Text: H.R.2673 — 108th Congress (2003-2004)All Information (Except Text)

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Enrolled Bill

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 2673 Enrolled Bill (ENR)]

        H.R.2673

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 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
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. 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, 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:

                                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


                             chief economist

    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.


                        national appeals division

    For necessary expenses of the National Appeals Division, 
$13,670,000.


                  Office of Budget and Program Analysis

    For necessary expenses of the Office of Budget and Program 
Analysis, $7,740,000.


                         Homeland Security Staff

    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.


                       Common Computing Environment

    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.

                 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 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


                      (including transfers of funds)

    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


                      (including transfers of funds)

    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.), $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


                      (including transfers of funds)

    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


                      (including transfers of funds)

    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, 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


                          Salaries and Expenses

    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 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 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 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 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.


                         Buildings and Facilities

    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


                    Research and Education Activities

    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 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.


               native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $9,000,000.


                           Extension Activities

    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 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.


                          integrated activities

    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.


               Outreach for Socially Disadvantaged Farmers

    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.

               Animal and Plant Health Inspection Service


                          Salaries and Expenses

                      (including transfers of funds)

    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.


                         Buildings and Facilities

    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.

                     Agricultural Marketing Service


                            Marketing Services

     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, 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).


                  limitation on administrative expenses

    Not to exceed $62,577,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: Provided, 
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 for Strengthening Markets, Income, and Supply (Section 32)

                      (including transfers of funds)

    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.


                    Payments to States and Possessions

    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 (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


                          Salaries and Expenses

    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.


         Limitation on Inspection and Weighing Services Expenses

    Not to exceed $42,463,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, 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.

    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


                          Salaries and Expenses

                      (including transfers of funds)

    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.


                          State Mediation Grants

    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.


                         dairy indemnity program

                      (including transfer of funds)

    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).


            Agricultural Credit Insurance Fund Program Account

                      (including transfers of funds)

    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.
    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, 
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


                  reimbursement for net realized losses

    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).


                        hazardous waste management

                         (limitation on expenses)

    For the current fiscal year, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and 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


                         Conservation Operations

    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 with respect to programs listed in section 1241(a) of the 
Food Security Act of 1985 (16 U.S.C. 3841(a)).


                      watershed surveys and planning

    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)).


                Watershed and Flood Prevention Operations

    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)).


                     watershed rehabilitation program

    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)).


                  resource conservation and development

    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 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 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.


                   Rural Community Advancement Program

                      (including transfers of funds)

    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: 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 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


                      (including transfers of funds)

    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


               Rural Housing Insurance Fund Program Account

                      (including transfers of funds)

    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, $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''.


                        Rental Assistance Program

    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, 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.


                   Mutual and Self-Help Housing Grants

    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.


                     Rural Housing Assistance Grants

    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 $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.


                        farm labor program account

    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


               Rural Development Loan Fund Program Account

                      (including transfer of funds)

     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''.


             Rural Economic Development Loans Program Account

                     (including rescission of funds)

    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.


                   Rural Cooperative Development Grants

    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).


        RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

    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).


                         RENEWABLE ENERGY PROGRAM

    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


    Rural Electrification and Telecommunications Loans Program Account

                      (including transfer of funds)

    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 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''.


                   Rural Telephone Bank Program Account

                      (including transfer of funds)

    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''.


          Distance Learning, Telemedicine, and Broadband Program

    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.

                                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


                         child nutrition programs

                      (including transfer of funds)

    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, 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.


     Special Supplemental Nutrition Program for Women, Infants, and 
                             Children (WIC)

    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 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.


                            Food Stamp Program

    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, 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.


                       Commodity Assistance Program

    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.


                    nutrition programs administration

    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.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service


                          Salaries and expenses

                      (including transfers of funds)

    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.


                  Public Law 480 Title I Program Account

                      (including transfers of funds)

    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''.


         Public Law 480 Title I Ocean Freight Differential Grants

                      (including transfer of funds)

    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, 
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.


                      Public Law 480 Title II Grants

    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.


   McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION 
                             PROGRAM GRANTS

    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.


        Commodity Credit Corporation Export Loans Program Account

                      (including transfers of funds)

    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


                          Salaries and Expenses

    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 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.


                         buildings and facilities

    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.

                       Farm Credit Administration


                  Limitation on Administrative Expenses

    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. 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.
    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 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) 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 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. 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 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. 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. 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. 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 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. 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 
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.
    (b) 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. (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) 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 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. 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. 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. 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.
    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. 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 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 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. 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. 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--
            ``(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) 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 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 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 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 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 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 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 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 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 Public Law 108-7 is amended by 
striking ``7 U.S.C. 3291'' and inserting ``7 U.S.C. 3292b''.
    Sec. 789. 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''.

