropriated
by this paragraph shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further, That
funds made available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of section 1501(a) of
title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 515 of
this Act: Provided further, That none of the funds appropriated under
this heading shall be available for assistance for Sudan, Guatemala and
Liberia: Provided further, That funds made available under this heading
may be used, notwithstanding any other provision of law, for demining,
the clearance of unexploded ordnance, and related activities, and may
include activities implemented through nongovernmental and international
organizations: Provided further, That the authority contained in the
previous proviso or any other provision of law relating to the use of
funds for programs under this heading, including provisions contained in
previously enacted appropriations Acts, shall not apply to activities
relating to the clearance of unexploded ordnance resulting from United
States Armed Forces testing or training exercises: Provided further,
That the previous proviso shall not apply to San Jose Island, Republic
of Panama: Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading
[[Page 118 STAT. 164]]
for procurement of defense articles, defense services or design and
construction services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That not more than $40,500,000 of the funds
appropriated under this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs of
administering military assistance and sales: Provided further, That not
more than $361,000,000 of funds realized pursuant to section 21(e)(1)(A)
of the Arms Export Control Act may be obligated for expenses incurred by
the Department of Defense during fiscal year 2004 pursuant to section
43(b) of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt during fiscal
year 2004 shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York within 30 days of enactment of
this Act.
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $74,900,000: Provided, That none of
the funds appropriated under this heading shall be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
For the United States contribution for the Global Environment
Facility, $139,240,000 to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility, by the
Secretary of the Treasury, to remain available until expended.
For payment to the International Development Association by the
Secretary of the Treasury, $913,200,000, to remain available until
expended: Provided, That the Secretary of the Treasury shall work to
ensure that the World Bank provides for an independent entity, such as a
private auditing firm, to conduct and make publicly available an
external performance audit which verifies whether the IDA-13 Spring 2004
performance targets have been met: Provided further, That any further
incentive contribution for additional contributions for IDA-13 regarding
such targets shall be made only after the Secretary of the Treasury has
reviewed and considered carefully the findings of any such independent
external audit.
[[Page 118 STAT. 165]]
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $1,124,000, for the United States paid-in
share of the increase in capital stock, to remain available until
expended.
The United States Governor of the Multilateral Investment Guarantee
Agency may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital stock in an
amount not to exceed $4,475,203.
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $25,000,000, to remain available until
expended.
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $144,421,000,
to remain available until expended.
For payment to the African Development Bank by the Secretary of the
Treasury, $5,104,930, for the United States paid-in share of the
increase in capital stock, to remain available until expended.
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $79,609,817.
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$112,725,000, to remain available until expended.
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $35,431,111 for the United States
share of the paid-in portion of the increase in capital stock, to remain
available until expended.
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year
[[Page 118 STAT. 166]]
limitation to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $122,085,497.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury
to increase the resources of the International Fund for Agricultural
Development, $15,004,042, to remain available until expended.
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $321,650,000:
Provided, That none of the funds appropriated under this heading may be
made available to the International Atomic Energy Agency (IAEA):
Provided further, That funds appropriated under this heading shall be
made available for programs and countries in the amounts contained in
the table accompanying the joint explanatory statement of the managers
accompanying this Act: Provided further, <<NOTE: Notification.>> That
any proposed increases or decreases to the amounts contained in such
table shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign Assistance
Act of 1961 and notifications shall be transmitted at least 15 days in
advance of the obligation of funds.
TITLE V--GENERAL PROVISIONS
Sec. 501. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
Sec. 502. <<NOTE: 22 USC 2151u note.>> None of the funds
appropriated or otherwise made available by this Act for development
assistance may be made available to any United States private and
voluntary organization,
[[Page 118 STAT. 167]]
except any cooperative development organization, which obtains less than
20 percent of its total annual funding for international activities from
sources other than the United States Government: Provided, That the
Administrator of the United States Agency for International Development,
after informing the Committees on Appropriations, may, on a case-by-case
basis, waive the restriction contained in this subsection, after taking
into account the effectiveness of the overseas development activities of
the organization, its level of volunteer support, its financial
viability and stability, and the degree of its dependence for its
financial support on the agency.
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $100,500 shall be for official residence
expenses of the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
Sec. 504. Of the funds appropriated or made available pursuant to
this Act, not to exceed $5,000 shall be for entertainment expenses of
the United States Agency for International Development during the
current fiscal year.
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $125,000 shall be available for representation
allowances for the United States Agency for International Development
during the current fiscal year: Provided, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for general costs
of administering military assistance and sales under the heading
``Foreign Military Financing Program'', not to exceed $2,000 shall be
available for entertainment expenses and not to exceed $125,000 shall be
available for representation allowances: Provided further, That of the
funds made available by this Act under the heading ``International
Military Education and Training'', not to exceed $50,000 shall be
available for entertainment allowances: Provided further, That of the
funds made available by this Act for the Inter-American Foundation, not
to exceed $2,000 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available by this
Act for the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further, That of the
funds made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances: Provided further, That of
the funds made available by this Act under the heading ``Millennium
Challenge Corporation'', not to exceed $130,000 shall be available for
representation and entertainment allowances.
[[Page 118 STAT. 168]]
Sec. 506. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide assistance for
a foreign country under a new bilateral agreement governing the terms
and conditions under which such assistance is to be provided unless such
agreement includes a provision stating that assistance provided by the
United States shall be exempt from taxation, or reimbursed, by the
foreign government, and the Secretary of State shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as necessary,
to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2004 on funds
appropriated by this Act by a foreign government or entity against
commodities financed under United States assistance programs for which
funds are appropriated by this Act, either directly or through grantees,
contractors and subcontractors shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2005 and allocated for
the central government of such country and for the West Bank and Gaza
Program to the extent that the Secretary of State certifies and reports
in writing to the Committees on Appropriations that such taxes have not
been reimbursed to the Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
country or entity pursuant to subsection (b) shall be reprogrammed for
assistance to countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States
assistance or which has an effective arrangement that is
providing substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the policy of this section to ensure
that United States assistance is not subject to
taxation.
(2) The Secretary of State shall consult with the Committees
on Appropriations at least 15 days prior to exercising the
authority of this subsection with regard to any country or
entity.
(f) Implementation.--The <<NOTE: Regulations.>> Secretary of State
shall issue rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance contained
in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds are
appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance
[[Page 118 STAT. 169]]
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally, or
an individual agreement between the Government of the United
States and such government that describes, among other things,
the treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
(h) Relationship to Prior Law.--Section 579 of division E of Public
Law 108-7 shall be deemed to have been amended by subsection (f) of this
section and the modifications made by this section to comparable
provisions contained in section 579.
Sec. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Cuba, Libya, North Korea, Iran, or
Syria: Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits,
insurance and guarantees of the Export-Import Bank or its agents.
Sec. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance to the government of any country whose duly elected head
of government is deposed by decree or military coup: Provided, That
assistance may be resumed to such government if the President determines
and certifies to the Committees on Appropriations that subsequent to the
termination of assistance a democratically elected government has taken
office: Provided further, That the provisions of this section shall not
apply to assistance to promote democratic elections or public
participation in democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on Appropriations.
Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--None of
the funds made available by this Act may be transferred to any
department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers made by,
or authorized elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961 may be
allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(b) Transfers Between Accounts.--None of the funds made available by
this Act may be obligated under an appropriation account to which they
were not appropriated, except for transfers specifically provided for in
this Act, unless the President, not less than five days prior to the
exercise of any authority contained in the Foreign Assistance Act of
1961 to transfer funds, consults
[[Page 118 STAT. 170]]
with and provides a written policy justification to the Committees on
Appropriations of the House of Representatives and the Senate.
(c) Audit of Inter-agency Transfers.--Any agreement for the transfer
or allocation of funds appropriated by this Act, or prior Acts, entered
into between the United States Agency for International Development and
another agency of the United States Government under the authority of
section 632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Office of the
Inspector General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits of the
use of such funds: Provided, That funds transferred under such authority
may be made available for the cost of such audits.
Sec. 510. Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act may be
used to provide financing to Israel, Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with an option
to purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian application), if
the President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under such
Act.
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part
I, section 667, chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, section 23 of the Arms Export Control Act, and funds
provided under the heading ``Assistance for Eastern Europe and the
Baltic States'', shall remain available for an additional 4 years from
the date on which the availability of such funds would otherwise have
expired, if such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act: Provided
further, That, notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 which are allocated
or obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
until expended.
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to the government of any country which is
in default during a period in excess of one calendar year in payment to
the United States of principal or interest on any loan made to the
government of such country by the United
[[Page 118 STAT. 171]]
States pursuant to a program for which funds are appropriated under this
Act unless the President determines, following consultations with the
Committees on Appropriations, that assistance to such country is in the
national interest of the United States.
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment
of its Board of Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
Sec. 514. <<NOTE: 22 USC 262h note. notification requirements>> The
Secretary of the Treasury shall instruct the United States Executive
Directors of the International Bank for Reconstruction and Development,
the International Development Association, the International Finance
Corporation, the Inter-American Development Bank, the International
Monetary Fund, the Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank, and the
African Development Fund to use the voice and vote of the United States
to oppose any assistance by these institutions, using funds appropriated
or made available pursuant to this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
[[Page 118 STAT. 172]]
Sec. 515. For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Health Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Initiative'',
``Assistance for Eastern Europe and the Baltic States'', ``Assistance
for the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating Expenses of the
United States Agency for International Development'', ``Operating
Expenses of the United States Agency for International Development
Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', ``Millennium Challenge Corporation''
(by country only), ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace Corps'', and
``Migration and Refugee Assistance'', shall be available for obligation
for activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of the amount
justified to the Committees on Appropriations for obligation under any
of these specific headings unless the Committees on Appropriations of
both Houses of Congress are previously notified 15 days in advance:
Provided, That the President shall not enter into any commitment of
funds appropriated for the purposes of section 23 of the Arms Export
Control Act for the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this section shall
not apply to any reprogramming for an activity, program, or project for
which funds are appropriated under title II of this Act of less than 10
percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current fiscal
year: Provided further, That the requirements of this section or any
similar provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or welfare:
Provided further, That in case of any such waiver, notification to the
Congress, or the appropriate congressional committees, shall be provided
as early as practicable, but in no event later than 3 days after taking
the action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
Sec. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign
[[Page 118 STAT. 173]]
operations, export financing, and related programs, which are returned
or not made available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance Act of 1961,
shall remain available for obligation until September 30, 2005.
Sec. 517. (a) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet Union''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial contracts,
and equitable treatment of foreign private investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) <<NOTE: 22 USC 5814 note.>> None of the funds appropriated under
the heading ``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to the restriction
in this subsection if the President determines that to do so is in the
national security interest of the United States.
(c) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(d) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Georgia, and Ukraine shall be subject to the
regular notification procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f) Funds made available for Enterprise Funds shall be expended at
the minimum rate necessary to make timely payment for projects and
activities.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations Acts
under the heading ``Assistance for the Independent States of the Former
Soviet Union'' and under comparable headings in prior appropriations
Acts, for projects or activities that have as one of their primary
purposes the fostering of private sector development, the Coordinator
for United States Assistance to the New Independent States and the
implementing agency shall encourage the participation of and give
significant weight to contractors and grantees who propose investing a
significant amount of their
[[Page 118 STAT. 174]]
own resources (including volunteer services and in-kind contributions)
in such projects and activities.
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
Sec. 519. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 2004, for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and activities
for which the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
Sec. 520. None of the funds appropriated by this Act shall be
obligated or expended for Liberia, Serbia, Sudan, Zimbabwe, Pakistan,
Cambodia, or the Democratic Republic of the Congo except as provided
through the regular notification procedures of the Committees on
Appropriations.
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the United States
Agency for International Development ``program, project, and activity''
shall also be considered to include
[[Page 118 STAT. 175]]
central, country, regional, and program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961.
Sec. 522. Up to $13,500,000 of the funds made available by this Act
for assistance under the heading ``Child Survival and Health Programs
Fund'', may be used to reimburse United States Government agencies,
agencies of State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of individuals
(including for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of carrying out
activities under that heading: Provided, That up to $3,500,000 of the
funds made available by this Act for assistance under the heading
``Development Assistance'' may be used to reimburse such agencies,
institutions, and organizations for such costs of such individuals
carrying out other development assistance activities: Provided further,
That funds appropriated by titles II and III of this Act that are made
available for bilateral assistance for child survival activities or
disease programs including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law except for the provisions
under the heading ``Child Survival and Health Programs Fund'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act
of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended by section
595 of this Act: Provided further, That of the funds appropriated under
title II of this Act, not less than $432,000,000 shall be made available
for family planning/reproductive health.
Sec. 523. Of the funds appropriated by this Act, $405,000,000 shall
be made available for humanitarian and reconstruction assistance for
Afghanistan: Provided, That of the funds made available pursuant to this
section, not less than $75,000,000 should be from funds appropriated
under the heading ``Economic Support Fund'': Provided further, That of
the funds made available pursuant to this section, not less than
$2,000,000 should be made available for reforestation activities:
Provided further, That funds made available pursuant to the previous
proviso should be matched, to the maximum extent possible, with
contributions from American and Afghan businesses: Provided further,
That of the funds made available pursuant to this section, not less than
$2,000,000 should be made available for the Afghan Judicial Reform
Commission: Provided further, That of the funds made available pursuant
to this section, not less than $5,000,000 should be made available to
support programs to address the needs of Afghan women through training
and equipment to improve the capacity of women-led Afghan
nongovernmental organizations and to support the activities of such
organizations: Provided further, That not less than $2,000,000 should be
made available for assistance for Afghan
[[Page 118 STAT. 176]]
communities and families that suffer losses as a result of the military
operations.
Sec. 524. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as are other committees
pursuant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are significant
military equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that would
receive such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
Sec. 525. <<NOTE: 22 USC 3948 note. democracy programs>> Funds
appropriated by this and subsequent appropriations Acts to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Eastern Europe and
the Baltic States'', may be made available to employ individuals
overseas on a limited appointment basis pursuant to the authority of
sections 308 and 309 of the Foreign Service Act of 1980: Provided, That
in fiscal years 2004, 2005, and 2006 the authority of this section may
be used to hire not more than 85 individuals in each such year.
Sec. 526. (a) Notwithstanding any other provision of law, of the
funds appropriated by this Act to carry out the provisions of chapter 4
of part II of the Foreign Assistance Act of 1961, not less than
$13,500,000 shall be made available for assistance for activities to
support democracy, human rights, and the rule of law in the People's
Republic of China and Hong Kong: Provided, That funds appropriated under
the heading ``Economic Support Fund'' should be made available for
assistance for Taiwan for the purposes of furthering political and legal
reforms: Provided further, That such funds shall only be made available
to the extent that they are matched from sources other than the United
States Government: Provided further, That funds made available pursuant
to the authority of this subsection shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b)(1) In addition to the funds made available in subsection (a), of
the funds appropriated by this Act under the heading ``Economic Support
Fund'' not less than $11,500,000 shall be made available for programs
and activities to foster democracy, human rights, civic education,
women's development, press freedom, and the rule of law in countries
with a significant Muslim population, and where such programs and
activities would be important to
[[Page 118 STAT. 177]]
United States efforts to respond to, deter, or prevent acts of
international terrorism: Provided, That funds made available pursuant to
the authority of this subsection should support new initiatives or
bolster ongoing programs and activities in those countries: Provided
further, That not less than $3,000,000 of such funds shall be made
available for programs and activities that provide professional training
for journalists: Provided further, That of the funds appropriated under
this heading, in addition to other amounts made available for Egypt in
this Act, funds shall be made available to support civil society
organizations working for democracy in Egypt: Provided further, That
notwithstanding any other provision of law, not to exceed $1,500,000 of
such funds may be used for making grants to educational, humanitarian
and nongovernmental organizations and individuals inside Iran to support
the advancement of democracy and human rights in Iran: Provided further,
That funds made available pursuant to this subsection shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(2) In addition to funds made available under subsections (a) and
(b)(1), of the funds appropriated by this Act under the heading
``Economic Support Fund'' not less than $3,000,000 shall be made
available for programs and activities of the National Endowment for
Democracy to foster democracy, human rights, civic education, women's
development, press freedom, and the rule of law in countries in sub-
Saharan Africa.
(c) Of the funds made available under subsection (a), not less than
$10,500,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and Labor, Department of
State, to support the activities described in subsection (a), and of the
funds made available under subsection (b), not less than $7,000,000
shall be made available for such Fund to support the activities
described in subsection (b): Provided, That the total amount of funds
made available by this Act under ``Economic Support Fund'' for
activities of the Bureau of Democracy, Human Rights and Labor,
Department of State, including funds available in this section, shall be
not less than $34,500,000.
(d) Of the funds made available under subsection (a), not less than
$3,000,000 shall be made available for the National Endowment for
Democracy to support the activities described in subsection (a), and of
the funds made available under subsection (b), not less than $3,500,000
shall be made available for the National Endowment for Democracy to
support the activities described in subsection (b):
Provided, <<NOTE: Reports. Deadline. PROHIBITION ON BILATERAL ASSISTANCE
TO TERRORIST COUNTRIES>> That the Secretary of State shall provide a
report to the Committees on Appropriations within 120 days of the date
of enactment of this Act on the status of the allocation, obligation,
and expenditure of such funds.
Sec. 527. (a) Funds appropriated for bilateral assistance under any
heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not
be made available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
[[Page 118 STAT. 178]]
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. <<NOTE: Federal Register,
publication. DEBT-FOR-DEVELOPMENT>> The President shall publish each
waiver in the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of the
waiver (including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on Appropriations.
Sec. 528. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development may
place in interest bearing accounts local currencies which accrue to that
organization as a result of economic assistance provided under title II
of this Act and any interest earned on such investment shall be used for
the purpose for which the assistance was provided to that organization.
Sec. <<NOTE: 22 USC 2362 note.>> 529. (a) Separate Accounts for
Local Currencies.--(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator
of the United States Agency for International Development shall--
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for International
Development and that government to monitor and account for
deposits into and disbursements from the separate account.
(2) Uses of local currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local currencies,
shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) Programming accountability.--The United States Agency for
International Development shall take all necessary steps to ensure that
the equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
[[Page 118 STAT. 179]]
pursuant to subsection (a)(1) are used for the purposes agreed upon
pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection (a)
shall be disposed of for such purposes as may be agreed to by the
government of that country and the United States Government.
(5) Reporting requirement.--The Administrator of the United States
Agency for International Development shall report on an annual basis as
part of the justification documents submitted to the Committees on
Appropriations on the use of local currencies for the administrative
requirements of the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is made
available to the government of a foreign country, under chapter 1 or 10
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the Committee
of Conference accompanying House Joint Resolution 648 (House Report No.
98-1159).
(3) Notification.--At least 15 days prior to obligating any such
cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of the
Committees on Appropriations, which shall include a detailed description
of how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by the
assistance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the notification
procedures of the Committees on Appropriations.
Sec. 530. <<NOTE: President. burma>> Prior to the distribution of
any assets resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall submit to
the Committees on Appropriations, in accordance with the regular
notification procedures of the Committees on Appropriations, a plan for
the distribution of the assets of the Enterprise Fund.
[[Page 118 STAT. 180]]
Sec. 531. (a) <<NOTE: 50 USC 1701 note.>> The Secretary of the
Treasury shall instruct the United States executive director to each
appropriate international financial institution in which the United
States participates, to oppose and vote against the extension by such
institution of any loan or financial or technical assistance or any
other utilization of funds of the respective bank to and for Burma.
(b) Of the funds appropriated under the heading ``Economic Support
Fund'', not less than $13,000,000 shall be made available to support
democracy activities in Burma, along the Burma-Thailand border, for
activities of Burmese student groups and other organizations located
outside Burma, and for the purpose of supporting the provision of
humanitarian assistance to displaced Burmese along Burma's borders:
Provided, That of this amount $500,000 should be made available to
support newspapers, publications, and other media activities promoting
democracy inside Burma: Provided further, That funds made available
under this heading may be made available notwithstanding any other
provision of law: Provided further, That $5,000,000 shall be allocated
to the United States Agency for International Development for
humanitarian assistance for displaced Burmese and host communities in
Thailand: Provided further, That not more than 60 days after enactment
of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International Development,
shall submit a report to the Committees on Appropriations describing the
amount and rate of disbursement of fiscal years 2002 and 2003 funding
for HIV/AIDS programs and activities in Burma, the estimated amount of
funds expended by the State Peace and Development Council (SPDC) on HIV/
AIDS programs and activities in calendar years 2001, 2002, and 2003, and
the extent to which international nongovernmental organizations are able
to conduct HIV/AIDS programs throughout Burma, including the ability of
expatriate staff to freely travel through the country and to conduct
programmatic oversight independent of SPDC handling and monitoring:
Provided further, That funds made available by this section shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(c) It is the sense of the Congress that the United Nations Security
Council should debate and consider sanctions against Burma as a result
of the threat to regional stability and peace posed by the repressive
and illegitimate rule of the State Peace and Development Council.
Sec. 532. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation Act.
The agency shall promptly report to the Committees on Appropriations
whenever it is conducting activities or is proposing to conduct
activities in a country for which assistance is prohibited.
[[Page 118 STAT. 181]]
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act of
1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, Victims of
War, Displaced Children, and Displaced Burmese.--Funds appropriated by
this Act that are made available for assistance for Afghanistan may be
made available notwithstanding section 512 of this Act or any similar
provision of law and section 660 of the Foreign Assistance Act of 1961,
and funds appropriated in titles I and II of this Act that are made
available for Lebanon, Montenegro, Pakistan, and for victims of war,
displaced children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other provision
of law.
(b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections
103 through 106, and chapter 4 of part II, of the Foreign Assistance Act
of 1961 may be used, notwithstanding any other provision of law, for the
purpose of supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to sections
116, 502B, and 620A of the Foreign Assistance Act of 1961.
(c) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by the United
States Agency for International Development to employ up to 25 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed by the
agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be assigned to
any bureau or office: Provided further, That such funds appropriated to
carry out title II of the Agricultural Trade Development
[[Page 118 STAT. 182]]
and Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the President
pro tempore of the Senate that it is important to the national security
interests of the United States.
(2) Period of application of waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United
States Agency for International Development may provide an exception to
the fair opportunity process for placing task orders under such
contracts when the order is placed with any category of small or small
disadvantaged business.
(f) Shipment of Humanitarian Assistance.--During <<NOTE: 22 USC
2151u note.>> fiscal year 2004 and each fiscal year thereafter, of the
amounts made available by the United States Agency for International
Development to carry out the provisions of section 123(b) of the Foreign
Assistance Act of 1961, funds may be made available to nongovernmental
organizations for administrative costs necessary to implement a program
to obtain available donated space on commercial ships for the shipment
of humanitarian assistance overseas.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(h) National Endowment for Democracy.--Funds appropriated by this
Act that are provided to the National Endowment for Democracy may be
provided notwithstanding any other provision of law or regulation.
(i) World Food Program.--Of the funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance of the United States
Agency for International Development, from this or any other Act, not
less than $6,000,000 shall be made available as a general contribution
to the World Food Program, notwithstanding any other provision of law.
(j) Sudan.--For <<NOTE: 50 USC 1701 note.>> the purposes of section
501 of Public Law 106-570, the terms ``areas outside of control of the
Government of Sudan'' and ``area in Sudan outside of control of the
Government of Sudan'' shall, upon conclusion of a peace agreement
between the Government of Sudan and the Sudan People's Liberation
Movement, have the same meaning and application as was the case
immediately prior to the conclusion of such agreement.
(k) Programs.--Of the funds appropriated under ``Economic Support
Fund'' for Middle East regional programs, up to $5,000,000 may be made
available for programs and activities of the Yitzhak Rabin Center for
Israel Studies in Tel Aviv, Israel, and up to $5,000,000 may be made
available for programs and activities of the Center for Human Dignity
Museum of Tolerance in Jerusalem.
[[Page 118 STAT. 183]]
Sec. 535. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) the three Arab League countries with diplomatic and
trade relations with Israel should return their ambassadors to
Israel, should refrain from downgrading their relations with
Israel, and should play a constructive role in securing a
peaceful resolution of the Israeli-Arab conflict;
(4) the remaining Arab League states should normalize
relations with their neighbor Israel;
(5) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(6) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
Sec. 536. <<NOTE: 22 USC 2364c note. eligibility for assistance>> Of
the funds appropriated or otherwise made available by this Act or any
subsequent Act for ``Economic Support Fund'', assistance may be provided
to strengthen the administration of justice in countries in Latin
America and the Caribbean and in other regions consistent with the
provisions of section 534(b) of the Foreign Assistance Act of 1961,
except that programs to enhance protection of participants in judicial
cases may be conducted notwithstanding section 660 of that Act. Funds
made available pursuant to this section may be made available
notwithstanding section 534(c) and the second and third sentences of
section 534(e) of the Foreign Assistance Act of 1961.
Sec. 537. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading ``Assistance
for Eastern Europe and the Baltic States'': Provided, That before using
the authority
[[Page 118 STAT. 184]]
of this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the Committees
on Appropriations under the regular notification procedures of those
committees, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2004, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Agricultural Trade
Development and Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
Sec. 538. (a) Funds appropriated by this Act which are earmarked may
be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by operation of any provision of this or any other Act:
Provided, That any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and conditions
as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development
that are earmarked for particular programs or activities by this or any
other Act shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to the
Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
Sec. 539. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so directs.
Earmarks or minimum funding requirements contained
[[Page 118 STAT. 185]]
in any other Act shall not be applicable to funds appropriated by this
Act.
Sec. 540. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $750,000 may be made available to
carry out the provisions of section 316 of Public Law 96-533.
Sec. 541. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
Sec. 542. None of the funds appropriated or made available pursuant
to this Act shall be available to a nongovernmental organization which
fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the United States Agency for
International Development.
Sec. 543. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 6(j) of the Export Administration
Act. <<NOTE: Termination.>> The prohibition under this section with
respect to a foreign government shall terminate 12 months after that
government ceases to provide such military
equipment. <<NOTE: Applicability.>> This section applies with respect to
lethal military equipment provided under a contract entered into after
October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of the
United States.
(c) Whenever the waiver authority of subsection (b) is exercised,
the President shall submit to the appropriate congressional committees a
report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
[[Page 118 STAT. 186]]
Sec. 544. (a) Subject to subsection (c), of the funds appropriated
by this Act that are made available for assistance for a foreign
country, an amount equal to 110 percent of the total amount of the
unpaid fully adjudicated parking fines and penalties owed by such
country shall be withheld from obligation for such country until the
Secretary of State submits a certification to the appropriate
congressional committees stating that such parking fines and penalties
are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a) may be
made available for other programs or activities funded by this Act,
after consultation with and subject to the regulation notification
procedures of the appropriate congressional committees, provided that no
such funds shall be made available for assistance to the central
government of a foreign country that has not paid the total amount of
the fully adjudicated parking fines and penalties owed by such country.
(c) Subsection (a) shall not include amounts that have been withheld
under any other provision of law.
(d) The Secretary of State may waive the requirements set forth in
subsection (a) no sooner than 60 days from the date of enactment of this
Act, or at any time with respect to a particular country, if the
Secretary determines that it is in the national interests of the United
States to do so.
(e) <<NOTE: Deadline. Reports.>> Not later than 6 months after the
initial exercise of the waiver authority in subsection (d), the
Secretary of State, after consultations with the City of New York, shall
submit a report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being taken, to
collect the parking fines and penalties owed by nations receiving
foreign assistance under this Act.
(f) In this section:
(1) The term ``appropriate congressional committees'' means
the Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives.
(2) The term ``fully adjudicated'' includes circumstances in
which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation
summons; or
(ii) has not followed the appropriate adjudication
procedure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(3) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997 through
September 30, 2003.
Sec. 545. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization
[[Page 118 STAT. 187]]
for the West Bank and Gaza unless the President has exercised the
authority under section 604(a) of the Middle East Peace Facilitation Act
of 1995 (title VI of Public Law 104-107) or any other legislation to
suspend or make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided, That if the
President fails to make the certification under section 604(b)(2) of the
Middle East Peace Facilitation Act of 1995 or to suspend the prohibition
under other legislation, funds appropriated by this Act may not be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza.
Sec. 546. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That the
drawdown made under this section for any tribunal shall not be construed
as an endorsement or precedent for the establishment of any standing or
permanent international criminal tribunal or court: Provided further,
That funds made available for tribunals other than Yugoslavia, Rwanda,
or the Special Court for Sierra Leone shall be made available subject to
the regular notification procedures of the Committees on Appropriations.
Sec. 547. Notwithstanding any other provision of law, demining
equipment available to the United States Agency for International
Development and the Department of State and used in support of the
clearance of landmines and unexploded ordnance for humanitarian purposes
may be disposed of on a grant basis in foreign countries, subject to
such terms and conditions as the President may prescribe.
Sec. 548. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office of
any department or agency of the United States Government for the purpose
of conducting official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles,
[[Page 118 STAT. 188]]
for the purpose of conducting official United States Government business
with such authority should continue to take place in locations other
than Jerusalem. As has been true in the past, officers and employees of
the United States Government may continue to meet in Jerusalem on other
subjects with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have incidental
discussions.
Sec. 549. None of the funds appropriated or otherwise made available
by this Act under the heading ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Child Survival and Health
Programs Fund'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
Sec. 550. None of the funds appropriated by this Act may be made
available to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development Program) if the
United Nations implements or imposes any taxation on any United States
persons.
Sec. 551. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.), for the Coast Guard.
Sec. 552. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives and the President pro tempore of the Senate that
waiving such prohibition is important to the national security interests
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the steps the Palestinian Authority has
taken to arrest terrorists, confiscate weapons and dismantle the
terrorist infrastructure. The report shall also
[[Page 118 STAT. 189]]
include a description of how funds will be spent and the accounting
procedures in place to ensure that they are properly disbursed.
Sec. 553. None of the funds made available by this Act may be
provided to any unit of the security forces of a foreign country if the
Secretary of State has credible evidence that such unit has committed
gross violations of human rights, unless the Secretary determines and
reports to the Committees on Appropriations that the government of such
country is taking effective measures to bring the responsible members of
the security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by this Act
from any unit of the security forces of a foreign country not credibly
alleged to be involved in gross violations of human rights: Provided
further, That in the event that funds are withheld from any unit
pursuant to this section, the Secretary of State shall promptly inform
the foreign government of the basis for such action and shall, to the
maximum extent practicable, assist the foreign government in taking
effective measures to bring the responsible members of the security
forces to justice.
Sec. 554. The annual foreign military training report required by
section 656 of the Foreign Assistance Act of 1961 shall be submitted by
the Secretary of Defense and the Secretary of State to the Committees on
Appropriations of the House of Representatives and the Senate by the
date specified in that section.
Sec. 555. (a) Funding.--Of the funds appropriated under the heading
``Development Assistance'', not less than $155,000,000 shall be made
available for programs and activities which directly protect
biodiversity, including forests, in developing countries, of which
$1,500,000 should be made available to improve the capacity of
indigenous groups and local environmental organizations and law
enforcement agencies to protect the biodiversity of indigenous reserves
in the Amazon Basin region of Brazil, which amount shall be in addition
to the amount requested in this Act for assistance for Brazil for fiscal
year 2004: Provided, That not later than 1 year after enactment of this
Act, the Secretary of State, in coordination with the Administrator of
the United States Agency for International Development and other
appropriate departments and agencies, and after consultation with
appropriate governments and nongovernmental organizations, shall submit
to the Committees on Appropriations a strategy for biodiversity
conservation in the Amazon Basin region of South America: Provided
further, That of the funds appropriated under the headings ``Development
Assistance'' and ``Andean Counterdrug Initiative'', funds shall be made
available in fiscal year 2004 to develop the strategy described in the
previous proviso: Provided further, That of the funds appropriated by
this Act, not less than $180,000,000 shall be made available to support
policies and programs in developing countries that directly: (1) promote
a wide range of energy conservation, energy efficiency and clean energy
programs and activities,
[[Page 118 STAT. 190]]
including the transfer of clean and environmentally sustainable energy
technologies; (2) measure, monitor, and reduce greenhouse gas emissions;
(3) increase carbon sequestration activities; and (4) enhance climate
change mitigation and adaptation programs.
(b) Climate Change Report.--Not <<NOTE: Deadline.>> later than 45
days after the date on which the President's fiscal year 2005 budget
request is submitted to Congress, the President shall submit a report to
the Committees on Appropriations describing in detail the following--
(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs and
activities in fiscal year 2004, including an accounting of
expenditures by agency with each agency identifying climate
change activities and associated costs by line item as presented
in the President's Budget Appendix; and
(2) all fiscal year 2003 obligations and estimated
expenditures, fiscal year 2004 estimated expenditures and
estimated obligations, and fiscal year 2005 requested funds by
the United States Agency for International Development, by
country and central program, for each of the following: (i) to
promote the transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies; (ii) to
assist in the measurement, monitoring, reporting, verification,
and reduction of greenhouse gas emissions; (iii) to promote
carbon capture and sequestration measures; (iv) to help meet
such countries' responsibilities under the Framework Convention
on Climate Change; and (v) to develop assessments of the
vulnerability to impacts of climate change and mitigation and
adaptation response strategies.
Sec. 556. Funds appropriated by this Act under the heading
``Economic Support Fund'' that are requested for ``Regional Democracy''
assistance for East Asia and the Pacific shall be made available for the
Human Rights and Democracy Fund of the Bureau for Democracy, Human
Rights and Labor, Department of State.
Sec. 557. <<NOTE: 22 USC 2151 note. TIBET>> The Secretary of the
Treasury shall instruct the United States executive director to each
international financial institution to vote against any extension by the
respective institution of any loans, to the Government of Zimbabwe,
except to meet basic human needs or to promote democracy, unless the
Secretary of State determines and certifies to the Committees on
Appropriations that the rule of law has been restored in Zimbabwe,
including respect for ownership and title to property, freedom of speech
and association.
Sec. 558. (a) The Secretary of the Treasury should instruct the
United States executive director to each international financial
institution to use the voice and vote of the United States to support
projects in Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or facilitate the
transfer of ownership of Tibetan land and natural resources
[[Page 118 STAT. 191]]
to non-Tibetans; are based on a thorough needs-assessment; foster self-
sufficiency of the Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(b) Notwithstanding any other provision of law, not less than
$4,000,000 of the funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available to nongovernmental
organizations to support activities which preserve cultural traditions
and promote sustainable development and environmental conservation in
Tibetan communities in the Tibetan Autonomous Region and in other
Tibetan communities in China.
Sec. 559. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
Sec. 560. None of the funds appropriated under the headings
``International Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for Nigeria
until the President certifies to the Committees on Appropriations that
the Nigerian Minister of Defense, the Chief of the Army Staff, and the
Minister of State for Defense/Army are suspending from the Armed Forces
those members, of whatever rank, against whom there is credible evidence
of gross violations of human rights in Benue State in October 2001, and
the Government of Nigeria and the Nigerian Armed Forces are taking
effective measures to bring such individuals to justice: Provided, That
the President may waive such prohibition if he determines that doing so
is in the national security interest of the United States: Provided
further, That prior to exercising such waiver authority, the President
shall submit a report to the Committees on Appropriations describing the
involvement of the Nigerian Armed Forces in the incident in Benue State,
the measures that are being taken to bring such individuals to justice,
and whether any Nigerian Armed Forces units involved with the incident
in Benue State are receiving United States assistance.
Sec. 561. (a) The Secretary of the Treasury should instruct the
United States executive directors of the international financial
institutions to use the voice and vote of the United States to oppose
loans to the Central Government of Cambodia, except loans to meet basic
human needs.
(b)(1) None of the funds appropriated by this Act may be made
available for assistance for the Central Government of Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic education,
reproductive and maternal and child health, cultural and historic
preservation, programs for the prevention, treatment, and control of,
and research on, HIV/AIDS, tuberculosis, malaria, polio and other
infectious diseases, programs to combat human trafficking that are
provided through nongovernmental organizations, and for
[[Page 118 STAT. 192]]
the Ministry of Women and Veterans Affairs to combat human trafficking.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $4,000,000 may be made available for
activities to support democracy, including assistance for democratic
political parties.
(d) Funds appropriated by this Act to carry out provisions of
section 541 of the Foreign Assistance Act of 1961 may be made available
notwithstanding subsection (b) only if at least 15 days prior to the
obligation of such funds, the Secretary of State provides to the
Committees on Appropriations a list of those individuals who have been
credibly alleged to have ordered or carried out extrajudicial and
political killings that occurred during the March 1997 grenade attack
against the Khmer Nation Party, the July 1997 coup d'etat, and election
related violence that occurred during the 1998, 2002, and 2003 elections
in Cambodia.
(e) None of the funds appropriated or otherwise made available by
this Act may be used to provide assistance to any tribunal established
by the Government of Cambodia.
Sec. 562. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a Palestinian state
unless the Secretary of State determines and certifies to the
appropriate congressional committees that--
(1) a new leadership of a Palestinian governing entity has
been democratically elected through credible and competitive
elections;
(2) the elected governing entity of a new Palestinian
state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures; and
(C) is establishing a new Palestinian security
entity that is cooperative with appropriate Israeli and
other appropriate security organizations; and
(3) the Palestinian Authority (or the governing body of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the newly
elected governing entity should enact a constitution
[[Page 118 STAT. 193]]
assuring the rule of law, an independent judiciary, and respect for
human rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he determines
that it is vital to the national security interests of the United States
to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or a newly elected governing entity, in order
to help meet the requirements of subsection (a), consistent with the
provisions of section 552 of this Act (``Limitation on Assistance to the
Palestinian Authority'').
Sec. 563. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this
Act that are available for assistance for the Colombian Armed Forces,
may be made available as follows:
(1) Up to 75 percent of such funds may be obligated prior to
a determination and certification by the Secretary of State
pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be obligated only
after the Secretary of State certifies and reports to the
appropriate congressional committees that:
(A) The Commander General of the Colombian Armed
Forces is suspending from the Armed Forces those
members, of whatever rank who, according to the Minister
of Defense or the Procuraduria General de la Nacion,
have been credibly alleged to have committed gross
violations of human rights, including extra-judicial
killings, or to have aided or abetted paramilitary
organizations.
(B) The Colombian Government is vigorously
investigating and prosecuting those members of the
Colombian Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross violations of
human rights, including extra-judicial killings, or to
have aided or abetted paramilitary organizations, and is
promptly punishing those members of the Colombian Armed
Forces found to have committed such violations of human
rights or to have aided or abetted paramilitary
organizations.
(C) The Colombian Armed Forces have made substantial
progress in cooperating with civilian prosecutors and
judicial authorities in such cases (including providing
requested information, such as the identity of persons
suspended from the Armed Forces and the nature and cause
of the suspension, and access to witnesses, relevant
military documents, and other requested information).
(D) The Colombian Armed Forces have made substantial
progress in severing links (including denying access to
military intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or tacit
cooperation) at the command, battalion, and brigade
levels, with paramilitary organizations, especially in
regions where these organizations have a significant
presence.
(E) The Colombian Armed Forces are dismantling
paramilitary leadership and financial networks by
arresting
[[Page 118 STAT. 194]]
commanders and financial backers, especially in regions
where these networks have a significant presence.
(3) The balance of such funds may be obligated after July
31, 2004, if the Secretary of State certifies and reports to the
appropriate congressional committees, after such date, that the
Colombian Armed Forces are continuing to meet the conditions
contained in paragraph (2) and are conducting vigorous
operations to restore government authority and respect for human
rights in areas under the effective control of paramilitary and
guerrilla organizations.
(b) Congressional Notification.--Funds made available by this Act
for the Colombian Armed Forces shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) Consultative Process.--Not <<NOTE: Deadlines.>> later than 60
days after the date of enactment of this Act, and every 90 days
thereafter until September 30, 2005, the Secretary of State shall
consult with internationally recognized human rights organizations
regarding progress in meeting the conditions contained in that
subsection.
(d) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary groups, including taking
actions which allow, facilitate, or otherwise foster the
activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives.
Sec. 564. (a) Denial of Visas to Supporters of Colombian Illegal
Armed Groups.--Subject to subsection (b), the Secretary of State shall
not issue a visa to any alien who the Secretary determines, based on
credible evidence--
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), or the United Self-Defense Forces of Colombia (AUC),
including taking actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such groups;
or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human
rights, including extra-judicial killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the Secretary of
State determines and certifies to the appropriate congressional
committees, on a case-by-case basis, that the issuance of a visa to the
alien is necessary to support the peace process in Colombia or for
urgent humanitarian reasons.
Sec. 565. None of the funds appropriated or otherwise made available
by this Act may be used to provide equipment, technical support,
consulting services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
[[Page 118 STAT. 195]]
Sec. 566. (a) Oversight.--For fiscal year 2004, 30 days prior to the
initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the appropriate
committees of Congress that procedures have been established to assure
the Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual or entity that the Secretary knows or has reason to believe
advocates, plans, sponsors, engages in, or has engaged in, terrorist
activity. The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out this
subsection.
(c) Audits.--(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant subcontractors
and subgrantees, under the West Bank and Gaza Program, are conducted at
least on an annual basis to ensure, among other things, compliance with
this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for assistance for the
West Bank and Gaza, up to $1,000,000 may be used by the Office of the
Inspector General of the United States Agency for International
Development for audits, inspections, and other activities in furtherance
of the requirements of this subsection. Such funds are in addition to
funds otherwise available for such purposes.
Sec. 567. (a) Limitations on Amount of Contribution.--Of the amounts
made available under ``International Organizations and Programs'' and
``Child Survival and Health Programs Fund'' for fiscal year 2004, the
amount cited in section 576 of Public Law 107-115 shall be made
available for the United Nations Population Fund (hereafter in this
section referred to as the ``UNFPA'').
(b) Family Planning, Maternal and Reproductive Health Activities.--
Of the funds appropriated in Public Law 107-115 that were available for
the UNFPA, including all funds that were transferred to ``Child Survival
and Health Programs Fund'', $34,000,000 shall be made available for
family planning, maternal and reproductive health activities in the
Democratic Republic of the Congo, Ethiopia, Nigeria, Tanzania, Uganda,
Haiti, Georgia, Azerbaijan, Russia, Albania, Romania, and Kazakhstan:
Provided, That such programs and activities shall be deemed to have been
justified to Congress.
(c) Trafficking Initiative.--Of the funds appropriated in Public Law
108-7 that were available for the UNFPA and that were transferred to
``Child Survival and Health Programs Fund'', $25,000,000 shall be
allocated for assistance for ``vulnerable children'' and made available
for a new initiative for assistance for
[[Page 118 STAT. 196]]
young women, mothers and children who are victims of trafficking in
persons: Provided, That such programs and activities shall be deemed to
have been justified to Congress.
(d) Prohibition on Use of Funds in China.--None of the funds made
available under ``International Organizations and Programs'' may be made
available for the UNFPA for a country program in the People's Republic
of China.
(e) Conditions on Availability of Funds.--Amounts made available
under ``International Organizations and Programs'' and ``Child Survival
and Health Programs Fund'' for fiscal year 2004 for the UNFPA may not be
made available to UNFPA unless--
(1) the UNFPA maintains amounts made available to the UNFPA
under this section in an account separate from other accounts of
the UNFPA;
(2) the UNFPA does not commingle amounts made available to
the UNFPA under this section with other sums; and
(3) the UNFPA does not fund abortions.
Sec. 568. (a) Funds appropriated by this Act may be made available
for assistance for the central Government of Uzbekistan only if the
Secretary of State determines and reports to the Committees on
Appropriations that the Government of Uzbekistan is making substantial
and continuing progress in meeting its commitments under the
``Declaration on the Strategic Partnership and Cooperation Framework
Between the Republic of Uzbekistan and the United States of America'',
including respect for human rights, establishing a genuine multi-party
system, and ensuring free and fair elections, freedom of expression, and
the independence of the media.
(b) Funds appropriated by this Act may be made available for
assistance for the Government of Kazakhstan only if the Secretary of
State determines and reports to the Committees on Appropriations that
the Government of Kazakhstan has made significant improvements in the
protection of human rights during the preceding 6-month period.
(c) The Secretary of State may waive the requirements under
subsection (b) if he determines and reports to the Committees on
Appropriations that such a waiver is in the national security interests
of the United States.
(d) <<NOTE: Deadline. Reports.>> Not later than October 1, 2004, the
Secretary of State shall submit a report to the Committees on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of Representatives
describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 6-month period ending 30 days prior to
submission of such report.
(2) The use during such period of defense articles, defense
services, and financial assistance provided by the United States
by units of the armed forces, border guards, or other security
forces of such countries.
(e) For purposes of this section, the term ``countries of Central
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
Turkmenistan.
[[Page 118 STAT. 197]]
Sec. 569. None of the funds appropriated under this Act may be made
available for the Government of the Russian Federation, after 180 days
from the date of the enactment of this Act, unless the President
determines and certifies in writing to the Committees on Appropriations
that the Government of the Russian Federation has implemented no
statute, Executive order, regulation or similar government action that
would discriminate, or who have as its principal effect discrimination,
against religious groups or religious communities in the Russian
Federation in violation of accepted international agreements on human
rights and religious freedoms to which the Russian Federation is a
party.
Sec. 570. (a)(1) None of the funds appropriated or otherwise made
available pursuant to this Act may be made available for assistance, and
the Secretary of the Treasury shall instruct the United States executive
directors to the international financial institutions to vote against
any new project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as determined by
the Secretary of State, to take necessary and significant steps to
implement its international legal obligations to apprehend and transfer
to the International Criminal Tribunal for the former Yugoslavia (the
``Tribunal'') all persons in their territory who have been indicted by
the Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such country,
entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of
documents, and the surrender and transfer of indictees or
assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
financial institution regarding the extension of any new project
involving financial or technical assistance or grants to any country or
entity described in subsection (a), the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to the
Committees on Appropriations a written justification for the proposed
assistance, including an explanation of the United States position
regarding any such vote, as well as a description of the location of the
proposed assistance by municipality, its purpose, and its intended
beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International Development,
and the Secretary of the Treasury shall consult with representatives of
human rights organizations and all government agencies with relevant
information to help prevent indicted war criminals from benefiting from
any financial or technical assistance
[[Page 118 STAT. 198]]
or grants provided to any country or entity described in subsection (a).
(e) The Secretary of State may waive the application of subsection
(a) with respect to projects within a country, entity, or municipality
upon a written determination to the Committees on Appropriations that
such assistance directly supports the implementation of the Dayton
Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation of
Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
Srpska.
(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as defined
herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and Herzegovina,
together with annexes relating thereto, done at Dayton, November
10 through 16, 1995.
Sec. 571. The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) and the International Monetary Fund to oppose any
loan, grant, strategy or policy of these institutions that would require
user fees or service charges on poor people for primary education or
primary healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal well-being,
in connection with the institutions' financing programs.
Sec. 572. (a) Funds appropriated by this Act may be made available
for assistance for Serbia after March 31, 2004, if the President has
made the determination and certification contained in subsection (c).
(b) After March 31, 2004, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the Government
of the Federal Republic of Yugoslavia (or a government of a successor
state) subject to the conditions in subsection (c): Provided, That
section 576 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, as amended, shall not apply to the
provision of loans and assistance to the Federal Republic of Yugoslavia
(or a successor state) through international financial institutions.
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of the Federal Republic
of Yugoslavia (or a government of a successor state) is--
(1) cooperating with the International Criminal Tribunal for
the former Yugoslavia including access for investigators, the
provision of documents, and the surrender and transfer of
indictees or assistance in their apprehension, including
[[Page 118 STAT. 199]]
making all practicable efforts to apprehend and transfer Ratko
Mladic;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law, including the
release of political prisoners from Serbian jails and prisons.
(d) This section shall not apply to Montenegro, Kosovo, humanitarian
assistance or assistance to promote democracy in municipalities.
Sec. 573. (a) Authority.--Funds <<NOTE: 22 USC 2151 note.>> made
available by this Act to carry out the provisions of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961, may be
used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority in Jamaica
and El Salvador through training and technical assistance in human
rights, the rule of law, strategic planning, and through assistance to
foster civilian police roles that support democratic governance
including assistance for programs to prevent conflict and foster
improved police relations with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall be
subject to the regular notification procedures of the Committees on
Appropriations.
Sec. 574. (a) Authority to Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed
by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f) of the
Commodity Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of 1966, as
amended (Public Law 89-808), or section 202 of the Agricultural
Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
[[Page 118 STAT. 200]]
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to the funds appropriated by this Act under
the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to subsection (a) shall not be considered assistance for the purposes of
any provision of law limiting assistance to a country. The authority
provided by subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 or section 321 of the
International Development and Food Assistance Act of 1975.
Sec. 575. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid for such debt by such eligible country, or the
difference between the price paid for such debt and the
face value of such debt, to support activities that link
conservation and sustainable use of natural resources
with local community development, and child survival and
other child development, in a manner consistent with
sections 707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation would
not contravene any term or condition of any prior
agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with this
[[Page 118 STAT. 201]]
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section, of
any loan made to an eligible country, the President should consult with
the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
Sec. 576. Funds appropriated by this Act to carry out part I of the
Foreign Assistance Act of 1961 may be used, in addition to funds
otherwise available for such purposes, for the cost (including the
support costs) of individuals detailed to or employed by the United
States Agency for International Development whose primary responsibility
is to carry out programs to address natural or manmade disasters or
programs under the heading ``Transition Initiatives''.
Sec. 577. <<NOTE: 22 USC 2151a note. Philippine Education and Health
Infrastructure>> The Secretary of the Treasury may, to fulfill
commitments of the United States, contribute on behalf of the United
States to the sixth replenishment of the resources of the International
Fund for Agricultural Development. The following amount is authorized to
be appropriated without fiscal year limitation for payment by the
Secretary of the Treasury: $45,000,000 for the International Fund for
Agricultural Development.
[[Page 118 STAT. 202]]
Sec. 578. Of the funds appropriated under ``Economic Support Fund''
for the Philippines in Public Law 108-11, the Emergency Wartime
Supplemental Appropriations Act, 2003, $600,000 shall be available only
for upgrading education and health infrastructure in the Sulu
Archipelago.
Sec. 579. Of the funds appropriated by title II of this Act, not
less than $326,500,000 shall be made available for basic education:
Provided, That the Secretary of State, in consultation with the
Administrator of the United States Agency for International Development
(USAID), shall submit a report not later than 120 days after enactment
of this Act articulating a strategy for the use of basic education funds
in Africa, East Asia and the Pacific, the Near East, South Asia, and the
Western Hemisphere (excluding the United States) to include--
(1) country strategies and brief project descriptions of the
uses and proposed uses of all United States Government resources
for basic education overseas;
(2) a detailed description of the administrative structure
currently in place to manage strategic coordination undertaken
among the State Department, USAID and other agencies involved in
international basic education activities; and
(3) a description of actions being taken to expand the
administrative capacity of both USAID and the State Department
to deliver effective expanded basic education programs.
Sec. 580. The International Development Association Act (22 U.S.C.
284-284s) is amended by adding at the end the following:
``SEC. 22. <<NOTE: 22 USC 284t.>> THIRTEENTH REPLENISHMENT.
``(a) Contribution Authority.--
``(1) In general.--The United States Governor of the
Association may contribute on behalf of the United States an
amount equal to the amount appropriated under subsection (b),
pursuant to the resolution of the Association entitled
`Additions to IDA Resources: Thirteenth Replenishment'.
``(2) Subject to appropriations.--Any commitment to make the
contribution authorized by paragraph (1) shall be effective only
to such extent or in such amounts as are provided in advance in
appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.
Sec. 581. Title XV of the International Financial Institutions Act
(22 U.S.C. 262o--262o-2) is amended by adding at the end the following:
[[Page 118 STAT. 203]]
``SEC. 1504. <<NOTE: 22 USC 262o-3.>> ADMINISTRATIVE PROVISIONS.
``(a) Achievement of Certain Policy Goals.--The Secretary of the
Treasury should instruct the United States Executive Director at each
multilateral development institution to inform the institution of the
following United States policy goals, and use the voice and vote of the
United States to achieve the goals at the institution before June 30,
2005:
``(1) <<NOTE: Deadline.>> No later than 60 calendar days
after the Board of Directors of the institution approves the
minutes of a Board meeting, the institution shall post on its
website an electronic version of the minutes, with material
deemed too sensitive for public distribution redacted.
``(2) <<NOTE: Records.>> The institution shall keep a
written transcript or electronic recording of each meeting of
its Board of Directors and preserve the transcript or recording
for at least 10 years after the meeting.
``(3) All public sector loan, credit and grant documents,
country assistance strategies, sector strategies, and sector
policies prepared by the institution and presented for
endorsement or approval by its Board of Directors, with
materials deemed too sensitive for public distribution redacted
or withheld, shall be made available to the public 15 calendar
days before consideration by the Board or, if not then
available, when the documents are distributed to the Board. Such
documents shall include the resources and conditionality
necessary to ensure that the borrower complies with applicable
laws in carrying out the terms and conditions of such documents,
strategies, or policies, including laws pertaining to the
integrity and transparency of the process such as public
consultation, and to public health and safety and environmental
protection.
``(4) The institution shall post on its website an annual
report containing statistical summaries and case studies of the
fraud and corruption cases pursued by its investigations unit.
``(5) The institution shall require that any health,
education, or poverty-focused loan, credit, grant, document,
policy, or strategy prepared by the institution includes
specific outcome and output indicators to measure results, and
that the indicators and results be published periodically during
the execution, and at the completion, of the project or program.
``(6) The institution shall establish a plan and schedule
for conducting regular, independent audits of internal
management controls and procedures for meeting operational
objectives, complying with Bank policies, and preventing fraud,
and making reports describing the scope and findings of such
audits available to the public.
``(7) <<NOTE: Procedures.>> The institution shall establish
effective procedures for the receipt, retention, and treatment
of: (A) complaints received by the Bank regarding fraud,
accounting, mismanagement, internal accounting controls, or
auditing matters; and (B) the confidential, anonymous submission
by employees of the Bank of concerns regarding fraud,
accounting, mismanagement, internal accounting controls, or
auditing matters.
``(b) <<NOTE: Deadline. Reports.>> Not later than September 1, 2004,
and 6 months thereafter, the Secretary of the Treasury shall submit a
report to the appropriate congressional committees describing the
actions taken by each multilateral development institution to implement
the policy
[[Page 118 STAT. 204]]
goals described in subsection (a), and any further actions that need to
be taken to fully implement such goals.
``(c) <<NOTE: Deadline.>> Publication of Written Statements
Regarding Inspection Mechanism Cases.--No later than 60 calendar days
after a meeting of the Board of Directors of a multilateral development
institution, the Secretary of the Treasury should provide for
publication on the website of the Department of the Treasury of any
written statement presented at the meeting by the United States
Executive Director at the institution concerning--
``(1) a project on which a claim has been made to the
inspection mechanism of the institution; or
``(2) a pending inspection mechanism case.
``(d) Congressional Briefings.--The Secretary of the Treasury or the
designee of the Secretary should brief the appropriate congressional
committees, when requested, on the steps that have been taken by the
United States Executive Director at any multilateral development
institution, and by any such institution, to implement the measures
described in this section.
``(e) Publication of `No' Votes and Abstentions by the United
States.--Each month, the Secretary of the Treasury should provide for
posting on the website of the Department of the Treasury of a record of
all `no' votes and abstentions made by the United States Executive
Director at any multilateral development institution on any matter
before the Board of Directors of the institution.
``(f) Multilateral Development Institution Defined.--In this
section, the term `multilateral development institution' shall have the
meaning given in section 1701(c)(3).''.
Sec. 582. The Asian Development Bank Act (22 U.S.C. 285-285aa) is
amended by adding at the end the following:
``SEC. 31. <<NOTE: 22 USC 285bb.>> ADDITIONAL CONTRIBUTION TO SPECIAL
FUNDS.
``(a) Contribution Authority.--
``(1) In general.--The United States Governor of the Bank
may contribute on behalf of the United States an amount equal to
the amount appropriated under subsection (b), pursuant to the
resolution of the Bank entitled `Seventh Replenishment of the
Asian Development Fund'.
``(2) Subject to appropriations.--Any commitment to make the
contribution authorized by paragraph (1) shall be effective only
to such extent or in such amounts as are provided in advance in
appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.
Sec. 583. The African Development Fund Act (22 U.S.C. 290g--290g-15)
is amended by adding at the end the following:
``SEC. 217. <<NOTE: 22 USC 290g-16.>> NINTH REPLENISHMENT.
``(a) Contribution Authority.--
[[Page 118 STAT. 205]]
``(1) In general.--The United States Governor of the Fund
may contribute on behalf of the United States an amount equal to
the amount appropriated under subsection (b), pursuant to the
resolution of the Fund entitled `The Ninth General Replenishment
of Resources of the African Development Fund'.
``(2) Subject to appropriations.--Any commitment to make the
contribution authorized by paragraph (1) shall be effective only
to such extent or in such amounts as are provided in advance in
appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.
Sec. 584. (a) Limitation on Use of Funds by OPIC.--None of the funds
made available in this Act may be used by the Overseas Private
Investment Corporation to insure, reinsure, guarantee, or finance any
investment in connection with a project involving the mining, polishing
or other processing, or sale of diamonds in a country that fails to meet
the requirements of subsection (c).
(b) Limitation on Use of Funds by the Export-Import Bank.--None of
the funds made available in this Act may be used by the Export-Import
Bank of the United States to guarantee, insure, extend credit, or
participate in an extension of credit in connection with the export of
any goods to a country for use in an enterprise involving the mining,
polishing or other processing, or sale of diamonds in a country that
fails to meet the requirements of subsection (c).
(c) Requirements.--The requirements referred to in subsections (a)
and (b) are that the country concerned is implementing the
recommendations, obligations and requirements developed by the Kimberley
Process on conflict diamonds.
Sec. 585. Of the funds appropriated under the headings ``Economic
Support Fund'', not less than $8,000,000 shall be made available to
support reconciliation programs and activities which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil conflict and war.
Sec. 586. Of the funds appropriated under the headings ``Development
Assistance'' and ``Child Survival and Health Programs Fund'', not less
than $35,000,000 shall be made available for assistance for Nicaragua.
Sec. 587. <<NOTE: Deadlines.>> The Administrator of the United
States Agency for International Development (``USAID'') shall seek to
ensure that programs, projects, and activities administered by USAID in
Afghanistan comply fully with USAID's ``Policy Paper: Disability''
issued on September 12, 1997: Provided, <<NOTE: Reports.>> That the
Administrator shall submit a report to the Committees on Appropriations
not
[[Page 118 STAT. 206]]
later than December 31, 2004, describing the manner in which the needs
of people with disabilities were met in the development and
implementation of USAID programs, projects, and activities in
Afghanistan in fiscal <<NOTE: Standards. trade capacity building>> year
2004: Provided further, That the Administrator, not later than 180 days
after enactment of this Act and in consultation, as appropriate, with
other appropriate departments and agencies, the Architectural and
Transportation Barriers Compliance Board, and nongovernmental
organizations with expertise in the needs of people with disabilities,
shall develop and implement appropriate standards for access for people
with disabilities for construction projects funded by USAID.
Sec. 588. Of the funds appropriated by this Act, under the headings
``Trade and Development Agency'', ``Development Assistance'',
``Transition Initiatives'', ``Economic Support Fund'', ``International
Affairs Technical Assistance'', and ``International Organizations and
Programs'', not less than $503,000,000 should be made available for
trade capacity building assistance.
Sec. 589. (a) The Congress recognizes the important contribution
that the democratically elected Government of Nigeria has played in
fostering stability in West Africa, including reaching an agreement with
the Government of Liberia to provide relief and promote reconciliation
in that nation. The Congress also recognizes the important contributions
of other African nations and supports continued assistance aimed at
resolving the conflicts that have destabilized West Africa and the Great
Lakes region.
(b) The Congress reaffirms its support for the efforts of the
International Criminal Tribunal for Rwanda (ICTR) and the Special Court
for Sierra Leone (SCSL) to bring to justice individuals responsible for
war crimes and crimes against humanity in a timely manner.
(c) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR and SCSL
are credibly alleged to be living, if the Secretary of State determines
and reports to the Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this subsection shall not
apply to assistance provided under section 551 of the Foreign Assistance
Act of 1961 or to project assistance under title II of this Act:
Provided further, That the United States shall use its voice and vote in
the United Nations Security Council to fully support efforts by ICTR and
SCSL to bring to justice individuals indicted by such tribunals in a
timely manner.
(d) The prohibition in subsection (c) may be waived on a country by
country basis if the President determines that doing so is in the
national security interest of the <<NOTE: President. Reports.>> United
States: Provided, That prior to exercising such waiver authority, the
President shall report to the Committees on Appropriations, in
classified form if necessary, on: (1) the steps being taken to obtain
the cooperation of the government in surrendering the indictee in
question to SCSL or
[[Page 118 STAT. 207]]
ICTR; (2) a strategy for bringing the indictee before ICTR or SCSL; and
(3) the justification for exercising the waiver authority.
(e) Of the funds made available under the heading ``Economic Support
Fund'' in Public Law 108-7, not less than $5,000,000 shall be made
available during fiscal year 2004 for a contribution to the Special
Court of <<NOTE: Deadline.>> Sierra Leone: Provided, That funds made
available under the previous proviso shall be disbursed no later than 30
days after enactment of this Act.
report on admission of refugees
Sec. 590. (a) The Secretary of State shall utilize private voluntary
organizations with expertise in the protection needs of refugees in the
processing of refugees overseas for admission and resettlement to the
United States, and shall utilize such agencies in addition to the United
Nations High Commissioner for Refugees in the identification and
referral of refugees.
(b) The Secretary of State should establish a system for accepting
referrals of appropriate candidates for resettlement from local private,
voluntary organizations and work to ensure that particularly vulnerable
refugee groups receive special consideration for admission into the
United States, including--
(1) long-stayers in countries of first asylum;
(2) unaccompanied refugee minors;
(3) refugees outside traditional camp settings; and
(4) refugees in woman-headed households.
(c) The Secretary of State shall give special consideration to--
(1) refugees of all nationalities who have close family ties
to citizens and residents of the United States; and
(2) other groups of refugees who are of special concern to
the United States.
(d) <<NOTE: Deadline.>> Not later than 120 days after the date of
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations describing the steps that have been
taken to implement this section.
post differentials and danger pay allowances
Sec. 591. (a) Section 5925(a) of title 5, United States Code, is
amended in the third sentence by inserting after ``25 percent of the
rate of basic pay'' the following: ``or, in the case of an employee of
the United States Agency for International Development, 35 percent of
the rate of basic pay''.
(b) Section 5928 of title 5, United States Code, is amended by
inserting after ``25 percent of the basic pay of the employee'' both
places it appears the following: ``or 35 percent of the basic pay of the
employee in the case of an employee of the United States Agency for
International Development''.
(c) <<NOTE: 5 USC 5925 note. report on azerbaijan>> Except for
employees of the United States Agency for International Development
stationed in Iraq and Afghanistan, the amendments made by subsections
(a) and (b) shall not take effect until the same authority is enacted
for employees of the Department of State.
Sec. 592. <<NOTE: Deadline.>> Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, in consultation
with the Attorney
[[Page 118 STAT. 208]]
General, shall submit a report to the Committee on Foreign Relations and
the Committee on Appropriations of the Senate and the Committee on
International Relations and the Committee on Appropriations of the House
of Representatives on the investigation of the murder of United States
democracy worker John Alvis. Such report shall include--
(1) a description of the steps taken by the Government of
Azerbaijan to further such investigation and bring to justice
those responsible for the murder of John Alvis;
(2) a description of the actions of the Government of
Azerbaijan to cooperate with United States agencies involved in
such investigation; and
(3) any recommendations of the Secretary for furthering
progress of such investigation.
Sec. 593. The International Organizations Immunities Act (22 U.S.C.
288 et seq.) is amended by adding at the end the following new section:
``Sec. 16. <<NOTE: 22 USC 288f-6. code of conduct>> The provisions
of this title may be extended to the Global Fund to Fight AIDS,
Tuberculosis and Malaria in the same manner, to the same extent, and
subject to the same conditions, as they may be extended to a public
international organization in which the United States participates
pursuant to any treaty or under the authority of any Act of Congress
authorizing such participation or making an appropriation for such
participation.''.
Sec. 594. (a) None of the funds made available by title II under the
heading ``migration and refugee assistance'' or ``transition
initiatives'' to provide assistance to refugees or internally displaced
persons may be provided to an organization that has failed to adopt a
code of conduct consistent with the Inter-Agency Standing Committee Task
Force on Protection From Sexual Exploitation and Abuse in Humanitarian
Crises six core principles for the protection of beneficiaries of
humanitarian assistance.
(b) In administering the amounts made available for the accounts
described in subsection (a), the Secretary of State and Administrator of
the United States Agency for International Development shall incorporate
specific policies and programs for the purpose of identifying specific
needs of, and particular threats to, women and children at the various
stages of humanitarian emergencies, especially at the onset of such
emergency.
(c) <<NOTE: Deadline. Reports.>> Not later than 90 days after the
date of enactment of this Act, the Secretary of State shall submit to
the Committee on Foreign Relations of the Senate, the Committee on
International Relations of the House of Representatives and the
Committees on Appropriations a report on activities of the Government of
the United States to protect women and children affected by humanitarian
emergencies. The report shall include--
(1) an assessment of the specific protection needs of women
and children at the various stages of humanitarian emergencies;
[[Page 118 STAT. 209]]
(2) a description of which agencies and offices of the
United States Government are responsible for addressing each
aspect of such needs and threats; and
(3) guidelines and recommendations for improving United
States and international systems for the protection of women and
children during humanitarian emergencies.
Sec. 595. The United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et
seq.) is amended--
(1) <<NOTE: 22 USC 7622.>> in section 202(d)(4)(A), by
adding at the end the following new clause:
``(vi) for the purposes of clause (i), `funds
contributed to the Global Fund from all sources' means
funds contributed to the Global Fund at any time during
fiscal years 2004 through 2008 that are not contributed
to fulfill a commitment made for a fiscal year prior to
fiscal year 2004.'';
(2) in section 202(d)(4)(B), by adding at the end the
following new clause:
``(iv) Notwithstanding clause (i), after July 31 of
each of the fiscal years 2004 through 2008, any amount
made available under this subsection that is withheld by
reason of subparagraph (A)(i) is authorized to be made
available to carry out sections 104A, 104B, and 104C of
the Foreign Assistance Act of 1961 (as added by title
III of this Act).''; and
(3) in <<NOTE: 22 USC 7631. TECHNICAL CORRECTION RELATING TO
THE ENHANCED HIPC INITIATIVE>> section 301(f), by inserting ``,
except that this subsection shall not apply to the Global Fund
to Fight AIDS, Tuberculosis and Malaria, the World Health
Organization, the International AIDS Vaccine Initiative or to
any United Nations agency'' after ``trafficking''.
Sec. 596. Section 1625(a)(1)(B)(ii) of the International Financial
Institutions Act (as added by section 501 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25)) is <<NOTE: 22 USC 262p-8. INDONESIA>> amended by
striking ``subparagraph (A)'' and inserting ``clause (i)''.
