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

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Public Law No: 108-199 (01/23/2004)

 
[108th Congress Public Law 199]
[From the U.S. Government Printing Office]


[DOCID: f:publ199.108]

[[Page 118 STAT. 3]]

Public Law 108-199
108th Congress

                                 An Act


 
Making appropriations for Agriculture, Rural Development, Food and Drug 
    Administration, and Related Agencies for the fiscal year ending 
      September 30, 2004, and for other purposes. <<NOTE: Jan. 23, 
                         2003 -  [H.R. 2673]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Consolidated Appropriations 
Act, 2004.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consolidated Appropriations Act, 
2004''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
   ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2004

Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions

  DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
                      AGENCIES APPROPRIATIONS, 2004

Title I--Department of Justice
Title II--Department of Commerce and Related Agencies
Title III--The Judiciary
Title IV--Department of State and Related Agency
Title V--Related Agencies
Title VI--General Provisions
Title VII--Rescissions
Title VIII--Alaskan Fisheries

          DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2004

Title I--Federal Funds
Title II--District of Columbia Funds
Title III--DC School Choice Incentive Act of 2003
Title IV--General Provisions

 DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                          APPROPRIATIONS, 2004

Title I--Export and Investment Assistance
Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance

[[Page 118 STAT. 4]]

Title V--General Provisions
Title VI--Millennium Challenge Act of 2003

DIVISION E--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
                      AGENCIES APPROPRIATIONS, 2004

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions

     DIVISION F--TRANSPORTATION, TREASURY, AND INDEPENDENT AGENCIES 
                          APPROPRIATIONS, 2004

Title I--Department of Transportation
Title II--Department of the Treasury
Title III--Executive Office of the President and Funds Appropriated to 
           the President
Title IV--Independent Agencies
Title V--General Provisions
Title VI--General Provisions--Departments, Agencies, and Corporations

  DIVISION G--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
                INDEPENDENT AGENCIES APPROPRIATIONS, 2004

Title I--Department of Veterans Affairs
Title II--Department of Housing and Urban Development
Title III--Independent Agencies
Title IV--General Provisions
Title V--Pesticide Products and Fees

          DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS

SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

 DIVISION A--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food 
   and Drug Administration, and Related Agencies Appropriations Act, 
  2004.>> RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2004

                                 An Act


Making appropriations for Agriculture, Rural Development, Food and Drug 
    Administration, and Related Agencies for the fiscal year ending 
               September 30, 2004, and for other purposes.

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies programs for the 
fiscal year ending September 30, 2004, and for other purposes, namely:

[[Page 118 STAT. 5]]

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing, and Marketing

                         Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, $5,092,000: Provided, That not to exceed $11,000 of this 
amount shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Secretary.

                          Executive Operations

    For necessary expenses of the Chief Economist, including economic 
analysis, risk assessment, cost-benefit analysis, energy and new uses, 
and the functions of the World Agricultural Outlook Board, as authorized 
 by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), $8,707,000.

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

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

    For necessary expenses of the Homeland Security Staff, $499,000.

                 Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
                          Officer, $15,493,000.

    For necessary expenses to acquire a Common Computing Environment for 
the Natural Resources Conservation Service, the Farm and Foreign 
Agricultural Service and Rural Development mission areas for information 
technology, systems, and services, $119,289,000, to remain available 
until expended, for the capital asset acquisition of shared information 
technology systems, including services as authorized by 7 U.S.C. 6915-16 
and 40 U.S.C. 1421-28: Provided, That obligation of these funds shall be 
consistent with the Department of Agriculture Service Center 
Modernization Plan of the county-based agencies, and shall be with the 
concurrence of the Department's Chief Information Officer.

[[Page 118 STAT. 6]]

                  Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial Officer, 
$5,684,000: Provided, That the Chief Financial Officer shall actively 
market and expand cross-servicing activities of the National Finance 
Center: Provided further, That <<NOTE: Reports.>> no funds made 
available by this appropriation may be obligated for FAIR Act or 
Circular A-76 activities until the Secretary has submitted to the 
Committees on Appropriations of both Houses of Congress a report on the 
Department's contracting out policies, including agency budgets for 
contracting out.

           Office of the Assistant Secretary for Civil Rights

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Civil Rights, $808,000.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $17,450,000.

          Office of the Assistant Secretary for Administration

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Administration, $673,000.

        Agriculture Buildings and Facilities and Rental Payments

    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and other 
actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and for 
related costs, as follows: for payments to the General Services 
Administration, $123,910,000, and for buildings operations and 
maintenance, $32,559,000, to remain available until expended: Provided, 
That not to exceed 5 percent of amounts which are made available for 
space rental and related costs for the Department of Agriculture in this 
Act may be transferred between such appropriations to cover the costs of 
new or replacement space 15 days after notice thereof is transmitted to 
the Appropriations Committees of both Houses of Congress.

                     Hazardous Materials Management

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and 
Recovery Act (42 U.S.C. 6901 et seq.),

[[Page 118 STAT. 7]]

$15,611,000, to remain available until expended: Provided, That 
appropriations and funds available herein to the Department for 
Hazardous Materials Management may be transferred to any agency of the 
Department for its use in meeting all requirements pursuant to the above 
Acts on Federal and non-Federal lands.

                       Departmental Administration

    For Departmental Administration, $23,031,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration, security, repairs and 
alterations, and other miscellaneous supplies and expenses not otherwise 
provided for and necessary for the practical and efficient work of the 
Department: Provided, That this appropriation shall be reimbursed from 
applicable appropriations in this Act for travel expenses incident to 
the holding of hearings as required by 5 U.S.C. 551-558.

      Office of the Assistant Secretary for Congressional Relations

    For necessary salaries and expenses of the Office of the Assistant 
Secretary for Congressional Relations to carry out the programs funded 
by this Act, including programs involving intergovernmental affairs and 
liaison within the executive branch, $3,796,000: Provided, That these 
funds may be transferred to agencies of the Department of Agriculture 
funded by this Act to maintain personnel at the agency level: Provided 
further, That no funds made available by this appropriation may be 
obligated after 30 days from the date of enactment of this Act, unless 
the Secretary has notified the Committees on Appropriations of both 
Houses of Congress on the allocation of these funds by USDA agency: 
Provided further, That no other funds appropriated to the Department by 
this Act shall be available to the Department for support of activities 
of congressional relations.

                        Office of Communications

    For necessary expenses to carry out services relating to the 
coordination of programs involving public affairs, for the dissemination 
of agricultural information, and the coordination of information, work, 
and programs authorized by Congress in the Department, $9,228,000: 
Provided, That not to exceed $2,000,000 may be used for farmers' 
bulletins.

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General, 
including employment pursuant to the Inspector General Act of 1978, 
$77,281,000, including such sums as may be necessary for contracting and 
other arrangements with public agencies and private persons pursuant to 
section 6(a)(9) of the Inspector General Act of 1978, and including not 
to exceed $125,000 for certain confidential operational expenses, 
including the payment of informants,

[[Page 118 STAT. 8]]

to be expended under the direction of the Inspector General pursuant to 
Public Law 95-452 and section 1337 of Public Law 97-98.

                      Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$34,700,000.

   Office of the Under Secretary for Research, Education and Economics

    For necessary salaries and expenses of the Office of the Under 
Secretary for Research, Education and Economics to administer the laws 
enacted by the Congress for the Economic Research Service, the National 
Agricultural Statistics Service, the Agricultural Research Service, and 
the Cooperative State Research, Education, and Extension Service, 
$596,000.

                        Economic Research Service

    For necessary expenses of the Economic Research Service in 
conducting economic research and analysis, as authorized by the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, 
$71,402,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service in conducting statistical reporting and service work, including 
crop and livestock estimates, statistical coordination and improvements, 
marketing surveys, and the Census of Agriculture, as authorized by 7 
U.S.C. 1621-1627 and 2204g, and other laws, $128,922,000, of which up to 
$25,279,000 shall be available until expended for the Census of 
Agriculture.

                      Agricultural Research Service

    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, or 
purchase at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be equalized 
by a payment of money to the grantor which shall not exceed 25 percent 
of the total value of the land or interests transferred out of Federal 
ownership, $1,088,892,000: Provided, That <<NOTE: 7 USC 
2254.>> appropriations hereunder shall be available for the operation 
and maintenance of aircraft and the purchase of not to exceed one for 
replacement only: Provided further, That appropriations hereunder shall 
be available pursuant to 7 U.S.C. 2250 for the construction, alteration, 
and repair of buildings and improvements, but unless otherwise provided, 
the cost of constructing any one building shall not exceed $375,000, 
except for headhouses or greenhouses which shall each be limited to 
$1,200,000, and except

[[Page 118 STAT. 9]]

for 10 buildings to be constructed or improved at a cost not to exceed 
$750,000 each, and the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement value 
of the building or $375,000, whichever is greater: Provided further, 
That the limitations on alterations contained in this Act shall not 
apply to modernization or replacement of existing facilities 
at <<NOTE: Maryland.>> Beltsville, Maryland: Provided further, That 
appropriations hereunder shall be available for granting easements at 
the Beltsville Agricultural Research Center: Provided further, That the 
foregoing limitations shall not apply to replacement of buildings needed 
to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided 
further, That funds may be received from any State, other political 
subdivision, organization, or individual for the purpose of establishing 
or operating any research facility or research project of the 
Agricultural Research Service, as authorized by law: Provided further, 
That <<NOTE: Colorado State University.>> all rights and title of the 
United States in the 1.0664-acre parcel of land including improvements, 
as recorded at Book 1320, Page 253, records of Larimer County, State of 
Colorado, shall be conveyed to the Board of Governors of the Colorado 
State University for the benefit of Colorado State University.

    None of the funds appropriated under this heading shall be available 
to carry out research related to the production, processing or marketing 
                     of tobacco or tobacco products.

    For acquisition of land, construction, repair, improvement, 
extension, alteration, and purchase of fixed equipment or facilities as 
necessary to carry out the agricultural research programs of the 
Department of Agriculture, where not otherwise provided, $63,810,000, to 
remain available until expended.

      Cooperative State Research, Education, and Extension Service

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$621,447,000, as follows: to carry out the provisions of the Hatch Act 
of 1887 (7 U.S.C. 361a-i), $180,148,000; for grants for cooperative 
forestry research (16 U.S.C. 582a through a-7), $21,884,000; for 
payments to the 1890 land-grant colleges, including Tuskegee University 
and West Virginia State College (7 U.S.C. 3222), $36,000,000, of which 
$1,507,496 shall be made available only for the purpose of ensuring that 
each institution shall receive no less than $1,000,000; for special 
grants for agricultural research (7 U.S.C. 450i(c)), $111,312,000; for 
special grants for agricultural research on improved pest control (7 
U.S.C. 450i(c)), $13,675,000; for competitive research grants (7 U.S.C. 
450i(b)), $165,000,000; for the support of animal health and disease 
programs (7 U.S.C. 3195), $4,559,000; for supplemental and alternative 
crops and products (7 U.S.C. 3319d), $1,069,000; for grants for research 
pursuant to the Critical Agricultural Materials Act (7 U.S.C. 178 et 
seq.), $1,118,000, to remain available until expended; for the 1994 
research grants program for 1994 institutions pursuant to section 536 of 
Public Law 103-382 (7 U.S.C. 301 note), $1,093,000, to

[[Page 118 STAT. 10]]

remain available until expended; for rangeland research grants (7 U.S.C. 
3333), $900,000; for higher education graduate fellowship grants (7 
U.S.C. 3152(b)(6)), $2,900,000, to remain available until expended (7 
U.S.C. 2209b); for higher education challenge grants (7 U.S.C. 
3152(b)(1)), $4,888,000; for a higher education multicultural scholars 
program (7 U.S.C. 3152(b)(5)), $992,000, to remain available until 
expended (7 U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $4,673,000; for noncompetitive 
grants for the purpose of carrying out all provisions of 7 U.S.C. 3242 
(section 759 of Public Law 106-78) to individual eligible institutions 
or consortia of eligible institutions in Alaska and in Hawaii, with 
funds awarded equally to each of the States of Alaska and Hawaii, 
$3,150,000; for a secondary agriculture education program and 2-year 
post-secondary education (7 U.S.C. 3152(j)), $895,000; for aquaculture 
grants (7 U.S.C. 3322), $4,024,000; for sustainable agriculture research 
and education (7 U.S.C. 5811), $12,295,000; for a program of capacity 
building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive 
funds under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), 
including Tuskegee University and West Virginia State College, 
$11,479,000, to remain available until expended (7 U.S.C. 2209b); for 
payments to the 1994 Institutions pursuant to section 534(a)(1) of 
Public Law 103-382, $1,689,000; and for necessary expenses of Research 
and Education Activities, $37,704,000.
    None of the funds appropriated under this heading shall be available 
to carry out research related to the production, processing or marketing 
of tobacco or tobacco products: Provided, That this paragraph shall not 
apply to research on the medical, biotechnological, food, and industrial 
                            uses of tobacco.