DIVISION B--DEPARTMENTS 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 OF JUSTICE

                         General Administration


                          salaries and expenses

    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.


          integrated automated fingerprint identification system

    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.


                    legal activities office automation

    For necessary expenses related to the design, development, 
engineering, acquisition, and implementation of office automation 
systems for the organizations funded under the headings ``Salaries 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.


                        narrowband communications

    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.


                          Counterterrorism Fund

    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, 
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.


                    Administrative Review and Appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $193,530,000.


                            Detention Trustee

    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 with the appropriation under the heading 
``Detention Trustee'' and shall be available 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.


                       Office of Inspector General

    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


                          Salaries and Expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $10,609,000.

                            Legal Activities


             Salaries and Expenses, General 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 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.


              Salaries and Expenses, United States Attorneys

    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.


                    United States Trustee System Fund

    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.


       Salaries and Expenses, Foreign Claims Settlement Commission

    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.


          Salaries and Expenses, United States Marshals Service

    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.


                               Construction

    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.


                      Fees and Expenses of Witnesses

    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.


            Salaries and Expenses, Community Relations Service

    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 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.


                          Assets Forfeiture Fund

    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


                          Salaries and Expenses

    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.


   foreign terrorist tracking task force/terrorist threat integration 
                                 center

    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.


                               Construction

    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.

                    Drug Enforcement Administration


                          Salaries and Expenses

    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.


                       Interagency Drug Enforcement

    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


                          salaries and expenses

    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 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


                          Salaries and Expenses

    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, 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: 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.


                         Buildings and 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, 
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.


                 Federal Prison Industries, Incorporated

    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.


    Limitation on Administrative Expenses, Federal Prison Industries, 
                              Incorporated

    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


                            Justice Assistance

    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.


                STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

    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 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 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.


                        Weed and Seed Program Fund

    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 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.


                   COMMUNITY ORIENTED POLICING SERVICES

    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;
        (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.


        violence against women prevention and prosecution programs

    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;
        (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.


                        JUVENILE JUSTICE PROGRAMS

    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;
        (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.


                     Public Safety Officers Benefits

    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


                          (including rescission)

    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. 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 declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 103. 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) 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 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) 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) 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. 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 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 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) 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) 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 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 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 OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative


                          Salaries and Expenses

    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 members to distribute monies collected from 
antidumping and countervailing duties.

                     International Trade Commission


                          Salaries and Expenses

    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


                      Operations and 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, 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, 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 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


                      Operations and Administration

    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, 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


                 Economic Development Assistance Programs

    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.


                          Salaries and Expenses

    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.

                  Minority Business Development Agency


                      Minority Business Development

    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


                          Salaries and Expenses

    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


                          Salaries and Expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$194,811,000.


                      Periodic Censuses and Programs

    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 
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


                          Salaries and Expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $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.


     Public Telecommunications Facilities, Planning and Construction

    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.


                    Information Infrastructure Grants

    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.

               United States Patent and Trademark Office


                          salaries and expenses

    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


                          salaries and expenses

    For necessary expenses for the Under Secretary for Technology 
Office of Technology Policy, $6,411,000.

             National Institute of Standards and Technology


              scientific and technical research and services

    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, 
$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.


                   Construction of Research Facilities

    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


                   Operations, Research, and Facilities

                      (including transfer of funds)

    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 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 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.


                Procurement, Acquisition and Construction

    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.


                     Pacific Coastal Salmon Recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $90,000,000.


                    FISHERIES FINANCE PROGRAM ACCOUNT

    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 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


                          Salaries and Expenses

    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.


                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $21,116,000.

               General Provisions--Department of Commerce


                          (including rescission)

    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. 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, 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 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. 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 
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 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) 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) 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 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--
        (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, 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 JUDICIARY

                   Supreme Court of the United States


                          Salaries and Expenses

    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.


                     Care of the Building and Grounds

    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


                          Salaries and Expenses

    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.

               United States Court of International Trade


                          Salaries and Expenses

    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


                          Salaries and Expenses

    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.


                            Defender Services

    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.


                     Fees of Jurors and Commissioners

    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.


                              Court Security

    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


                          Salaries and Expenses

    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


                          Salaries and Expenses

    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.

                       Judicial Retirement Funds


                     Payment to Judiciary Trust 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


                          Salaries and Expenses

    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 OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                     Diplomatic and Consular Programs

    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), 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 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, 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 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.


                         capital investment fund

    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.


                       Office of Inspector General

    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.


                Educational and Cultural Exchange Programs

    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.


                        Representation Allowances

    For representation allowances as authorized, $9,000,000.


               Protection of Foreign Missions and Officials

    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.


             Embassy Security, Construction, and Maintenance

    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.


            emergencies in the diplomatic and consular service

    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.


                    Repatriation Loans Program Account

    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.


               Payment to the American Institute in Taiwan

    For necessary expenses to carry out the Taiwan Relations Act 
(Public Law 96-8), $18,782,000.


      Payment to the Foreign Service Retirement and Disability Fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $134,979,000.