Sec. 597. (a) <<NOTE: President. Certification.>> Funds appropriated
by this Act under the heading ``Foreign Military Financing Program'' may
be made available for assistance for Indonesia, and licenses may be
issued for the export of lethal defense articles for the Indonesian
Armed Forces, only if the President certifies to the appropriate
congressional committees that--
(1) the Indonesia Minister of Defense is suspending from the
Armed Forces those members, of whatever rank, who have been
credibly alleged to have committed gross violations of human
rights, or to have aided or abetted militia groups;
(2) the Indonesian Government is prosecuting those members
of the Indonesian Armed Forces, of whatever rank, who
[[Page 118 STAT. 210]]
have been credibly alleged to have committed gross violations of
human rights, or to have aided or abetted militia groups, and is
punishing those members of the Indonesian Armed Forces found to
have committed such violations of human rights or to have aided
or abetted militia groups;
(3) the Indonesian Armed Forces are cooperating with
civilian prosecutors and judicial authorities in Indonesia and
with the joint United Nations-East Timor Serious Crimes Unit
(SCU) in such cases (including extraditing those indicted by the
SCU to East Timor and providing access to witnesses, relevant
military documents, and other requested information); and
(4) the Minister of Defense is making publicly available
audits of receipts and expenditures of the Indonesian Armed
Forces.
(b) Congress notes that the Indonesian Government and Armed Forces
have pledged to cooperate with the Federal Bureau of Investigation with
respect to its investigation into the August 31, 2002, murders of two
American citizens and one Indonesian citizen in Timika, Indonesia.
Therefore, funds appropriated under the heading ``INTERNATIONAL MILITARY
EDUCATION AND TRAINING'' may be made available for Indonesia if the
Secretary of State determines and reports to the appropriate
congressional committees that the Indonesian Government and Armed Forces
are cooperating with the Federal Bureau of Investigation's
investigation: Provided, That this restriction shall not apply to
expanded international military education and training, which may
include English language training.
Sec. 598. The assessment and description of violations of religious
freedom contained in the report required by section 102(b)(1)(B) of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(B))
shall include a description of persecution targeted at specific
religions, including acts of anti-Semitism, by individuals or
organizations designated as terrorist organizations by the Secretary of
State under section 219 of the Immigration and Nationality Act, as
amended.
Sec. 599A. The Secretary of State and the Administrator of the
United States Agency for International Development shall seek to ensure
that, where appropriate, dedicated air service is provided for
transportation to areas where scheduled air service is not adequate to
meet assistance requirements on a timely basis: Provided, That to the
maximum extent practicable and in a manner consistent with the use of
full and open competition (as that term is defined in section 4(6) of
the Office of Federal Procurement Policy Act (41 U.S.C. 403(6)),
contracts for such dedicated air service shall be entered into with
United States air carriers.
Sec. 599B. (a) Section 3204(f) of the Emergency Supplemental Act,
2000 (Public Law 106-246) <<NOTE: 114 Stat. 577.>> is amended--
[[Page 118 STAT. 211]]
(1) in the heading, by striking ``BIMONTHLY'' and inserting
``QUARTERLY'';
(2) by striking ``60'' and inserting ``90''; and
(3) by striking ``Congress'' and inserting ``the appropriate
congressional committees''.
(b) The report required by section 3204(e) of the Emergency
Supplemental Act, 2000 (Public Law 106-246) <<NOTE: 114 Stat. 576.>> is
amended by striking ``Congress'' and inserting ``the appropriate
congressional committees''.
(c) Subsection (a) of section 803 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2001, Appendix A of
Public Law 106-429 (as enacted by section 101(a) of such Public
Law) <<NOTE: 22 USC 262r-6. CPA DETAILEES>> is hereby repealed.
Sec. 599C. <<NOTE: Reports.>> The Office of Personnel Management
shall provide the House and Senate Committees on Appropriations a report
of the number of Federal employees detailed from each executive agency
to the Coalition Provisional Authority in Iraq on the date of enactment
of this Act: Provided, <<NOTE: Deadline.>> That the report shall
identify by agency the number of non-reimbursable and reimbursable
detailees and shall be submitted to the House and Senate Committees on
Appropriations by February 1, 2004: Provided further, That the report
shall be updated and submitted on a quarterly basis until May, 2005.
TITLE VI--MILLENNIUM <<NOTE: Millennium Challenge Act of
2003.>> CHALLENGE ACT OF 2003
SEC. 601. <<NOTE: 22 USC 7701 note.>> SHORT TITLE.
This title may be cited as the ``Millennium Challenge Act of 2003''.
SEC. 602. <<NOTE: 22 USC 7701.>> PURPOSES.
The purposes of this title are--
(1) to provide United States assistance for global
development through the Millennium Challenge Corporation, as
described in section 604; and
(2) to provide such assistance in a manner that promotes
economic growth and the elimination of extreme poverty and
strengthens good governance, economic freedom, and investments
in people.
SEC. 603. <<NOTE: 22 USC 7702.>> DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International Relations and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Board.--The term ``Board'' means the Board of Directors
of the Corporation established pursuant to section 604(c).
(3) Candidate country.--The term ``candidate country'' means
a country that meets the requirements of section 606.
[[Page 118 STAT. 212]]
(4) Chief executive officer.--The term ``Chief Executive
Officer'' means the chief executive officer of the Corporation
appointed pursuant to section 604(b).
(5) Compact.--The term ``Compact'' means a Millennium
Challenge Compact described in section 609.
(6) Corporation.--The term ``Corporation'' means the
Millennium Challenge Corporation established by section 604(a).
(7) Eligible country.--The term ``eligible country'' means a
candidate country that is determined, under section 607, to be
an eligible country to receive assistance under section 605.
SEC. 604. <<NOTE: 22 USC 7703.>> ESTABLISHMENT AND MANAGEMENT OF THE
MILLENNIUM CHALLENGE CORPORATION.
(a) Establishment.--There is established in the executive branch a
corporation to be known as the ``Millennium Challenge Corporation'' that
shall be responsible for carrying out this title. The Corporation shall
be a government corporation, as defined in section 103 of title 5,
United States Code.
(b) Chief Executive Officer.--
(1) In general.--There shall be in the Corporation a Chief
Executive Officer who shall be responsible for the management of
the Corporation.
(2) Appointment.--
(A) In general.--Except <<NOTE: President.>> as
provided in subparagraph (B), the Chief Executive
Officer shall be appointed by the President, by and with
the advice and consent of the Senate.
(B) Interim ceo.--The members of the Board of
Directors described in subsection (c)(3)(A) may
designate by unanimous consent in writing an individual
who is an officer within any Federal department or
agency (and who has been appointed to such position by
the President, by and with the advice and consent of the
Senate) to carry out the duties described in this
subsection until the Chief Executive Officer is
appointed pursuant to subparagraph (A).
(3) Relationship to board.--The Chief Executive Officer
shall report to and be under the direct authority of the Board.
(4) Compensation and rank.--
(A) In general.--The Chief Executive Officer shall
be compensated at the rate provided for level II of the
Executive Schedule under section 5313 of title 5, United
States Code, and shall have the equivalent rank of
Deputy Secretary.
(B) Amendment.--Section 5313 of title 5, United
States Code, is amended by adding at the end the
following:
``Chief Executive Officer, Millennium Challenge
Corporation.''.
(5) Authorities and duties.--The Chief Executive Officer
shall be responsible for the management of the Corporation and
shall exercise the powers and discharge the duties of the
Corporation.
(6) Authority to appoint officers.--In consultation and with
approval of the Board, the Chief Executive Officer shall appoint
all officers of the Corporation.
[[Page 118 STAT. 213]]
(c) Board of Directors.--
(1) Establishment.--There shall be in the Corporation a
Board of Directors.
(2) Duties.--The Board shall perform the functions specified
to be carried out by the Board in this title and may prescribe,
amend, and repeal bylaws, rules, regulations, and procedures
governing the manner in which the business of the Corporation
may be conducted and in which the powers granted to it by law
may be exercised.
(3) Membership.--The Board shall consist of--
(A) the Secretary of State, the Secretary of the
Treasury, the Administrator of the United States Agency
for International Development, the Chief Executive
Officer of the Corporation, and the United States Trade
Representative; and
(B) four other individuals with relevant
international experience who shall be appointed by the
President, by and with the advice and consent of the
Senate, of which--
(i) one individual should be appointed from
among a list of individuals submitted by the
majority leader of the House of Representatives;
(ii) one individual should be appointed from
among a list of individuals submitted by the
minority leader of the House of Representatives;
(iii) one individual should be appointed from
among a list of individuals submitted by the
majority leader of the Senate; and
(iv) one individual should be appointed from
among a list of individuals submitted by the
minority leader of the Senate.
(4) Terms.--
(A) Officers of the federal government.--Each member
of the Board described in paragraph (3)(A) shall serve
for a term that is concurrent with the term of service
of the individual's position as an officer within the
other Federal department or agency.
(B) Other members.--Each member of the Board
described in paragraph (3)(B) shall be appointed for a
term of 3 years and may be reappointed for a term of an
additional 2 years.
(C) Vacancies.--A vacancy in the Board shall be
filled in the manner in which the original appointment
was made.
(5) Chairperson.--There shall be a Chairperson of the Board.
The Secretary of State shall serve as the Chairperson.
(6) Quorum.--A majority of the members of the Board shall
constitute a quorum, which, except with respect to a meeting of
the Board during the 135-day period beginning on the date of the
enactment of this Act, shall include at least one member of the
Board described in paragraph (3)(B).
(7) Meetings.--The Board shall meet at the call of the
Chairperson.
(8) Compensation.--
(A) Officers of the federal government.--
(i) In general.--A member of the Board
described in paragraph (3)(A) may not receive
additional pay, allowances, or benefits by reason
of the member's service on the Board.
[[Page 118 STAT. 214]]
(ii) Travel expenses.--Each such member of the
Board shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(B) Other members.--
(i) In general.--Except as provided in clause
(ii), a member of the Board described in paragraph
(3)(B)--
(I) shall be paid compensation out
of funds made available for the purposes
of this title at the daily equivalent of
the highest rate payable under section
5332 of title 5, United States Code, for
each day (including travel time) during
which the member is engaged in the
actual performance of duties as a member
of the Board; and
(II) while away from the member's
home or regular place of business on
necessary travel in the actual
performance of duties as a member of the
Board, shall be paid per diem, travel,
and transportation expenses in the same
manner as is provided under subchapter I
of chapter 57 of title 5, United States
Code.
(ii) Limitation.--A member of the Board may
not be paid compensation under clause (i)(II) for
more than 90 days in any calendar year.
SEC. 605. <<NOTE: 22 USC 7704.>> AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--Notwithstanding any other provision of law (other
than a provision of this title), the Board, acting through the Chief
Executive Officer, is authorized to provide assistance under this
section for each country that enters into a Millennium Challenge Compact
with the United States pursuant to section 609 to support policies and
programs that advance the progress of the country in achieving lasting
economic growth and poverty reduction and are in furtherance of the
purposes of this title.
(b) Form of Assistance.--Assistance under this section may be
provided in the form of grants, cooperative agreements, or contracts to
or with eligible entities described in subsection (c). Assistance under
this section may not be provided in the form of loans.
(c) Eligible Entities.--An eligible entity referred to in subsection
(b) is--
(1) the national government of the eligible country;
(2) regional or local governmental units of the country; or
(3) a nongovernmental organization or a private entity.
(d) Application.--The Chief Executive Officer, in consultation with
the Board and working with eligible countries selected by the Board for
negotiation of Compacts, should develop and recommend procedures for
considering solicited and unsolicited proposals in Compacts prior to an
approval of the Compacts by the Board.
(e) Limitations.--
(1) Prohibition on military assistance and training.--
Assistance under this section may not include military
assistance or military training for a country.
(2) Prohibition on assistance relating to united states job
loss or production displacement.--Assistance under
[[Page 118 STAT. 215]]
this section may not be provided for any project that is likely
to cause a substantial loss of United States jobs or a
substantial displacement of United States production.
(3) Prohibition on assistance relating to environmental,
health, or safety hazards.--Assistance under this section may
not be provided for any project that is likely to cause a
significant environmental, health, or safety hazard.
(4) <<NOTE: Applicability.>> Prohibition on use of funds for
abortions and involuntary sterilizations.--The prohibitions on
use of funds contained in paragraphs (1) through (3) of section
104(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(f)(1)-(3)) shall apply to funds made available to carry
out this section to the same extent and in the same manner as
such prohibitions apply to funds made available to carry out
part I of such Act. The prohibition on use of funds contained in
any provision of law comparable to the eleventh and fourteenth
provisos under the heading ``Child Survival and Health Programs
Fund'' of division E of Public Law 108-7 (117 Stat. 162) shall
apply to funds made available to carry out this section for
fiscal year 2004.
(f) Coordination.--The provision of assistance under this section
shall be coordinated with other United States foreign assistance
programs.
SEC. 606. <<NOTE: 22 USC 7705.>> CANDIDATE COUNTRIES.
(a) Low Income Countries.--
(1) Fiscal year 2004.--A country shall be a candidate
country for purposes of eligibility for assistance for fiscal
year 2004 if--
(A) the country is eligible for assistance from the
International Development Association, and the per
capita income of the country is equal to or less than
the historical ceiling of the International Development
Association for that year, as defined by the
International Bank for Reconstruction and Development;
and
(B) subject to paragraph (3), the country is not
ineligible to receive United States economic assistance
under part I of the Foreign Assistance Act of 1961 by
reason of the application of any provision of the
Foreign Assistance Act of 1961 or any other provision of
law.
(2) Fiscal year 2005 and subsequent fiscal years.--A country
shall be a candidate country for purposes of eligibility for
assistance for fiscal year 2005 or a subsequent fiscal year if--
(A) the per capita income of the country is equal to
or less than the historical ceiling of the International
Development Association for the fiscal year involved, as
defined by the International Bank for Reconstruction and
Development; and
(B) the country meets the requirements of paragraph
(1)(B).
(3) Rule of construction.--For the purposes of determining
whether a country is eligible for receiving assistance under
section 605 pursuant to paragraph (1)(B), the exercise by the
President, the Secretary of State, or any other officer or
employee of the United States of any waiver or suspension of any
provision of law referred to in such paragraph, and
[[Page 118 STAT. 216]]
notification to the appropriate congressional committees in
accordance with such provision of law, shall be construed as
satisfying the requirement of such paragraph.
(b) Lower Middle Income Countries.--
(1) In general.--In addition to countries described in
subsection (a), a country shall be a candidate country for
purposes of eligibility for assistance for fiscal year 2006 or a
subsequent fiscal year if the country--
(A) is classified as a lower middle income country
in the then most recent edition of the World Development
Report for Reconstruction and Development published by
the International Bank for Reconstruction and
Development and has an income greater than the
historical ceiling for International Development
Association eligibility for the fiscal year involved;
and
(B) meets the requirements of subsection (a)(1)(B).
(2) Limitation.--The total amount of assistance provided to
countries described in paragraph (1) for fiscal year 2006 or any
subsequent fiscal year may not exceed 25 percent of the total
amount of assistance provided to all countries under section 605
for fiscal year 2006 or the subsequent fiscal year, as the case
may be.
(c) Identification by the Board.--The Board shall identify whether a
country is a candidate country for purposes of this section.
SEC. 607. <<NOTE: 22 USC 7706.>> ELIGIBLE COUNTRIES.
(a) Determination by the Board.--The Board shall determine whether a
candidate country is an eligible country for purposes of this section.
Such determination shall be based, to the maximum extent possible, upon
objective and quantifiable indicators of a country's demonstrated
commitment to the criteria in subsection (b), and shall, where
appropriate, take into account and assess the role of women and girls.
(b) Criteria.--A candidate country should be considered to be an
eligible country for purposes of this section if the Board determines
that the country has demonstrated a commitment to--
(1) just and democratic governance, including a demonstrated
commitment to--
(A) promote political pluralism, equality, and the
rule of law;
(B) respect human and civil rights, including the
rights of people with disabilities;
(C) protect private property rights;
(D) encourage transparency and accountability of
government; and
(E) combat corruption;
(2) economic freedom, including a demonstrated commitment to
economic policies that--
(A) encourage citizens and firms to participate in
global trade and international capital markets;
(B) promote private sector growth and the
sustainable management of natural resources;
(C) strengthen market forces in the economy; and
(D) respect worker rights, including the right to
form labor unions; and
[[Page 118 STAT. 217]]
(3) investments in the people of such country, particularly
women and children, including programs that--
(A) promote broad-based primary education; and
(B) strengthen and build capacity to provide quality
public health and reduce child mortality.
(c) Selection by the Board.--
(1) In general.--At the time the Board determines eligible
countries under this section for a fiscal year, the Board shall
select those eligible countries with respect to which the United
States will initially seek to enter into a Millennium Challenge
Compact pursuant to section 609.
(2) Factors.--In selecting eligible countries under
paragraph (1), the Board shall consider the following factors:
(A) The extent to which the country clearly meets or
exceeds the eligibility criteria.
(B) The opportunity to reduce poverty and generate
economic growth in the country.
(C) The availability of amounts to carry out this
title.
(d) Establishment of Criteria and Methodology.--The criteria and
methodology submitted by the Board to Congress and published in the
Federal Register under section 608(b)(2) with respect to a fiscal year
shall remain fixed for purposes of eligibility determinations for such
year.
(e) Annual Modification of Criteria and Methodology.--As
appropriate, the Board, acting through the Chief Executive Officer,
shall review the eligibility criteria and methodology and modify such
criteria and methodology in subsequent years consistent with section
608(b).
SEC. 608. <<NOTE: 22 USC 7707.>> CONGRESSIONAL AND PUBLIC NOTIFICATION
OF CANDIDATE COUNTRIES, ELIGIBILITY CRITERIA, AND ELIGIBLE
COUNTRIES.
(a) <<NOTE: Deadline.>> Identification of Candidate Countries.--Not
later than 90 days prior to the date on which the Board determines
eligible countries under section 607 for a fiscal year, the Chief
Executive Officer--
(1) <<NOTE: Reports.>> shall prepare and submit to the
appropriate congressional committees a report that contains a
list of all candidate countries identified under section 606,
and all countries that would be candidate countries if the
countries met the requirement contained in section 606(a)(1)(B),
for the fiscal year; and
(2) <<NOTE: Federal Register, publication.>> shall publish
in the Federal Register the information contained in the report
described in paragraph (1).
(b) <<NOTE: Deadline.>> Identification of Eligibility Criteria and
Methodology.--Not later than 60 days prior to the date on which the
Board determines eligible countries under section 607 for a fiscal year,
the Chief Executive Officer--
(1) <<NOTE: Reports.>> shall prepare and submit to the
appropriate congressional committees a report that contains a
list of the criteria and methodology described in subsections
(a) and (b) of section 607 that will be used to determine
eligibility for each candidate country identified under
subsection (a);
(2) <<NOTE: Federal Register, publication.>> shall publish
in the Federal Register the information contained in the report
described in paragraph (1); and
(3) may conduct one or more public hearings on the
eligibility criteria and methodology.
(c) Public Comment and Congressional Consultation.--
[[Page 118 STAT. 218]]
(1) Public comment.--The Chief Executive Officer shall, for
the 30-day period beginning on the date of publication in the
Federal Register of the information contained in the report
described in subsection (b)(1), accept public comment and
consider such comment for purposes of determining eligible
countries under section 607.
(2) Congressional consultation.--The Chief Executive Officer
shall consult with the appropriate congressional committees on
the extent to which the candidate countries meet the criteria
described in section 607(b).
(d) <<NOTE: Deadline.>> Identification of Eligible Countries.--Not
later than 5 days after the date on which the Board determines eligible
countries under section 607 for a fiscal year, the Chief Executive
Officer--
(1) <<NOTE: Reports.>> shall prepare and submit to the
appropriate congressional committees a report that contains a
list of all such eligible countries, an identification of those
countries on such list with respect to which the Board will seek
to enter into a Compact under section 609, and a justification
for such eligibility determination and selection for Compact
negotiation; and
(2) <<NOTE: Federal Register, publication.>> shall publish
in the Federal Register the information contained in the report
described in paragraph (1).
SEC. 609. <<NOTE: 22 USC 7708.>> MILLENNIUM CHALLENGE COMPACT.
(a) Compact.--The Board, acting through the Chief Executive Officer
of the Corporation, may provide assistance for an eligible country only
if the country enters into an agreement with the United States, to be
known as a ``Millennium Challenge Compact'', that establishes a multi-
year plan for achieving shared development objectives in furtherance of
the purposes of this title.
(b) Elements.--
(1) In general.--The Compact should take into account the
national development strategy of the eligible country and shall
contain--
(A) the specific objectives that the country and the
United States expect to achieve during the term of the
Compact;
(B) the responsibilities of the country and the
United States in the achievement of such objectives;
(C) regular benchmarks to measure, where
appropriate, progress toward achieving such objectives;
(D) an identification of the intended beneficiaries,
disaggregated by income level, gender, and age, to the
maximum extent practicable;
(E) a multi-year financial plan, including the
estimated amount of contributions by the Corporation and
the country and proposed mechanisms to implement the
plan and provide oversight, that describes how the
requirements of subparagraphs (A) through (D) will be
met, including identifying the role of civil society in
the achievement of such requirements;
(F) where appropriate, a description of the current
and potential participation of other donors in the
achievement of such objectives;
(G) a plan to ensure appropriate fiscal
accountability for the use of assistance provided under
section 605;
[[Page 118 STAT. 219]]
(H) where appropriate, a process or processes for
consideration of solicited proposals under the Compact
as well as a process for consideration of unsolicited
proposals by the Corporation and national, regional, or
local units of government;
(I) a requirement that open, fair, and competitive
procedures are used in a transparent manner in the
administration of grants or cooperative agreements or
the procurement of goods and services for the
accomplishment of objectives under the Compact;
(J) the strategy of the eligible country to sustain
progress made toward achieving such objectives after
expiration of the Compact; and
(K) a description of the role of the United States
Agency for International Development in any design,
implementation, and monitoring of programs and
activities funded under the Compact.
(2) Lower middle income countries.--In addition to the
elements described in subparagraphs (A) through (K) of paragraph
(1), with respect to a lower middle income country described in
section 606(b), the Compact shall identify a contribution, as
appropriate, from the country relative to its national budget,
taking into account the prevailing economic conditions, toward
meeting the objectives of the Compact. Any such contribution
should be in addition to government spending allocated for such
purposes in the country's budget for the year immediately
preceding the establishment of the Compact and should continue
for the duration of the Compact.
(3) Definition.--In this subsection, the term ``national
development strategy'' means any strategy to achieve market-
driven economic growth and eliminate extreme poverty that has
been developed by the government of the country in consultation
with a wide variety of civic participation, including
nongovernmental organizations, private and voluntary
organizations, academia, women's and student organizations,
local trade and labor unions, and the business community.
(c) Additional Provision Relating to Prohibition on Taxation.--In
addition to the elements described in subsection (c), each Compact shall
contain a provision that states that assistance provided by the United
States under the Compact shall be exempt from taxation by the government
of the eligible country.
(d) Local Input.--In entering into a Compact, the United States
shall seek to ensure that the government of an eligible country--
(1) takes into account the local-level perspectives of the
rural and urban poor, including women, in the eligible country;
and
(2) consults with private and voluntary organizations, the
business community, and other donors in the eligible country.
(e) Consultation.--During any discussions with a country for the
purpose of entering into a Compact with the country, officials of the
Corporation participating in such discussions shall, at a minimum,
consult with appropriate officials of the United States Agency for
International Development, particularly with those officials responsible
for the appropriate region or country on development issues related to
the Compact.
[[Page 118 STAT. 220]]
(f) Coordination With Other Donors.--To the maximum extent feasible,
activities undertaken to achieve the objectives of the Compact shall be
undertaken in coordination with the assistance activities of other
donors.
(g) Assistance for Development of Compact.--Notwithstanding
subsection (a), the Chief Executive Officer may enter into contracts or
make grants for any eligible country for the purpose of facilitating the
development and implementation of the Compact between the United States
and the country.
(h) Requirement for Approval by the Board.--Each Compact shall be
approved by the Board before the United States enters into the Compact.
(i) <<NOTE: Deadline.>> Increase or Extension of Assistance Under a
Compact.--Not later than 15 days after making a determination to
increase or extend assistance under a Compact with an eligible country,
the Board, acting through the Chief Executive Officer--
(1) <<NOTE: Reports.>> shall prepare and transmit to the
appropriate congressional committees a written report and
justification that contains a detailed summary of the proposed
increase in or extension of assistance under the Compact and a
copy of the full text of the amendment to the Compact; and
(2) <<NOTE: Federal Register, publication.>> shall publish a
detailed summary, full text, and justification of the proposed
increase in or extension of assistance under the Compact in the
Federal Register and on the Internet website of the Corporation.
(j) Duration of Compact.--The duration of a Compact shall not exceed
5 years.
(k) Subsequent Compacts.--An eligible country and the United States
may enter into and have in effect only one Compact at any given time
under this section. An eligible country and the United States may enter
into one or more subsequent Compacts in accordance with the requirements
of this title after the expiration of the existing Compact.
SEC. 610. <<NOTE: Deadlines. 22 USC 7709.>> CONGRESSIONAL AND PUBLIC
NOTIFICATION OF COMPACT.
(a) Congressional Consultation Prior to Compact Negotiations.--Not
later than 15 days prior to the start of negotiations of a Compact with
an eligible country, the Board, acting through the Chief Executive
Officer--
(1) shall consult with the appropriate congressional
committees with respect to the proposed Compact negotiation; and
(2) shall identify the objectives and mechanisms to be used
for the negotiation of the Compact.
(b) Congressional and Public Notification After Entering Into a
Compact.--Not later than 10 days after entering into a Compact with an
eligible country, the Board, acting through the Chief Executive
Officer--
(1) <<NOTE: Notification.>> shall provide notification of
the Compact to the appropriate congressional committees,
including a detailed summary of the Compact and a copy of the
text of the Compact; and
(2) <<NOTE: Federal Register, publication.>> shall publish
such detailed summary and the text of the Compact in the Federal
Register and on the Internet website of the Corporation.
SEC. 611. <<NOTE: 22 USC 7710.>> SUSPENSION AND TERMINATION OF
ASSISTANCE.
(a) Suspension and Termination of Assistance.--After consultation
with the Board, the Chief Executive Officer may suspend
[[Page 118 STAT. 221]]
or terminate assistance in whole or in part for a country or entity
under section 605 if the Chief Executive Officer determines that--
(1) the country or entity is engaged in activities which are
contrary to the national security interests of the United
States;
(2) the country or entity has engaged in a pattern of
actions inconsistent with the criteria used to determine the
eligibility of the country or entity, as the case may be; or
(3) the country or entity has failed to adhere to its
responsibilities under the Compact.
(b) Reinstatement.--The Chief Executive Officer may reinstate
assistance for a country or entity under section 605 only if the Chief
Executive Officer determines that the country or entity has demonstrated
a commitment to correcting each condition for which assistance was
suspended or terminated under subsection (a).
(c) Congressional Notification.--
Not <<NOTE: Deadline. Reports.>> later than 3 days after the date on
which the Chief Executive Officer suspends or terminates assistance
under subsection (a) for a country or entity, or reinstates assistance
under subsection (b) for a country or entity, the Chief Executive
Officer shall submit to the appropriate congressional committees a
report that contains the determination of the Chief Executive Officer
under subsection (a) or subsection (b), as the case may be.
(d) Rule of Construction.--The authority to suspend or terminate
assistance under this section includes the authority to suspend or
terminate obligations and sub-obligations.
SEC. 612. <<NOTE: 22 USC 7711.>> DISCLOSURE.
(a) Requirement for Disclosure.--The <<NOTE: Public
information.>> Corporation shall make available to the public on at
least a quarterly basis, the following information:
(1) For assistance provided under section 605--
(A) the name of each entity to which assistance is
provided;
(B) the amount of assistance provided to the entity;
and
(C) a description of the program or project,
including--
(i) a description of whether the program or
project was solicited or unsolicited; and
(ii) a detailed description of the objectives
and measures for results of the program or
project.
(2) For funds allocated or transferred under section
619(b)--
(A) the name of each United States Government agency
to which such funds are transferred or allocated;
(B) the amount of funds transferred or allocated to
such agency; and
(C) a description of the program or project to be
carried out by such agency with such funds.
(b) Dissemination.--The <<NOTE: Federal Register,
publication.>> information required to be disclosed under subsection (a)
shall be made available to the public by means of publication in the
Federal Register and on the Internet website of the Corporation, as well
as by any other methods that the Board determines appropriate.
SEC. 613. <<NOTE: 22 USC 7712.>> ANNUAL REPORT.
(a) Report.--Not <<NOTE: Deadline.>> later than March 31, 2005, and
each March 31 thereafter, the President shall submit to Congress a
report
[[Page 118 STAT. 222]]
on the assistance provided under section 605 during the prior fiscal
year.
(b) Contents.--The report shall include the following:
(1) The amount of obligations and expenditures for
assistance provided to each eligible country during the prior
fiscal year.
(2) For each eligible country, an assessment of--
(A) the progress made during each year by the
country toward achieving the objectives set out in the
Compact entered into by the country; and
(B) the extent to which assistance provided under
section 605 has been effective in helping the country to
achieve such objectives.
(3) A description of the coordination of assistance provided
under section 605 with other United States foreign assistance
and related trade policies.
(4) A description of the coordination of assistance provided
under section 605 with assistance provided by other donor
countries.
(5) Any other information the President considers relevant
with respect to assistance provided under section 605.
SEC. 614. <<NOTE: 22 USC 7713.>> POWERS OF THE CORPORATION; RELATED
PROVISIONS.
(a) Powers.--The Corporation--
(1) shall have perpetual succession unless dissolved by a
law enacted after the date of the enactment of this Act;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may make and perform such contracts, grants, and other
agreements with any person or government however designated and
wherever situated, as may be necessary for carrying out the
functions of the Corporation;
(4) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and paid,
including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve, and
use such real property wherever situated, as may be necessary
for carrying out the functions of the Corporation;
(6) may accept cash gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible, for
the purpose of carrying out the provisions of this title;
(7) may use the United States mails in the same manner and
on the same conditions as the executive departments;
(8) may contract with individuals for personal services, who
shall not be considered Federal employees for any provision of
law administered by the Office of Personnel Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary and
incident to carrying out this title.
(b) Principal Office.--The Corporation shall maintain its principal
office in the metropolitan area of Washington, District of Columbia.
(c) Positions With Foreign Governments.--When approved by the Chief
Executive Officer, for purposes of implementing a Compact, employees of
the Corporation (including individuals detailed to the Corporation) may
accept and hold offices or positions
[[Page 118 STAT. 223]]
to which no compensation is attached with governments or governmental
agencies of foreign countries or with international organizations.
(d) Other Authorities.--Except <<NOTE: Applicability.>> to the
extent inconsistent with the provisions of this title, the
administrative authorities contained in the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to the
implementation of this title to the same extent and in the same manner
as such authorities apply to the implementation of those Acts.
(e) Applicability of Government Corporation Control Act.--
(1) In general.--The Corporation shall be subject to chapter
91 of subtitle VI of title 31, United States Code, except that
the Corporation shall not be authorized to issue obligations or
offer obligations to the public.
(2) Conforming amendment.--Section 9101(3) of title 31,
United States Code, is amended by adding at the end the
following:
``(Q) the Millennium Challenge Corporation.''.
(f) Inspector General.--
(1) In general.--The Inspector General of the United States
Agency for International Development shall serve as Inspector
General of the Corporation, and, in acting in such capacity, may
conduct reviews, investigations, and inspections of all aspects
of the operations and activities of the Corporation.
(2) Authority of the board.--In carrying out the
responsibilities under this subsection, the Inspector General
shall report to and be under the general supervision of the
Board.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Corporation shall reimburse
the United States Agency for International Development
for all expenses incurred by the Inspector General in
connection with the Inspector General's responsibilities
under this subsection.
(B) Authorization for services.--Of the amount
authorized to be appropriated under section 619(a) for a
fiscal year, up to $5,000,000 is authorized to be made
available to the Inspector General of the United States
Agency for International Development to conduct reviews,
investigations, and inspections of operations and
activities of the Corporation.
(g) Special Assistance.--
(1) In general.--The Chief Executive Officer is authorized
to contract with any nongovernmental organization (including a
university, independent foundation, or other organization) in
the United States or in a candidate country, and, where
appropriate, directly with a governmental agency of any such
country, that is undertaking research aimed at improving data
related to eligibility criteria under this title with respect to
the country.
(2) Funding.--Of the amount authorized to be appropriated
under section 619(a) for a fiscal year, up to $5,000,000 is
authorized to be made available to carry out paragraph (1).
[[Page 118 STAT. 224]]
SEC. 615. <<NOTE: 22 USC 7714.>> COORDINATION WITH UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT.
(a) Requirement for Coordination.--The Chief Executive Officer shall
consult with the Administrator of the United States Agency for
International Development in order to coordinate the activities of the
Corporation with the activities of the Agency.
(b) USAID Programs.--The Administrator of the United States Agency
for International Development shall seek to ensure that appropriate
programs of the Agency play a primary role in preparing candidate
countries to become eligible countries.
SEC. 616. <<NOTE: 22 USC 7715.>> ASSISTANCE TO CERTAIN CANDIDATE
COUNTRIES.
(a) Authorization.--The Board, acting through the Chief Executive
Officer, is authorized to provide assistance to a candidate country
described in subsection (b) for the purpose of assisting such country to
become an eligible country.
(b) Candidate Country Described.--A candidate country referred to in
subsection (a) is a candidate country that--
(1) satisfies the requirements contained in subparagraphs
(A) and (B) of section 606(a)(1); and
(2) demonstrates a significant commitment to meet the
requirements of section 607(b) but fails to meet such
requirements (including by reason of the absence or
unreliability of data).
(c) Administration.--Assistance under this section may be provided
through the United States Agency for International Development.
(d) Funding.--Not more than 10 percent of the amount appropriated
pursuant to the authorization of appropriations under section 619(a) for
fiscal year 2004 is authorized to be made available to carry out this
section.
SEC. 617. <<NOTE: 22 USC 7716.>> GENERAL PERSONNEL AUTHORITIES.
(a) Detail of Personnel.--Upon request of the Chief Executive
Officer, the head of an agency may detail any employee of such agency to
the Corporation on a reimbursable basis. Any employee so detailed
remains, for the purpose of preserving such employee's allowances,
privileges, rights, seniority, and other benefits, an employee of the
agency from which detailed.
(b) Reemployment Rights.--
(1) In general.--An employee of an agency who is serving
under a career or career conditional appointment (or the
equivalent), and who, with the consent of the head of such
agency, transfers to the Corporation, is entitled to be
reemployed in such employee's former position or a position of
like seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Corporation for any
reason, other than misconduct, neglect of duty, or
malfeasance; and
(B) <<NOTE: Deadline.>> applies for reemployment not
later than 90 days after the date of separation from the
Corporation.
(2) Specific rights.--An employee who satisfies paragraph
(1) is entitled to be reemployed (in accordance with such
paragraph) within 30 days after applying for reemployment and,
on reemployment, is entitled to at least the rate of basic pay
to which such employee would have been entitled had such
employee never transferred.
[[Page 118 STAT. 225]]
(c) Hiring Authority.--Of persons employed by the Corporation, not
to exceed 30 persons may be appointed, compensated, or removed without
regard to the civil service laws and regulations.
(d) Basic Pay.--The Chief Executive Officer may fix the rate of
basic pay of employees of the Corporation without regard to the
provisions of chapter 51 of title 5, United States Code (relating to the
classification of positions), subchapter III of chapter 53 of such title
(relating to General Schedule pay rates), except that no employee of the
Corporation may receive a rate of basic pay that exceeds the rate for
level II of the Executive Schedule under section 5313 of such title.
(e) Definitions.--In this section--
(1) the term ``agency'' means an executive agency, as
defined by section 105 of title 5, United States Code; and
(2) the term ``detail'' means the assignment or loan of an
employee, without a change of position, from the agency by which
such employee is employed to the Corporation.
SEC. 618. <<NOTE: 22 USC 7717.>> 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. <<NOTE: 22 USC 7718.>> 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.
[[Page 118 STAT. 226]]
(2) Notification.--The <<NOTE: Deadline.>> Corporation shall
notify the appropriate congressional committees not less than 15
days prior to an allocation or transfer of funds pursuant to
paragraph (1).
This division may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004''.
DIVISION E--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
2004.>> 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 <<NOTE: Department of Labor Appropriations Act,
2004.>> OF LABOR
Employment and Training Administration
For necessary expenses of the Workforce Investment Act of 1998,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Workforce Investment Act of 1998; $2,697,654,000 plus
reimbursements, of which $1,666,473,000 is available for obligation for
the period July 1, 2004 through June 30, 2005; except that amounts
determined by the Secretary of Labor to be necessary pursuant to
sections 173(a)(4)(A) and 174(c) of such Act shall be available from
October 1, 2003 until expended; of which $1,000,965,000 is available for
obligation for the period April 1, 2004 through June 30, 2005, to carry
out chapter 4 of the Workforce Investment Act of 1998; and of which
$30,216,000 is available for the period July 1, 2004 through June 30,
2007 for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers: Provided, That notwithstanding any
other provision of law, of the funds provided herein under section
137(c) of the Workforce Investment Act of 1998, $276,608,000 shall be
for activities described in section 132(a)(2)(A) of such Act and
$1,180,152,000 shall be for activities described in section 132(a)(2)(B)
of such Act: Provided further, That funds provided to carry out section
132(a)(2)(A) of the Workforce Investment Act may be used to provide
assistance to a State for state-wide or local use in order to address
cases where there have been worker dislocations across multiple sectors
or across multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with
[[Page 118 STAT. 227]]
emerging economic development needs; and train such eligible dislocated
workers: Provided further, That $9,039,000 shall be for carrying out
section 172 of the Workforce Investment Act of 1998: Provided further,
That, notwithstanding any other provision of law or related regulation,
$77,330,000 shall be for carrying out section 167 of the Workforce
Investment Act of 1998, including $72,213,000 for formula grants,
$4,610,000 for migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $507,000 for other
discretionary purposes: Provided further, That notwithstanding the
transfer limitation under section 133(b)(4) of such Act, up to 30
percent of such funds may be transferred by a local board if approved by
the Governor: Provided further, That funds provided to carry out section
171(d) of the Workforce Investment Act of 1998 may be used for
demonstration projects that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That funding provided
to carry out projects under section 171 of the Workforce Investment Act
of 1998 that are identified in the Conference Agreement, shall not be
subject to the requirements of section 171(b)(2)(B) of such Act, the
requirements of section 171(c)(4)(D) of such Act, the joint funding
requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such Act, or
any time limit requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of
such Act: Provided further, That no funds from any other appropriation
shall be used to provide meal services at or for Job Corps centers.
For necessary expenses of the Workforce Investment Act of 1998,
including the purchase and hire of passenger motor vehicles, the
construction, alteration, and repair of buildings and other facilities,
and the purchase of real property for training centers as authorized by
the Workforce Investment Act of 1998; $2,463,000,000 plus
reimbursements, of which $2,363,000,000 is available for obligation for
the period October 1, 2004 through June 30, 2005, and of which
$100,000,000 is available for the period October 1, 2004 through June
30, 2007, for necessary expenses of construction, rehabilitation, and
acquisition of Job Corps centers.
To carry out title V of the Older Americans Act of 1965, as amended,
$441,253,000.
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I and section 246; and for
training, allowances for job search and relocation, and related State
administrative expenses under part II of chapter 2, title II of the
Trade Act of 1974 (including the benefits and services described under
sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment Assistance
Reform Act of 2002, Public Law 107-210), $1,338,200,000, together with
such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.
[[Page 118 STAT. 228]]
For authorized administrative expenses, $142,520,000, together with
not to exceed $3,466,861,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980), which may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund including the cost of
administering section 51 of the Internal Revenue Code of 1986, as
amended, section 7(d) of the Wagner-Peyser Act, as amended, the Trade
Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the sums
available in the allocation for activities authorized by title III of
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
available in the allocation for necessary administrative expenses for
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by
the States through December 31, 2004, except that funds used for
automation acquisitions shall be available for obligation by the States
through September 30, 2006; of which $142,520,000, together with not to
exceed $768,257,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 2004
through June 30, 2005, to fund activities under the Act of June 6, 1933,
as amended, including the cost of penalty mail authorized under 39
U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments for
such purpose: Provided, That to the extent that the Average Weekly
Insured Unemployment (AWIU) for fiscal year 2004 is projected by the
Department of Labor to exceed 3,227,000, an additional $28,600,000 shall
be available for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than 100,000) from
the Employment Security Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or which are
used to support the national activities of the Federal-State
unemployment insurance or immigration programs, may be obligated in
contracts, grants or agreements with non-State entities: Provided
further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of the
Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2005, $467,000,000.
[[Page 118 STAT. 229]]
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2004, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
For expenses of administering employment and training programs,
$115,824,000, including $2,393,000 to administer welfare-to-work grants,
together with not to exceed $57,820,000, which may be expended from the
Employment Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
For necessary expenses for the Employee Benefits Security
Administration, $124,962,000.
Pension Benefit Guaranty Corporation
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program, including associated administrative expenses, through September
30, 2004 for such Corporation: Provided, That none of the funds
available to the Corporation for fiscal year 2004 shall be available for
obligations for administrative expenses in excess of $228,772,000:
Provided further, That obligations in excess of such amount may be
incurred after approval by the Office of Management and Budget and the
Committees on Appropriations of the House and Senate.
Employment Standards Administration
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $392,872,000, together with
$2,036,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That $1,250,000 shall be for the
development of an alternative system for the electronic submission of
reports required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that is indexed and
easily searchable by the public via the Internet: Provided further, That
the Secretary of Labor is authorized to accept, retain, and spend, until
expended, in the name of the Department of Labor, all sums of money
ordered to be paid to
[[Page 118 STAT. 230]]
the Secretary of Labor, in accordance with the terms of the Consent
Judgment in Civil Action No. 91-0027 of the United States District Court
for the District of the Northern Mariana Islands (May 21, 1992):
Provided further, That the Secretary of Labor is authorized to establish
and, in accordance with 31 U.S.C. 3302, collect and deposit in the
Treasury fees for processing applications and issuing certificates under
sections 11(d) and 14 of the Fair Labor Standards Act of 1938, as
amended (29 U.S.C. 211(d) and 214) and for processing applications and
issuing registrations under title I of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by title 5, chapter 81 of the United States Code;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; sections
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and
50 percent of the additional compensation and benefits required by
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as
amended, $163,000,000, together with such amounts as may be necessary to
be charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the Secretary of
Labor to reimburse an employer, who is not the employer at the time of
injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 2003, shall remain available until expended
for the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United States
Code, to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration
for employees of such fair share entities through September 30, 2004:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $39,315,000 shall be made available to the
Secretary as follows: (1) for enhancement and maintenance of automated
data processing systems and telecommunications systems, $11,618,000; (2)
for automated workload processing operations, including document
imaging, centralized mail intake and medical bill processing,
$14,496,000; (3) for periodic roll management and medical review,
$13,201,000; and (4) the remaining funds shall be paid into the Treasury
as miscellaneous receipts: Provided further, That the Secretary may
require that any person filing a notice of injury or a claim for
benefits under chapter 81 of title 5, United States Code, or 33 U.S.C.
901 et seq., provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
[[Page 118 STAT. 231]]
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, (the ``Act''), $300,000,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Act, for costs incurred in
the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2005, $88,000,000, to remain available until expended.
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $55,074,000, to remain available
until expended: Provided, That the Secretary of Labor is authorized to
transfer to any executive agency with authority under the Energy
Employees Occupational Illness Compensation Act, including within the
Department of Labor, such sums as may be necessary in fiscal year 2004
to carry out those authorities: Provided further, That the Secretary may
require that any person filing a claim for benefits under the Act
provide as part of such claim, such identifying information (including
Social Security account number) as may be prescribed.
Beginning <<NOTE: 26 USC 9501 note.>> in fiscal year 2004 and
thereafter, such sums as may be necessary from the Black Lung Disability
Trust Fund, to remain available until expended, for payment of all
benefits authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954, as amended; and interest on advances, as
authorized by section 9501(c)(2) of that Act. In addition, the following
amounts shall be available from the Fund for fiscal year 2004 for
expenses of operation and administration of the Black Lung Benefits
program, as authorized by section 9501(d)(5): $32,004,000 for transfer
to the Employment Standards Administration, ``Salaries and Expenses'';
$23,401,000 for transfer to Departmental Management, ``Salaries and
Expenses''; $338,000 for transfer to Departmental Management, ``Office
of Inspector General''; and $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
For necessary expenses for the Occupational Safety and Health
Administration, $460,786,000, including not to exceed $92,505,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (the ``Act''), which
grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section
[[Page 118 STAT. 232]]
18 of the Act; <<NOTE: 29 USC 670 note.>> and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health
Administration may retain up to $750,000 per fiscal year of training
institute course tuition fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety and health
training and education grants: Provided, That, notwithstanding 31 U.S.C.
3302, the Secretary of Labor is authorized, during the fiscal year
ending September 30, 2004, to collect and retain fees for services
provided to Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition programs
that ensure the safety of equipment and products used by workers in the
workplace: Provided further, That none of the funds appropriated under
this paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having an occupational injury lost workday case rate, at the most
precise Standard Industrial Classification Code for which such data are
published, less than the national average rate as such rates are most
recently published by the Secretary, acting through the Bureau of Labor
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673),
except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That not less than $3,200,000 shall be used to extend funding
for the Institutional Competency Building training grants which
commenced in September 2000, for program activities for the period of
September 30, 2003 to September 30, 2004, provided that a grantee has
demonstrated satisfactory performance.
[[Page 118 STAT. 233]]
Mine Safety and Health Administration
For necessary expenses for the Mine Safety and Health
Administration, $270,826,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including $100,000 for
an award to the Stolar Research Corporation to further develop and
demonstrate electromagnetic wave detection technology, and other
purposes, in Allegheny County, Pennsylvania; including $1,000,000 for an
award to the National Technology Transfer Center for a coal slurry
impoundment pilot project in southern West Virginia; including up to
$2,000,000 for mine rescue and recovery activities; in addition, not to
exceed $750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; and, in addition, the Mine Safety and Health Administration
may retain up to $1,000,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, <<NOTE: 30 USC
962.>> and other contributions from public and private sources and to
prosecute projects in cooperation with other agencies, Federal, State,
or private; the Mine Safety and Health Administration is authorized to
promote health and safety education and training in the mining community
through cooperative programs with States, industry, and safety
associations; and any funds available to the department may be used,
with the approval of the Secretary, to provide for the costs of mine
rescue and survival operations in the event of a major disaster.
Bureau of Labor Statistics
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $447,088,000, together with not
to exceed $75,110,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund, of which
$5,000,000 may be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).
Office of Disability Employment Policy
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $47,333,000.
[[Page 118 STAT. 234]]
Departmental Management
For necessary expenses for Departmental Management, including the
hire of three sedans, and including the management or operation, through
contracts, grants or other arrangements of Departmental activities
conducted by or through the Bureau of International Labor Affairs,
including bilateral and multilateral technical assistance and other
international labor activities, $48,565,000, for the acquisition of
Departmental information technology, architecture, infrastructure,
equipment, software and related needs which will be allocated by the
Department's Chief Information Officer in accordance with the
Department's capital investment management process to assure a sound
investment strategy; $352,514,000; together with not to exceed $316,000,
which may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund: Provided, <<NOTE: 33 USC 921
note. veterans employment and training>> That no funds made available by
this Act may be used by the Solicitor of Labor to participate in a
review in any United States court of appeals of any decision made by the
Benefits Review Board under section 21 of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 921) where such participation is
precluded by the decision of the United States Supreme Court in
Director, Office of Workers' Compensation Programs v. Newport News
Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any provisions to
the contrary contained in Rule 15 of the Federal Rules of Appellate
Procedure: Provided further, That no funds made available by this Act
may be used by the Secretary of Labor to review a decision under the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.)
that has been appealed and that has been pending before the Benefits
Review Board for more than 12 months: Provided further, That any such
decision pending a review by the Benefits Review Board for more than 1
year shall be considered affirmed by the Benefits Review Board on the 1-
year anniversary of the filing of the appeal, and shall be considered
the final order of the Board for purposes of obtaining a review in the
United States courts of appeals: Provided further, That these provisions
shall not be applicable to the review or appeal of any decision issued
under the Black Lung Benefits Act (30 U.S.C. 901 et seq.): Provided
further, That of the funds provided under this heading, $150,000 shall
be for a grant to the International Center on Child Labor and Education.
Not to exceed $193,443,000 may be derived from the Employment
Security Administration Account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2004, of which $2,000,000 is for the
National Veterans' Employment and Training Services Institute. To carry
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and
the Veterans Workforce Investment Programs (29 U.S.C. 2913), $26,550,000
of which $7,550,000 shall be available for obligation for the period
July 1, 2004 through June 30, 2005.
[[Page 118 STAT. 235]]
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $60,094,000, together with not to exceed $5,730,000, which may
be expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
For the acquisition of a new core accounting system for the
Department of Labor, including hardware and software infrastructure and
the costs associated with implementation thereof, $13,850,000.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year for
the Department of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That
the <<NOTE: Notification.>> Appropriations Committees of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, whole or in
part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. There is authorized to be appropriated such sums as may be
necessary to the Denali Commission through the Department of Labor to
conduct job training of the local workforce where Denali Commission
projects will be constructed.
Sec. 105. Of the funds appropriated for fiscal year 1999 under
section 403(a)(5)(H)(i)(II) of the Social Security Act (42 U.S.C.
603(a)(5)(H)(i)(II)) that were allotted as welfare to work formula
grants to the States under section 403(a)(5)(A) of such Act (42 U.S.C.
603(a)(5)(A)), there is hereby rescinded any funds that are unexpended
by the States as of the date of enactment of this section, except for
such funds as the Secretary of Labor determines are necessary for States
to carry out administrative activities relating to the close out of such
grants. Notwithstanding section 403(a)(5) of the Social Security Act (42
U.S.C. 603(a)(5)), the Secretary of Labor may take such actions as the
Secretary determines are appropriate to facilitate the orderly and
equitable close out of such grants, consistent with the requirements of
this section.
Sec. 106. (a) Findings.--Congress finds that--
[[Page 118 STAT. 236]]
(1) it is projected that the Department of Labor, in
conjunction with labor, industry, and the National Institute for
Occupational Safety and Health, will be undertaking several
months of testing on Personal Dust Monitor production
prototypes; and
(2) the testing of Personal Dust Monitor prototypes is set
to begin (by late May or early June of 2004) following the
scheduled delivery of the Personal Dust Monitors in May 2004.
(b) Re-proposal of Rule.--Following the successful demonstration of
Personal Dust Monitor technology, and if the Secretary of Labor makes a
determination that Personal Dust Monitors can be effectively applied in
a regulatory scheme, the Secretary of Labor shall re-propose a rule on
respirable coal dust which incorporates the use of Personal Dust
Monitors, and, if such rule is re-proposed, the Secretary shall comply
with the regular procedures applicable to Federal rulemaking.
Sec. 107. <<NOTE: Ohio. Real property.>> The Secretary of Labor
shall transfer, without charge or consideration, to Hamilton County,
Ohio all rights, title, and interest (including all Federal equity) the
United States holds in the real property located at 1916 Central
Parkway, Cincinnati, Ohio to the extent such rights, title, or interest
were acquired through grants to the State of Ohio under title III of the
Social Security Act or the Wagner-Peyser Act or acquired through funds
distributed to the State of Ohio under section 903 of the Social
Security Act.
Sec. 108. Fair Labor Standards Act Woodworking Exemption. Section
13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is
amended by adding at the end the following:
``(7)(A)(i) Subject to subparagraph (B), in the administration and
enforcement of the child labor provisions of this Act, it shall not be
considered oppressive child labor for a new entrant into the workforce
to be employed inside or outside places of business where machinery is
used to process wood products.
``(ii) In this paragraph, the term `new entrant into the workforce'
means an individual who--
``(I) is under the age of 18 and at least the age of 14, and
``(II) by statute or judicial order is exempt from
compulsory school attendance beyond the eighth grade.
``(B) The employment of a new entrant into the workforce under
subparagraph (A) shall be permitted--
``(i) if the entrant is supervised by an adult relative of
the entrant or is supervised by an adult member of the same
religious sect or division as the entrant;
``(ii) if the entrant does not operate or assist in the
operation of power-driven woodworking machines;
``(iii) if the entrant is protected from wood particles or
other flying debris within the workplace by a barrier
appropriate to the potential hazard of such wood particles or
flying debris or by maintaining a sufficient distance from
machinery in operation; and
``(iv) if the entrant is required to use personal protective
equipment to prevent exposure to excessive levels of noise and
saw dust.''.
This title may be cited as the ``Department of Labor Appropriations
Act, 2004''.
[[Page 118 STAT. 237]]
TITLE II--DEPARTMENT <<NOTE: Department of Health and Human Services
Appropriations Act, 2004.>> OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V (including section 510), and
sections 1128E, 711 and 1820 of the Social Security Act, the Health Care
Quality Improvement Act of 1986, as amended, the Native Hawaiian Health
Care Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000,
and the Poison Control Center Enhancement and Awareness Act,
$6,698,437,000, of which $367,563,000 shall be available for
construction and renovation (including equipment) of health care and
other facilities, abstinence education and related services, and other
health-related activities as specified in the statement of the managers
on the conference report accompanying this Act, and of which $39,740,000
from general revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare rural
hospital flexibility grants program under section 1820 of such Act:
Provided, That of the funds made available under this heading, $250,000
shall be available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center: Provided further, That in
addition to fees authorized by section 427(b) of the Health Care Quality
Improvement Act of 1986, fees shall be collected for the full disclosure
of information under the Act sufficient to recover the full costs of
operating the National Practitioner Data Bank, and shall remain
available until expended to carry out that Act: Provided further, That
fees collected for the full disclosure of information under the ``Health
Care Fraud and Abuse Data Collection Program'', authorized by section
1128E(d)(2) of the Social Security Act, shall be sufficient to recover
the full costs of operating the program, and shall remain available
until expended to carry out that Act: Provided further, That $25,000,000
of the funding provided for community health centers shall be used for
base grant adjustments for existing centers: Provided further, That no
more than $4,850,000 is available for carrying out the provisions of
section 233(o) of title 42, United States Code, including associated
administrative expenses: Provided further, That no more than $45,000,000
is available for carrying out the provisions of Public Law 104-73:
Provided further, That $10,000,000 is available until expended to
establish a National Cord Blood Stem Cell Bank Program as described in
the statement of the managers on the conference report accompanying this
Act: Provided further, <<NOTE: Family planning.>> That of the funds made
available under this heading, $280,000,000 shall be for the program
under title X of the Public Health Service Act to provide for voluntary
family planning projects: Provided further, <<NOTE: Abortion.>> That
amounts provided to said projects under such title shall not be expended
for abortions, that all pregnancy counseling shall be nondirective, and
that such amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way tends to
promote public support or opposition to any legislative proposal or
candidate for public office: Provided further, That $753,317,000 shall
be for State AIDS Drug Assistance Programs authorized by section 2616 of
the Public
[[Page 118 STAT. 238]]
Health Service Act: Provided further, That in addition to amounts
provided herein, $25,000,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry out parts A,
B, C, and D of title XXVI of the Public Health Service Act to fund
section 2691 Special Projects of National Significance: Provided
further, That notwithstanding section 502(a)(1) of the Social Security
Act, not to exceed $121,130,000 is available for carrying out special
projects of regional and national significance pursuant to section
501(a)(2) <<NOTE: Grants. Abstinence. Health Education Assistance Loans
Program Account>> of such Act: Provided further, That $70,488,000 is
available for special projects of regional and national significance
under section 501(a)(2) of the Social Security Act, which shall not be
counted toward compliance with the allocation required in section
502(a)(1) of such Act, and which shall be used only for making
competitive grants to provide abstinence education (as defined in
section 510(b)(2) of such Act) to adolescents and for Federal costs of
administering the grants: Provided further, That grants under the
immediately preceding proviso shall be made only to public and private
entities which agree that, with respect to an adolescent to whom the
entities provide abstinence education under such grant, the entities
will not provide to that adolescent any other education regarding sexual
conduct, except that, in the case of an entity expressly required by law
to provide health information or services the adolescent shall not be
precluded from seeking health information or services from the entity in
a different setting than the setting in which the abstinence education
was provided: Provided further, That in addition to amounts provided
herein for abstinence education to adolescents, $4,500,000 shall be
available from amounts available under section 241 of the Public Health
Service Act to carry out evaluations (including longitudinal
evaluations) of adolescent pregnancy prevention approaches.
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act, as
amended. For administrative expenses to carry out the guaranteed loan
program, including section 709 of the Public Health Service Act,
$3,389,000.
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $3,222,000 shall be
available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203,
301, and 501 of the Federal Mine Safety and Health Act of 1977, sections
20, 21, and 22 of the Occupational Safety
[[Page 118 STAT. 239]]
and Health Act of 1970, title IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act of 1980;
including purchase and insurance of official motor vehicles in foreign
countries; and purchase, hire, maintenance, and operation of aircraft,
$4,545,472,000, of which $262,000,000 shall remain available until
expended for equipment, and construction and renovation of facilities,
and of which $293,569,000 for international HIV/AIDS shall remain
available until September 30, 2005, including $150,000,000, to remain
available until expended for the ``International Mother and Child HIV
Prevention Initiative''. In addition, such sums as may be derived from
authorized user fees, which shall be credited to this account: Provided,
That in addition to amounts provided herein, $14,000,000 shall be
available from amounts available under section 241 of the Public Health
Service Act to carry out the National Immunization Surveys: Provided
further, That in addition to amounts provided herein, $127,634,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out the National Center for Health
Statistics surveys: Provided further, That in addition to amounts
provided herein, $28,600,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry out
information systems standards development and architecture and
applications-based research used at local public health levels: Provided
further, That in addition to amounts provided herein, $41,900,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out Research Tools and Approaches activities
within the National Occupational Research Agenda: Provided further, That
none of the funds made available for injury prevention and control at
the Centers for Disease Control and Prevention may be used, in whole or
in part, to advocate or promote gun control: Provided further, That the
Director may redirect the total amount made available under authority of
Public Law 101-502, section 3, dated November 3, 1990, to activities the
Director <<NOTE: Notification.>> may so designate: Provided further,
That the Congress is to be notified promptly of any such transfer:
Provided further, That not to exceed $12,500,000 may be available for
making grants under section 1509 of the Public Health Service Act to not
more than 15 States: Provided further, That without regard to existing
statute, funds appropriated may be used to proceed, at the discretion of
the Centers for Disease Control and Prevention, with property
acquisition, including a long-term ground lease for construction on non-
Federal land, to support the construction of a replacement laboratory in
the Fort Collins, Colorado area: Provided further, That notwithstanding
any other provision of law, a single contract or related contracts for
development and construction of facilities may be employed which
collectively include the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18.
National Institutes of Health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $4,770,519,000.
[[Page 118 STAT. 240]]
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,897,145,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $385,796,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,682,457,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,510,776,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$4,335,155,000: Provided, That $150,000,000 may be made available to
International Assistance Programs, ``Global Fund to Fight HIV/AIDS,
Malaria, and Tuberculosis'', to remain available until expended.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,916,333,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$1,250,585,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$657,199,000.
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$636,974,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $1,031,311,000.
[[Page 118 STAT. 241]]
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $504,300,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$384,477,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $135,555,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $431,471,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $997,414,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $1,390,714,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $482,222,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to biomedical imaging and bioengineering
research, $288,900,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $1,186,183,000: Provided, That none of these funds shall
be used to pay recipients of the general research support grants program
any amount for indirect expenses in connection with such grants:
Provided further, That $119,220,000 shall be for extramural facilities
construction grants.
[[Page 118 STAT. 242]]
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$117,752,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to minority health and health disparities
research, $192,724,000.
For carrying out the activities at the John E. Fogarty International
Center, $65,800,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$311,635,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2004,
the Library may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed under the
jurisdiction of the National Institutes of Health: Provided further,
That in addition to amounts provided herein, $8,200,000 shall be
available from amounts available under section 241 of the Public Health
Service Act to carry out National Information Center on Health Services
Research and Health Care Technology and related health services.
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $329,707,000, of which up to $7,500,000
shall be used to carry out section 221 of this Act: Provided, That
funding shall be available for the purchase of not to exceed 29
passenger motor vehicles for replacement only: Provided further, That
the Director may direct up to 1 percent of the total amount made
available in this or any other Act to all National Institutes of Health
appropriations to activities the Director may so designate: Provided
further, That no such appropriation shall be decreased by more than 1
percent by any such transfers and that the Congress is promptly notified
of the transfer: Provided further, That the National Institutes of
Health is authorized to collect third party payments for the cost of
clinical services that are incurred in National Institutes of Health
research facilities and that such payments shall be credited to the
National Institutes of Health Management Fund: Provided further, That
all funds credited to the National Institutes of Health Management Fund
shall remain available for 1 fiscal year after the fiscal year in which
they are deposited: Provided further, That up to $500,000 shall be
available to carry out section 499 of the Public Health Service Act.
[[Page 118 STAT. 243]]
For the study of, construction of, renovation of, and acquisition of
equipment for, facilities of or used by the National Institutes of
Health, including the acquisition of real property, $89,500,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, single contracts or related contracts, which
collectively include the full scope of the project, may be employed for
the development and construction of the first and second phases of the
John Edward Porter Neuroscience Research Center: Provided further, That
the solicitations and contracts shall contain the clause ``availability
of funds'' found at 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
section 301 of the Public Health Service Act with respect to program
management, $3,253,763,000: Provided, That in addition to amounts
provided herein, $79,200,000 shall be available from amounts available
under section 241 of the Public Health Service Act to carry out subpart
II of title XIX of the Public Health Service Act to fund section 1935(b)
technical assistance, national data, data collection and evaluation
activities, and further that the total available under this Act for
section 1935(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart II of title XIX: Provided further, That in
addition to the amounts provided herein, $21,850,000 shall be available
from amounts available under section 241 of the Public Health Service
Act to carry out subpart I of part B of title XIX of the Public Health
Service Act to fund section 1920(b) technical assistance, data
collection and program evaluation activities, and further that the total
available under this Act for section 1920(b) activities shall not exceed
5 percent of the amounts appropriated for subpart I of part B of title
XIX: Provided further, That in addition to amounts provided herein,
$16,000,000 shall be made available from amounts available under section
241 of the Public Health Service Act to carry out national surveys on
drug abuse.
Agency for Healthcare Research and Quality
For carrying out titles III and IX of the Public Health Service Act,
and part A of title XI of the Social Security Act, amounts received from
Freedom of Information Act fees, reimbursable and interagency
agreements, and the sale of data shall be credited to this appropriation
and shall remain available until expended: Provided, That the amount
made available pursuant to section 927(c) of the Public Health Service
Act shall not exceed $303,695,000: Provided further, That, of the funds
made available under this heading, $12,000,000 shall be for the conduct
of research
[[Page 118 STAT. 244]]
on the comparative clinical effectiveness, cost-effectiveness, and
safety of drugs, biological products, and devices.
Centers for Medicare and Medicaid Services
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $130,892,197,000, to remain available until
expended.
For making, after May 31, 2004, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2004 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2005, $58,416,275,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under section
1844 of the Social Security Act, sections 103(c) and 111(d) of the
Social Security Amendments of 1965, section 278(d) of Public Law 97-248,
and for administrative expenses incurred pursuant to section 201(g) of
the Social Security Act, $95,084,100,000.
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $2,664,994,000, to be transferred from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and section 1857(e)(2) of
the Social Security Act, and such sums as may be collected from
authorized user fees and the sale of data, which shall remain available
until expended, and together with administrative fees collected relative
to Medicare overpayment recovery activities, which shall remain
available until expended: Provided, That all funds derived in accordance
with 31 U.S.C. 9701 from organizations established under title XIII of
the Public Health Service Act shall be credited to and available for
carrying out the purposes of this appropriation: Provided further, That
$30,000,000, to remain available until September 30, 2005, is for
contract costs for CMS's Systems Revitalization Plan: Provided further,
That $56,991,000, to remain available until September 30, 2005, is for
contract costs for the Healthcare Integrated General Ledger Accounting
System: Provided further, That of the amounts made available for
research, demonstration and evaluation, $100,000 is available for
Advocate Health Care
[[Page 118 STAT. 245]]
in Oak Brook, Illinois, for health education programs and services to
the deaf and hard-of-hearing, $1,750,000 is available for AIDS
Healthcare Foundation in Los Angeles for a demonstration of residential
and outpatient treatment facilities, $250,000 is available for Berwick
Hospital Center, Berwick, Pennsylvania, for stabilizing the workforce
for patient care, $163,000 is available for Bloomsburg Hospital,
Bloomsburg, Pennsylvania for stabilizing the workforce for patient care,
$275,000 is available for Cheyenne River Sioux Tribe in Eagle Butte,
South Dakota, to establish a nursing home, $778,000 is available for
Community Medical Center, Scranton, Pennsylvania, for stabilizing the
workforce for patient care, $150,000 is available for Cook County
(Illinois) Bureau of Health Services to improve the management of
vulnerable patients with poorly controlled diabetes, $178,000 is
available for Divine Providence Hospital, Williamsport, Pennsylvania,
for stabilizing the workforce for patient care, $267,000 is available
for Geisinger Wyoming Valley Medical Center, Wilkes-Barre, Pennsylvania,
for stabilizing the workforce for patient care, $237,000 is available
for Hazleton General Hospital, Hazleton, Pennsylvania, for stabilizing
the workforce for patient care, $25,000 is available for Hope Worldwide,
Philadelphia, Pennsylvania, to maintain clinical care for recovering
drug and alcohol addicts, $825,000 is available for Illinois Primary
Health Care Association for the Shared Integrated Management Information
System, Springfield, Illinois, $250,000 is available for James S. Taylor
Memorial Home, Louisville, Kentucky, $100,000 is available for Jefferson
Area Board for Aging, Charlottesville, Virginia, for the Nursing
Assistant Institute, $85,000 is available for Jersey Shore Hospital,
Jersey Shore, Pennsylvania for stabilizing the workforce for patient
care, $179,000 is available for Marian Community Hospital, Carbondale,
Pennsylvania, for stabilizing the workforce for patient care, $200,000
is available for Medical Care for Children Partnership, Fairfax,
Virginia, to provide outreach to increase access to medical and dental
care for children, $393,000 is available for Mercy Health Partners,
Scranton, Pennsylvania, for stabilizing the workforce for patient care,
$571,000 is available for Mercy Hospital, Wilkes-Barre, Pennsylvania,
for stabilizing the workforce for patient care, $63,000 is available for
Mid-Valley Hospital, Peckville, Pennsylvania, for stabilizing the
workforce for patient care, $510,000 is available for Moses Taylor
Hospital, Scranton, Pennsylvania, for stabilizing the workforce for
patient care, $109,000 is available for Muncy Valley Hospital, Muncy,
Pennsylvania, for stabilizing the workforce for patient care, $225,000
is available for Muskegon Community Health Project, Muskegon, Michigan,
for the Access Health program, $75,000 is available for North Penn
Visiting Nurse Association, Lansdale, Pennsylvania, to provide low-cost
or free health care to children who do not have health insurance,
$122,000 is available for Patient Advocate Foundation, Newport News,
Virginia, to provide direct intervention assistance to patients
throughout the United States who are experiencing difficulty in
accessing quality health care services, $100,000 is available for Rhode
Island Hospital-Medical Simulation Center of Providence, Rhode Island,
for the creation of a transportable simulation-based training curriculum
and validated human performance measurement system, $256,000 is
available for Saint Joseph Medical Center, Hazleton, Pennsylvania, for
stabilizing the workforce for patient care, $100,000 is available
[[Page 118 STAT. 246]]
for Santa Clara County, California, for its Children's Health Initiative
program to provide outreach and enrollment assistance for families under
300 percent of Federal poverty level, $664,000 is available for Sharon
Regional Health System, Sharon, Pennsylvania, for stabilizing the
workforce for patient care, $25,000 is available for Sickle Cell Medical
Treatment & Education Center, St. Louis Children's Hospital, St. Louis,
Missouri, to improve the academic achievement of children with Sickle
Cell Disease with specific cognitive rehabilitation, $111,000 is
available for Tyler Memorial Hospital, Tunkhannock, Pennsylvania, for
stabilizing the workforce for patient care, $174,000 is available for
United Community Hospital, Grove City, Pennsylvania, for stabilizing the
workforce for patient care, $503,000 is available for UPMC Horizon,
Farrell, Pennsylvania, for stabilizing the workforce for patient care,
$613,000 is available for Williamsport Hospital & Medical Center,
Williamsport, Pennsylvania, for stabilizing the workforce for patient
care, and $965,000 is available for Wyoming Valley Health Care System,
Wilkes-Barre, Pennsylvania, for stabilizing the workforce for patient
care: Provided further, That the Secretary of Health and Human Services
is directed to collect fees in fiscal year 2004 from Medicare+Choice
organizations pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act:
Provided further, that to the extent Medicare claims processing unit
costs are projected by the Centers for Medicare & Medicaid Services to
exceed $0.87 for part A claims and/or $0.65 for part B claims, up to an
additional $18,000,000 may be available for obligation for every $0.04
increase in Medicare claims processing unit costs from the Federal
Hospital Insurance and the Federal Supplementary Medical Insurance Trust
Funds. The calculation of projected unit costs shall be derived in the
same manner in which the estimated unit costs were calculated for the
Federal budget estimate for the fiscal year.