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

    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa, 
$441,731,000, as follows: payments for cooperative extension work under 
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of 
said Act, and under section 208(c) of Public Law 93-471, for retirement 
and employees' compensation costs for extension agents, $279,390,000; 
payments for extension work at the 1994 Institutions under the Smith-
Lever Act (7 U.S.C. 343(b)(3)), $2,946,000; payments for the nutrition 
and family education program for low-income areas under section 3(d) of 
the Act, $52,366,000; payments for the pest management program under 
section 3(d) of the Act, $9,620,000; payments for the farm safety 
program under section 3(d) of the Act, $4,940,000; payments to upgrade 
research, extension, and teaching facilities at the 1890 land-grant 
colleges, including Tuskegee University and West Virginia State College, 
as authorized by section 1447 of Public Law 95-113 (7 U.S.C. 3222b), 
$15,000,000, to remain available until expended; payments for youth-at-
risk programs under section 3(d) of the Smith-Lever Act, $7,583,000; for 
youth farm safety education and certification extension grants, to be 
awarded competitively under section 3(d) of the Act, $446,000; payments 
for carrying

[[Page 118 STAT. 11]]

out the provisions of the Renewable Resources Extension Act of 1978 (16 
U.S.C. 1671 et seq.), $4,064,000; payments for Indian reservation agents 
under section 3(d) of the Smith-Lever Act, $1,785,000; payments for 
sustainable agriculture programs under section 3(d) of the Act, 
$4,359,000; payments for rural health and safety education as authorized 
by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), $2,345,000; 
payments for cooperative extension work by the colleges receiving the 
benefits of the second Morrill Act (7 U.S.C. 321-326 and 328) and 
Tuskegee University and West Virginia State College, $31,908,000, of 
which $1,724,884 shall be made available only for the purpose of 
ensuring that each institution shall receive no less than $1,000,000; 
for grants to youth organizations pursuant to section 7630 of title 7, 
United States Code, $2,683,000; and for necessary expenses of Extension 
                        Activities, $22,296,000.

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $50,493,000, as 
follows: for competitive grants programs authorized under section 406 of 
the Agricultural Research, Extension, and Education Reform Act of 1998 
(7 U.S.C. 7626), $39,793,000, including $11,598,000 for the water 
quality program, $13,384,000 for the food safety program, $4,052,000 for 
the regional pest management centers program, $4,371,000 for the Food 
Quality Protection Act risk mitigation program for major food crop 
systems, $1,338,000 for the crops affected by Food Quality Protection 
Act implementation, $3,150,000 for the methyl bromide transition 
program, and $1,900,000 for the organic transition program; for a 
competitive international science and education grants program 
authorized under section 1459A of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain 
available until expended, $900,000; for grants programs authorized under 
section 2(c)(1)(B) of Public Law 89-106, as amended, $1,800,000, 
including $447,000, to remain available until September 30, 2005 for the 
critical issues program, and $1,353,000 for the regional rural 
development centers program; and $8,000,000 for the homeland security 
program authorized under section 1484 of the National Agricultural 
Research, Extension, and Teaching Act of 1977, to remain available until 
                           September 30, 2005.

    For grants and contracts pursuant to section 2501 of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 
$5,970,000, to remain available until expended.

   Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary salaries and expenses of the Office of the Under 
Secretary for Marketing and Regulatory Programs to administer programs 
under the laws enacted by the Congress for the Animal and Plant Health 
Inspection Service; the Agricultural Marketing Service; and the Grain 
Inspection, Packers and Stockyards Administration, $725,000.

[[Page 118 STAT. 12]]

               Animal and Plant Health Inspection Service

    For expenses, not otherwise provided for, necessary to prevent, 
control, and eradicate pests and plant and animal diseases; to carry out 
inspection, quarantine, and regulatory activities; and to protect the 
environment, as authorized by law, $720,580,000, of which $4,112,000 
shall be available for the control of outbreaks of insects, plant 
diseases, animal diseases and for control of pest animals and birds to 
the extent necessary to meet emergency conditions; of which $51,000,000 
shall be used for the boll weevil eradication program for cost share 
purposes or for debt retirement for active eradication zones: Provided, 
That no funds shall be used to formulate or administer a brucellosis 
eradication program for the current fiscal year that does not require 
minimum matching by the States of at least 40 percent: Provided further, 
That this appropriation shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed four, of which 
two shall be for replacement only: Provided further, That, in addition, 
in emergencies which threaten any segment of the agricultural production 
industry of this country, the Secretary may transfer from other 
appropriations or funds available to the agencies or corporations of the 
Department such sums as may be deemed necessary, to be available only in 
such emergencies for the arrest and eradication of contagious or 
infectious disease or pests of animals, poultry, or plants, and for 
expenses in accordance with sections 10411 and 10417 of the Animal 
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended 
balances of funds transferred for such emergency purposes in the 
preceding fiscal year shall be merged with such transferred amounts: 
Provided further, That appropriations hereunder shall be available 
pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased 
buildings and improvements, but unless otherwise provided the cost of 
altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.
    In fiscal year 2004, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic and 
international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, or 
services provided to the entity by the agency, and such fees shall be 
credited to this account, to remain available until expended, without 
further appropriation, for providing such assistance, goods, or 
                                services.

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $4,996,000, to 
remain available until expended.

[[Page 118 STAT. 13]]

                     Agricultural Marketing Service

     For necessary expenses to carry out services related to consumer 
protection, agricultural marketing and distribution, transportation, and 
regulatory programs, as authorized by law, and for administration and 
coordination of payments to States, $75,430,000, including funds for the 
wholesale market development program for the design and development of 
wholesale and farmer market facilities for the major metropolitan areas 
of the country: Provided, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building: Provided 
further, <<NOTE: Certificates.>> That, in the case of the term of 
protection for the variety for which certificate number 8200179 was 
issued, on the date of enactment of this Act, the Secretary of 
Agriculture shall issue a new certificate for a term of protection of 10 
years for the variety, except that the Secretary may terminate the 
certificate (at the end of any calendar year that is more than 5 years 
after the date of issuance of the certificate) if the Secretary 
determines that a new variety of seed (that is substantially based on 
the genetics of the variety for which the certificate was issued) is 
commercially viable and available in sufficient quantities to meet 
market demands.

    Fees may be collected for the cost of standardization activities, as 
       established by regulation pursuant to law (31 U.S.C. 9701).

    Not to exceed $62,577,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: 
Provided, <<NOTE: Notification. Funds for Strengthening Markets, Income, 
and Supply (Section 32) (including transfers of funds)>> That if crop 
size is understated and/or other uncontrollable events occur, the agency 
may exceed this limitation by up to 10 percent with notification to the 
        Committees on Appropriations of both Houses of Congress.

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, except for: 
(1) transfers to the Department of Commerce as authorized by the Fish 
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in 
this Act; and (3) not more than $15,392,000 for formulation and 
administration of marketing agreements and orders pursuant to the 
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 
                                  1961.

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946

[[Page 118 STAT. 14]]

(7 U.S.C. 1623(b)), $3,338,000, of which not less than $2,000,000 shall 
be used to make noncompetitive grants under this heading.

         Grain Inspection, Packers and Stockyards Administration

    For necessary expenses to carry out the provisions of the United 
States Grain Standards Act, for the administration of the Packers and 
Stockyards Act, for certifying procedures used to protect purchasers of 
farm products, and the standardization activities related to grain under 
the Agricultural Marketing Act of 1946, $35,890,000: Provided, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the 
alteration and repair of buildings and improvements, but the cost of 
altering any one building during the fiscal year shall not exceed 10 
        percent of the current replacement value of the building.

    Not to exceed $42,463,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services: 
Provided, <<NOTE: Notification.>> That if grain export activities 
require additional supervision and oversight, or other uncontrollable 
factors occur, this limitation may be exceeded by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

              Office of the Under Secretary for Food Safety

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food Safety to administer the laws enacted by the Congress 
for the Food Safety and Inspection Service, $599,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $784,511,000, of which no 
less than $701,823,000 shall be available for Federal food safety 
inspection; and in addition, $1,000,000 may be credited to this account 
from fees collected for the cost of laboratory accreditation as 
authorized by section 1327 of the Food, Agriculture, Conservation and 
Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 50 full 
time equivalent positions above the fiscal year 2002 level shall be 
employed during fiscal year 2004 for purposes dedicated solely to 
inspections and enforcement related to the Humane Methods of Slaughter 
Act: Provided further, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.

[[Page 118 STAT. 15]]

Office of the Under Secretary for Farm and Foreign Agricultural Services

    For necessary salaries and expenses of the Office of the Under 
Secretary for Farm and Foreign Agricultural Services to administer the 
laws enacted by Congress for the Farm Service Agency, the Foreign 
Agricultural Service, the Risk Management Agency, and the Commodity 
Credit Corporation, $635,000.

                           Farm Service Agency

    For necessary expenses for carrying out the administration and 
implementation of programs administered by the Farm Service Agency, 
$988,768,000: Provided, That the Secretary is authorized to use the 
services, facilities, and authorities (but not the funds) of the 
Commodity Credit Corporation to make program payments for all programs 
administered by the Agency: Provided further, That other funds made 
available to the Agency for authorized activities may be advanced to and 
                        merged with this account.

    For grants pursuant to section 502(b) of the Agricultural Credit Act 
          of 1987, as amended (7 U.S.C. 5101-5106), $3,974,000.

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, $100,000, to remain available until expended: 
Provided, That such program is carried out by the Secretary in the same 
manner as the dairy indemnity program described in the Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
   Appropriations Act, 2001 (Public Law 106-387; 114 Stat. 1549A-12).

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from 
funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,079,158,000, of which $950,000,000 shall be for 
guaranteed loans and $129,158,000 shall be for direct loans; operating 
loans, $2,083,752,000, of which $1,200,000,000 shall be for unsubsidized 
guaranteed loans, $266,249,000 shall be for subsidized guaranteed loans 
and $617,503,000 shall be for direct loans; Indian tribe land 
acquisition loans, $2,000,000; and for boll weevil eradication program 
loans, $100,000,000.

[[Page 118 STAT. 16]]

    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $33,648,000, of which 
$5,130,000 shall be for guaranteed loans, and $28,518,000 shall be for 
direct loans; operating loans, $163,004,000, of which $39,960,000 shall 
be for unsubsidized guaranteed loans, $34,000,000 shall be for 
subsidized guaranteed loans, and $89,044,000 shall be for direct loans.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $290,968,000, of which $283,020,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs: 
Provided, <<NOTE: Notification. Deadline.>> That the Committees on 
Appropriations of both Houses of Congress are notified at least 15 days 
in advance of any transfer.

                         Risk Management Agency

    For administrative and operating expenses, as authorized by section 
226A of the Department of Agriculture Reorganization Act of 1994 (7 
U.S.C. 6933), $71,422,000: Provided, That not to exceed $1,000 shall be 
available for official reception and representation expenses, as 
authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, and 
to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                 Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                    Commodity Credit Corporation Fund

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
               Act of August 17, 1961 (15 U.S.C. 713a-11).

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

[[Page 118 STAT. 17]]

cleanup expenses, and operations and maintenance expenses to comply with 
the requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 
6961).

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

    For necessary salaries and expenses of the Office of the Under 
Secretary for Natural Resources and Environment to administer the laws 
enacted by the Congress for the Forest Service and the Natural Resources 
Conservation Service, $745,000.

                 Natural Resources Conservation Service

    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation 
plans and establishment of measures to conserve soil and water 
(including farm irrigation and land drainage and such special measures 
for soil and water management as may be necessary to prevent floods and 
the siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$853,004,000, to remain available until expended (7 U.S.C. 2209b), of 
which not less than $9,250,000 is for snow survey and water forecasting, 
and not less than $11,500,000 is for operation and establishment of the 
plant materials centers, and of which not less than $23,500,000 shall be 
for the grazing lands conservation initiative: Provided, That 
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 
for construction and improvement of buildings and public improvements at 
plant materials centers, except that the cost of alterations and 
improvements to other buildings and other public improvements shall not 
exceed $250,000: Provided further, That when buildings or other 
structures are erected on non-Federal land, that the right to use such 
land is obtained as provided in 7 U.S.C. 2250a: Provided further, That 
this appropriation shall be available for technical assistance and 
related expenses to carry out programs authorized by section 202(c) of 
title II of the Colorado River Basin Salinity Control Act of 1974 (43 
U.S.C. 1592(c)): Provided further, That qualified local engineers may be 
temporarily employed at per diem rates to perform the technical planning 
work of the Service: Provided further, That none of the funds made 
available under this paragraph by this or any other appropriations Act 
may be used to provide technical assistance

[[Page 118 STAT. 18]]

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

    For necessary expenses to conduct research, investigation, and 
surveys of watersheds of rivers and other waterways, and for small 
watershed investigations and planning, in accordance with the Watershed 
Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $10,562,000: 
Provided, That none of the funds made available under this paragraph by 
this or any other appropriations Act may be used to provide technical 
assistance with respect to programs listed in section 1241(a) of the 
             Food Security Act of 1985 (16 U.S.C. 3841(a)).