                      International Organizations


               contributions to international organizations

    For 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, 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.


         contributions for international peacekeeping activities

    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, 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 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, 
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 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.


                               Construction

    For detailed plan preparation and construction of authorized 
projects, $3,551,000, to remain available until expended, as 
authorized.


               American Sections, International Commissions

    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 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.


                   International Fisheries Commissions

    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.


   international center for middle eastern-western dialogue trust fund

    For 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.


         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.


                  Eisenhower Exchange Fellowship Program

    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 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.


                             East-West Center

    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.


                     national endowment for democracy

    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.


                    broadcasting capital improvements

    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 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. 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, 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.
    (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. 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


                          salaries and expenses

    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


                          salaries and expenses

    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


                          Salaries and Expenses

    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


                          Salaries and Expenses

    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.

            Commission on Security and Cooperation in Europe


                          salaries and expenses

    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


                          salaries and expenses

    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


                          Salaries and Expenses

    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


                          Salaries and Expenses

    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 received in excess of $272,958,000 in fiscal year 2004 
shall remain available until expended, but shall not be available for 
obligation until October 1, 2004: Provided further, That 
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a 
competitive bidding system that may be retained and made available for 
obligation shall not exceed $85,000,000 for fiscal year 2004.

                        Federal Trade Commission


                          salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of 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 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


                          salaries and expenses

    For necessary expenses of the HELP Commission, $3,000,000, to 
remain available until expended.

                       Legal Services Corporation


                payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $338,848,000, 
of which $317,471,000 is for basic field programs and required 
independent audits; $2,600,000 is for the Office of Inspector General, 
of which such amounts as may be necessary may be used to conduct 
additional audits of recipients; $13,300,000 is for management and 
administration; $2,977,000 is for client self-help and information 
technology; and $2,500,000 is for grants to offset losses due to census 
adjustments.


           Administrative Provision--Legal Services Corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same 
terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2003 and 2004, respectively, and except that section 
501(a)(1) of Public Law 104-134 (110 Stat. 1321-51, et seq.) shall not 
apply to the use of the $2,500,000 to address loss of funding due to 
Census-based reallocations.

                        Marine Mammal Commission


                          salaries and expenses

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, $1,856,000.

           National Veterans Business Development Corporation

    For necessary expenses of the National Veterans Business 
Development Corporation as authorized under section 33(a) of the Small 
Business Act, $2,000,000, to remain available until expended.

                   Securities and Exchange Commission


                          salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $811,500,000; of which not to exceed $10,000 
may be used toward funding a permanent 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) 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


                          Salaries and Expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 105-135, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $325,750,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
servicing activities: Provided further, That, 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.


                       Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$13,000,000.


                      Business Loans Program Account

    For the cost of direct loans, $1,910,000, to be available until 
expended; and for the cost of guaranteed loans, $79,132,000, as 
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain 
available until September 30, 2005: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That during fiscal year 2004 commitments to guarantee loans under 
section 503 of the Small Business Investment Act of 1958, shall not 
exceed $4,500,000,000: Provided further, That during fiscal year 2004 
commitments for general business loans authorized under section 7(a) of 
the Small Business Act, shall not exceed $10,000,000,000 without prior 
notification of the Committees on Appropriations of the House of 
Representatives and Senate in accordance with section 605 of this Act: 
Provided further, That 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.


                      Disaster Loans Program Account

    For the cost of direct loans authorized by section 7(b) of the 
Small Business Act, $56,188,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974.
    In addition, for administrative expenses to carry out the direct 
loan program, $114,363,000, which may be transferred to and merged with 
appropriations for Salaries and Expenses, of which $500,000 is for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program and 
shall be transferred to and merged with appropriations for the Office 
of Inspector General; of which $105,363,000 is for direct 
administrative expenses of loan making and servicing to carry out the 
direct loan program; and of which $8,500,000 is for indirect 
administrative expenses: Provided, That any amount in excess of 
$8,500,000 to be transferred to and merged with appropriations for 
Salaries and Expenses for indirect 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.


         Administrative Provision--Small Business Administration

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Small Business Administration in this Act 
may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this paragraph shall 
be treated as a reprogramming of funds under section 605 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

                        State Justice Institute


                          Salaries and Expenses

    For necessary expenses of the State Justice Institute, as 
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.

      United States-China Economic and Security Review Commission


                          Salaries and Expenses

    For necessary expenses of the United States-China Economic and 
Security Review Commission, $2,000,000.