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the Public
Health Service Act, to be available without fiscal year limitation for
the payment of outstanding obligations. During fiscal year 2004, no
commitments for direct loans or loan guarantees shall be made.
Administration for Children and Families
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), $3,292,970,000, to remain
available until expended; and for such purposes for the first quarter of
fiscal year 2005, $1,200,000,000, to remain available until expended.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-
[[Page 118 STAT. 247]]
A of the Social Security Act before the effective date of the program of
Temporary Assistance for Needy Families (TANF) with respect to such
State, such sums as may be necessary: Provided, That the sum of the
amounts available to a State with respect to expenditures under such
title IV-A in fiscal year 1997 under this appropriation and under such
title IV-A as amended by the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,800,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $100,000,000, to remain available until
expended: Provided, That these funds are for the unanticipated home
energy assistance needs of one or more States, as authorized by section
2604(e) of the Act, and notwithstanding the designation requirement of
section 2602(e).
For necessary expenses for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), for carrying out section 462 of the Homeland Security Act of
2002 (Public Law 107-296), and for carrying out section 5 of the Torture
Victims Relief Act of 1998 (Public Law 105-320), $450,276,000, of which
up to $9,968,000 shall be available to carry out the Trafficking Victims
Protection Act of 2000 (Public Law 106-386; division A): Provided, That
funds appropriated under this heading pursuant to section 414(a) of the
Immigration and Nationality Act for fiscal year 2004 shall be available
for the costs of assistance provided and other activities, to remain
available through September 30, 2006.
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (Child Care and Development Block Grant Act
of 1990), $2,099,729,000 shall be used to supplement, not supplant State
general revenue funds for child care assistance for low-income families:
Provided, That $19,120,000 shall be available for child care resource
and referral and school-aged child care activities, of which $1,000,000
shall be for the Child Care Aware toll free hotline: Provided further,
That, in addition to the amounts required to be reserved by the States
under section 658G, $272,672,000 shall be reserved by the States for
activities authorized under section 658G, of which $100,000,000 shall be
for activities that improve the quality of infant and toddler care:
[[Page 118 STAT. 248]]
Provided further, That $9,864,000 shall be for use by the Secretary for
child care research, demonstration, and evaluation activities.
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX of such Act shall be 10 percent.
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 310 and 316 of the Family Violence Prevention
and Services Act, as amended, the Native American Programs Act of 1974,
title II of Public Law 95-266 (adoption opportunities), the Adoption and
Safe Families Act of 1997 (Public Law 105-89), sections 1201 and 1211 of
the Children's Health Act of 2000, the Abandoned Infants Assistance Act
of 1988, sections 261 and 291 of the Help America Vote Act of 2002, the
Early Learning Opportunities Act, part B(1) of title IV and sections
413, 429A, 1110, and 1115 of the Social Security Act, and sections
40155, 40211, and 40241 of Public Law 103-322; for making payments under
the Community Services Block Grant Act, sections 439(h), 473A, and
477(i) of the Social Security Act, and title IV of Public Law 105-285,
and for necessary administrative expenses to carry out said Acts and
titles I, IV, X, XI, XIV, XVI, and XX of the Social Security Act, the
Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation
Act of 1981, title IV of the Immigration and Nationality Act, section
501 of the Refugee Education Assistance Act of 1980, section 5 of the
Torture Victims Relief Act of 1998 (Public Law 105-320), sections 40155,
40211, and 40241 of Public Law 103-322, and section 126 and titles IV
and V of Public Law 100-485, $8,816,097,000, of which $7,500,000, to
remain available until September 30, 2005, shall be for grants to States
for adoption incentive payments, as authorized by section 473A of title
IV of the Social Security Act (42 U.S.C. 670-679) and may be made for
adoptions completed before September 30, 2004: Provided, That funds
appropriated in Public Law 108-7 for grants to States as authorized by
section 473A of title IV of the Social Security Act shall also be
available for adoption incentive payments for adoptions completed before
September 30, 2004: Provided further, That $6,815,570,000 shall be for
making payments under the Head Start Act, of which $1,400,000,000 shall
become available October 1, 2004 and remain available through September
30, 2005: Provided further, That $735,686,000 shall be for making
payments under the Community Services Block Grant Act: Provided further,
That not less than $7,227,000 shall be for section 680(3)(B) of the
Community Services Block Grant Act, as amended: Provided further, That
in addition to amounts provided herein, $6,000,000 shall be available
from amounts available under section 241 of the Public Health Service
Act to carry out the provisions of section 1110 of the Social Security
Act: Provided further, That to the extent Community Services Block Grant
funds are distributed as
[[Page 118 STAT. 249]]
grant funds by a State to an eligible entity as provided under the Act,
and have not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided
further, <<NOTE: Procedures. 42 USC 9921 note. promoting safe and stable
families>> That the Secretary shall establish procedures regarding the
disposition of intangible property which permits grant funds, or
intangible assets acquired with funds authorized under section 680 of
the Community Services Block Grant Act, as amended, to become the sole
property of such grantees after a period of not more than 12 years after
the end of the grant for purposes and uses consistent with the original
grant: Provided further, That funds appropriated for section 680(a)(2)
of the Community Services Block Grant Act, as amended, shall be
available for financing construction and rehabilitation and loans or
investments in private business enterprises owned by community
development corporations: Provided further, That $89,978,000 shall be
for activities authorized by the Runaway and Homeless Youth Act,
notwithstanding the allocation requirements of section 388(a) of such
Act, of which $40,505,000 is for the transitional living program:
Provided further, That $48,000,000 is for a compassion capital fund to
provide grants to charitable organizations to emulate model social
service programs and to encourage research on the best practices of
social service organizations: Provided further, That $15,000,000 shall
be for activities authorized by the Help America Vote Act of 2002, of
which $10,000,000 shall be for payments to States to promote disabled
voter access, and of which $5,000,000 shall be for payments to States
for disabled voters protection and advocacy systems.
For carrying out section 436 of the Social Security Act,
$305,000,000 and for section 437, $100,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $5,068,300,000.
For making payments to States or other non-Federal entities under
title IV-E of the Act, for the first quarter of fiscal year 2005,
$1,767,700,000.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under section 474 of title IV-E,
for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration on Aging
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and section 398 of the Public Health
Service Act, $1,381,689,000, of which $5,500,000 shall be available for
activities regarding medication management, screening, and education to
prevent incorrect medication and
[[Page 118 STAT. 250]]
adverse drug reactions; and of which $2,842,000 shall remain available
until September 30, 2006, for the White House Conference on Aging.
Office of the Secretary
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, XX, and XXI of the Public Health Service Act, and
the United States-Mexico Border Health Commission Act, $357,358,000,
together with $5,851,000 to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Hospital Insurance
Trust Fund and the Supplemental Medical Insurance Trust Fund: Provided,
That of the funds made available under this heading for carrying out
title XX of the Public Health Service Act, $11,885,000 shall be for
activities specified under section 2003(b)(2), of which $10,157,000
shall be for prevention service demonstration grants under section
510(b)(2) of title V of the Social Security Act, as amended, without
application of the limitation of section 2010(c) of said title XX:
Provided further, That of this amount, $49,838,000 is for minority AIDS
prevention and treatment activities; and $15,000,000 shall be for an
Information Technology Security and Innovation Fund for Department-wide
activities involving cybersecurity, information technology security, and
related innovation projects, and $5,000,000 is to assist Afghanistan in
the development of maternal and child health clinics, consistent with
section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002.
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $39,497,000: Provided, That, of such amount, necessary sums are
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
For expenses necessary for the Office for Civil Rights, $30,936,000,
together with not to exceed $3,314,000 to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund.
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act and title III of
the Public Health Service Act, $20,750,000, which shall be available
from amounts available under section 241 of the Public Health Service
Act to carry out national health or human services research and
evaluation activities: Provided, That the expenditure of any funds
available under section 241 of the Public Health Service Act are subject
to the requirements of section 205 of this Act.
[[Page 118 STAT. 251]]
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55 and 56), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal year.
The following are definitions for the medical benefits of the Public
Health Service Commissioned Officers that apply to 10 U.S.C. chapter 56,
section 1116(c). The source of funds for the monthly accrual payments
into the Department of Defense Medicare-Eligible Retiree Health Care
Fund shall be the Retirement Pay and Medical Benefits for Commissioned
Officers account. For purposes of this Act, the term ``pay of members''
shall be construed to be synonymous with retirement payments to United
States Public Health Service officers who are retired for age,
disability, or length of service; payments to survivors of deceased
officers; medical care to active duty and retired members and dependents
and beneficiaries; and for payments to the Social Security
Administration for military service credits; all of which payments are
provided for by the Retirement Pay and Medical Benefits for Commissioned
Officers account.
For expenses necessary to support activities related to countering
potential biological, disease and chemical threats to civilian
populations, $1,726,846,000: Provided, That this amount is distributed
as follows: Centers for Disease Control and Prevention, $1,116,156,000;
Office of the Secretary, $64,820,000; and Health Resources and Services
Administration, $545,870,000: Provided further, That at the discretion
of the Secretary of Health and Human Services, these amounts may be
transferred between categories subject to normal reprogramming
procedures: Provided further, That employees of the Centers for Disease
Control and Prevention or the Public Health Service, both civilian and
Commissioned Officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the Public Health
Service Act for purposes related to homeland security, shall be treated
as non-Federal employees for reporting purposes only and shall not be
included within any personnel ceiling applicable to the Agency, Service,
or the Department of Health and Human Services during the period of
detail or assignment.
In addition, for activities to ensure a year-round influenza vaccine
production capacity and the development and implementation of rapidly
expandable influenza vaccine production technologies, $50,000,000, to
remain available until expended.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service
[[Page 118 STAT. 252]]
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children's Emergency Fund
or the World Health Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399F(b) of the Public Health Service Act or section
1503 of the National Institutes of Health Revitalization Act of 1993,
Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health, the Agency for Healthcare Research and
Quality, and the Substance Abuse and Mental Health Services
Administration shall be used to pay the salary of an individual, through
a grant or other extramural mechanism, at a rate in excess of Executive
Level I.
Sec. 205. <<NOTE: Reports.>> None of the funds appropriated in this
Act may be expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or for
other taps and assessments made by any office located in the Department
of Health and Human Services, prior to the Secretary's preparation and
submission of a report to the Committee on Appropriations of the Senate
and of the House detailing the planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public Health
Service Act, such portion as the Secretary shall determine, but not more
than 2.2 percent, of any amounts appropriated for programs authorized
under said Act shall be made available for the evaluation (directly, or
by grants or contracts) of the implementation and effectiveness of such
programs.
Sec. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year for
the Department of Health and Human Services in this Act may be
transferred between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided, That an
appropriation may be increased by up to an additional 2 percent subject
to approval by the House and Senate Committees on Appropriations:
Provided further, <<NOTE: Notification.>> That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 208. The Director of the National Institutes of Health, jointly
with the Director of the Office of AIDS Research, may transfer up to 3
percent among institutes, centers, and divisions from the total amounts
identified by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, <<NOTE: Notification.>> That
the Congress is promptly notified of the transfer.
Sec. 209. Of the amounts made available in this Act for the National
Institutes of Health, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of the
National Institutes of Health and the Director of the Office of AIDS
Research, shall be made available to the ``Office of AIDS Research''
account. The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3) of the
Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health
[[Page 118 STAT. 253]]
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the decision of
minors to seek family planning services and that it provides counseling
to minors on how to resist attempts to coerce minors into engaging in
sexual activities.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
Sec. 212. Notwithstanding any other provision of law, no provider of
services under title X of the Public Health Service Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
Sec. 213. The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997, 1998,
1999, 2000, 2001, 2002, and 2003'' and inserting ``1997,
1998, 1999, 2000, 2001, 2002, 2003, and 2004''; and
(B) in subsection (e), by striking ``October 1,
2003'' each place it appears and inserting ``October 1,
2004'';
(C) in subsection (b)(1)--
(i) in subparagraph (A), by striking ``and''
at the end;
(ii) in subparagraph (B), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) one or more categories of aliens who are or were
nationals and residents of the Islamic Republic or Iran who, as
members of a religious minority in Iran, share common
characteristics that identify them as targets of persecution in
that state on account of race, religion, nationality, membership
in a particular social group, or political opinion.''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 2003'' and inserting
``September 30, 2004''.
Sec. 214. (a) Except as provided by subsection (e) none of the funds
appropriated by this Act may be used to withhold substance abuse funding
from a State pursuant to section 1926 of the Public Health Service Act
(42 U.S.C. 300x-26) if such State certifies to the Secretary of Health
and Human Services by May 1, 2004, that the State will commit additional
State funds, in accordance with subsection (b), to ensure compliance
with State
[[Page 118 STAT. 254]]
laws prohibiting the sale of tobacco products to individuals under 18
years of age.
(b) The amount of funds to be committed by a State under subsection
(a) shall be equal to 1 percent of such State's substance abuse block
grant allocation for each percentage point by which the State misses the
retailer compliance rate goal established by the Secretary of Health and
Human Services under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal year 2004
for tobacco prevention programs and for compliance activities at a level
that is not less than the level of such expenditures maintained by the
State for fiscal year 2003, and adding to that level the additional
funds for tobacco compliance activities required under subsection
(a). <<NOTE: Reports. Deadline.>> The State is to submit a report to the
Secretary on all fiscal year 2003 State expenditures and all fiscal year
2004 obligations for tobacco prevention and compliance activities by
program activity by July 31, 2004.
(d) The Secretary shall exercise discretion in enforcing the timing
of the State obligation of the additional funds required by the
certification described in subsection (a) as late as July 31, 2004.
(e) None of the funds appropriated by this Act may be used to
withhold substance abuse funding pursuant to section 1926 from a
territory that receives less than $1,000,000.
Sec. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease,
and other health activities abroad during fiscal year 2004, the
Secretary of Health and Human Services--
(1) may exercise authority equivalent to that available to
the Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary
of Health and Human Services shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the authority
provided in this section is exercised in a manner consistent
with section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) and other applicable statutes administered by the
Department of State; and
(2) is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary to
pay the costs of acquisition, lease, alteration, renovation, and
management of facilities outside of the United States for the
use of the Department of Health and Human Services. The
Department of State shall cooperate fully with the Secretary of
Health and Human Services to ensure that the Department of
Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing
location, setback, and other facilities requirements and serve
the purposes established by this Act. The Secretary of Health
and Human Services is authorized, in consultation with the
Secretary of State, through grant or cooperative agreement, to
make available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS and
other
[[Page 118 STAT. 255]]
infectious diseases, chronic and environmental diseases, and
other health activities abroad.
Sec. 216. The Division of Federal Occupational Health may utilize
personal services contracting to employ professional management/
administrative and occupational health professionals.
Sec. 217. <<NOTE: 42 USC 284f note.>> Notwithstanding section
409B(c) of the Public Health Service Act regarding a limitation on the
number of such grants, funds appropriated in this Act and Acts in fiscal
years thereafter may be expended by the Director of the National
Institutes of Health to award Core Center Grants to encourage the
development of innovative multidisciplinary research and provide
training concerning Parkinson's disease. Each center funded under such
grants shall be designated as a Morris K. Udall Center for Research on
Parkinson's Disease.
Sec. 218. <<NOTE: Deadline. Reports.>> Not later than 90 days after
the date of enactment of this Act, the Director of the National
Institutes of Health shall submit to the appropriate committees of
Congress a report that shall--
(1) contain the recommendations of the Director concerning
the role of the National Institutes of Health in promoting the
affordability of inventions and products developed with Federal
funds; and
(2) specify whether any circumstances exist to prevent the
Director from promoting the affordability of inventions and
products developed with Federal funds.
Sec. 219. <<NOTE: 42 USC 294o note.>> Notwithstanding any other
provisions of law, funds made available under this heading may be used
to continue operating the Council on Graduate Medical Education
established by section 301 of Public Law 102-408.
Sec. 220. Designation of Senator Paul D. Wellstone NIH MDCRC
Program. (a) Findings.--Congress finds the following:
(1) On December 18, 2001, Public Law 107-84, otherwise known
as the Muscular Dystrophy Community Assistance, Research and
Education Amendments of 2001, or the MD CARE Act, was signed
into law to provide for research and education with respect to
various forms of muscular dystrophy, including Duchenne, Becker,
limb girdle, congenital, facioscapulohumeral, myotonic,
oculopharyngeal, distal, and EmeryDreifuss muscular dystrophies.
(2) In response to the MD CARE Act of 2001, in September
2002, the National Institutes of Health (NIH) announced its
intention to establish the Muscular Dystrophy Cooperative
Research Centers (MDCRC) program.
(3) Senator Paul D. Wellstone was a driving force behind
enactment of the MD CARE Act, which led to the establishment of
the MDCRC program.
(b) Designation.--The NIH Muscular Dystrophy Cooperative Research
Centers (MDCRC) program shall be known and designated as the ``Senator
Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers'', in
honor of Senator Paul D. Wellstone who was deceased on October 25, 2002.
(c) References.--Any reference in a law, regulation, document,
paper, or other record of the United States to the NIH program of
Muscular Dystrophy Cooperative Research Centers shall be deemed to be a
reference to the ``Senator Paul D. Wellstone Muscular Dystrophy
Cooperative Research Centers''.
[[Page 118 STAT. 256]]
Sec. 221. (a) Authority.--Notwithstanding any other provision of
law, the Director of the National Institutes of Health may use funds
available under section 402(i) of the Public Health Service Act (42
U.S.C. 282(i)) to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research in support of
the NIH Roadmap Initiative of the Director.
(b) Peer Review.--In entering into transactions under subsection
(a), the Director of the National Institutes of Health may utilize such
peer review procedures (including consultation with appropriate
scientific experts) as the Director determines to be appropriate to
obtain assessments of scientific and technical merit.
Such <<NOTE: Applicability.>> procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections 301(a)(3),
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health
Service Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A),
289a, and 289c).
Sec. 222. Section 307(c) of the Denali Commission Act of 1998 (42
U.S.C. 3121 note) is amended by striking ``is authorized to make
grants'' and inserting ``is authorized to make interagency transfers''.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2004''.
TITLE <<NOTE: Department of Education Appropriations Act, 2004.>> III--
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
1965, $14,528,522,000, of which $6,983,169,000 shall become available on
July 1, 2004, and shall remain available through September 30, 2005, and
of which $7,383,301,000 shall become available on October 1, 2004, and
shall remain available through September 30, 2005, for academic year
2004-2005: Provided, That $7,107,283,000 shall be available for basic
grants under section 1124: Provided further, That up to $3,500,000 of
these funds shall be available to the Secretary of Education on October
1, 2003, to obtain annually updated educational-agency-level census
poverty data from the Bureau of the Census: Provided further, That
$1,365,031,000 shall be available for concentration grants under section
1124A: Provided further, That $1,969,843,000 shall be available for
targeted grants under section 1125: Provided further, That
$1,969,843,000 shall be available for education finance incentive grants
under section 1125A: Provided further, That $235,000,000 shall be
available for comprehensive school reform grants under part F of the
ESEA: Provided further, That from the $8,842,000 available to carry out
part E of title I, up to $1,000,000 shall be available to the Secretary
of Education to provide technical assistance to State and local
educational agencies concerning part A of title I.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $1,236,824,000, of which $1,070,000,000
shall be for basic support payments under section
[[Page 118 STAT. 257]]
8003(b), $50,668,000 shall be for payments for children with
disabilities under section 8003(d), $46,208,000 shall be for
construction under section 8007 and shall remain available through
September 30, 2005, $62,000,000 shall be for Federal property payments
under section 8002, and $7,948,000, to remain available until expended,
shall be for facilities maintenance under section 8008: Provided, That
$1,500,000 of the funds for section 8007 shall be available for the
local educational agencies and in the amounts specified in the statement
of the managers on the conference report accompanying this Act: Provided
further, That, notwithstanding any other provision of law, these funds
shall remain available until expended.
School Improvement Programs
For carrying out school improvement activities authorized by titles
II, part B of title IV, part A and subparts 6 and 9 of part D of title
V, parts A and B of title VI, and parts B and C of title VII of the
Elementary and Secondary Education Act of 1965 (``ESEA''); the McKinney-
Vento Homeless Assistance Act; and the Civil Rights Act of 1964,
$5,834,208,000, of which $4,282,199,000 shall become available on July
1, 2004, and remain available through September 30, 2005, and of which
$1,435,000,000 shall become available on October 1, 2004, and shall
remain available through September 30, 2005, for academic year 2004-
2005: Provided, That funds made available to carry out part B of title
VII of the ESEA may be used for construction, renovation and
modernization of any elementary school, secondary school, or structure
related to an elementary school or secondary school, run by the
Department of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further, That from
the funds referred to in the preceding proviso, not less than $1,000,000
shall be for a grant to the Department of Education of the State of
Hawaii for the activities described in such proviso: Provided further,
That funds made available to carry out part C of title VII of the ESEA
may be used for construction: Provided further, That $391,600,000 shall
be for subpart 1 of part A of title VI of the ESEA: Provided further,
That $27,821,000 shall be available to carry out part D of title V of
the ESEA: Provided further, That no funds appropriated under this
heading may be used to carry out section 5494 under the ESEA.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the Elementary and Secondary Education
Act of 1965, $121,573,000.
Innovation and Improvement
For carrying out activities authorized by parts G and H of title I,
subpart 5 of part A and parts C and D of title II, parts B, C, and D of
title V, and section 1504 of the Elementary and Secondary Education Act
of 1965 (``ESEA''), $1,106,811,000: Provided, That $74,513,000 for
continuing and new grants to demonstrate effective approaches to
comprehensive school reform shall become available on July 1, 2004, and
remain available through September 30, 2005, and shall be allocated and
expended in the same manner as the funds provided under the Fund for the
[[Page 118 STAT. 258]]
Improvement of Education for this purpose were allocated and expended in
fiscal year 2003: Provided further, That $18,500,000 shall be available
to carry out section 2151(c) of the ESEA, of which not less than
$10,000,000 shall be provided to the National Board for Professional
Teaching Standards, not less than $7,000,000 shall be provided to the
National Council on Teacher Quality, and up to $1,500,000 may be
reserved by the Secretary to conduct an evaluation of activities
authorized by such section: Provided further, That $430,463,000 shall be
available to carry out part D of title V of the ESEA: Provided further,
That $177,271,000 of the funds for subpart 1, part D of title V of the
ESEA shall be available for the projects and in the amounts specified in
the statement of the managers on the conference report accompanying this
Act.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part C of
title II, part A of title IV, and subparts 2, 3 and 10 of part D of
title V of the Elementary and Secondary Education Act of 1965
(``ESEA''), title VIII-D of the Higher Education Amendments of 1998, and
Public Law 102-73, $862,813,000, of which $470,483,000 shall become
available on July 1, 2004, and remain available through September 30,
2005: Provided, That of the amount available for subpart 2 of part A of
title IV of the ESEA, $850,000 shall be used to continue the National
Recognition Awards program under the same guidelines outlined by section
120(f) of Public Law 105-244: Provided further, That $445,483,000 shall
be available for subpart 1 of part A of title IV and $234,680,000 shall
be available for subpart 2 of part A of title IV: Provided further, That
$128,838,000 shall be available to carry out part D of title V of the
ESEA: Provided further, That of the funds available to carry out subpart
3 of part C of title II, up to $11,922,000 may be used to carry out
section 2345 and $2,980,000 shall be used by the Center for Civic
Education to implement a comprehensive program to improve public
knowledge, understanding, and support of the Congress and the State
legislatures: Provided further, That $25,000,000 shall be for Youth
Offender Grants, of which $5,000,000 shall be used in accordance with
section 601 of Public Law 102-73 as that section was in effect prior to
enactment of Public Law 105-220.
English Language Acquisition
For carrying out part A of title III of the ESEA, $685,258,000, of
which $560,301,000 shall become available on July 1, 2004, and shall
remain available through September 30, 2005: Provided, That
notwithstanding section 3111(c)(4)(B)(ii), the Secretary may, in
determining the allotments under section 3111(c)(3), use the same Census
data for the number of limited English proficient children and youth
used for the previous year's allotments under section 3111(c)(3) and the
most recent data collected from States for the number of immigrant
children and youth that is acceptable to the Secretary: Provided
further, That funds reserved under section 3111(c)(1)(D) of the ESEA
that are not used in accordance with section 3111(c)(2) may be added to
the funds that are available July 1, 2004 through September 30, 2005,
for State allotments under section 3111(c)(3).
[[Page 118 STAT. 259]]
Special Education
For carrying out the Individuals with Disabilities Education Act,
$11,307,072,000, of which $5,604,762,000 shall become available for
obligation on July 1, 2004, and shall remain available through September
30, 2005, and of which $5,413,000,000 shall become available on October
1, 2004, and shall remain available through September 30, 2005, for
academic year 2004-2005: Provided, That $11,400,000 shall be for
Recording for the Blind and Dyslexic to support the development,
production, and circulation of recorded educational materials: Provided
further, That $1,500,000 shall be for the recipient of funds provided by
Public Law 105-78 under section 687(b)(2)(G) of the Act to provide
information on diagnosis, intervention, and teaching strategies for
children with disabilities: Provided further, That the amount for
section 611(c) of the Act shall be equal to the amount available for
that section during fiscal year 2003, increased by the amount of
inflation as specified in section 611(f)(1)(B)(ii) of the Act: Provided
further, That $6,879,000 of the funds for section 672 of the Act shall
be available for the projects and in the amounts specified in the
statement of the managers of the conference report accompanying this
Act.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $3,013,305,000, of which
$1,000,000 shall be awarded to the American Academy of Orthotists and
Prosthetists for activities that further the purposes of the grant
received by the Academy for the period beginning October 1, 2003,
including activities to meet the demand for orthotic and prosthetic
provider services and improve patient care: Provided, That the funds
provided for title I of the Assistive Technology Act of 1998 (``the AT
Act'') shall be allocated notwithstanding section 105(b)(1) of the AT
Act: Provided further, That section 101(f) of the AT Act shall not limit
the award of an extension grant to 3 years: Provided further, That no
State or outlying area awarded funds under section 101 shall receive
less than the amount received in fiscal year 2003: Provided further,
That $5,035,000 of the funds for section 303 of the Rehabilitation Act
of 1973 shall be available for the projects and in the amounts specified
in the statement of the managers of the conference report accompanying
this Act.
Special Institutions for Persons With Disabilities
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
et seq.), $16,500,000.
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
$53,800,000, of which $367,000 shall be for construction and shall
remain available until expended: Provided, That from the total amount
available, the Institute may at its discretion
[[Page 118 STAT. 260]]
use funds for the endowment program as authorized under section 207.
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $100,800,000: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207.
Vocational and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act of 1998, the Adult
Education and Family Literacy Act, and subparts 4 and 11 of part D of
title V of the Elementary and Secondary Education Act of 1965
(``ESEA''), $2,121,690,000, of which $1,304,712,000 shall become
available on July 1, 2004, and shall remain available through September
30, 2005, and of which $791,000,000 shall become available on October 1,
2004, and shall remain available through September 30, 2005: Provided,
That notwithstanding any other provision of law or any regulation, the
Secretary of Education shall not require the use of a restricted
indirect cost rate for grants issued pursuant to section 117 of the Carl
D. Perkins Vocational and Technical Education Act of 1998: Provided
further, That of the amount provided for Adult Education State Grants,
$69,545,000 shall be made available for integrated English literacy and
civics education services to immigrants and other limited English
proficient populations: Provided further, That of the amount reserved
for integrated English literacy and civics education, notwithstanding
section 211 of the Adult Education and Family Literacy Act, 65 percent
shall be allocated to States based on a State's absolute need as
determined by calculating each State's share of a 10-year average of the
Immigration and Naturalization Service data for immigrants admitted for
legal permanent residence for the 10 most recent years, and 35 percent
allocated to States that experienced growth as measured by the average
of the 3 most recent years for which Immigration and Naturalization
Service data for immigrants admitted for legal permanent residence are
available, except that no State shall be allocated an amount less than
$60,000: Provided further, That of the amounts made available for the
Adult Education and Family Literacy Act, $9,223,000 shall be for
national leadership activities under section 243 and $6,732,000 shall be
for the National Institute for Literacy under section 242: Provided
further, That $185,000,000 shall be available to carry out part D of
title V of the ESEA: Provided further, That $175,000,000 shall be
available to support the activities authorized under subpart 4 of part D
of title V of the Elementary and Secondary Education Act of 1965, of
which up to 5 percent shall become available October 1, 2003, and shall
remain available through September 30, 2005, for evaluation, technical
assistance, school networking, peer review of applications, and program
outreach activities, and of which not less than 95 percent shall become
available on July 1, 2004, and remain
[[Page 118 STAT. 261]]
available through September 30, 2005, for grants to local educational
agencies: Provided further, That funds made available to local education
agencies under this subpart shall be used only for activities related to
establishing smaller learning communities in high schools.
Student Financial Assistance
For carrying out subparts 1, 3, and 4 of part A, part C and part E
of title IV of the Higher Education Act of 1965, as amended,
$14,090,430,000, which shall remain available through September 30,
2005.
The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a
student shall be eligible during award year 2004-2005 shall be $4,050.
Student Aid Administration
For Federal administrative expenses (in addition to funds made
available under section 458), to carry out part D of title I, and
subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV of
the Higher Education Act of 1965, as amended, $118,010,000.
Higher Education
For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, and VII of the Higher Education Act of
1965 (``HEA''), as amended, section 1543 of the Higher Education
Amendments of 1992, title VIII of the Higher Education Amendments of
1998, and the Mutual Educational and Cultural Exchange Act of 1961,
$2,094,511,000, of which $2,000,000 for interest subsidies authorized by
section 121 of the HEA shall remain available until expended: Provided,
That $9,935,000, to remain available through September 30, 2005, shall
be available to fund fellowships for academic year 2005-2006 under part
A, subpart 1 of title VII of said Act, under the terms and conditions of
part A, subpart 1: Provided further, That $994,000 is for data
collection and evaluation activities for programs under the HEA,
including such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That
notwithstanding any other provision of law, funds made available in this
Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these countries
in the fields of government, the professions, or international
development: Provided further, That up to 1 percent of the funds
referred to in the preceding proviso may be used for program evaluation,
national outreach, and information dissemination activities: Provided
further, That $123,110,000 of the funds for part B of title VII of the
Higher Education Act of 1965 shall be available for the projects and in
the amounts specified in the statement of the managers of the conference
report accompanying this Act.
[[Page 118 STAT. 262]]
Howard University
For partial support of Howard University (20 U.S.C. 121 et seq.),
$240,180,000, of which not less than $3,573,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses authorized under section 121 of
the Higher Education Act of 1965, $774,000 to carry out activities
related to existing facility loans entered into under the Higher
Education Act of 1965.
Historically Black College and University Capital Financing Program
Account
The aggregate principal amount of outstanding bonds insured pursuant
to section 344 of title III, part D of the Higher Education Act of 1965,
shall not exceed $357,000,000, and the cost, as defined in section 502
of the Congressional Budget Act of 1974, of such bonds shall not exceed
zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title III, part D of the Higher Education Act of 1965, as amended,
$210,000.
Institute of Education Sciences
For carrying out activities authorized by Public Law 107-279,
$478,717,000: Provided, That, of the amount appropriated, $166,500,000
shall be available for obligation through September 30, 2005: Provided
further, That of the amount provided to carry out title I, parts B and D
of Public Law 107-279, not less than $24,362,000 shall be for the
national research and development centers authorized under section
133(c): Provided further, That $4,968,000 shall be available to extend
for one additional year the contract for the Eisenhower National
Clearinghouse for Mathematics and Science Education authorized under
section 2102(a)(2) of the Elementary and Secondary Education Act of
1965, prior to its amendment by the No Child Left Behind Act of 2001,
Public Law 107-110.
Departmental Management
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $425,000,000, of which $13,644,000, to remain available until
expended, shall be for building alterations and related expenses for the
relocation of department staff to Potomac Center Plaza in Washington,
D.C.
[[Page 118 STAT. 263]]
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $89,275,000.
For expenses necessary for the Office of the Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $47,137,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students or
teachers (or for the purchase of equipment for such transportation) in
order to carry out a plan of racial desegregation of any school or
school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the Department of Education
in this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, <<NOTE: Notification.>> That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. <<NOTE: 20 USC 1087kk note.>> 305. Special Study of
Simplification of Need Analysis and Application for title IV Aid. (a)
Study Required.--The Advisory Committee on Student Financial Assistance
established by section 491 of the Higher Education Act of 1965 (20
U.S.C. 1098), hereafter in this section referred to as ``the Advisory
Committee'', shall conduct a thorough study of the feasibility of
simplifying the need analysis methodology for all Federal student
financial assistance programs and the process of applying for such
assistance.
(b) Required Subjects of Study.--In performing the study, the
Advisory Committee shall, at a minimum, examine the following:
[[Page 118 STAT. 264]]
(1) whether the methodology used to calculate the expected
family contribution can be simplified without significant
adverse effects on program intent, costs, integrity, delivery,
and distribution of awards;
(2) whether the number of data elements, and, accordingly,
the number and complexity of questions asked of students and
families, used to calculate the expected family contribution can
be reduced without such adverse effects;
(3) whether the procedures for determining such data
elements, including determining and updating offsets and
allowances, is the most efficient, effective, and fair means to
determine a family's available income and assets;
(4) whether the methodology used to calculate the expected
family contribution, specifically the consideration of income
earned by a dependent student and its effect on Pell grant
eligibility, is an effective and fair means to determine a
family's available income and a student's need;
(5) whether the nature and timing of the application
required in section 483 (a)(1) of the Higher Education Act of
1965 (20 U.S.C. 1090(a)(1)), eligibility and award
determination, financial aid processing, and funds delivery can
be streamlined further for students and families, institutions,
and States;
(6) whether it is feasible to allow students to complete
only those limited sections of the financial aid application
that apply to their specific circumstances and the State in
which they reside;
(7) whether a widely disseminated printed form, or the use
of an Internet or other electronic means, can be developed to
notify individuals of an estimation of their approximate
eligibility for grant, work-study, and loan assistance upon
completion and verification of the simplified application form;
(8) whether information provided on other Federal forms
(such as the form applying for supplemental security income
under title XVI of the Social Security Act, the form for
applying for food stamps under the Food Stamp Act of 1977, and
the schedule for applying for the earned income tax credit under
section 32 of the Internal Revenue Code of 1986) that are
designed to determine eligibility for various Federal need-based
assistance programs could be used to qualify potential students
for the simplified needs test; and
(9) whether any proposed changes to data elements collected,
in addition to those used to calculate expected family
contribution, or any proposed changes to the form's design or
the process of applying for aid, may have adverse effects on
program costs, integrity, delivery, or distribution of awards,
as well as, application development or application processing.
(c) Additional Considerations.--In conducting the feasibility study,
the Advisory Committee's primary objective under this subsection shall
be simplifying the financial aid application forms and process and
obtaining a substantial reduction in the number of required data items.
In carrying out that objective, the Advisory Committee shall pay special
attention to the needs of low-income and moderate-income students and
families.
(d) Consultation.--
(1) In general.--The Advisory Committee shall consult with a
broad range of interested parties in higher education,
[[Page 118 STAT. 265]]
including parents and students, high school guidance counselors,
financial aid and other campus administrators, appropriate State
administrators, administrators of intervention and outreach
programs, and appropriate officials from the Department of
Education.
(2) Forms design expert.--With the goal of making
significant changes to the form to make the questions more
easily understandable, the Advisory Committee shall consult a
forms design expert to ensure that its recommendations for
revision of the application form would assist in making the form
easily readable and understood by parents, students, and other
members of the public.
(3) Congressional consultation.--The Advisory Committee
shall consult on a regular basis with the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate in carrying out the feasibility study required by this
subsection.
(4) Departmental consultation.--The Secretary of Education
shall provide such assistance to the Advisory Committee as is
requested and practicable in conducting the study required by
this subsection.
(e) <<NOTE: Deadlines.>> Reports.--
(1) Interim report.--The Advisory Committee shall, not later
than 6 months after the date of enactment of this Act, prepare
and submit an interim report containing any such legislative
changes as the Advisory Committee recommends to reform and
simplify the needs analysis under part F of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.) and
forms and other requirements under such title to the Committee
on Education and the Workforce of the House of Representatives,
the Committee on Health, Education, Labor, and Pensions of the
Senate, and the Secretary of Education.
(2) Final report.--The Advisory Committee shall, not later
than 1 year after the date of enactment of this Act, prepare and
submit a full final report on the study, including
recommendations for regulatory and administrative changes
required by this section, to the Committee on Education and the
Workforce of the House of Representatives, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Secretary of Education.
(f) Implementation.--The Secretary of Education shall consult with
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate and shall subsequently initiate a redesign of the
form required by section 483 of the Higher Education Act of 1965 (20
U.S.C. 1090). Such redesign shall include the testing of alternative
simplified versions of the free Federal form. The Secretary shall keep
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate fully and currently informed on the progress of
these efforts.
(g) Postponement of Tax Table Update Pending Report and
Implementation.--The Secretary of Education shall not implement or
enforce for the award year 2004-2005 the annual update to the allowances
for State and other taxes in the tables used
[[Page 118 STAT. 266]]
in the Federal needs analysis methodology, as prescribed by the
Secretary on May 30, 2003 (68 Fed. Reg. 32473).
Sec. 306. <<NOTE: Deadline.>> The Secretary of Education shall treat
as timely filed an application under section 8003 of the Elementary and
Secondary Education Act of 1965 from the local educational agency for
Hydaburg, Alaska, for a payment for fiscal year 2004, and shall process
such application for payment, if the Secretary has received the fiscal
year 2004 application not later than 30 days after the date of enactment
of this Act.
This title may be cited as the ``Department of Education
Appropriations Act, 2004''.
TITLE IV--RELATED AGENCIES
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington and
the Armed Forces Retirement Home--Gulfport, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund, $65,279,000,
of which $1,983,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed Forces
Retirement Home--Washington and the Armed Forces Retirement Home--
Gulfport.
Corporation for National and Community Service
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $356,443,000: Provided, That none of
the funds made available to the Corporation for National and Community
Service in this Act for activities authorized by section 122 of part C
of title I and part E of title II of the Domestic Volunteer Service Act
of 1973 shall be used to provide stipends or other monetary incentives
to volunteers or volunteer leaders whose incomes exceed 125 percent of
the national poverty level.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2006, $400,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the funds
contained in this paragraph shall be available or used to aid or support
any program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That for fiscal
year 2004, in addition to the amounts provided above, $50,000,000 shall
be for costs related
[[Page 118 STAT. 267]]
to digital program production, development, and distribution, associated
with the transition of public broadcasting to digital broadcasting, to
be awarded as determined by the Corporation in consultation with public
radio and television licensees or permittees, or their designated
representatives: Provided further, That for fiscal year 2004, in
addition to the amounts provided above, $10,000,000 shall be for the
costs associated with implementing the first phase of the next
generation interconnection system.
Federal Mediation and Conciliation Service
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$43,385,000, including $1,500,000, to remain available through September
30, 2005, for activities authorized by the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the Director
of the Service is authorized to accept and use on behalf of the United
States gifts of services and real, personal, or other property in the
aid of any projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
For expenses necessary for the Federal Mine Safety and Health Review
Commission (30 U.S.C. 801 et seq.), $7,774,000.
Institute of Museum and Library Services
For carrying out the Museum and Library Services Act of 1996,
$262,596,000, to remain available until expended: Provided, That of the
amount provided, $125,000 shall be awarded to the Alabama School of Math
and Science at the University of Alabama for technology upgrades and
library resources, $50,000 shall be awarded to the Alaska Moving Image
Preservation Association, Anchorage, Alaska, to digitize files/photos/
videos of Alaskan history, $25,000 shall be awarded to the Alex Haley
House Museum, Henning, Tennessee, for care and preservation of
collection, $500,000 shall be awarded to the Allen County Historical
Society, Lima, Ohio, for the ``Move Our Past Forward'' project to expand
and develop exhibits for their Children's Discovery Museum Center,
$75,000 shall be awarded to the Allentown Art Museum, Allentown,
[[Page 118 STAT. 268]]
Pennsylvania, for educational programming for school districts, $100,000
shall be awarded to the Alutiiq Museum, Kodiak, Alaska, to support
programs to teach students and adults how to develop traditional Native
arts, $200,000 shall be awarded to the American Village Citizenship
Trust, Montevallo, Alabama, for a national initiative for teaching
American history and civics, $100,000 shall be awarded to the Arab
Community Center for Economic and Social Services (ACCESS), Dearborn,
Michigan, for exhibits and museum programs, $100,000 shall be awarded to
the Ashland Community Arts Center, Ashland, Ohio, for Arts in Downtown
project, $75,000 shall be awarded to the Athenaeum of Philadelphia,
Philadelphia, Pennsylvania, to preserve library materials and access to
information in the form of digital images on the Internet, $500,000
shall be awarded to the Beth Medrash Govoha, Lakewood, New Jersey, for
equipment and exhibits for the Holocaust Library, $400,000 shall be
awarded to the Bishop Museum in Hawaii, for activities to preserve the
culture of Native Hawaiians, $400,000 shall be awarded to the Bishop
Museum in Hawaii to develop Native Hawaiian cultural projects in
collaboration with the Peabody Museum of Massachusetts and an Alaskan
museum, $900,000 shall be awarded to the Burpee Museum of Natural
History, Rockford, Illinois, for community outreach and educational
activities, $100,000 shall be awarded to the Campbell Center for
Historic Preservation Studies, Mount Carroll, Illinois, for community
outreach and program planning, $200,000 shall be awarded to the Chaldean
Community Culture Center, West Bloomfield, Michigan, for programs that
promote Chaldean language, history, culture and teacher training,
$250,000 shall be awarded to the Chapman University, Orange, California,
for technological infrastructure, $250,000 shall be awarded to the
Chartiers Valley Partnership, Inc., Carnegie, Pennsylvania, for
technological upgrades and educational programs at the Andrew Carnegie
Free Library, $113,000 shall be awarded to the Children's Museum at La
Habra, California, for a Hands On English Program, $144,000 shall be
awarded to the Children's Museum of History, Natural History, Science
and Technology, Utica, New York, for technology improvements, staffing
and training, $400,000 shall be awarded to the Cincinnati Museum Center
at Union Terminal, Cincinnati, Ohio, to develop and implement an
integrated curriculum that will utilize its resources in art, science,
and history when visiting the museum, $150,000 shall be awarded to the
City of Hemet, California, for Hemet Public Library, for library
materials and technological equipment, $387,000 shall be awarded to the
City of Whittier, California, for the Whittier Public Library Children's
Area and History Room, $250,000 shall be awarded to the Cleveland Health
Museum, Cleveland Ohio, for exhibits, $100,000 shall be awarded to the
College of Physicians of Philadelphia, Philadelphia, Pennsylvania, to
preserve medical library and art collection, $400,000 shall be awarded
to the Davenport Music History Museum in Davenport, Iowa, $75,000 shall
be awarded to the Delaware County Historical Society, Media,
Pennsylvania, for educational programs highlighting historical themes
and sites relating to Delaware County, $75,000 shall be awarded to the
East Stroudsburg University, East Stroudsburg, Pennsylvania, to preserve
and develop exhibits for their Vintage Radio Programs and Jazz Museum,
$100,000 shall be awarded to the Elmwood Zoo, Norristown, Pennsylvania,
for student education programs, $75,000 shall be awarded to the Erie
County,
[[Page 118 STAT. 269]]
Erie, Pennsylvania, for technology upgrades for the Erie County Library,
$100,000 shall be awarded to the Fender Museum of the Arts Foundation,
Corona, California, for the Kids Rock Free educational program, $200,000
shall be awarded to the Fine Arts Museums of San Francisco for the De
Young Museum's Art Education Program, $1,500,000 shall be awarded to the
Florida Holocaust Museum, St. Petersburg, Florida, for school outreach
program, $750,000 shall be awarded to the Florida International Museum,
St. Petersburg, Florida, for professional activities, $1,600,000 shall
be awarded to the Folger Library, Washington, D.C., for exhibits,
operations, and public programs including education and outreach,
$50,000 shall be awarded to the Forsyth County Public Library, Winston-
Salem, North Carolina, for salaries, supplies, personnel and materials,
$50,000 shall be awarded to the Gault Family Learning Center, Wooster,
Ohio, for PALS/Parenting Resource Center/Growing Together, $250,000
shall be awarded to the General George S. Patton Jr. National Museum of
Cavalry and Armor, Fort Knox, Kentucky, $500,000 shall be awarded to the
George C. Marshall Foundation in Lexington, Virginia, for exhibit design
and development and collection preservation, $500,000 shall be awarded
to the Grout Museum, Waterloo, Iowa, for exhibits and design of the
Sullivan Brothers Veterans Museum and Research Center, $200,000 shall be
awarded to the Heritage Harbor Museum of Providence, Rhode Island, for
exhibit design and development relating Rhode Island and American
history, $150,000 shall be awarded to the Hernando County Library
System, Florida, for technology improvements at West Hernando Branch
Library, Brooksville Main Library, Spring Hill Library, and East
Hernando Branch Library, $250,000 shall be awarded to the Hesperia
Community Library, Hesperia, California, $200,000 shall be awarded to
the Historical Society of Western Pennsylvania, Pittsburgh,
Pennsylvania, for exhibit and curriculum development for the Western
Pennsylvania Sports Museum at the Senator John Heinz Pittsburgh Regional
History Center, $150,000 shall be awarded to the Historical Society of
Western Pennsylvania, Pittsburgh, Pennsylvania, for exhibit design and
development for the Meadowcraft Museum of Rural Life, $250,000 shall be
awarded to the Idaho State University, Pocatello, Idaho, for a Virtual
Idaho Museum of Natural History project, $50,000 shall be awarded to the
Imaginarium Science Center, Anchorage, Alaska, to develop science
exhibits and distance delivery modules, $100,000 shall be awarded to the
International Museum of Women to develop exhibits on the history of
women's lives worldwide, $100,000 shall be awarded to the International
Storytelling Center, Jonesborough, Tennessee, $100,000 shall be awarded
to the James Ford Bell Museum of Natural History, Minneapolis,
Minnesota, to produce detailed exhibit design and development, $100,000
shall be awarded to the Kishacoquillas Valley Historical Society,
Allensville, Pennsylvania, for care and preservation of collection,
$100,000 shall be awarded to the Lafayette College, Easton,
Pennsylvania, for technology updates to the Skillman Library, $166,000
shall be awarded to the Madera County Resource Management Agency,
Madera, California, $21,000 shall be awarded to the Magic House,
Kirkwood, Missouri for the development and design of interactive
exhibits and software to be used within The Magic Library to support
family literacy, $100,000 shall be awarded to the Mary Meuser Memorial
Library, Easton, Pennsylvania, for library upgrades,
[[Page 118 STAT. 270]]
$250,000 shall be awarded to the Metropolitan Museum of Art, New York,
in conjunction with the Fairbanks Museum of Art and the Anchorage Museum
of History and Art, for costs of mounting the exhibit and for costs
associated with bringing the exhibit to Alaska, $350,000 shall be
awarded to the Michigan Space and Science Center, Jackson, Michigan, for
development of the strategic plan, operational costs and personnel,
$450,000 shall be awarded to the Mississippi Department of Archives and
History, Jackson, Mississippi, to complete the preservation and
restoration of the Eudora Welty House, $75,000 shall be awarded to the
Mobile Museum of Art, Mobile, Alabama, for equipment and supplies, and
for exhibit design and development, $100,000 shall be awarded to the
Morehouse College Library, Atlanta, Georgia, for historical preservation
of documents and records, $100,000 shall be awarded to the Mother Bethel
Foundation, Philadelphia, Pennsylvania, for care and preservation of
collection at the Richard Allen Museum, $225,000 shall be awarded to the
Museum of Aviation Foundation Inc., Warner Robins, Georgia, $250,000
shall be awarded to the Museum of Broadcast Communications, Chicago,
Illinois, for educational programming, $1,000,000 shall be awarded to
the Museum of Science in Boston, Massachusetts, for technology upgrades
and equipment for the National Center for Technology Literacy, $100,000
shall be awarded to the Mystic Seaport, the Museum of America and the
Sea, Mystic, Connecticut, to support collections, $50,000 shall be
awarded to the National Canal Museum, Easton, Pennsylvania, for
educational programming and exhibits on the use of transportation and
industrial technology along the Lehigh Canal, $400,000 shall be awarded
to the National Center for American Revolution, Wayne, Pennsylvania, for
exhibit design and curriculum development for the Museum of the American
Revolution at Valley Forge National Historic Park, $50,000 shall be
awarded to the National Center for the Study of Civil Rights and
African-American Culture, Alabama State University, Montgomery, Alabama,
for support of events leading into the 50th anniversary of the
Montgomery Bus Boycott, $500,000 shall be awarded to the National Civil
Rights Museum in Memphis for exhibit design and development, and for
educational programs, $16,000 shall be awarded to the National Distance
Running Hall of Fame, Utica, New York, for display cases and to
establish new interactive displays, $500,000 shall be awarded to the
National Liberty Museum, Philadelphia, Pennsylvania, for a teacher
training program to assist educators in addressing violence in schools,
$650,000 shall be awarded to the National Mississippi River Museum and
Aquarium in Dubuque, Iowa for exhibits, $200,000 shall be awarded to the
National Museum of American Jewish History, Philadelphia, Pennsylvania,
for online educational programming and technology modernization,
$1,000,000 shall be awarded to the National Museum of Women in the Arts,
Washington, D.C., $1,000,000 shall be awarded to the Native American
Cultural and Educational Authority, Oklahoma City, Oklahoma, for the
Oklahoma Native American Culture Center and Museum, to be expended only
upon meeting the matching requirements in title III, section
301(b)(2)(B) of Public Law 107-331, $300,000 shall be awarded to the
Negro Leagues Baseball Museum, Kansas City, Missouri, for exhibits for
the Double Play Action Center, $400,000 shall be awarded to the New York
Botanical Garden's Virtual Herbarium imaging project in Bronx, New York,
$900,000 shall be awarded to the New York
[[Page 118 STAT. 271]]
Hall of Science to develop, expand, and display science-related
educational materials, $420,000 shall be awarded to the Niagara County
Historical Society, Lockport, New York, to create a state-of-the-art
interpretive museum, $50,000 shall be awarded to the Northwest Museum of
Arts and Culture, Spokane, Washington, for the Star Nations Program,
$210,000 shall be awarded to the O. Winston Link Museum, Roanoke,
Virginia, for displays and digitization, $150,000 shall be awarded to
the Piper's Opera House Programs, Inc., Virginia City, Nevada, for
exhibit design and development, educational programming, and technology
modernization, $100,000 shall be awarded to the Pittsburgh Children's
Museum, Pittsburgh, Pennsylvania, to expand arts and after-school
programs for at-risk children, $50,000 shall be awarded to the Placer
County Library, Auburn, California, to enhance library collection
through the purchase of library materials, $977,000 shall be awarded to
the Plano Community Library District, Plano, Illinois, for expenses
related to the library, $725,000 shall be awarded to the Please Touch
Museum, Philadelphia, Pennsylvania, to develop educational programs
focusing on hands-on learning experiences, $100,000 shall be awarded to
the Plumas County Library, Quincy, California, for library materials,
$25,000 shall be awarded to the Putnam County Commissioners, Winfield,
West Virginia, for technology for the public library system in Putnam
County, $200,000 shall be awarded to the Rock and Roll Hall of Fame and
Museum, Cleveland, Ohio, for the Rockin' the Schools education program,
$50,000 shall be awarded to the Saint Tikhon's Theological Seminary,
South Canaan, Pennsylvania, for care and preservation of Russian
artifacts, $250,000 shall be awarded to the San Bernardino County, San
Bernardino, California, for the San Bernardino County Museum, $100,000
shall be awarded to the Serra Cooperative Library System, San Diego,
California, to provide Live Homework Help Project to help students with
expert tutors for real-time online instructions, $100,000 shall be
awarded to the Simon Wiesenthal Center's Los Angeles Museum for
Tolerance, Los Angeles, California, for the Tools for Tolerance for
Educators program to provide teacher training in diversity, tolerance
and cooperation, $25,000 shall be awarded to the Southern New Hampshire
Services, Inc., Manchester, New Hampshire, for exhibit acquisition for
SEE Science Center, $400,000 shall be awarded to the Speed Art Museum,
Louisville, Kentucky, $100,000 shall be awarded to the Standing Bear
Museum and Learning Center, Ponca City, Oklahoma, $1,000,000 shall be
awarded to the State Historical Society of Iowa in Des Moines, Iowa, for
the development of exhibits for the World Food Prize, $200,000 shall be
awarded to the Taft Museum of Art, Cincinnati, Ohio, for educational
programming and exhibits, $1,000,000 shall be awarded to the Tennessee
State University African American History Museum, Nashville, Tennessee,
to enhance the library facilities which will include new exhibits,
expanded archives, and research programs, $24,000 shall be awarded to
The Arts Guild of Old Forge, Old Forge, New York, for the new exhibits
spaces and educational programs, $50,000 shall be awarded to the Tifton-
Tift County Public Library, Tifton, Georgia, $60,000 shall be awarded to
the Tillamook County Library, Tillamook, Oregon, for design and
development of exhibits and educational programs, $100,000 shall be
awarded to the Town of Greece, Rochester, New York, for the Greece
Public Library Security program, $50,000 shall be awarded to the
Tuskegee
[[Page 118 STAT. 272]]
Multicultural Center, Tuskegee, Alabama, to provide for technology
enhancements and installation of exhibits, $400,000 shall be awarded to
the University of Idaho for digital archiving and preservation of
historically significant American music and facilitating its access to
students and scholars nationwide, $500,000 shall be awarded to the
Vietnam Archives Center at Texas Tech University, Lubbock, Texas, for
technology infrastructure, $250,000 shall be awarded to the Virginia
Historical Society, Richmond, Virginia, to assist with educational
programmatic development and for cataloging and archiving of business
history records, $100,000 shall be awarded to the Virginia Living Museum
for the expansion of its educational programs in its capital campaign
project, $100,000 shall be awarded to the Westminster College Library,
New Willmington, Pennsylvania, for technology upgrades and computers and
community programming, $600,000 shall be awarded to the WWII Victory
Memorial Museum, Auburn, Indiana, for interpretive dioramas, education,
research library and visual documentary, and $100,000 shall be awarded
to the Zimmer Children's Museum, Los Angeles, California, to expand the
youTHink education program.
Medicare Payment Advisory Commission
For expenses necessary to carry out section 1805 of the Social
Security Act, $9,300,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
National Commission on Libraries and Information Science
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public Law
91-345, as amended), $1,000,000.
National Council on Disability
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$3,039,000.
National Labor Relations Board
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $244,073,000:
Provided, That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used in
connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935
[[Page 118 STAT. 273]]
(29 U.S.C. 152), and as amended by the Labor-Management Relations Act,
1947, as amended, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition employees engaged
in the maintenance and operation of ditches, canals, reservoirs, and
waterways when maintained or operated on a mutual, nonprofit basis and
at least 95 percent of the water stored or supplied thereby is used for
farming purposes.
National Mediation Board
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $11,421,000.
Occupational Safety and Health Review Commission
For expenses necessary for the Occupational Safety and Health Review
Commission (29 U.S.C. 661), $9,863,000.
Railroad Retirement Board
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $119,000,000,
which shall include amounts becoming available in fiscal year 2004
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds $119,000,000:
Provided, That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in the fiscal
year.
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2005, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $101,300,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
[[Page 118 STAT. 274]]
Inspector General Act of 1978, as amended, not more than $6,600,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office.
Social Security Administration
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $21,658,000.
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$26,229,300,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2005, $12,590,000,000, to
remain available until expended.
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $15,000 for official reception and
representation expenses, not more than $8,241,800,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $1,800,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances of funds provided under this
paragraph at the end of fiscal year 2004 not needed for fiscal year 2004
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further, That
reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security
[[Page 118 STAT. 275]]
Administration pursuant to section 7131 of title 5, United States Code,
and for facilities or support services for labor organizations pursuant
to policies, regulations, or procedures referred to in section 7135(b)
of such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.
In addition, $120,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2004 exceed $120,000,000, the amounts shall be available in
fiscal year 2005 only to the extent provided in advance in
appropriations Acts.
From funds previously appropriated for this purpose, any unobligated
balances at the end of fiscal year 2003 shall be available to continue
Federal-State partnerships which will evaluate means to promote Medicare
buy-in programs targeted to elderly and disabled individuals under
titles XVIII and XIX of the Social Security Act.
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $24,500,000, together with not to exceed $63,700,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, That notice of such transfers shall
be transmitted promptly to the Committees on Appropriations of the House
and Senate.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $17,200,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
[[Page 118 STAT. 276]]
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Salaries and expenses,
Federal Mediation and Conciliation Service''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $5,000 from funds
available for ``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection of
any illegal drug.
Sec. 506. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds made
available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
(c) If it has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 507. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal money; (2)
the dollar amount of Federal funds for the project or program; and (3)
percentage and dollar amount of the total costs of the project or
program that will be financed by non-governmental sources.
[[Page 118 STAT. 277]]
Sec. 508. (a) <<NOTE: Abortions.>> None of the funds appropriated
under this Act, and none of the funds in any trust fund to which funds
are appropriated under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the
funds in any trust fund to which funds are appropriated under this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
Sec. 510. (a) None of the funds made available in this Act may be
used for--
(1) <<NOTE: Embryos.>> the creation of a human embryo or
embryos for research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 511. (a) <<NOTE: Drugs and drug abuse.>> None of the funds made
available in this Act may be used for any activity that promotes the
legalization of any drug or other substance included in schedule I of
the schedules of controlled substances established by section 202 of the
Controlled Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 512. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
[[Page 118 STAT. 278]]
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 513. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
Sec. 514. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 515. (a) In General.--Amounts made available under this Act for
the administrative and related expenses for departmental management for
the Department of Labor, the Department of Health and Human Services,
and the Department of Education shall be reduced on a pro rata basis by
$50,000,000: Provided, That not later
than <<NOTE: Deadline. Reports.>> 15 days after the enactment of this
Act, the Director of the Office of Management and Budget shall report to
the House and Senate Committees on Appropriations the accounts subject
to the pro rata reductions and the amount to be reduced in each account.
(b) Limitation.--The reduction required by subsection (a) shall not
apply to the Food and Drug Administration and the Indian Health Service.
Sec. 516. None of the funds made available by this Act to carry out
the Library Services and Technology Act may be made available to any
library covered by paragraph (1) of section 224(f) of such Act (20
U.S.C. 9134(f)), as amended by the Children's Internet Protections Act,
unless such library has made the certifications required by paragraph
(4) of such section.
Sec. 517. None of the funds made available by this Act to carry out
part D of title II of the Elementary and Secondary Education Act of 1965
may be made available to any elementary or secondary school covered by
paragraph (1) of section 2441(a) of such Act (20 U.S.C. 6777(a)), as
amended by the Children's Internet Protections Act and the No Child Left
Behind Act, unless the local educational agency with responsibility for
such covered school has made the certifications required by paragraph
(2) of such section.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2004''.
[[Page 118 STAT. 279]]
DIVISION F--DEPARTMENTS <<NOTE: Transportation, Treasury, and
Independent Agencies Appropriations Act, 2004.>> OF TRANSPORTATION AND
TREASURY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004
An Act
Making appropriations for the Departments of Transportation and
Treasury, and independent agencies for the fiscal year ending September
30, 2004, and for other purposes.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation and Treasury and independent agencies for the fiscal year
ending September 30, 2004, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
For necessary expenses of the Office of the Secretary, $80,903,000,
of which not to exceed $2,210,000 shall be available for the immediate
Office of the Secretary; not to exceed $700,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $15,403,000
shall be available for the Office of the General Counsel; not to exceed
$12,312,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $8,536,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,300,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $24,612,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $1,915,000 shall be available for the Office of Public
Affairs; not to exceed $1,447,000 shall be available for the Office of
the Executive Secretariat; not to exceed $700,000 shall be available for
the Board of Contract Appeals; not to exceed $1,268,000 shall be
available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $2,000,000 for the Office of Intelligence and
Security; and not to exceed $7,500,000 shall be available for the Office
of the Chief Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated for any
office of the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent by all such
transfers: Provided further, That any change in funding greater than 5
percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That not to exceed
$60,000 shall be for allocation within the Department for official
reception and representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of law,
excluding
[[Page 118 STAT. 280]]
fees authorized in Public Law 107-71, there may be credited to this
appropriation up to $2,500,000 in funds received in user fees: Provided
further, That none of the funds provided in this Act shall be available
for the position of Assistant Secretary for Public Affairs.
For necessary expenses of the Office of Civil Rights, $8,569,000.
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $20,864,000.
Necessary expenses for operating costs and capital outlays of the
Working Capital Fund, not to exceed $116,715,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further, That
the above limitation on operating expenses shall not apply to non-DOT
entities: Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working Capital
Fund without the approval of the agency modal administrator: Provided
further, That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless notice of
such assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such Committees.
For the cost of guaranteed loans, $500,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $400,000.
For necessary expenses of Minority Business Resource Center outreach
activities, $3,000,000, to remain available until September 30, 2005:
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used
for business opportunities related to any mode of transportation.
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C.
[[Page 118 STAT. 281]]
41731 through 41742, $52,000,000, to be derived from the Airport and
Airway Trust Fund, to remain available until expended.
Federal Aviation Administration
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 104-264,
$7,530,925,000, of which $4,500,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $6,053,724,000
shall be available for air traffic services program activities; not to
exceed $880,684,000 shall be available for aviation regulation and
certification program activities; not to exceed $218,481,000 shall be
available for research and acquisition program activities; not to exceed
$11,776,000 shall be available for commercial space transportation
program activities; not to exceed $49,783,000 shall be available for
financial services program activities; not to exceed $76,529,000 shall
be available for human resources program activities; not to exceed
$86,749,000 shall be available for regional coordination program
activities; not to exceed $143,150,000 shall be available for staff
offices; and not to exceed $29,681,000 shall be available for
information services: Provided, That none of the funds in this Act shall
be available for the Federal Aviation Administration to finalize or
implement any regulation that would promulgate new aviation user fees
not specifically authorized by law after the date of the enactment of
this Act: Provided further, That there may be credited to this
appropriation funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources, for
expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not less
than $6,500,000 shall be for the contract tower cost-sharing program:
Provided further, That funds may be used to enter into a grant agreement
with a nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further, That none of
the funds in this Act shall be available for new applicants for the
second career training program: Provided further, That none of the funds
in this Act shall be available for paying premium pay under 5 U.S.C.
5546(a) to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay: Provided further, That none of the funds in this Act may be
obligated or expended to operate a manned auxiliary flight service
station in the contiguous United States: Provided further, That none of
the funds in this Act for aeronautical charting and cartography are
available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That of the
[[Page 118 STAT. 282]]
amount appropriated under this heading, not to exceed $50,000 may be
transferred to the Aircraft Loan Purchase Guarantee Program: Provided
further, <<NOTE: Deadline. Regulations. 5 USC 8335 note. Facilities and
Equipment (airport and airway trust fund)>> That not later than March 1,
2004, the Secretary of Transportation, in consultation with the
Administrator of the Federal Aviation Administration, shall issue final
regulations, pursuant to 5 U.S.C. 8335, establishing an exemption
process allowing individual air traffic controllers to delay mandatory
retirement until the employee reaches no later than 61 years of age:
Provided further, That of the funds provided under this heading,
$4,000,000 is available only for recruitment, personnel compensation and
benefits, and related costs to raise the level of operational air
traffic control supervisors to the level of 1,726: Provided further,
That none of the funds in this Act may be obligated or expended to
execute or continue to implement a memorandum of understanding or
memorandum of agreement (or any revisions thereto) with representatives
of any FAA bargaining unit after January 1, 2004, unless such document
is filed in a central registry and catalogued in an automated,
searchable database under the executive direction of appropriate
management representatives at FAA headquarters: Provided further, That
none of the funds in this Act may be obligated or expended for an
employee of the Federal Aviation Administration to purchase a store gift
card or gift certificate through use of a Government-issued credit card.
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of air navigation and experimental facilities and
equipment, as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of necessary sites by
lease or grant; engineering and service testing, including construction
of test facilities and acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related accommodations for
officers and employees of the Federal Aviation Administration stationed
at remote localities where such accommodations are not available; and
the purchase, lease, or transfer of aircraft from funds available under
this heading; to be derived from the Airport and Airway Trust Fund,
$2,910,000,000, of which $2,489,158,800 shall remain available until
September 30, 2006, and of which $420,841,200 shall remain available
until September 30, 2004: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment and modernization of air navigation facilities:
Provided further, That upon initial submission to the Congress of the
fiscal year 2005 President's budget, the Secretary of Transportation
shall transmit to the Congress a comprehensive capital investment plan
for the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2005 through 2009, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget:
Provided further, That of the funds provided under this heading, not
less than $3,000,000 is for contract audit services provided by the
Defense Contract Audit Agency: Provided further, That of the funds
[[Page 118 STAT. 283]]
provided under this heading, $25,000,000 is available only for the
Houston Area Air Traffic System.