    For necessary expenses to carry out preventive measures, including 
but not limited to research, engineering operations, methods of 
cultivation, the growing of vegetation, rehabilitation of existing works 
and changes in use of land, in accordance with the Watershed Protection 
and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the 
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in 
accordance with the provisions of laws relating to the activities of the 
Department, $87,000,000, to remain available until expended; of which up 
to $10,000,000 may be available for the watersheds authorized under the 
Flood Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a): Provided, That 
not to exceed $40,000,000 of this appropriation shall be available for 
technical assistance: Provided further, That not to exceed $1,000,000 of 
this appropriation is available to carry out the purposes of the 
Endangered Species Act of 1973 (Public Law 93-205), including 
cooperative efforts as contemplated by that Act to relocate endangered 
or threatened species to other suitable habitats as may be necessary to 
expedite project construction: Provided further, That none of the funds 
made available under this paragraph by this or any other appropriations 
Act may be used to provide technical assistance with respect to programs 
listed in section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 
                                3841(a)).

    For necessary expenses to carry out rehabilitation of structural 
measures, in accordance with section 14 of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the 
provisions of laws relating to the activities of the Department, 
$29,805,000, to remain available until expended: Provided, That none of 
the funds made available under this paragraph by this or any other 
appropriations Act may be used to provide technical assistance with 
respect to programs listed in section 1241(a) of the Food Security Act 
                      of 1985 (16 U.S.C. 3841(a)).

    For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant to 
the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant 
Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16 
U.S.C. 590a-f); and subtitle H of title

[[Page 118 STAT. 19]]

XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451-3461), 
$51,947,000, to remain available until expended: Provided, That none of 
the funds made available under this paragraph by this or any other 
appropriations Act may be used to provide technical assistance with 
respect to programs listed in section 1241(a) of the Food Security Act 
of <<NOTE: Contracts.>> 1985 (16 U.S.C. 3841(a)): Provided further, That 
the Secretary shall enter into a cooperative or contribution agreement 
with a national association regarding a Resource Conservation and 
Development program and such agreement shall contain the same matching, 
contribution requirements, and funding level, set forth in a similar 
cooperative or contribution agreement with a national association in 
fiscal year 2002: Provided further, That not to exceed $3,504,300, the 
same amount as in the budget, shall be available for national 
headquarters activities.

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

    For necessary salaries and expenses of the Office of the Under 
Secretary for Rural Development to administer programs under the laws 
enacted by the Congress for the Rural Housing Service, the Rural 
Business-Cooperative Service, and the Rural Utilities Service of the 
                  Department of Agriculture, $636,000.

    For the cost of direct loans, loan guarantees, and grants, as 
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for 
sections 381E-H and 381N of the Consolidated Farm and Rural Development 
Act, $757,425,000, to remain available until expended, of which 
$75,919,000 shall be for rural community programs described in section 
381E(d)(1) of such Act; of which $605,006,000 shall be for the rural 
utilities programs described in sections 381E(d)(2), 306C(a)(2), and 
306D of such Act, of which not to exceed $500,000 shall be available for 
the rural utilities program described in section 306(a)(2)(B) of such 
Act, and of which not to exceed $1,000,000 shall be available for the 
rural utilities program described in section 306E of such Act; and of 
which $76,500,000 shall be for the rural business and cooperative 
development programs described in sections 381E(d)(3) and 310B(f) of 
such Act: Provided, That of the amount appropriated for rural business 
and cooperative development programs, $100,000 shall be for a pilot 
program in the State of Alaska to assist communities with community 
planning: Provided further, That of the total amount appropriated in 
this account, $24,000,000 shall be for loans and grants to benefit 
federally recognized Native American tribes, including grants for 
drinking water and waste disposal systems pursuant to section 306C of 
such Act, of which $4,000,000 shall be available for community 
facilities grants to tribal colleges, as authorized by section 
306(a)(19) of the Consolidated Farm and Rural Development Act, and of 
which $250,000 shall be available for a grant to a qualified national 
organization to provide technical assistance for rural transportation in 
order to promote economic development:

[[Page 118 STAT. 20]]

Provided further, That of the amount appropriated for rural community 
programs, $6,000,000 shall be available for a Rural Community 
Development Initiative: Provided further, That such funds shall be used 
solely to develop the capacity and ability of private, nonprofit 
community-based housing and community development organizations, low-
income rural communities, and federally recognized Native American 
tribes to undertake projects to improve housing, community facilities, 
community and economic development projects in rural areas: Provided 
further, That such funds shall be made available to qualified private, 
nonprofit and public intermediary organizations proposing to carry out a 
program of financial and technical assistance: Provided further, That 
such intermediary organizations shall provide matching funds from other 
sources, including Federal funds for related activities, in an amount 
not less than funds provided: Provided further, That of the amount 
appropriated for the rural business and cooperative development 
programs, not to exceed $500,000 shall be made available for a grant to 
a qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development; 
$1,750,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 
1921 et seq.); and not less than $2,000,000 shall be available for 
grants in accordance with section 310B(f) of the Consolidated Farm and 
Rural Development Act: Provided further, That of the amount appropriated 
for rural utilities programs, not to exceed $25,000,000 shall be for 
water and waste disposal systems to benefit the Colonias along the 
United States/Mexico border, including grants pursuant to section 306C 
of such Act; not to exceed $28,000,000 shall be for water and waste 
disposal systems for rural and native villages in Alaska pursuant to 
section 306D of such Act, with up to 1 percent available to administer 
the program and up to 1 percent available to improve interagency 
coordination may be transferred to and merged with the appropriation for 
``Rural Development, Salaries and Expenses'', of which $100,000 shall be 
provided to develop a regional system for centralized billing, 
operation, and management of rural water and sewer utilities through 
regional cooperatives, of which 25 percent shall be provided for water 
and sewer projects in regional hubs, and the State of Alaska shall 
provide a 25 percent cost share; not to exceed $17,733,000 shall be for 
technical assistance grants for rural water and waste systems pursuant 
to section 306(a)(14) of such Act, of which $5,513,000 shall be for 
Rural Community Assistance Programs; and not to exceed $13,000,000 shall 
be for contracting with qualified national organizations for a circuit 
rider program to provide technical assistance for rural water systems: 
Provided further, That of the amount appropriated for the circuit rider 
program, Alaska shall receive two additional full circuit rider 
contracts and not less than $750,000 shall be for contracting with 
qualified national organizations to establish a Native American circuit 
rider program to provide technical assistance for rural water systems: 
Provided further, That of the total amount appropriated, not to exceed 
$22,132,000 shall be available through June 30, 2004, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
Zones; of which $1,000,000 shall be for the rural community programs 
described in section 381E(d)(1) of such Act, of which $12,582,000 shall 
be for the rural utilities programs described in section 381E(d)(2) of 
such Act, and

[[Page 118 STAT. 21]]

of which $8,550,000 shall be for the rural business and cooperative 
development programs described in section 381E(d)(3) of such Act: 
Provided further, That of the amount appropriated for rural community 
programs, not to exceed $22,000,000 shall be to provide grants for 
facilities in rural communities with extreme unemployment and severe 
economic depression (Public Law 106-387), with 5 percent for 
administration and capacity building in the State rural development 
offices: Provided further, That of the amount appropriated, $28,000,000 
shall be transferred to and merged with the ``Rural Utilities Service, 
High Energy Cost Grants Account'' to provide grants authorized under 
section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): 
Provided further, That any prior year balances for high cost energy 
grants authorized by section 19 of the Rural Electrification Act of 1936 
(7 U.S.C. 901(19)) shall be transferred to and merged with the ``Rural 
Utilities Service, High Energy Costs Grants Account''.

                 Rural Development Salaries and Expenses

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements, 
$141,869,000: Provided, That notwithstanding any other provision of law, 
funds appropriated under this section may be used for advertising and 
promotional activities that support the Rural Development mission area: 
Provided further, That not more than $10,000 may be expended to provide 
modest nonmonetary awards to non-USDA employees: Provided further, That 
any balances available from prior years for the Rural Utilities Service, 
Rural Housing Service, and the Rural Business-Cooperative Service 
salaries and expenses accounts shall be transferred to and merged with 
this appropriation.

                          Rural Housing Service

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance fund, as follows: 
$4,091,634,000 for loans to section 502 borrowers, as determined by the 
Secretary, of which $1,366,462,000 shall be for direct loans, and of 
which $2,725,172,000 shall be for unsubsidized guaranteed loans; 
$35,004,000 for section 504 housing repair loans; $116,545,000 for 
section 515 rental housing; $100,000,000 for section 538 guaranteed 
multi-family housing loans; $5,045,000 for section 524 site loans; 
$11,500,000 for credit sales of acquired property, of which up to 
$1,500,000 may be for multi-family credit sales; and $2,400,000 for 
section 523 self-help housing land development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans,

[[Page 118 STAT. 22]]

$165,921,000, of which $126,018,000 shall be for direct loans, and of 
which $39,903,000, to remain available until expended, shall be for 
unsubsidized guaranteed loans; section 504 housing repair loans, 
$9,612,000; section 515 rental housing, $50,126,000; section 538 multi-
family housing guaranteed loans, $5,950,000; multi-family credit sales 
of acquired property, $663,000; and section 523 self-help housing land 
development loans, $75,000: Provided, That of the total amount 
appropriated in this paragraph, $7,100,000 shall be available through 
June 30, 2004, for authorized empowerment zones and enterprise 
communities and communities designated by the Secretary of Agriculture 
as Rural Economic Area Partnership Zones.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $443,302,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
                  Development, Salaries and Expenses''.

    For rental assistance agreements entered into or renewed pursuant to 
the authority under section 521(a)(2) or agreements entered into in lieu 
of debt forgiveness or payments for eligible households as authorized by 
section 502(c)(5)(D) of the Housing Act of 1949, $584,000,000; and, in 
addition, such sums as may be necessary, as authorized by section 521(c) 
of the Act, to liquidate debt incurred prior to fiscal year 1992 to 
carry out the rental assistance program under section 521(a)(2) of the 
Act: Provided, That of this amount, not more than $5,900,000 shall be 
available for debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Act, and not to exceed $20,000 
per project for advances to nonprofit organizations or public agencies 
to cover direct costs (other than purchase price) incurred in purchasing 
projects pursuant to section 502(c)(5)(C) of the Act: Provided 
further, <<NOTE: Contracts. Mutual and Self-Help Housing Grants>> That 
agreements entered into or renewed during the current fiscal year shall 
be funded for a 4-year period: Provided further, That any unexpended 
balances remaining at the end of such 4-year agreements may be 
transferred and used for the purposes of any debt reduction; 
maintenance, repair, or rehabilitation of any existing projects; 
preservation; and rental assistance activities authorized under title V 
                               of the Act.

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available 
until expended: Provided, That of the total amount appropriated, 
$1,000,000 shall be available through June 30, 2004, for authorized 
empowerment zones and enterprise communities and communities designated 
by the Secretary of Agriculture as Rural Economic Area Partnership 
                                 Zones.

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$46,222,000, to remain available until expended, of which

[[Page 118 STAT. 23]]

$5,000,000 shall be available for a processing and/or fishery workers 
housing demonstration project in Alaska, Mississippi, Utah, and 
Wisconsin: Provided, That of the total amount appropriated, $1,800,000 
shall be available through June 30, 2004, for authorized empowerment 
zones and enterprise communities and communities designated by the 
   Secretary of Agriculture as Rural Economic Area Partnership Zones.

    For the cost of direct loans, grants, and contracts, as authorized 
by 42 U.S.C. 1484 and 1486, $36,307,000, to remain available until 
expended, for direct farm labor housing loans and domestic farm labor 
housing grants and contracts.

                   Rural Business--Cooperative Service

     For the principal amount of direct loans, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), $40,000,000.
    For the cost of direct loans, $17,308,000, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000 
shall be available through June 30, 2004, for Federally Recognized 
Native American Tribes and of which $3,449,000 shall be available 
through June 30, 2004, for the Delta Regional Authority (7 U.S.C. 1921 
et seq.): Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That of the total amount 
appropriated, $2,447,000 shall be available through June 30, 2004, for 
the cost of direct loans for authorized empowerment zones and enterprise 
communities and communities designated by the Secretary of Agriculture 
as Rural Economic Area Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,272,000 shall be transferred to and merged with the 
     appropriation for ``Rural Development, Salaries and Expenses''.

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$15,002,000.
    For the cost of direct loans, including the cost of modifying loans 
as defined in section 502 of the Congressional Budget Act of 1974, 
$2,792,000.
    Of the funds derived from interest on the cushion of credit payments 
in the current fiscal year, as authorized by section 313 of the Rural 
Electrification Act of 1936, $2,792,000 shall not be obligated and 
$2,792,000 are rescinded.

[[Page 118 STAT. 24]]

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $24,000,000, of which $2,500,000 shall be for cooperative 
agreements for the appropriate technology transfer for rural areas 
program: Provided, That not to exceed $1,500,000 shall be for 
cooperatives or associations of cooperatives whose primary focus is to 
provide assistance to small, minority producers and whose governing 
board and/or membership is comprised of at least 75 percent minority; 
and of which not to exceed $15,000,000, to remain available until 
expended, shall be for value-added agricultural product market 
development grants, as authorized by section 6401 of the Farm Security 
         and Rural Investment Act of 2002 (7 U.S.C. 1621 note).