                      TITLE VI--GENERAL PROVISIONS


                         (including rescissions)

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, 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) 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 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. 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. 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. 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) 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 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. 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) The requirements in subsections (b) and (c) of section 616 of 
that Act shall continue to apply during fiscal year 2004.
    Sec. 617. (a) None of the funds appropriated pursuant to this Act 
or any other provision of law may be used for--
        (1) the implementation of any tax or fee in connection with the 
    implementation of subsection 922(t) of title 18, United States 
    Code; and
        (2) any system to implement subsection 922(t) of title 18, 
    United States Code, that does not require and result in the 
    destruction of any identifying information submitted by or on 
    behalf of any person who has been determined not to be 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) Subsection (a)(2) shall take effect not later than 180 days 
after enactment of this Act.
    Sec. 618. Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $625,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 619. None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate 
the religious or moral beliefs of students who participate in programs 
for which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 620. None of the funds appropriated or otherwise made 
available to the Department of State shall be available for the purpose 
of granting either immigrant or nonimmigrant visas, or both, consistent 
with the determination of the Secretary of State under section 243(d) 
of the Immigration and Nationality Act, to citizens, subjects, 
nationals, or residents of countries that the 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 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 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 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. 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) 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. A Deputy Assistant Administrator for non-contiguous 
States and territories shall, through the Senior Executive Service, 
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. 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 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 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 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 is amended by inserting ``or section 
7(b) of the Small Business Act'' after ``September 11, 2001''.
    Sec. 629. The Telecommunications Act of 1996 is amended as 
follows--
        (1) in section 202(c)(1)(B) 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 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.
        ``(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) 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) 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 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) 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) 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.
    (c)(1) 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
        (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) The appointments under paragraph (1) shall be made not later 
than 60 days after the date of the enactment of this section.
    (5) 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.
    (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) Not later than 2 years after the members of the Commission 
are appointed under subsection (d)(1), the Commission shall 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) The Commission shall terminate 30 days after the submission of 
its report under subsection (f).
    (k)(1) 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.
        (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.
    (b) Any rescission made by subsection (a) shall be applied 
proportionately--
        (1) to each discretionary account and each item of budget 
    authority described in subsection (a); and
        (2) within each such account and item, to each program, 
    project, and activity (with programs, projects, and activities as 
    delineated in the appropriation Act or accompanying reports for the 
    relevant fiscal year covering such account or item, or for accounts 
    and items not included in appropriation Acts, as delineated in the 
    most recently submitted President's budget).

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration


                           working capital fund

                               (rescission)

    Of the unobligated balances available under this heading, 
$67,326,000 are rescinded.


                          counterterrorism fund

                               (rescission)

    Of the unobligated balances available under this heading, 
$40,000,000 are rescinded.

                            Legal Activities


                          asset forfeiture fund

                               (rescission)

    Of the unobligated balances available under this heading, 
$61,608,000 are rescinded.

                         Federal Prison System


                         buildings and facilities

                               (rescission)

    Of the unobligated balances available under this heading, 
$51,895,000 are rescinded.

                       Office of Justice Programs


                state and local law enforcement assistance

                               (rescission)

    Of the unobligated balances available under this heading, 
$21,600,000 are rescinded.


                   community oriented policing services

                               (rescission)

    Of the unobligated balances available under this heading, 
$6,378,000 are rescinded.


                        Juvenile Justice Programs

                               (rescission)

    Of the unobligated balances available under this heading, 
$15,900,000 are rescinded.

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                      operations and administration

                               (rescission)

    Of the appropriations made available for travel and tourism by 
section 210 of Public Law 108-7, $40,000,000 are rescinded.

            National Oceanic and Atmospheric Administration


                       coastal and ocean activities

                               (rescission)

    Of the appropriations made available for coastal and ocean 
activities by Public Law 106-553, $2,500,000 are rescinded.

                     TITLE VIII--ALASKAN FISHERIES

    Sec. 801. Bering Sea and Aleutian Islands Crab 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 thereof the following:
    ``(j) Bering Sea and Aleutian Islands Crab Rationalization.--
        ``(1) 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 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) The provisions of sections 308, 310, and 311 shall apply 
    to the processing facilities and fish products of any person 
    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. 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. 803. Aleutian Islands Fisheries Development. (a) Aleutian 
Islands Pollock Allocation.--Effective January 1, 2004 and thereafter, 
the directed pollock fishery in the Aleutian Islands Subarea [AI] of 
the BSAI (as defined in 50 CFR 679.2) shall be allocated to the Aleut 
Corporation (incorporated pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.)). Except with the permission of 
the Aleut Corporation or its authorized agent, the fishing or 
processing of any part of such allocation shall be prohibited by 
section 307 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1857), subject to the penalties and sanctions under 
section 308 of such Act (16 U.S.C. 1858), and subject to the forfeiture 
of any fish harvested or processed.
    (b) Eligible Vessels.--Only vessels that are 60 feet or less in 
length overall and have a valid fishery endorsement, or vessels that 
are eligible to harvest pollock under section 208 of title II of 
division C of Public Law 105-277, shall be eligible to form 
partnerships with the Aleut Corporation (or its authorized agents) to 
harvest the allocation under subsection (a). During the years 2004 
through 2008, up to 25 percent of such allocation may be harvested by 
vessels 60 feet or less in length overall. During the years 2009 
through 2013, up to 50 percent of such allocation may be harvested by 
vessels 60 feet or less in length overall. After the year 2012, 50 
percent of such allocation shall be harvested by vessels 60 feet or 
less in length overall, and 50 percent shall be harvested by vessels 
eligible under such section of Public Law 105-277.
    (c) Groundfish Optimum Yield Limitation.--The optimum yield for 
groundfish in the Bering Sea and Aleutian Islands 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 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 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 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 $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


                      (including transfer of funds)

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia and the Public Defender Service for the District 
of Columbia, as authorized by the National Capital Revitalization and 
Self-Government Improvement Act of 1997, $168,435,000, of which not to 
exceed $2,000 is for official reception 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.