Of the available balances under this heading, $30,000,000 are
rescinded.
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$119,439,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2006: Provided, That there may
be credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for research, engineering, and development.
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,400,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,400,000,000 in fiscal year 2004, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any other
provision of law, not more than $66,254,000 of funds limited under this
heading shall be obligated for administration and not less than
$20,000,000 shall be for the Small Community Air Service Development
Pilot Program.
[[Page 118 STAT. 284]]
Sec. 101. <<NOTE: 49 USC 44502 note.>> Notwithstanding any other
provision of law, airports may transfer, without consideration, to the
Federal Aviation Administration (FAA) instrument landing systems (along
with associated approach lighting equipment and runway visual range
equipment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-aid program,
airport development aid program or airport improvement program grant:
Provided, That, the Federal Aviation Administration shall accept such
equipment, which shall thereafter be operated and maintained by FAA in
accordance with agency criteria.
Sec. 102. None of the funds in this Act may be used to compensate in
excess of 350 technical staff-years under the federally funded research
and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2004.
Sec. 103. None of the funds made available in this Act may be used
for engineering work related to an additional runway at Louis Armstrong
New Orleans International Airport.
Sec. 104. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities.
Sec. 105. For an airport project that the Administrator of the
Federal Aviation Administration (FAA) determines will add critical
airport capacity to the national air transportation system, the
Administrator is authorized to accept funds from an airport sponsor,
including entitlement funds provided under the ``Grants-in-Aid for
Airports'' program, for the FAA to hire additional staff or obtain the
services of consultants: Provided, That the Administrator is authorized
to accept and utilize such funds only for the purpose of facilitating
the timely processing, review, and completion of environmental
activities associated with such project.
Sec. 106. None of the funds appropriated or limited by this Act may
be used to change weight restrictions or prior permission rules at
Teterboro Airport in Teterboro, New Jersey.
Sec. 107. None of the funds appropriated or otherwise made available
by this Act may be obligated or expended to establish or implement a
pilot program under which not more than 10 designated essential air
service communities located in proximity to hub airports are required to
assume 10 percent of their essential air subsidy costs for a 4-year
period, commonly referred to as the EAS local participation program.
Sec. 108. Notwithstanding any other provision of law, the costs of
construction of terminal and hangar buildings are allowable for an
airport development project at Somerset-Pulaski County Airport-J.T.
Wilson Field, Kentucky, and at Pryor Field Regional Airport, Decatur,
Alabama, under chapter 471 of title 49, United States Code.
[[Page 118 STAT. 285]]
Federal Highway Administration
Necessary expenses for administration and operation of the Federal
Highway Administration, not to exceed $337,604,000, shall be paid in
accordance with law from appropriations made available by this Act to
the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration: Provided,
That of the funds available under section 104(a)(1)(A) of title 23,
United States Code, $7,000,000 shall be available for environmental
streamlining activities, which may include making grants to, or entering
into contracts, cooperative agreements, and other transactions, with a
Federal agency, State agency, local agency, authority, association, non-
profit or for-profit corporation, or institution of higher education.
None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be
available for the implementation or execution of programs, the
obligations for which are in excess of $33,843,000,000 for Federal-aid
highways and highway safety construction programs for fiscal year 2004:
Provided, That within the $33,843,000,000 obligation limitation on
Federal-aid highways and highway safety construction programs, not more
than $462,500,000 shall be available for the implementation or execution
of programs for transportation research (sections 502, 503, 504, 506,
507, and 508 of title 23, United States Code, as amended; section 5505
of title 49, United States Code, as amended; and sections 5112 and 5204-
5209 of Public Law 105-178) for fiscal year 2004: Provided further, That
this limitation on transportation research programs shall not apply to
any authority previously made available for obligation: Provided
further, That within the $232,000,000 obligation limitation on
Intelligent Transportation Systems, the following sums shall be made
available for Intelligent Transportation System projects that are
designed to achieve the goals and purposes set forth in section 5203 of
the Intelligent Transportation Systems Act of 1998 (subtitle C of title
V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the
following specified areas:
City of Huntsville, Alabama, ITS, $4,500,000;
511 Traveler Information Program in North Carolina,
$400,000;
Advanced Ticket Collection and Passenger Information
Systems, New Jersey, $750,000;
Advanced Traffic Analysis Center, North Dakota, $200,000;
Advanced Transportation Management Systems (ATMS),
Montgomery County, Maryland, $500,000;
Alameda Corridor-East Gateway to America Project Phase II,
Los Angeles, California, $1,200,000;
Alexandria ITS Real-Time Transit Enhancement Pilot Project,
$410,000;
Altarum Restricted Use Technology Study, $1,750,000;
Altoona, Pennsylvania, ITS, $800,000;
Amber Alert Multi-Regional Strategic Plan, $400,000;
[[Page 118 STAT. 286]]
ATR Transportation Technology/CVISN, New Mexico, $175,000;
Auburn, Auburn Way South ITS, Washington, $1,600,000;
Bay County Area Wide Traffic Signal System, $750,000;
Cargo Watch Logistics Information System, New York,
$2,500,000;
Carson Passenger Information System, $300,000;
CCTA Intelligent Transportation Systems, Vermont, $300,000;
City of Baltimore, Maryland Traffic Congestion Management,
$200,000;
City of Boston Intelligent Transportation Systems,
Massachusetts, $1,000,000;
City of New Rochelle, NY Traffic Signal Replacement Program,
$500,000;
City of Santa Rosa, Intelligent Transportation System,
$300,000;
Clark County Transit, VAST ITS, Washington, $1,600,000;
Computerization of traffic signals in Ashtabula, Ohio,
$14,000;
Corona City-wide automated traffic management system,
$1,000,000;
DelTrac Statewide Integration, Delaware, $1,000,000;
Demonstration project to deploy Geospatial Emergency &
Response System (GEARS) for transportation, $150,000;
Detroit Metro Airport ITS, $350,000;
DuPage County Signal Interconnection Project, $300,000;
Elk Grove Traffic Operations Center, $960,000;
Fairfax County Route 1 Traffic Synchronization ITS Pilot
Project, $500,000;
FAST Las Vegas (ITS--Phase 2)--Construction, $300,000;
Fiber Optic Signal Interconnect System, Tuscon, Arizona,
$3,500,000;
George Washington University, Virginia Campus, $500,000;
Germantown Parkway ITS Project, Tennessee, $3,000,000;
GMU ITS Research, Virginia, $500,000;
Great Lakes ITS, Michigan, $3,000,000;
Greater Philadelphia Chamber of Commerce ITS System,
Pennsylvania, $1,500,000;
Harbor Boulevard Intelligent Transportation, $800,000;
Hawthorne Street Public Access Improvements, New Bedford,
Massachusetts, $150,000;
Hillsborough Area Regional Transit: Bus Tracking,
Communication and Security, Florida, $750,000;
Houma, Louisiana, $1,250,000;
Houston ITS, $1,500,000;
I-70 Incident Management Plan Implementation, Colorado,
$2,500,000;
I-87 Highway Speed E-Z Pass at the Woodbury Toll Barrier,
$1,750,000;
I-87 Smart Corridor, $1,000,000;
I-90 Phase 2 Connector ITS Testbed--Town of North
Greenbush--Rensselaer County, New York, $200,000;
Illinois Statewide ITS, $3,000,000;
Implementation of Wisconsin DOT's Fiber Optics Network,
$1,000,000;
[[Page 118 STAT. 287]]
Integration and Implementation of DYNASMART-X, RHODES and
CLAIRE in Houston, Texas, $500,000;
Intelligent Transportation System (Kansas City metro area),
$200,000;
Intelligent Transportation Systems--Phases II and III, Ohio,
$700,000;
Intelligent Transportation Systems Deployment Project,
Inglewood, California, $500,000;
Intelligent Transportation Systems, City of Wichita Transit
Authority, $750,000;
Intelligent Transportation Systems, Statewide and Commercial
Vehicle Information Systems Network, Maryland, $750,000;
Intelligent Transportation Systems, Washington, D.C. Region,
$500,000;
Intersection Signalization Project for the City of Virginia
Beach, Virginia, $500,000;
Iowa Transportation Systems, $750,000;
ITS Baton Rouge, Louisiana, $1,250,000;
ITS Expansion in Davis and Utah Counties, Utah, $1,250,000;
ITS Logistics and Systems Management for the Gateway Cities,
$250,000;
ITS Technologies, San Antonio, Texas, $200,000;
ITS, Cache Valley, Utah, $1,000,000;
Jacksonville Transportation Authority, Intelligent
Transportation Initiative--Regional Planning, Florida, $750,000;
King County, County-wide Signal Program, Washington,
$1,500,000;
Lincoln, Nebraska StarTran Automatic Vehicle Locator System,
$1,000,000;
Los Angeles MTA Regional Universal Fare System, $500,000;
Macomb County ITS Integration, Michigan, $600,000;
Maine Statewide ITS, $1,000,000;
Market Street Signalization Improvements, $100,000;
MARTA Automated Fare Collection/Smart Card System, Georgia,
$700,000;
Metrolina Transportation Management Center, $1,750,000;
Mid-America Surface Transportation Water Research Institute,
North Dakota, $500,000;
Minnesota Guidestar, $1,250,000;
Missouri Statewide Rural ITS, $4,000,000;
Mobile Data Computer Network Phase II (MDCN), Wisconsin,
$2,200,000;
Monroe County ATMS ITS Deployment Project, $800,000;
Montachusett Area Regional Transit (MART) AVLS,
Massachusetts, $240,000;
Multi Region Advanced Traveler Information System (ATIS) for
the IH-20 Corridor--Phase 1 in Texas, $550,000;
Nebraska Statewide Intelligent Transportation System
Deployment, $1,000,000;
New York State Thruway Authority Traffic Operation Package
for I-95 and I-87, $1,676,000;
North Bergen, New Jersey Traffic Signalization Replacement,
$1,000,000;
[[Page 118 STAT. 288]]
Oklahoma Statewide ITS, $4,000,000;
Palm Tran, Palm Beach County, Florida--Automated Vehicle
Location and Mobile Data Terminals, $1,000,000;
Portland State University Intelligent Transportation
Research Initiative, $400,000;
Program of Projects, Washington, $2,000,000;
Project Hoosier SAFE-T, $2,000,000;
Real Time Transit Passenger Information System for the
Prince George's County Dept. of Public Works, Maryland,
$1,000,000;
Regional Intelligent Transportation System, Springfield,
Missouri, $2,000,000;
Regional ITS Architecture and Deployment Plan for the Eagle
Pass Region and Integrate with Laredo, $300,000;
Roosevelt Boulevard ITS Enhancement Pilot Program, $750,000;
Rural Freeway Management System Implementation for the IH-20
Corridor in the Tyler Region--Phase 1, $200,000;
Sacramento Area Council of Governments--ITS Projects,
California, $1,175,000;
San Diego Joint Transportation Operations Center, $400,000;
Seacoast Intelligent Transportation System Congestion Relief
Project, $1,000,000;
Seattle City Center ITS, Washington, $2,500,000;
Shreveport Intelligent Transportation System, Louisiana,
$1,000,000;
South Carolina DOT Inroads Intelligent Transportation
System, $3,500,000;
Spotswood Township, NJ; Expand and improve traffic flow with
road improvements, $250,000;
SR 924 ITS Integration Project, $1,000,000;
SR 112 ITS Integration Project, $300,000;
Statewide AVL Initiative, Nebraska, $300,000;
Swatara Township, Pennsylvania--Traffic Signalization
Improvements, $100,000;
TalTran ITS Smartbus Program, Florida, $1,750,000;
Texas Medical Center EMS Early Warning Transportation
System, $1,000,000;
Texas Statewide ITS Deployment and Integration, City of
Lubbock, $400,000;
Texas Statewide ITS Deployment and Integration, Port of
Galveston, $400,000;
Town of Cary Computerized Traffic Signal Project, North
Carolina, $800,000;
Traffic Signal Controllers & Cabinets, District of Columbia,
$400,000;
TRANSCOM Regional Architecture & TRANSMIT project, NJ, NY, &
CT, $500,000;
Transportation Research Center (TRC) for Freight, Trade,
Security, and Economic Strength, Georgia, $500,000;
Tukwila, Signalization Interconnect and Intelligent
Transportation, Washington, $1,400,000;
Twin Cities, Minnesota Redundant Communications Pilot,
$1,000,000;
Tysons Transportation Association--ITS, $250,000;
University of Kentucky Transportation Center, $1,000,000;
[[Page 118 STAT. 289]]
Ventura County Intelligent Transportation System,
$1,000,000;
West Baton Rouge Parish Joint Operations Emergency
Communications Center, $800,000;
Wisconsin CVISN Level One Deployment, $800,000; and
Wyoming Statewide ITS Initiative, $4,000,000.
Notwithstanding any other provision of law, for carrying out the
provisions of title 23, United States Code, that are attributable to
Federal-aid highways, including the National Scenic and Recreational
Highway as authorized by 23 U.S.C. 148, not otherwise provided,
including reimbursement for sums expended pursuant to the provisions of
23 U.S.C. 308, $34,000,000,000 or so much thereof as may be available in
and derived from the Highway Trust Fund, to remain available until
expended.
Notwithstanding any other provision of law, from the available
unobligated balances under the programs for which funds are authorized
under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4), and
1101(a)(5) of Public Law 105-178, as amended, $15,000,000 shall be made
available for planning and design activities, and initiation of
construction of the project at Pennsylvania Avenue in front of the White
House; $20,000,000 shall be made available to provide grants to States
for the development or enhancement of notification or communications
systems along highways for alerts and other information for the recovery
of abducted children under section 303 of Public Law 108-21; $8,000,000
shall be made available to the Federal Motor Carrier Safety
Administration to make grants to States for implementation of section
210 of Public Law 106-159; $3,500,000 shall be made available to the
Federal Motor Carrier Safety Administration for necessary operating
expenses and personnel for implementation of section 210 of Public Law
106-159; $23,000,000 shall be made available to the Federal Motor
Carrier Safety Administration to make grants to States for southern
border State operations for the purposes described in 49 U.S.C.
31104(f)(2)(B); $9,000,000 shall be made available to the Federal Motor
Carrier Safety Administration to make grants to States for northern
border truck inspections; $21,000,000 shall be made available to the
Federal Motor Carrier Safety Administration to make grants to States,
local governments, or other entities for commercial driver's license
program improvements; $47,000,000 shall be made available to make grants
to States for construction of State border safety inspection facilities
at the United States border with Mexico; and $150,545,000 shall be made
available to the National Highway Traffic Safety Administration for
expenses necessary to discharge the functions of the Secretary, with
respect to traffic and highway safety under chapter
[[Page 118 STAT. 290]]
301 of title 49, United States Code, and part C of subtitle VI of title
49, United States Code: Provided, That funds shall be made available
from a State's available unobligated balances in the programs funded
under sections 1101(a)(1) through (5) of Public Law 105-178, as amended,
in the ratio that the State's total amount of funds apportioned under
such programs for fiscal year 2003 bears to the total amount of funds
apportioned to all States under such programs: Provided further, That
the funds made available under this heading may be transferred by the
Secretary to another Federal agency, such funds to be then administered
by the procedures of the Federal agency to which such funds are
transferred: Provided further, That none of the funds provided to the
National Highway Traffic Safety Administration may be obligated or
expended to plan, finalize, or implement any rulemaking to add to
section 575.104 of title 49, Code of Federal Regulations any requirement
pertaining to a grading standard that is different from the three
grading standards (treadwear, traction, and temperature resistance)
already in effect: Provided further, That all funds made available for
obligation under this heading shall be available in the same manner as
though such funds were apportioned under chapter 1 of title 23, United
States Code, except that the Federal share payable on account of any
program, project, or activity carried out with funds made available
under this heading shall be 100 percent and such funds shall remain
available for obligation until expended: Provided further, That all
funds made available under this heading shall be subject to any
limitation on obligations for Federal-aid highways and highway safety
construction programs set forth in this Act or any other Act.
Federal-Aid Highways
Of the unobligated balances of funds apportioned to each State under
the program authorized under sections 1101(a)(1), 1101(a)(2),
1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105-178, as
amended, $207,000,000 are rescinded.
For necessary expenses for the Appalachian Development Highway
System as authorized under section 1069(y) of Public Law 102-240, as
amended, $125,000,000, to remain available until expended.
Sec. 110. (a) <<NOTE: 23 USC 104 note.>> For fiscal year 2004, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid Highways amounts authorized for administrative
expenses and programs funded from the administrative takedown
authorized by section 104(a)(1)(A) of title 23, United States
Code, for the highway use tax evasion program, for the Bureau of
Transportation Statistics and for the programs, projects, and
activities for which funds are made available under the heading
[[Page 118 STAT. 291]]
``Federal-Aid Highways, Miscellaneous Highway and Highway Safety
Programs'' in this Act;
(2) not distribute an amount from the obligation limitation
for Federal-aid Highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for the prior fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
Highways less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway safety
construction programs (other than sums authorized to be
appropriated for sections set forth in paragraphs (1)
through (7) of subsection (b) and sums authorized to be
appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection
(b)(8)) for such fiscal year less the aggregate of the
amounts not distributed under paragraph (1) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
Highways less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 201 of the Appalachian
Regional Development Act of 1965 and $2,000,000,000 for such
fiscal year under section 105 of title 23, United States Code
(relating to minimum guarantee) so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for such
section (except in the case of section 105, $2,000,000,000) for
such fiscal year;
(5) distribute the obligation limitation provided for
Federal-aid Highways less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4) for each of the programs that are allocated by the
Secretary under title 23, United States Code (other than
activities to which paragraph (1) applies and programs to which
paragraph (4) applies) by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for such
program for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid Highways less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5) for Federal-aid highways and highway
safety construction programs (other than the minimum guarantee
program, but only to the extent that amounts apportioned for the
minimum guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway system
program) that are apportioned by the Secretary under title 23,
United States Code, in the ratio that--
(A) sums authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the sums authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
[[Page 118 STAT. 292]]
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid Highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section 147
of the Surface Transportation Assistance Act of 1978; (3) under section
9 of the Federal-Aid Highway Act of 1981; (4) under sections 131(b) and
131(j) of the Surface Transportation Assistance Act of 1982; (5) under
sections 149(b) and 149(c) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987; (6) under sections 1103 through 1108
of the Intermodal Surface Transportation Efficiency Act of 1991; (7)
under section 157 of title 23, United States Code, as in effect on the
day before the date of the enactment of the Transportation Equity Act
for the 21st Century; (8) under section 105 of title 23, United States
Code (but, only in an amount equal to $639,000,000 for such fiscal
year); and for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act for the
21st Century or subsequent public laws for multiple years or to remain
available until used, but only to the extent that such obligation
authority has not lapsed or been used.
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall after August 1 for such fiscal year
revise a distribution of the obligation limitation made available under
subsection (a) if a State will not obligate the amount distributed
during that fiscal year and redistribute sufficient amounts to those
States able to obligate amounts in addition to those previously
distributed during that fiscal year giving priority to those States
having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code, section 160 (as in effect
on the day before the enactment of the Transportation Equity Act for the
21st Century) of title 23, United States Code, and under section 1015 of
the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1943-1945).
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, except that obligation authority made available
for such programs under such limitation shall remain available for a
period of 3 fiscal years.
(e) Redistribution <<NOTE: Deadline.>> of Certain Authorized
Funds.--Not later than 30 days after the date of the distribution of
obligation limitation under subsection (a), the Secretary shall
distribute to the States any funds: (1) that are authorized to be
appropriated for such fiscal year for Federal-aid highways programs
(other than the program under section 160 of title 23, United States
Code) and for carrying out subchapter I of chapter 311 of title 49,
United States Code, and highway-related programs under chapter 4 of
title 23, United States Code; and (2) that the Secretary determines will
not be allocated to the States, and will not be available for
obligation, in such fiscal year due to the imposition of any obligation
limitation for such fiscal year. Such distribution to the States shall
be made in the same ratio as the distribution of obligation authority
under subsection (a)(6). The funds so distributed shall be available for
any purposes described in section 133(b) of title 23, United States
Code.
(f) Special Rule.--Obligation limitation distributed for a fiscal
year under subsection (a)(4) of this section for a section set forth
[[Page 118 STAT. 293]]
in subsection (a)(4) shall remain available until used and shall be in
addition to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs for future
fiscal years.
(g) Of the obligation authority distributed to a State under
subsection (a)(6), an amount of obligation authority equal to the amount
for each surface transportation project in such State identified in
section 115 of the statement of managers accompanying this Act shall be
available for carrying out each project.
(h) The obligation limitation made available for the programs,
projects, and activities for which funds are made available under the
heading ``Federal-Aid Highways, Miscellaneous Highway and Highway Safety
Program'' of this Act shall remain available until used and shall be in
addition to the amount of any limitation imposed on obligations for
Federal-aid highway and highway safety construction programs for future
fiscal years.
Sec. 111. Notwithstanding any other provision of law:
(1) Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 191; 115 Stat.
871) is amended--
(A) in paragraph (42), by striking ``Fulton,
Mississippi,'' the first time that it appears and all
that follows to the end of the paragraph and inserting
``Fulton, Mississippi.''; and
(B) by adding at the end the following:
``(45) The United States Route 78 Corridor from Memphis,
Tennessee, to Corridor X of the Appalachian development highway
system near Fulton, Mississippi, and Corridor X of the
Appalachian development highway system extending from near
Fulton, Mississippi, to near Birmingham, Alabama.''.
(2) Section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032; 115 Stat.
872) is amended--
(A) in subparagraph (A) by striking ``(A) In
general.--The portions'' and all that follows through
the end of the first sentence and inserting:
``(A) In general.--The portions of the routes
referred to in subsection (c)(1), subsection (c)(3)
(relating solely to the Kentucky Corridor), clauses (i),
(ii), and (except with respect to Georgetown County)
(iii) of subsection (c)(5)(B), subsection (c)(9),
subsections (c)(18) and (c)(20), subsection (c)(36),
subsection (c)(37), subsection (c)(40), subsection
(c)(42), and subsection (c)(45) that are not a part of
the Interstate System are designated as future parts of
the Interstate System.''; and
(B) by adding the following at the end of
subparagraph (B)(i): ``The route referred to in
subsection (c)(45) is designated as Interstate Route I-
22.''.
Sec. 112. Notwithstanding any other provision of law, in section
1602 of the <<NOTE: 112 Stat. 256.>> Transportation Equity Act for the
21st Century:
(1) Item number 230 is amended by striking ``Monroe County
transportation improvements on Long Pond Road, Pattonwood Road,
and Lyell road'' and inserting ``Route 531/Brockport-Rochester
Corridor in Monroe County, New York''.
(2) Item number 1149 is amended by striking ``Traffic
Mitigation Project on William Street and Losson Road in
Cheektowaga'' and inserting ``Study and implement mitigation
[[Page 118 STAT. 294]]
and diversion options for William Street and Broadway Street in
Cheektowaga, I-90 Corridor Study; Interchange 53 to Interchange
49, PIN 552830 and Cheektowaga Rails to Trails, PIN 575508''.
(3) Item number 476 is amended by striking ``Expand Perkins
Road in Baton Rouge'' and inserting ``Feasibility study, design,
and construction of a connector between Louisiana Highway 1026
and I-12 in Livingston Parish''.
(4) Item 4 of the table contained in section 1602 of the
Transportation Equity Act for the 21st Century, relating to
construction of a bike path in Michigan, is amended by striking
``between Mount Clemens and New Baltimore'' and inserting ``for
the Macomb Orchard Trail in Macomb County''.
(5) Item number 1077 is amended by striking ``Construct I-
95-I-26 interchange, Orangeburg Co'' and inserting ``Expand
Transportation Research Center, South Carolina State University,
Orangeburg, SC''.
(6) Item number 897 is amended by striking ``Upgrade Bishop
Ford Expressway/142nd St. interchange'' and inserting ``Road
upgrade and access road near the intersection of I-80 and I-57
in Country Club Hills, Illinois''.
(7) Item number 436 is amended by inserting after ``Ohio
River Major Investment Study Project, Kentucky and Indiana'' the
following: ``, and preliminary engineering and right of way
acquisition associated with the project''.
Sec. 113. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be subject to
the obligation limitation for Federal-aid highways and highway safety
construction.
Sec. 114. Intelligent Transportation Systems appropriations made to
the State of Wisconsin in Public Law 105-277, Public Law 106-69, and
Public Law 107-87 shall not be subject to the limitations of Public Law
105-178, section 5208(d), 23 U.S.C. 502 note.
Sec. 115. Notwithstanding any other provision of law, from the
available unobligated balances under the programs for which funds are
authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3),
1101(a)(4), and 1101(a)(5) of Public Law 105-178, as amended, of each
State for which a project or projects in such State identified under
this section in the statement of managers accompanying this Act shall be
made available for necessary expenses to carry out such project:
Provided, That the amount identified for each such project shall be made
available from the State's unobligated balance in any of the five
specified programs for which the project would be eligible, such
selection to be at the option of the State: Provided further, That if a
project is not otherwise eligible for funding under one of the five
programs, then such project shall be deemed eligible and shall be funded
from the unobligated balance of funds made available for the program for
which funds are authorized under section 1101(a)(4) of Public Law 105-
178, as amended, but not including funds setaside pursuant to section
133(d) of title 23, United States Code: Provided further, That funds
made available under this section may, at the request of a State, be
transferred by the Secretary to another
[[Page 118 STAT. 295]]
Federal agency to carry out a project funded under this section, such
funds to be then administered by the procedures of the Federal agency to
which such funds may be transferred: Provided further, That all funds
made available for obligation under this section shall be available in
the same manner as though such funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share payable on
account of any program, project, or activity carried out with funds made
available under this heading shall be 100 percent and such funds shall
remain available for obligation until expended: Provided further, That
all funds made available in this section shall be subject to any
limitation on obligations for Federal-aid highways and highway safety
construction programs set forth in this Act or any other Act.
Sec. 116. <<NOTE: Wisconsin.>> Notwithstanding Public Law 105-178,
section 5208(d), Intelligent Transportation Systems appropriations for--
(1) Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, in
Public Law 105-277 and Public Law 106-69 shall be available for
use in the counties of Ashland, Barron, Bayfield, Burnett,
Chippewa, Douglas, Iron, Lincoln, Marathon, Polk, Portage,
Price, Rusk, Sawyer, Taylor, Washburn, Wood, Clark, Langlade,
and Oneida; and
(2) the City of Superior and Douglas County, Wisconsin, in
Public Law 106-69 shall be available for use in the City of
Superior and northern Wisconsin.
Sec. <<NOTE: Contracts. Nevada. Arizona.>> 117. (a) In General.--As
soon as practicable after the date of enactment of this Act, the
Secretary of Transportation shall enter into an agreement with the State
of Nevada, the State of Arizona, or both, to provide a method of funding
for construction of a Hoover Dam Bypass Bridge from funds allocated for
the Federal Lands Highway Program under section 202(b) of title 23,
United States Code.
(b) Methods of Funding.--
(1) The agreement entered into under subsection (a) shall
provide for funding in a manner consistent with the advance
construction and debt instrument financing procedures for
Federal-aid highways set forth in section 115 and 122 of title
23, except that the funding source may include funds made
available under the Federal Lands Highway Program.
(2) Eligibility for funding under this subsection shall not
be construed as a commitment, guarantee, or obligation on the
part of the United States to provide for payment of principal or
interest of an eligible debt financing instrument as so defined
in section 122, nor create a right of a third party against the
United States for payment under an eligible debt financing
instrument. The agreement entered into pursuant to subsection
(a) shall make specific reference to this provision of law.
(3) The provisions of this section do not limit the use of
other available funds for which the project referenced in
subsection (a) is eligible.
Sec. 118. <<NOTE: 105 Stat. 2060.>> Section 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991, item number 8, is amended
by striking ``To relocate'' and all that follows through ``Street'' and
inserting the following, ``For road improvements and non-motorized
enhancements in the Detroit East Riverfront, Detroit, Michigan''.
[[Page 118 STAT. 296]]
Sec. 119. <<NOTE: Michigan.>> The funds provided under the heading
``Transportation and Community and System Preservation Program'' in
Conference Report No. 106-940 for the Lodge Freeway pedestrian overpass,
Detroit, Michigan, shall be transferred to, and made available for,
enhancements in the East Riverfront, Detroit, Michigan.
Sec. 120. <<NOTE: Michigan.>> The funds provided under the heading
``Transportation and Community and System Preservation Program'' in
Conference Report No. 107-308 for the Eastern Market pedestrian overpass
park, shall be transferred to, and made available for, enhancements in
the East Riverfront, Detroit, Michigan.
Sec. 121. Kansas Recreation Areas. Any unexpended balances of the
amounts made available by the Consolidated Appropriations Resolution,
2003 (Public Law 108-7) from the Federal-aid highway account for
improvements to Council Grove Lake, Kansas, shall be available to make
improvements to Richey Cove, Santa Fe Recreation Area, Canning Creek
Recreation Area, and other areas in the State of Kansas.
Sec. 122. <<NOTE: 117 Stat. 413.>> Section 330 of Public Law 108-7
is amended to read as follows: In addition to amounts otherwise made
available in this Act, to enable the Secretary of Transportation to make
grants for surface transportation projects, $90,600,000 to remain
available until expended: Provided, That notwithstanding any other
provision of law, the surface transportation projects identified in the
Joint Explanatory Statement of the Committee of Conference accompanying
this Act are also eligible for funding made available by the immediately
preceding clause of this provision: Provided further, That
notwithstanding any other provision of law and the immediately preceding
clause of this provision, the Secretary of Transportation may use
amounts made available by this section to make grants for any surface
transportation project otherwise eligible for funding under title 23 or
title 49, United States Code.
Sec. 123. (a) Section 14501 of title 40, United States Code, is
amended in the third sentence by striking ``three thousand and twenty-
five'' and inserting ``three thousand and ninety''.
(b) There is hereby designated as Corridor X-1 in Alabama an
addition to the Appalachian development highway system. Corridor X-1
shall extend approximately 65 miles along the alignment of the
Birmingham Northern Beltline from Interstate 20/59, in the vicinity of
Interstate 459 southwest of Birmingham, and extending northward crossing
State Route 269 and Corridor X and continuing eastward crossing
Interstate 65, United States Route 31, State Route 79, State Route 75,
Interstate 59, United States Route 11, United States Route 411, and
connecting to Interstate 20 to the east of Birmingham. Corridor X-1
shall be developed as a multi-lane freeway, with interchanges at
appropriate crossroad locations.
Sec. 124. Motorist Information Concerning Pharmacy Services. (a) In
General.--Not <<NOTE: Deadline.>> later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall amend the
Manual on Uniform Traffic Control Devices to include a provision
permitting information to be provided to motorists to assist motorists
in locating licensed 24-hour pharmacy services open to the public.
(b) Logo Panel.--The provision under subsection (a) may allow
placement of a logo panel that displays information disclosing the names
or logos of pharmacies described in subsection (a) that are
[[Page 118 STAT. 297]]
located within 3 miles of an interchange on the Federal-aid system (as
defined in section 101 of title 23, United States Code).
Sec. 125. Notwithstanding any other provision of law, funds
obligated for pre-implementation costs, project design, and
implementation costs of the I-15 Congestion Pricing Project, also known
as the I-15 FasTrack project located in the city of San Diego shall be
eligible for funding the costs incurred under such project. The Federal
share payable for the total cost of the project shall not exceed 80
percent.
Sec. 126. The project name in House Report No. 108-10, delineating
projects referenced in division I, section 330, of the Fiscal Year 2003
Omnibus Appropriations Act, Public Law 108-7, is amended by striking
``Freight Enhancement KY Highlands, Kentucky,'' and inserting ``Kentucky
Highlands, Freight Enhancement Revolving Loan Fund, Kentucky''.
Notwithstanding any other provision of law, such revolving loan fund
shall be eligible for the funding made available under this section and
administered consistent with section 1511 of Public Law 105-178, except
that such assistance shall be to assist in financing freight enhancement
projects and that capitalization of such fund shall be limited to the
amount made available by division I, section 330 of Public Law 108-7.
Sec. 127. The amount made available for obligation in fiscal year
2003 for the project Kannapolis Parkway & Interstate 85 Interchange-
Kannapolis, North Carolina as specified in section 329 of Public Law
108-7 and on page 1317 of the Joint Committee of the Conference pursuant
to the Joint Resolution Making Consolidated Appropriations for fiscal
year 2003 shall be reprogrammed and transferred to and made available
for obligation for ``Kannapolis Industrial Park Access Road-Kannapolis,
North Carolina''.
Sec. 128. Section 378 of the Department of Transportation and
Related Agencies Appropriations Act, 2001 (as enacted into law by Public
Law 106-346; 114 Stat. 1356A-40) is amended by striking ``$5,000,000 for
improvements to US 73 from State Avenue North to Marxen Road in
Wyandotte County, Kansas'' and inserting ``$5,000,000 for improvements
to US 73 from State Avenue north to Marxen Road, and along US 73 on
State Avenue eastward to its terminus at I-435, in Wyandotte County,
Kansas''.
Sec. 129. Section 375 of division I of the Consolidated
Appropriations Resolution, 2003 (117 Stat. 428) is amended by inserting
before the period at the end the following: ``, including construction
of a connector road between the newly relocated State Route 1045 and
Saint Vincent College, Latrobe, PA''.
Federal Motor Carrier Safety Administration
Notwithstanding any other provision of law, none of the funds in
this Act shall be available for expenses for administration of motor
carrier safety programs and motor carrier safety research, the
obligations for which are in excess of $176,070,000 for fiscal
[[Page 118 STAT. 298]]
year 2004: Provided, That notwithstanding any other provision of law,
for payment of obligations incurred to pay administrative expenses of
the Federal Motor Carrier Safety Administration, $176,070,000, to be
derived from the Highway Trust Fund and to remain available until
expended.
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 31102, 31106, and 31309,
$190,000,000, to be derived from the Highway Trust Fund and to remain
available until expended: Provided, That none of the funds in this Act
shall be available for the implementation or execution of programs the
obligations for which are in excess of $190,000,000 for ``Motor Carrier
Safety Grants'' and ``Information Systems''.
Sec. 130. <<NOTE: Reports.>> Funds appropriated or limited in this
Act shall be subject to the terms and conditions stipulated in section
350 of Public Law 107-87, including that the Secretary submit a report
to the House and Senate Appropriations Committees annually on the safety
and security of transportation into the United States by Mexico-
domiciled motor carriers.
Sec. 131. No funds appropriated or otherwise made available by this
Act may be used to implement or enforce any provisions of the Final
Rule, issued on April 16, 2003 (Docket No. FMCSA-97-2350), with respect
to either of the following:
(1) The operators of utility service vehicles, as that term
is defined in section 395.2 of title 49, Code of Federal
Regulations.
(2) Maximum daily hours of service for drivers engaged in
the transportation of property or passengers to or from a motion
picture or television production site located within a 100-air
mile radius of the work reporting location of such drivers.
National Highway Traffic Safety Administration
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C. 403, to
remain available until expended, $72,000,000, to be derived from the
Highway Trust Fund: Provided, That none of the funds in this Act shall
be available for the planning or execution of
[[Page 118 STAT. 299]]
programs the total obligations for which, in fiscal year 2004, are in
excess of $72,000,000 for programs authorized under 23 U.S.C. 403.
For expenses necessary to discharge the functions of the Secretary
with respect to the National Driver Register under chapter 303 of title
49, United States Code, $3,600,000, to be derived from the Highway Trust
Fund, and to remain available until expended.
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out the provisions of 23 U.S.C. 402,
405, and 410, to remain available until expended, $225,000,000, to be
derived from the Highway Trust Fund: Provided, That none of the funds in
this Act shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2004, are in excess of
$225,000,000 for programs authorized under 23 U.S.C. 402, 405, and 410,
of which $165,000,000 shall be for ``Highway Safety Programs'' under 23
U.S.C. 402, $20,000,000 shall be for ``Occupant Protection Incentive
Grants'' under 23 U.S.C. 405, and $40,000,000 shall be for ``Alcohol-
Impaired Driving Countermeasures Grants'' under 23 U.S.C. 410: Provided
further, That none of these funds shall be used for construction,
rehabilitation, or remodeling costs, or for office furnishings and
fixtures for State, local, or private buildings or structures: Provided
further, That not to exceed $8,150,000 of the funds made available for
section 402, not to exceed $1,000,000 of the funds made available for
section 405, and not to exceed $2,000,000 of the funds made available
for section 410 shall be available to NHTSA for administering highway
safety grants under chapter 4 of title 23, United States Code: Provided
further, That not to exceed $500,000 of the funds made available for
section 410 ``Alcohol-Impaired Driving Countermeasures Grants'' shall be
available for technical assistance to the States.
Sec. 140. Notwithstanding any other provision of law, States may use
funds provided in this Act under section 402 of title 23, United States
Code, to produce and place highway safety public service messages in
television, radio, cinema, and print media, and on the Internet in
accordance with guidance issued by the Secretary of Transportation:
Provided, <<NOTE: Reports.>> That any State that uses funds for such
public service messages shall submit to the Secretary a report
describing and assessing the effectiveness of the messages: Provided
further, That $10,000,000 of the funds allocated under section 157 of
title 23, United States Code, shall be used as directed
[[Page 118 STAT. 300]]
by the National Highway Traffic Safety Administrator to purchase
national paid advertising (including production and placement) to
support national safety belt mobilizations: Provided further, That, of
the funds allocated under section 163 of title 23, United States Code,
$2,750,000 shall be used as directed by the Administrator to support
national impaired driving mobilizations and enforcement efforts,
$14,000,000 shall be used as directed by the Administrator to purchase
national paid advertising (including production and placement) to
support such national impaired driving mobilizations and enforcement
efforts, $500,000 shall be used as directed by the Administrator to
conduct an evaluation of alcohol-impaired driving messages, and
$3,000,000 shall be used as directed by the Administrator to conduct an
impaired driving demonstration program.
Sec. 141. Notwithstanding any other provision of law, funds
appropriated or limited in the Act to educate the motoring public on how
to share the road safely with commercial motor vehicles shall be
administered by the National Highway Traffic Safety Administration.
Sec. 142. Notwithstanding any other provision of law, for fiscal
year 2004 the Secretary of Transportation is authorized to use amounts
made available to carry out section 157 of title 23, United States Code,
to make innovative project allocations, not to exceed the prior year's
amounts for such allocations, before making incentive grants for use of
seat belts.
Sec. 143. Notwithstanding any other provision of law, for fiscal
year 2004 the Secretary of Transportation is authorized to use the
amounts made available to carry out section 163 of title 23, United
States Code, to support national mobilizations that target impaired
drivers, in cooperation with the States and nonprofit safety
organizations that have been active participants in such mobilizations.
Such support shall include impaired driving enforcement grants,
broadcast advertising to be used as directed by the Secretary,
evaluation of these activities, and a demonstration project to test new
and improved strategies in States where the largest gains in reducing
alcohol-related fatalities can be made, as determined by the Secretary.
Federal Railroad Administration
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $130,825,000, of which $11,712,000 shall remain
available until expended.
For necessary expenses for railroad research and development,
$34,025,000, to remain available until expended.
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required
[[Page 118 STAT. 301]]
pursuant to the guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, such authority to exist as long as
any such guaranteed obligation is outstanding: Provided, That pursuant
to section 502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the credit
risk premium during fiscal year 2004: Provided further, That no payments
of principal or interest shall be collected during fiscal year 2004 for
the direct loan made to the National Railroad Passenger Corporation
under section 502 of such Act.
For necessary expenses for the Next Generation High-Speed Rail
program as authorized under 49 U.S.C. 26101 and 26102, $37,400,000, to
remain available until expended.
To enable the Secretary of Transportation to make grants to the
Alaska Railroad, $25,000,000 shall be for capital rehabilitation and
improvements benefiting its passenger operations, to remain available
until expended.
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation, $1,225,000,000, to
remain available until September 30, 2004: Provided, That the Secretary
of Transportation shall approve funding to cover operating losses and
capital expenditures, including advance purchase orders, for the
National Railroad Passenger Corporation only after receiving and
reviewing a grant request for each specific train route: Provided
further, That each such grant request shall be accompanied by a detailed
financial analysis, revenue projection, and capital expenditure
projection justifying the Federal support to the Secretary's
satisfaction: Provided further, That the Secretary of Transportation
shall reserve $60,000,000 of the funds provided under this heading and
is authorized to transfer such sums to the Surface Transportation Board,
upon request from said Board, to carry out directed service orders
issued pursuant to section 11123 of title 49, United States Code, to
respond to the cessation of commuter rail operations by the National
Railroad Passenger Corporation: Provided further, That the Secretary of
Transportation shall make the reserved funds available to the National
Railroad Passenger Corporation through an appropriate grant instrument
during the fourth quarter of fiscal year 2004 to the extent that no
directed service orders have been issued by the Surface Transportation
Board as of the date of transfer or there is a balance of reserved funds
not needed by the Board to pay for any directed service order issued
through September 30, 2004: Provided further, <<NOTE: Deadline.>> That
not later than 60 days after enactment of this Act, Amtrak shall
transmit, in electronic format, to the Secretary of Transportation, the
House and Senate Committees on Appropriations, the House Committee on
Transportation and Infrastructure and the Senate Committee on Commerce,
Science, and Transportation a comprehensive business plan approved by
the Board of Directors for fiscal year 2005 under section 24104(a)
[[Page 118 STAT. 302]]
of title 49, United States Code: Provided further, That the business
plan shall include, as applicable, targets for ridership, revenues, and
capital and operating expenses: Provided further, That the plan shall
also include a separate accounting of such targets for the Northeast
Corridor; commuter service; long-distance Amtrak service; state-
supported service; each intercity train route; including Autotrain; and
commercial activities including contract operations and mail and
express: Provided further, That the business plan shall include a
description of the work to be funded, along with cost estimates and an
estimated timetable for completion of the projects covered by this
business plan: Provided further, <<NOTE: Deadlines. Reports.>> That not
later than December 1, 2003 and no later than 30 days following the last
business day of the previous month thereafter, Amtrak shall submit to
the Secretary of Transportation and the House and Senate Committees on
Appropriations a supplemental report, in electronic format, regarding
the pending business plan, which shall describe the work completed to
date, any changes to the business plan, and the reasons for such
changes: Provided further, That none of the funds in this Act may be
used for operating expenses, including advance purchase orders, and
capital projects not approved by the Secretary of Transportation nor on
the National Railroad Passenger Corporation's fiscal year 2004 business
plan: Provided further, <<NOTE: Public information. General Provisions--
Federal Railroad Administration>> That Amtrak shall display the business
plan and all subsequent supplemental plans on the Corporation's website
within a reasonable timeframe following their submission to the
appropriate entities: Provided further, That none of the funds under
this heading may be obligated or expended until the National Railroad
Passenger Corporation agrees to continue abiding by the provisions of
paragraphs 1, 2, 3, 5, 9, and 11 of the summary of conditions for the
direct loan agreement of June 28, 2002, in the same manner as in effect
on the date of enactment of this Act.
Sec. 150. To authorize the Surface Transportation Board to direct
the continued operation of certain commuter rail passenger
transportation operations in emergency situations, and for other
purposes:
(1) Section 11123 of title 49, United States Code, is
amended--
(A) in subsection (a)--
(i) by inserting ``failure of existing
commuter rail passenger transportation operations
caused by a cessation of service by the National
Railroad Passenger Corporation,'' after
``cessation of operations,'';
(ii) by striking ``or'' at the end of
paragraph (3);
(iii) by striking the period at the end of
paragraph (4)(C) and inserting ``; or''; and
(iv) by adding at the end the following new
paragraph:
``(5) in the case of a failure of existing freight or
commuter rail passenger transportation operations caused by a
cessation of service by the National Railroad Passenger
Corporation, direct the continuation of the operations and
dispatching, maintenance, and other necessary infrastructure
functions related to the operations.'';
(B) in subsection (b)(3)--
[[Page 118 STAT. 303]]
(i) by striking ``When'' and inserting ``(A)
Except as provided in subparagraph (B), when'';
and
(ii) by adding at the end the following new
subparagraph:
``(B) In the case of a failure of existing freight or commuter rail
passenger transportation operations caused by a cessation of service by
the National Railroad Passenger Corporation, the Board shall provide
funding to fully reimburse the directed service provider for its costs
associated with the activities directed under subsection (a), including
the payment of increased insurance premiums. The Board shall order
complete indemnification against any and all claims associated with the
provision of service to which the directed rail carrier may be
exposed.'';
(C) by adding the following new paragraph at the end
of subsection (c):
``(4) In the case of a failure of existing freight or
commuter rail passenger transportation operations caused by
cessation of service by the National Railroad Passenger
Corporation, the Board may not direct a rail carrier to
undertake activities under subsection (a) to continue such
operations unless--
``(A) the Board first affirmatively finds that the rail
carrier is operationally capable of conducting the directed
service in a safe and efficient manner; and
``(B) the funding for such directed service required by
subparagraph (B) of subsection (b)(3) is provided in advance in
appropriations Acts.''; and
(D) by adding at the end the following new
subsections:
``(e) For purposes of this section, the National Railroad Passenger
Corporation and any entity providing commuter rail passenger
transportation shall be considered rail carriers subject to the Board's
jurisdiction.
``(f) For purposes of this section, the term `commuter rail
passenger transportation' has the meaning given that term in section
24102(4).''.
(2) Section 24301(c) of title 49, United States Code, is
amended by inserting ``11123,'' after ``except for sections''.
Sec. 151. <<NOTE: Procedures. 49 USC 24101 note.>> For the purpose
of assisting State-supported intercity rail service, in order to
demonstrate whether competition will provide higher quality rail
passenger service at reasonable prices, the Secretary of Transportation,
working with affected States, shall develop and implement a procedure
for fair competitive bidding by Amtrak and non-Amtrak operators for
State-supported routes: Provided, That in the event a State desires to
select or selects a non-Amtrak operator for the route, the State may
make an agreement with Amtrak to use facilities and equipment of, or
have services provided by, Amtrak under terms agreed to by the State and
Amtrak to enable the non-Amtrak operator to provide the State-supported
service: Provided further, That if the parties cannot agree on terms,
the Secretary shall, as a condition of receipt of Federal grant funds,
order that the facilities and equipment be made available and the
services be provided by Amtrak under reasonable terms and compensation:
Provided further, That when prescribing reasonable compensation to
Amtrak, the Secretary shall consider quality of service as a major
factor when determining whether, and the extent to which, the amount of
compensation shall be greater than the incremental costs of using the
facilities and providing the services: Provided further, That the
Secretary
[[Page 118 STAT. 304]]
may reprogram up to $2,500,000 from the Amtrak operating grant funds for
costs associated with the implementation of the fair bid procedure and
demonstration of competition under this section.
Federal Transit Administration
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $15,100,000: Provided, That no more than $75,500,000 of
budget authority shall be available for these purposes: Provided
further, That of the funds available not to exceed $970,938 shall be
available for the Office of the Administrator; not to exceed $6,755,434
shall be available for the Office of Administration; not to exceed
$3,892,622 shall be available for the Office of the Chief Counsel; not
to exceed $1,168,780 shall be available for the Office of Communication
and Congressional Affairs; not to exceed $7,157,766 shall be available
for the Office of Program Management; not to exceed $6,231,332 shall be
available for the Office of Budget and Policy; not to exceed $4,854,892
shall be available for the Office of Demonstration and Innovation; not
to exceed $2,717,034 shall be available for the Office of Civil Rights;
not to exceed $3,667,320 shall be available for the Office of Planning;
not to exceed $19,050,044 shall be available for regional offices; and
not to exceed $16,838,838 shall be available for the central account:
Provided further, That the Administrator is authorized to transfer funds
appropriated for an office of the Federal Transit Administration:
Provided further, That no appropriation for an office shall be increased
or decreased by more than 3 percent by all such transfers: Provided
further, That any change in funding greater than 3 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That of the funds in this Act
available for the execution of contracts under section 5327(c) of title
49, United States Code, $2,000,000 shall be reimbursed to the Department
of Transportation's Office of Inspector General for costs associated
with audits and investigations of transit-related issues, including
reviews of new fixed guideway systems: Provided further, That not less
than $2,200,000 for the National transit database shall remain available
until expended: Provided further, <<NOTE: Reports. Formula
Grants (including transfer of funds)>> That upon submission to the
Congress of the fiscal year 2005 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on new
starts, proposed allocations of funds for fiscal year 2005: Provided
further, That the amount herein appropriated shall be reduced by
$100,000 per day for each day after initial submission of the
President's budget that the report has not been submitted to the
Congress.
For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310,
5311, 5327, and section 3038 of Public Law 105-178, $767,800,000, to
remain available until expended: Provided, That no more than
$3,839,000,000 of budget authority shall be available for these
purposes: Provided further, That notwithstanding section 3008 of Public
Law 105-178, $50,000,000 of the funds to carry
[[Page 118 STAT. 305]]
out 49 U.S.C. 5308 shall be transferred to and merged with funding
provided for the replacement, rehabilitation, and purchase of buses and
related equipment and the construction of bus-related facilities under
``Federal Transit Administration, Capital investment grants''.
For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, to
remain available until expended: Provided, That no more than $6,000,000
of budget authority shall be available for these purposes.
For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305,
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $25,200,000, to remain
available until expended: Provided, That no more than $126,000,000 of
budget authority shall be available for these purposes: Provided
further, That $5,250,000 is available to provide rural transportation
assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to carry out
programs under the National Transit Institute (49 U.S.C. 5315),
$8,250,000 is available to carry out transit cooperative research
programs (49 U.S.C. 5313(a)), $60,385,600 is available for metropolitan
planning (49 U.S.C. 5303, 5304, and 5305), $12,614,400 is available for
State planning (49 U.S.C. 5313(b)); and $35,500,000 is available for the
national planning and research program (49 U.S.C. 5314).
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315,
5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public
Law 105-178, $5,847,200,000, to remain available until expended, and to
be derived from the Mass Transit Account of the Highway Trust Fund:
Provided, That $3,071,200,000 shall be paid to the Federal Transit
Administration's formula grants account: Provided further, That
$100,800,000 shall be paid to the Federal Transit Administration's
transit planning and research account: Provided further, That
$60,400,000 shall be paid to the Federal Transit Administration's
administrative expenses account: Provided further, That $4,800,000 shall
be paid to the Federal Transit Administration's university
transportation research account: Provided further, That $100,000,000
shall be paid to the Federal Transit Administration's job access and
reverse commute grants program: Provided further, That $2,510,000,000
shall be paid to the Federal Transit Administration's capital investment
grants account.
For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and
5327, $627,500,000, to remain available until expended: Provided, That
no more than $3,137,500,000 of budget authority shall be available for
these purposes: Provided further, That there
[[Page 118 STAT. 306]]
shall be available for fixed guideway modernization, $1,206,506,000;
there shall be available for the replacement, rehabilitation, and
purchase of buses and related equipment and the construction of bus-
related facilities, $607,200,000, which shall include $50,000,000 made
available under 5309(m)(3)(C) of this title, plus $50,000,000
transferred from ``Federal Transit Administration, Formula Grants'' and
$20,000,000 transferred from ``Federal Transit Administration, Job
Access and Reverse Commute Grants''; and there shall be available for
new fixed guideway systems $1,323,794,000, together with $2,331,545 in
unobligated balances made available in Public Law 106-69 and $2,182,937
in unobligated balances made available in Public Law 106-346 to carry
out section 3037 of Public Law 105-178, as amended, to be available as
follows:
Atlanta, Georgia, Northwest Corridor BRT, $2,149,413;
Baltimore, Maryland, Central Light Rail Double Track
Project, $40,000,000;
BART San Francisco Airport (SFO), California, Extension
Project, $100,000,000;
Birmingham--Transit Corridor, Alabama, $3,500,000;
Boston, Massachusetts, Silver Line Phase III, $2,000,000;
Charlotte, North Carolina, South Corridor Light Rail
Project, $12,000,000;
Chicago, Illinois, Metra Commuter Rail Expansions and
Extensions, $52,000,000;
Chicago, Illinois, Ravenswood Reconstruction, $10,000,000;
Chicago, Illinois, Transit Authority, Douglas Branch
Reconstruction, $85,000,000;
Dallas, Texas, North Central Light Rail Extension,
$30,161,283;
Denver, Colorado, Southeast Corridor LRT (T-REX),
$80,000,000;
East Side Access Project, New York, Phase I, $75,000,000;
Euclid Corridor Transportation Project, Ohio, $11,000,000;
Fort Lauderdale, Florida, Tri-Rail Commuter Project,
$18,410,000;
Hawaii and Alaska Ferry Boats, $10,296,000;
Houston Advanced Metro Transit Plan, Texas, $8,000,000;
Integrated Intermodal project, Rhode Island, $3,000,000;
Kenosha-Racine-Milwaukee Commuter Rail Extension, Wisconsin,
$3,250,000;
Las Vegas, Nevada, Resort Corridor Fixed Guideway, MOS,
$20,000,000;
Little Rock, Arkansas, River Rail Streetcar Project,
$3,000,000;
Maine Marine Highway, $1,550,000;
Memphis, Tennessee, Medical Center Rail Extension,
$9,247,588;
Minneapolis, Minnesota, Hiawatha Corridor Light Rail Transit
(LRT), $74,980,000;
Minneapolis, Minnesota, Northstar Corridor Rail Project,
$5,750,000;
New Orleans, Louisiana, Canal Street Streetcar Project,
$23,291,373;
New York, Second Avenue Subway, $2,000,000;
Newark, New Jersey, Rail Link (NERL) MOS1, $22,566,022;
[[Page 118 STAT. 307]]
Northern Oklahoma Regional Multimodal Transportation System,
$3,000,000;
Northern, New Jersey, Hudson-Bergen Light Rail (MOS2),
$100,000,000;
Phase II, LA to Pasadena Metro Gold Line Light Rail Project,
$4,000,000;
Philadelphia, Pennsylvania, Schuylkill Valley Metro,
$14,000,000;
Phoenix, Arizona, Central Phoenix/East Valley Light Rail
Transit Project, $13,000,000;
Pittsburgh, Pennsylvania, North Shore Connector,
$10,000,000;
Pittsburgh, Pennsylvania, Stage II Light Rail Transit
Reconstruction, $32,243,442;
Portland, Oregon, Interstate MAX Light Rail Extension,
$77,500,000;
Raleigh, North Carolina, Triangle Transit Authority Regional
Rail Project, $5,500,000;
Regional Commuter Rail (Weber County to Salt Lake City),
Utah, $9,000,000;
Salt Lake City, Utah, Medical Center LRT Extension,
$30,663,361;
San Diego, California, Mission Valley East Light Rail
Transit Extension, $65,000,000;
San Diego, California, Oceanside-Escondido Rail Project,
$48,000,000;
San Francisco, California Muni Third Street Light Rail
Project, $9,000,000;
San Jose, California, Silicon Valley Rapid Transit Corridor,
$2,000,000;
Scranton, Pennsylvania, NY City Rail Service, $2,500,000;
Seattle, Washington, Sound Transit Central Link Initial
Segment, $75,000,000;
South Shore Commuter Rail Service capacity enhancement,
$1,000,000;
Stamford, Connecticut, Urban Transitway & Intermodal
Transportation Center Improvements, $4,000,000;
Tren Urbano Rapid Transit System, San Juan, PR, $20,000,000;
VRE Parking Improvements, Virginia, $3,000,000;
Washington, DC/VA Dulles Corridor Rapid Transit Project,
$20,000,000;
Washington, DC/MD, Largo Extension, $65,000,000;
Western North Carolina Rail Passenger Service, $1,000,000;
Wilmington, Delaware, Train Station Improvements,
$1,500,000;
Wilsonville to Beaverton, Oregon, Commuter Rail, $3,250,000;
and
Yarmouth to Auburn Line, Maine, $1,000,000.
For necessary expenses to carry out section 3037 of the Federal
Transit Act of 1998, $25,000,000, to remain available until expended:
Provided, That no more than $125,000,000 of budget
[[Page 118 STAT. 308]]
authority shall be available for these purposes: Provided further, That
up to $300,000 of the funds provided under this heading may be used by
the Federal Transit Administration for technical assistance and support
and performance reviews of the Job Access and Reverse Commute Grants
program: Provided further, That $20,000,000 of the funds provided under
this heading shall be transferred to and merged with funds for the
replacement, rehabilitation, and purchase of buses and related equipment
and the construction of bus-related facilities under ``Federal Transit
Administration, Capital Investment Grants'': Provided further, That
$2,331,545 in unobligated balances made available in Public Law 106-69
and $2,182,937 in unobligated balances made available in Public Law 106-
346 to carry out section 3037 of Public Law 105-178, as amended, shall
be transferred to and merged with funds for new fixed guideway systems
under ``Federal Transit Administration, Capital Investment Grants''.
Sec. 160. <<NOTE: 49 USC 5338 note.>> The limitations on obligations
for the programs of the Federal Transit Administration shall not apply
to any authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available for
obligation.
Sec. 161. Notwithstanding any other provision of law, and except for
fixed guideway modernization projects, funds made available by this Act
under ``Federal Transit Administration, Capital investment grants'' for
projects specified in this Act or identified in reports accompanying
this Act not obligated by September 30, 2006, and other recoveries,
shall be made available for other projects under 49 U.S.C. 5309.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2003, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. Funds made available for Alaska or Hawaii ferry boats or
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
used to construct new vessels and facilities, or to improve existing
vessels and facilities, including both the passenger and vehicle-related
elements of such vessels and facilities, and for repair facilities:
Provided, That not more than $3,000,000 of the funds made available
pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii
to initiate and operate a passenger ferryboat services demonstration
project to test the viability of different intra-island and inter-island
ferry boat routes and technology: Provided further, That notwithstanding
49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry
boats may be used to acquire passenger ferry boats and to provide
passenger ferry transportation services within areas of the State of
Hawaii under the control or use of the National Park Service.
Sec. 164. Notwithstanding any other provision of law, funds made
available to the Colorado Roaring Fork Transportation Authority under
``Federal Transit Administration, Capital investment grants'' in Public
Laws 106-69 and 106-346 shall be available for expenditure on park and
ride lots in Carbondale and Glenwood Springs, Colorado as part of the
Roaring Fork Valley Bus Rapid Transit project.
[[Page 118 STAT. 309]]
Sec. 165. Notwithstanding any other provision of law, unobligated
funds made available for a new fixed guideway systems projects under the
heading ``Federal Transit Administration, Capital Investment Grants'' in
any appropriations Act prior to this Act may be used during this fiscal
year to satisfy expenses incurred for such projects.
Sec. 166. (a) In General.--The <<NOTE: 49 USC 5307 note.>> Secretary
shall establish a pilot program to determine the benefits of encouraging
cooperative procurement of major capital equipment under sections 5307,
5309, and 5311. The program shall consist of three pilot projects.
Cooperative procurements in these projects may be carried out by
grantees, consortiums of grantees, or members of the private sector
acting as agents of grantees.
(b) Federal Share.--Notwithstanding any other provision of law, the
Federal share for a grant under this pilot program shall be 90 percent
of the net project cost.
(c) Permissible Activities.--
(1) Developing specifications.--Cooperative specifications
may be developed either by the grantees or their agents.
(2) Requests for proposals.--To the extent permissible under
State and local law, cooperative procurements under this section
may be carried out, either by the grantees or their agents, by
issuing one request for proposal for each cooperative
procurement, covering all agencies that are participating in the
procurement.
(3) Best and final offers.--The cost of evaluating best and
final offers either by the grantees or their agents, is an
eligible expense under this program.
(d) Technology.--To the extent feasible, cooperative procurements
under this section shall maximize use of Internet-based software
technology designed specifically for transit buses and other major
capital equipment to develop specifications; aggregate equipment
requirements with other transit agencies; generate cooperative request
for proposal packages; create cooperative specifications; and automate
the request for approved equals process.
(e) Eligible Expenses.--The cost of the permissible activities under
(c) and procurement under (d) are eligible expenses under the pilot
program.
(f) Proportionate Contributions.--Cooperating agencies may
contribute proportionately to the non-Federal share of any of the
eligible expenses under (e).
(g) Outreach.--The Secretary shall conduct outreach on cooperative
procurement. Under this program the Secretary shall: (1) offer technical
assistance to transit agencies to facilitate the use of cooperative
procurement of major capital equipment; and (2) conduct seminars and
conferences for grantees, nationwide, on the concept of cooperative
procurement of major capital equipment.
(h) Report.--Not <<NOTE: Deadline.>> later than 30 days after
delivery of the base order under each of the pilot projects, the
Secretary shall submit to the House and Senate Committees on
Appropriations a report on the results of that pilot project. Each
report shall evaluate any savings realized through the cooperative
procurement and the benefits of incorporating cooperative procurement,
as shown by that project, into the mass transit program as a whole.
Sec. 167. Notwithstanding any other provision of law, new fixed
guideway system funds available for the Yosemite, California, area
regional transportation system project, in the Department
[[Page 118 STAT. 310]]
of Transportation and Related Agencies Appropriations Act, 2002, Public
Law 107-87, under ``Capital Investment Grants'', in the amount of
$400,000 shall be available for obligation for the replacement,
rehabilitation, or purchase of buses or related equipment, or the
construction of bus related facilities: Provided, That this amount shall
be in addition to the amount available in fiscal year 2002 for these
purposes.
Sec. 168. Notwithstanding any other provision of law, for the
purpose of calculating the non-New Starts share of the total project
cost of both phases of San Francisco Muni's Third Street Light Rail
Transit project for fiscal year 2004, the Secretary of Transportation
shall include all non-New Starts contributions made towards Phase 1 of
the two-phase project for engineering, final design and construction,
and also shall allow non-New Starts funds expended on one element or
phase of the project to be used to meet the non-New Starts share
requirement of any element or phase of the project: Provided further,
That none of the funds provided in this Act for the San Francisco Muni
Third Street Light Rail Transit Project shall be obligated if the
Federal Transit Administration determines that the project is found to
be ``not recommended'' after evaluation and computation of revised
transportation system user benefit data.
Sec. 169. Notwithstanding any other provision of law, funds made
available under ``Federal Transit Administration, Capital Investment
Grants'' in Public Law 105-277 for the Cleveland Berea Red Line
Extension to the Hopkins International Airport project may be used for
the Euclid Corridor Transportation Project.
Sec. 170. Notwithstanding any other provision of law, funds
designated to the Community Transportation Association of America (CTAA)
on pages 1305 through 1307 of the Joint Explanatory Statement of the
Committee of Conference for Public Law 108-7 may be available to CTAA
for any project or activity authorized under section 3037 of Public Law
105-178 upon receipt of an application.
Sec. 171. After the last section of the Federal Transit Act, 49
U.S.C. chapter 53, add the following section:
``SEC. 3042. UTAH TRANSPORTATION PROJECTS.
``(a) Coordination.--FTA and FHWA are directed to work with the Utah
Transit Authority and the Utah Department of Transportation to
coordinate the development regional commuter rail and the northern
segment of I-15 reconstruction located in the Wasatch Front corridor
extending from Brigham City to Payson, Utah. Coordination includes
integration of preliminary engineering and design, a simplified method
for allocating project costs among eligible FTA and FHWA funding
sources, and a unified accounting and audit process.
``(b) Governmental Funding.--For purposes of determining and
allocating the nongovernmental and governmental share of costs, the
following projects comprise a related program of projects: regional
commuter rail, the TRAX light rail system, TRAX extensions to the
Medical Center and to the Gateway Intermodal Center, and the northern
segment of I-15 reconstruction. The governmental share of project costs
appropriated from the section 5309 New Start program shall conform to
the share specified in the extension or reauthorization of TEA21.''.
Sec. 172. Funds apportioned to the Charleston Area Regional
Transportation Authority to carry out section 5307 of title 49,
[[Page 118 STAT. 311]]
United States Code, may be used to lease land, equipment, or facilities
used in public transportation from another governmental authority in the
same geographic area: Provided, That the non-Federal share under section
5307 may include revenues from the sale of advertising
and <<NOTE: Termination date.>> concessions: Provided further, That this
provision shall remain in effect until September 30, 2004, or until the
Federal interest in the land, equipment or facilities leased reaches 80
percent of its fair market value at disposition, whichever occurs first.
Sec. 173. Notwithstanding any other provision of law, funds
designated to the Pennsylvania Cumberland/Dauphin County Corridor I
project in committee reports accompanying this Act may be available to
the recipient for any project activities authorized under sections 5307
and 5309 of title 49, United States Code.
Sec. 174. To the extent that funds provided by the Congress for the
Memphis Medical Center light rail extension project through the section
5309 ``new fixed guideway systems'' program remain available upon the
closeout of the project, Federal Transit Administration is directed to
permit the Memphis Area Transit Authority to use all of those funds for
planning, engineering, design, construction or acquisition projects
pertaining to the Memphis Regional Rail Plan. Such funds shall remain
available until expended.
Sec. 175. Section 30303(d)(3) of the Transportation Equity Act for
the 21st Century (Public Law 105-178) <<NOTE: 112 Stat. 379.>> is
amended by inserting at the end:
``(D) Memphis-Shelby International Airport intermodal
facility.''.
Sec. 176. For fiscal year 2004, section 3027 of the Transportation
Equity Act for the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366), as
amended, is amended by adding at the end the following:
``(3) Services for elderly and persons with disabilities.--
In addition to assistance made available under paragraph (1),
the Secretary may provide assistance under section 5307 of title
49, United States Code, to a transit provider that operates 25
or fewer vehicles in an urbanized area with a population of at
least 200,000 to finance the operating costs of equipment and
facilities used by the transit provider in providing mass
transportation services to elderly and persons with
disabilities, provided that such assistance to all entities
shall not exceed $10,000,000 annually.''.
Sec. 177. None of the funds in this Act shall be available to any
Federal transit grantee after February 1, 2004, involved directly or
indirectly, in any activity that promotes the legalization or medical
use of any substance listed in schedule I of section 202 of the
Controlled Substances Act (21 U.S.C. 812 et seq.).
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying out
the programs set forth in the Corporation's budget for the current
fiscal year.
[[Page 118 STAT. 312]]
For necessary expenses for operations and maintenance of those
portions of the Saint Lawrence Seaway operated and maintained by the
Saint Lawrence Seaway Development Corporation, $14,400,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99-662.
Maritime Administration
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$98,700,000, to remain available until expended.
For necessary expenses of operations and training activities
authorized by law, $106,997,000, of which $23,600,000 shall remain
available until September 30, 2004, for salaries and benefits of
employees of the United States Merchant Marine Academy; of which
$13,500,000 shall remain available until expended for capital
improvements at the United States Merchant Marine Academy; of which
$8,063,000 shall remain available until expended for the State Maritime
Schools Schoolship Maintenance and Repair; of which $500,000 shall
remain available until expended for the evaluation and provision of the
fourteen commercially strategic ports; and of which $1,000,000 shall
remain available until September 30, 2005, for Maritime Security
Professional Training in support of section 109 of the Maritime
Transportation Security Act of 2002.