    For grants in connection with second and third rounds of empowerment 
zones and enterprise communities, $12,667,000, to remain available until 
expended, for designated rural empowerment zones and rural enterprise 
communities, as authorized by the Taxpayer Relief Act of 1997 and the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 
(Public Law 105-277): Provided, That of the funds appropriated, 
$1,000,000 shall be made available to third round empowerment zones, as 
authorized by the Community Renewal Tax Relief Act (Public Law 106-554).

    For the cost of a program of direct loans, loan guarantees, and 
grants, under the same terms and conditions as authorized by section 
9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8106), $23,000,000 for direct and guaranteed renewable energy loans and 
grants: Provided, That the cost of direct loans and loan guarantees, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974.

                         Rural Utilities Service

    Insured loans pursuant to the authority of section 305 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 
percent rural electrification loans, $240,000,000; municipal rate rural 
electric loans, $1,000,000,000; loans made pursuant to section 306 of 
that Act, rural electric, $2,000,000,000; Treasury rate direct electric 
loans, $750,000,000; 5 percent rural telecommunications loans, 
$145,000,000; cost of money rural telecommunications loans, 
$250,000,000; loans made pursuant to section 306 of that Act, rural 
telecommunications loans, $120,000,000; and for guaranteed underwriting 
loans pursuant to section 313A, $1,000,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct

[[Page 118 STAT. 25]]

and guaranteed loans authorized by sections 305 and 306 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of 
rural electric loans, $60,000, and the cost of telecommunication loans, 
$125,000: Provided, That notwithstanding section 305(d)(2) of the Rural 
Electrification Act of 1936, borrower interest rates may exceed 7 
percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $37,853,000 which shall be 
transferred to and merged with the appropriation for ``Rural 
                  Development, Salaries and Expenses''.

    The Rural Telephone Bank is hereby authorized to make such 
expenditures, within the limits of funds available to such corporation 
in accord with law, and to make such contracts and commitments without 
regard to fiscal year limitations as provided by section 104 of the 
Government Corporation Control Act, as may be necessary in carrying out 
its authorized programs. During fiscal year 2004 and within the 
resources and authority available, gross obligations for the principal 
amount of direct loans shall be $173,503,000.
    In addition, for administrative expenses, including audits, 
necessary to carry out the loan programs, $3,171,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
                  Development, Salaries and Expenses''.

    For the principal amount of direct distance learning and 
telemedicine loans, $300,000,000; and for the principal amount of direct 
broadband telecommunication loans, $602,000,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $39,000,000, to remain 
available until expended: Provided, That $14,000,000 shall be made 
available to convert analog to digital operation those noncommercial 
educational television broadcast stations that serve rural areas and are 
qualified for Community Service Grants by the Corporation for Public 
Broadcasting under section 396(k) of the Communications Act of 1934, 
including associated translators, repeaters, and studio-to-transmitter 
links.
    For the cost of broadband loans, as authorized by 7 U.S.C. 901 et 
seq., $13,116,000: Provided, That the interest rate for such loans shall 
be the cost of borrowing to the Department of the Treasury for 
obligations of comparable maturity: Provided further, That the cost of 
direct loans shall be as defined in section 502 of the Congressional 
Budget Act of 1974.
    In addition, $9,000,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

[[Page 118 STAT. 26]]

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

 Office of the Under Secretary for Food, Nutrition and Consumer Services

    For necessary salaries and expenses of the Office of the Under 
Secretary for Food, Nutrition and Consumer Services to administer the 
laws enacted by the Congress for the Food and Nutrition Service, 
$599,000.

                       Food and Nutrition Service

    For necessary expenses to carry out the National School Lunch Act 
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; 
$11,417,441,000, to remain available through September 30, 2005, of 
which $6,717,780,000 is hereby appropriated and $4,699,661,000 shall be 
derived by transfer from funds available under section 32 of the Act of 
August 24, 1935 (7 U.S.C. 612c): Provided, <<NOTE: Study. Special 
Supplemental Nutrition Program for Women, Infants, and Children 
(WIC)>> That $5,000,000 shall be available for the Food and Nutrition 
Service to conduct a study of over and under certification errors and 
the effect on expenditures in the National School Lunch and School 
Breakfast Programs and an assessment of the feasibility of using income 
data matching in those programs: Provided further, That except as 
specifically provided under this heading, none of the funds made 
available under this heading shall be used for studies and evaluations: 
Provided further, That up to $5,235,000 shall be available for 
         independent verification of school food service claims.

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $4,639,232,000, to remain available through 
September 30, 2005: Provided, That of the total amount available, the 
Secretary shall obligate not less than $15,000,000 for a breastfeeding 
support initiative in addition to the activities specified in section 
17(h)(3)(A) and up to $25,000,000 for a management information system 
initiative upon a determination by the Secretary that funds are 
available to meet caseload requirements: Provided further, That up to 
$4,000,000 shall be available for pilot projects to prevent childhood 
obesity upon a determination by the Secretary that funds are available 
to meet caseload requirements: Provided further, That of the total 
amount available, the Secretary shall obligate $23,000,000 for the 
farmers' market nutrition program: Provided further, That 
notwithstanding section 17(h)(10)(A) of such Act, $14,000,000 shall be 
available for the purposes specified in section 17(h)(10)(B): Provided 
further, That none of the funds made available under this heading shall 
be used for studies and evaluations: Provided further, That none of the 
funds in this Act shall be available to pay administrative expenses of 
WIC clinics

[[Page 118 STAT. 27]]

except those that have an announced policy of prohibiting smoking within 
the space used to carry out the program: Provided further, That none of 
the funds provided in this account shall be available for the purchase 
of infant formula except in accordance with the cost containment and 
competitive bidding requirements specified in section 17 of such Act: 
Provided further, That none of the funds provided shall be available for 
activities that are not fully reimbursed by other Federal Government 
  departments or agencies unless authorized by section 17 of such Act.

    For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 
2011 et seq.), $30,945,981,000, of which $3,000,000,000 shall be placed 
in reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations: Provided, That none of the 
funds made available under this heading shall be used for studies and 
evaluations: Provided further, <<NOTE: Bison meat. Commodity Assistance 
Program>> That of the funds made available under this heading and not 
already appropriated to the Food Distribution Program on Indian 
Reservations (FDPIR) established under section 4(b) of the Food Stamp 
Act of 1977 (7 U.S.C. 2013(b)), not to exceed $4,000,000 shall be used 
to purchase bison meat for the FDPIR from Native American bison 
producers as well as from producer-owned cooperatives of bison ranchers: 
Provided further, That funds provided herein shall be expended in 
accordance with section 16 of the Food Stamp Act: Provided further, That 
this appropriation shall be subject to any work registration or workfare 
requirements as may be required by law: Provided further, That funds 
made available for Employment and Training under this heading shall 
remain available until expended, as authorized by section 16(h)(1) of 
                           the Food Stamp Act.

    For necessary expenses to carry out disaster assistance and the 
commodity supplemental food program as authorized by section 4(a) of the 
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); 
the Emergency Food Assistance Act of 1983; and special assistance (in a 
form determined by the Secretary of Agriculture) for the nuclear 
affected islands, as authorized by section 103(h)(2) of the Compact of 
Free Association Act of 1985 (48 U.S.C. 1903(h)(2)) (or a successor 
law), $150,000,000, to remain available through September 30, 2005: 
Provided, That none of these funds shall be available to reimburse the 
  Commodity Credit Corporation for commodities donated to the program.

    For necessary administrative expenses of the domestic nutrition 
assistance programs funded under this Act, $138,304,000, of which 
$5,000,000 shall be available only for simplifying procedures, reducing 
overhead costs, tightening regulations, improving food stamp benefit 
delivery, and assisting in the prevention, identification, and 
prosecution of fraud and other violations of law; and of which not less 
than $4,000,000 shall be available to improve integrity in the Food 
Stamp and Child Nutrition programs.

[[Page 118 STAT. 28]]

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

    For necessary expenses of the Foreign Agricultural Service, 
including carrying out title VI of the Agricultural Act of 1954 (7 
U.S.C. 1761-1769), market development activities abroad, and for 
enabling the Secretary to coordinate and integrate activities of the 
Department in connection with foreign agricultural work, including not 
to exceed $158,000 for representation allowances and for expenses 
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 
1766), $132,148,000: Provided, That the Service may utilize advances of 
funds, or reimburse this appropriation for expenditures made on behalf 
of Federal agencies, public and private organizations and institutions 
under agreements executed pursuant to the agricultural food production 
assistance programs (7 U.S.C. 1737) and the foreign assistance programs 
       of the United States Agency for International Development.

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of agreements under the Agricultural Trade Development and 
Assistance Act of 1954, and the Food for Progress Act of 1985, including 
the cost of modifying credit arrangements under said Acts, $103,887,000, 
to remain available until expended.
    In addition, for administrative expenses to carry out the credit 
program of title I, Public Law 83-480, and the Food for Progress Act of 
1985, to the extent funds appropriated for Public Law 83-480 are 
utilized, $2,134,000, of which $1,075,000 may be transferred to and 
merged with the appropriation for ``Foreign Agricultural Service, 
Salaries and Expenses'', and of which $1,059,000 may be transferred to 
and merged with the appropriation for ``Farm Service Agency, Salaries 
                             and Expenses''.

    For ocean freight differential costs for the shipment of 
agricultural commodities under title I of the Agricultural Trade 
Development and Assistance Act of 1954 and under the Food for Progress 
Act of 1985, $28,000,000, to remain available until expended: 
Provided, <<NOTE: Notification. Public Law 480 Title II Grants>> That 
funds made available for the cost of agreements under title I of the 
Agricultural Trade Development and Assistance Act of 1954 and for title 
I ocean freight differential may be used interchangeably between the two 
accounts with prior notice to the Committees on Appropriations of both 
Houses of Congress.

[[Page 118 STAT. 29]]

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Agricultural Trade Development and Assistance Act of 
1954, for commodities supplied in connection with dispositions abroad 
under title II of said Act, $1,192,000,000, to remain available until 
                                expended.

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $50,000,000, to remain available until expended: Provided, That the 
Commodity Credit Corporation is authorized to provide the services, 
facilities, and authorities for the purpose of implementing such 
     section, subject to reimbursement from amounts provided herein.

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, $4,152,000; 
to cover common overhead expenses as permitted by section 11 of the 
Commodity Credit Corporation Charter Act and in conformity with the 
Federal Credit Reform Act of 1990, of which $3,306,000 may be 
transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $846,000 may 
be transferred to and merged with the appropriation for ``Farm Service 
Agency, Salaries and Expenses''.

                                TITLE VI

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's certificate, 
not to exceed $25,000; and notwithstanding section 521 of Public Law 
107-188; $1,673,441,000: Provided, That of the amount provided under 
this heading, $249,825,000 shall be derived from prescription drug user 
fees authorized by 21 U.S.C. 379h, and shall be credited to this account 
and remain available until expended; $31,654,000 shall be derived from 
medical device

[[Page 118 STAT. 30]]

user fees authorized by 21 U.S.C. 379j, and shall be credited to this 
account and remain available until expended; and $5,000,000 shall be 
derived from animal drug user fees (subject to enactment of legislation 
authorizing such fees), and shall be credited to this account and remain 
available until expended: Provided further, That fees derived from 
prescription drug, medical device, and animal drug assessments received 
during fiscal year 2004, including any such fees assessed prior to the 
current fiscal year but credited during the current year, shall be 
subject to the fiscal year 2004 limitation: Provided further, That none 
of these funds shall be used to develop, establish, or operate any 
program of user fees authorized by 31 U.S.C. 9701: Provided further, 
That of the total amount appropriated: (1) $413,112,000 shall be for the 
Center for Food Safety and Applied Nutrition and related field 
activities in the Office of Regulatory Affairs; (2) $477,966,000 shall 
be for the Center for Drug Evaluation and Research and related field 
activities in the Office of Regulatory Affairs; (3) $169,429,000 shall 
be for the Center for Biologics Evaluation and Research and for related 
field activities in the Office of Regulatory Affairs; (4) $89,396,000 
shall be for the Center for Veterinary Medicine and for related field 
activities in the Office of Regulatory Affairs; (5) $209,420,000 shall 
be for the Center for Devices and Radiological Health and for related 
field activities in the Office of Regulatory Affairs; (6) $39,887,000 
shall be for the National Center for Toxicological Research; (7) 
$39,276,000 shall be for Rent and Related activities, other than the 
amounts paid to the General Services Administration for rent; (8) 
$119,594,000 shall be for payments to the General Services 
Administration for rent; and (9) $115,361,000 shall be for other 
activities, including the Office of the Commissioner; the Office of 
Management and Systems; the Office of External Relations; the Office of 
Policy and Planning; and central services for these offices: Provided 
further, That funds may be transferred from one specified activity to 
another with the prior approval of the Committees on Appropriations of 
both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b may 
be credited to this account, to remain available until expended.
    In addition, export certification user fees authorized by 21 U.S.C. 
381 may be credited to this account, to remain available until expended.