      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 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.

                 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 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. 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


                      (including transfers of funds)

    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 (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 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 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


                      (including transfer of funds)

    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 (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.

                       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.

                       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 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


                         (including rescissions)

    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 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 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 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;
            (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 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 
    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:
            (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 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.

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 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 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,
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. 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 
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. 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 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.
    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. 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 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. 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 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.
    ``(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''.

DIVISION D--FOREIGN 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, 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.


                         administrative expenses

    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, 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.

                Overseas Private Investment Corporation


                            noncredit account

    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.


                             program account

    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


                       trade and development agency

    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:


            united states agency for international development

                 child survival and health programs fund

                      (including transfer of funds)

    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 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 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.


                          development assistance

    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: 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.


               international disaster and famine assistance

    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.


                          transition initiatives

    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.


                       development credit authority

                      (including transfer of funds)

    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 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.


      payment to the foreign service retirement and disability fund

    For payment to the ``Foreign Service Retirement and Disability 
Fund'', as authorized by the Foreign Service Act of 1980, $43,859,000.


    operating expenses of the united states agency for international 
                              development

                      (including transfer of funds)

    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 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.


                         Capital investment fund

    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.


    operating expenses of the united states agency for international 
                development office of inspector general

    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


                          economic support fund

                      (including transfer of funds)

    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 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 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.


                      international fund for ireland

    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.


                        global hiv/aids initiative

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the prevention, treatment, and 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.


           assistance for eastern europe and the baltic states

    (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, 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.


     assistance for the independent states of the former soviet union

    (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 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.);
        (5) any financing provided under the Export-Import Bank Act of 
    1945; or
        (6) humanitarian assistance.

                          Independent Agencies


                        INTER-AMERICAN FOUNDATION

    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.


                      AFRICAN DEVELOPMENT FOUNDATION

    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.


                               peace corps

    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 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.


                     millennium challenge corporation

    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 more than $50,000,000 may be 
available for administrative expenses.

                          Department of State


           international narcotics control and law enforcement

    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 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.


                      andean counterdrug initiative

    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 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 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.


                     migration and refugee assistance

    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.


      united states emergency refugee and migration assistance fund

    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.


     nonproliferation, anti-terrorism, demining and related programs

    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 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


                International Affairs Technical Assistance

    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.


                            DEBT RESTRUCTURING

    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 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 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


              international military education and training

    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.


                    foreign military financing program

                      (including transfer of funds)

    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 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.


                         peacekeeping operations

    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


                   funds appropriated to the president

                   international financial institutions

                       global environment facility

    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.


        contribution to the international development association

    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.


       contribution to the multilateral investment guarantee agency

    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.


               limitation on callable capital subscriptions

    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.


      contribution to the enterprise for the americas multilateral 
                            investment fund

    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.


                contribution to the asian development fund

    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.


               Contribution to the African Development Bank

    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.


               limitation on callable capital subscriptions

    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.


               contribution to the african development fund

    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.


   contribution to the european bank for reconstruction and development

    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.


               limitation on callable capital subscriptions

    The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year 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, 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


   compensation for united states executive directors to international 
                         financial institutions

    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.


                   private and voluntary organizations

    Sec. 502. 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, 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.


                     limitation on residence expenses

    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.


                          limitation on expenses

    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.


                limitation on representational allowances

    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.


           prohibition on taxation of united states assistance

    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 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 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.


         prohibition against direct funding for certain countries

    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.


                              military coups

    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.


                                transfers

    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 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.


                  commercial leasing of defense articles

    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.


                          availability of funds

    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.


             limitation on assistance to countries in default

    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 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.


                            commerce and trade

    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.


                           surplus commodities

    Sec. 514. 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.


                        notification requirements

    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.


   limitation on availability of funds for international organizations 
                              and programs

    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 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.


              independent states of the former soviet union

    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) 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 own resources (including 
volunteer services and in-kind contributions) in such projects and 
activities.


    PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

    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.


                  export financing transfer authorities

    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.


                    special notification requirements

    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.


               definition of program, project, and activity

    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 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.


                   child survival and health activities

    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.


                               afghanistan

    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 communities and 
families that suffer losses as a result of the military operations.


                 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

    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.


                          usaid overseas program

    Sec. 525. 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.


                            democracy programs

    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 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, 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.


        PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

    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.
    (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. 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.


                           DEBT-FOR-DEVELOPMENT

    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.


                            SEPARATE ACCOUNTS

    Sec. 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 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.


                       enterprise fund restrictions

    Sec. 530. 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.


                                  burma

    Sec. 531. (a) 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.


     authorities for the peace corps, inter-american foundation and 
                     african development foundation

    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.


                   impact on jobs in the united states

    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.


                           special authorities

    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 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 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 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.


                      ARAB LEAGUE BOYCOTT OF ISRAEL

    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.


                   administration of justice activities

    Sec. 536. 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.


                        eligibility for assistance

    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 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.


                          reservations of funds

    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.


                          ceilings and earmarks

    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 in any 
other Act shall not be applicable to funds appropriated by this Act.


                  prohibition on publicity or propaganda

    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.


            prohibition of payments to united nations members

    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.


               nongovernmental organizations--documentation

    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.


   Prohibition on Assistance to Foreign Governments that Export Lethal 
   Military Equipment to Countries Supporting International Terrorism

    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. The 
prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment. 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.


  withholding of assistance for parking fines owed by foreign countries

    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) 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.


     limitation on assistance for the plo for the west bank and gaza

    Sec. 545. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization 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.


                      war crimes tribunals drawdown

    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.


                                landmines

    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.


            restrictions concerning the palestinian authority

    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, 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.


                prohibition of payment of certain expenses

    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.


    restrictions on voluntary contributions to united nations agencies

    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.


                                  Haiti

    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.


          limitation on assistance to the palestinian authority

    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 include a description 
of how funds will be spent and the accounting procedures in place to 
ensure that they are properly disbursed.


               limitation on assistance to security forces

    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.


                     FOREIGN MILITARY TRAINING REPORT

    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.


                           ENVIRONMENT PROGRAMS

    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, 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 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.


             REGIONAL PROGRAMS FOR EAST ASIA AND THE PACIFIC

    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.


                                 ZIMBABWE

    Sec. 557. 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.


                                  TIBET

    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 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.


                        AUTHORIZATION REQUIREMENT

    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.


                                 NIGERIA

    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.


                                 cambodia

    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 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.


                          palestinian statehood

    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 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'').


                                 COLOMBIA

    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 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 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.


                           ILLEGAL ARMED GROUPS

    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.


  PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

    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.


                        west bank and gaza program

    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.


             contributions to united nations population fund

    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 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.


                               central asia

    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) 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.


     DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN 
                               FEDERATION

    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.


                              WAR CRIMINALS

    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 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.


                                User Fees

    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.


                            funding for serbia

    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 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.


                    Community-Based Police Assistance

    Sec. 573. (a) Authority.--Funds 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.


                   Special Debt Relief for the Poorest

    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 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.


              Authority to Engage in Debt Buybacks or Sales

    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 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''.


                         Disaster Surge Capacity

    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''.


                            ifad Authorization

    Sec. 577. 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.


              Philippine Education and Health Infrastructure

    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.


                             Basic Education

    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.


  participation in the thirteenth replenishment of the resources of the 
                 international development association

    Sec. 580. The International Development Association Act (22 U.S.C. 
284-284s) is amended by adding at the end the following:

``SEC. 22. 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.''.


      administrative provisions related to multilateral development 
                              institutions

    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:

``SEC. 1504. 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) 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) 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) 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) 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 goals 
described in subsection (a), and any further actions that need to be 
taken to fully implement such goals.
    ``(c) 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).''.


   participation in the seventh replenishment of the resources of the 
                         asian development fund

    Sec. 582. The Asian Development Bank Act (22 U.S.C. 285-285aa) is 
amended by adding at the end the following:

``SEC. 31. 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.''.


    participation in the ninth replenishment of the resources of the 
                        african development fund

    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. NINTH REPLENISHMENT.

    ``(a) Contribution Authority.--
        ``(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.''.


     OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK 
                              RESTRICTIONS

    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.


                         reconciliation programs

    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.


                                NICARAGUA

    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.


                            DISABILITY ACCESS

    Sec. 587. 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, That the Administrator shall submit a 
report to the Committees on Appropriations not 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 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.


                         trade capacity building

    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.


                           war crimes in africa

    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 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 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 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) 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) 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.


                           report on azerbaijan

    Sec. 592. Not later than 90 days after the date of the enactment of 
this Act, the Secretary of State, in consultation with the Attorney 
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.


     designation of the global fund to fight aids, tuberculosis and 
      malaria under the international organizations immunities act

    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. 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.''.


                             code of conduct

    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) 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;
        (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.


                         assistance for hiv/aids

    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) 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 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''.


      TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC INITIATIVE

    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 amended by striking ``subparagraph (A)'' and 
inserting ``clause (i)''.


                                INDONESIA

    Sec. 597. (a) 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 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.


                         religious freedom report

    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.


                      DELIVERY OF ASSISTANCE BY AIR

    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.