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$16,211,000, to remain available until expended.
For administrative expenses to carry out the guaranteed loan
program, not to exceed $4,498,000, which shall be transferred to and
merged with the appropriation for Operations and Training.
Of the unobligated balances available under this heading, $4,107,056
are rescinded.
Sec. 180. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control
[[Page 118 STAT. 313]]
of the Maritime Administration, and payments received therefore shall be
credited to the appropriation charged with the cost thereof: Provided,
That rental payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall be covered
into the Treasury as miscellaneous receipts.
Sec. 181. No obligations shall be incurred during the current fiscal
year from the construction fund established by the Merchant Marine Act,
1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act.
Research and Special Programs Administration
For expenses necessary to discharge the functions of the Research
and Special Programs Administration, $46,441,000, of which $645,000
shall be derived from the Pipeline Safety Fund, and of which $2,510,000
shall remain available until September 30, 2006: Provided, That up to
$1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited
in the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $66,305,000,
of which $13,000,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2006; of which
$53,305,000 shall be derived from the Pipeline Safety Fund, of which
$21,828,000 shall remain available until September 30, 2006.
For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2006: Provided, That not more than $14,300,000 shall
be made available for obligation in fiscal year 2004 from amounts made
available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That none
of the funds made available by 49 U.S.C. 5116(i) and 5127(d) shall be
made available for obligation by individuals other than the Secretary of
Transportation, or his designee.
[[Page 118 STAT. 314]]
Office of Inspector General
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$56,000,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3) to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the <<NOTE: Air carriers.>> Department: Provided further, That the funds
made available under this heading shall be used to investigate, pursuant
to section 41712 of title 49, United States Code: (1) unfair or
deceptive practices and unfair methods of competition by domestic and
foreign air carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of this
proviso.
Surface Transportation Board
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $19,521,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,050,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2004, to
result in a final appropriation from the general fund estimated at no
more than $18,471,000.
TITLE II--DEPARTMENT OF THE TREASURY
Departmental Offices
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business;
not to exceed $3,000,000, to remain available until September 30, 2005,
for information technology modernization requirements; not to exceed
$150,000 for official reception and representation expenses; not to
exceed $258,000 for unforeseen emergencies of a confidential nature, to
be allocated and expended under the direction of the Secretary of the
Treasury and to be accounted for solely on his certificate,
$176,109,000: Provided, That the Office of Foreign Assets Control shall
be funded at no less than $21,855,000 and 120 full time equivalent
positions: Provided further, That of these amounts, $2,900,000 is
available for grants to State and local law enforcement groups to help
fight
[[Page 118 STAT. 315]]
money laundering: Provided further, That of these amounts, $3,393,000,
to remain available until September 30, 2005, shall be for the Treasury-
wide Financial Statement Audit Program, of which such amounts as may be
necessary may be transferred to accounts of the Department's offices and
bureaus to conduct audits: Provided further, That this transfer
authority shall be in addition to any other provided in this Act.
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$36,400,000, to remain available until September 30, 2006: Provided,
That these funds shall be transferred to accounts and in amounts as
necessary to satisfy the requirements of the Department's offices,
bureaus, and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds appropriated shall
be used to support or supplement the Internal Revenue Service
appropriations for Information Systems or Business Systems
Modernization.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, not to exceed $2,000,000 for official travel expenses,
including hire of passenger motor vehicles; and not to exceed $100,000
for unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General of the Treasury,
$13,000,000, of which not to exceed $2,500 shall be available for
official reception and representation expenses.
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase (not to exceed 150 for replacement only for
police-type use) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration; not to
exceed $6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration, $128,034,000.
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air Transportation
Safety and System Stabilization Act (Public Law 107-42), $2,538,000, to
remain available until expended.
[[Page 118 STAT. 316]]
For the repair, alteration, and improvement of the Treasury Building
and Annex, $25,000,000, to remain available until September 30, 2006, of
which not less than $7,000,000 shall not be available for obligation
until completion of the audit by the Treasury Inspector General or upon
the advance approval of the House and Senate Committees on
Appropriations.
Financial Crimes Enforcement Network
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel expenses of non-
Federal law enforcement personnel to attend meetings concerned with
financial intelligence activities, law enforcement, and financial
regulation; not to exceed $14,000 for official reception and
representation expenses; and for assistance to Federal law enforcement
agencies, with or without reimbursement, $57,571,000, of which not to
exceed $4,500,000 shall remain available until September 30, 2006; and
of which $8,152,000 shall remain available until September 30, 2005:
Provided, That funds appropriated in this account may be used to procure
personal services contracts.
Financial Management Service
For necessary expenses of the Financial Management Service,
$228,558,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2006, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$80,000,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for Laboratory Services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement.
United States Mint
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments. The aggregate amount of new
liabilities and obligations incurred during fiscal year 2004 under such
section 5136 for circulating coinage
[[Page 118 STAT. 317]]
and protective service capital investments of the United States Mint
shall not exceed $40,652,000.
Bureau of the Public Debt
For necessary expenses connected with any public-debt issues of the
United States, $178,052,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until expended for
systems modernization: Provided, That the sum appropriated herein from
the General Fund for fiscal year 2004 shall be reduced by not more than
$4,400,000 as definitive security issue fees and Treasury Direct
Investor Account Maintenance fees are collected, so as to result in a
final fiscal year 2004 appropriation from the general fund estimated at
$173,652,000. In addition, $40,000 to be derived from the Oil Spill
Liability Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as authorized
by section 1012 of Public Law 101-380.
Internal Revenue Service
For necessary expenses of the Internal Revenue Service for pre-
filing taxpayer assistance and education, filing and account services,
shared services support, general management and administration; and
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,033,000,000, of which up to
$4,100,000 shall be for the Tax Counseling for the Elderly Program, of
which $7,500,000 shall be available for low-income taxpayer clinic
grants, and of which not to exceed $25,000 shall be for official
reception and representation expenses.
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing litigation
support; conducting criminal investigation and enforcement activities;
securing unfiled tax returns; collecting unpaid accounts; conducting a
document matching program; resolving taxpayer problems through prompt
identification, referral and settlement; resolving essential earned
income tax credit compliance and error problems; compiling statistics of
income and conducting compliance research; purchase (for police-type
use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by U.S.C. 3109, at such rates as
may be determined by the Commissioner, $4,196,000,000, of which not to
exceed $1,000,000 shall remain available until September 30, 2006, for
research: Provided, That such sums may be transferred as necessary from
this account to the IRS Processing, Assistance, and Management
appropriation or the IRS Information Systems appropriation solely for
the purposes of management of the Earned Income Tax Compliance program
and to reimburse the Social Security Administration for the cost of
implementing section 1090 of the Taxpayer Relief Act of 1997 (Public Law
105-33): Provided further, That this transfer
[[Page 118 STAT. 318]]
authority shall be in addition to any other transfer authority provided
in this Act.
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information systems;
the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
as authorized by 5 U.S.C. 3109, at such rates as may be determined by
the Commissioner, $1,590,962,000, of which $200,000,000 shall remain
available until September 30, 2005.
For necessary expenses of the Internal Revenue Service,
$390,000,000, to remain available until September 30, 2006, for the
capital asset acquisition of information technology systems, including
management and related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by 5 U.S.C.
3109: Provided, That none of these funds may be obligated until the
Internal Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements established
by the Office of Management and Budget, including Circular A-11 part 3;
(2) complies with the Internal Revenue Service's enterprise
architecture, including the modernization blueprint; (3) conforms with
the Internal Revenue Service's enterprise life cycle methodology; (4) is
approved by the Internal Revenue Service, the Department of the
Treasury, and the Office of Management and Budget; (5) has been reviewed
by the General Accounting Office; and (6) complies with the acquisition
rules, requirements, guidelines, and systems acquisition management
practices of the Federal Government.
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $35,000,000, to
remain available until September 30, 2005.
Sec. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to any other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations.
Sec. 202. <<NOTE: 26 USC 7804 note.>> The Internal Revenue Service
shall maintain a training program to ensure that Internal Revenue
Service employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural relations.
Sec. 203. <<NOTE: Procedures. 26 USC 6103 note.>> The Internal
Revenue Service shall institute and enforce policies and procedures that
will safeguard the confidentiality of taxpayer information.
Sec. 204. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased manpower to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service
[[Page 118 STAT. 319]]
1-800 help line service a priority and allocate resources necessary to
increase phone lines and staff to improve the Internal Revenue Service
1-800 help line service.
Sec. 205. <<NOTE: Deadline. Proposal. Pensions.>> Within one hundred
and eighty days of enactment, the Secretary of the Treasury shall
present to the Congress a proposal for legislation which would provide
transition relief for older and longer-service participants affected by
conversions of their employers' traditional pension plans to cash
balance pension plans: Provided, That none of the funds made available
in this Act may be used by the Secretary of the Treasury, or his
designee, to issue any rule or regulation which implements the proposed
amendments to Internal Revenue Service regulations set forth in REG-
209500-86 and REG-164464-02, or any amendments reaching results similar
to such proposed amendments.
Sec. <<NOTE: 26 USC 32 note.>> 206. Study on Earned Income Tax
Credit Certification Program. (a) Study.--The Internal Revenue Service
shall conduct a study, as a part of any program that requires
certification (including pre-certification) in order to claim the earned
income tax credit under section 32 of the Internal Revenue Code of 1986,
on the following matters:
(1) The costs (in time and money) incurred by the
participants in the program.
(2) The administrative costs incurred by the Internal
Revenue Service in operating the program.
(3) The percentage of individuals included in the program
who were not certified for the credit, including the percentage
of individuals who were not certified due to--
(A) ineligibility for the credit; and
(B) failure to complete the requirements for
certification.
(4) The percentage of individuals to whom paragraph (3)(B)
applies who were--
(A) otherwise eligible for the credit; and
(B) otherwise ineligible for the credit.
(5) The percentage of individuals to whom paragraph (3)(B)
applies who--
(A) did not respond to the request for
certification; and
(B) responded to such request but otherwise failed
to complete the requirements for certification.
(6) The reasons--
(A) for which individuals described in paragraph
(5)(A) did not respond to requests for certification;
and
(B) for which individuals described in paragraph
(5)(B) had difficulty in completing the requirements for
certification.
(7) The characteristics of those individuals who were denied
the credit due to--
(A) failure to complete the requirements for
certification; and
(B) ineligibility for the credit.
(8) The impact of the program on non-English speaking
participants.
(9) The impact of the program on homeless and other highly
transient individuals.
(b) <<NOTE: Deadlines.>> Report.--
[[Page 118 STAT. 320]]
(1) Preliminary report.--Not later than July 30, 2004, the
Commissioner of the Internal Revenue Service shall submit to
Congress a preliminary report on the study conducted under
subsection (a).
(2) Final report.--Not later than June 30, 2005, the
Commissioner of the Internal Revenue Service shall submit to
Congress a final report detailing the findings of the study
conducted under subsection (a).
General Provisions--Department of the Treasury
Sec. 210. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 211. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Financial Management Service, Alcohol and
Tobacco Tax and Trade Bureau, Financial Crime Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations. No transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 212. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations. No
transfer may increase or decrease any such appropriation by more than 2
percent.
Sec. 213. <<NOTE: Certification.>> Of the funds available for the
purchase of law enforcement vehicles, no funds may be obligated until
the Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with Departmental vehicle
management principles: Provided, That the Secretary may delegate this
authority to the Assistant Secretary for Management.
Sec. 214. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 215. The Secretary of the Treasury may transfer funds from
``Salaries and Expenses'', Financial Management Service, to the Debt
Services Account as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such Salaries and
Expenses account from debt collections received in the Debt Services
Account.
Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``5 years'' and inserting ``6
years''.
Sec. 217. None of the funds appropriated or otherwise made available
by this or any other Act may be used by the United
[[Page 118 STAT. 321]]
States Mint to construct or operate any museum without the explicit
approval of the House Committee on Financial Services and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 218. <<NOTE: 12 USC 5018 note.>> For fiscal year 2004 and each
fiscal year thereafter, there are appropriated to the Secretary of the
Treasury such sums as may be necessary to reimburse financial
institutions in their capacity as depositaries and financial agents of
the United States for all services required or directed by the Secretary
of the Treasury, or the Secretary's designee, to be performed by such
financial institutions on behalf of the Department of the Treasury or
other Federal agencies, including services rendered prior to fiscal year
2004.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
Provided, <<NOTE: 3 USC 102 note.>> That none of the funds made
available for official expenses shall be expended for any other purpose
and any unused amount shall revert to the Treasury pursuant to section
1552 of title 31, United States Code.
White House Office
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President, $69,168,000:
Provided, That $8,650,000 of the funds appropriated shall be available
for reimbursements to the White House Communications Agency: Provided
further, That $7,231,000 of the funds appropriated under this heading
shall be available for the Homeland Security Council.
Executive Residence at the White House
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $12,501,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That
[[Page 118 STAT. 322]]
all reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, <<NOTE: Notices. Deadlines.>> That the
Executive Residence shall ensure that a written notice of any amount
owed for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after such
expense is incurred, and that such amount is collected within 30 days
after the submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess penalties and other
charges on any such amount that is not reimbursed within such 30 days,
in accordance with the interest and penalty provisions applicable to an
outstanding debt on a United States Government claim under section 3717
of title 31, United States Code: Provided further, That each such amount
that is reimbursed, and any accompanying interest and charges, shall be
deposited in the Treasury as <<NOTE: Deadline. Reports.>> miscellaneous
receipts: Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later than 90
days after the end of the fiscal year covered by this Act, a report
setting forth the reimbursable operating expenses of the Executive
Residence during the preceding fiscal year, including the total amount
of such expenses, the amount of such total that consists of reimbursable
official and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each such amount
that has been reimbursed as of the date of the report: Provided
further, <<NOTE: Records. White House Repair and Restoration>> That the
Executive Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
For the repair, alteration, and improvement of the Executive
Residence at the White House, $4,225,000, to remain available until
expended, for required maintenance, safety and health issues, and
continued preventative maintenance.
[[Page 118 STAT. 323]]
Council of Economic Advisers
For necessary expenses of the Council of Economic Advisors in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021), $4,502,000.
Office of Policy Development
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$4,109,000.
National Security Council
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $10,551,000.
Office of Administration
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $82,826,000, of which $20,578,000 shall remain
available until expended for the Capital Investment Plan for continued
modernization of the information technology infrastructure within the
Executive Office of the President.
Office of Management and Budget
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44,
United States Code, $67,159,000, of which not to exceed $3,000 shall be
available for official representation expenses:
Provided, <<NOTE: Applicability.>> That, as provided in 31 U.S.C.
1301(a), appropriations shall be applied only to the objects for which
appropriations were made except as otherwise provided by law: Provided
further, That none of the funds appropriated in this Act for the Office
of Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under the
provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the transcript of actual testimony of witnesses, except
for testimony of officials of the Office of Management and Budget,
before the Committees on Appropriations or the Committees on Veterans'
Affairs or their subcommittees: Provided further, That the preceding
shall not apply to printed hearings released by the Committees
[[Page 118 STAT. 324]]
on Appropriations or the Committees on Veterans' Affairs: Provided
further, That none of the funds appropriated in this Act may be
available to pay the salary or expenses of any employee of the Office of
Management and Budget who calculates, prepares, or approves any tabular
or other material that proposes the sub-allocation of budget authority
or outlays by the Committees on Appropriations among their
subcommittees.
Office of National Drug Control Policy
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); not
to exceed $10,000 for official reception and representation expenses;
and for participation in joint projects or in the provision of services
on matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $27,996,500;
of which $1,350,000 shall remain available until expended for policy
research and evaluation; and $1,500,000 for the National Alliance for
Model State Drug Laws: Provided, That the <<NOTE: 21 USC 1702
note. counterdrug technology assessment center (including transfer of
funds)>> Office is authorized to accept, hold, administer, and utilize
gifts, both real and personal, public and private, without fiscal year
limitation, for the purpose of aiding or facilitating the work of the
Office.
For necessary expenses for the Counterdrug Technology Assessment
Center for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$42,000,000, which shall remain available until expended, consisting of
$18,000,000 for counternarcotics research and development projects, and
$24,000,000 for the continued operation of the technology transfer
program: Provided, That the $18,000,000 for counternarcotics research
and development projects shall be available for transfer to other
Federal departments or agencies.
Federal Drug Control Programs
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $226,350,000,
for drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas, of which
no less than 51 percent shall be transferred to State and local entities
for drug control activities, which shall be obligated within 120 days of
the date of the enactment of this Act: Provided, That up to 49 percent,
to remain available until September 30, 2005, may be transferred to
Federal agencies and departments at a rate to be determined by the
Director, of which not less than $2,100,000 shall be used for auditing
services
[[Page 118 STAT. 325]]
and associated activities, and at least $500,000 of the $2,100,000 shall
be used to develop and implement a data collection system to measure the
performance of the High Intensity Drug Trafficking Areas Program:
Provided further, That High Intensity Drug Trafficking Areas Programs
designated as of September 30, 2003, shall be funded at no less than the
fiscal year 2003 initial allocation levels unless the Director submits
to the Committees on Appropriations, and the Committees approve,
justification for changes in those levels based on clearly articulated
priorities for the High Intensity Drug Trafficking Areas Programs, as
well as published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That a request shall be
submitted to the Committees on Appropriations for approval prior to the
obligation of funds of an amount in excess of the fiscal year 2004
budget request: Provided further, That such request shall be made in
compliance with the reprogramming guidelines.
For activities to support a national anti-drug campaign for youth,
and for other purposes, authorized by the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
$229,000,000, to remain available until expended, of which the following
amounts are available as follows: $145,000,000 to support a national
media campaign, as authorized by the Drug-Free Media Campaign Act of
1998; $70,000,000 to continue a program of matching grants to drug-free
communities, of which $1,000,000 shall be a directed grant to the
Community Anti-Drug Coalitions of America for the National Community
Anti-Drug Coalition Institute, as authorized in chapter 2 of the
National Narcotics Leadership Act of 1988, as amended; $3,000,000 for
the Counterdrug Intelligence Executive Secretariat; $2,000,000 for
evaluations and research related to National Drug Control Program
performance measures; $1,000,000 for the National Drug Court Institute;
$7,200,000 for the United States Anti-Doping Agency for anti-doping
activities; and $800,000 for the United States membership dues to the
World Anti-Doping Agency: Provided, That such funds may be transferred
to other Federal departments and agencies to carry out such activities:
Provided further, That of the amounts appropriated for a national media
campaign, no less than 78 percent shall be used for the purchase of
advertising time and space for the national media campaign.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000.
Special Assistance to the President and the Official Residence of the
Vice President
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
[[Page 118 STAT. 326]]
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,461,000.
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $331,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Sec. 301. Section 102 of title 3, United States Code, is amended by
striking ``, for which expense allowance'' and all that follows through
the first period and inserting ``. Any unused amount of such expense
allowance shall revert to the Treasury pursuant to section 1552 of title
31, United States Code. No amount of such expense allowance shall be
included in the gross income of the President.''.
TITLE IV--INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
For expenses necessary for the Architectural and Transportation
Barriers Compliance Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended $5,401,000: Provided, That,
notwithstanding any other provision of law, there may be credited to
this appropriation funds received for publications and training
expenses.
National Transportation Safety Board
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$73,499,000, of which not to exceed $2,000 may be used for official
reception and representation expenses.
For necessary expenses of the National Transportation Safety Board
for accident investigations, $600,000, to remain available until
expended: Provided, That these funds shall be available only
[[Page 118 STAT. 327]]
to the extent necessary to restore the balance of the emergency fund to
$2,000,000 (29 U.S.C. 1118(b)).
Committee for Purchase From People Who Are Blind or Severely Disabled
For necessary expenses of the Committee for Purchase From People Who
Are Blind or Severely Disabled established by Public Law 92-28,
$4,725,000.
Federal Election Commission
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, as amended, $51,240,000, of which no less
than $6,389,900 shall be available for internal automated data
processing systems, of which not to exceed $5,000 shall be available for
reception and representation expenses, and of which $800,000 shall be
available for necessary expenses to carry out the functions of the
Office of Election Administration: Provided, That upon the transfer of
functions of the Office of Election Administration to the Election
Assistance Commission under the provisions of title VIII of the Help
America Vote Act of 2002, any portion of such funds remaining available
as of the date of the transfer shall be transferred to the Election
Assistance Commission for purposes of carrying out such functions.
Election Assistance Commission
For necessary expenses to carry out the Help America Vote Act of
2002, $1,200,000.
Election Reform Programs
For necessary expenses to carry out a program of requirements
payments to States as authorized by section 257 of the Help America Vote
Act of 2002, $500,000,000: Provided, That no more that one-tenth of 1
percent of funds available for requirements payments under section 257
of the Help America Vote Act of 2002 shall be allocated to any
territory: Provided further, That of the funds made available for
providing grants to assist State and local efforts to improve election
technology and the administration of Federal elections, as authorized by
such Act, not to exceed $100,000 shall be transferred to the General
Services Administration for necessary administrative expenses to carry
out programs of payments to States as authorized by section 257 of such
Act.
[[Page 118 STAT. 328]]
Federal Labor Relations Authority
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $29,611,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Maritime Commission
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C.
5901-5902, $18,471,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
General Services Administration
For an additional amount to be deposited in, and to be used for the
purposes of, the Fund established pursuant to section 210(f) of the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 592), $446,000,000. The revenues and collections deposited into
the Fund shall be available for necessary expenses of real property
management and related activities not otherwise provided for, including
operation, maintenance, and protection of federally owned and leased
buildings; rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in connection
with the assignment, allocation and transfer of space; contractual
services incident to cleaning or servicing buildings, and moving; repair
and alteration of federally owned buildings including grounds,
approaches and appurtenances; care and safeguarding of sites;
[[Page 118 STAT. 329]]
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $6,758,208,000, of which: (1) $708,268,000 shall
remain available until expended for construction (including funds for
sites and expenses and associated design and construction services) of
additional projects at the following locations:
New Construction:
Alabama:
Anniston, United States Courthouse,
$4,400,000.
Tuscaloosa, Federal Building, $7,500,000.
California:
Los Angeles, United States Courthouse,
$50,000,000.
San Diego, Border Station, $34,211,000.
Colorado:
Denver Federal Center, site remediation,
$6,000,000.
District of Columbia:
Department of Transportation Headquarters,
$42,000,000.
Florida:
Orlando, United States Courthouse, $7,200,000.
Georgia:
Atlanta, Tuttle Building Annex, $10,600,000.
Maine:
Jackman, Border Station, $7,712,000.
Maryland:
Montgomery County, Food and Drug
Administration Consolidation, $42,000,000.
Suitland, United States Census Bureau,
$146,451,000.
Michigan:
Detroit, Ambassador Bridge Border Station,
$25,387,000.
New York:
Champlain, Border Station, $31,031,000.
North Carolina:
Charlotte, United States Courthouse,
$8,500,000.
Ohio:
Toledo, United States Courthouse, $6,500,000.
Pennsylvania:
Harrisburg, United States Courthouse,
$26,000,000.
South Carolina:
Greenville, United States Courthouse,
$11,000,000.
Texas:
Del Rio, Border Station, $23,966,000.
Eagle Pass, Border Station, $31,980,000.
Houston, Federal Bureau of Investigation,
$58,080,000.
[[Page 118 STAT. 330]]
McAllen, Border Station, $17,938,000.
San Antonio, United States Courthouse,
$8,000,000.
Virginia:
Richmond, United States Courthouse,
$83,000,000.
Washington:
Blaine, Border Station, $9,812,000.
Nonprospectus Construction, $9,000,000:
Provided, That each of the foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a greater amount:
Provided further, <<NOTE: Expiration date.>> That all funds for direct
construction projects shall expire on September 30, 2005, and remain in
the Federal Buildings Fund except for funds for projects as to which
funds for design or other funds have been obligated in whole or in part
prior to such date; (2) $991,300,000 shall remain available until
expended for repairs and alterations, which includes associated design
and construction services:
Repairs and Alterations:
Colorado:
Denver, Byron G. Rogers Federal Building--
Courthouse, $39,436,000.
District of Columbia:
320 First Street, $7,485,000.
Eisenhower Executive Office Building,
$65,757,000.
Federal Office Building 8, $134,872,000.
Main Interior Building, $15,603,000.
Fire & Life Safety, $68,188,000.
Georgia:
Atlanta, Richard B. Russell Federal Building,
$32,173,000.
Illinois:
Chicago, Dirksen Courthouse & Kluczynski
Federal Building, $24,056,000.
Springfield, Paul H. Findley Federal
Building--Courthouse, $6,183,000.
Indiana:
Terre Haute Federal Building--Post Office,
$4,600,000.
Massachusetts:
Boston, John W. McCormack Post Office and
Courthouse, $73,037,000.
New York:
Brooklyn, Emanuel Celler Courthouse,
$65,511,000.
North Dakota:
Fargo, Federal Building--Post Office,
$5,801,000.
Ohio:
Columbus, John W. Bricker Federal Building,
$10,707,000.
Washington:
Auburn, Building 7, Auburn Federal Building,
$18,315,000.
Bellingham, Federal Building, $2,610,000.
[[Page 118 STAT. 331]]
Seattle, Henry M. Jackson Federal Building,
$6,868,000.
Special Emphasis Programs:
Chlorofluorocarbons Program, $5,000,000.
Energy Program, $5,000,000.
Glass Fragmentation Program, $20,000,000.
Design Program, $41,462,000:
Provided further, That funds made available in any previous Act in the
Federal Buildings Fund for Repairs and Alterations shall, for prospectus
projects, be limited to the amount identified for each project, except
each project in any previous Act may be increased by an amount not to
exceed 10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully approved may
be funded under this category only if advance approval is obtained from
the Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ``Repairs and Alterations'' may be
used to fund costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security in
accordance with current law and in compliance with the reprogramming
guidelines of the appropriate Committees of the House and Senate:
Provided further, That the difference between the funds appropriated and
expended on any projects in this or any prior Act, under the heading
``Repairs and Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases <<NOTE: Expiration
date.>> in prospectus projects: Provided further, That all funds for
repairs and alterations prospectus projects shall expire on September
30, 2005, and remain in the Federal Buildings Fund except funds for
projects as to which funds for design or other funds have been obligated
in whole or in part prior to such date: Provided further, That the
amount provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government arising
from any projects under the heading ``Repairs and Alterations'' or used
to fund authorized increases in prospectus projects: Provided further,
That the funds available herein for repairs to the Bellingham,
Washington, Federal Building, shall be available for transfer to the
city of Bellingham, Washington, subject to disposal of the building to
the city; (3) $169,745,000 for installment acquisition payments
including payments on purchase contracts which shall remain available
until expended; (4) $3,280,187,000 for rental of space which shall
remain available until expended; and (5) $1,608,708,000 for building
operations which shall remain available until expended: Provided
further, That funds available to the General Services Administration
shall not be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if required
by the Public Buildings Act of 1959, as amended, has not been approved,
except that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus: Provided
further, That funds available in the Federal Buildings Fund may be
expended for emergency repairs when advance approval is obtained from
the Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other agencies
under section 210(f)(6) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and amounts to
provide
[[Page 118 STAT. 332]]
such reimbursable fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control as
may be appropriate to enable the United States Secret Service to perform
its protective functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2004, excluding reimbursements under section 210(f)(6) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2))
in excess of $6,717,208,000 shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriations Acts.
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, telecommunications, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109, $56,383,000.
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property;
telecommunications, information technology management, and related
technology activities; providing Internet access to Federal information
and services; agency-wide policy direction and management, and Board of
Contract Appeals; accounting, records management, and other support
services incident to adjudication of Indian Tribal Claims by the United
States Court of Federal Claims; services as authorized by 5 U.S.C. 3109;
and not to exceed $7,500 for official reception and representation
expenses, $88,110,000.
For necessary expenses of the Office of Inspector General and
services authorized by 5 U.S.C. 3109, $39,169,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
For necessary expenses in support of interagency projects that
enable the Federal Government to expand its ability to conduct
activities electronically, through the development and implementation of
innovative uses of the Internet and other electronic methods,
$3,000,000, to remain available until expended: Provided, That
[[Page 118 STAT. 333]]
these funds may be transferred to Federal agencies to carry out the
purposes of the Fund: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided in this
Act: Provided further, That such transfers may not be made until 10 days
after a proposed spending plan and justification for each project to be
undertaken has been submitted to the Committees on Appropriations.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958, as
amended (3 U.S.C. 102 note), and Public Law 95-138, $3,393,000:
Provided, That the Administrator of General Services shall transfer to
the Secretary of the Treasury such sums as may be necessary to carry out
the provisions of such Acts.
Sec. 401. The appropriate appropriation or fund available to the
General Services Administration shall be credited with the cost of
operation, protection, maintenance, upkeep, repair, and improvement,
included as part of rentals received from Government corporations
pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made available for
fiscal year 2004 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That any proposed transfers shall be
approved in advance by the Committees on Appropriations.
Sec. 404. No funds made available by this Act shall be used to
transmit a fiscal year 2005 request for United States Courthouse
construction that: (1) does not meet the design guide standards for
construction as established and approved by the General Services
Administration, the Judicial Conference of the United States, and the
Office of Management and Budget; and (2) does not reflect the priorities
of the Judicial Conference of the United States as set out in its
approved 5-year construction plan: Provided, That the fiscal year 2005
request must be accompanied by a standardized courtroom utilization
study of each facility to be constructed, replaced, or expanded.
Sec. 405. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in compliance with the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Funds provided to other Government agencies by the
Information Technology Fund, General Services Administration, under
section 110 of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 757) and sections 5124(b) and 5128 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1424(b) and 1428), for performance of pilot
information technology projects which have
[[Page 118 STAT. 334]]
potential for Government-wide benefits and savings, may be repaid to
this Fund from any savings actually incurred by these projects or other
funding, to the extent feasible.
Sec. 407. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations.
Sec. 408. (a) <<NOTE: New Hampshire.>> Notwithstanding any other
provision of law, the Administrator of General Services is authorized to
acquire, under such terms and conditions as he deems to be in the
interests of the United States, approximately 27 acres of land,
identified as Site 7 and located at 234 Corporate Drive, Pease
International Tradeport, Portsmouth, NH 03801, as a site for the public
building needs of the Federal Government, and to design and construct
upon the site a new Federal Office Building of approximately 98,000
gross square feet: Provided, That the Administrator shall not acquire
any property under this subsection until the Administrator determines
that the property is in compliance with applicable environmental laws,
and that the property is suitable and available for use as a site to
house the Federal agencies presently located in the Thomas J. McIntyre
Federal Building.
(b) For the site acquisition, design, construction, and relocation,
$11,149,000 shall be available from funds previously provided under the
heading ``General Services Administration, Real Property Activities,
Federal Buildings Fund'' in Public Law 108-7 for repairs and alterations
to the Thomas J. McIntyre Federal Building in Portsmouth, New Hampshire,
which was included in the plan for expenditure of repairs and
alterations funds as required by accompanying House Report No. 108-10.
(c) For any additional costs of construction, management and
inspection of the new facility to house the Federal agencies relocated
from the McIntyre Federal Office Building, and for the costs of
relocating the Federal agencies occupying the McIntyre Federal Office
Building, $13,669,000 shall be deposited into the Federal Buildings Fund
(40 U.S.C. 592) from the general fund; which amount, together with the
amount set forth in subsection (b) of this section shall remain
available until expended and shall be subject to such escalation and
reprogramming authorities available to the Administrator for any other
new construction projects under the heading ``Federal Building Fund
Limitations on Availability of Revenue''.
(d) The Administrator is authorized and directed to convey, without
consideration, the Thomas J. McIntyre Federal Office Building to the
City of Portsmouth, New Hampshire for economic development purposes
subject to the following conditions: (i) that all Federal agencies
currently occupying the McIntyre Building except the United States
Postal Service are completely relocated to the new Federal Building for
so long as those agencies have continuing mission needs for that new
location; (ii) that the requirements of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11411 et seq.) shall not apply to this
conveyance; and (iii) that the Administrator may include in the
conveyance documents such terms and conditions as the Administrator
determines in the best interest of the United States.
[[Page 118 STAT. 335]]
Sec. 409. (a) The Administrator of General Services shall carry out
the authority of the Election Assistance Commission to make election
assistance payments under subtitle D of title II of the Help America
Vote Act of 2002, including the authority under such subtitle to receive
statements and applications from entities seeking such payments and
reports from entities receiving such payments.
(b) <<NOTE: Applicability. Expiration date.>> The authority of the
Administrator of General Services under subsection (a) shall apply with
respect to amounts appropriated for fiscal year 2004 and amounts
appropriated for fiscal year 2003 which remain unobligated and
unexpended at the end of fiscal year 2003, except that this authority
shall expire upon the earlier of--
(1) the expiration of the 3-month period which begins on the
date on which all members of the Election Assistance Commission
are appointed; or
(2) June 30, 2004.
(c) <<NOTE: Reports.>> Upon the appointment of all members of the
Election Assistance Commission, the Administrator of General Services
shall transmit to the Commission all statements, applications, and
reports received by the Administrator in carrying out this section.
Sec. 410. None of the funds made available in this Act may be used
by the General Services Administration to establish a quick response
team processing center on East Brainerd Road in Chattanooga, Tennessee.
Sec. 411. Completion of Land Conveyance, San Joaquin County,
California. Section 140 of division C of Public Law 105-277 (112 Stat.
2681-599), as amended by section 3034 of the 1999 Emergency Supplemental
Appropriations Act (Public Law 106-31; 113 Stat. 104), is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``Attorney
General'' and inserting ``Administrator of General
Services, on behalf of the Attorney General,'';
(B) in the second sentence, by striking ``Attorney
General'' and inserting ``Administrator''; and
(C) in the second sentence, by striking ``not later
than August 21, 1999'' and inserting ``as soon as
practicable'';
(2) in subsection (b), by striking ``Attorney General'' and
inserting ``Administrator'';
(3) in subsection (c)(1)--
(A) in the first sentence, by striking ``as the
location'' and all that follows through ``other
educational purposes'' and inserting ``for educational
or recreational purposes''; and
(B) by striking the second sentence;
(4) in subsection (c)(2), by striking ``Attorney General''
and inserting ``Administrator'';
(5) in subsection (d), by striking paragraph (2) and
inserting the following new paragraph:
``(2) The use of the real property conveyed under subsection (a) for
recreational purposes, as provided in subsection (c), shall be subject
to the approval of the Secretary of the Interior.'';
(6) in subsection (e)--
(A) in paragraph (1), by striking ``If the
Secretary'' and all that follows through ``not being
used'' and inserting ``If a portion of the real property
conveyed under subsection
[[Page 118 STAT. 336]]
(a) is used for educational purposes, as provided in
subsection (c), and the Secretary of Education
determines that such portion is no longer being used'';
and
(B) in paragraph (2), by striking ``as a public park
or for other recreational purposes'' and inserting ``for
recreational purposes''; and
(7) in subsection (f), by striking ``Attorney General'' and
inserting ``Administrator''.
Merit Systems Protection Board
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
the Civil Service Reform Act of 1978, including services as authorized
by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia
and elsewhere, hire of passenger motor vehicles, and direct procurement
of survey printing, $32,877,000 together with not to exceed $2,626,000
for administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability Fund in
amounts determined by the Merit Systems Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
For payment to the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Trust Fund, pursuant to the Morris K.
Udall Scholarship and Excellence in National Environmental and Native
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $1,996,000,
to remain available until expended of which up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and
9 of Public Law 102-259: Provided, That up to 60 percent of such funds
may be transferred by the Morris K. Udall Scholarship and Excellence in
National Environmental Policy Foundation for the necessary expenses of
the Native Nations Institute.
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $1,309,000, to remain available until expended.
National Archives and Records Administration
For necessary expenses in connection with the administration of the
National Archives and Records Administration (including the Information
Security Oversight Office) and archived Federal
[[Page 118 STAT. 337]]
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, and for the
hire of passenger motor vehicles, $256,700,000: Provided, That the
Archivist of the United States is authorized to use any excess funds
available from the amount borrowed for construction of the National
Archives facility, for expenses necessary to provide adequate storage
for holdings: Provided further, That, of the funds provided in this
paragraph, $600,000 shall be for the preservation of the records of the
Freedmen's Bureau.
For necessary expenses in connection with the development of an
electronic records archive, to include all direct project costs
associated with research, analysis, design, development, and program
management, $35,914,000, of which $22,000,000 shall remain available
until September 30, 2006.
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $13,708,000, to remain
available until expended, of which $500,000 is for the Military
Personnel Records Center requirements study, of which $2,250,000 is for
land acquisition for a site in Anchorage, Alaska, to construct a new
regional archives and records facility and of which $5,000,000 is for
the repair and restoration of the plaza that surrounds the Lyndon Baines
Johnson Presidential Library and that is under the joint control and
custody of the University of Texas: Provided, That such funds may be
transferred directly to the University and used, together with
University funds, for repair and restoration of the plaza and remain
available until expended for this purpose: Provided further, That the
same transfer authority shall extend to funds previously appropriated in
Public Law 108-7 for this purpose.
National Historical Publications and Records Commission
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, as amended,
$10,000,000, to remain available until expended.
Office of Government Ethics
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, as
amended and the Ethics Reform Act of 1989, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the District
of Columbia and elsewhere, hire of passenger motor vehicles, and not to
exceed $1,500 for official reception and representation expenses,
$10,738,000.
[[Page 118 STAT. 338]]
Office of Personnel Management
For necessary expenses to carry out functions of the Office of
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of the Office of
Personnel Management and the Federal Bureau of Investigation for
expenses incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $119,498,000, of which
$2,000,000 shall remain available until expended for the cost of the
enterprise human resources integration project, and $2,500,000 shall
remain available until expended for the cost of leading the Government-
wide initiative to modernize the Federal payroll systems and service
delivery and $2,500,000 shall remain available through September 30,
2005, to coordinate and conduct program evaluation and performance
measurement; and in addition $135,914,000 for administrative expenses,
to be transferred from the appropriate trust funds of the Office of
Personnel Management without regard to other statutes, including direct
procurement of printed materials, for the retirement and insurance
programs, of which $36,700,000 shall remain available until expended for
the cost of automating the retirement recordkeeping systems: Provided,
That the provisions of this appropriation shall not affect the authority
to use applicable trust funds as provided by sections 8348(a)(1)(B),
8909(g), and 9004(f)(1)(A) and (2)(A) of title 5, United States Code:
Provided further, That no part of this appropriation shall be available
for salaries and expenses of the Legal Examining Unit of the Office of
Personnel Management established pursuant to Executive Order No. 9358 of
July 1, 1943, or any successor unit of like purpose: Provided further,
That the President's Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during fiscal year
2004, accept donations of money, property, and personal services in
connection with the development of a publicity brochure to provide
information about the White House Fellows, except that no such donations
shall be accepted for travel or reimbursement of travel expenses, or for
the salaries of employees of such Commission.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act, as amended,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $1,498,000, and in addition, not to
[[Page 118 STAT. 339]]
exceed $14,427,000 for administrative expenses to audit, investigate,
and provide other oversight of the Office of Personnel Management's
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
For payment of Government contributions with respect to retired
employees, as authorized by chapter 89 of title 5, United States Code,
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as
amended, such sums as may be necessary.
For payment of Government contributions with respect to employees
retiring after December 31, 1989, as required by chapter 87 of title 5,
United States Code, such sums as may be necessary.
For financing the unfunded liability of new and increased annuity
benefits becoming effective on or after October 20, 1969, as authorized
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
Civil Service Retirement and Disability Fund, such sums as may be
necessary: Provided, <<NOTE: 33 USC 776. Human Capital Performance
Fund (including transfer of funds)>> That annuities authorized by the
Act of May 29, 1944, as amended, and the Act of August 19, 1950, as
amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil
Service Retirement and Disability Fund.
For a human capital performance fund, $1,000,000: Provided, That
such amount shall not be available for obligation or transfer until
enactment of legislation that establishes a human capital performance
fund within the Office of Personnel Management: Provided further, That
such amounts as determined by the Director of the Office of Personnel
Management may be transferred to Federal agencies to carry out the
purposes of this fund as authorized: Provided further, That no funds
shall be available for obligation or transfer to any Federal agency
until the Director has notified the relevant subcommittees of
jurisdiction of the Committees on Appropriations of the approval of a
performance pay plan for that agency, and the prior approval of such
subcommittees has been attained.
Office of Special Counsel
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the
Whistleblower Protection Act of 1989 (Public
[[Page 118 STAT. 340]]
Law 101-12), as amended, Public Law 103-424, and the Uniformed Services
Employment and Reemployment Act of 1994 (Public Law 103-353), including
services as authorized by 5 U.S.C. 3109, payment of fees and expenses
for witnesses, rental of conference rooms in the District of Columbia
and elsewhere, and hire of passenger motor vehicles; $13,504,000.
United States Postal Service
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $65,521,000, of which $36,521,000
shall not be available for obligation until October 1, 2004: Provided,
That mail for overseas voting and mail for the blind shall continue to
be free: Provided further, <<NOTE: 39 USC 403 note.>> That 6-day
delivery and rural delivery of mail shall continue at not less than the
1983 level: Provided further, That none of the funds made available to
the Postal Service by this Act shall be used to implement any rule,
regulation, or policy of charging any officer or employee of any State
or local child support enforcement agency, or any individual
participating in a State or local program of child support enforcement,
a fee for information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds provided in
this Act shall be used to consolidate or close small rural and other
small post offices in fiscal year 2004.
United States Tax Court
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $40,187,000: Provided,
That <<NOTE: 26 USC 7443 note.>> travel expenses of the judges shall be
paid upon the written certificate of the judge.
White House Commission on the National Moment of Remembrance
For necessary expenses of the White House Commission on the National
Moment of Remembrance, $250,000.
TITLE V--GENERAL PROVISIONS
This Act
Sec. 501. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
[[Page 118 STAT. 341]]
Sec. 502. Such sums as may be necessary for fiscal year 2004 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
Sec. 503. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for an Executive Level IV.
Sec. 504. None of the funds in this Act shall be available for
salaries and expenses of more than 106 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 505. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 506. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 507. <<NOTE: Contracts. Public information.>> The expenditure
of any appropriation under this Act for any consulting service through
procurement contract pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expenditures are a
matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 508. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 509. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 510. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited respectively
to the Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Transit Planning and
Research'' account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail safety
inspectors participating in training pursuant to 49 U.S.C. 20105.
Sec. 511. Notwithstanding any other provision of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount determined by the Secretary.
Sec. 512. None of the funds in title I of this Act may be used to
make a grant unless the Secretary of Transportation notifies the House
and Senate Committees on Appropriations not less than 3 full business
days before any discretionary grant award, letter
[[Page 118 STAT. 342]]
of intent, or full funding grant agreement totaling $1,000,000 or more
is announced by the department or its modal administrations from: (1)
any discretionary grant program of the Federal Highway Administration
other than the emergency relief program; (2) the airport improvement
program of the Federal Aviation Administration; or (3) any program of
the Federal Transit Administration other than the formula grants and
fixed guideway modernization programs: Provided, That no notification
shall involve funds that are not available for obligation.
Sec. 513. <<NOTE: Oklahoma.>> For the purpose of any applicable law,
for fiscal year 2004, the City of Norman, Oklahoma, shall be considered
to be part of the Oklahoma City Transportation Management Area.
Sec. 514. None of the funds in title I of this Act may be obligated
for the Office of the Secretary of Transportation to approve assessments
or reimbursable agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 515. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 516. Rebates, refunds, incentive payments, minor fees and other
funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 517. Funds provided in this Act for the Working Capital Fund
shall be reduced by $17,816,000, which limits fiscal year 2004 Working
Capital Fund obligational authority for elements of the Department of
Transportation funded in this Act to no more than $98,899,000: Provided,
That such reductions from the budget request shall be allocated by the
Department of Transportation to each appropriations account in
proportion to the amount included in each account for the Working
Capital Fund.
Sec. 518. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments: Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts:
[[Page 118 STAT. 343]]
Provided, <<NOTE: Notification.>> That prior to the
transfer of any such recovery to an appropriations
account, the Secretary shall notify the House and Senate
Committees on Appropriations of the amount and reasons
for such transfer: Provided further, That for purposes
of this section, the term ``improper payments'', has the
same meaning as that provided in section 2(d)(2) of
Public Law 107-300.
Sec. 519. The Secretary of Transportation is authorized to transfer
the unexpended balances available for the bonding assistance program
from ``Office of the Secretary, Salaries and expenses'' to ``Minority
Business Outreach''.
Sec. 520. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation, or
policy that would prohibit the enforcement of section 307 of the Tariff
Act of 1930.
Sec. 521. (a) In General.--The Secretary of Transportation--
(1) shall, without regard to any fiscal year limitation,
maintain in full force and effect the restrictions imposed under
Federal Aviation Administration Notices to Airmen FDC 3/2122,
FDC 3/2123, and FDC 2/0199; and
(2) may not grant any waivers or exemptions from such
restrictions, except--
(A) as authorized by air traffic control for
operational or safety purposes;
(B) with respect to an event, stadium, or other
venue--
(i) for operational purposes;
(ii) for the transport of team members,
officials of the governing body, and immediate
family members and guests of such team members and
officials to and from such event, stadium, or
venue;
(iii) in the case of a sporting event, for the
transport of equipment or parts to and from such
sporting event;
(iv) to permit a broadcast rights holder to
provide broadcast coverage of such event, stadium,
or venue; and
(v) for safety and security purposes related
to such event, stadium, or venue; and
(C) to allow the operation of an aircraft in
restricted airspace to the extent necessary to arrive at
or depart from an airport using standard air traffic
control procedures.
(b) Limitations on Use of Funds.--None of the funds appropriated or
otherwise made available by title I of this Act may be obligated or
expended to terminate or limit the restrictions imposed under the
Federal Aviation Administration Notices to Airmen referred to in
subsection (a), or to grant waivers of, or exemptions from, such
restrictions except as provided under subsection (a)(2).
(c) Broadcast Contracts not Affected.--Nothing in this section shall
be construed to affect contractual rights pertaining to any broadcasting
agreement.
Sec. 522. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee
[[Page 118 STAT. 344]]
who has left to enter the Armed Forces of the United States and has
satisfactorily completed his period of active military or naval service,
and has within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more than
1 year, made application for restoration to his former position and has
been certified by the Office of Personnel Management as still qualified
to perform the duties of his former position and has not been restored
thereto.
Sec. 523. No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the assistance
the entity will comply with sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy America Act'').
Sec. 524. (a) Purchase of American-Made Equipment and Products.--
Hereafter, in the case of any equipment or products that may be
authorized to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving such
assistance should, in expending the assistance, purchase only American-
made equipment and products.
(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the Secretary of the Treasury shall provide
to each recipient of the assistance a notice describing the statement
made in subsection (a) by the Congress.
Sec. 525. Hereafter, if it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, such person shall be ineligible to
receive any contract or subcontract made with funds provided pursuant to
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 526. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2004 from appropriations made available for salaries and
expenses for fiscal year 2004 in this Act, shall remain available
through September 30, 2005, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 527. None of the funds made available in this Act may be used
by the Executive Office of the President to request from the Federal
Bureau of Investigation any official background investigation report on
any individual, except when--
(1) such individual has given his or her express written
consent for such request not more than 6 months prior to the
date of such request and during the same presidential
administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 528. The cost accounting standards promulgated under section 26
of the Office of Federal Procurement Policy Act (Public Law 93-400; 41
U.S.C. 422) shall not apply with respect to a contract under the Federal
Employees Health Benefits Program established under chapter 89 of title
5, United States Code.
[[Page 118 STAT. 345]]
Sec. 529. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office pursuant to court approval.
Sec. 530. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 531. <<NOTE: Abortion.>> No funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefits program which provides any benefits or coverage for
abortions.
Sec. 532. The provision of section 531 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 533. None of the funds provided in this Act, provided by
previous appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in fiscal year
2004, or provided from any accounts in the Treasury derived by the
collection of fees and available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is greater; or
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is greater,
unless prior approval is received from the House and Senate Committees
on Appropriations.
Sec. 534. None of the funds made available in this Act may be used
to require a State or local government to post a traffic control device
or variable message sign, or any other type of traffic warning sign, in
a language other than English, except with respect to the names of
cities, streets, places, events, or signs related to an international
border.
Sec. 535. Exemption From Limitations on Procurement of Foreign
Information Technology That Is a Commercial Item. (a) Exemption.--In
order to promote Government access to commercial information technology,
the restriction on purchasing nondomestic articles, materials, and
supplies set forth in the Buy American Act (41 U.S.C. 10a et seq.),
shall not apply to the acquisition by the Federal Government of
information technology (as defined in section 11101 of title 40, United
States Code, that is a commercial item (as defined in section 4(12) of
the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
(b) Definition.--Section 11101(6) of title 40, United States Code,
is amended--
(1) in subparagraph (A), by inserting after ``storage,'' the
following: ``analysis, evaluation,''; and
[[Page 118 STAT. 346]]
(2) in subparagraph (B), by striking ``ancillary
equipment,'' and inserting ``ancillary equipment (including
imaging peripherals, input, output, and storage devices
necessary for security and surveillance), peripheral equipment
designed to be controlled by the central processing unit of a
computer,''.
Sec. 536. It is the sense of the House of Representatives that
empowerment zones within cities should have the necessary flexibility to
expand to include relevant communities so that empowerment zone benefits
are equitably distributed.
Sec. 537. It is the sense of the House of Representatives that all
census tracts contained in an empowerment zone, either fully or
partially, should be equitably accorded the same benefits.
Sec. 538. None of the funds made available in this Act may be used
to finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in nature
or incidental to a financial activity published in the Federal
Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section 1501.2 of
title 12, Code of Federal Regulations.
Sec. 539. It is the sense of Congress that, after proper
documentation, justification, and review, the Department of
Transportation should consider programs to reimburse general aviation
ground support services at Ronald Reagan Washington National Airport,
and airports located within fifteen miles of Ronald Reagan Washington
National Airport, for their financial losses due to Government actions
after the terrorist attacks of September 11, 2001.
Sec. 540. It is the sense of the House of Representatives that
public private partnerships (PPPs) could help eliminate some of the cost
drivers behind complex, capital-intensive highway and transit projects.
The House of Representatives encourages the Secretary of Transportation
to apply available funds to select projects that are in the development
phase, eligible under title 23 and title 49, United States Code, except
23 U.S.C. 133(b)(8), and that employ a PPP strategy.
Sec. 541. Section 414(h) of title 39, United States Code, is amended
by striking ``2003'' and inserting ``2005''.
Sec. 542. <<NOTE: Fees.>> None of the funds in title I of this Act
may be used to adopt rules or regulations concerning travel agent
service fees unless the Department of Transportation publishes in the
Federal Register revisions to the proposed rule and provides a period
for additional public comment on such proposed rule for a period not
less than 60 days.
Sec. 543. (a) Section 103 of the Presidential Recordings and
Materials Preservation Act (Public Law 93-526; 44 U.S.C. 2111 note) is
amended by striking the second sentence and inserting the following:
``The Archivist may transfer such recordings and materials to a
Presidential archival depository in accordance with section 2112 of
title 44, United States Code.''.
(b) Nothing in section 103 of the Presidential Recordings and
Materials Preservation Act (Public Law 93-526; 44 U.S.C. 2111 note), as
amended by subsection (a), may be construed as affecting public access
to the recordings and materials referred to in that section as provided
in regulations promulgated pursuant to section 104 of such Act.
[[Page 118 STAT. 347]]
Sec. <<NOTE: Oklahoma City National Memorial Act Amendments of
2003. 16 USC 450ss note.>> 544. Amendments to Oklahoma City National
Memorial Act of 1997. (a) Short Title.--This section may be cited as the
``Oklahoma City National Memorial Act Amendments of 2003''.
(b) Foundation Defined; Conforming Amendment.--Section 3 of the
Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-1) is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(2) by inserting immediately preceding paragraph (2) (as so
redesignated by paragraph (1) of this subsection) the following
new paragraph:
``(1) Foundation.--The term `Foundation' means the Oklahoma
City National Memorial Foundation, a not-for-profit corporation
that is--
``(A) described in section 501(c)(3) of the Internal
Revenue Code of 1986;
``(B) exempt from taxation under section 501(a) of
such Code; and
``(C) dedicated to the support of the Memorial.'';
and
(3) in paragraph (3), by striking ``designated under section
5(a)''.
(c) Administration of Memorial by Foundation.--Section 4 of the
Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-2) is
amended--
(1) in subsection (a)--
(A) by striking ``a unit'' and inserting ``an
affiliate''; and
(B) by striking the second sentence;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection:
``(b) Administration of Memorial.--The Foundation shall administer
the Memorial in accordance with this Act and the general objectives of
the `Memorial Mission Statement', adopted March 26, 1996, by the
Foundation.''; and
(4) in subsection (c) (as so redesignated by paragraph (2)
of this subsection) by striking ``1997 (hereafter'' and all that
follows through the final period and inserting ``1997. The map
shall be on file and available for public inspection in the
appropriate office of the Foundation.''.
(d) Transfer of Memorial Property, Rights, Authorities, and
Duties.--Section 5 of the Oklahoma City National Memorial Act of 1997
(16 U.S.C. 450ss-3) is amended to read as follows:
``SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, AND
DUTIES.
``(a) Transfer of Memorial Property.--
``(1) In general.--Not <<NOTE: Deadline.>> later than 90
days after the date of the enactment of the Oklahoma City
National Memorial Act Amendments of 2003, the Trust shall
transfer to the Foundation--
``(A) all assets of the Trust, including all real
and personal property of the Memorial, any
appurtenances, buildings, facilities, monuments,
contents, artifacts, contracts and contract rights,
accounts, deposits, intangibles, trademarks, trade
names, copyrights, all other intellectual
[[Page 118 STAT. 348]]
property, all other real and personal property of every
kind and character comprising the Memorial, and any
amounts appropriated for the Trust;
``(B) any property owned by the Trust that is
adjacent or related to the Memorial; and
``(C) all property maintained for the Memorial,
together with all rights, authorities, and duties
relating to the ownership, administration, operation,
and management of the Memorial.
``(2) Subsequent gifts.--Any artifact, memorial, or other
personal property that is received by, or is intended by any
person to be given to, the Trust after the date of transfer of
property under paragraph (1) shall be the property of the
Foundation.
``(b) Assumption of Trust Obligations.--Any obligations of the Trust
relating to the Memorial that have been approved by the Trust before the
date on which the property is transferred under subsection (a) shall
become the responsibility of the Foundation on the date of the transfer.
``(c) Dissolution of Trust.--
Not <<NOTE: Deadline. Notification.>> later than 30 days after the
transfer under subsection (a) is completed--
``(1) the Trust shall be dissolved; and
``(2) the Trust shall notify the Secretary of the date of
dissolution.
``(d) Authority to Enter Into Agreements.--The Secretary, acting
through the National Park Service, is authorized to enter into 1 or more
cooperative agreements with the Foundation for the National Park Service
to provide interpretive services related to the Memorial and such other
assistance as may be agreed upon between the Secretary and the
Foundation. The costs of the services and other agreed assistance shall
be paid by the Secretary.
``(e) General Services Administration Authority.--The Administrator
of General Services shall provide, on a non-reimbursable basis, services
necessary for the facilitation of the transfer of the Memorial to the
Foundation.
``(f) Limitation.--Nothing in this Act shall prohibit the use of
State and local law enforcement for the purposes of security related to
the Memorial.''.
(e) Repeal of Duties and Authorities of Trust.--
(1) In general.--Section 6 of the Oklahoma City National
Memorial Act of 1997 (16 U.S.C. 450ss-4) is repealed.
(2) Effective date.--The <<NOTE: 16 USC 450ss-4
note.>> repeal under this subsection shall take effect upon the
transfer of the Memorial property, rights, authorities, and
duties pursuant to the amendments made by subsection (d).
(f) Authorization of Appropriations.--Section 7 of the Oklahoma City
National Memorial Act of 1997 (16 U.S.C. 450ss-5) is amended--
(1) in paragraph (1), by inserting ``for an endowment fund
subject to paragraph (2)'' after ``the sum of $5,000,000''; and
(2) in paragraph (2)--
(A) by striking ``Trust or to the Oklahoma City
Memorial''; and
(B) by striking ``or operation'' and inserting
``operation, or endowment''.
(g) <<NOTE: 16 USC 450ss-3 note.>> Authorization of Secretary to
Reimburse Previous Costs Paid by Foundation or Trust.--To the extent
that funds
[[Page 118 STAT. 349]]
are made available for the Trust, the Secretary of the Interior shall
reimburse the Oklahoma City National Memorial Foundation for funds
obligated or expended by the Oklahoma City National Memorial Foundation
or the Oklahoma City National Memorial Trust to the Secretary of the
Interior for interpretive services, security, and other costs and
services related to the Oklahoma City National Memorial before the date
of the enactment of this Act. The Oklahoma City National Memorial
Foundation may use such reimbursed funds for the operation, maintenance,
and permanent endowment of the Oklahoma City National Memorial.
(h) Repeal of Disposition of Site of Alfred P. Murrah Federal
Building.--Section 8 of the Oklahoma City National Memorial Act of 1997
(16 U.S.C. 450ss-6) is repealed.
(i) Repeal of Study Requirement.--Section 9 of the Oklahoma City
National Memorial Act of 1997 (16 U.S.C. 450ss-7) is repealed.
Sec. 545. Notwithstanding any other provision of law, the
unobligated balance of funds made available to the District of Columbia
under item 70 in the table contained in section 1106(b)(2) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 105 Stat. 2047) and the unobligated balance of funds made
available to the District of Columbia under item 554 of the table
contained in section 1602 of the Transportation Equity Act for the 21st
Century (Public Law 105-178, as amended; 112 Stat. 277) shall be made
available to carry out a project for the replacement of the existing
bridge on Kenilworth Avenue over Nannie Helen Burroughs Avenue and for a
ferry and ferry facility project on the Anacostia River.
Sec. 546. Section 345(6), <<NOTE: 117 Stat. 418.>> division I, of
Public Law 108-7 is amended by adding at the end of the section the
following ``In implementing section 345(6) the Secretary may also modify
the permitted uses of draws on the lines of credit to include any repair
and replacement costs.''.
Sec. 547. Notwithstanding any other provision of law, projects and
activities described in the statement of managers accompanying this Act
under the headings ``Federal-Aid Highways'' and ``Federal Transit
Administration'' shall be eligible for fiscal year 2004 funds made
available for the program for which each project or activity is so
designated and projects and activities under the heading ``Job Access
and Reverse Commute Grants'' shall be awarded those grants upon receipt
of an application.
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may be used to
pay travel to the United States for the immediate family of employees
serving abroad in cases of death or life threatening illness of said
employee.
Sec. 602. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2004 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as
[[Page 118 STAT. 350]]
defined in the Controlled Substances Act) by the officers and employees
of such department, agency, or instrumentality.
Sec. 603. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810),
for the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement, and undercover surveillance vehicles), is
hereby fixed at $8,100 except station wagons for which the maximum shall
be $9,100: Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000 for special
heavy-duty vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric or
hybrid vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels vehicles
acquired pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 605. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified
during the current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the Government
of the United States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United States; (2) is
a person in the service of the United States on the date of the
enactment of this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United States prior
to such date and is actually residing in the United States; (3) is a
person who owes allegiance to the United States; (4) is an alien from
Cuba, Poland, South Vietnam, the countries of the former Soviet Union,
or the Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian
refugee paroled in the United States after January 1, 1975; or (6) is a
national of the People's Republic of China who qualifies for adjustment
of status pursuant to the Chinese Student Protection Act of 1992:
Provided, That for the purpose of this section, an affidavit signed by
any such person shall be considered prima facie evidence that the
requirements of this section with respect to his or her status have been
complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction, shall be
fined no more than $4,000 or imprisoned for not more than 1 year, or
both: Provided further, That the above penal clause shall be in addition
to, and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the Philippines, or to
nationals of those countries allied
[[Page 118 STAT. 351]]
with the United States in a current defense effort, or to international
broadcasters employed by the United States Information Agency, or to
temporary employment of translators, or to temporary employment in the
field service (not to exceed 60 days) as a result of emergencies.
Sec. 606. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
law.
Sec. 607. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13101
(September 14, 1998), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 608. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the expenditure
of such funds unless otherwise specified in the Act by which they are
made available: Provided, That in the event any functions budgeted as
administrative expenses are subsequently transferred to or paid from
other funds, the limitations on administrative expenses shall be
correspondingly reduced.
Sec. 609. No part of any appropriation for the current fiscal year
contained in this or any other Act shall be paid to any person for the
filling of any position for which he or she has been nominated after the
Senate has voted not to approve the nomination of said person.
Sec. 610. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to the
Postal Service Fund (39 U.S.C. 2003) shall be available for employment
of guards for all buildings and areas owned or occupied by the Postal
Service and under the charge and control of the
[[Page 118 STAT. 352]]
Postal Service, and such guards shall have, with respect to such
property, the powers of special policemen provided by the first section
of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318),
and, as to property owned or occupied by the Postal Service, the
Postmaster General may take the same actions as the Administrator of
General Services may take under the provisions of sections 2 and 3 of
the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a and
318b), attaching thereto penal consequences under the authority and
within the limits provided in section 4 of the Act of June 1, 1948, as
amended (62 Stat. 281; 40 U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer, or
enforce any regulation which has been disapproved pursuant to a
resolution of disapproval duly adopted in accordance with the applicable
law of the United States.
Sec. 613. (a) <<NOTE: 5 USC 5343 note.>> Notwithstanding any other
provision of law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2004, by this or
any other Act, may be used to pay any prevailing rate employee described
in section 5342(a)(2)(A) of title 5, United States Code--
(1) during the period from the date of expiration of the
limitation imposed by the comparable section for previous fiscal
years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2004, in
an amount that exceeds the rate payable for the applicable grade
and step of the applicable wage schedule in accordance with such
section; and
(2) during the period consisting of the remainder of fiscal
year 2004, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under paragraph (1) by more
than the sum of--
(A) the percentage adjustment taking effect in
fiscal year 2004 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(B) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2004 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(b) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which subsection (a) is
in effect at a rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) <<NOTE: Regulations.>> For the purposes of this section, the
rates payable to an employee who is covered by this section and who is
paid from a schedule not in existence on September 30, 2003, shall be
determined under regulations prescribed by the Office of Personnel
Management.
(d) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this section may not be changed from the rates
in effect on September 30, 2003, except to the
[[Page 118 STAT. 353]]
extent determined by the Office of Personnel Management to be consistent
with the purpose of this section.
(e) <<NOTE: Applicability.>> This section shall apply with respect
to pay for service performed after September 30, 2003.
(f) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this section shall be treated as the
rate of salary or basic pay.
(g) Nothing in this section shall be considered to permit or require
the payment to any employee covered by this section at a rate in excess
of the rate that would be payable were this section not in effect.
(h) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this section if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
Sec. 614. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Government
appointed by the President of the United States, holds office, no funds
may be obligated or expended in excess of $5,000 to furnish or
redecorate the office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any such
office, unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations. For the purposes
of this section, the term ``office'' shall include the entire suite of
offices assigned to the individual, as well as any other space used
primarily by the individual or the use of which is directly controlled
by the individual.
Sec. 615. Notwithstanding section 1346 of title 31, United States
Code, or section 610 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive Order No.
12472 (April 3, 1984).
Sec. 616. (a) None of the funds appropriated by this or any other
Act may be obligated or expended by any Federal department, agency, or
other instrumentality for the salaries or expenses of any employee
appointed to a position of a confidential or policy-determining
character excepted from the competitive service pursuant to section 3302
of title 5, United States Code, without a certification to the Office of
Personnel Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that the
Schedule C position was not created solely or primarily in order to
detail the employee to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed services detailed to or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
[[Page 118 STAT. 354]]
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy, Air
Force, and Marine Corps, the Department of Homeland Security,
the Federal Bureau of Investigation and the Drug Enforcement
Administration of the Department of Justice, the Department of
Transportation, the Department of the Treasury, and the
Department of Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 617. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for the
current fiscal year shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from discrimination and sexual harassment
and that all of its workplaces are not in violation of title VII of the
Civil Rights Act of 1964, as amended, the Age Discrimination in
Employment Act of 1967, and the Rehabilitation Act of 1973.
Sec. 618. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance of
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 619. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
[[Page 118 STAT. 355]]
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 620. No funds appropriated in this or any other Act may be used
to implement or enforce the agreements in Standard Forms 312 and 4414 of
the Government or any other nondisclosure policy, form, or agreement if
such policy, form, or agreement does not contain the following
provisions: ``These restrictions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by Executive Order No. 12958; section
7211 of title 5, United States Code (governing disclosures to Congress);
section 1034 of title 10, United States Code, as amended by the Military
Whistleblower Protection Act (governing disclosure to Congress by
members of the military); section 2302(b)(8) of title 5, United States
Code, as amended by the Whistleblower Protection Act (governing
disclosures of illegality, waste, fraud, abuse or public health or
safety threats); the Intelligence Identities Protection Act of 1982 (50
U.S.C. 421 et seq.) (governing disclosures that could expose
confidential Government agents); and the statutes which protect against
disclosure that may compromise the national security, including sections
641, 793, 794, 798, and 952 of title 18, United States Code, and section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes are
incorporated into this agreement and are controlling.'': Provided, That
notwithstanding the preceding paragraph, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms shall
also make it clear that they do not bar disclosures to Congress or to an
authorized official of an executive agency or the Department of Justice
that are essential to reporting a substantial violation of law.
Sec. 621. <<NOTE: Lobbying.>> No part of any funds appropriated in
this or any other Act shall be used by an agency of the executive
branch, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for the
preparation, distribution or use of any kit, pamphlet, booklet,
publication, radio, television or film presentation designed to support
or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 622. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee
[[Page 118 STAT. 356]]
has authorized such disclosure or when such disclosure has been ordered
by a court of competent jurisdiction.
Sec. 623. None of the funds made available in this Act or any other
Act may be used to provide any non-public information such as mailing or
telephone lists to any person or any organization outside of the Federal
Government without the approval of the Committees on Appropriations.
Sec. 624. No part of any appropriation contained in this or any
other Act shall be used for publicity or propaganda purposes within the
United States not heretofore authorized by the Congress.
Sec. 625. (a) In this section the term ``agency''--
(1) means an executive agency as defined under section 105
of title 5, United States Code;
(2) includes a military department as defined under section
102 of such title, the Postal Service, and the Postal Rate
Commission; and
(3) shall not include the General Accounting Office.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under section 6301(2) of title 5, United States Code, has an
obligation to expend an honest effort and a reasonable proportion of
such employee's time in the performance of official duties.
Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Joint
Financial Management Improvement Program (JFMIP), shall be available to
finance an appropriate share of JFMIP administrative costs, as
determined by the JFMIP, but not to exceed a total of $800,000 including
the salary of the Executive Director and staff support.
Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of this
Act, the head of each executive department and agency is hereby
authorized to transfer to or reimburse the ``Policy and Citizen
Services'' account, General Services Administration, with the approval
of the Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts. These funds
shall be administered by the Administrator of General Services to
support Government-wide financial, information technology, procurement,
and other management innovations, initiatives, and activities, as
approved by the Director of the Office of Management and Budget, in
consultation with the appropriate interagency groups designated by the
Director (including the Chief Financial Officers Council and the Joint
Financial Management Improvement Program for financial management
initiatives, the Chief Information Officers Council for information
technology initiatives, and the Procurement Executives Council for
procurement initiatives). The total funds transferred or reimbursed
shall not exceed $17,000,000. Such transfers or reimbursements may only
be made 15 days following notification of the Committees on
Appropriations by the Director of the Office of Management and Budget.
Sec. 628. None of the funds made available in this or any other Act
may be used by the Office of Personnel Management or any other
department or agency of the Federal Government
[[Page 118 STAT. 357]]
to prohibit any agency from using appropriated funds as they see fit to
independently contract with private companies to provide online
employment applications and processing services.
Sec. 629. <<NOTE: Breastfeeding.>> Notwithstanding any other
provision of law, a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 630. Nothwithstanding section 1346 of title 31, United States
Code, or section 610 of this Act, funds made available for the current
fiscal year by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies, and
similar efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881), which
benefit multiple Federal departments, agencies, or entities:
Provided, <<NOTE: Reports. Deadline.>> That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science; and the
Senate Committee on Commerce, Science, and Transportation 90 days after
enactment of this Act.
Sec. 631. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall indicate the agency
providing the funds, the Catalog of Federal Domestic Assistance Number,
as applicable, and the amount provided. This provision shall apply to
direct payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 632. Subsection (f) of section 403 of Public Law 103-356 (31
U.S.C. 501 note) is amended by striking ``October 1, 2003'' and
inserting ``October 1, 2004''.
Sec. 633. (a) Prohibition of Federal Agency Monitoring of Personal
Information on Use of Internet.--None of the funds made available in
this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregate list,
derived from any means, that includes the collection of any
personally identifiable information relating to an individual's
access to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another Government agency) to collect, review, or
obtain any aggregate list, derived from any means, that includes
the collection of any personally identifiable information
relating to an individual's access to or use of any
nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to the rendition of the Internet
site
[[Page 118 STAT. 358]]
services or to the protection of the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 634. (a) None of the funds appropriated by this Act may be used
to enter into or renew a contract which includes a provision providing
prescription drug coverage, except where the contract also includes a
provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) <<NOTE: Abortion.>> Nothing in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 635. The Congress of the United States recognizes the United
States Anti-Doping Agency (USADA) as the official anti-doping agency for
Olympic, Pan American, and Paralympic sport in the United States.
Sec. 636. <<NOTE: Deadline. Reports.>> Not later than 6 months after
the date of enactment of this Act, the Inspector General of each
applicable department or agency shall submit to the Committee on
Appropriations a report detailing what policies and procedures are in
place for each department or agency to give first priority to the
location of new offices and other facilities in rural areas, as directed
by the Rural Development Act of 1972.
Sec. 637. None of the funds made available under this or any other
Act for fiscal year 2004 shall be expended for the purchase of a product
or service offered by Federal Prison Industries, Inc., unless the agency
making such purchase determines that such offered product or service
provides the best value to the buying agency pursuant to Government-wide
procurement regulations, issued pursuant to section 25(c)(1) of the
Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose
procedures, standards, and limitations of section 2410n of title 10,
United States Code.
Sec. 638. <<NOTE: Credit. 5 USC 5701 note.>> Each executive
department and agency shall evaluate the creditworthiness of an
individual before issuing the individual a Government purchase charge
card or Government travel charge card. The department or agency may not
issue a Government purchase charge card or Government travel charge card
to an individual that either lacks a credit history or is found to have
an unsatisfactory credit history as a result of this evaluation:
Provided, That this restriction shall not preclude issuance of a
restricted-use charge, debit, or stored value card made in accordance
with agency
[[Page 118 STAT. 359]]
procedures to (a) an individual with an unsatisfactory credit history
where such card is used to pay travel expenses and the agency determines
there is no suitable alternative payment mechanism available before
issuing the card, or (b) an individual who lacks a credit history. Each
executive department and agency shall establish guidelines and
procedures for disciplinary actions to be taken against agency personnel
for improper, fraudulent, or abusive use of Government charge cards,
which shall include appropriate disciplinary actions for use of charge
cards for purposes, and at establishments, that are inconsistent with
the official business of the Department or agency or with applicable
standards of conduct.
Sec. 639. Section 640(c) of the Treasury and General Government
Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note 1), as
amended by section 642 of the Treasury and General Government
Appropriations Act, 2002 (Public Law 107-67), is amended by striking
``December 31, 2003'' and inserting ``December 31, 2005''.
Sec. 640. (a) <<NOTE: Effective date. 5 USC 5303 note.>> The
adjustment in rates of basic pay for employees under the statutory pay
systems that takes effect in fiscal year 2004 under sections 5303 and
5304 of title 5, United States Code, shall be an increase of 4.1
percent, and this adjustment shall apply to civilian employees in the
Department of Defense and the Department of Homeland Security and such
adjustments shall be effective as of the first day of the first
applicable pay period beginning on or after January 1, 2004.
(b) Notwithstanding section 613 of this Act, the adjustment in rates
of basic pay for the statutory pay systems that take place in fiscal
year 2004 under sections 5344 and 5348 of title 5, United States Code,
shall be no less than the percentage in paragraph (a) as employees in
the same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under section 5303 and 5304 of title 5, United
States Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303 and 5304 of
title 5 and prevailing rate employees described in section 5343(a)(5) of
title 5 shall be considered to be located in the pay locality designated
as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of
this paragraph.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or agency
for salaries and expenses for fiscal year 2004.
Sec. 641. Section 304(a) of the Federal Election Campaign Act of
1971 (2 U.S.C. 434(a)) is amended as follows--
(1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by striking
``(or posted by registered or certified mail no later than the
15th day before)'' and inserting ``(or posted by any of the
following: registered mail, certified mail, priority mail having
a delivery confirmation, or express mail having a delivery
confirmation, or delivered to an overnight delivery service with
an on-line tracking system, if posted or delivered no later than
the 15th day before)''; and
(2) by striking paragraph (a)(5) and inserting the
following:
``(5) If a designation, report, or statement filed pursuant
to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii)
or subsection (g)(1)) is sent by registered mail, certified
mail, priority mail having a delivery confirmation, or express
mail having a delivery confirmation, the United States postmark
[[Page 118 STAT. 360]]
shall be considered the date of filing the designation, report
or statement. If a designation, report or statement filed
pursuant to this Act (other than under paragraph (2)(A)(i) or
(4)(A)(ii), or subsection (g)(1)) is sent by an overnight
delivery service with an on-line tracking system, the date on
the proof of delivery to the delivery service shall be
considered the date of filing of the designation, report, or
statement.''.
Sec. 642. Notwithstanding any other provision of law, funds
appropriated for official travel by Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 643. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, and/or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations, except
that the Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or other
agreement for training which cannot be accommodated in existing Center
facilities.
Sec. 644. None of the funds provided in this Act shall be used to
implement or enforce regulations for locality pay areas in fiscal year
2004 that are inconsistent with the recommendations of the Federal
Salary Council adopted on October 7, 2003.
Sec. 645. (a) <<NOTE: Deadline. Reports.>> Not later than 180 days
after the enactment of this Act, the head of each Federal agency shall
submit a report to Congress on the amount of the acquisitions made by
the agency from entities that manufacture the articles, materials, or
supplies outside of the United States in that fiscal year.
(b) The report required by subsection (a) shall separately
indicate--
(1) the dollar value of any articles, materials, or supplies
purchased that were manufactured outside of the United States;
(2) an itemized list of all waivers granted with respect to
such articles, materials, or supplies under the Buy American Act
(41 U.S.C. 10a et seq.); and
(3) a summary of the total procurement funds spent on goods
manufactured in the United States versus funds spent on goods
manufactured outside of the United States.
(c) <<NOTE: Public information.>> The head of each Federal agency
submitting a report under subsection (a) shall make the report publicly
available to the maximum extent practicable.
Sec. 646. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this Act or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch): Provided, That if
such proposed regulations are final regulations on the date of enactment
of this Act, none of the funds appropriated or made available under this
[[Page 118 STAT. 361]]
Act may be used to implement, administer, or enforce such final
regulations.
Sec. 647. (a) Limitation on Conversion to Contractor Performance.--
None of the funds appropriated by this Act shall be available to convert
to contractor performance an activity or function of an executive
agency, that on or after the date of enactment of this Act, is performed
by more than 10 Federal employees unless--
(1) the conversion is based on the result of a public-
private competition plan that includes a most efficient and cost
effective organization plan developed by such activity or
function; and
(2) the Competitive Sourcing Official considers, as part of
the cost or price evaluation, whether over all performance
periods stated in the solicitation of offers for performance of
the activity or function, the cost of performance of the
activity or function by a contractor would be less costly to the
executive agency by an amount that equals or exceeds the lesser
of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000.
(b) <<NOTE: Deadline. Reports. 31 USC 501 note.>> Not later than 120
days following the enactment of this Act and not later than December 31
of each year thereafter, the head of each executive agency shall submit
to Congress a report on the competitive sourcing activities on the list
required under the Federal Activities Inventory Reform Act of 1998
(Public Law 105-270; 31 U.S.C. 501 note) that were performed for such
executive agency during the previous fiscal year by Federal Government
sources. The report shall include--
(1) the total number of competitions completed;
(2) the total number of competitions announced, together
with a list of the activities covered by such competitions;
(3) the total number (expressed as a full-time employee
equivalent number) of the Federal employees studied under
completed competitions;
(4) the total number (expressed as a full-time employee
equivalent number) of the Federal employees that are being
studied under competitions announced but not completed;
(5) the incremental cost directly attributable to conducting
the competitions identified under paragraphs (1) and (2),
including costs attributable to paying outside consultants and
contractors;
(6) an estimate of the total anticipated savings, or a
quantifiable description of improvements in service or
performance, derived from completed competitions;
(7) actual savings, or a quantifiable description of
improvements in service or performance, derived from the
implementation of competitions completed after May 29, 2003;
(8) the total projected number (expressed as a full-time
employee equivalent number) of the Federal employees that are to
be covered by competitions scheduled to be announced in the
fiscal year covered by the next report required under this
section; and
(9) a general description of how the competitive sourcing
decisionmaking processes of the executive agency are aligned
with the strategic workforce plan of that executive agency.
[[Page 118 STAT. 362]]
(c) The head of an executive agency may not be required, under
Office of Management and Budget Circular A-76 or any other policy,
directive, or regulation, to automatically limit to 5 years or less the
performance period in a letter of obligation, or other agreement, issued
to executive agency employees, if such a letter or other agreement was
issued as the result of a public-private competition conducted in
accordance with the circular.
(d) <<NOTE: 31 USC 501 note.>> Hereafter, the head of an executive
agency may expend funds appropriated or otherwise made available for any
purpose to the executive agency under this or any other Act to monitor
(in the administration of responsibilities under Office of Management
and Budget Circular A-76 or any related policy, directive, or
regulation) the performance of an activity or function of the executive
agency that has previously been subjected to a public-private
competition under such circular.
(e) An activity or function of an executive agency that is converted
to contractor performance under Office of Management and Budget Circular
A-76 may not be performed by the contractor at a location outside the
United States except to the extent that such activity or function was
previously performed by Federal Government employees outside the United
States.
(f) <<NOTE: 31 USC 501 note.>> In this section, the term ``executive
agency'' has the meaning given such term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
Sec. 648. Notwithstanding section 1346 of title 31, United States
Code, and section 610 of this Act, the head of each executive department
and agency shall transfer to or reimburse the Federal Aviation
Administration, with the approval of the Director of the Office of
Management and Budget, funds made available by this or any other Act for
the purposes described below, and shall submit budget requests for such
purposes. These funds shall be administered by the Federal Aviation
Administration as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency groups
designated by the Director to ensure the operation of the Midway Atoll
Airfield by the Federal Aviation Administration pursuant to an
operational agreement with the Department of the Interior. The total
funds transferred or reimbursed shall not exceed $6,000,000 and shall
not be available for activities other than the operation of the
airfield. <<NOTE: Notification. Dedline.>> The Director of the Office of
Management and Budget shall notify the Committees on Appropriations of
such transfers or reimbursements within 15 days of this
Act. <<NOTE: Deadline.>> Such transfers or reimbursements shall begin
within 30 days of enactment of this Act.
This division may be cited as the ``Transportation, Treasury, and
Independent Agencies Appropriations Act, 2004''.
[[Page 118 STAT. 363]]
DIVISION G--DEPARTMENTS <<NOTE: Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2004.>> OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004
An Act
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2004, and for other purposes.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 2004, and for other purposes, namely:
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by law (38
U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits
to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15,
51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, emergency and
other officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life insurance
policies guaranteed under the provisions of article IV of the Soldiers'
and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 540 et seq.) and
for other benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and
2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat.
122, 123; 45 Stat. 735; 76 Stat. 1198), $29,845,127,000, to remain
available until expended: Provided, That not to exceed $17,056,000 of
the amount appropriated under this heading shall be reimbursed to
``General operating expenses'' and ``Medical services'' for necessary
expenses in implementing those provisions authorized in the Omnibus
Budget Reconciliation Act of 1990, and in the Veterans' Benefits Act of
1992 (38 U.S.C. chapters 51, 53, and 55), the funding source for which
is specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical
facilities revolving fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by law (38 U.S.C. chapters
[[Page 118 STAT. 364]]
21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,529,734,000, to
remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary is
authorized to provide under section 3104(a) of title 38, United States
Code, other than under subsection (a)(1), (2), (5), and (11) of that
section, shall be charged to this account.
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
70 Stat. 887; 72 Stat. 487, $29,017,000, to remain available until
expended.
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by 38 U.S.C. chapter
37, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 2004, within the resources available, not to exceed
$300,000 in gross obligations for direct loans are authorized for
specially adapted housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $154,850,000, which may be transferred to and
merged with the appropriation for ``General operating expenses''.
For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
3698, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,400.
In addition, for administrative expenses necessary to carry out the
direct loan program, $70,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
For the cost of direct loans, $52,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$3,938,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $300,000, which may be transferred
[[Page 118 STAT. 365]]
to and merged with the appropriation for ``General operating expenses''.
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000,
which may be transferred to and merged with the appropriation for
``General operating expenses'': Provided, That no new loans in excess of
$50,000,000 may be made in fiscal year 2004.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by 38 U.S.C. chapter 37,
subchapter VI, not to exceed $600,000 of the amounts appropriated by
this Act for ``General operating expenses'' and ``Medical services'' may
be expended.
Veterans Health Administration
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in paragraphs (1)
through (8) of section 1705(a) of title 38, United States Code,
including care and treatment in facilities not under the jurisdiction of
the department and including medical supplies and equipment and salaries
and expenses of health-care employees hired under title 38, United
States Code, and aid to State homes as authorized by section 1741 of
title 38, United States Code; $17,867,220,000, plus reimbursements:
Provided, That of the funds made available under this heading, not to
exceed $1,100,000,000 shall be available until September 30, 2005:
Provided further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall establish a priority for treatment
for veterans who are service-connected disabled, lower income, or have
special needs: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall give priority
funding for the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further, That of the
funds made available under this heading, the Secretary may transfer up
to $400,000,000 to ``Construction, major projects'' for purposes of
implementing CARES subject to a determination by the Secretary that such
funds will improve access and quality of veteran's health care needs:
Provided further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso shall
incur no additional cost to the Department of Veterans Affairs.
[[Page 118 STAT. 366]]
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; information technology hardware and software;
uniforms or allowances therefor, as authorized by sections 5901-5902 of
title 5, United States Code; and administrative and legal expenses of
the department for collecting and recovering amounts owed the department
as authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$5,000,000,000, of which $150,000,000 shall be available until September
30, 2005, plus reimbursements.
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other necessary
facilities for the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction and renovation of any
facility under the jurisdiction or for the use of the department; for
oversight, engineering and architectural activities not charged to
project costs; for repairing, altering, improving or providing
facilities in the several hospitals and homes under the jurisdiction of
the department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry and food services, $4,000,000,000, of which
$150,000,000 shall be available until September 30, 2005.
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, to remain available until September 30, 2005,
$408,000,000, plus reimbursements.
Departmental Administration
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of department-wide capital planning, management and policy
activities, uniforms or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail, $1,283,272,000: Provided, That expenses for
services and assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5),
and (11) that the Secretary determines are necessary to enable entitled
veterans: (1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve maximum
independence in daily living, shall be charged to this account: Provided
further, That the Veterans Benefits Administration shall be funded at
not less than $1,005,000,000: Provided
[[Page 118 STAT. 367]]
further, That of the funds made available under this heading, not to
exceed $66,000,000 shall be available for obligation until September 30,
2005: Provided further, That from the funds made available under this
heading, the Veterans Benefits Administration may purchase up to two
passenger motor vehicles for use in operations of that Administration in
Manila, Philippines.
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; and hire of passenger motor vehicles, $144,203,000:
Provided, That of the funds made available under this heading, not to
exceed $7,200,000 shall be available until September 30, 2005.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $62,000,000, to remain available until September 30, 2005.
For constructing, altering, extending and improving any of the
facilities including parking projects under the jurisdiction or for the
use of the Department of Veterans Affairs, or for any of the purposes
set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109,
8110, and 8122 of title 38, United States Code, including planning,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, where the estimated
cost of a project is more than the amount set forth in 38 U.S.C.
8104(a)(3)(A) or where funds for a project were made available in a
previous major project appropriation, $272,690,000, to remain available
until expended, of which $181,000,000 shall be for Capital Asset
Realignment for Enhanced Services (CARES) activities; and of which
$10,000,000 shall be to make reimbursements as provided in 41 U.S.C. 612
for claims paid for contract disputes: Provided, That except for advance
planning activities, including needs assessments which may or may not
lead to capital investments, and other capital asset management related
activities, such as portfolio development and management activities, and
investment strategy studies funded through the advance planning fund and
the planning and design activities funded through the design fund and
CARES funds, including needs assessments which may or may not lead to
capital investments, none of the funds appropriated under this heading
shall be used for any project which has not been approved by the
Congress in the budgetary process: Provided further, That funds provided
in this appropriation for fiscal year 2004, for each approved project
(except those for CARES activities referenced above) shall be obligated:
(1) by the awarding of a construction documents contract by September
30, 2004; and (2) by the awarding of a construction
[[Page 118 STAT. 368]]
contract by September 30, 2005: Provided
further, <<NOTE: Reports. construction, minor projects>> That the
Secretary of Veterans Affairs shall promptly report in writing to the
Committees on Appropriations any approved major construction project in
which obligations are not incurred within the time limitations
established above.
For constructing, altering, extending, and improving any of the
facilities including parking projects under the jurisdiction or for the
use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, 8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the amount set
forth in 38 U.S.C. 8104(a)(3)(A), $252,144,000, to remain available
until expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are hereby made
available for any project where the estimated cost is equal to or less
than the amount set forth in 38 U.S.C. 8104(a)(3)(A), of which
$40,000,000 shall be for Capital Asset Realignment for Enhanced Services
(CARES) activities: Provided, That from amounts appropriated under this
heading, additional amounts may be used for CARES activities upon
notification of and approval by the Committees on Appropriations:
Provided further, That funds in this account shall be available for: (1)
repairs to any of the nonmedical facilities under the jurisdiction or
for the use of the department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter existing
hospital, nursing home and domiciliary facilities in State homes, for
furnishing care to veterans as authorized by 38 U.S.C. 8131-8137,
$102,100,000, to remain available until expended.
For grants to aid States in establishing, expanding, or improving
State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000,
to remain available until expended.
Sec. 101. Any appropriation for fiscal year 2004 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
[[Page 118 STAT. 369]]
Sec. 102. Appropriations available to the Department of Veterans
Affairs for fiscal year 2004 for salaries and expenses shall be
available for services authorized by 5 U.S.C. 3109 hire of passenger
motor vehicles; lease of a facility or land or both; and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902.
Sec. 103. No appropriations in this Act for the Department of
Veterans Affairs (except the appropriations for ``Construction, major
projects'', ``Construction, minor projects'', and the ``Parking
revolving fund'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or examination
of any persons (except beneficiaries entitled under the laws bestowing
such benefits to veterans, and persons receiving such treatment under 5
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
is made to the ``Medical services'' account at such rates as may be
fixed by the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of Veterans
Affairs for fiscal year 2004 for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and indemnities''
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 2003.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 2004 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund accounts
they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law, during fiscal
year 2004, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life
Insurance Fund (38 U.S.C. 1923), and the United States Government Life
Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in an insurance
program in fiscal year 2004 that are available for dividends in that
program after claims have been paid and actuarially determined reserves
have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for fiscal year
2004 which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
Sec. 108. <<NOTE: Termination date. 31 USC 501
note.>> Notwithstanding any other provision of law, the Department of
Veterans Affairs shall continue the Franchise Fund pilot program
authorized to be established by section 403 of Public Law 103-356 until
October 1, 2004: Provided, That the Franchise Fund, established by title
I of Public Law 104-204 to finance
[[Page 118 STAT. 370]]
the operations of the Franchise Fund pilot program, shall continue until
October 1, 2004.
Sec. 109. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
Sec. 110. Funds available in any Department of Veterans Affairs
appropriation for fiscal year 2004 or funds for salaries and other
administrative expenses shall also be available to reimburse the Office
of Resolution Management and the Office of Employment Discrimination
Complaint Adjudication for all services provided at rates which will
recover actual costs but not exceed $29,318,000 for the Office of
Resolution Management and $3,059,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That payments may be
made in advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to ``General
operating expenses'' for use by the office that provided the service.
Sec. 111. <<NOTE: Contracts. Reports. Deadline.>> No appropriations
in this Act for the Department of Veterans Affairs shall be available to
enter into any new lease of real property if the estimated annual rental
is more than $300,000 unless the Secretary submits a report which the
Committees on Appropriations of the Congress approve within 30 days
following the date on which the report is received.
Sec. 112. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or treatment of
any person by reason of eligibility under section 1710(a)(3) of title
38, United States Code, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require--
(1) current, accurate third-party reimbursement information
for purposes of section 1729 of such title; and
(2) annual income information for purposes of section 1722
of such title.
Sec. 113. Of the amounts provided in this Act, $25,000,000 shall be
for information technology initiatives to support the enterprise
architecture of the Department of Veterans Affairs.
Sec. 114. None of the funds in this Act may be used to implement
sections 2 and 5 of Public Law 107-287.
Sec. 115. Receipts that would otherwise be credited to the Veterans
Extended Care Revolving Fund, the Medical Facilities Revolving Fund, the
Special Therapeutic and Rehabilitation Fund, the Nursing Home Revolving
Fund, the Veterans Health Services Improvement Fund, and the Parking
Revolving Fund shall be deposited into the Medical Care Collections
Fund, and shall be transferred to ``Medical services'', to remain
available until expended, to carry out the purposes of ``Medical
services''.
Sec. 116. (a) <<NOTE: Contracts.>> The Secretary of Veterans Affairs
shall conduct by contract a program of recovery audits for the fee basis
and other medical services contracts with respect to payments for
hospital care. Notwithstanding section 3302(b) of title 31, United
States Code, amounts collected, by setoff or otherwise, as the result of
such audits shall be available, without fiscal year limitation, for the
purposes for which funds are appropriated under ``Medical services'' and
the purposes of paying a contractor a percent of
[[Page 118 STAT. 371]]
the amount collected as a result of an audit carried out by the
contractor.
(b) All amounts so collected under subsection (a) with respect to a
designated health care region (as that term is defined in section
1729A(d)(2) of title 38, United States Code) shall be allocated, net of
payments to the contractor, to that region.
Sec. 117. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or revenues
derived from enhanced-use leasing activities (including disposal) that
are deposited into the Medical Care Collections Fund may be transferred
and merged with ``Construction, major projects'' and ``Construction,
minor projects'' accounts and be used for construction (including site
acquisition and disposition), alterations and improvements of any
medical facility under the jurisdiction or for the use of the Department
of Veterans Affairs. Such sums as realized are in addition to the amount
provided for in ``Construction, major projects'' and ``Construction,
minor projects''.
Sec. 118. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the department.
Sec. 119. That such sums as may be deposited to the Medical Care
Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to
``Medical services'', to remain available until expended for the
purposes of this account.
Sec. 120. Amounts made available for fiscal year 2004 under the
``Medical services'', ``Medical administration'', and ``Medical
facilities'' accounts may be transferred between the accounts to the
extent necessary to implement the restructuring of the Veterans Health
Administration accounts after notice of the amount and purpose of the
transfer is provided to the Committees on Appropriations of the Senate
and House of Representatives and a period of 30 days has elapsed:
Provided, That the limitation on transfers is 20 percent in fiscal year
2004.
Sec. 121. <<NOTE: Deadline.>> The Department of Veterans Affairs
shall implement the Veterans Health Administration account structure
described under this Act by no later than 90 days after the date of
enactment of this Act and shall submit its fiscal year 2005 budget
justifications using the identical structure provided under this Act.
Sec. 122. That of the unobligated balances remaining from prior year
recoveries under the heading ``Medical care'', $270,000,000 are
rescinded.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
For activities and assistance under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $19,371,481,762, and amounts that are
[[Page 118 STAT. 372]]
recaptured in this account, to remain available until expended:
Provided, That of the amounts made available under this heading,
$15,171,481,762 and the aforementioned recaptures shall be available on
October 1, 2003 and $4,200,000,000 shall be available on October 1,
2004: Provided further, That amounts made available under this heading
are provided as follows:
(1) $17,635,130,745 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts, for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act, for
the renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low
Income Housing Preservation Act of 1987 or the Low-Income
Housing Preservation and Resident Homeownership Act of 1990, and
for renewals of expiring section 8 tenant-based annual
contributions contracts (including amendments and renewals of
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act (42 U.S.C. 1437f(t))):
Provided, <<NOTE: Contracts.>> That notwithstanding any other
provision of law, the Secretary shall renew expiring section 8
tenant-based annual contributions contracts for each public
housing agency, (including for agencies participating in the
Moving to Work demonstration, unit months representing section 8
tenant-based assistance funds committed by the public housing
agency for specific purposes, other than reserves, that are
authorized pursuant to any agreement and conditions entered into
under such demonstration, and utilized in compliance with any
applicable program obligation deadlines) based on the total
number of unit months which were under lease as reported on the
most recent end-of-year financial statement submitted by the
public housing agency to the Department, or as adjusted by such
additional information submitted by the public housing agency to
the Secretary as of August 1, 2003 (subject to verification),
and by applying an inflation factor based on local or regional
factors to the actual per unit cost: Provided further, That none
of the funds made available in this paragraph may be used to
support a total number of unit months under lease which exceeds
a public housing agency's authorized level of units under
contract;
(2) $136,846,017 for a central fund to be allocated by the
Secretary for amendments to section 8 tenant-based annual
contributions contracts for such purposes set forth in this
paragraph: Provided, That subject to the following proviso, the
Secretary may use amounts made available in such fund, as
necessary, for an increase in the total number of unit months
under lease as compared to the number of unit months under lease
as of August 1, 2003, provided for by the annual contributions
contract: Provided further, <<NOTE: Deadline.>> That if a public
housing agency, at any point in time during their fiscal year,
has obligated the amounts made available to such agency pursuant
to paragraph (1) under this heading for the renewal of expiring
section 8 tenant-based annual contributions contracts, and if
such agency has expended 50 percent of the amounts available to
such agency in its annual contributions contract reserve
account, the Secretary may only make available amounts as are
necessary from amounts available from such central fund
[[Page 118 STAT. 373]]
to fund additional leased units under the preceding proviso
within thirty days of a request from such agency: Provided
further, That none of the funds made available in this paragraph
may be used to support a total number of unit months under lease
which exceeds a public housing agency's authorized level of
units under contract: Provided further, <<NOTE: Reports.>> That
the Secretary shall provide quarterly reports to the Committees
on Appropriations of the House and the Senate on the obligation
of funds provided in this paragraph in accordance with the
directions specified in the report accompanying this Act;
(3) $206,495,000 for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-134), conversion
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public
and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act (42 U.S.C.1437f(t)), and tenant protection
assistance, including replacement and relocation assistance;
(4) $48,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(5) not to exceed $1,242,000,000 for administrative and
other expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up to
$50,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs: Provided, That not to exceed
$1,192,000,000 of the amount provided in this paragraph shall be
allocated on a pro rata basis to public housing agencies based
on the amount public housing agencies were eligible to receive
in fiscal year 2003 without regard to the reduction required for
excess administrative fee balances: Provided further, That,
amounts under this paragraph shall be distributed according to
the requirements of this paragraph and notwithstanding any other
provision of law: Provided further, That none of the funds
provided in this Act or any other Act may be used to supplement
the amounts provided in this paragraph: Provided further, That
all such administrative fee amounts provided under this
paragraph shall be only for activities related to the provision
of rental assistance under section 8, including related
development activities;
(6) $100,000,000 for contract administrators for section 8
project-based assistance; and
(7) not less than $3,010,000 shall be transferred to the
Working Capital Fund for the development of and modifications to
information technology systems which serve programs or
activities under ``Public and Indian Housing'': Provided, That
the Secretary may transfer up to 15 percent of funds provided
under paragraphs (1), (2), or (5), herein to paragraphs (1) or
(2), if the Secretary determines that such action is necessary
[[Page 118 STAT. 374]]
because the funding provided under one such paragraph otherwise
would be depleted and as a result, the maximum utilization of
section 8 tenant-based assistance with the funds appropriated
for this purpose by this Act would not be feasible: Provided
further, <<NOTE: Notification. Deadline.>> That prior to
undertaking the transfer of funds in excess of 10 percent from
any paragraph pursuant to the previous proviso, the Secretary
shall notify the Chairman and Ranking Member of the
Subcommittees on Veterans Affairs and Housing and Urban
Development, and Independent Agencies of the Committees on
Appropriations of the House of Representatives and the Senate
and shall not transfer any such funds until 30 days after such
notification: Provided further, That incremental vouchers
previously made available under this heading for non-elderly
disabled families shall, to the extent practicable, continue to
be provided to non-elderly disabled families upon turnover:
Provided further, <<NOTE: Records.>> That, hereafter, the
Secretary shall require public housing agencies to submit
accounting data for funds disbursed under this heading in this
Act and prior Acts by source and purpose of such funds: Provided
further, <<NOTE: Deadline. public housing capital
fund (including transfer of funds)>> That $2,844,000,000 is
rescinded from unobligated balances remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading or the heading ``Annual contributions for
assisted housing'' or any other heading for fiscal year 2003 and
prior years, to be effected by the Secretary no later than
September 30, 2004: Provided further, That any such balances
governed by reallocation provisions under the statute
authorizing the program for which the funds were originally
appropriated shall be available for the rescission: Provided
further, That any obligated balances of contract authority from
fiscal year 1974 and prior that have been terminated shall be
cancelled.
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937, as amended (42
U.S.C. 1437g) (the ``Act'') $2,712,255,000, to remain available until
September 30, 2007: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2004, the Secretary may not
delegate to any Department official other than the Deputy Secretary and
the Assistant Secretary for Public and Indian Housing any authority
under paragraph (2) of section 9(j) regarding the extension of the time
periods under such section: Provided further, That for purposes of such
section 9(j), the term ``obligate'' means, with respect to amounts, that
the amounts are subject to a binding agreement that will result in
outlays, immediately or in the future: Provided further, That of the
total amount provided under this heading, up to $50,000,000 shall be for
carrying out activities under section 9(h) of such Act, of which
$13,000,000 shall be for the provision of remediation services to public
housing agencies identified as ``troubled'' under the section 8
Management Assessment Program and for surveys used to calculate local
Fair Market Rents and assess housing conditions in connection with
rental assistance under section 8 of the Act: Provided further, That of
the total amount provided under
[[Page 118 STAT. 375]]
this heading, up to $500,000 shall be for lease adjustments to section
23 projects, and no less than $10,610,000 shall be transferred to the
Working Capital Fund for the development of and modifications to
information technology systems which serve programs or activities under
``Public and Indian housing'': Provided further, That no funds may be
used under this heading for the purposes specified in section 9(k) of
the United States Housing Act of 1937, as amended: Provided further,
That of the total amount provided under this heading, up to $40,000,000
shall be available for the Secretary of Housing and Urban Development to
make grants to public housing agencies for emergency capital needs
resulting from emergencies and natural disasters in fiscal year 2004:
Provided further, That of the total amount provided under this heading,
$55,000,000 shall be for supportive services, service coordinators and
congregate services as authorized by section 34 of the Act and the
Native American Housing Assistance and Self-Determination Act of 1996:
Provided further, That of the total amount provided under this heading,
$15,000,000 shall be for Neighborhood Networks grants for activities
authorized in section 9(d)(1)(E) of the United States Housing Act of
1937, as amended: Provided further, That notwithstanding any other
provision of law, amounts made available in the previous proviso shall
be awarded to public housing agencies on a competitive basis.
The first proviso under this heading in the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2003, <<NOTE: 117 Stat. 486. public housing
operating fund>> is amended by striking ``1998, 1999''.
For 2004 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$3,600,000,000: Provided, That of the total amount provided under this
heading, $10,000,000 shall be for programs, as determined appropriate by
the Attorney General, which assist in the investigation, prosecution,
and prevention of violent crimes and drug offenses in public and
federally-assisted low-income housing, including Indian housing, which
shall be administered by the Department of Justice through a
reimbursable agreement with the Department of Housing and Urban
Development: Provided further, That, <<NOTE: 42 USC 1437g
note. revitalization of severely distressed public housing (hope
VI)>> in fiscal year 2004 and all fiscal years hereafter, no amounts
under this heading in any appropriations Act may be used for payments to
public housing agencies for the costs of operation and management of
public housing for any year prior to the current year of such Act:
Provided further, That no funds may be used under this heading for the
purposes specified in section 9(k) of the United States Housing Act of
1937, as amended.
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing Act
of 1937, as amended, $150,000,000, to remain available until September
30, 2005, of which the Secretary may use up to $4,000,000 for technical
assistance and contract expertise, to be provided directly or indirectly
by grants, contracts or cooperative
[[Page 118 STAT. 376]]
agreements, including training and cost of necessary travel for
participants in such training, by or to officials and employees of the
department and of public housing agencies and to residents: Provided,
That none of such funds shall be used directly or indirectly by granting
competitive advantage in awards to settle litigation or pay judgments,
unless expressly permitted herein.
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$654,100,000, to remain available until expended, of which $2,200,000
shall be contracted through the Secretary as technical assistance and
capacity building to be used by the National American Indian Housing
Council in support of the implementation of NAHASDA; of which $4,500,000
shall be to support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the training,
oversight, and management of Indian housing and tenant-based assistance,
including up to $300,000 for related travel; and of which no less than
$2,720,000 shall be transferred to the Working Capital Fund for
development of and modifications to information technology systems which
serve programs or activities under ``Public and Indian housing'':
Provided, That of the amount provided under this heading, $2,000,000
shall be made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided further,
That such costs, including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to exceed
$16,658,000: Provided further, That for administrative expenses to carry
out the guaranteed loan program, up to $150,000 from amounts in the
first proviso, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$5,300,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$197,243,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, up to $250,000 from amounts in the first paragraph, which
shall be transferred to and merged with the appropriation for ``Salaries
and expenses'', to be used only for the administrative costs of these
guarantees.
[[Page 118 STAT. 377]]
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
$1,035,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$39,712,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, up to $35,000 from amounts in the first paragraph, which
shall be transferred to and merged with the appropriation for ``Salaries
and expenses'', to be used only for the administrative costs of these
guarantees.
Community Planning and Development
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $296,500,000, to remain available until September 30,
2005: Provided, That the Secretary shall renew all expiring contracts
for permanent supportive housing that were funded under section
854(c)(3) of such Act that meet all program requirements before awarding
funds for new contracts and activities authorized under this section:
Provided further, That the Secretary may use up to $2,500,000 of the
funds under this heading for training, oversight, and technical
assistance activities.
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $25,000,000 to remain
available until expended, which amount shall be competitively awarded by
June 1, 2004, to Indian tribes, State housing finance agencies, State
community and/or economic development agencies, local rural nonprofits
and community development corporations to support innovative housing and
economic development activities in rural areas.
For grants in connection with a second round of empowerment zones
and enterprise communities, $15,000,000, to remain available until
September 30, 2005, for ``Urban Empowerment Zones'', as authorized in
section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C.
1391(g)), including $1,000,000 for each empowerment zone for use in
conjunction with economic development activities consistent with the
strategic plan of each empowerment zone.
[[Page 118 STAT. 378]]
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,950,000,000, to remain available until September 30,
2006: Provided, That of the amount provided, $4,356,550,000 is for
carrying out the community development block grant program under title I
of the Housing and Community Development Act of 1974, as amended (the
``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further, That unless
explicitly provided for under this heading (except for planning grants
provided in the third paragraph and amounts made available in the second
paragraph), not to exceed 20 percent of any grant made with funds
appropriated under this heading (other than a grant made available in
this paragraph to the Housing Assistance Council or the National
American Indian Housing Council, or a grant using funds under section
107(b)(3) of the Act) shall be expended for planning and management
development and administration: Provided further, That $72,000,000 shall
be for grants to Indian tribes notwithstanding section 106(a)(1) of such
Act; $3,300,000 shall be for a grant to the Housing Assistance Council;
$2,500,000 shall be for a grant to the National American Indian Housing
Council; $5,000,000 shall be available as a grant to the National
Housing Development Corporation, for operating expenses not to exceed
$2,000,000 and for a program of affordable housing acquisition and
rehabilitation; $5,000,000 shall be available as a grant to the National
Council of La Raza for the HOPE Fund, of which $500,000 is for technical
assistance and fund management, and $4,500,000 is for investments in the
HOPE Fund and financing to affiliated organizations; $52,000,000 shall
be for grants pursuant to section 107 of the Act, of which $9,500,000
shall be for the Native Hawaiian block grant authorized under title VIII
of the Native American Housing Assistance and Self-Determination Act of
1996; no less than $4,900,000 shall be transferred to the Working
Capital Fund for the development of and modification to information
technology systems which serve programs or activities under ``Community
planning and development''; $27,000,000 shall be for grants pursuant to
the Self Help Homeownership Opportunity Program; $34,750,000 shall be
for capacity building, of which $30,000,000 shall be for Capacity
Building for Community Development and Affordable Housing for LISC and
the Enterprise Foundation for activities as authorized by section 4 of
the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect
immediately before June 12, 1997, with not less than $5,000,000 of the
funding to be used in rural areas, including tribal areas, and of which
$4,750,000 shall be for capacity building activities administered by
Habitat for Humanity International; $65,000,000 shall be available for
YouthBuild program activities authorized by subtitle D of title IV of
the Cranston-Gonzalez National Affordable Housing Act, as amended, and
such activities shall be an eligible activity with respect to any funds
made available under this heading: Provided, That local YouthBuild
programs that demonstrate an ability to leverage private and nonprofit
funding shall be given a priority for YouthBuild funding: Provided
further, That no more than 10 percent of any grant award under the
YouthBuild program may be used for administrative costs: Provided
further, That of the
[[Page 118 STAT. 379]]
amount made available for YouthBuild not less than $10,000,000 is for
grants to establish YouthBuild programs in underserved and rural areas
and $2,000,000 is to be made available for a grant to YouthBuild USA for
capacity building for community development and affordable housing
activities as specified in section 4 of the HUD Demonstration Act of
1993, as amended.
Of the amount made available under this heading, $44,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives: Provided,
That amounts made available under this paragraph shall be provided in
accordance with the terms and conditions specified in the joint
explanatory statement of the managers accompanying this Act.
Of the amount made available under this heading, $278,000,000 shall
be available for grants for the Economic Development Initiative (EDI) to
finance a variety of targeted economic investments in accordance with
the terms and conditions specified in the joint explanatory statement of
the managers accompanying this Act: Provided, That none of the funds
provided under this paragraph may be used for program operations.
The referenced statement of the managers under this heading in
Public Law 107-73 is deemed to be amended with respect to the amount
made available to the North Carolina Community Land Trust Initiative by
striking ``North Carolina Community Land Trust Initiative'' and
inserting ``Orange Community Housing and Land Trust''.
The referenced statement of the managers under this heading in
Public Law 107-73 is deemed to be amended with respect to the amount
made available to the Willacy County Boys and Girls Club in Willacy
County, Texas by striking ``Willacy County Boys and Girls Club in
Willacy County, Texas'' and inserting ``Willacy County, Texas''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 17 by striking ``for sidewalks, curbs, street
lighting, outdoor furniture and facade improvements in the Mill Village
neighborhood'' and inserting ``for the restoration and renovation of
houses within the Lincoln or Dallas mill villages''.
The referenced statement of the managers under this heading in
Public Law 107-73 is deemed to be amended with respect to the amount
made available to the Metropolitan Development Association in Syracuse,
New York by inserting ``and other economic development planning and
revitalization activities'' after the word ``study''.
The referenced statement of the managers under this heading in
Public Law 107-73 is deemed to be amended with respect to the amount
made available to the Staten Island Freedom Memorial Fund by striking
``Staten Island Freedom Memorial Fund for the construction of a memorial
in the Staten Island community of St. George, New York'' and inserting
``Staten Island Botanical Garden for construction and related activities
for a healing garden''.
[[Page 118 STAT. 380]]
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 526 by striking ``for an economic development
study for the revitalization of Westchester'' and inserting ``for the
reconstruction of renaissance plaza at Main and Mamaroneck in downtown
White Plains''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 877 by striking ``West Virginia High Technology
Consortium Foundation, Inc. in Marion County, West Virginia for
facilities construction for a high-tech park'' and inserting ``Glenville
State College in Glenville, West Virginia for construction of a new
campus community education center''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 126 by striking ``for construction of'' and
inserting ``for facilities improvements and build out for''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 721 by striking ``training'' and inserting
``creation, small business development and quality of life improvements
within the State of South Carolina''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 317 by striking ``135,000'' and inserting
``151,000''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 324 by striking ``225,000'' and inserting
``209,000''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 74 by striking ``renovation'' and inserting
``design and construction''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 718 by striking ``construction'' and inserting
``renovation''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 785 by striking ``to the Town of Altavista,
Virginia to assist with renovations of the shell building industrial
site'' and inserting ``to the County of Campbell, Virginia for
development of the Winston Tract Commercial Center industrial site''.
[[Page 118 STAT. 381]]
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 253 by striking ``to the Salvation Army/Boys and
Girls Club-Northfolk community center'' and inserting ``to the Salvation
Army Boys and Girls Club in Louisville, Kentucky for the renovation of
the Newburg community center''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 288 by striking ``for building renovations'' and
inserting ``for signage, street furniture, sidewalks and streetscape
improvements''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 217 by striking ``$135,000 to the Village of
Olympia Fields, Illinois for construction of a hall, public library and
upgraded commuter station'' and inserting ``$135,000 to the Village of
Olympia Fields, Illinois, for sidewalks, street lighting, neighborhood
redevelopment improvements, and building renovations''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 809 by striking ``$90,000 to the Department of
Vermont Veterans of Foreign Wars for the construction of the Green Block
Veterans Memorial in Brandon, Vermont and the Windsor, Vermont War
Memorial'' and inserting ``$90,000 to the Department of Buildings and
General Services of the State of Vermont for the construction of the
Brandon, Vermont Veterans Memorial and the Windsor, Vermont War
Memorial''.
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 244 by striking ``$900,000 to Purdue University
in West Lafayette, Indiana for facilities construction for the Northwest
Indiana Purdue Technology Center'' and inserting ``$900,000 to Purdue
Research Foundation in West Lafayette, Indiana for facilities buildout
for the Northwest Indiana Purdue Technology Center''.
The referenced statement of the managers under this heading in
Public Law 107-73 is deemed to be amended with respect to the amount
made available to Connecticut Hospice, Inc., of Branford, Connecticut by
striking ``for construction of a new facility'' and inserting ``for
facilities renovation and equipment upgrades''.
The referenced statement of the managers under this heading in
Public Law 107-73 is deemed to be amended with respect to a grant made
available to the United Way community services facility in Anchorage,
Alaska by striking ``the United Way community services facility in
Anchorage, Alaska, to complete construction of asocial service facility
to serve low-income people;'' and inserting ``the Cook Inlet Tribal
Council, Inc., in Anchorage, Alaska as a Federal contribution for
construction of asocial service facility to serve low income people;''.
[[Page 118 STAT. 382]]
The referenced statement of the managers under this heading in title
II of division K of the Consolidated Appropriations Resolution, 2003
(Public Law 108-7; House Report No. 108-10) is deemed to be amended with
respect to item number 137 by striking ``Wilmington Housing Authority''
and inserting ``City of Wilmington''.
From balances of the Urban Development Action Grant Program, as
authorized by title I of the Housing and Community Development Act of
1974, as amended, $30,000,000 are cancelled.
For the cost of guaranteed loans, $6,325,000, to remain available
until September 30, 2005, as authorized by section 108 of the Housing
and Community Development Act of 1974, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$275,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
In addition, for administrative expenses to carry out the guaranteed
loan program, $1,000,000 which shall be transferred to and merged with
the appropriation for ``Salaries and expenses''.
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $25,000,000, to remain
available until September 30, 2005.
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,930,000,000, to remain available until September 30, 2006:
Provided, That of the total amount provided in this paragraph, up to
$40,000,000 shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968 and no less than
$2,100,000 shall be transferred to the Working Capital Fund for the
development of and modifications to information technology systems which
serve programs or activities under ``Community planning and
development''.
In addition to amounts otherwise made available under this heading,
$87,500,000, to remain available until September 30, 2006, for
assistance to homebuyers as authorized under title II of the Cranston-
Gonzalez National Affordable Housing Act, as amended: Provided, That the
Secretary shall provide such assistance in accordance with a formula to
be established by the Secretary that considers, among other things, a
participating jurisdiction's need
[[Page 118 STAT. 383]]
for, and prior commitment to, assistance to homebuyers: Provided
further, That should legislation be enacted prior to April 15, 2004, to
authorize a new down-payment assistance program under the HOME
Investment Partnership Act, the amounts provided under this paragraph
shall be distributed for downpayment assistance in accordance with the
terms and conditions set forth in such Act.
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the supportive housing program as authorized under subtitle C
of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing Act
of 1937, as amended, to assist homeless individuals pursuant to section
441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
care program as authorized under subtitle F of title IV of such Act,
$1,267,000,000, of which $1,247,000,000 to remain available until
September 30, 2006, and of which $20,000,000 to remain available until
expended: Provided, That not less than 30 percent of funds made
available, excluding amounts provided for renewals under the shelter
plus care program, shall be used for permanent housing: Provided
further, That all funds awarded for services shall be matched by 25
percent in funding by each grantee: Provided further, That the Secretary
shall renew on an annual basis expiring contracts or amendments to
contracts funded under the shelter plus care program if the program is
determined to be needed under the applicable continuum of care and meets
appropriate program requirements and financial standards, as determined
by the Secretary: Provided further, That all awards of assistance under
this heading shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and employment
programs for which homeless populations may be eligible, including
Medicaid, State Children's Health Insurance Program, Temporary
Assistance for Needy Families, Food Stamps, and services funding through
the Mental Health and Substance Abuse Block Grant, Workforce Investment
Act, and the Welfare-to-Work grant program: Provided further, That
$12,000,000 of the funds appropriated under this heading shall be
available for the national homeless data analysis project and technical
assistance: Provided further, That no less than $2,580,000 of the funds
appropriated under this heading shall be transferred to the Working
Capital Fund for the development of and modifications to information
technology systems which serve programs or activities under ``Community
planning and development''.
Housing Programs
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental
[[Page 118 STAT. 384]]
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $778,320,000, plus
recaptures and cancelled commitments, to remain available until
September 30, 2006, of which amount $30,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects, and of which amount up to
$25,000,000 shall be for grants under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under such
section to assisted living or related use and for emergency capital
repairs as determined by the Secretary: Provided, That of the amount
made available under this heading, $20,000,000 shall be available to the
Secretary of Housing and Urban Development only for making competitive
grants to private nonprofit organizations and consumer cooperatives for
covering costs of architectural and engineering work, site control, and
other planning relating to the development of supportive housing for the
elderly that is eligible for assistance under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q): Provided further, That no less than
$470,000 shall be transferred to the Working Capital Fund for the
development of and modifications to information technology systems which
serve programs or activities under ``Housing programs'' or ``Federal
Housing Administration'': Provided further, That the Secretary may waive
the provisions of section 202 governing the terms and conditions of
project rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration: Provided further,
That all balances outstanding, as of September 30, 2003, for capital
advances, including amendments to capital advances, for housing for the
elderly, as authorized by section 202, for project rental assistance for
housing for the elderly, as authorized under section 202(c)(2) of such
Act, including amendments to contracts shall be transferred to and
merged with the amounts for those purposes under this heading.
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabilities,
as authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act, for project rental assistance for supportive
housing for persons with disabilities under section 811(d)(2) of such
Act, including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term, and
for supportive services associated with the housing for persons with
disabilities as authorized by section 811(b)(1) of such Act, and for
tenant-based rental assistance contracts entered into pursuant to
section 811 of such Act, $250,570,000, plus recaptures and cancelled
commitments to remain available until September 30, 2006: Provided, That
no less than $470,000 shall be transferred to the Working Capital Fund
for the development of and modifications to information technology
systems which serve programs or activities under ``Housing programs'' or
``Federal Housing Administration'': Provided further, That of the amount
provided under this heading, other than amounts
[[Page 118 STAT. 385]]
for renewal of expiring project-based or tenant-based rental assistance
contracts, the Secretary may designate up to 25 percent for tenant-based
rental assistance, as authorized by section 811 of such Act, (which
assistance is 5 years in duration): Provided further, That the Secretary
may waive the provisions of section 811 governing the terms and
conditions of project rental assistance and tenant-based assistance,
except that the initial contract term for such assistance shall not
exceed 5 years in duration: Provided further, That all balances
outstanding, as of September 30, 2003, for capital advances, including
amendments to capital advances, for supportive housing for persons with
disabilities, as authorized by section 811, for project rental
assistance for supportive housing for persons with disabilities, as
authorized under section 811(d)(2), including amendments to contracts
for such assistance and renewal of expiring contracts for such
assistance, and for supportive services associated with the housing for
persons with disabilities as authorized by section 811(b)(1), shall be
transferred to and merged with the amounts for these purposes under this
heading.
From the Rental Housing Assistance Fund, all uncommitted balances of
excess rental charges as of September 30, 2003, and any collections made
during fiscal year 2004, shall be transferred to the Flexible Subsidy
Fund, as authorized by section 236(g) of the National Housing Act, as
amended.
Up to $303,000,000 of recaptured section 236 budget authority
resulting from prepayment of mortgages subsidized under section 236 of
the National Housing Act (12 U.S.C. 1715z-1) shall be rescinded in
fiscal year 2004: Provided, That the limitation otherwise applicable to
the maximum payments that may be required in any fiscal year by all
contracts entered into under section 236 is reduced in fiscal year 2004
by not more than $303,000,000 in uncommitted balances of authorizations
of contract authority provided for this purpose in prior appropriations
Acts.
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), up to $13,000,000 to remain available until
expended, to be derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading from
the general fund shall be reduced as such collections are received
during fiscal year 2004 so as to result in a final fiscal year 2004
appropriation from the general fund estimated at not more than $0 and
[[Page 118 STAT. 386]]
fees pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2004 appropriation.
Federal Housing Administration
During fiscal year 2004, commitments to guarantee loans to carry out
the purposes of section 203(b) of the National Housing Act, as amended,
shall not exceed a loan principal of $185,000,000,000.
During fiscal year 2004, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $359,000,000, of which not to exceed
$355,000,000 shall be transferred to the appropriation for ``Salaries
and expenses''; and not to exceed $4,000,000 shall be transferred to the
appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses, $85,000,000, of which no less than
$20,744,000 shall be transferred to the Working Capital Fund for the
development of and modifications to information technology systems which
serve programs or activities under ``Housing programs'' or ``Federal
Housing Administration'': Provided, That to the extent guaranteed loan
commitments exceed $65,500,000,000 on or before April 1, 2004, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000.
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
the cost of loan guarantee modifications, as that term is defined in
section 502 of the Congressional Budget Act of 1974, as amended,
$15,000,000, to remain available until expended: Provided, That these
funds are available to subsidize total loan principal, any part of which
is to be guaranteed, of up to $25,000,000,000.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale of
multifamily real properties owned by the Secretary and formerly insured
under such Act; and of which not to exceed $20,000,000 shall be for
loans to nonprofit and governmental entities in connection with the sale
of single-family real properties owned by the Secretary and formerly
insured under such Act.
[[Page 118 STAT. 387]]
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $229,000,000, of which $209,000,000
shall be transferred to the appropriation for ``Salaries and expenses'';
and of which $20,000,000 shall be transferred to the appropriation for
``Office of Inspector General''.
In addition, for administrative contract expenses necessary to carry
out the guaranteed and direct loan programs, $93,780,000, of which no
less than $16,946,000 shall be transferred to the Working Capital Fund
for the development of and modifications to information technology
systems which serve programs or activities under ``Housing programs'' or
``Federal Housing Administration'': Provided, That to the extent
guaranteed loan commitments exceed $8,426,000,000 on or before April 1,
2004, an additional $1,980 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
over $8,426,000,000 (including a pro rata amount for any increment below
$1,000,000), but in no case shall funds made available by this proviso
exceed $14,400,000.
Government National Mortgage Association
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $200,000,000,000, to remain available until September
30, 2005.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $10,695,000, to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $10,695,000, shall be transferred to the
appropriation for ``Salaries and expenses''.
Policy Development and Research
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $47,000,000, to remain
available until September 30, 2005: Provided, That of the total amount
provided under this heading, $7,500,000 shall be for the Partnership for
Advancing Technology in Housing (PATH) Initiative.
Fair Housing and Equal Opportunity
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act
[[Page 118 STAT. 388]]
of 1987, as amended, $48,000,000, to remain available until September
30, 2005, of which $20,250,000 shall be to carry out activities pursuant
to such section 561: Provided, <<NOTE: Lobbying.>> That no funds made
available under this heading shall be used to lobby the executive or
legislative branches of the Federal Government in connection with a
specific contract, grant or loan.
Office of Lead Hazard Control
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$175,000,000, to remain available until September 30, 2005, of which
$10,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided, That
of the total amount made available under this heading, $50,000,000 shall
be made available on a competitive basis for areas with the highest lead
paint abatement needs, as identified by the Secretary as having: (1) the
highest number of occupied pre-1940 units of rental housing; and (2) a
disproportionately high number of documented cases of lead-poisoned
children: Provided further, That each grantee receiving funds under the
previous proviso shall target those privately owned units and
multifamily buildings that are occupied by low-income families as
defined under section 3(b)(2) of the United States Housing Act of 1937:
Provided further, That not less than 90 percent of the funds made
available under this paragraph shall be used exclusively for abatement,
inspections, risk assessments, temporary relocations and interim control
of lead-based hazards as defined by 42 U.S.C. 4851: Provided further,
That each recipient of funds provided under the first proviso shall make
a matching contribution in an amount not less than 25 percent: Provided
further, That each applicant shall submit a detailed plan and strategy
that demonstrates adequate capacity that is acceptable to the Secretary
to carry out the proposed use of funds pursuant to a Notice of Funding
Availability.
Management and Administration
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including purchase of uniforms, or allowances therefor, as authorized by
5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $25,000 for official
reception and representation expenses, $1,123,130,000, of which
$564,000,000 shall be provided from the various funds of the Federal
Housing Administration, $10,695,000 shall be provided from funds of the
Government National Mortgage Association, $1,000,000 shall be provided
from the ``Community development loan guarantees program'' account,
$150,000 shall be
[[Page 118 STAT. 389]]
provided by transfer from the ``Native American housing block grants''
account, $250,000 shall be provided by transfer from the ``Indian
housing loan guarantee fund program'' account and $35,000 shall be
transferred from the ``Native Hawaiian housing loan guarantee fund''
account: Provided, <<NOTE: Notification.>> That funds made available
under this heading shall only be allocated in the manner specified in
the report accompanying this Act unless the Committees on Appropriations
of both the House of Representatives and the Senate are notified of any
changes in an operating plan or reprogramming: Provided further, That no
official or employee of the Department shall be designated as an
allotment holder unless the Office of the Chief Financial Officer (OCFO)
has determined that such allotment holder has implemented an adequate
system of funds control and has received training in funds control
procedures and directives: Provided further, <<NOTE: Records. 42 USC
3549 note.>> That the Chief Financial Officer shall establish positive
control of and maintain adequate systems of accounting for
appropriations and other available funds as required by 31 U.S.C. 1514:
Provided further, That for purposes of funds control and determining
whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 1341
et seq.), the point of obligation shall be the executed agreement or
contract, except with respect to insurance and guarantee programs,
certain types of salaries and expenses funding, and incremental funding
that is authorized under an executed agreement or contract, and shall be
designated in the approved funds control plan: Provided
further, <<NOTE: Procedures.>> That the Chief Financial Officer shall:
(1) appoint qualified personnel to conduct investigations of potential
or actual violations; (2) establish minimum training requirements and
other qualifications for personnel that may be appointed to conduct
investigations; (3) establish guidelines and timeframes for the conduct
and completion of investigations; (4) prescribe the content, format and
other requirements for the submission of final reports on violations;
and (5) prescribe such additional policies and procedures as may be
required for conducting investigations of, and administering,
processing, and reporting on, potential and actual violations of the
Anti-Deficiency Act and all other statutes and regulations governing the
obligation and expenditure of funds made available in this or any other
Act: Provided further, That the Secretary shall fill 7 out of 10
vacancies at the GS-14 and GS-15 levels until the total number of GS-14
and GS-15 positions in the Department has been reduced from the number
of GS-14 and GS-15 positions on the date of enactment of Public Law 106-
377 by 2\1/2\ percent.
The tenth proviso under this heading in the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2003, <<NOTE: 42 USC 3549 note. working capital
fund>> is amended by striking ``the purpose of'' and inserting
``purposes of funds control and'' and before the colon insert the
following ``, except with respect to insurance and guarantee programs,
certain types of salaries and expenses funding, and incremental funding
that is authorized under an executed agreement or contract''.
For additional capital for the Working Capitol Fund (42 U.S.C. 3535)
for the development of, modifications to, and infrastructure for
Department-wide information technology systems, and for the continuing
operation of both Department-wide and program-specific
[[Page 118 STAT. 390]]
information systems, $235,000,000, to remain available until September
30, 2005: Provided, That any amounts transferred to this Fund under this
Act shall remain available until expended.
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$101,000,000, of which $24,000,000 shall be provided from the various
funds of the Federal Housing Administration: Provided, That the
Inspector General shall have independent authority over all personnel
issues within this office: Provided further, That no less than $300,000
shall be transferred to the Working Capital Fund for the development of
and modifications to information technology systems for the Office of
Inspector General.
All unobligated balances remaining available from fees and charges
under section 7(j) of the Department of Housing and Urban Development
Act on October 1, 2003 are rescinded.
Office of Federal Housing Enterprise Oversight
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $39,915,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That of the amount made available under this
heading, $4,500,000 is for 1-time costs to conduct special
investigations of the Federal housing enterprises and $3,000,000 is for
costs associated with strengthening the examination and legal functions:
Provided further, <<NOTE: Deadline.>> That the Secretary shall submit a
spending plan for the amounts provided under this heading no later than
January 15, 2004: Provided further, That not less than 60 percent of
total amount made available under this heading shall be used only for
examination, supervision, and capital oversight of the enterprises (as
such term is defined in section 1303 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure
that the enterprises are operating in a financially safe and sound
manner and complying with the capital requirements under subtitle B of
such Act: Provided further, That not to exceed the amount provided
herein shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the fund: Provided further, That the general
fund amount shall be reduced as collections are received during the
fiscal year so as to result in a final appropriation from the general
fund estimated at not more than $0.
[[Page 118 STAT. 391]]
Administrative Provisions
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the Treasury shall
be used by State housing finance agencies or local governments or local
housing agencies with projects approved by the Secretary of Housing and
Urban Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide
project owners with incentives to refinance their project at a lower
interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2004 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) <<NOTE: Grants. Inter-
governmental relations. AIDS.>> Notwithstanding section 854(c)(1)(A) of
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2004 that are
allocated under such section, the Secretary of Housing and Urban
Development shall allocate and make a grant, in the amount determined
under subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2004 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify under
clause (i) in fiscal year 2004 do not have the number of cases
of acquired immunodeficiency syndrome (AIDS) required under such
clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2004, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
Sec. 204. (a) <<NOTE: Michigan.>> During fiscal year 2004, in the
provision of rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a program to
demonstrate the economy and effectiveness of providing such assistance
for use in assisted living facilities that is carried out in the
counties of the State of Michigan specified in subsection (b) of this
section, notwithstanding paragraphs (3) and (18)(B)(iii) of such section
8(o), a family residing in an assisted living facility in any such
county, on behalf of which a public housing agency provides assistance
pursuant to section 8(o)(18) of such Act, may be required, at the
[[Page 118 STAT. 392]]
time the family initially receives such assistance, to pay rent in an
amount exceeding 40 percent of the monthly adjusted income of the family
by such a percentage or amount as the Secretary of Housing and Urban
Development determines to be appropriate.
(b) The counties specified in this subsection are Oakland County,
Macomb County, Wayne County, and Washtenaw County, in the State of
Michigan.
Sec. 205. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989.
Sec. 206. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1831).
Sec. 207. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 208. Corporations and agencies of the Department of Housing and
Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance with law,
and to make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be necessary
in carrying out the programs set forth in the budget for 2003 for such
corporation or agency except as hereinafter provided: Provided, That
collections of these corporations and agencies may be used for new loan
or mortgage purchase commitments only to the extent expressly provided
for in this Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations Acts), except
that this proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 209. None of the funds provided in this title for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each program, project or activity as part of
the Budget Justifications. <<NOTE: Deadline.>> For fiscal year 2004, HUD
shall transmit this information to the Committees by January 15, 2004,
for 30 days of review.
Sec. 210. <<NOTE: State listing.>> A public housing agency or such
other entity that administers Federal housing assistance in the States
of Alaska, Iowa, and Mississippi, shall not be required to include a
resident
[[Page 118 STAT. 393]]
of public housing or a recipient of assistance provided under section 8
of the United States Housing Act of 1937 on the board of directors or a
similar governing board of such agency or entity as required under
section (2)(b) of such Act. <<NOTE: Establishment.>> Each public housing
agency or other entity that administers Federal housing assistance under
section 8 in the States of Alaska, Iowa, and Mississippi, shall
establish an advisory board of not less than 6 residents of public
housing or recipients of section 8 assistance to provide advice and
comment to the public housing agency or other administering entity on
issues related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
Sec. 211. <<NOTE: Reports.>> The Secretary of Housing and Urban
Development shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted, unobligated,
recaptured and excess funds in each program and activity within the
jurisdiction of the Department and shall submit additional, updated
budget information to these Committees upon request.
Sec. 212. <<NOTE: Effective date.>> Notwithstanding any other
provision of law, in fiscal year 2004, in managing and disposing of any
multifamily property that is owned or held by the Secretary and is
occupied primarily by elderly or disabled families, the Secretary of
Housing and Urban Development shall maintain any rental assistance
payments under section 8 of the United States Housing Act of 1937 that
are attached to any dwelling units in the property. To the extent the
Secretary determines that such a multifamily property owned or held by
the Secretary is not feasible for continued rental assistance payments
under such section 8, the Secretary may, in consultation with the
tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties or
provide other rental assistance.
Sec. 213. <<NOTE: Reports. Deadline. 42 USC 1437 note.>> The
Secretary of Housing and Urban Development shall submit an annual report
no later than August 30, 2004, and annually thereafter to the House and
Senate Committees on Appropriations regarding the number of Federally
assisted units under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 214. (a) <<NOTE: AIDS. Delaware. New Jersey.>> Notwithstanding
any other provision of law, the amount allocated for fiscal year 2004
under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the City of Wilmington, Delaware, on behalf of the
Wilmington, Delaware-Maryland-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the Philadelphia-Camden-
Wilmington, PA-NJ-DE-MD Metropolitan Statistical Area, shall be adjusted
by the Secretary of Housing and Urban Development by allocating to the
State of New Jersey the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located in
New Jersey. The State of New Jersey shall use amounts allocated to the
State under this subsection to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New Jersey.
(b) <<NOTE: North Carolina.>> Notwithstanding any other provision of
law, the Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would be
allocated for fiscal year 2004 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
[[Page 118 STAT. 394]]
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan
Statistical Area. Any amounts allocated to Wake County shall be used to
carry out eligible activities under section 855 of such Act (42 U.S.C.
12904) within such metropolitan statistical area.
Sec. 215. <<NOTE: 112 USC 1715o.>> Section 224 of the National
Housing Act (12 U.S.C. 1735o) is amended by adding the following new
sentence at the end of the first paragraph: ``Notwithstanding the
preceding sentence and the following paragraph, if an insurance claim is
paid in cash for any mortgage that is insured under section 203 or 234
of this Act and is endorsed for mortgage insurance after the date of
enactment of this sentence, the debenture interest rate for purposes of
calculating such a claim shall be the monthly average yield, for the
month in which the default on the mortgage occurred, on United States
Treasury Securities adjusted to a constant maturity of 10 years.''.
Sec. 216. The McKinney-Vento Homeless Assistance Act (42 U.S.C.
11301 et seq.) is amended--
(1) <<NOTE: 101 Stat. 482.>> in section 101(b), by striking
``Interagency Council on the Homeless'' and inserting ``United
States Interagency Council on Homelessness'';
(2) <<NOTE: 42 USC 11301.>> in section 102(b)(1), by
striking ``an Interagency Council on the Homeless'' and
inserting ``the United States Interagency Council on
Homelessness'';
(3) in the heading for title II, by striking ``INTERAGENCY
COUNCIL ON THE HOMELESS'' and inserting ``UNITED STATES
INTERAGENCY COUNCIL ON HOMELESSNESS''; and
(4) <<NOTE: 42 USC 11311, 11317, 11411.>> in sections 201,
207(1), 501(c)(2)(a), and 501(d)(3), by striking ``Interagency
Council on the Homeless'' and inserting ``United States
Interagency Council on Homelessness''.
Sec. 217. (a) Information Comparisons for Public and Assisted
Housing Programs.--Section 453(j) of the Social Security Act (42 U.S.C.
653(j)) is amended by adding at the end the following new paragraph:
``(7) Information comparisons for housing assistance
programs.--
``(A) Furnishing of information by hud.--Subject to
subparagraph (G), the Secretary of Housing and Urban
Development shall furnish to the Secretary, on such
periodic basis as determined by the Secretary of Housing
and Urban Development in consultation with the
Secretary, information in the custody of the Secretary
of Housing and Urban Development for comparison with
information in the National Directory of New Hires, in
order to obtain information in such Directory with
respect to individuals who are participating in any
program under--
``(i) the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.);
``(ii) section 202 of the Housing Act of 1959
(12 U.S.C. 1701q);
``(iii) section 221(d)(3), 221(d)(5), or 236
of the National Housing Act (12 U.S.C. 1715l(d)
and 1715z-1);
``(iv) section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013);
or
``(v) section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s).