    For plans, construction, repair, improvement, extension, alteration, 
and purchase of fixed equipment or facilities of or used by the Food and 
Drug Administration, where not otherwise provided, $7,000,000 to remain 
available until expended.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

    For necessary expenses to carry out the provisions of the Commodity 
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of 
passenger motor vehicles, and the rental of space (to include multiple 
year leases) in the District of Columbia and elsewhere, $90,435,000, 
including not to exceed $3,000 for official reception and representation 
expenses.

[[Page 118 STAT. 31]]

                       Farm Credit Administration

    Not to exceed $40,900,000 (from assessments collected from farm 
credit institutions and from the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249: Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                      TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, appropriations 
and authorizations made for the Department of Agriculture for the 
current fiscal year under this Act shall be available for the purchase, 
in addition to those specifically provided for, of not to exceed 398 
passenger motor vehicles, of which 396 shall be for replacement only, 
and for the hire of such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. Funds appropriated by this Act shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5 
U.S.C. 3109.
    Sec. 704. The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant and 
capital equipment necessary for the delivery of financial, 
administrative, and information technology services of primary benefit 
to the agencies of the Department of Agriculture: Provided, That none of 
the funds made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior approval of 
the agency administrator: Provided further, That none of the funds 
transferred to the Working Capital Fund pursuant to this section shall 
be available for obligation without the prior approval of the Committees 
on Appropriations of both Houses of Congress.
    Sec. 705. <<NOTE: 7 USC 2209b.>> New obligational authority provided 
for the following appropriation items in this Act shall remain available 
until expended: Animal and Plant Health Inspection Service, the 
contingency fund to meet emergency conditions, information technology 
infrastructure, fruit fly program, emerging plant pests, boll weevil 
program, and up to 25 percent of the screwworm program; Food Safety and 
Inspection Service, field automation and information management project; 
Cooperative State Research, Education, and Extension Service, funds for 
competitive research grants (7 U.S.C. 450i(b)), funds for the Research, 
Education, and Economics Information System (REEIS), and funds for the 
Native American Institutions Endowment Fund; Farm Service Agency, 
salaries and expenses funds made available to county committees; Foreign 
Agricultural Service, middle-income country training program and up to 
$2,000,000 of the Foreign Agricultural Service appropriation solely for 
the purpose of offsetting fluctuations in international currency 
exchange rates, subject to documentation by the Foreign Agricultural 
Service.

[[Page 118 STAT. 32]]

    Sec. 706. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations available to 
the Department of Agriculture in this Act shall be available to provide 
appropriate orientation and language training pursuant to section 606C 
of the Act of August 28, 1954 (7 U.S.C. 1766b).
    Sec. 708. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 709. None of the funds in this Act shall be available to 
restrict the authority of the Commodity Credit Corporation to lease 
space for its own use or to lease space on behalf of other agencies of 
the Department of Agriculture when such space will be jointly occupied.
    Sec. 710. None of the funds in this Act shall be available to pay 
indirect costs charged against competitive agricultural research, 
education, or extension grant awards issued by the Cooperative State 
Research, Education, and Extension Service that exceed 20 percent of 
total Federal funds provided under each award: Provided, That 
notwithstanding section 1462 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds 
provided by this Act for grants awarded competitively by the Cooperative 
State Research, Education, and Extension Service shall be available to 
pay full allowable indirect costs for each grant awarded under section 9 
of the Small Business Act (15 U.S.C. 638).
    Sec. 711. Notwithstanding any other provision of this Act, all loan 
levels provided in this Act shall be considered estimates, not 
limitations.
    Sec. 712. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current fiscal 
year shall remain available until expended to cover obligations made in 
the current fiscal year for the following accounts: the Rural 
Development Loan Fund program account, the Rural Telephone Bank program 
account, the Rural Electrification and Telecommunication Loans program 
account, the Rural Housing Insurance Fund program account, and the Rural 
Economic Development Loans program account.
    Sec. 713. None of the funds in this Act may be used to retire more 
than 5 percent of the Class A stock of the Rural Telephone Bank or to 
maintain any account or subaccount within the accounting records of the 
Rural Telephone Bank the creation of which has not specifically been 
authorized by statute: Provided, That notwithstanding any other 
provision of law, none of the funds appropriated or otherwise made 
available in this Act may be used to transfer to the Treasury or to the 
Federal Financing Bank any unobligated balance of the Rural Telephone 
Bank telephone liquidating account which is in excess of current 
requirements and

[[Page 118 STAT. 33]]

such balance shall receive interest as set forth for financial accounts 
in section 505(c) of the Federal Credit Reform Act of 1990.
    Sec. 714. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 715. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 716. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 717. None of the funds appropriated or otherwise made available 
to the Department of Agriculture shall be used to transmit or otherwise 
make available to any non-Department of Agriculture employee questions 
or responses to questions that are a result of information requested for 
the appropriations hearing process.
    Sec. 718. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without the prior approval of the Committees on 
Appropriations of both Houses of Congress.
    Sec. 719. (a) <<NOTE: Notifications. Deadlines.>> None of the funds 
provided by this Act, or provided by previous Appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in the current fiscal year, or provided from any accounts in 
the Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds which: (1) 
creates new programs; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes offices, programs, or 
activities; or (6) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless the 
Committees on Appropriations of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.

    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or

[[Page 118 STAT. 34]]

expenditure for activities, programs, or projects through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever is 
less, that: (1) augments existing programs, projects, or activities; (2) 
reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by Congress; 
or (3) results from any general savings from a reduction in personnel 
which would result in a change in existing programs, activities, or 
projects as approved by Congress; unless the Committees on 
Appropriations of both Houses of Congress are notified 15 days in 
advance of such reprogramming of funds.
    (c) The Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
shall notify the Committees on Appropriations of both Houses of Congress 
before implementing a program or activity not carried out during the 
previous fiscal year unless the program or activity is funded by this 
Act or specifically funded by any other Act.
    Sec. 720. With the exception of funds needed to administer and 
conduct oversight of grants awarded and obligations incurred in prior 
fiscal years, none of the funds appropriated or otherwise made available 
by this or any other Act may be used to pay the salaries and expenses of 
personnel to carry out the provisions of section 401 of Public Law 105-
185, the Initiative for Future Agriculture and Food Systems (7 U.S.C. 
7621).
    Sec. 721. None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2005 appropriations Act.
    Sec. 722. None of the funds made available by this or any other Act 
may be used to close or relocate a State Rural Development office unless 
or until cost effectiveness and enhancement of program delivery have 
been determined.
    Sec. 723. In addition to amounts otherwise appropriated or made 
available by this Act, $3,000,000 is appropriated for the purpose of 
providing Bill Emerson and Mickey Leland Hunger Fellowships, as 
authorized by Public Law 108-58.
    Sec. 724. Notwithstanding section 412 of the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1736f), any balances 
available to carry out title III of such Act as of the date of enactment 
of this Act, and any recoveries and reimbursements that become available 
to carry out title III of such Act, may be used to carry out title II of 
such Act.
    Sec. 725. <<NOTE: HIV/AIDS.>> Of any shipments of commodities made 
pursuant to section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
1431(b)), the Secretary of Agriculture shall, to the extent practicable, 
direct that tonnage equal in value to not more than $25,000,000 shall

[[Page 118 STAT. 35]]

be made available to foreign countries to assist in mitigating the 
effects of the Human Immunodeficiency Virus and Acquired Immune 
Deficiency Syndrome on communities, including the provision of--
            (1) agricultural commodities to--
                    (A) individuals with Human Immunodeficiency Virus or 
                Acquired Immune Deficiency Syndrome in the communities; 
                and
                    (B) households in the communities, particularly 
                individuals caring for orphaned children; and
            (2) agricultural commodities monetized to provide other 
        assistance (including assistance under microcredit and 
        microenterprise programs) to create or restore sustainable 
        livelihoods among individuals in the communities, particularly 
        individuals caring for orphaned children.

    Sec. 726. Section 375(e)(6)(B) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking 
``$26,499,000'' and inserting ``$26,998,000''.
    Sec. 727. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service may provide financial and technical 
assistance through the Watershed and Flood Prevention Operations program 
for the Kuhn Bayou and Ditch 26 Improvement projects in Arkansas, the 
Matanuska River erosion control project in Alaska, the DuPage County 
Sawmill Creek Watershed project in Illinois, and the Coal Creek project 
in Utah, and four flood control structures in Marmaton, Kansas.
    Sec. 728. <<NOTE: State listing.>> Notwithstanding any other 
provision of law, the Secretary shall consider the County of Lawrence, 
Ohio; the City of Havelock, North Carolina; the City of Portsmouth, 
Ohio; the City of Binghamton, New York; the Town of Vestal, New York; 
the City of Ithaca, New York; the City of Casa Grande, Arizona; the City 
of Clarksdale, Mississippi; the City of Coachella, California; the City 
of Salinas, California; the City of Watsonville, California; the City of 
Hollister, California; the Municipality of Carolina, Puerto Rico; and 
the City of Kinston, North Carolina, as meeting the eligibility 
requirements for loans and grants programs in the Rural Development 
mission area.

    Sec. 729. <<NOTE: Illinois. Kentucky.>> Notwithstanding any other 
provision of law, the Natural Resources Conservation Service shall 
provide financial and technical assistance to the DuPage County, 
Illinois, Kress Creek Watershed Plan, from funds available for the 
Watershed and Flood Prevention Operations program, not to exceed 
$1,600,000 and Rockhouse Creek Watershed, Leslie County, Kentucky, not 
to exceed $1,000,000.

    Sec. 730. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriation Act.
    Sec. 731. <<NOTE: Missouri.>> None of the funds made available to 
the Food and Drug Administration by this Act shall be used to close or 
relocate, or to plan to close or relocate, the Food and Drug 
Administration Division of Pharmaceutical Analysis in St. Louis, 
Missouri, outside the city or county limits of St. Louis, Missouri.

    Sec. 732. Agencies and offices of the Department of Agriculture may 
utilize any unobligated salaries and expenses funds to reimburse the 
Office of the General Counsel for salaries and

[[Page 118 STAT. 36]]

expenses of personnel, and for other related expenses, incurred in 
representing such agencies and offices in the resolution of complaints 
by employees or applicants for employment, and in cases and other 
matters pending before the Equal Employment Opportunity Commission, the 
Federal Labor Relations Authority, or the Merit Systems Protection Board 
with the prior approval of the Committees on Appropriations of both 
Houses of Congress.
    Sec. 733. Notwithstanding any other provision of law, of the funds 
made available in this Act for competitive research grants (7 U.S.C. 
450i(b)), the Secretary may use up to 20 percent of the amount provided 
to carry out a competitive grants program under the same terms and 
conditions as those provided in section 401 of the Agricultural 
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621), 
including requests for proposals for grants for critical emerging issues 
described in section 401(c)(1) of that Act for which the Secretary has 
not issued requests for proposals for grants in fiscal year 2002 or 
2003.
    Sec. 734. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out section 14(h)(1) of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012(h)(1)).
    Sec. 735. <<NOTE: West Virginia.>> Notwithstanding any other 
provision of law, the Natural Resources Conservation Service shall 
provide financial and technical assistance through the Watershed and 
Flood Prevention Operations program to carry out the Upper Tygart Valley 
Watershed project, West Virginia: Provided, That the Natural Resources 
Conservation Service is authorized to provide 100 percent of the 
engineering assistance and 75 percent cost share for installation of the 
water supply component of this project.

    Sec. 736. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out subtitle I of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009dd through dd-7).
    Sec. 737. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C. 
2655).
    Sec. 738. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to carry out the provisions of sections 7404(a)(1) and 7404(c)(1) of 
Public Law 107-171.
    Sec. 739. The Agricultural Marketing Service and the Grain 
Inspection, Packers and Stockyards Administration, that have statutory 
authority to purchase interest bearing investments outside of the 
Treasury, are not required to establish obligations and outlays for 
those investments, provided those investments are insured by the Federal 
Deposit Insurance Corporation or are collateralized at the Federal 
Reserve with securities approved by the Federal Reserve, operating under 
the guidelines of the United States Department of the Treasury.
    Sec. 740. Of the funds made available under section 27(a) of the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use up 
to $10,000,000 for costs associated with the distribution of 
commodities.
    Sec. 741. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries

[[Page 118 STAT. 37]]

and expenses of personnel to enroll in excess of 189,144 acres in the 
calendar year 2004 wetlands reserve program as authorized by 16 U.S.C. 
3837.
    Sec. 742. None of the funds made available in fiscal year 2004 or 
preceding fiscal years for programs authorized under the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in 
excess of $20,000,000 shall be used to reimburse the Commodity Credit 
Corporation for the release of eligible commodities under section 
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-
1): Provided, That any such funds made available to reimburse the 
Commodity Credit Corporation shall only be used pursuant to section 
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
    Sec. 743. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel who carry out an environmental quality incentives program 
authorized by chapter 4 of subtitle D of title XII of the Food Security 
Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of $975,000,000.
    Sec. 744. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service may provide from appropriated funds 
financial and technical assistance to the Dry Creek project, Utah.
    Sec. 745. The Secretary of Agriculture is authorized to permit 
employees of the United States Department of Agriculture to carry and 
use firearms for personal protection while conducting field work in 
remote locations in the performance of their official duties.
    Sec. 746. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to expend the $23,000,000 made available by section 9006(f) 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8106(f)).
    Sec. 747. Access to Broadband Telecommunications Services in Rural 
Areas. None of the funds appropriated or otherwise made available by 
this or any other Act shall be used to pay the salaries and expenses of 
personnel to expend the $20,000,000 made available by section 
601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C. 
950bb(j)(1)(A)) for fiscal year 2004.
    Sec. 748. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to expend the $40,000,000 made available by section 
231(b)(4) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 
note) for fiscal year 2004.
    Sec. 749. Section 285 of the Agricultural Marketing Act of 1946 (16 
U.S.C. 1638d et seq.) is amended by striking ``2004'' and inserting 
``2006, except for `farm-raised fish' and `wild fish' which shall be 
September 30, 2004''.
    Sec. 750. (a) Notwithstanding subsections (c) and (e)(2) of section 
313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in 
implementing section 313A of that Act, the Secretary shall, with the 
consent of the lender, structure the schedule for payment of the annual 
fee, not to exceed an average of 30 basis points per year for the term 
of the loan, to ensure that sufficient funds are available to pay the 
subsidy costs for note guarantees under that section.