                  MODIFICATION ON REPORTING REQUIREMENTS

    Sec. 599B. (a) Section 3204(f) of the Emergency Supplemental Act, 
2000 (Public Law 106-246) is amended--
        (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) 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) is 
hereby repealed.


                              CPA DETAILEES

    Sec. 599C. 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, 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 CHALLENGE ACT OF 2003

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Millennium Challenge Act of 
2003''.

SEC. 602. 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. 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.
        (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. 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 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.
    (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.
                (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. 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 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) 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. 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 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. 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
        (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. CONGRESSIONAL AND PUBLIC NOTIFICATION OF CANDIDATE COUNTRIES, 
              ELIGIBILITY CRITERIA, AND ELIGIBLE COUNTRIES.

    (a) 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) 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) shall publish in the Federal Register the information 
    contained in the report described in paragraph (1).
    (b) 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) 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) 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.--
        (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) 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) 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) shall publish in the Federal Register the information 
    contained in the report described in paragraph (1).

SEC. 609. 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;
            (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.
    (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) 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) 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) 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. 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) 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) 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. SUSPENSION AND TERMINATION OF ASSISTANCE.

    (a) Suspension and Termination of Assistance.--After consultation 
with the Board, the Chief Executive Officer may suspend 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 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. DISCLOSURE.

    (a) Requirement for Disclosure.--The 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 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. ANNUAL REPORT.

    (a) Report.--Not later than March 31, 2005, and each March 31 
thereafter, the President shall submit to Congress a report 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. 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 to which no compensation is 
attached with governments or governmental agencies of foreign countries 
or with international organizations.
    (d) Other Authorities.--Except 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).

SEC. 615. 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. 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. 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) 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.
    (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. PERSONNEL OUTSIDE THE UNITED STATES.

    (a) Assignment to United States Embassies.--An employee of the 
Corporation, including an individual detailed to or contracted by the 
Corporation, may be assigned to a United States diplomatic mission or 
consular post or a United States Agency for International Development 
field mission.
    (b) Privileges and Immunities.--The Secretary of State shall seek 
to ensure that an employee of the Corporation, including an individual 
detailed to or contracted by the Corporation, and the members of the 
family of such employee, while the employee is performing duties in any 
country or place outside the United States, enjoy the privileges and 
immunities that are enjoyed by a member of the Foreign Service, or the 
family of a member of the Foreign Service, as appropriate, of 
comparable rank and salary of such employee, if such employee or a 
member of the family of such employee is not a national of or 
permanently resident in such country or place.
    (c) Responsibility of Chief of Mission.--An employee of the 
Corporation, including an individual detailed to or contracted by the 
Corporation, and a member of the family of such employee, shall be 
subject to section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927) in the same manner as United States Government employees while 
the employee is performing duties in any country or place outside the 
United States if such employee or member of the family of such employee 
is not a national of or permanently resident in such country or place.

SEC. 619. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title such sums as may be necessary for 
each of the fiscal years 2004 and 2005.
    (b) Allocation of Funds.--
        (1) In general.--The Corporation may allocate or transfer to 
    any agency of the United States Government any of the funds 
    available for carrying out this title. Such funds shall be 
    available for obligation and expenditure for the purposes for which 
    the funds were authorized, in accordance with authority granted in 
    this title or under authority governing the activities of the 
    United States Government agency to which such funds are allocated 
    or transferred.
        (2) Notification.--The 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 OF LABOR, HEALTH AND HUMAN SERVICES, AND 
          EDUCATION, AND RELATED AGENCIES APPROPRIATIONS, 2004


                                 An Act


  Making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and related agencies for the fiscal year ending 
               September 30, 2004, and for other purposes.

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of Labor, 
Health and Human Services, and Education, and related agencies for the 
fiscal year ending September 30, 2004, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                     Training and Employment Services

    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other 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 
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.


             community service employment for older americans

    To carry out title V of the Older Americans Act of 1965, as 
amended, $441,253,000.


               Federal Unemployment Benefits and Allowances

    For payments during the current fiscal year of trade adjustment 
benefit payments and allowances under part I and section 246; and for 
training, allowances for job search and relocation, and related State 
administrative expenses under part II of chapter 2, title II of the 
Trade Act of 1974 (including the benefits and services described under 
sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment 
Assistance Reform Act of 2002, Public Law 107-210), $1,338,200,000, 
together with such amounts as may be necessary to be charged to the 
subsequent appropriation for payments for any period subsequent to 
September 15 of the current year.


      State Unemployment Insurance and Employment Service Operations

    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.


         Advances to the Unemployment Trust Fund and Other Funds

    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.
    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.


                          Program Administration

    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


                          Salaries and Expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $124,962,000.

                  Pension Benefit Guaranty Corporation


                Pension Benefit Guaranty Corporation Fund

    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


                          Salaries and Expenses

    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 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.).


                             Special Benefits

                      (including transfer of funds)

    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.