[[Page 118 STAT. 395]]
``(B) Requirement to seek minimum information.--The
Secretary of Housing and Urban Development shall seek
information pursuant to this section only to the extent
necessary to verify the employment and income of
individuals described in subparagraph (A).
``(C) Duties of the secretary.--
``(i) Information disclosure.--The Secretary,
in cooperation with the Secretary of Housing and
Urban Development, shall compare information in
the National Directory of New Hires with
information provided by the Secretary of Housing
and Urban Development with respect to individuals
described in subparagraph (A), and shall disclose
information in such Directory regarding such
individuals to the Secretary of Housing and Urban
Development, in accordance with this paragraph,
for the purposes specified in this paragraph.
``(ii) Condition on disclosure.--The Secretary
shall make disclosures in accordance with clause
(i) only to the extent that the Secretary
determines that such disclosures do not interfere
with the effective operation of the program under
this part.
``(D) Use of information by hud.--The Secretary of
Housing and Urban Development may use information
resulting from a data match pursuant to this paragraph
only--
``(i) for the purpose of verifying the
employment and income of individuals described in
subparagraph (A); and
``(ii) after removal of personal identifiers,
to conduct analyses of the employment and income
reporting of individuals described in subparagraph
(A).
``(E) Disclosure of information by hud.--
``(i) Purpose of disclosure.--The Secretary of
Housing and Urban Development may make a
disclosure under this subparagraph only for the
purpose of verifying the employment and income of
individuals described in subparagraph (A).
``(ii) Disclosures permitted.--Subject to
clause (iii), the Secretary of Housing and Urban
Development may disclose information resulting
from a data match pursuant to this paragraph only
to a public housing agency, the Inspector General
of the Department of Housing and Urban
Development, and the Attorney General in
connection with the administration of a program
described in subparagraph (A). Information
obtained by the Secretary of Housing and Urban
Development pursuant to this paragraph shall not
be made available under section 552 of title 5,
United States Code.
``(iii) Conditions on disclosure.--Disclosures
under this paragraph shall be--
``(I) made in accordance with data
security and control policies
established by the Secretary of Housing
and Urban Development and approved by
the Secretary;
[[Page 118 STAT. 396]]
``(II) subject to audit in a manner
satisfactory to the Secretary; and
``(III) subject to the sanctions
under subsection (l)(2).
``(iv) Additional disclosures.--
``(I) Determination by
secretaries.--The Secretary of Housing
and Urban Development and the Secretary
shall determine whether to permit
disclosure of information under this
paragraph to persons or entities
described in subclause (II), based on an
evaluation made by the Secretary of
Housing and Urban Development (in
consultation with and approved by the
Secretary), of the costs and benefits of
disclosures made under clause (ii) and
the adequacy of measures used to
safeguard the security and
confidentiality of information so
disclosed.
``(II) Permitted persons or
entities.--If the Secretary of Housing
and Urban Development and the Secretary
determine pursuant to subclause (I) that
disclosures to additional persons or
entities shall be permitted, information
under this paragraph may be disclosed by
the Secretary of Housing and Urban
Development to a private owner, a
management agent, and a contract
administrator in connection with the
administration of a program described in
subparagraph (A), subject to the
conditions in clause (iii) and such
additional conditions as agreed to by
the Secretaries.
``(v) Restrictions on redisclosure.--A person
or entity to which information is disclosed under
this subparagraph may use or disclose such
information only as needed for verifying the
employment and income of individuals described in
subparagraph (A), subject to the conditions in
clause (iii) and such additional conditions as
agreed to by the Secretaries.
``(F) Reimbursement of hhs costs.--The Secretary of
Housing and Urban Development shall reimburse the
Secretary, in accordance with subsection (k)(3), for the
costs incurred by the Secretary in furnishing the
information requested under this paragraph.
``(G) Consent.--The Secretary of Housing and Urban
Development shall not seek, use, or disclose information
under this paragraph relating to an individual without
the prior written consent of such individual (or of a
person legally authorized to consent on behalf of such
individual).''.
(b) Consent to Information Comparison and Use as Condition of Hud
Program Eligibility.--As a condition of participating in any program
authorized under--
(1) the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.);
(2) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(3) section 221(d)(3), 221(d)(5), or 236 of the National
Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
[[Page 118 STAT. 397]]
(4) section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013); or
(5) section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s),
the Secretary of Housing and Urban Development may require consent by an
individual (or by a person legally authorized to consent on behalf of
such individual) for such Secretary to obtain, use, and disclose
information with respect to such individual in accordance with section
453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)).
Sec. 218. <<NOTE: Hawaii. Deadline.>> Notwithstanding any other
provision of law, the State of Hawaii may elect by July 31, 2004 to
distribute funds under section 106(d)(2) of the Housing and Community
Development Act of 1974, to units of general local government located in
nonentitlement areas of that State. If the State of Hawaii fails to make
such election, the Secretary shall for fiscal years 2005 and thereafter
make grants to the units of general local government located in the
State of Hawaii's nonentitlement areas (Hawaii, Kauai, and Maui
counties). The Secretary of Housing and Urban Development shall allocate
funds under section 106(d) of such Act to units of general local
government located in nonentitlement areas within the State of Hawaii in
accordance with a formula which bears the same ratio to the total amount
available for the nonentitlement areas of the State as the weighted
average of the ratios between: (1) the population of that eligible unit
of general local government and the population of all eligible units of
general local government in the nonentitlement areas of the State; (2)
the extent of poverty in that eligible unit of general local government
and the extent of poverty in all of the eligible units of general local
government in the nonentitlement areas of the State; and (3) the extent
of housing overcrowding in that eligible unit of general local
government and the extent of housing overcrowding in all of the eligible
units of general local government in the nonentitlement areas of the
State. In determining the weighted average of the ratios described in
the previous sentence, the ratio described in clause (2) shall be
counted twice and the ratios described in clauses (1) and (3) shall be
counted once. Notwithstanding any other provision, grants made under
this section shall be subject to the program requirements of section 104
of the Housing and Community Development Act of 1974 in the same manner
as such requirements are made applicable to grants made under section
106(b) of the Housing and Community Development Act of 1974.
Sec. 219. <<NOTE: Regulations. Deadline.>> The Secretary of Housing
and Urban Development shall issue a proposed rulemaking, in accordance
with title V, United States Code, not later than 90 days from the date
of enactment of this Act that--
(1) addresses and expands, as necessary, the participation
and certification requirements for the sale of HUD-owned
multifamily housing projects and the foreclosure sale of any
multifamily housing securing a mortgage held by the Secretary,
including whether a potential purchaser is in substantial
compliance with applicable State or local government housing
statutes, regulations, ordinances and codes with regard to other
properties owned by the purchaser; and
(2) requires any state, city, or municipality that exercises
its right of first refusal for the purchase of a multifamily
[[Page 118 STAT. 398]]
housing project under section 203 of the Housing and Community
Development Amendments of 1978 (12 U.S.C. 1701z-11(i)) to ensure
that potential purchasers of the project from the state, city,
or municipality are subject to the same standards that they
would otherwise be subject to if they had purchased the project
directly from the Secretary, including whether a potential
purchaser is in substantial compliance with applicable State or
local government housing statutes, regulations, ordinances and
codes with regard to other properties owned by the purchaser.
Sec. 220. <<NOTE: 115 Stat. 678.>> Section 217 of Public Law 107-73
is amended by striking ``the rehabilitation'' and inserting
``redevelopment, including demolition and new construction''.
Sec. 221. Notwithstanding any other provision of law, funds
appropriated for the housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, and for supportive housing
for persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act, shall be available
for the cost of maintaining and disposing of such properties that are
acquired or otherwise become the responsibility of the Department.
Sec. 222. <<NOTE: Regulations. 42 USC 1437g note.>> The Secretary of
Housing and Urban Development shall conduct negotiated rulemaking with
representatives from interested parties for purposes of any changes to
the formula governing the Public Housing Operating
Fund. <<NOTE: Deadline.>> A final rule shall be issued no later than
July 1, 2004.
Sec. 223. <<NOTE: Budget.>> The Department of Housing and Urban
Development shall submit the Department's fiscal year 2005 congressional
budget justifications to the Committees on Appropriations of the House
of Representatives and the Senate using the identical structure provided
under this Act and only in accordance with the direction included in the
joint explanatory statement of the managers accompanying this Act.
TITLE III--INDEPENDENT AGENCIES
American Battle Monuments Commission
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one for replacement only)
and hire of passenger motor vehicles; and insurance of official motor
vehicles in foreign countries, when required by law of such countries,
$41,300,000, to remain available until expended.
Chemical Safety and Hazard Investigation Board
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire
[[Page 118 STAT. 399]]
of passenger vehicles, uniforms or allowances therefore, as authorized
by 5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but
at rates for individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376,
$8,250,000: Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career <<NOTE: Government
organization. 5 USC app. 8G note. emergency fund>> Senior Executive
Service positions: Provided further, That notwithstanding any other
provision of law, the individual appointed to the position of Inspector
General of the Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General of the
Board: Provided further, That notwithstanding any other provision of
law, the Inspector General of the Board shall utilize personnel of the
Office of Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any individuals to
positions within the Board.
For necessary expenses of the Chemical Safety and Hazard
Investigation Board for accident investigations not otherwise provided
for, $450,000, to remain available until expended.
Department of the Treasury
Community Development Financial Institutions
To carry out the Community Development Banking and Financial
Institutions Act of 1994, including services authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for ES-3, $61,000,000, to remain available until
September 30, 2005, of which $4,000,000 shall be for financial
assistance, technical assistance, training and outreach programs
designed to benefit Native American, Native Hawaiian, and Alaskan Native
communities and provided primarily through qualified community
development lender organizations with experience and expertise in
community development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations and other
suitable providers, and up to $12,000,000 may be used for administrative
expenses, including administration of the New Markets Tax Credit, up to
$6,000,000 may be used for the cost of direct loans, and up to $250,000
may be used for administrative expenses to carry out the direct loan
program: Provided, That the cost of direct loans, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $11,000,000.
Consumer Product Safety Commission
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not
[[Page 118 STAT. 400]]
to exceed the per diem rate equivalent to the maximum rate payable under
5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal
officials' contributions to Commission activities, and not to exceed
$500 for official reception and representation expenses, $60,000,000.
Corporation for National and Community Service
For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out programs,
activities, and initiatives under the National and Community Service Act
of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $553,225,000, to remain
available until September 30, 2005: Provided, That not more than
$314,000,000 of the amount provided under this heading shall be
available for grants under the National Service Trust Program authorized
under subtitle C of title I of the Act (42 U.S.C. 12571 et seq.)
(relating to activities of the AmeriCorps program), including grants to
organizations operating projects under the AmeriCorps Education Awards
Program (without regard to the requirements of sections 121(d) and (e),
section 131(e), section 132, and sections 140(a), (d), and (e) of the
Act): Provided further, That not less than $130,000,000 of the amount
provided under this heading, to remain available without fiscal year
limitation, shall be transferred to the National Service Trust for
educational awards authorized under subtitle D of title I of the Act (42
U.S.C. 12601), of which up to $5,000,000 shall be available to support
national service scholarships for high school students performing
community service, and of which $10,000,000 shall be held in reserve as
defined in Public Law 108-45: Provided further, That in addition to
amounts otherwise provided to the National Service Trust under the
second proviso, the Corporation may transfer funds from the amount
provided under the first proviso, to the National Service Trust
authorized under subtitle D of title I of the Act (42 U.S.C. 12601) upon
determination that such transfer is necessary to support the activities
of national service participants and after notice is transmitted to
Congress: Provided further, That of the amount provided under this
heading for grants under the National Service Trust program authorized
under subtitle C of title I of the Act, not more than $55,000,000 may be
used to administer, reimburse, or support any national service program
authorized under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)):
Provided further, That not more than $11,225,000 shall be available for
quality and innovation activities authorized under subtitle H of title I
of the Act (42 U.S.C. 12853 et seq.), of which $3,000,000 shall be
available for challenge grants to non-profit organizations: Provided
further, That notwithstanding subtitle H of title I of the Act (42
U.S.C. 12853), none of the funds provided under the previous proviso
shall be used to support salaries and related expenses (including
travel) attributable to Corporation employees: Provided further, That to
the maximum extent feasible, funds appropriated under subtitle C of
title I of the Act shall be provided in a manner that is consistent with
the recommendations of peer review panels in order to ensure that
priority is given to programs that demonstrate quality, innovation,
[[Page 118 STAT. 401]]
replicability, and sustainability: Provided further, That not less than
$25,000,000 of the funds made available under this heading shall be
available for the Civilian Community Corps authorized under subtitle E
of title I of the Act (42 U.S.C. 12611 et seq.): Provided further, That
not more than $43,000,000 shall be available for school-based and
community-based service-learning programs authorized under subtitle B of
title I of the Act (42 U.S.C. 12521 et seq.): Provided further, That not
more than $3,000,000 shall be available for audits and other evaluations
authorized under section 179 of the Act (42 U.S.C. 12639): Provided
further, That not more than $10,000,000 of the funds made available
under this heading shall be made available for the Points of Light
Foundation for activities authorized under title III of the Act (42
U.S.C. 12661 et seq.), of which not more than $2,500,000 may be used to
support an endowment fund, the corpus of which shall remain intact and
the interest income from which shall be used to support activities
described in title III of the Act, provided that the Foundation may
invest the corpus and income in federally insured bank savings accounts
or comparable interest bearing accounts, certificates of deposit, money
market funds, mutual funds, obligations of the United States, and other
market instruments and securities but not in real estate investments:
Provided further, That no funds shall be available for national service
programs run by Federal agencies authorized under section 121(b) of such
Act (42 U.S.C. 12571(b)): Provided further, <<NOTE: America's Promise--
The Alliance for Youth, Inc. SALARIES AND EXPENSES>> That not more than
$5,000,000 of the funds made available under this heading shall be made
available to America's Promise--The Alliance for Youth, Inc.: Provided
further, That to the maximum extent practicable, the Corporation shall
increase significantly the level of matching funds and in-kind
contributions provided by the private sector, and shall reduce the total
Federal costs per participant in all programs.
For necessary expenses of administration as provided under section
501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.) including payment of salaries, authorized travel, hire of
passenger motor vehicles, the rental of conference rooms in the District
of Columbia, the employment of experts and consultants authorized under
5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $25,000,000.
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $6,250,000,
to remain available until September 30, 2005.
Notwithstanding any other provision of law, the term ``qualified
student loan'' with respect to national service education awards shall
mean any loan determined by an institution of higher education to be
necessary to cover a student's cost of attendance at such institution
and made, insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section 148(b)(7) of the
National and Community Service Act.
[[Page 118 STAT. 402]]
Notwithstanding any other provision of law, funds made available
under section 129(d)(5)(B) of the National and Community Service Act to
assist entities in placing applicants who are individuals with
disabilities may be provided to any entity that receives a grant under
section 121 of the Act.
The Inspector General of the Corporation for National and Community
Service shall conduct random audits of the grantees that administer
activities under the AmeriCorps programs and shall levy sanctions in
accordance with standard Inspector General audit resolution procedures
which include, but are not limited to, debarment of any grantee (or
successor in interest or any entity with substantially the same person
or persons in control) that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps programs,
including any grantee that has been determined to have violated the
prohibition of using Federal funds to lobby the Congress: Provided, That
the Inspector General shall obtain reimbursements in the amount of any
misused funds from any grantee that has been determined to have
committed any substantial violations of the requirements of the
AmeriCorps programs.
For fiscal year 2004, the Corporation shall make any significant
changes to program requirements or policy only through public notice and
comment rulemaking. For fiscal year 2004, during any grant selection
process, no officer or employee of the Corporation shall knowingly
disclose any covered grant selection information regarding such
selection, directly or indirectly, to any person other than an officer
or employee of the Corporation that is authorized by the Corporation to
receive such information.
U.S. Court of Appeals for Veterans Claims
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298,
$15,938,000 of which $1,175,000 shall be available for the purpose of
providing financial assistance as described, and in accordance with the
process and reporting procedures set forth, under this heading in Public
Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of one
passenger motor vehicle for replacement only, and not to exceed $1,000
for official reception and representation expenses, $29,000,000, to
remain available until expended.
[[Page 118 STAT. 403]]
Department of Health and Human Services
National Institutes of Health
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, as amended, and section 126(g) of the Superfund Amendments
and Reauthorization Act of 1986, $78,774,000.
Agency for Toxic Substances and Disease Registry
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
Solid Waste Disposal Act, as amended, $73,467,000, which may be derived
to the extent funds are available from the Hazardous Substance Superfund
Trust Fund pursuant to section 517(a) of SARA (26 U.S.C. 9507):
Provided, That notwithstanding any other provision of law, in lieu of
performing a health assessment under section 104(i)(6) of CERCLA, the
Administrator of ATSDR may conduct other appropriate health studies,
evaluations, or activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and referral to
accredited health care providers: Provided further, That in performing
any such health assessment or health study, evaluation, or activity, the
Administrator of ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the funds
appropriated under this heading shall be available for ATSDR to issue in
excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2004, and existing profiles may be updated as
necessary.
Environmental Protection Agency
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by
5 U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable for senior level positions
under 5 U.S.C. 5376; procurement of laboratory equipment and supplies;
other operating expenses in support of research and development;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project, $786,324,000, which shall
remain available until September 30, 2005: Provided, That of the funds
provided
[[Page 118 STAT. 404]]
under this heading in Public Law 108-7, in reference to item number 9,
the Administrator is authorized to make a grant of $436,000 to the City
of San Bernardino, California.
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or at
a price to members lower than to subscribers who are not members;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to exceed $9,000
for official reception and representation expenses, $2,293,578,000,
which shall remain available until September 30, 2005, including
administrative costs of the brownfields program under the Small Business
Liability Relief and Brownfields Revitalization Act of 2002.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$37,558,000, to remain available until September 30, 2005.
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $40,000,000, to remain available until
expended.
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,265,000,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund upon the date of enactment of
this Act as authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,265,000,000 as a payment
from general revenues to the Hazardous Substance Superfund for purposes
as authorized by section 517(b) of SARA, as amended: Provided, That
funds appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $13,214,000 shall be
transferred to the ``Office of Inspector General''
[[Page 118 STAT. 405]]
appropriation to remain available until September 30, 2005, and
$44,697,000 shall be transferred to the ``Science and technology''
appropriation to remain available until September 30, 2005.
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by section 205 of the Superfund Amendments
and Reauthorization Act of 1986, and for construction, alteration,
repair, rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $76,000,000, to remain available until expended.
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$16,209,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,896,800,000, to remain available until expended,
of which $1,350,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended (the ``Act''), of which up to
$75,000,000 shall be available for loans, including interest free loans
as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-municipal,
interstate, or State agencies or nonprofit entities for projects that
provide treatment for or that minimize sewage or stormwater discharges
using one or more approaches which include, but are not limited to,
decentralized or distributed stormwater controls, decentralized
wastewater treatment, low-impact development practices, conservation
easements, stream buffers, or wetlands restoration; $850,000,000 shall
be for capitalization grants for the Drinking Water State Revolving
Funds under section 1452 of the Safe Drinking Water Act, as amended,
except that, notwithstanding section 1452(n) of the Safe Drinking Water
Act, as amended, none of the funds made available under this heading in
this Act, or in previous appropriations Acts, shall be reserved by the
Administrator for health effects studies on drinking water contaminants;
$50,000,000 shall be for architectural, engineering, planning, design,
construction and related activities in connection with the construction
of high priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the appropriate
border commission; $43,000,000 <<NOTE: Grants. Alaska.>> shall be for
grants to the State of Alaska to address drinking water and waste
infrastructure needs of rural and Alaska Native Villages:
Provided, <<NOTE: Deadline.>> That, of these funds: (1) the State of
Alaska shall provide a match of 25 percent; (2) no more than 5 percent
of the funds may be used for administrative and overhead expenses; and
(3) not later than October 1, 2004, and thereafter, a statewide priority
list shall be established which shall remain in effect for at least 3
years for all water, sewer, waste disposal, and similar projects carried
out by the State of Alaska that are funded under section 221 of the
Federal Water Pollution Control
[[Page 118 STAT. 406]]
Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act
(7 U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of
the funds provided for projects in regional hub communities; $3,500,000
shall be for remediation of above ground leaking fuel tanks pursuant to
Public Law 106-554; $325,000,000 shall be for making grants for the
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with the
terms and conditions specified for such grants in the joint explanatory
statement of the managers accompanying this Act, and, for purposes of
these grants, each grantee shall contribute not less than 45 percent of
the cost of the project unless the grantee is approved for a waiver by
the Agency; $6,600,000 for grants for construction of alternative
decentralized wastewater facilities under the National Decentralized
Wastewater Demonstration program, in accordance with the terms and
conditions specified in the joint explanatory statement of the managers
accompanying this Act; $93,500,000 shall be to carry out section 104(k)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), as amended, including grants, interagency
agreements, and associated program support costs; and $1,175,200,000
shall be for grants, including associated program support costs, to
States, federally recognized tribes, interstate agencies, tribal
consortia, and air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions set forth
under this heading in Public Law 104-134, and for making grants under
section 103 of the Clean Air Act for particulate matter monitoring and
data collection activities of which and subject to terms and conditions
specified by the Administrator, of which $50,000,000 shall be for
carrying out section 128 of CERCLA, as amended, and $20,000,000 shall be
for Environmental Information Exchange Network grants, including
associated program support costs: Provided further, <<NOTE: 42 USC 300j-
12 note.>> That for fiscal year 2004, State authority under section
302(a) of Public Law 104-182 shall remain in effect: Provided further,
That notwithstanding section 603(d)(7) of the Act, the limitation on the
amounts in a State water pollution control revolving fund that may be
used by a State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year 2004 and
prior years where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in the fund,
and used for eligible purposes of the fund, including administration:
Provided further, <<NOTE: 33 USC 1377 note.>> That for fiscal year 2004,
and notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to Indian tribes pursuant to
sections 319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2004, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 1\1/2\ percent of the funds
appropriated for State Revolving Funds under title VI of that Act may be
reserved by the Administrator for grants under section 518(c) of such
Act: Provided further, That no funds provided by this legislation to
address the water, wastewater and other critical infrastructure needs of
the colonias in the United States along the United States-Mexico border
shall be made available to a county
[[Page 118 STAT. 407]]
or municipal government unless that government has established an
enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional
colonia areas, or the development within an existing colonia the
construction of any new home, business, or other structure which lacks
water, wastewater, or other necessary infrastructure: Provided further,
That the referenced statement of the managers under this heading in
Public Law 106-377 is deemed to be amended by striking ``wastewater'' in
reference to item number 219 and inserting ``water'': Provided further,
That the referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended by striking ``wastewater'' in
reference to item number 409 and inserting ``water'': Provided further,
That the referenced statement of the managers under this heading in
Public Law 108-7, item number 383, is deemed to be amended by adding
after the word ``overflow'', ``and water infrastructure'': Provided
further, That the referenced statement of the managers under this
heading in Public Law 108-7, item number 255, is deemed to be amended by
inserting ``water and'' after the words ``Mississippi for'': Provided
further, That the referenced statement of the managers under this
heading in Public Law 108-7, item number 256, is deemed to be amended by
adding after the word ``for'', ``water and'': Provided further, That the
referenced statement of the managers under this heading in Public Law
105-276, in reference to item number 19, is deemed to be amended by
striking ``Wolfe County'', and inserting ``the City of Campton'':
Provided further, That the referenced statement of the managers under
this heading in Public Law 108-7, in reference to item number 364, is
deemed to be amended by striking everything after ``improvements'':
Provided further, That the referenced statement of the managers under
this heading in Public Law 108-7, in reference to item number 191, is
deemed to be amended by striking ``wastewater'', and inserting
``water'': Provided further, That the referenced statement of the
managers under this heading in Public Law 108-7, in reference to item
number 223, is deemed to be amended by adding, ``and for other projects
within Indian Head after the needs of Woodland Village are met.'':
Provided further, That the referenced statement of the managers under
this heading in Public Law 106-377 is deemed to be amended in reference
to item number 234, as amended, by striking everything after ``234.''
and inserting ``$1,500,000 for the Town of Delbarton Wastewater
Collection and Treatment Replacement/Upgrade Project.'': Provided
further, That the referenced statement of the managers under this
heading in Public Law 108-7 is deemed to be amended by striking
``wastewater'' in reference to item number 469 and inserting ``water'':
Provided further, That the referenced statement of the managers under
this heading in Public Law 108-7 is deemed to be amended by striking
``Fayette, Mississippi for the Jefferson County'' in reference to item
number 263 and inserting ``Jefferson
County, <<NOTE: Certification. administrative
provisions>> Mississippi'': Provided further, That notwithstanding any
other provision of law, the Administrator of the Environmental
Protection Agency shall certify grant amendments for grant number C34-
0714-03.
For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal
[[Page 118 STAT. 408]]
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally-recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in
implementing Federal environmental programs for Indian Tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide, and
Rodenticide Act (as added by subsection (f)(2) of the Pesticide
Registration Improvement Act of 2003).
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for
fiscal year 2004 may be used to award grants or loans under section
104(k) of CERCLA to eligible entities that satisfy all of the elements
set forth in CERCLA section 101(40) to qualify as a bona fide
prospective purchaser except that the date of acquisition of the
property was prior to the date of enactment of the Small Business
Liability Relief and Brownfield Revitalization Act of 2001.
Executive Office of the President
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception
and representation expenses, and rental of conference rooms in the
District of Columbia, $7,027,000.
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception and representation expenses,
$3,238,000: Provided, That notwithstanding <<NOTE: 42 USC 4342
note.>> section 202 of the National Environmental Policy Act of 1970,
the Council shall consist of one member, appointed by the President, by
and with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Federal Deposit Insurance Corporation
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $30,125,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
[[Page 118 STAT. 409]]
General Services Administration
For necessary expenses of the Federal Citizen Information Center,
including services authorized by 5 U.S.C. 3109, $14,000,000, to be
deposited into the Federal Citizen Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to exceed
$21,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2004 in excess of $21,000,000 shall remain in
the Fund and shall not be available for expenditure except as authorized
in appropriations Acts.
United States Interagency Council on Homelessness
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) of the
Interagency Council on the Homeless in carrying out the functions
pursuant to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $1,500,000.
National Aeronautics and Space Administration
For necessary expenses, not otherwise provided for, in the conduct
and support of space flight capabilities research and development
activities, including research, development, operations, support and
services; maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and acquisition or condemnation of real
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control and communications
activities including operations, production, and services; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; not to exceed
$35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $7,512,100,000, to remain available until
September 30, 2005, of which $15,000,000 of amounts for the Space
Shuttle Life Extension Program shall be for the development and
independent assessment of concepts to increase Space Shuttle crew
survivability for crew sizes of 4 to 7 astronauts, and of which amounts
as determined by the Administrator for salaries and benefits; training,
travel and awards; facility and related costs; information technology
services; science,
[[Page 118 STAT. 410]]
engineering, fabricating and testing services; and other administrative
services may be transferred to ``Science, aeronautics and exploration''
in accordance with section 312(b) of the National Aeronautics and Space
Act of 1958, as amended by Public Law 106-377.
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and exploration research and
development activities, including research, development, operations,
support and services; maintenance; construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control and
communications activities including operations, production, and
services; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $7,929,900,000, to remain available until
September 30, 2005, of which amounts as determined by the Administrator
for salaries and benefits; training, travel and awards; facility and
related costs; information technology services; science, engineering,
fabricating and testing services; and other administrative services may
be transferred to ``Space flight capabilities'' in accordance with
section 312(b) of the National Aeronautics and Space Act of 1958, as
amended by Public Law 106-377.
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $27,300,000.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or ``Space
flight capabilities'' by this appropriations Act, when any activity has
been initiated by the incurrence of obligations for construction of
facilities or environmental compliance and restoration activities as
authorized by law, such amount available for such activity shall remain
available until expended. This provision does not apply to the amounts
appropriated for institutional minor revitalization and construction of
facilities, and institutional facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or ``Space
flight capabilities'' by this appropriations Act, the amounts
appropriated for construction of facilities shall remain available until
September 30, 2006.
[[Page 118 STAT. 411]]
From amounts made available in this Act for these activities, the
Administration may transfer amounts between aeronautics of the
``Science, aeronautics and exploration'' account and crosscutting
technologies of the ``Space flight capabilities'' account.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed or
the offer is withdrawn.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the appropriation that
provides such activity under this Act. Balances so transferred may be
merged with funds in the newly established account and thereafter may be
accounted for as one fund under the same terms and conditions.
National Credit Union Administration
During fiscal year 2004, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility in fiscal year 2004 shall not exceed $310,000.
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,200,000 shall be
available: Provided, That of this amount $200,000, together with amounts
of principal and interest on loans repaid, is available until expended
for loans to community development credit unions, and $1,000,000 is
available until September 30, 2004 for technical assistance to low-
income and community development credit unions.
National Science Foundation
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
establish a National Medal of Science (42 U.S.C. 1880-1881); services as
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $4,276,600,000, of which not to exceed
$345,000,000 shall remain available until expended for Polar research
and operations support, and for reimbursement to other Federal agencies
for operational and science support and logistical and other related
activities for the United States Antarctic program; the balance to
remain available until September 30, 2005: Provided, That receipts for
scientific support services and materials furnished by the National
Research Centers and other National Science Foundation supported
research facilities may be credited to this appropriation: Provided
further, That to the extent that the amount appropriated is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
[[Page 118 STAT. 412]]
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally: Provided further, That $90,000,000 of
the funds available under this heading shall be made available for a
comprehensive research initiative on plant genomes for economically
significant crops.
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended, including authorized travel,
$155,900,000, to remain available until expended.
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of Columbia,
$944,550,000, to remain available until September 30, 2005: Provided,
That to the extent that the amount of this appropriation is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in the
authorizing Act for those program activities or their subactivities
shall be reduced proportionally.
For salaries and expenses necessary in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
not to exceed $9,000 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for security guard
services; $220,000,000: Provided, That contracts may be entered into
under ``Salaries and expenses'' in fiscal year 2004 for maintenance and
operation of facilities, and for other services, to be provided during
the next fiscal year.
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of 1950
(42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$3,900,000: Provided, That not more than $9,000 shall be available for
official reception and representation expenses.
[[Page 118 STAT. 413]]
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$10,000,000, to remain available until September 30, 2005.
Neighborhood Reinvestment Corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $115,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
Section 605(a) of the Neighborhood Reinvestment Corporation Act (42
U.S.C. 8104) is amended by--
(1) striking out ``compensation'' and inserting ``salary'';
and striking out ``highest rate provided for GS-18 of the
General Schedule under section 5332 of title 5 United States
Code''; and inserting ``rate for level IV of the Executive
Schedule''; and
(2) inserting after the end the following sentence: ``The
Corporation shall also apply the provisions of section
5307(a)(1), (b)(1) and (b)(2) of title 5, United States Code,
governing limitations on certain pay as if its employees were
Federal employees receiving payments under title 5.''.
Selective Service System
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$26,308,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary in the
interest of national defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection with the
induction of any person into the Armed Forces of the United States.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. No funds appropriated by this Act may be expended--
(1) pursuant to a certification of an officer or employee of
the United States unless--
[[Page 118 STAT. 414]]
(A) such certification is accompanied by, or is part
of, a voucher or abstract which describes the payee or
payees and the items or services for which such
expenditure is being made; or
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract,
is specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Officer or is specifically exempt by law from
such audit.
Sec. 403. None of the funds provided in this Act to any department
or agency may be obligated or expended for: (1) the transportation of
any officer or employee of such department or agency between the
domicile and the place of employment of the officer or employee, with
the exception of an officer or employee authorized such transportation
under 31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency.
Sec. 404. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share in
the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest of
the grantee or contractor and the Government in the research.
Sec. 405. None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of the rate
paid for level IV of the Executive Schedule, unless specifically
authorized by law.
Sec. 406. None of the funds provided in this Act may be used to pay
the expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings. Nothing herein
affects the authority of the Consumer Product Safety Commission pursuant
to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et
seq.).
Sec. 407. <<NOTE: Contracts. Public information. Records.>> Except
as otherwise provided under existing law, or under an existing Executive
order issued pursuant to an existing law, the obligation or expenditure
of any appropriation under this Act for contracts for any consulting
service shall be limited to contracts which are: (1) a matter of public
record and available for public inspection; and (2) thereafter included
in a publicly available list of all contracts entered into within 24
months prior to the date on which the list is made available to the
public and of all contracts on which performance has not been completed
by such date. The list required by the preceding sentence shall be
updated quarterly and shall include a narrative description of the work
to be performed under each such contract.
Sec. 408. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 409. Such sums as may be necessary for fiscal year 2004 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
[[Page 118 STAT. 415]]
Sec. 410. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds made
available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 411. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 412. <<NOTE: Lobbying.>> Except in the case of entities that
are funded solely with Federal funds or any natural persons that are
funded under this Act, none of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties to lobby or litigate in
respect to adjudicatory proceedings funded in this
Act. <<NOTE: Certification.>> A chief executive officer of any entity
receiving funds under this Act shall certify that none of these funds
have been used to engage in the lobbying of the Federal Government or in
litigation against the United States unless authorized under existing
law.
Sec. 413. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 414. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public service
activities.
Sec. 415. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 416. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per
gallon average of less than 22 miles per gallon.
Sec. 417. Section 312 of the National Aeronautics and Space
Administration Act of 1958, as amended, <<NOTE: 42 USC 2459f.>> is
further amended--
(1) by striking the second Sec. ``312'' and inserting
``313'';
(2) by inserting the title, ``Full Cost Appropriations
Account Structure'', before Sec. 313;
(3) in subsection (a)--
(A) by striking ``Human space flight'' and inserting
``Space flight capabilities'';
(B) by striking ``technology'' and inserting
``exploration''; and
(C) by striking ``2002'' and inserting ``2004''; and
[[Page 118 STAT. 416]]
(4) by striking subsection (c), and inserting the following
new subsection:
``(c) The unexpired balances of prior appropriations to the
Administration for activities authorized under this Act may be
transferred to the new account established for such activity in
subsection (a). Balances so transferred may be merged with funds in the
newly established account and thereafter may be accounted for as one
fund under the same terms and conditions.''.
Sec. 418. None of the funds made available in this Act may be used
to implement any policy prohibiting the Directors of the Veterans
Integrated Service Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 419. None of the funds provided in this Act may be expended to
apply, in a numerical estimate of the benefits of an agency action
prepared pursuant to Executive Order No. 12866 or section 312 of the
Clean Air Act (42 U.S.C. 7612), monetary values for adult premature
mortality that differ based on the age of the adult.
Sec. 420. It is the sense of Congress that no veteran should wait
more than 30 days for an initial doctor's appointment.
Sec. 421. It is the sense of the Congress that human dosing studies
of pesticides raises ethical and health questions.
Sec. 422. None of the funds made available to NASA in this Act may
be used for voluntary separation incentive payments as provided for in
subchapter II of chapter 35 of title 5, United States Code, unless the
Administrator of NASA has first certified to Congress that such payments
would not result in the loss of skills related to the safety of the
Space Shuttle or the International Space Station or to the conduct of
independent safety oversight in the National Aeronautics and Space
Administration.
Sec. 423. Section 106(d) of the Housing and Community Development
Act of 1974 (42 U.S.C. 5306(d)) is amended--
(1) in paragraph (3)(A), by striking ``shall not exceed 2
percent'' and inserting ``shall not, subject to paragraph (6),
exceed 3 percent'';
(2) in paragraph (5), by striking ``not to exceed 1
percent'' and inserting ``subject to paragraph (6), not to
exceed 3 percent'';
(3) by redesignating the second paragraph (5) and paragraph
(6) as paragraphs (7) and (8), respectively; and
(4) by inserting after paragraph (5) the following:
``(6) Of the amounts received under paragraph (1), the State
may deduct not more than an aggregate total of 3 percent of such
amounts for--
``(A) administrative expenses under paragraph
(3)(A); and
``(B) technical assistance under paragraph (5).''.
Sec. 424. National Academy of Sciences Study. The matter under the
heading ``administrative provisions'' under the heading ``Environmental
Protection Agency'' in title III of division K of the Consolidated
Appropriations Resolution, 2003 (117 Stat. 513), is amended--
(1) in the first sentence of the fifth undesignated
paragraph (beginning ``As soon as''), by inserting before the
period at the end the following: ``, and the impact of the final
rule entitled `Prevention of Significant Deterioration (PSD) and
Nonattainment New Source Review (NSR): Equipment Replacement
[[Page 118 STAT. 417]]
Provision of the Routine Maintenance, Repair and Replacement
Exclusion', amending parts 51 and 52 of title 40, Code of
Federal Regulations, and published in electronic docket OAR-
2002-0068 on August 27, 2003''; and
(2) in the sixth undesignated paragraph (beginning ``The
National Academy of Sciences''), by striking ``March 3, 2004''
and inserting ``January 1, 2005''.
Sec. 425. Designations of Areas for PM<INF>2.5</INF> 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) <<NOTE: Deadlines. Inter-
governmental relations.>> Designations.--
``(A) Submission.--Notwithstanding any other
provision of law, not later than February 15, 2004, the
Governor of each State shall submit designations
referred to in paragraph (1) for the July 1997
PM<INF>2.5</INF> national ambient air quality standards
for each area within the State, based on air quality
monitoring data collected in accordance with any
applicable Federal reference methods for the relevant
areas.
``(B) Promulgation.--Notwithstanding any other
provision of law, not later than December 31, 2004, the
Administrator shall, consistent with paragraph (1),
promulgate the designations referred to in subparagraph
(A) for each area of each State for the July 1997
PM<INF>2.5</INF> national ambient air quality standards.
``(7) Implementation plan for regional haze.--
``(A) In general.--Notwithstanding any other
provision of law, not later than 3 years after the date
on which the Administrator promulgates the designations
referred to in paragraph (6)(B) for a State, the State
shall submit, for the entire State, the State
implementation plan revisions to meet the requirements
promulgated by the Administrator under section
169B(e)(1) (referred to in this paragraph as `regional
haze requirements').
``(B) No preclusion of other provisions.--Nothing in
this paragraph precludes the implementation of the
agreements and recommendations stemming from the Grand
Canyon Visibility Transport Commission Report dated June
1996, including the submission of State implementation
plan revisions by the States of Arizona, California,
Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, or
Wyoming by December 31, 2003, for implementation of
regional haze requirements applicable to those
States.''.
(b) <<NOTE: 42 USC 7407 note.>> 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--
[[Page 118 STAT. 418]]
(1) treat the Pioneer Homes in the State of Alaska
collectively as a single State home for veterans for purposes of
section 1741 of title 38, United States Code; and
(2) make per diem payments to the State of Alaska for care
provided to veterans in the Pioneer Homes in accordance with the
provisions of that section.
(b) Treatment Notwithstanding Non-Veteran Residency.--The Secretary
may treat the Pioneer Homes as a State home under subsection (a)
notwithstanding the residency of non-veterans in one or more of the
Pioneer Homes.
(c) Pioneer Homes Defined.--In this section, the term ``Pioneer
Homes'' means the six regional homes in the State of Alaska known as
Pioneer Homes, which are located in the following:
(1) Anchorage, Alaska.
(2) Fairbanks, Alaska.
(3) Juneau, Alaska.
(4) Ketchikan, Alaska.
(5) Palmer, Alaska.
(6) Sitka, Alaska.
(d) Limitation.--The number of beds occupied by veterans
collectively in the six Pioneer Homes listed under subsection (c) for
which per diem would be paid under this authority shall not exceed the
number of veterans in State beds that otherwise would be permitted in
Alaska under the Department of Veterans Affairs State home regulations
governing the number of beds per veteran population.
Sec. 427. <<NOTE: Space Shuttle Columbia.>> 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. <<NOTE: California.>> Regulation of Small Engines. (a) In
considering any request from California to authorize the State to adopt
or enforce standards of other requirements relating to the control of
emissions from new non-road spark-ignition engines smaller than 50
horsepower, the Administrator shall give appropriate consideration to
safety factors (including the potential increased risk of burn or fire)
associated with compliance with the California standard.
(b) <<NOTE: Deadlines. 42 USC 7547 note.>> 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. <<NOTE: Federal Register, publication.>> Not later than
December 31, 2005, the Administrator shall publish in the Federal
Register final regulations containing such standards.
(c) No State or any political subdivision thereof may adopt or
attempt to enforce any standard or other requirement applicable to spark
ignition engines smaller than 50 horsepower.
(d) Exception for California.--The prohibition in subsection (e)
does not apply to or restrict in any way the authority granted to
California under section 209(e) of the Clean Air Act (42 U.S.C.
7543(e)).
(e) Exception for Other States.--The prohibition in subsection (c)
does not apply to or restrict the authority of any State
[[Page 118 STAT. 419]]
under section 209(e)(2)(B) of the Clean Air Act (42 U.S.C.
7543(e)(2)(B)) to enforce standards or other requirements that were
adopted by that State before September 1, 2003.
TITLE V--PESTICIDE PRODUCTS AND FEES
Sec. 501. <<NOTE: Pesticide Registration Improvement Act of
2003.>> Pesticide registration.
(a) Short Title.--This <<NOTE: 7 USC 136 note.>> section may be
cited as the ``Pesticide Registration Improvement Act of 2003''.
(b) Registration Requirements for Antimicrobial Pesticides.--Section
3(h) of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a(h)) is amended--
(1) in paragraph (2)(F), by striking ``90 to 180 days'' and
inserting ``120 days''; and
(2) in paragraph (3)--
(A) in subparagraph (D)(vi), by striking ``240
days'' and inserting ``120 days''; and
(B) in subparagraph (F), by adding at the end the
following:
``(iv) Limitation.--Notwithstanding clause
(ii), the failure of the Administrator to notify
an applicant for an amendment to a registration
for an antimicrobial pesticide shall not be
judicially reviewable in a Federal or State court
if the amendment requires scientific review of
data within--
``(I) the time period specified in
subparagraph (D)(vi), in the absence of
a final regulation under subparagraph
(B); or
``(II) the time period specified in
paragraph (2)(F), if adopted in a final
regulation under subparagraph (B).''.
(c) Maintenance Fees.--
(1) Amounts for registrants.--Section 4(i)(5) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
1(i)(5)) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) Subject'' and inserting
the following:
``(A) In general.--Subject''; and
(ii) by striking ``of--'' and all that follows
through ``additional registration'' and inserting
``for each registration'';
(B) in subparagraph (D)--
(i) by striking ``(D) The'' and inserting the
following:
``(D) Maximum amount of fees for registrants.--
The'';
(ii) in clause (i), by striking ``shall be
$55,000; and'' and inserting ``shall be--
``(I) for fiscal year 2004, $84,000;
``(II) for each of fiscal years 2005 and 2006,
$87,000;
``(III) for fiscal year 2007, $68,000; and
``(IV) for fiscal year 2008, $55,000; and'';
and
(iii) in clause (ii), by striking ``shall be
$95,000.'' and inserting ``shall be--
``(I) for fiscal year 2004, $145,000;
[[Page 118 STAT. 420]]
``(II) for each of fiscal years 2005 and 2006,
$151,000;
``(III) for fiscal year 2007, $117,000; and
``(IV) for fiscal year 2008, $95,000.''; and
(C) in subparagraph (E)--
(i) by striking ``(E)(i) For'' and inserting
the following:
``(E) Maximum amount of fees for small businesses.--
``(i) In general.--For'';
(ii) by indenting the margins of subclauses
(I) and (II) of clause (i) appropriately; and
(iii) in clause (i)--
(I) subclause (I), by striking
``shall be $38,500; and'' and inserting
``shall be--
``(aa) for fiscal year 2004,
$59,000;
``(bb) for each of fiscal
years 2005 and 2006, $61,000;
``(cc) for fiscal year 2007,
$48,000; and
``(dd) for fiscal year 2008,
$38,500; and''; and
(II) in subclause (II), by striking
``shall be $66,500.'' and inserting
``shall be--
``(aa) for fiscal year 2004,
$102,000;
``(bb) for each of fiscal
years 2005 and 2006, $106,000;
``(cc) for fiscal year 2007,
$82,000; and
``(dd) for fiscal year 2008,
$66,500.''.
(2) Total amount of fees.--Section 4(i)(5)(C) of the Federal
Insecticide, Fungicide, and <<NOTE: 7 USC 136a-1.>> 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:
[[Page 118 STAT. 421]]
``(II) Affiliates.--
``(aa) In general.--In the
case of a business entity with 1
or more affiliates, the gross
revenue limit under subclause
(I)(bb) shall apply to the gross
revenue for the entity and all
of the affiliates of the entity,
including parents and
subsidiaries, if applicable.
``(bb) Affiliated persons.--
For the purpose of item (aa),
persons are affiliates of each
other if, directly or
indirectly, either person
controls or has the power to
control the other person, or a
third person controls or has the
power to control both persons.
``(cc) Indicia of control.--
For the purpose of item (aa),
indicia of control include
interlocking management or
ownership, identity of interests
among family members, shared
facilities and equipment, and
common use of employees.''.
(4) Extension of authority for collecting maintenance
fees.--Section 4(i)(5)(H) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is amended by
striking ``2003'' and inserting ``2008''.
(5) Reregistration and other activities.--Section 4(g)(2) of
the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.
136a-1(g)(2)) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Administrator shall make a
determination as to eligibility for reregistration--
``(i) for all active ingredients subject to
reregistration under this section for which
tolerances or exemptions from tolerances are
required under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.), not later
than the last date for tolerance reassessment
established under section 408(q)(1)(C) of that Act
(21 U.S.C. 346a(q)(1)(C)); and
``(ii) for all other active ingredients
subject to reregistration under this section, not
later than October 3, 2008.'';
(B) in subparagraph (B)--
(i) by striking ``(B) Before'' and inserting
the following:
``(B) Product-specific data.--
``(i) In general.--Before'';
(ii) by striking ``The Administrator'' and
inserting the following:
``(ii) Timing.--
``(I) In general.--Subject to
subclause (II), the Administrator''; and
(iii) by adding at the end the following:
``(II) Extraordinary
circumstances.--In the case of
extraordinary circumstances, the
Administrator may provide such a longer
period, of not more than 2 additional
years, for submission of data to the
Administrator under this
subparagraph.''; and
[[Page 118 STAT. 422]]
(C) in subparagraph (D)--
(i) by striking ``(D) If'' and inserting the
following:
``(D) Determination to not reregister.--
``(i) In general.--If''; and
(ii) by adding at the end the following:
``(ii) Timing for regulatory action.--
Regulatory action under clause (i) shall be
completed as expeditiously as possible.''.
(d) Other Fees.--
(1) In general.--Section 4(i)(6) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(6)) is
amended--
(A) by striking ``During'' and inserting ``Except as
provided in section 33, during''; and
(B) by striking ``2003'' and inserting ``2010''.
(2) Tolerance fees.--Notwithstanding <<NOTE: Effective
date. Termination date. 21 USC 346a note.>> section 408(m)(1) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(1)),
during the period beginning on October 1, 2003, and ending on
September 30, 2008, the Administrator of the Environmental
Protection Agency shall not collect any tolerance fees under
that section.
(e) Expedited Processing of Similar Applications.--Section 4(k)(3)
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a-1(k)(3)) is amended--
(1) in the paragraph heading, by striking ``Expedited'' and
inserting ``Review of inert ingredients; expedited''; and
(2) in subparagraph (A)--
(A) by striking ``1997'' and all that follows
through ``of the maintenance fees'' and inserting ``2004
through 2006, approximately $3,300,000, and for each of
fiscal years 2007 and 2008, between \1/8\ and \1/7\, of
the maintenance fees'';
(B) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II) and (III), respectively, and
indenting appropriately; and
(C) by striking ``resources to assure the expedited
processing and review of any application that'' and
inserting ``resources--
``(i) to review and evaluate new inert
ingredients; and
``(ii) to ensure the expedited processing and
review of any application
that--''.
(f) Pesticide Registration Service Fees.--The Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
(1) by redesignating sections 33 and 34 (7 U.S.C. 136x,
136y) as sections 34 and 35, respectively; and
(2) by inserting after section 32 (7 U.S.C. 136w-7) the
following:
``SEC. 33. <<NOTE: 7 USC 136w-8.>> 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--
[[Page 118 STAT. 423]]
``(A) officers and employees provide direct support
for the review and decisionmaking for covered pesticide
applications, associated tolerances, and corresponding
risk and benefits information and analyses;
``(B) persons and organizations under contract with
the Administrator engage in the review of the
applications, and corresponding risk and benefits
information and assessments; and
``(C) advisory committees and other accredited
persons or organizations, on the request of the
Administrator, engage in the peer review of risk or
benefits information associated with covered pesticide
applications;
``(2) costs of management of information, and the
acquisition, maintenance, and repair of computer and
telecommunication resources (including software), used to
support review of pesticide applications, associated tolerances,
and corresponding risk and benefits information and analyses;
and
``(3) costs of collecting registration service fees under
subsections (b) and (c) and reporting, auditing, and accounting
under this section.
``(b) Fees.--
``(1) In general.--Effective <<NOTE: Effective
date.>> beginning on the effective date of the Pesticide
Registration Improvement Act of 2003, the Administrator shall
assess and collect covered pesticide registration service fees
in accordance with this section.
``(2) Covered pesticide registration applications.--
``(A) In general.--An application for the
registration of a pesticide covered by this Act that is
received by the Administrator on or after the effective
date of the Pesticide Registration Improvement Act of
2003 shall be subject to a registration service fee
under this section.
``(B) Existing applications.--
``(i) In general.--Subject to clause (ii), an
application for the registration of a pesticide
that was submitted to the Administrator before the
effective date of the Pesticide Registration
Improvement Act of 2003 and is pending on that
effective date shall be subject to a service fee
under this section if the application is for the
registration of a new active ingredient that is
not listed in the Registration Division 2003 Work
Plan of the Office of Pesticide Programs of the
Environmental Protection Agency.
``(ii) Tolerance or exemption fees.--The
amount of any fee otherwise payable for an
application described in clause (i) under this
section shall be reduced by the amount of any fees
paid to support the related petition for a
pesticide tolerance or exemption under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.).
``(C) Documentation.--An application subject to a
registration service fee under this section shall be
submitted with documentation certifying--
``(i) payment of the registration service fee;
or
``(ii) a request for a waiver from or
reduction of the registration service fee.
``(3) Schedule of covered applications and registration
service fees.--
[[Page 118 STAT. 424]]
``(A) In general.--Not
later <<NOTE: Deadline. Federal Register,
publication.>> than 30 days after the effective date of
the Pesticide Registration Improvement Act of 2003, the
Administrator shall publish in the Federal Register a
schedule of covered pesticide registration applications
and corresponding registration service fees.
``(B) Report.--Subject to paragraph (6), the
schedule shall be the same as the applicable schedule
appearing in the Congressional Record on pages S11631
through S11633, dated September 17, 2003.
``(4) Pending pesticide registration applications.--
``(A) In general.--An applicant that submitted a
registration application to the Administrator before the
effective date of the Pesticide Registration Improvement
Act of 2003, but that is not required to pay a
registration service fee under paragraph (2)(B), may, on
a voluntary basis, pay a registration service fee in
accordance with paragraph (2)(B).
``(B) Voluntary fee.--The Administrator may not
compel payment of a registration service fee for an
application described in subparagraph (A).
``(C) Documentation.--An application for which a
voluntary registration service fee is paid under this
paragraph shall be submitted with documentation
certifying--
``(i) payment of the registration service fee;
or
``(ii) a request for a waiver from or
reduction of the registration service fee.
``(5) Resubmission of pesticide registration applications.--
If a pesticide registration application is submitted by a person
that paid the fee for the application under paragraph (2), is
determined by the Administrator to be complete, and is not
approved or is withdrawn (without a waiver or refund), the
submission of the same pesticide registration application by the
same person (or a licensee, assignee, or successor of the
person) shall not be subject to a fee under paragraph (2).
``(6) Fee adjustment.--Effective for a covered pesticide
registration application received on or after October 1, 2005,
the Administrator shall--
``(A) increase by 5 percent the service fee payable
for the application under paragraph (3); and
``(B) <<NOTE: Federal Register,
publication.>> publish in the Federal Register the
revised registration service fee schedule.
``(7) Waivers and reductions.--
``(A) In general.--An applicant for a covered
pesticide registration may request the Administrator to
waive or reduce the amount of a registration service fee
payable under this section under the circumstances
described in subparagraphs (D) through (G).
``(B) Documentation.--
``(i) In general.--A request for a waiver from
or reduction of the registration service fee shall
be accompanied by appropriate documentation
demonstrating the basis for the waiver or
reduction.
``(ii) Certification.--The applicant shall
provide to the Administrator a written
certification, signed by a responsible officer,
that the documentation submitted to support the
waiver or reduction request is accurate.
[[Page 118 STAT. 425]]
``(iii) Inaccurate documentation.--An
application shall be subject to the applicable
registration service fee payable under paragraph
(3) if, at any time, the Administrator determines
that--
``(I) the documentation supporting
the waiver or reduction request is not
accurate; or
``(II) based on the documentation or
any other information, the waiver or
reduction should not have been granted
or should not be granted.
``(C) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> notify the
applicant of the determination.
``(D) Minor uses.--
``(i) In general.--The Administrator may waive
or reduce a registration service fee for an
application for minor uses for a pesticide.
``(ii) Supporting documentation.--An applicant
requesting a waiver under this subparagraph shall
provide supporting documentation that
demonstrates, to the satisfaction of the
Administrator, that anticipated revenues from the
uses that are the subject of the application would
be insufficient to justify imposition of the full
application fee.
``(E) IR-4 waiver.--The Administrator shall waive
the registration service fee for an application if the
Administrator determines that--
``(i) the application is solely associated
with a tolerance petition submitted in connection
with the Inter-Regional Project Number 4 (IR-4) as
described in section 2 of Public Law 89-106 (7
U.S.C. 450i(e)); and
``(ii) the waiver is in the public interest.
``(F) Small businesses.--
``(i) In general.--The Administrator shall
waive 50 percent of the registration service fees
payable by an entity for a covered pesticide
registration application under this section if the
entity is a small business (as defined in section
4(i)(5)(E)(ii)) at the time of application.
``(ii) Waiver of fees.--The Administrator
shall waive all of the registration service fees
payable by an entity under this section if the
entity--
``(I) is a small business (as
defined in section 4(i)(5)(E)(ii)) at
the time of application; and
``(II) has average annual global
gross revenues described in section
4(i)(5)(E)(ii)(I)(bb) that does not
exceed $10,000,000, at the time of
application.
``(iii) Formation for waiver.--The
Administrator shall not grant a waiver under this
subparagraph if the Administrator determines that
the entity submitting the application has been
formed or manipulated primarily for the purpose of
qualifying for the waiver.
[[Page 118 STAT. 426]]
``(iv) Documentation.--An entity requesting a
waiver under this subparagraph shall provide to
the Administrator--
``(I) documentation demonstrating
that the entity is a small business (as
defined in section 4(i)(5)(E)(ii)) at
the time of application; and
``(II) if the entity is requesting a
waiver of all registration service fees
payable under this section,
documentation demonstrating that the
entity has an average annual global
gross revenues described in section
4(i)(5)(E)(ii)(I)(bb) that does not
exceed $10,000,000, at the time of
application.
``(G) Federal and state agency exemptions.--An
agency of the Federal Government or a State government
shall be exempt from covered registration service fees
under this section.
``(8) Refunds.--
``(A) Early withdrawals.--If, during the first 60
days after the beginning of the applicable decision time
review period under subsection (f)(3), a covered
pesticide registration application is withdrawn by the
applicant, the Administrator shall refund all but 10
percent of the total registration service fee payable
under paragraph (3) for the application.
``(B) Withdrawals after the first 60 days of
decision review time period.--
``(i) In general.--If a covered pesticide
registration application is withdrawn after the
first 60 days of the applicable decision time
review period, the Administrator shall determine
what portion, if any, of the total registration
service fee payable under paragraph (3) for the
application may be refunded based on the
proportion of the work completed at the time of
withdrawal.
``(ii) Timing.--The Administrator shall--
``(I) <<NOTE: Deadline.>> make the
determination described in clause (i)
not later than 90 days after the date
the application is withdrawn; and
``(II) provide any refund as soon as
practicable after the determination.
``(C) Discretionary refunds.--
``(i) In general.--In the case of a pesticide
registration application that has been filed with
the Administrator and has not been withdrawn by
the applicant, but for which the Administrator has
not yet made a final determination, the
Administrator may refund a portion of a covered
registration service fee if the Administrator
determines that the refund is justified.
``(ii) Basis.--The Administrator may provide a
refund for an application under this
subparagraph--
``(I) on the basis that, in
reviewing the application, the
Administrator has considered data
submitted in support of another
pesticide registration application; or
[[Page 118 STAT. 427]]
``(II) on the basis that the
Administrator completed portions of the
review of the application before the
effective date of this section.
``(D) Credited fees.--In determining whether to
grant a refund under this paragraph, the Administrator
shall take into account any portion of the registration
service fees credited under paragraph (2) or (4).
``(c) Pesticide Registration Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a Pesticide Registration Fund to be used in
carrying out this section (referred to in this section as the
`Fund'), consisting of--
``(A) such amounts as are deposited in the Fund
under paragraph (2);
``(B) any interest earned on investment of amounts
in the Fund under paragraph (4); and
``(C) any proceeds from the sale or redemption of
investments held in the Fund.
``(2) Deposits in fund.--Subject to paragraph (4), the
Administrator shall deposit fees collected under this section in
the Fund.
``(3) Expenditures from fund.--
``(A) In general.--Subject to subparagraphs (B) and
(C) and paragraph (4), the Administrator may make
expenditures from the Fund--
``(i) to cover the costs associated with the
review and decisionmaking pertaining to all
applications for which registration service fees
have been paid under this section; and
``(ii) to otherwise carry out this section.
``(B) Worker protection.--For each of fiscal years
2004 through 2008, the Administrator shall use
approximately \1/17\ of the amount in the Fund (but not
more than $1,000,000, and not less than $750,000, for
any fiscal year) to enhance current scientific and
regulatory activities related to worker protection.
``(C) New inert ingredients.--For each of fiscal
years 2004 and 2005, the Administrator shall use
approximately \1/34\ of the amount in the Fund (but not
to exceed $500,000 for any fiscal year) for the review
and evaluation of new inert ingredients.
``(4) Collections and appropriations acts.--The fees
authorized by this section and amounts deposited in the Fund--
``(A) shall be collected and made available for
obligation only to the extent provided in advance in
appropriations Acts; and
``(B) shall be available without fiscal year
limitation.
``(5) Unused funds.--Amounts in the Fund not currently
needed to carry out this section shall be--
``(A) maintained readily available or on deposit;
``(B) invested in obligations of the United States
or guaranteed by the United States; or
``(C) invested in obligations, participations, or
other instruments that are lawful investments for
fiduciary, trust, or public funds.
``(d) Assessment of Fees.--
[[Page 118 STAT. 428]]
``(1) Definition of covered functions.--In this subsection,
the term `covered functions' means functions of the Office of
Pesticide Programs of the Environmental Protection Agency, as
identified in key programs and projects of the final operating
plan for the Environmental Protection Agency submitted as part
of the budget process for fiscal year 2002, regardless of any
subsequent transfer of 1 or more of the functions to another
office or agency or the subsequent transfer of a new function to
the Office of Pesticide Programs.
``(2) Minimum amount of appropriations.--For fiscal years
2004, 2005, and 2006 only, registration service fees may not be
assessed for a fiscal year under this section unless the amount
of appropriations for salaries, contracts, and expenses for the
functions (as in existence in fiscal year 2002) of the Office of
Pesticide Programs of the Environmental Protection Agency for
the fiscal year (excluding the amount of any fees appropriated
for the fiscal year) are equal to or greater than the amount of
appropriations for covered functions for fiscal year 2002
(excluding the amount of any fees appropriated for the fiscal
year).
``(3) Use of fees.--Registration service fees authorized by
this section shall be available, in the aggregate, only to
defray increases in the costs associated with the review and
decisionmaking for the review of pesticide registration
applications and associated tolerances (including increases in
the number of full-time equivalent positions in the
Environmental Protection Agency engaged in those activities)
over the costs for fiscal year 2002, excluding costs paid from
fees appropriated for the fiscal year.
``(4) Compliance.--The requirements of paragraph (2) shall
have been considered to have been met for any fiscal year if the
amount of appropriations for salaries, contracts, and expenses
for the functions (as in existence in fiscal year 2002) of the
Office of Pesticide Programs of the Environmental Protection
Agency for the fiscal year (excluding the amount of any fees
appropriated for the fiscal year) is not more than 3 percent
below the amount of appropriations for covered functions for
fiscal year 2002 (excluding the amount of any fees appropriated
for the fiscal year).
``(5) Subsequent authority.--If the Administrator does not
assess registration service fees under subsection (b) during any
portion of a fiscal year as the result of paragraph (2) and is
subsequently permitted to assess the fees under subsection (b)
during the fiscal year, the Administrator shall assess and
collect the fees, without any modification in rate, at any time
during the fiscal year, notwithstanding any provisions of
subsection (b) relating to the date fees are to be paid.
``(e) Reforms to Reduce Decision Time Review Periods.--To the
maximum extent practicable consistent with the degrees of risk presented
by pesticides and the type of review appropriate to evaluate risks, the
Administrator shall identify and evaluate reforms to the pesticide
registration process under this Act with the goal of reducing decision
review periods in effect on the effective date of the Pesticide
Registration Improvement Act of 2003 for pesticide registration actions
for covered pesticide registration applications (including reduced risk
applications).
``(f) Decision Time Review Periods.--
[[Page 118 STAT. 429]]
``(1) In general.--Not <<NOTE: Deadline. Federal Register,
publication.>> later than 30 days after the effective date of
the Pesticide Registration Improvement Act of 2003, the
Administrator shall publish in the Federal Register a schedule
of decision review periods for covered pesticide registration
actions and corresponding registration service fees under this
Act.
``(2) Report.--The schedule shall be the same as the
applicable schedule appearing in the Congressional Record on
pages S11631 through S11633, dated September 17, 2003.
``(3) <<NOTE: Applicability.>> Applications subject to
decision time review periods.--The decision time review periods
specified in paragraph (1) shall apply to--
``(A) covered pesticide registration applications
subject to registration service fees under subsection
(b)(2);
``(B) covered pesticide registration applications
for which an applicant has voluntarily paid registration
service fees under subsection (b)(4); and
``(C) covered pesticide registration applications
listed in the Registration Division 2003 Work Plan of
the Office of Pesticide Programs of the Environmental
Protection Agency.
``(4) Start of decision time review period.--
``(A) In general.--Except as provided in
subparagraphs (C), (D), and (E), in the case of a
pesticide registration application accompanied by the
registration service fee required under this section,
the decision time review period begins 21 days after the
date on which the Administrator receives the covered
pesticide registration application.
``(B) Completeness of application.--In conducting an
initial screening of an application, the Administrator
shall determine--
``(i) whether--
``(I) the applicable registration
service fee has been paid; or
``(II) the application contains a
waiver or refund request; and
``(ii) whether the application--
``(I) contains all necessary forms,
data, draft labeling, and, documentation
certifying payment of any registration
service fee required under this section;
or
``(II) establishes a basis for any
requested waiver or reduction.
``(C) Applications with waiver or reduction
requests.--
``(i) In general.--In the case of an
application submitted with a request for a waiver
or reduction of registration service fees under
subsection (b)(7), the decision time review period
shall be determined in accordance with this
subparagraph.
``(ii) Request granted with no additional fees
required.--If the Administrator grants the waiver
or reduction request and no additional fee is
required, the decision time review period begins
on the earlier of--
[[Page 118 STAT. 430]]
``(I) the date on which the
Administrator grants the request; or
``(II) the date that is 60 days
after the date of receipt of the
application.
``(iii) Request granted with additional fees
required.--If the Administrator grants the waiver
or reduction request, in whole or in part, but an
additional registration service fee is required,
the decision time review period begins on the date
on which the Administrator receives certification
of payment of the applicable registration service
fee.
``(iv) Request denied.--If the Administrator
denies the waiver or reduction request, the
decision time review period begins on the date on
which the Administrator receives certification of
payment of the applicable registration service
fee.
``(D) Pending applications.--
``(i) In general.--The start of the decision
time review period for applications described in
clause (ii) shall be the date on which the
Administrator receives certification of payment of
the applicable registration service fee.
``(ii) Applications.--Clause (i) applies to--
``(I) covered pesticide registration
applications for which voluntary fees
have been paid under subsection (b)(4);
and
``(II) covered pesticide
registration applications received on or
after the effective date of the
Pesticide Registration Improvement Act
of 2003 but submitted without the
applicable registration service fee
required under this section due to the
inability of the Administrator to assess
fees under subsection (d)(1).
``(E) 2003 work plan.--In <<NOTE: Effective
date.>> the case of a covered pesticide registration
application listed in the Registration Division 2003
Work Plan of the Office of Pesticide Programs of the
Environmental Protection Agency, the decision time
review period begins on the date that is 30 days after
the effective date of the Pesticide Registration
Improvement Act of 2003.
``(5) Extension of decision time review period.--The
Administrator and the applicant may mutually agree in writing to
extend a decision time review period under this subsection.
``(g) Judicial Review.--
``(1) In general.--Any applicant adversely affected by the
failure of the Administrator to make a determination on the
application of the applicant for registration of a new active
ingredient or new use for which a registration service fee is
paid under this section may obtain judicial review of the
failure solely under this section.
``(2) Scope.--
``(A) In general.--In an action brought under this
subsection, the only issue on review is whether the
Administrator failed to make a determination on the
application specified in paragraph (1) by the end of the
applicable decision time review period required under
subsection (f) for the application.
[[Page 118 STAT. 431]]
``(B) Other actions.--No other action authorized or
required under this section shall be judicially
reviewable by a Federal or State court.
``(3) Timing.--
``(A) In general.--A person may not obtain judicial
review of the failure of the Administrator to make a
determination on the application specified in paragraph
(1) before the expiration of the 2-year period that
begins on the date on which the decision time review
period for the application ends.
``(B) Meeting with administrator.--To be eligible to
seek judicial review under this subsection, a person
seeking the review shall first request in writing, at
least 120 days before filing the complaint for judicial
review, a decision review meeting with the
Administrator.
``(4) Remedies.--The Administrator may not be required or
permitted to refund any portion of a registration service fee
paid in response to a complaint that the Administrator has
failed to make a determination on the covered pesticide
registration application specified in paragraph (1) by the end
of the applicable decision review period.