[[Page 118 STAT. 38]]

    (b) <<NOTE: Publication. Regulations. Deadline. 7 USC 740c-1 
note.>> The Secretary shall publish a proposed rule to carry out section 
313A of the Rural Electrification Act of 1936 within 60 days of 
enactment of this Act.

    Sec. 751. Any unobligated balances in the Alternative Agricultural 
Research and Commercialization Revolving Fund are hereby rescinded.
    Sec. 752. Not more than $41,443,000 for fiscal year 2004 of the 
funds appropriated or otherwise made available by this or any other Act 
shall be used to carry out the conservation security program established 
under subchapter A of chapter 2 of subtitle D of title XII of the Food 
Security Act of 1985 (16 U.S.C. 3838 et seq.).
    Sec. 753. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out a ground and surface water conservation 
program authorized by section 2301 of Public Law 107-171, the Farm 
Security and Rural Investment Act of 2002, in excess of $51,000,000.
    Sec. 754. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out section 2502 of Public Law 107-171, the Farm 
Security and Rural Investment Act of 2002, in excess of $42,000,000.
    Sec. 755. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out section 2503 of Public Law 107-171, the Farm 
Security and Rural Investment Act of 2002, in excess of $112,044,000.
    Sec. 756. <<NOTE: New York.>> (a) Assistance for Commercial Tree 
Losses.--The Secretary of Agriculture shall use $5,000,000 of the funds 
of the Commodity Credit Corporation to provide assistance under the Tree 
Assistance Program, subtitle C of title X of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8201 et seq.), to tree-fruit growers 
located in a federally declared disaster area in the State of New York 
who suffered tree losses in 2003 as a result of an April 4-6, 2003, 
icestorm.

    (b) <<NOTE: Florida.>> The Secretary of Agriculture shall use 
$10,000,000 of the funds of the Commodity Credit Corporation, to remain 
available until expended, to compensate commercial citrus and lime 
growers in the State of Florida for tree replacement and for lost 
production with respect to trees removed to control citrus canker, and 
with respect to certified citrus nursery stocks within the citrus canker 
quarantine areas, as determined by the Secretary. For a grower to 
receive assistance for a tree under this section, the tree must have 
been removed after September 30, 2001.

    Sec. 757. There is hereby appropriated $1,500,000 to carry out 
section 6028 of Public Law 107-171, the Farm Security and Rural 
Investment Act of 2002: Provided, That notwithstanding section 
383B(g)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
2009bb-1(g)(1)), the Federal share of the administrative expenses of the 
Northern Great Plains Regional Authority for fiscal year 2004 shall be 
100 percent.
    Sec. 758. Section 204(a)(3) of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) is amended

[[Page 118 STAT. 39]]

by striking ``the Committee on Foreign Affairs'' through ``the Committee 
on'' and inserting ``the Committees on International Relations, 
Agriculture and Appropriations of the House of Representatives, and the 
Committees on Appropriations and''.
    Sec. 759. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out section 6029 of Public Law 107-171, the Farm 
Security and Rural Investment Act of 2002: Provided, That this section 
shall not apply to activities related to the promulgation of regulations 
or the receipt and review of applications for the Rural Business 
Investment Program.
    Sec. 760. None of the funds appropriated or otherwise made available 
in this Act shall be expended to violate Public Law 105-264.
    Sec. 761. Cost-Sharing for Animal and Plant Health Emergency 
Programs. None of the funds made available by this Act may be used to 
issue a final rule in furtherance of, or otherwise implement, the 
proposed rule on cost-sharing for animal and plant health emergency 
programs of the Animal and Plant Health Inspection Service published on 
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
    Sec. 762. Agencies and offices of the Department of Agriculture may 
utilize any available discretionary funds to cover the costs of 
preparing, or contracting for the preparation of, final agency decisions 
regarding complaints of discrimination in employment or program 
activities arising within such agencies and offices.
    Sec. 763. <<NOTE: Alaska. 42 USC 1472 note.>> Notwithstanding any 
other provision of law, for any fiscal year, in the case of a high cost 
isolated rural area in Alaska that is not connected to a road system, 
the maximum level for the single family housing assistance shall be 150 
percent of the average income level in the metropolitan areas of the 
State and 115 percent of all other eligible areas of the State.

    Sec. 764. There is hereby appropriated $1,000,000, to remain 
available until expended, for the Denali Commission to address 
deficiencies in solid waste disposal sites which threaten to contaminate 
rural drinking water supplies.
    Sec. 765. <<NOTE: Mississippi. South Dakota.>> Notwithstanding any 
other provision of law, the Secretary shall consider the City of 
Vicksburg, Mississippi; the City of Aberdeen, South Dakota; and the City 
of Starkville, Mississippi as meeting the requirements of a rural area 
contained in section 520 of the Housing Act of 1949 (42 U.S.C. 1490) 
until receipt of the decennial Census for the year 2010.

    Sec. 766. <<NOTE: New Hampshire. Oklahoma.>> Notwithstanding any 
other provision of law, the Secretary shall consider the City of Berlin, 
New Hampshire; the City of Guymon, Oklahoma; the City of Shawnee, 
Oklahoma; and the City of Altus, Oklahoma, to be eligible for loans and 
grants provided through the Rural Community Advancement Program until 
receipt of the decennial Census in the year 2010.

    Sec. 767. None of the funds made available in this Act may be used 
to study, complete a study of, or enter into a contract with a private 
party to carry out, without specific authorization in a subsequent Act 
of Congress, a competitive sourcing activity of the Secretary of 
Agriculture, including support personnel of the Department of 
Agriculture, relating to rural development or farm loan programs.

[[Page 118 STAT. 40]]

    Sec. 768. Section 501(b)(5)(B) of the Housing Act of 1949 (42 U.S.C. 
1471(b)(5)(B) is amended by striking ``for fiscal years 2002 and 
2003,''.
    Sec. 769. Agricultural Management Assistance. Section 524(b)(4)(B) 
of the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended--
            (1) in clause (i), by striking ``clause (ii)'' and inserting 
        ``clauses (ii) and (iii)''; and
            (2) by adding at the end the following:
                          ``(iii) Certain uses.--Of the amounts made 
                      available to carry out this subsection for each of 
                      fiscal years 2004 through 2007 the Commodity 
                      Credit Corporation shall use not less than--
                                    ``(I) $14,000,000 to carry out 
                                subparagraphs (A), (B), and (C) of 
                                paragraph (2) through the Natural 
                                Resources Conservation Service;
                                    ``(II) $1,000,000 to provide organic 
                                certification cost share assistance 
                                through the Agricultural Marketing 
                                Service; and
                                    ``(III) $5,000,000 to conduct 
                                activities to carry out subparagraph (F) 
                                of paragraph (2) through the Risk 
                                Management Agency.''.

    Sec. 770. <<NOTE: 7 USC 5603 note.>> Hereafter, no funds provided in 
this or any other Act shall be available to the Secretary of Agriculture 
acting through the Foreign Agricultural Service to promote the sale or 
export of tobacco or tobacco products.

    Sec. 771. (a) In General.--Section 3(o)(4) of the Food Stamp Act of 
1977, as amended (7 U.S.C. 2012(o)(4), is amended by inserting before 
the period at the end the following: ``, and except that on October 1, 
2003, in the case of households residing in Alaska and Hawaii the 
Secretary may not reduce the cost of such diet in effect on September 
30, 2002''.
    (b) Effective Date.--The <<NOTE: 7 USC 2012 note.>> amendment made 
by subsection (a) shall be effective beginning on September 30, 2003.

    Sec. 772. Section 601(b)(2) of the Rural Electrification Act of 1936 
(7 U.S.C. 950bb(b)(2)) is amended to read as follows:
            ``(2) Eligible rural community.--The term `eligible rural 
        community' means any area of the United States that is not 
        contained in an incorporated city or town with a population in 
        excess of 20,000 inhabitants.''.

    Sec. 773. Notwithstanding any other provision of law, for all 
activities under programs of the Rural Development Mission Area within 
the County of Honolulu, Hawaii, the Secretary may designate any portion 
of the county as a rural area or eligible rural community that the 
Secretary determines is not urban in character: Provided, That the 
Secretary shall not include in any such rural area or eligible rural 
community any area included in the Honolulu Census Designated Place as 
determined by the Secretary of Commerce.
    Sec. 774. The first sentence of section 306(g)(1) of the National 
Housing Act (12 U.S.C. 1721(g)(1)) is amended--
            (1) by striking ``or title V of the Housing Act of 1949''; 
        and
            (2) by inserting after ``1944'' the following: ``, title V 
        of the Housing Act of 1949,''.

    Sec. 775. Notwithstanding the provisions of the Consolidated Farm 
and Rural Development Act (including the associated regulations) 
governing the Community Facilities Program, the Secretary

[[Page 118 STAT. 41]]

may allow all Community Facility Program facility borrowers and grantees 
to enter into contracts with not-for-profit third parties for services 
consistent with the requirements of the Program, grant, and/or loan: 
Provided, That the contracts protect the interests of the Government 
regarding cost, liability, maintenance, and administrative fees.
    Sec. 776. Notwithstanding any other provision of law, the Secretary 
of Agriculture may use appropriations available to the Secretary for 
activities authorized under sections 426-426c of title 7, United States 
Code, under this or any other Act, to enter into cooperative agreements, 
with a State, political subdivision, or agency thereof, a public or 
private agency, organization, or any other person, to lease aircraft if 
the Secretary determines that the objectives of the agreement will: (1) 
serve a mutual interest of the parties to the agreement in carrying out 
the programs administered by the Animal Plant Health Inspection Service, 
Wildlife Service; and (2) all parties will contribute resources to the 
accomplishment of these objectives; award of a cooperative agreement 
authorized by the Secretary may be made for an initial term not to 
exceed 5 years.
    Sec. 777. Citrus Canker Assistance. Section 211 of the Agricultural 
Assistance Act of 2003 (117 Stat. 545) is amended--
            (1) in the section heading, by inserting ``tree replacement 
        and'' after ``for''; and
            (2) in subsection (a), by inserting ``tree replacement and'' 
        after ``Florida for''.

    Sec. 778. <<NOTE: Sun Grant Research Initiative Act of 2003. 7 USC 
8101 note.>> Sun Grant Research Initiative. (a) Short Title.--This 
section may be cited as the ``Sun Grant Research Initiative Act of 
2003''.

    (b) Research, Extension, and Educational Programs on Biobased Energy 
Technologies and Products.--Title IX of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at 
the end the following:

``SEC. 9011. <<NOTE: 7 USC 8109.>> RESEARCH, EXTENSION, AND EDUCATIONAL 
            PROGRAMS ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.

    ``(a) Purposes.--The purposes of the programs established under this 
section are--
            ``(1) to enhance national energy security through the 
        development, distribution, and implementation of biobased energy 
        technologies;
            ``(2) to promote diversification in, and the environmental 
        sustainability of, agricultural production in the United States 
        through biobased energy and product technologies;
            ``(3) to promote economic diversification in rural areas of 
        the United States through biobased energy and product 
        technologies; and
            ``(4) to enhance the efficiency of bioenergy and biomass 
        research and development programs through improved coordination 
        and collaboration between the Department of Agriculture, the 
        Department of Energy, and the land-grant colleges and 
        universities.

    ``(b) Definitions.--In this section:
            ``(1) Land-grant colleges and universities.--The term `land-
        grant colleges and universities' means--

[[Page 118 STAT. 42]]

                    ``(A) 1862 Institutions (as defined in section 2 of 
                the Agricultural Research, Extension, and Education 
                Reform Act of 1998 (7 U.S.C. 7601));
                    ``(B) 1890 Institutions (as defined in section 2 of 
                that Act) and West Virginia State College; and
                    ``(C) 1994 Institutions (as defined in section 2 of 
                that Act).
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.