                Special Benefits for Disabled Coal Miners

    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.


     administrative expenses, energy employees occupational illness 
                           compensation fund

                      (including transfer of funds)

    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.


                     Black Lung Disability Trust Fund

                      (including transfer of funds)

    Beginning 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


                          Salaries and Expenses

    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 18 of the Act; 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.

                 Mine Safety and Health Administration


                          Salaries and Expenses

    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, 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


                          Salaries and Expenses

    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


                          salaries and expenses

    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.

                        Departmental Management


                          Salaries and Expenses

    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, 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.


                     veterans employment and training

    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.


                       Office of Inspector General

    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.


                           Working Capital 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.


                           (transfer of funds)

    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 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--
        (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. 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''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                      Health Resources and Services

    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, 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, 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 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) 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.


            Health Education Assistance Loans Program Account

    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.


              Vaccine Injury Compensation Program Trust Fund

    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


                 Disease Control, Research, and Training

    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 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 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


                        National Cancer Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $4,770,519,000.


                National Heart, Lung, and Blood Institute

    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.


          National Institute of Dental and Craniofacial Research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $385,796,000.


     National Institute of Diabetes and Digestive and Kidney Diseases

    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.


         National Institute of Neurological Disorders and Stroke

    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.


          National Institute of Allergy and Infectious Diseases

                      (including transfer of funds)

    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.


              National Institute of General Medical Sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $1,916,333,000.


         National Institute of Child Health and Human Development

    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.


                          National Eye Institute

    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.


           National Institute of Environmental Health Sciences

    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.


                       National Institute on Aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,031,311,000.


  National Institute of Arthritis and Musculoskeletal and Skin Diseases

    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.


     National Institute on Deafness and Other Communication Disorders

    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.


                  National Institute of Nursing Research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $135,555,000.


            National Institute on Alcohol Abuse and Alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $431,471,000.


                     National Institute on Drug Abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $997,414,000.


                   National Institute of Mental Health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,390,714,000.


                 National Human Genome Research Institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $482,222,000.


       National Institute of Biomedical Imaging and Bioengineering

    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.


                  National Center for Research Resources

    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.


        National Center for Complementary and Alternative Medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$117,752,000.


        National Center on Minority Health and Health Disparities

    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.


                   John E. Fogarty International Center

    For carrying out the activities at the John E. Fogarty 
International Center, $65,800,000.


                       National Library of Medicine

    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.


                          Office of the Director

                      (including transfer of funds)

    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.


                         buildings and facilities

                      (including transfer of funds)

    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


                Substance Abuse and Mental Health Services

    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


                     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 on the comparative clinical 
effectiveness, cost-effectiveness, and safety of drugs, biological 
products, and devices.

               Centers for Medicare and Medicaid Services


                      Grants to States for Medicaid

    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.


                   Payments to Health Care Trust Funds

    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.


                            Program Management

    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 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 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.


       Health Maintenance Organization Loan and Loan Guarantee Fund

    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


   Payments to States for Child Support Enforcement and Family Support 
                                Programs

    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-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.


                    low-income home energy assistance

    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).


                      refugee and entrant assistance

    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.


    Payments to States for the Child Care and Development Block Grant

    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: Provided further, That $9,864,000 shall be for 
use by the Secretary for child care research, demonstration, and 
evaluation activities.


                       social services block grant

    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.


                 Children and Families Services Programs

    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 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, 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.


                    promoting safe and stable families

    For carrying out section 436 of the Social Security Act, 
$305,000,000 and for section 437, $100,000,000.


        Payments to States for Foster Care and Adoption Assistance

    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


                         Aging Services Programs

    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 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


                     General Departmental Management

    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.


                       Office of Inspector General

    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.


                         office for civil rights

    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.


                             policy research

    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.


      Retirement Pay and Medical Benefits for Commissioned Officers

    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.


             public health and social services emergency fund

    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 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. 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.


                           (transfer of funds)

    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, 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, 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 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 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). 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 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. 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. 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. 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''.
    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 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 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 
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 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).

                           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


                  american printing house for the blind

    For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 
101 et seq.), $16,500,000.


                NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

    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 use funds for the 
endowment program as authorized under section 207.


                           GALLAUDET UNIVERSITY

    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 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 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.

                           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


                          Program Administration

    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.


                         OFFICE FOR CIVIL RIGHTS

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $89,275,000.


                     OFFICE OF THE INSPECTOR GENERAL

    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.


                           (transfer of funds)

    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, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.
    Sec. 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:
        (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, 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) 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 in the Federal 
needs analysis methodology, as prescribed by the Secretary on May 30, 
2003 (68 Fed. Reg. 32473).
    Sec. 306. 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


         Domestic Volunteer Service Programs, Operating Expenses

    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 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


                          Salaries and Expenses

    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


                          Salaries and Expenses

    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, 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, 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, $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 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 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


                          salaries and expenses

    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 
Insu