``(h) Accounting.--The Administrator shall--
``(1) provide an annual accounting of the registration
service fees paid to the Administrator and disbursed from the
Fund, by providing financial statements in accordance with--
``(A) the Chief Financial Officers Act of 1990
(Public Law 101-576; 104 Stat. 2838) and amendments made
by that Act; and
``(B) the Government Management Reform Act of 1994
(Public Law 103-356; 108 Stat. 3410) and amendments made
by that Act;
``(2) provide an accounting describing expenditures from the
Fund authorized under subsection (c); and
``(3) provide an annual accounting describing collections
and expenditures authorized under subsection (d).
``(i) Auditing.--
``(1) Financial statements of agencies.--For the purpose of
section 3515(c) of title 31, United States Code, the Fund shall
be considered a component of an executive agency.
``(2) Components.--The annual audit required under sections
3515(b) and 3521 of that title of the financial statements of
activities under this section shall include an analysis of--
``(A) the fees collected under subsection (b) and
disbursed;
``(B) compliance with subsection (f);
``(C) the amount appropriated to meet the
requirements of subsection (d)(1); and
``(D) the reasonableness of the allocation of the
overhead allocation of costs associated with the review
and decisionmaking pertaining to applications under this
section.
``(3) Inspector general.--The Inspector General of the
Environmental Protection Agency shall--
``(A) conduct the annual audit required under this
subsection; and
[[Page 118 STAT. 432]]
``(B) report the findings and recommendations of the
audit to the Administrator and to the appropriate
committees of Congress.
``(j) Personnel Levels.--All full-time equivalent positions
supported by fees authorized and collected under this section shall not
be counted against the agency-wide personnel level goals of the
Environmental Protection Agency.
``(k) Reports.--
``(1) In general.--Not <<NOTE: Deadlines.>> later than March
1, 2005, and each March 1 thereafter through March 1, 2009, the
Administrator shall publish an annual report describing actions
taken under this section.
``(2) Contents.--The report shall include--
``(A) a review of the progress made in carrying out
each requirement of subsections (e) and (f), including--
``(i) the number of applications reviewed,
including the decision times for each application
specified in subsection (f);
``(ii) the number of actions pending in each
category of actions described in subsection
(f)(3), as well as the number of inert
ingredients;
``(iii) to the extent determined appropriate
by the Administrator and consistent with the
authorities of the Administrator and limitations
on delegation of functions by the Administrator,
recommendations for--
``(I) expanding the use of self-
certification in all appropriate areas
of the registration process;
``(II) providing for accreditation
of outside reviewers and the use of
outside reviewers to conduct the review
of major portions of applications; and
``(III) reviewing the scope of use
of the notification process to cover
broader categories of registration
actions; and
``(iv) the use of performance-based contracts,
other contracts, and procurement to ensure that--
``(I) the goals of this Act for the
timely review of applications for
registration are met; and
``(II) the registration program is
administered in the most productive and
cost effective manner practicable;
``(B) a description of the staffing and resources
relating to the costs associated with the review and
decisionmaking pertaining to applications; and
``(C) a review of the progress in meeting the
timeline requirements of section 4(g).
``(3) Method.--The Administrator shall publish a report
required by this subsection by such method as the Administrator
determines to be the most effective for efficiently
disseminating the report, including publication of the report on
the Internet site of the Environmental Protection Agency.
``(l) Savings Clause.--Nothing in this section affects any other
duties, obligations, or authorities established by any other section of
this Act, including the right to judicial review of duties, obligations,
or authorities established by any other section of this Act.
``(m) Termination of Effectiveness.--
[[Page 118 STAT. 433]]
``(1) In general.--Except <<NOTE: Termination date.>> 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 <<NOTE: Termination date.>> September 30,
2010, the requirement to pay and collect registration
service fees terminates.
``(D) Decision review periods.--
``(i) Pending applications.--In the case of an
application received under this section before
September 30, 2008, the application shall be
reviewed in accordance with subsection (f).
``(ii) New applications.--In the case of an
application received under this section on or
after September 30, 2008, subsection (f) shall not
apply to the application.''.
(g) Conforming Amendments.--The table of contents in section 1(b) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
136) is amended--
(1) by striking the item relating to section 4(k)(3) and
inserting the following:
``(3) Review of inert ingredients; expedited processing of similar
applications.'';
and
(2) by striking the items relating to sections 30 and 31 and
inserting the following:
``Sec. 30. Minimum requirements for training of maintenance applicators
and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Pesticide registration service fees.
``(a) Definition of costs.
``(b) Fees.
``(1) In general.
``(2) Covered pesticide registration applications.
``(3) Schedule of covered applications and registration
service fees.
``(4) Pending pesticide registration applications.
``(5) Resubmission of pesticide registration applications.
``(6) Fee adjustment.
``(7) Waivers and reductions.
``(8) Refunds.
``(c) Pesticide Registration Fund.
``(1) Establishment.
``(2) Transfers to Fund.
``(3) Expenditures from Fund.
``(4) Collections and appropriations Acts.
``(5) Unused funds.
``(d) Assessment of fees.
``(1) Definition of covered functions.
[[Page 118 STAT. 434]]
``(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 <<NOTE: 7 USC 136a note.>> 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 <<NOTE: Miscellaneous Appropriations and
Offsets Act, 2004. (including rescissions of funds) (including transfers
of funds)>> APPROPRIATIONS AND OFFSETS
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2004, and for other purposes, namely: -
Sec. 101. Section 1241(a)(3) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(3)) is amended by striking ``, using'' and all that
follows through ``2013''.
Sec. 102. (a) Of the funds appropriated under the heading
``Emergency Preparedness and Response, Disaster Relief'' in chapter 2 of
title I of Public Law 108-106, $225,000,000 are rescinded.
(b) In addition to amounts appropriated in Public Law 108-108 for
``Forest Service, Wildland Fire Management'' for hazardous fuels
reduction, hazard mitigation, and rehabilitation activities of the
Forest Service in southern California, $25,000,000, to remain available
until expended.
(c) In addition to amounts appropriated in Public Law 108-108 for
``Forest Service, State and Private Forestry'' for hazard mitigation,
fuels reduction, and forest health protection and mitigation activities
on State and private lands in southern California, $25,000,000, to
remain available until expended.
[[Page 118 STAT. 435]]
(d) In addition to amounts made available elsewhere in this Act for
the ``Department of Agriculture, Emergency Watershed Protection
Program'' to carry out additional activities in response to the recent
wildfires in southern California, including the provision of technical
and financial assistance to respond to the tree mortality emergency in
Los Angeles, Riverside, San Diego and San Bernardino Counties,
California, $150,000,000, to remain available until expended.
(e) For an additional amount for the tree assistance program in
southern California under subtitle C of title X of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.), $12,500,000.
(f) For an additional amount for the emergency conservation program
in southern California under title IV of the Agricultural Credit Act of
1978 (16 U.S.C. 2201 et seq.), $12,000,000.
(g) For an additional amount for the livestock indemnity program in
southern California under the heading ``COMMODITY CREDIT CORPORATION
FUND'' in chapter 1 of title I of the 1999 Emergency Supplemental
Appropriations Act (Public Law 106-31; 113 Stat. 59), $500,000.
(h) The amounts provided or made available by this section are
designated by the Congress as an emergency requirement pursuant to
section 502 of H. Con. Res. 95 (108th Congress), the concurrent
resolution on the budget for fiscal year 2004.
Sec. 103. In addition to amounts otherwise made available in this
Act, for ``Office of Justice Programs--State and Local Law Enforcement
Assistance'' for discretionary grants under the Edward Byrne Memorial
State and Local Law Enforcement Assistance Programs for reimbursement to
State and local law enforcement entities for security and related costs,
including overtime, associated with the 2004 Presidential Candidate
Nominating Conventions, $50,000,000, to remain available until September
30, 2005.
Sec. <<NOTE: Establishment.>> 104. (a) Commission on the Abraham
Lincoln Study Abroad Fellowship Program.--There are appropriated, out of
any money in the Treasury not otherwise appropriated, $500,000 to
establish and fund a bipartisan Commission on the Abraham Lincoln Study
Abroad Fellowship Program (in this section referred to as the
``Commission'').
(b) Recommendations and Development of Program.--
(1) Recommendations.--The Commission shall recommend a
program to greatly expand the opportunity for students at
institutions of higher education in the United States to study
abroad, with special emphasis on studying in developing nations.
(2) Development of program.--The Secretary of State, the
Secretary of Education, the Secretary of Commerce, and the
Secretary of Defense, in consultation with the Commission, shall
develop a program, described in paragraph (1), that assists a
diverse group of students and meets the growing need of the
United States to become more sensitive to the cultures of other
countries.
(c) Composition.--
(1) In general.--The Commission shall consist of 17 members
to be appointed as follows:
(A) Three members shall be appointed by the Majority
Leader of the Senate.
[[Page 118 STAT. 436]]
(B) Three members shall be appointed by the Minority
Leader of the Senate.
(C) Three members shall be appointed by the Speaker
of the House of Representatives.
(D) Three members shall be appointed by the Minority
Leader of the House of Representatives.
(E) One member shall be appointed by the President
from a list of candidates submitted by the Secretary of
State.
(F) One member shall be appointed by the President
from a list of candidates submitted by the Secretary of
Defense.
(G) One member shall be appointed by the President
from a list of candidates submitted by the Secretary of
Education.
(H) One member shall be appointed by the President
from a list of candidates submitted by the Secretary of
Commerce.
(I) One member shall be appointed jointly by the
individuals described in subparagraphs (A) through (D),
and such member shall serve as Chair of the Commission.
(2) Types of individuals.--The Commission may consist of
members who are leaders in university exchange programs, leaders
in foreign policy, and business leaders with experience in
international trade.
(d) Executive Director and Staff.--
(1) Appointment of executive director.--The Chair of the
Commission may, without regard to the civil service laws and
regulations, appoint and terminate an executive director of the
Commission. The employment of an executive director shall be
subject to confirmation by the Commission. The Chair of the
Commission may fix the compensation of the executive director
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(2) Staff.--The executive director may appoint not more than
3 individuals to assist the executive director in carrying out
the duties of the executive director. The Chair of the
Commission may fix the compensation of the individuals appointed
by the executive director without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such
individuals may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(e) Compensation.--Members of the Commission shall not receive
compensation for the performance of services for the Commission, but
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the performance of
services for the Commission.
(f) Report.--Not <<NOTE: Deadline.>> later than December 1, 2004,
the Commission shall submit a report to the appropriate committee of
Congress
[[Page 118 STAT. 437]]
and the President on recommendations for a program to greatly expand the
opportunity for students at institutions of higher education in the
United States to study abroad.
(g) Termination.--The Commission shall terminate not later than
December 31, 2004.
Sec. 105. (a) None of the funds made available under this Act may be
obligated or expended to implement any measures to reduce overfishing
and promote rebuilding of fish stocks managed under the Management Plan
other than such measures set out in the final rule.
(b) In this section:
(1) The term ``final rule'' means the final rule of the
National Oceanic and Atmospheric Administration relating to the
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States;
Northeast (NE) Multispecies Fishery that was published on June
27, 2003 (68 Fed. Reg. 38234).
(2) The term ``Management Plan'' means the Northeast
Multispecies Fishery Management Plan prepared pursuant to
section 303 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853).
Sec. 106. In addition to amounts otherwise made available in this
Act, for ``Supreme Court of the United States, Care of the Building and
Grounds'', $16,000,000, to remain available until expended.
Sec. 107. For an additional amount under the heading ``State and
Local Law Enforcement Assistance, Office of Justice Programs'',
$2,250,000, of which $750,000 shall only be available for the University
of Southern Mississippi Rural Law Enforcement Training Initiative,
$750,000 shall only be available for the Mississippi University for
Women Institutional Security Program, and $750,000 shall only be
available for the City of Jackson, Mississippi, Public Safety Automated
Technologies Program.
Sec. 108. Upon enactment of this Act, the Secretary of Defense shall
make the following transfers of funds: Provided, That funds so
transferred shall be merged with and shall be available for the same
purpose and for the same time period as the appropriation to which
transferred: Provided further, That the amounts shall be transferred
between the following appropriations in the amounts specified:
From:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2007'':
CVN Refuelings, $29,000,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 2003/2007'':
Outfitting, post delivery, conversions, and
first destination transportation, $8,000,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 2004/2008'':
Outfitting, post delivery, conversions, and
first destination transportation, $11,800,000;
CVN Refuelings (AP), $16,600,000;
Under the heading, ``Research, Development, Test and
Evaluation, Navy, 2004/2005'', $9,200,000;
To:
[[Page 118 STAT. 438]]
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. <<NOTE: Effective date.>> Effective immediately after the
enactment of the National Defense Authorization Act for Fiscal Year
2004, section 724(d)(2) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended--
(1) in subparagraph (A)--
(A) by redesignating clauses (i) and (ii) as clauses
(ii) and (iii), respectively; and
(B) by inserting after ``who--'' the following new
clause (i):
``(i) do not have other primary health insurance coverage
(other than Medicare coverage) covering basic primary care and
inpatient and outpatient services;''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) <<NOTE: Effective date.>> For each fiscal year beginning after
September 30, 2003, the number of covered beneficiaries newly enrolled
by designated providers pursuant to clause (ii) of subparagraph (A)
during such fiscal year may not exceed 10 percent of the total number of
the covered beneficiaries who are newly enrolled under such subparagraph
during such fiscal year.''.
Sec. 110. Section 853 of the National Defense Authorization Act
for <<NOTE: 10 USC 2302 note.>> Fiscal Year 2004 is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Credit Toward Certain Small Business Contracting Goals.--
Department of Defense contracts entered into with eligible contractors
under the demonstration project under this section, and subcontracts
entered into with eligible contractors under such contracts, shall be
credited toward the attainment of goals established under section 2323
of title 10, United States Code, and section 15(g)(1) of the Small
Business Act (15 U.S.C. 644(g)(1)) regarding the extent of the
participation of disadvantaged small business concerns in contracts of
the Department of Defense and subcontracts under such contracts.''.
Sec. 111. Section 8022 of the Department of Defense Appropriations
Act, 2004, Public Law 108-87, shall not apply to a cost study of a
multi-function activity for which the Department of Defense had
solicited proposals as of the date of the enactment of that Act.
Sec. 112. Of the amounts made available to the Department of Defense
under the heading ``Defense Health Program'' for ``Procurement'',
$3,100,000 shall be made available to acquire Linear Accelerator
Radiation Therapy equipment and associated operating software for Walter
Reed Army Medical Center: Provided, That of the amounts available to the
Department of Defense under the heading ``Defense Health Program'' for
``Operation and Maintenance, In-House Care'', $2,900,000 shall be made
available for the Defense
[[Page 118 STAT. 439]]
and Veterans Head Injury Program: Provided further, That these funds are
in addition to funds provided in previous Acts.
Sec. 113. (a) <<NOTE: Reports. Deadlines.>> The Secretary of Defense
shall study issues related to the consolidation of the storage of
mercury contained in the National Defense Stockpile under the Strategic
and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) and
report to Congress on June 1, 2004, on the results of the study.
(b) A decision to consolidate the storage of mercury to a site that
currently does not store mercury contained in the National Defense
Stockpile under the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98 et seq.) shall occur no earlier than 180 days after the
date of the report required in subsection (a).
Sec. 114. Notwithstanding any other provision of law, the Secretary
of Defense may transfer up to $120,000,000 of funds available in the
Iraq Freedom Fund to carry out the classified project described in the
classified annex accompanying Public Law 107-206, and acquire such
interests in real property as he deems necessary to carry out such
project: Provided, That the Secretary may transfer such funds to other
appropriation accounts of the Department, and the amounts so transferred
shall be available for the same purposes and for the same time period as
the appropriations to which transferred: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense.
Sec. 115. Of the amounts provided in Public Laws 107-117, 107-248,
and 108-87 under the heading ``National Defense Sealift Fund'' for
construction of additional sealift capacity, $40,000,000 shall be made
available for the construction of a Port of Philadelphia marine cargo
terminal for high-speed military sealift and other military purposes.
Sec. 116. <<NOTE: Federal buildings and facilities.>> The Department
of Veterans Affairs medical center in St. Petersburg, Florida, shall,
after the end of the service of C. W. Bill Young as a Member of
Congress, be known and designated as the ``C. W. Bill Young Department
of Veterans Affairs Medical Center''. Any reference in any law,
regulation, map, document, record, or other paper of the United States
to such medical center shall be considered to be a reference to the ``C.
W. Bill Young Department of Veterans Affairs Medical Center''.
Sec. 117. <<NOTE: Alaska.>> Of the funds provided in Public Law 108-
7, under the heading of ``Department of Defense--Civil'', ``Department
of the Army'', ``Corps of Engineers--Civil'', ``Construction, General'',
the Secretary of the Army, acting through the Chief of Engineers, is
directed to proceed with the construction of the False Pass, Alaska,
project, in accordance with the Report of the Chief of Engineers, dated
December 29, 2000.
Sec. 118. The Secretary of the Army, acting through the Chief of
Engineers, is hereby authorized and directed to design the Central
Riverfront Park project on the Ohio Riverfront in Cincinnati, Ohio, as
described in the Central Riverfront Park Master Plan performed by the
City of Cincinnati, dated December 1999, and the section 905(b)
analysis, performed by the Louisville District of the Corps of
Engineers, dated August 2002. The cost of project work undertaken by the
non-Federal interests, including but not limited to prior and current
planning and design, shall be credited toward the non-Federal share of
design costs.
Sec. 119. The Secretary of the Army, acting through the Chief of
Engineers, is directed to use any remaining available funds
[[Page 118 STAT. 440]]
from funds appropriated in Public Law 101-101 for the Hamlet City Lake,
North Carolina, project to provide assistance in carrying out any
authorized water-related infrastructure projects in Richmond County,
North Carolina.
Sec. 120. The Secretary of the Army, acting through the Chief of
Engineers, is directed to snag and clear existing debris including trees
in Deep River, near Lake Station, Indiana, under section 208 of the
Flood Control Act of 1954, as amended.
Sec. 121. Section 117, subsection (4), of the Energy and Water
Development Appropriations Act, 2004, <<NOTE: 117 Stat. 1836.>> is
amended to read as follows:
``(4) in subsection (h), by striking `2001--' and all that
follows and inserting `2001--$100,000,000 for Rural Nevada, and
$25,000,000 for each of Idaho, Montana, New Mexico, and rural
Utah, to remain available until expended.'.''.
Sec. 122. The Secretary of the Army, acting through the Chief of
Engineers, is directed to use any remaining available funds from funds
appropriated and made available in Public Law 103-316 for construction
of the Savannah Harbor Deepening Project, Savannah, Georgia, for the
Savannah Harbor Expansion Project, Savannah, Georgia.
Sec. 123. The Secretary of the Army, acting through the Chief of
Engineers, is directed to proceed with the construction of the Columbia
River Channel Improvements, Oregon and Washington, project in accordance
with the Report of the Chief of Engineers, dated December 23, 1999, and
the economic justification and environmental features stated therein, as
amended by the Final Supplemental Environmental Impact Statement dated
January 28, 2003.
Sec. 124. The Secretary of the Army, acting through the Chief of
Engineers, is directed to use previously appropriated funds to proceed
with design and initiate construction to complete the Stillwater,
Minnesota, Levee and Flood Control project.
Sec. 125. Of the funds made available in the Energy and Water
Development Appropriations Act, 2004, to the Western Area Power
Administration, up to $166,100,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to the ``Construction, Rehabilitation,
Operation and Maintenance, Western Area Power Administration'' account
as offsetting collections.
Sec. 126. Of the funds provided for the development of the new
molecular imaging probes in the statement of managers to accompany H.R.
2754, $5,000,000 shall be provided to the University of California, Los
Angeles for the continued efforts for PET imaging, systems biology and
nanotechnology.
Sec. 127. <<NOTE: 50 USC 2601 note.>> Funds appropriated in this, or
any other Act hereafter, may not be obligated to pay, on behalf of the
United States or a contractor or subcontractor of the United States, to
post a bond or fulfill any other financial responsibility requirement
relating to closure or post-closure care and monitoring of Sandia
National Laboratories and properties held or managed by Sandia National
Laboratories prior to implementation of closure or post-closure
monitoring. The State of New Mexico or any other entity may not enforce
against the United States or a contractor or subcontractor of the United
States, in this year or any other fiscal year, a requirement to post
bond or any other financial responsibility
[[Page 118 STAT. 441]]
requirement relating to closure or post-closure care and monitoring of
Sandia National Laboratories in New Mexico and properties held or
managed by Sandia National Laboratories in New Mexico.
Sec. 128. Treatment of Certain Waste Materials. (a) In General.--
Notwithstanding any other provision of law, the Federal commission with
the authority to regulate the material designated as ``11e.(2) by-
product material'' by section 312 of the Energy and Water Development
Appropriations Act, 2004, or by section 634 of the Energy Policy Act of
2003, shall not allow or otherwise permit any facility to receive or
dispose of such material if the facility is located in a State that has
an application pending under section 274 of the Atomic Energy Act of
1954 (42 U.S.C. 2021) to regulate the 11e.(2) material covered under
this section.
(b) Sunset.--Subsection (a) ceases to be effective January 1, 2005.
Sec. 129. In the conference report accompanying H.R. 6, the Energy
Policy Act, in section 1512, subsection (b) strike ``University of
Mississippi and the University of Oklahoma'' and insert ``Mississippi
State University and Oklahoma State University''.
Sec. 130. Department of Energy, Energy Programs, Science. For an
additional amount for ``Science'', $50,000,000, to remain available
until expended, is provided for the Coralville, Iowa, project, which is
to utilize alternative renewable energy sources.
Sec. 131. For an additional amount for the ``Science'' account of
the Department of Energy in the Energy and Water Development
Appropriations Act, 2004, there is appropriated $250,000, to remain
available until expended, for Biological Sciences at DePaul University;
$500,000, to remain available until expended; for the Cedars-Sinai Gene
Therapy Research Program; and $500,000, to remain available until
expended, for the Hartford Hospital Interventional Electrophysiology
Project.
Sec. 132. For an additional amount for the ``Energy Supply'' account
of the Department of Energy in the Energy and Water Development
Appropriations Act, 2004, there is appropriated $750,000, to remain
available until expended, for the Energy Center of Wisconsin Renewable
Fuels Project; $500,000, to remain available until expended, for the
Wind Energy Transmission Study; $250,000, to remain available until
expended, for the White Pine County, Nevada, Public School System
biomass conversion heating project; $250,000, to remain available until
expended, for the Lead Animal Shelter Animal Campus renewable energy
demonstration project; $3,000,000, to remain available until expended,
for the establishment of a Hawaii Hydrogen Center for Development and
Deployment of Distributed Energy Systems; and $250,000, to remain
available until expended, for the Eastern Nevada Landscape Coalition for
biomass restoration and science-based restoration.
Sec. 133. For an additional amount for the ``Construction, General''
account of the Energy and Water Development Appropriations Act, 2004,
there is appropriated $13,750,000, to remain available until expended.
Sec. 134. For an additional amount for ``Millennium Challenge
Corporation'', $350,000,000, to remain available until expended.
Sec. 135. Section 203(m) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``December 31, 2003'' and inserting ``December 31, 2004''.
[[Page 118 STAT. 442]]
Sec. 136. (a) The National Flood Insurance Act of 1968 is amended--
(1) in section 1319 (42 U.S.C. 4026), by striking ``December
31, 2003'' and inserting ``June 30, 2004.'';
(2) in the first sentence of section 1309(a) (42 U.S.C.
4016(a)), by striking ``December 31, 2003'' and inserting ``the
date specified in section 1319'';
(3) in section 1336(a) (42 U.S.C. 4056(a)), by striking
``December 31, 2003'' and inserting ``on the date specified in
section 1319''; and
(4) in section 1376(c) (42 U.S.C. 4127(c)), by striking
``December 31, 2003'' and inserting ``the date specified in
section 1319''.
(b) <<NOTE: Effective date. 46 USC 4016 note. 46 USC 10601
note.>> The amendments made by this section shall be considered to have
taken effect on December 31, 2003.
Sec. 137. (a) Section 441(c) of the Maritime Transportation Security
Act of 2002 (Public Law 107-295) is amended--
(1) by striking ``and that is not the subject of an action
prior to June 20, 2002, alleging a breach of subsections (a) and
(b) of section 10601 as in effect on such date,''; and
(2) by striking ``such subsections'' and inserting
``subsections (a) and (b) of section 10601 of title 46, United
States Code, as in effect prior to November 25, 2002''.
(b) <<NOTE: Applicability. 42 USC 10601 note.>> The amendments made
by subsection (a) apply to all proceedings pending on or commenced after
the date of enactment of this Act.
Sec. 138. Public Law 108-108 is amended under the heading ``Bureau
of Indian Affairs, Construction'' <<NOTE: 16 USC 410jjj.>> by striking
``25 U.S.C. 2005(a)'' and inserting ``25 U.S.C. 2005(b)'' and by
striking ``25 U.S.C. 2505(f)'' and inserting ``25 U.S.C. 2504(f)''.
Sec. 139. Congaree National Park Boundary Revision. (a) In
General.--Subsection (c) of the first section of Public Law 94-545 (90
Stat. 2517; 102 Stat. 2607) is amended by striking paragraph (6) and
inserting the following:
``(6) Effect.--Nothing in this section--
``(A) affects the use of private land adjacent to
the park;
``(B) preempts the authority of the State with
respect to the regulation of hunting, fishing, boating,
and wildlife management on private land or water outside
the boundaries of the park;
``(C) shall negatively affect the economic
development of the areas surrounding the park; or
``(D) affects the classification of the park under
section 162 of the Clean Air Act (42 U.S.C. 7472).''.
(b) <<NOTE: 16 USC 1132 note.>> Designation of Congaree National
Park Wilderness.--
(1) Designation.--The wilderness established by section 2(a)
of the Congaree Swamp National Monument Expansion and Wilderness
Act (102 Stat. 2606) and known as the ``Congaree Swamp National
Monument Wilderness'' shall be known and designated as the
``Congaree National Park Wilderness''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
wilderness referred to in paragraph (1) shall be deemed to be a
reference to the ``Congaree National Park Wilderness''.
Sec. 140. Section 123 of the Department of the Interior and Related
Agencies <<NOTE: 117 Stat. 1268.>> Appropriations Act, 2004 (Public Law
108-108),
[[Page 118 STAT. 443]]
is amended by striking ``any other governmental land management entity''
and inserting ``any other land management entity''.
Sec. 141. <<NOTE: Effective date.>> Effective as of November 18,
2003, section 9 of Public Law 100-692 (102 Stat. 4556; 16 U.S.C. 461
note.) is amended to read as follows:
``SEC. 9. <<NOTE: 16 USC 461 note.>> TERMINATION OF COMMISSION.
``The Commission shall terminate on November 18, 2007.''.
Sec. 142. Title IV of Public Law 108-108 is amended in section
403(b)(4) <<NOTE: 117 Stat. 1319.>> by striking ``75-5-703(10)(b)'' and
inserting ``75-5-703(10)(c)''.
Sec. 143. Public Law 108-108 is amended under the heading ``Indian
Health Service, Indian Health Services'' <<NOTE: 117 Stat. 1294.>> by
striking ``(d) $2,000,000 for the Alaska Federation of Natives sobriety
and wellness program for competitive merit-based grants:'' and inserting
``(d) $2,000,000 for RuralCap for alcohol treatment and related
transitional housing for homeless chronic inebriates in Anchorage,
Alaska:''.
Sec. 144. Public Law 108-108 is hereby amended by adding at the end
of section 344 <<NOTE: 117 Stat. 1318.>> the following:
``(c) Exemptions.--The requirements of this section shall not apply
to amounts in this Act designated as emergency requirements pursuant to
section 502 of H. Con. Res. 95 (108th Congress), the concurrent
resolution on the budget for fiscal year 2004.
``(d) <<NOTE: Applicability. Reports.>> Indian Land and Water Claim
Settlements.--Under the heading `Bureau of Indian Affairs, Indian Land
and Water Claim Settlements and Miscellaneous Payments to Indians', the
across-the-board rescission in this section, and any subsequent across-
the-board rescission for fiscal year 2004, shall apply only to the first
dollar amount in the paragraph and the distribution of the rescission
shall be at the discretion of the Secretary of the Interior who shall
submit a report on such distribution and the rationale therefor to the
House and Senate Committees on Appropriations.''.
Sec. <<NOTE: Mississippi. 16 USC 668dd note.>> 145. Theodore
Roosevelt National Wildlife Refuge. (a) Definitions.--In this section:
(1) County.--The term ``county'' means each of the counties
of Leflore, Holmes, Humphreys, Sharkey, Warren, and Washington
in the State.
(2) Refuge.--The term ``Refuge'' means the Theodore
Roosevelt National Wildlife Refuge established under subsection
(b).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of
Mississippi.
(b) Establishment.--The Secretary shall establish the Theodore
Roosevelt National Wildlife Refuge, consisting of approximately 6,600
acres of land that--
(1) as of the date of enactment of this Act, is owned by the
United States;
(2) was formerly in the inventory of the United States
Department of Agriculture; and
(3) is located in the counties.
(c) Map.--As soon as practicable after the date of enactment of this
Act, the Secretary shall prepare a map depicting the boundaries of the
Refuge.
[[Page 118 STAT. 444]]
(d) Boundary Revision.--The Secretary may revise the boundaries of
the Refuge in the counties to--
(1) carry out the purposes of the Refuge; or
(2) facilitate the acquisition or donation of land.
(e) Acquisition of Land.--Notwithstanding any other provision of
law, the Secretary may, for management purposes, exchange Refuge land
for land acquired or donated for fee title that is located in the
counties.
(f) Education Center.--The Secretary of the Army, acting through the
Chief of Engineers, in consultation with the Secretary, shall design and
construct a multiagency wildlife and environmental interpretive and
education center at a location in the South Delta area of the State to
be determined by a site selection and feasibility study conducted by the
Secretary of the Army.
(g) Designation of Refuge Complexes.--
(1) Holt collier national wildlife refuge.--
(A) Designation.--The refuge in the State known as
the ``Bogue Phalia Unit of the Yazoo National Wildlife
Refuge'' shall be known as the ``Holt Collier National
Wildlife Refuge''.
(B) References.--Any reference in a law, map,
regulation, document, paper, or other record of the
United States to the refuge referred to in subparagraph
(A) shall be deemed to be a reference to the ``Holt
Collier National Wildlife Refuge''.
(2) Theodore roosevelt national wildlife refuge complex.--
(A) Designation.--The refuge complex in the State
known as the ``Central Mississippi National Wildlife
Refuge Complex'' shall be known as the ``Theodore
Roosevelt National Wildlife Refuge Complex''.
(B) References.--Any reference in a law, map,
regulation, document, paper, or other record of the
United States to the refuge complex referred to in
subparagraph (A) shall be deemed to be a reference to
the ``Theodore Roosevelt National Wildlife Refuge
Complex''.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as are necessary to carry out this section.
(2) Education center.--There are authorized to be
appropriated to carry out subsection (f) $6,000,000.
Sec. 146. For the purposes described in section 386 of the Energy
Policy Act of 2003 there is authorized to be appropriated $1,000,000,
except that upon that Act becoming law, section 386 is amended through
this Act:
(1) in subsection (a) by inserting before the term ``to
issue'' the phrase ``or with an entity the Secretary determines
is qualified to construct and operate a liquefied natural gas
project to transport liquefied natural gas from Southcentral
Alaska to West Coast States,'';
(2) at the end of paragraph 386(b)(1) by striking the period
and inserting ``, or after the Secretary certifies there exists
a qualified entity to construct and operate a liquefied natural
gas project to transport liquefied natural gas from Southcentral
Alaska to West Coast States. In no case shall loan guarantees be
issued for more than one qualified project.'';
[[Page 118 STAT. 445]]
(3) at the end of paragraph 386(c)(2) by striking the period
and inserting ``, except that the total amount of principal that
may be guaranteed for a qualified liquefied natural gas project
may not exceed a principal amount in which the cost of loan
guarantees, as defined by section 502(5) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a(5)), exceeds
$2,000,000,000.''; and
(4) at paragraph 386(g)(4):
(A) by inserting before the term ``consisting'' the
new term ``or system''; and
(B) by inserting between the term ``plants'' and the
``)'' the phrase ``liquification plants and liquefied
natural gas tankers for transportation of liquefied
natural gas from Southcentral Alaska to the West
Coast''.
Sec. 147. Payment of Expenses After the Death of Certain Federal
Employees in the State of Alaska. Section 1308 of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3198) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Payment of Expenses After Death of an Employee.--
``(1) Definition of immediate family member.--In this
subsection, the term ``immediate family member'' means a person
related to a deceased employee that was a member of the
household of the deceased employee at the time of death.
``(2) Payments.--If an employee appointed under the program
established by subsection (a) dies in the performance of any
assigned duties on or after October 1, 2002, the Secretary may--
``(A) pay or reimburse reasonable expenses,
regardless of when those expenses are incurred, for the
preparation and transportation of the remains of the
deceased employee to a location in the State of Alaska
which is selected by the surviving head of household of
the deceased employee;
``(B) pay or reimburse reasonable expenses,
regardless of when those expenses are incurred, for
transporting immediate family members and the baggage
and household goods of the deceased employee and
immediate family members to a community in the State of
Alaska which is selected by the surviving head of
household of the deceased employee.''.
Sec. 148. United States Office for Native Hawaiian Relations. (a)
Establishment.--The sum of $100,000 is appropriated, to remain available
until expended, for the establishment of the Office of Native Hawaiian
Relations within the Office of the Secretary of the Interior.
(b) Duties.--The Office shall--
(1) effectuate and implement the special legal relationship
between the Native Hawaiian people and the United States;
(2) continue the process of reconciliation with the Native
Hawaiian people; and
(3) fully integrate the principle and practice of
meaningful, regular, and appropriate consultation with the
Native Hawaiian people by assuring timely notification of and
prior consultation with the Native Hawaiian people before any
Federal agency
[[Page 118 STAT. 446]]
takes any actions that may have the potential to significantly
affect Native Hawaiian resources, rights, or lands.
Sec. 149. Lease of Tribally-owned Land by Assiniboine and Sioux
Tribes of the Fort Peck Reservation. The first section of the Act of
August 9, 1955 (25 U.S.C. 415), is amended by adding at the end the
following:
``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux Tribes
of the Fort Peck Reservation.--
``(1) In general.--Notwithstanding subsection (a) and any
regulations under part 162 of title 25, Code of Federal
Regulations (or any successor regulation), subject to paragraph
(2), the Assiniboine and Sioux Tribes of the Fort Peck
Reservation may lease to the Northern Border Pipeline Company
tribally-owned land on the Fort Peck Indian Reservation for 1 or
more interstate gas pipelines.
``(2) Conditions.--A lease entered into under paragraph
(1)--
``(A) shall commence during fiscal year 2011 for an
initial term of 25 years;
``(B) may be renewed for an additional term of 25
years; and
``(C) shall specify in the terms of the lease an
annual rental rate--
``(i) which rate shall be increased by 3
percent per year on a cumulative basis for each 5-
year period; and
``(ii) the adjustment of which in accordance
with clause (i) shall be considered to satisfy any
review requirement under part 162 of title 25,
Code of Federal Regulations (or any successor
regulation).''.
Sec. 150. (a) Short Title. This <<NOTE: Fern Lake Conservation and
Recreation Act. Kentucky. Tennessee. 16 USC 268a.>> Act may be cited as
the ``Fern Lake Conservation and Recreation Act''.
(b) Findings and Purposes.--
(1) Findings.--The Congress finds the following:
(A) Fern Lake and its surrounding watershed in Bell
County, Kentucky, and Claiborne County, Tennessee, is
within the potential boundaries of Cumberland Gap
National Historical Park as originally authorized by the
Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et
seq.).
(B) The acquisition of Fern Lake and its surrounding
watershed and its inclusion in Cumberland Gap National
Historical Park would protect the vista from Pinnacle
Overlook, which is one of the park's most valuable
scenic resources and most popular attractions, and
enhance recreational opportunities at the park.
(C) Fern Lake is the water supply source for the
city of Middlesboro, Kentucky, and environs.
(D) The 4,500-acre Fern Lake watershed is privately
owned, and the 150-acre lake and part of the watershed
are currently for sale, but the Secretary of the
Interior is precluded by the first section of the Act of
June 11, 1940 (16 U.S.C. 261), from using appropriated
funds to acquire the lands.
(2) Purposes.--The purposes of the Act are--
(A) to authorize the Secretary of the Interior to
use appropriated funds if necessary, in addition to
other
[[Page 118 STAT. 447]]
acquisition methods, to acquire from willing sellers
Fern Lake and its surrounding watershed, in order to
protect scenic and natural resources and enhance
recreational opportunities at Cumberland Gap National
Historical Park; and
(B) to allow the continued supply of water from Fern
Lake to the city of Middlesboro, Kentucky, and environs.
(c) Land Acquisition and Conveyance Authority, Fern Lake, Cumberland
Gap National Historical Park.--
(1) Definitions.--In this section:
(A) Fern lake.--The term ``Fern Lake'' means Fern
Lake located in Bell County, Kentucky, and Claiborne
County, Tennessee.
(B) Land.--The term ``land'' means land, water,
interests in land, and any improvements on the land.
(C) Park.--The term ``park'' means Cumberland Gap
National Historical Park, as authorized and established
by the Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261
et seq.).
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Interior, acting through the Director
of the National Park Service.
(2) Acquisition authorized.--The Secretary may acquire for
addition to the park lands consisting of approximately 4,500
acres and containing Fern Lake and its surrounding watershed, as
generally depicted on the map entitled ``Cumberland Gap National
Historical Park, Fern Lake Watershed'', numbered 380/80,004, and
dated May 2001. The map shall be on file in the appropriate
offices of the National Park Service.
(3) Boundary adjustment and administration.--Subject to
paragraph (4), the Secretary shall revise the boundaries of the
park to include the land acquired under paragraph (2). The
Secretary shall administer the acquired lands as part of the
park in accordance with the laws and regulations applicable to
the park.
(4) Conveyance of fern lake.--
(A) Conveyance required.--If the Secretary acquires
Fern Lake, the Secretary shall convey, notwithstanding
any other law and without consideration, to the city of
Middlesboro, Kentucky, all right, title, and interest of
the United States in and to Fern Lake, up to the normal
operating elevation of 1,200.4 feet above sea level,
along with the dam and all appurtenances associated with
the withdrawal and delivery of water from Fern Lake.
(B) Terms of conveyance.--In executing the
conveyance under subparagraph (4)(A), the Secretary may
retain an easement for scenic and recreational purposes.
(C) Reversionary interest.--In the event Fern Lake
is no longer used as a source of municipal water supply
for the city of Middlesboro, Kentucky, and its environs,
ownership of Fern Lake shall revert to the United States
and it shall be managed by the Secretary as part of the
park.
(5) Consultation requirements.--In order to better manage
lands acquired under this section in a manner that will
facilitate the provision of water for municipal needs, as well
[[Page 118 STAT. 448]]
as the establishment and promotion of new recreational
opportunities at the park, the Secretary shall consult with--
(A) appropriate officials in the States of Kentucky,
Tennessee, and Virginia, and political subdivisions of
these States;
(B) organizations involved in promoting tourism in
these States; and
(C) other interested parties.
Sec. 151. (a) <<NOTE: Congress. 2 USC 121g.>> The Attending
Physician to Congress shall have the authority and responsibility for
overseeing and coordinating the use of medical assets in response to a
bioterrorism event and other medical contingencies or public health
emergencies occurring within the Capitol Buildings or the United States
Capitol Grounds. This shall include the authority to enact quarantine
and to declare death. These actions will be carried out in close
cooperation and communication with the Commissioner of Public Health,
Chief Medical Examiner, and other Public Health Officials of the
District of Columbia government.
(b) In this section--
(1) the term ``Capitol Buildings'' has the meaning given
such term in section 5101 of title 40, United States Code; and
(2) the term ``United States Capitol Grounds'' has the
meaning given such term in section 5102(a) of title 40, United
States Code.
(c) <<NOTE: Effective date. Applicability.>> Subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
during any fiscal year occurring on or after such date.
Sec. 152. (a) <<NOTE: 2 USC 1820 note.>> Notwithstanding section
907(a) of Public Law 107-206 (116 Stat. 977) or section 1102 of the
Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1822(b)), the
Architect of the Capitol, at any time after the date of the enactment of
this Act and subject to the availability of appropriations, may enter
into an agreement to acquire by lease any portion of the real property
located at 499 South Capitol Street Southwest in the District of
Columbia for the use of the United States Capitol Police.
(b) Any real property acquired by the Architect of the Capitol
pursuant to subsection (a) shall be subject to the provisions of the Act
entitled ``An Act to define the area of the United States Capitol
Grounds, to regulate the use thereof, and for other purposes'', approved
July 31, 1946.
Sec. <<NOTE: 22 USC 276n.>> 153. The United States Senate-China
Interparliamentary Group. (a) Establishment and Meetings.--Not to exceed
12 Senators shall be appointed to meet annually with representatives of
the National People's Congress of the People's Republic of China for
discussion of common problems in the interest of relations between the
United States and China. The Senators so appointed shall be referred to
as the ``United States group'' of the United States Senate-China
Interparliamentary Group.
(b) Appointment of Members.--The President pro tempore of the Senate
shall appoint Senators under this section upon the recommendations of
the majority and minority leaders of the Senate. The President pro
tempore of the Senate shall designate 1 Senator as the Chair of the
United States group.
(c) Funding.--There is authorized to be appropriated $100,000 for
each fiscal year to assist in meeting the expenses of the United States
group for each fiscal year for which an appropriation is
[[Page 118 STAT. 449]]
made. Appropriations shall be disbursed on vouchers to be approved by
the Chair of the United States group.
(d) Certification of Expenditures.--The certificate of the Chair of
the United States group shall be final and conclusive upon the
accounting officers in the auditing of the accounts of the United States
group.
(e) Fiscal Year 2004 Funding.--There is authorized within the
contingent fund of the Senate under the appropriation account
``miscellaneous items'' $75,000 for fiscal year 2004 to assist in
meeting the official expenses of the United States Senate-China
Interparliamentary Group including conference room expenses, hospitality
expenses, and food and food-related expenses. Expenses shall be paid on
vouchers to be approved by the Chair of the United States group. The
Secretary of the Senate is authorized to advance such sums as necessary
to carry out this subsection.
(f) Appropriations.--There are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2004, $100,000 for the United States Senate-China
Interparliamentary Group.
(g) Effective <<NOTE: Applicability.>> Date.--
(1) In general.--Subsections (a) though (d) shall apply to
fiscal year 2004, and each fiscal year thereafter.
(2) Fiscal year 2004.--Subsections (e) and (f) shall apply
to fiscal year 2004.
Sec. <<NOTE: 22 USC 276o.>> 154. The United States Senate-Russia
Interparliamentary Group. (a) Establishment and Meetings.--Not to exceed
12 Senators shall be appointed to meet annually with representatives of
the Federation Council of Russia for discussion of common problems in
the interest of relations between the United States and Russia. The
Senators so appointed shall be referred to as the ``United States
group'' of the United States Senate-Russia Interparliamentary Group.
(b) Appointment of Members.--The majority and minority leaders of
the Senate shall appoint the Senators of the United States group. The
majority leader of the Senate shall designate 1 Senator as the Chair of
the United States group.
(c) Funding.--There is authorized to be appropriated $100,000 for
each fiscal year to assist in meeting the expenses of the United States
group for each fiscal year for which an appropriation is made.
Appropriations shall be disbursed on vouchers to be approved by the
Chair of the United States group.
(d) Certification of Expenditures.--The certificate of the Chair of
the United States group shall be final and conclusive upon the
accounting officers in the auditing of the accounts of the United States
group.
(e) Fiscal Year 2004 Funding.--There is authorized within the
contingent fund of the Senate under the appropriation account
``miscellaneous items'' $75,000 for fiscal year 2004 to assist in
meeting the official expenses of the United States Senate-Russia
Interparliamentary Group including conference room expenses, hospitality
expenses, and food and food-related expenses. Expenses shall be paid on
vouchers to be approved by the Chair of the United States group. The
Secretary of the Senate is authorized to advance such sums as necessary
to carry out this subsection.
(f) Appropriations.--There are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
[[Page 118 STAT. 450]]
ending September 30, 2004, $100,000 for the United States Senate-Russia
Interparliamentary Group.
(g) <<NOTE: Applicability.>> Effective Date.--
(1) In general.--Subsections (a) though (d) shall apply to
fiscal year 2004, and each fiscal year thereafter.
(2) Fiscal year 2004.--Subsections (e) and (f) shall apply
to fiscal year 2004.
Sec. <<NOTE: 2 USC 61d-4.>> 155. Payment of Expenses of the Chaplain
of the Senate From the Contingent Fund of the Senate. (a) In General.--
For each fiscal year there is authorized to be expended from the
contingent fund of the Senate an amount, not in excess of $50,000 for
the Chaplain of the Senate. Payments under this section shall be made
only for expenses actually incurred by the Chaplain of the Senate in
carrying out his functions, and shall be made upon certification and
documentation of the expenses involved, by the Chaplain claiming payment
under this section and upon vouchers approved by the Chaplain and by the
Committee on Rules and Administration. Funds authorized for expenditure
under this section may be used to purchase food or food related items.
(b) Repeal of Revolving Fund.--
(1) Repeal.--Section 2 of the Legislative Branch
Appropriations Act, 1996 (2 U.S.C. 61d-3) is repealed.
(2) Remaining funds.--Any funds in the Chaplain Expense
Revolving Fund on the date of the repeal under this section
shall be remitted to the general fund of the United States
Treasury.
(c) Effective Date.--This <<NOTE: Applicability.>> section shall
apply with respect to fiscal year 2004, and each fiscal year thereafter.
Sec. 156. (a) <<NOTE: 2 USC 95e.>> There is established in the House
of Representatives a fund to be known as the ``House of Representatives
Revolving Fund'', consisting of the following amounts:
(1) Amounts appropriated to the Fund.
(2) Amounts donated to the Fund.
(3) Interest on the balance of the Fund.
(b) Amounts in the Fund shall be expended at the direction of the
Chief Administrative Officer of the House of Representatives, upon
notification provided by the Chief Administrative Officer to the
Committee on Appropriations of the House of Representatives, and shall
remain available until expended.
(c) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2004 and each succeeding fiscal year.
Sec. 157. Recomputation of Benefits Guaranteed in Connection With
the Termination of the Republic Steel Retirement Plan. (a) In General.--
The Pension Benefit Guaranty Corporation shall recompute the liability
for monthly benefits guaranteed under section 4022 of the Employee
Retirement Income Security Act of 1974 which are payable (without regard
to this section) with respect to each participant and beneficiary under
the Republic Steel Retirement Plan in connection with its termination on
September 30, 1986.
(b) Adjustment of Guaranteed Benefit Amounts.--In recomputing the
liability for monthly guaranteed benefits pursuant to subsection (a)
with respect to each participant or beneficiary, the Corporation shall
increase the amount of such liability (as determined without regard to
this section) by--
[[Page 118 STAT. 451]]
(1) the amount of the liability for nonguaranteed benefits
under the LTV Steel Supplemental Pension Plan, as in effect with
respect to such participant or beneficiary on January 1, 2001,
and
(2) the amount of the liability for nonguaranteed benefits
payable through the trust established in connection with the
Republic Steel Plan under section 4049 of the Employee
Retirement Income Security Act of 1974, as in effect with
respect to such participant or beneficiary on January 1, 2001.
(c) Certain Benefits Disregarded.--In making the recalculation under
this section, the Corporation shall disregard--
(1) the amount of any benefits which were not paid during
the period beginning with January 1, 2001, and ending with
December 31, 2003, under the LTV Steel Supplemental Pension Plan
or through the section 4049 trust referred to in subsection
(b)(2),
(2) any liability for benefits under the LTV Steel
Supplemental Pension Plan or through the section 4049 trust
referred to in subsection (b)(2) that were included in the LTV
Steel Salaried Defined Benefit Retirement Plan, as in effect on
January 1, 1999,
(3) any liability for additional benefits that were included
in the LTV Steel Supplemental Pension Plan to compensate for any
liability of participants and beneficiaries under chapter 21 of
the Internal Revenue Code of 1986 in connection with benefits
payable under such Plan, and
(4) any liability under the LTV Steel Supplemental Pension
Plan for temporary supplements.
(d) Timing and Application of Determinations.--Determinations of the
increase in liability pursuant to subsection (b) shall be made as of
December 31, 2003, using the mortality and interest assumptions
otherwise applicable to plan terminations under title IV of the Employee
Retirement Income Security Act of 1974 on such
date. <<NOTE: Applicability.>> The recomputation under this section
shall apply only with respect to benefits payable after such date.
Sec. 158. In addition to amounts appropriated or otherwise made
available in other Acts, $9,692,000 is hereby appropriated to the
Department of Defense Family Housing Improvement Fund, to remain
available until expended, for family housing initiatives undertaken
pursuant to the provisions of subchapter IV of chapter 169, title 10,
United States Code: Provided, That such funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of such subchapter:
Provided further, That of the funds available in the ``Foreign Currency
Fluctuations, Construction, Defense'' account, $9,692,000 are rescinded.
Sec. 159. For an additional amount to carry out section 257 of the
Help America Vote Act of 2002, $1,000,000,000, to remain available until
expended: Provided, That no more than \1/10\ of 1 percent of funds
available for requirements payments under section 257 of the Help
America Vote Act of 2002 shall be allocated to any territory.
Sec. 160. (a) Designation.--The <<NOTE: Federal buildings and
facilities.>> United States courthouse located at 333 Lomas Blvd. N.W.
in Albuquerque, New Mexico, shall be known and designated as the ``Pete
V. Domenici United States Courthouse''.
[[Page 118 STAT. 452]]
(b) References.--Any reference in law, map, regulation, document,
paper, or other record of the United States to the United States
courthouse referred to in subsection (a) shall be deemed to be a
reference to the ``Pete V. Domenici United States Courthouse''.
Sec. 161. <<NOTE: 25 USC 450 note.>> The Director of the Office of
Management and Budget shall hereafter consult with Alaska Native
corporations on the same basis as Indian tribes under Executive Order
No. 13175.
Sec. 162. Notwithstanding any other provision of law, in addition to
amounts provided in this or any other Act for fiscal year 2004,
$50,000,000, to be derived from the Highway Trust Fund and to remain
available until expended, of which $44,000,000 shall be for
reconstruction of the Treasure Island Bridge in Treasure Island, Florida
and of which $6,000,000 shall be for necessary road improvements and
design of a plaza at the John F. Kennedy Center for the Performing Arts
in Washington, D.C.
Sec. 163. Section 802(b)(1) of the Japanese Imperial Government
Disclosure Act of <<NOTE: 5 USC 552 note.>> 2000 (Public Law 106-567;
114 Stat. 2865) is amended by striking ``3 years'' and inserting ``4
years''.
Sec. 164. <<NOTE: Alaska. Grants.>> The funds made available for
Alaska Natives under the heading ``Native American Housing Block
Grants'' in title II of division G of this Act shall be allocated to the
same Native Alaskan Indian housing block grant recipients that received
the funds in fiscal year 2003.
Sec. 165. In addition to the amounts otherwise provided in this or
any other Act for fiscal year 2004, for ``Department of Housing and
Urban Development, Community Development Fund'', $10,000,000 to remain
available until expended for a grant to the Anchorage Museum in
Anchorage, Alaska for facilities construction.
Sec. 166. The Secretary of a military department may use the
authority provided in section 2667(a) of title 10, United States Code,
to lease military family housing in the National Capital Region (as
defined in section 2674 of such title) to key and essential personnel
for continuity of government purposes.
Sec. 167. Notwithstanding any other provision of law, in addition to
amounts otherwise provided in this or any other Act for fiscal year
2004, $55,000,000 is appropriated, to be available until expended, to be
distributed as follows: for Department of Energy, Energy Programs,
``Energy Supply'', $12,400,000 for expenses related to the purchase,
construction, operation of facilities, and acquisition of plant and
capital equipment for facilities that produce fuels from agricultural
and animal wastes, to the Society for Energy and Environmental Research,
a not-for-profit energy research and development institution, to
administer the program; for Department of Transportation, Federal
Aviation Administration, ``Grants-in-aid for airports'', $2,000,000 for
the extension of a runway at Fort Worth Alliance Airport, Fort Worth,
Texas; for Department of Transportation, Federal Highway Administration,
$1,000,000, for Rock County Road, Janesville, Wisconsin; for Department
of Transportation, Federal Highway Administration, $2,500,000, for
improvements to I-75 in Lee County, Florida; for Department of Veterans
Affairs, Departmental Administration, ``Construction; major projects'',
$500,000 for the preliminary planning of a new ambulatory clinic at the
Defense Supply Center, Columbus in Columbus, Ohio; for ``Small Business
Administration, Salaries and Expenses'', $500,000, to be available for a
grant to the University of Wisconsin-Green Bay to establish a paper
science technology
[[Page 118 STAT. 453]]
transfer center; for ``Funds Appropriated to the President, Bilateral
Economic Assistance, Independent States of the Former Soviet Union'',
$1,000,000, for the National Program of Action for the Protection of the
Arctic Marine Environment; for ``Army Corps of Engineers, Construction,
General'', $1,000,000 for the Stockton Metropolitan Flood Control
Reimbursement, California, project; for ``Army Corps of Engineers,
Construction, General'', $1,000,000 for the San Timoteo Creek element of
the Santa Ana River Mainstem, California, project; for ``Army Corps of
Engineers, Construction, General'', $2,000,000; for the Florida Keys
Water Quality Improvements, Florida, project; for ``Army Corps of
Engineers, Construction, General'', $1,500,000, for the Southern West
Virginia Environmental Infrastructure, West Virginia, project; for
``Department of Energy, Science'', $2,000,000 for the Western Michigan
University Nanotechnology Research and Computation Center; for
Department of Energy, Energy Programs, ``Energy Supply'', $2,500,000 for
the Enterprise Center in Chattanooga, Tennessee, for the Chattanooga
Fuel Cell Demonstration Project; for ``Environmental Protection Agency,
State and tribal assistance grants'', for grants to address drinking
water and waste water infrastructure, $2,000,000 for the Wyoming Valley
Sanitation Authority, Pennsylvania, for combined sewer overflow
infrastructure improvements; for ``Environmental Protection Agency,
State and tribal assistance grants'', for grants to address drinking
water and waste water infrastructure, $1,000,000 to the Saratoga Water
Committee in Saratoga County, New York, for construction of a drinking
water transport pipeline; for ``Centers for Disease Control and
Prevention, Disease Control, Research, and Training'', $1,000,000, for a
grant to the Center for Emerging Biological Threats at Emory University,
Atlanta, Georgia; for ``Department of Education, Higher Education'',
$500,000, for a grant to Santa Clara University in Santa Clara,
California, for technology infrastructure upgrades, campus-wide network
infrastructure enhancements and equipment; for ``Department of Housing
and Urban Development, Community Development Fund'', $600,000, for a
grant to Shelter from the Storm, Incorporated in Palm Desert,
California, for facilities renovations and improvements; for Department
of Labor, Employment and Training Administration, $500,000, for the
Labor Institute for Training, Inc., Indianapolis, Indiana; Department of
Labor, Employment and Training Administration, $250,000, for the
Institute for Labor Studies and Research, Cranston, Rhode Island, for
Learning on the Roll; for Department of Health and Human Services,
Health Resources and Services Administration, $200,000, for St. Luke's
Episcopal Hospital, Houston, Texas, facilities and equipment; for
Department of Health and Human Services, Centers for Disease Control and
Prevention, $200,000, for the University of Texas M.D. Anderson Cancer
Center, Houston, Texas, for a comprehensive cancer control program to
address the needs of minority and medically underserved populations; for
Department of Health and Human Services, Health Resources and Services
Administration, $300,000, for the Long Island Cancer Center, State
University of New York at Stony Brook, for facilities and equipment; for
Department of Health and Human Services, Health Resources and Services
Administration, $500,000 for the Iowa Health Foundation in Des Moines,
Iowa, for a demonstration project to improve dental care in underserved
rural areas; for Department of Health and Human Services, Health
Resources and Services Administration,
[[Page 118 STAT. 454]]
$500,000, for the Cumberland Medical Center in Crossville, Tennessee,
for facilities and equipment; for Department of Health and Human
Services, Centers for Disease Control and Prevention, $250,000 for the
New Haven Public Schools in New Haven, Connecticut, for the PE4LIFE
program to promote and improve physical education, in cooperation with
Yale University; for Department of Health and Human Services, Health
Resources and Services Administration, $250,000, for Quinnipiac
University in Hamden, Connecticut, for health-related academic
facilities and equipment; for Department of Health and Human Services,
Health Resources and Services Administration, $365,000, for the
University of Michigan Health Systems in Ann Arbor, Michigan, for
facilities and equipment; for Department of Health and Human Services,
Administration on Aging, $500,000, for the Jewish Family & Children's
Center of Greater Boston for Naturally Occurring Retirement Communities
project; for Department of Health and Human Services, Centers for
Disease Control and Prevention, $100,000, for the Marion County Health
Department in Salem, Oregon, for a project to improve collection,
analysis and dissemination of data on infectious diseases; for
Department of Health and Human Services, Health Resources and Services
Administration, $400,000, for the Tillamook Lightwave in Tillamook,
Oregon, for a fiber optic link between Tillamook County Hospital and the
Oregon Health Sciences University; for Department of Health and Human
Services, Centers for Disease Control and Prevention, $300,000, for the
Access Community Health Network in Chicago, Illinois, for programs
related to prevention and control of chronic diseases; for Department of
Health and Human Services, Health Resources and Services Administration,
$200,000, for the Northwestern Memorial Hospital in Chicago, Illinois,
for facilities and equipment; for Department of Health and Human
Services, Health Resources and Services Administration, $200,000, for
the Illinois Primary Health Care Association, for implementation of the
Shared Integrated Management Information System; for Department of
Health and Human Services, Health Resources and Services Administration,
$250,000, for Family Resources Community Action in Woonsocket, Rhode
Island, for outreach and supportive services for persons with HIV/AIDS;
for Department of Health and Human Services, Health Resources and
Services Administration, $250,000, for St. Joseph Hospital/PeaceHealth
in Bellingham, Washington, on behalf of the Whatcom Community Health
Improvement Consortium, to implement a model for improving care for
patients with chronic diseases and increasing access and efficiency of
services; for Department of Health and Human Services, Health Resources
and Services Administration, $150,000, for the Children's Rehabilitation
Center in White Plains, New York, for facilities and equipment; for
Department of Health and Human Services, Health Resources and Services
Administration, $60,000, for the Telfair Regional Hospital in McRae,
Georgia, for facilities and equipment; for Department of Health and
Human Services, Health Resources and Services Administration, $65,000,
for the Candler County Hospital in Metter, Georgia, for facilities and
equipment; for Department of Health and Human Services, Administration
for Children and Families, $500,000 for The Boys & Girls Club of Greater
Kansas City, Kansas City, Missouri, for the Heathwood Youth and Families
Community Center; for Department of Health and Human Services, Health
Resources and Services Administration, $200,000, for the Boston Medical
[[Page 118 STAT. 455]]
Center in Boston, Massachusetts, for facilities and equipment; for
Department of Health and Human Services, Health Resources and Services
Administration, $500,000, for the University of North Dakota School of
Medicine and Health Sciences, for its rural health program in preventive
medicine and behavioral sciences; for Department of Health and Human
Services, Health Resources and Services Administration, $900,000, for
the California Hospital Medical Center in Los Angeles, California, for
facilities and equipment; for Department of Health and Human Services,
Health Resources and Services Administration, $500,000, for the City of
Abilene, Texas, Abilene-Taylor County Public Health District, for
facilities and equipment; for Department of Health and Human Services,
Health Resources and Services Administration, $400,000, for the Houston
County Hospital, Crockett, Texas, for facilities and equipment; for
Department of Education, $200,000, for the University of Hawaii, West
Oahu campus, Hawaii, to produce the ``Primal Quest'' film documentary;
for Department of Education, $500,000, for the Union Parish School
District, Farmerville, Louisiana, to implement an online assessment and
interactive instructional program; for Department of Education,
$200,000, for the Middle Country School District, New York, to establish
a math, science and technology lab at Oxhead Road Elementary School in
Centereach, New York; for Department of Education, $500,000, for the
Florida Campus Compact, Tallahassee, Florida, to enhance service-
learning on college campuses throughout Florida; for Department of
Education, $340,000, for Southern Connecticut State University, New
Haven, Connecticut, to expand nursing education recruitment, diversity
and training programs, in collaboration with Gateway Community College;
for Department of Education, $60,000, for Gateway Community College, New
Haven, Connecticut, to enhance educational media and technology; for
Department of Education, $100,000, for Project Georgetown, Georgetown,
Texas, for an after-school program; for Department of Education,
$200,000, for Communities in Schools-Bell-Coryell Counties, Inc.,
Killeen, Texas, for educational services for at-risk youth; for
Department of Education, $200,000, for Communities in Schools-Central
Texas, Inc., Austin, Texas, for educational services for at-risk youth;
for Department of Education, $325,000; for Harrisburg Polytechnic
Institute, Harrisburg, Pennsylvania, for a K-16 curriculum, equipment,
internships and enrichment activities for high school students; for
Department of Education, $175,000, for Lehigh Carbon Community College,
Tamaqua, Pennsylvania, for equipment and technology upgrades, and for
curricula; for Department of Education, $200,000, for Chicago State
University, Chicago Illinois, to establish a school of pharmacy,
including equipment; for Department of Education, $500,000, for Marywood
University, Scranton, Pennsylvania, to establish a Center for Assistive
Technology; for Department of Education, $400,000, for the Boys & Girls
Club of Pawtucket, Rhode Island, for academic and literacy, character
education, career preparation, and enrichment activities for youth; for
Department of Education, $250,000, for Whatcom Community College,
Bellingham, Washington, to establish a center for training in border
security; for Department of Education, $400,000, for Westchester
Community College, New York, for personnel, equipment and other
programmatic expenses for The New Center; for Department of Education,
$50,000, for the Marymount Institute for the Education of Women and
Girls of Marymount College of Fordham
[[Page 118 STAT. 456]]
University, Tarrytown, New York, for a mentoring project to enhance the
academic and social development of Latina girls at Sleepy Hollow Middle
School; for Department of Education, $500,000, for Northern Kentucky
University, Highland Heights, Kentucky, for the Urban Learning Center to
expand access to postsecondary education; for Department of Education,
$500,000, for Iron County School District, Cedar City, Utah, for a
student achievement management information system; for Department of
Education, $200,000, for Western Maine Technical College, South Paris,
Maine, for education programs and marketing activities; for Department
of Education, $275,000, for the YMCA of the Triangle Area, Raleigh,
North Carolina, for youth mentoring, character education and leadership
activities; for Department of Education, $325,000, for Communities in
Schools of Northeast Texas, Inc., Pflugerville, Texas, for educational
services for at-risk students; for the Institute of Museum and Library
Services, $300,000, for The Hudson River Museum, Yonkers, New York, for
the ``Hudson River Access'' science education project; for the Institute
of Museum and Library Services, $375,000, for the Tubman African
American Museum, Macon, Georgia, for exhibits, education programs and
outreach activities; for the Institute of Museum and Library Services,
$300,000, for the Maine Discovery Museum, Bangor, Maine, for exhibits
and education programs; for the Institute of Museum and Library
Services, $225,000, for the North Carolina State Museum of Natural
Sciences, Raleigh, North Carolina, to develop exhibits and education
programs; for the Department of Housing and Urban Development,
``Community Development Fund'', Economic Development Initiative program,
for carrying out targeted economic investments, $3,010,000, to be
allocated in the amounts and under the terms and conditions specified on
pages 33 through 60 of House Report No. 108-235 for projects numbered
35, 52, 60, 61, 174, 175, 177, 181, 195, 223, 250, 265, 297, 333, 408,
409, 410, 421, 438, 439, 441, 496, 509, 574, and 583; and for the
Environmental Protection Agency, ``State and Tribal Assistance Grants''
to local communities for repair, replacement or upgrading of their
drinking water, wastewater or storm water infrastructure or for water
quality protection activities, $600,000, to be allocated under the terms
and conditions specified on pages 111 through 127 of House Report No.
108-235 for projects numbered 121 and 226.
Sec. 168. (a) Rescissions.--From unobligated balances of amounts
made available in Public Law 107-38, and in Public Law 107-117, and in
appropriations Acts for the Department of Defense, $1,800,000,000 is
hereby rescinded: Provided, That the Director of the Office of
Management and Budget, after consultation with the Committees on
Appropriations of the House and Senate and the Secretary of Defense,
shall determine the amounts to be rescinded from each account that is to
be so <<NOTE: Effective date.>> reduced: Provided further, That the
rescissions shall take effect no later than September 30, 2004: Provided
further, <<NOTE: Notification.>> That the Director of the Office of
Management and Budget shall notify the Committees on Appropriations of
the House and Senate 30 days prior to rescinding such amounts: Provided
further, That such notification shall include the accounts, programs,
projects and activities from which the funds will be rescinded: Provided
further, That this section shall not apply to any amounts appropriated
or otherwise made available
[[Page 118 STAT. 457]]
by the seventh proviso under the heading ``Emergency Response Fund'' in
Public Law 107-38.
(b) Across-the-Board Rescissions.--There is hereby rescinded an
amount equal to 0.59 percent of--
(1) the budget authority provided (or obligation limitation
imposed) for fiscal year 2004 for any discretionary account in
divisions A through H of this Act and in any other fiscal year
2004 appropriation Act (except any fiscal year 2004 supplemental
appropriation Act, the Department of Defense Appropriations Act,
2004, or the Military Construction Appropriations Act, 2004);
(2) the budget authority provided in any advance
appropriation for fiscal year 2004 for any discretionary account
in any prior fiscal year appropriation Act; and
(3) the contract authority provided in fiscal year 2004 for
any program subject to limitation contained in any division or
appropriation Act subject to paragraph (1).
(c) Proportionate Application.--Any rescission made by subsection
(b) shall be applied proportionately--
(1) to each discretionary account and each item of budget
authority described in such subsection; and
(2) within each such account and item, to each program,
project, and activity (with programs, projects, and activities
as delineated in the appropriation Act or accompanying reports
for the relevant fiscal year covering such account or item, or
for accounts and items not included in appropriation Acts, as
delineated in the most recently submitted President's budget).
(d) OMB Report.--Within <<NOTE: Deadline.>> 30 days after the date
of the enactment of this section the Director of the Office of
Management and Budget shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a report specifying the
account and amount of each rescission made pursuant to subsection (b).
This division may be cited as the ``Miscellaneous Appropriations and
Offsets Act, 2004''.
Approved January 23, 2004.
LEGISLATIVE HISTORY--H.R. 2673 (S. 1427):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 108-193 (Comm. on Appropriations) and 108-401
(Comm. of Conference).
SENATE REPORTS: No. 108-107 accompanying S. 1427 (Comm. on
Appropriations).
CONGRESSIONAL RECORD:
Vol. 149 (2003):
July 14, considered and passed
House.
Nov. 5, 6, considered and passed
Senate, amended.
Dec. 8, House agreed to conference
report.
Vol. 150 (2004):
Jan. 22, Senate agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Jan. 23, Presidential statement.
<all>