    ``(c) Establishment.--To carry out the purposes described in 
subsection (a), the Secretary shall establish programs under which--
            ``(1) <<NOTE: Grants.>> the Secretary shall provide grants 
        to sun grant centers specified in subsection (d); and
            ``(2) the sun grant centers shall use the grants in 
        accordance with this section.

    ``(d) Grants to Centers.--The Secretary shall use amounts made 
available for a fiscal year under subsection (j) to provide a grants in 
equal amounts to each of the following sun grant centers:
            ``(1) North-central center.--A <<NOTE: South Dakota State 
        University.>> north-central sun grant center at South Dakota 
        State University for the region composed of the States of 
        Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North 
        Dakota, South Dakota, Wisconsin, and Wyoming.
            ``(2) Southeastern center.--A <<NOTE: University of 
        Tennessee.>> southeastern sun grant center at the University of 
        Tennessee at Knoxville for the region composed of--
                    ``(A) the States of Alabama, Florida, Georgia, 
                Kentucky, Mississippi, North Carolina, South Carolina, 
                Tennessee, and Virginia;
                    ``(B) the Commonwealth of Puerto Rico; and
                    ``(C) the United States Virgin Islands.
            ``(3) South-central center.--A <<NOTE: Oklahoma State 
        University.>> south-central sun grant center at Oklahoma State 
        University for the region composed of the States of Arkansas, 
        Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and 
        Texas.
            ``(4) Western center.--A <<NOTE: Oregon State 
        University.>> western sun grant center at Oregon State 
        University for the region composed of--
                    ``(A) the States of Alaska, Arizona, California, 
                Hawaii, Idaho, Nevada, Oregon, Utah, and Washington; and
                    ``(B) territories and possessions of the United 
                States (other than the territories referred to in 
                subparagraphs (B) and (C) of paragraph (2)).
            ``(5) Northeastern center.--A <<NOTE: Cornell 
        University.>> northeastern sun grant center at Cornell 
        University for the region composed of the States of Connecticut, 
        Delaware, Massachusetts, Maryland, Maine, Michigan, New 
        Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode 
        Island, Vermont, and West Virginia.

    ``(e) Use of Funds.--
            ``(1) Centers of excellence.--Of the amount of funds that 
        are made available for a fiscal year to a sun grant center under 
        subsection (d), the center shall use not more than 25 percent of 
        the amount for administration to support excellence in science, 
        engineering, and economics at the center to promote the purposes 
        described in subsection (a) through the State

[[Page 118 STAT. 43]]

        agricultural experiment station, cooperative extension services, 
        and relevant educational programs of the university.
            ``(2) Grants to land-grant colleges and universities.--
                    ``(A) In general.--The sun grant center established 
                for a region shall use the funds that remain available 
                for a fiscal year after expenditures made under 
                paragraph (1) to provide competitive grants to land-
                grant colleges and universities in the region of the sun 
                grant center to conduct, consistent with the purposes 
                described in subsection (a), multiinstitutional and 
                multistate--
                          ``(i) research, extension, and educational 
                      programs on technology development; and
                          ``(ii) integrated research, extension, and 
                      educational programs on technology implementation.
                    ``(B) Programs.--Of the amount of funds that are 
                used to provide grants for a fiscal year under 
                subparagraph (A), the center shall use--
                          ``(i) not less than 30 percent of the funds to 
                      carry out programs described in subparagraph 
                      (A)(i); and
                          ``(ii) not less than 30 percent of the funds 
                      to carry out programs described in subparagraph 
                      (A)(ii).
            ``(3) Indirect costs.--A sun grant center may not recover 
        the indirect costs of making grants under paragraph (2) to other 
        land-grant colleges and universities.

    ``(f) Plan.--
            ``(1) In general.--Subject to the availability of funds 
        under subsection (j), in cooperation with other land-grant 
        colleges and universities and private industry in accordance 
        with paragraph (2), the sun grant centers shall jointly develop 
        and submit to the Secretary, for approval, a plan for addressing 
        at the State and regional levels the bioenergy, biomass, and 
        gasification research priorities of the Department of 
        Agriculture and the Department of Energy for the making of 
        grants under paragraphs (1) and (2) of subsection (e).
            ``(2) Gasification coordination.--
                    ``(A) In general.--In developing the plan under 
                paragraph (1) with respect to gasification research, the 
                sun grant centers identified in paragraphs (1) and (2) 
                of subsection (d) shall coordinate with land grant 
                colleges and universities in their respective regions 
                that have ongoing research activities with respect to 
                the research.
                    ``(B) Funding.--Funds made available under 
                subsection (d) to the sun grant center identified in 
                subsection (e)(2) shall be available to carry out 
                planning coordination under paragraph (1) of this 
                subsection.

    ``(g) Grants to Other Land-Grant Colleges and Universities.--
            ``(1) Priority for grants.--In making grants under 
        subsection (e)(2), a sun grant center shall give a higher 
        priority to programs that are consistent with the plan approved 
        by the Secretary under subsection (f).
            ``(2) Term of grants.--The term of a grant provided by a sun 
        grant center under subsection (e)(2) shall not exceed 5 years.

    ``(h) Grant Information Analysis Center.--The sun grant centers 
shall maintain a Sun Grant Information Analysis Center

[[Page 118 STAT. 44]]

at the sun grant center specified in subsection (d)(1) to provide sun 
grant centers analysis and data management support.
    ``(i) Annual Reports.--Not later than 90 days after the end of a 
year for which a sun grant center receives a grant under subsection (d), 
the sun grant center shall submit to the Secretary a report that 
describes the policies, priorities, and operations of the program 
carried out by the center during the year, including a description of 
progress made in facilitating the priorities described in subsection 
(f).
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $25,000,000 for fiscal year 2005;
                    ``(B) $50,000,000 for fiscal year 2006; and
                    ``(C) $75,000,000 for each of fiscal years 2007 
                through 2010.
            ``(2) Grant information analysis center.--Of amounts made 
        available under paragraph (1), not more than $4,000,000 for each 
        fiscal year shall be made available to carry out subsection 
        (h).''.

    Sec. 779. Rural Electrification. For fiscal year 2004, the Secretary 
of Agriculture may use any unobligated carryover funds made available 
for any program administered by the Rural Utilities Service (not 
including funds made available under the heading ``Rural Community 
Advancement Program'' in any Act of appropriation) to carry out section 
315 of the Rural Electrification Act of 1936 (7 U.S.C. 940e).
    Sec. 780. Limitation on Allocation of Purchase Prices for Butter and 
Nonfat Dry Milk. None of the funds made available by this Act may be 
used to pay the salaries or expenses of employees of the Department of 
Agriculture to allocate the rate of price support between the purchase 
prices for nonfat dry milk and butter in a manner that does not support 
the price of milk in accordance with section 1501(b) of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 7981(b)).
    Sec. 781. Emergency Watershed Protection Program. Notwithstanding 
any other provision of law, the Secretary of Agriculture is authorized 
to make funding and other assistance available through the emergency 
watershed protection program under section 403 of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2203) to repair and prevent damage to non-
Federal land in watersheds that have been impaired by fires initiated by 
the Federal Government and to waive cost sharing requirements for the 
funding and assistance.
    Sec. 782. The Secretary may waive the requirements regarding small 
and emerging rural business as authorized under the Rural Business 
Enterprise Grant program for the purpose of a lease for the Oakridge 
Oregon Industrial Park.
    Sec. 783. Water and Waste Disposal Grant to the Alaska Department of 
Community and Economic Development. Notwithstanding any other provision 
of law--
            (1) the Alaska Department of Community and Economic 
        Development shall be eligible to receive a water and waste 
        disposal grant under section 306(a) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 1926(a)) in an amount that is 
        equal to not more than 75 percent of the total cost

[[Page 118 STAT. 45]]

        of providing water and sewer service to the proposed hospital in 
        the Matanuska-Susitna Borough, Alaska; and
            (2) the Alaska Department of Community and Economic 
        Development shall be allowed to pass the grant funds through to 
        the local government entity that will provide water and sewer 
        service to the hospital.

    Sec. 784. None of the funds provided in this Act may be used for 
salaries and expenses to carry out any regulation or rule insofar as it 
would make ineligible for enrollment in the conservation reserve program 
established under subchapter B of chapter 1 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) land that is 
planted to hardwood trees as of the date of enactment of this Act and 
was enrolled in the conservation reserve program under a contract that 
expired prior to calendar year 2002.
    Sec. 785. Water and Waste Disposal Grant to the City of Postville, 
Iowa. Notwithstanding any other provision of law, the City of Postville, 
Iowa, shall be eligible to receive a water and waste disposal grant 
under section 306(a) of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1926(a)) in an amount that is equal to not more than 75 
percent of the total cost of providing water and sewer service in the 
city.
    Sec. 786. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to implement a reorganization of regional conservationists and/or 
regional offices of the Natural Resources Conservation Service without 
the prior approval of the Committees on Appropriations.
    Sec. 787. Of the unobligated balance available to the Food Safety 
and Inspection Service for the field automation and information 
management project at the beginning of fiscal year 2004, $5,000,000 is 
hereby rescinded.
    Sec. 788. The matter under the heading ``Integrated Activities'' in 
division A--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Programs Appropriations, 2003, 
title I--Agricultural Programs, in <<NOTE: 117 Stat. 19.>> Public Law 
108-7 is amended by striking ``7 U.S.C. 3291'' and inserting ``7 U.S.C. 
3292b''.

    Sec. 789. <<NOTE: Montana.>> Notwithstanding any other provision of 
law, the City of Great Falls, Montana, shall be considered a rural area 
for purposes of eligibility for business and industry guaranteed loans 
under section 310B(a)(1) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1932(a)(1)).

    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2004''.

[[Page 118 STAT. 46]]

 DIVISION B--DEPARTMENTS <<NOTE: Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations Act, 
  2004.>> OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2004

                                 An Act


  Making appropriations for the Departments of Commerce, Justice, and 
 State, the Judiciary, and related agencies for the fiscal year ending 
               September 30, 2004, and for other purposes.

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2004, and for other purposes, namely:

 TITLE I--DEPARTMENT <<NOTE: Department of Justice Appropriations Act, 
2004.>> OF JUSTICE

                         General Administration

    For expenses necessary for the administration of the Department of 
Justice, $106,687,000, of which not to exceed $3,317,000 is for the 
Facilities Program 2000, to remain available until expended: Provided, 
That not to exceed 43 permanent positions and 44 full-time equivalent 
workyears and $10,172,000 shall be expended for the Department 
Leadership Program exclusive of augmentation that occurred in these 
offices in fiscal year 2003: Provided further, That not to exceed 26 
permanent positions, 21 full-time equivalent workyears and $3,114,000 
shall be expended for the Office of Legislative Affairs: Provided 
further, That not to exceed 15 permanent positions, 20 full-time 
equivalent workyears and $1,875,000 shall be expended for the Office of 
Public Affairs: Provided further, That the latter two aforementioned 
offices may utilize non-reimbursable details of career employees within 
the caps described in the preceding two provisos.

                     joint automated booking system

    For expenses necessary for the nationwide deployment of a Joint 
Automated Booking System including automated capability to transmit 
fingerprint and image data, $19,176,000, to remain available until 
                           September 30, 2005.

    For necessary expenses for the planning, development, and deployment 
of an integrated fingerprint identification system, including automated 
capability to transmit fingerprint and image data, $5,100,000, to remain 
                   available until September 30, 2005.

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

[[Page 118 STAT. 47]]

and Expenses, General Legal Activities'', and ``General Administration, 
Salaries and Expenses'', and the United States Attorneys, the United 
States Marshals Service, the Antitrust Division, the United States 
Trustee Program, the Executive Office for Immigration Review, the 
Community Relations Service, the Bureau of Prisons, the Office of 
Justice Programs and the United States Parole Commission, $27,034,000, 
              to remain available until September 30, 2005.

    For the costs of conversion to narrowband communications, including 
the cost for operation and maintenance of Land Mobile Radio legacy 
systems, $103,171,000, to remain available until September 30, 2005: 
Provided, That the Attorney General shall transfer to the ``Narrowband 
Communications'' account all funds made available to the Department of 
Justice for the purchase of portable and mobile radios: Provided 
further, That any transfer made under the preceding proviso shall be 
                   subject to section 605 of this Act.

    For necessary expenses, as determined by the Attorney General, 
$1,000,000, to remain available until expended, to reimburse any 
Department of Justice organization for: (1) the costs incurred in 
reestablishing the operational capability of an office or facility which 
has been damaged or destroyed as a result of any domestic or 
international terrorist incident; and (2) the costs of providing support 
to counter, investigate or prosecute domestic or international 
terrorism, including payment of rewards in connection with these 
activities: Provided, That any Federal agency may be reimbursed for the 
costs of detaining in foreign countries individuals accused of acts of 
terrorism that violate the laws of the United States: Provided 
further, <<NOTE: Notification. Administrative Review and Appeals>> That 
funds provided under this paragraph shall be available only after the 
Attorney General notifies the Committees on Appropriations of the House 
of Representatives and the Senate in accordance with section 605 of this 
                                  Act.

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

    For necessary expenses of the Federal Detention Trustee who shall 
exercise all power and functions authorized by law relating to the 
detention of Federal prisoners in non-Federal institutions or otherwise 
in the custody of the United States Marshals Service, $814,097,000, to 
remain available until expended: Provided, That the Trustee shall be 
responsible for managing the Justice Prisoner and Alien Transportation 
System and for overseeing housing related to such detention; the 
management of funds appropriated to the Department of Justice for the 
exercise of any detention functions; and the direction of the United 
States Marshals Service with respect to the exercise of detention policy 
setting and operations for the Department: Provided further, That any 
unobligated balances available in prior years from the funds 
appropriated under the heading ``Federal Prisoner Detention'' shall be 
transferred to and merged

[[Page 118 STAT. 48]]

with the appropriation under the heading ``Detention Trustee'' and shall 
be available <<NOTE: Plan. Deadline. Office of Inspector General>> until 
expended: Provided further, That the Trustee, working in consultation 
with the Bureau of Prisons, shall submit a plan for collecting 
information related to evaluating the health and safety of Federal 
prisoners in non-Federal institutions no later than 180 days following 
                       the enactment of this Act.

    For necessary expenses of the Office of Inspector General, 
$60,840,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.

                     United States Parole Commission

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

                            Legal Activities

    For expenses necessary for the legal activities of the Department of 
Justice, not otherwise provided for, including not to exceed $20,000 for 
expenses of collecting evidence, to be expended under the direction of, 
and to be accounted for solely under the certificate of, the Attorney 
General; and rent of private or Government-owned space in the District 
of Columbia, $620,533,000, of which not to exceed $10,000,000 for 
litigation support contracts shall remain available until expended, and 
of which not less than $1,996,000 shall be available for necessary 
administrative expenses in accordance with the Radiation Exposure 
Compensation Act: Provided, That of the total amount appropriated, not 
to exceed $1,000 shall be available to the United States National 
Central Bureau, INTERPOL, for official reception and representation 
expenses: Provided further, That notwithstanding any other provision of 
law, upon a determination by the Attorney General that emergent 
circumstances require additional funding for litigation activities of 
the Civil Division, the Attorney General may transfer such amounts to 
``Salaries and Expenses, General Legal Activities'' from available 
appropriations for the current fiscal year for the Department of 
Justice, as may be necessary to respond to such circumstances: Provided 
further, That any transfer pursuant to the previous proviso shall be 
treated as a reprogramming under section 605 of this Act and shall not 
be available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $4,028,000, to be appropriated 
from the Vaccine Injury Compensation Trust Fund.

                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $133,133,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, not

[[Page 118 STAT. 49]]

to exceed $112,000,000 of offsetting collections derived from fees 
collected for premerger notification filings under the Hart-Scott-Rodino 
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the 
year of collection, shall be retained and used for necessary expenses in 
this appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated from the general fund shall be 
reduced as such offsetting collections are received during fiscal year 
2004, so as to result in a final fiscal year 2004 appropriation from the 
          general fund estimated at not more than $21,133,000.

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,526,253,000; of which not to exceed $2,500,000 shall be available 
until September 30, 2005, for: (1) training personnel in debt 
collection; (2) locating debtors and their property; (3) paying the net 
costs of selling property; and (4) tracking debts owed to the United 
States Government: Provided, That of the total amount appropriated, not 
to exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$10,000,000 of those funds available for automated litigation support 
contracts shall remain available until expended: Provided further, That 
not to exceed $2,500,000 for the operation of the National Advocacy 
Center shall remain available until expended: Provided further, That, in 
addition to reimbursable full-time equivalent workyears available to the 
Offices of the United States Attorneys, not to exceed 10,113 positions 
and 10,298 full-time equivalent workyears shall be supported from the 
funds appropriated in this Act for the United States Attorneys: Provided 
further, That of the funds made available under this heading, $1,500,000 
shall only be available to continue ``Operation Streetsweeper'': 
Provided further, That of the total amount appropriated, $6,898,000 
 shall be for Project Seahawk and shall remain available until expended.

    For necessary expenses of the United States Trustee Program, as 
authorized, $166,157,000, to remain available until expended and to be 
derived from the United States Trustee System Fund: Provided, That, 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors: Provided further, That, notwithstanding any other provision 
of law, $166,157,000 of offsetting collections pursuant to 28 U.S.C. 
589a(b) shall be retained and used for necessary expenses in this 
appropriation and remain available until expended: Provided further, 
That the sum herein appropriated from the Fund shall be reduced as such 
offsetting collections are received during fiscal year 2004, so as to 
result in a final fiscal year 2004 appropriation from the Fund estimated 
                                 at $0.

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $1,206,000.

[[Page 118 STAT. 50]]

    For necessary expenses of the United States Marshals Service, 
$719,777,000; of which not less than $11,476,000 shall only be available 
for fugitive apprehension task forces; of which $17,403,000 shall be 
available for 106 supervisory deputy marshal positions for courthouse 
security; of which not to exceed $6,000 shall be available for official 
reception and representation expenses; of which $4,000,000 shall remain 
available until expended; of which not less than $13,394,000 shall be 
available for the costs of courthouse security equipment, including 
furnishings, relocations, and telephone systems and cabling, and shall 
remain available until September 30, 2005: Provided, That, in addition 
to reimbursable full-time equivalent workyears available to the United 
States Marshals Service, not to exceed 4,400 positions and 4,259 full-
time equivalent workyears shall be supported from the funds appropriated 
           in this Act for the United States Marshals Service.

    For planning, constructing, renovating, equipping, and maintaining 
United States Marshals Service prisoner-holding space in United States 
courthouses and Federal buildings, including the renovation and 
expansion of prisoner movement areas, elevators, and sallyports, 
       $14,066,000, to remain available until September 30, 2006.

    For fees and expenses of witnesses, for expenses of contracts for 
the procurement and supervision of expert witnesses, for private counsel 
expenses, including advances, $156,145,000, to remain available until 
expended; of which not to exceed $8,000,000 may be made available for 
planning, construction, renovations, maintenance, remodeling, and repair 
of buildings, and the purchase of equipment incident thereto, for 
protected witness safesites; of which not to exceed $1,000,000 may be 
made available for the purchase and maintenance of armored vehicles for 
transportation of protected witnesses; and of which not to exceed 
$5,000,000 may be made available for the purchase, installation, and 
maintenance of secure telecommunications equipment and a secure 
automated information network to store and retrieve the identities and 
                    locations of protected witnesses.

    For necessary expenses of the Community Relations Service, 
$9,526,000 and, in addition, up to $1,000,000 of funds made available to 
the Department of Justice in this Act may be transferred by the Attorney 
General to this account: Provided, That notwithstanding any other 
provision of law, upon a determination by the Attorney General that 
emergent circumstances require additional funding for conflict 
resolution and violence prevention activities of the Community Relations 
Service, the Attorney General may transfer such amounts to the Community 
Relations Service, from available appropriations for the current fiscal 
year for the Department of Justice, as may be necessary to respond to 
such circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section

[[Page 118 STAT. 51]]

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

    For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), 
$21,759,000, to be derived from the Department of Justice Assets 
Forfeiture Fund.

                     Federal Bureau of Investigation

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States; including purchase for police-type use of not to exceed 2,454 
passenger motor vehicles, of which 1,843 will be for replacement only; 
and not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C, $4,566,798,000; of 
which not to exceed $65,000,000 for automated data processing and 
telecommunications and technical investigative equipment, and not to 
exceed $1,000,000 for undercover operations, shall remain available 
until September 30, 2005; of which $490,104,000 shall be for 
counterterrorism investigations, foreign counterintelligence, and other 
activities related to our national security; of which not less than 
$153,812,000 shall only be for Joint Terrorism Task Forces; and of which 
not to exceed $10,000,000 is authorized to be made available for making 
advances for expenses arising out of contractual or reimbursable 
agreements with State and local law enforcement agencies while engaged 
in cooperative activities related to violent crime, terrorism, organized 
crime, and drug investigations: Provided, That not to exceed $200,000 
shall be available for official reception and representation expenses: 
Provided further, That, in addition to reimbursable full-time equivalent 
workyears available to the Federal Bureau of Investigation, not to 
exceed 28,900 positions and 27,096 full-time equivalent workyears shall 
be supported from the funds appropriated in this Act for the Federal 
                        Bureau of Investigation.

    For expenses necessary for the Foreign Terrorist Tracking Task 
Force, including salaries and expenses, operations, equipment, and 
facilities, $61,597,000: Provided, That funds appropriated in previous 
fiscal years under the heading ``Federal Bureau of Investigation, 
Salaries and Expenses'' may be available for activities associated with 
                the Terrorist Threat Integration Center.

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects; $11,174,000, to remain 
available until September 30, 2006.

[[Page 118 STAT. 52]]

                     Drug Enforcement Administration

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs; and 
purchase of not to exceed 982 passenger motor vehicles, of which 886 
will be for replacement only, for police-type use, $1,601,327,000; of 
which not to exceed $33,000,000 for permanent change of station shall 
remain available until September 30, 2005; of which not to exceed 
$1,800,000 for research shall remain available until expended; of which 
not to exceed $4,000,000 for purchase of evidence and payments for 
information, not to exceed $10,000,000 for contracting for automated 
data processing and telecommunications equipment, and not to exceed 
$2,000,000 for laboratory equipment, $4,000,000 for technical equipment, 
and $2,000,000 for aircraft replacement retrofit and parts, shall remain 
available until September 30, 2005; and of which not to exceed $50,000 
shall be available for official reception and representation expenses: 
Provided, That, in addition to reimbursable full-time equivalent 
workyears available to the Drug Enforcement Administration, not to 
exceed 8,358 positions and 8,018 full-time equivalent workyears shall be 
supported from the funds appropriated in this Act for the Drug 
                       Enforcement Administration.

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking and affiliated money laundering organizations not otherwise 
provided for, to include inter-governmental agreements with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug trafficking, 
$556,465,000, of which $50,000,000 shall remain available until 
September 30, 2005: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation: 
Provided further, That any unobligated balances remaining available at 
the end of the fiscal year shall revert to the Drug Enforcement 
Administrator for reallocation among participating organizations in 
succeeding fiscal years, subject to the reprogramming procedures set 
forth in section 605 of this Act.

           Bureau of Alcohol, Tobacco, Firearms and Explosives

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, including the purchase of not to exceed 822 vehicles for 
police-type use, of which 650 shall be for replacement only; not to 
exceed $18,000 for official reception and representation expenses; for 
training of State and local law enforcement agencies with or without 
reimbursement, including training in connection

[[Page 118 STAT. 53]]

with the training and acquisition of canines for explosives and fire 
accelerants detection; and for provision of laboratory assistance to 
State and local law enforcement agencies, with or without reimbursement, 
$836,087,000, of which not to exceed $1,000,000 shall be available for 
the payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2): 
Provided, That no funds appropriated herein shall be available for 
salaries or administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 178.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided 
further, That none of the funds appropriated herein shall be available 
to investigate or act upon applications for relief from Federal firearms 
disabilities under 18 U.S.C. 925(c): Provided further, That such funds 
shall be available to investigate and act upon applications filed by 
corporations for relief from Federal firearms disabilities under section 
925(c) of title 18, United States Code: Provided further, That no funds 
made available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives to other agencies or Departments in fiscal year 
2004: Provided further, That no funds appropriated under this or any 
other Act may be used to disclose to the public the contents or any 
portion thereof of any information required to be kept by licensees 
pursuant to section 923(g) of title 18, United States Code, or required 
to be reported pursuant to paragraphs (3) and (7) of section 923(g) of 
title 18, United States Code, except that this provision shall apply to 
any request for information made by any person or entity after January 
1, 1998: Provided further, That no funds made available by this or any 
other Act shall be expended to promulgate or implement any rule 
requiring a physical inventory of any business licensed under section 
923 of title 18, United States Code: Provided further, That no funds 
under this Act may be used to electronically retrieve information 
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal 
identification code: Provided further, That subparagraphs (A) and (B) of 
28 U.S.C. 530C(b)(2), are amended by inserting ``for the Bureau of 
Alcohol, Tobacco, Firearms and Explosives,'' after ``Marshals Service,'' 
in each subparagraph.

                          Federal Prison System

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 838, of which 535 are for replacement only) and 
hire of law enforcement and passenger motor vehicles, and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments, $4,461,257,000: Provided, <<NOTE: 42 USC 
250a.>> That the Attorney General may transfer to the Health Resources 
and Services Administration such amounts as may be necessary for direct 
expenditures by that Administration for medical relief for inmates of 
Federal penal and correctional institutions:

[[Page 118 STAT. 54]]

Provided further, That the Director of the Federal Prison System, where 
necessary, may enter into contracts with a fiscal agent/fiscal 
intermediary claims processor to determine the amounts payable to 
persons who, on behalf of the Federal Prison System, furnish health 
services to individuals committed to the custody of the Federal Prison 
System: Provided further, That not to exceed $6,000 shall be available 
for official reception and representation expenses: Provided further, 
That not to exceed $50,000,000 shall remain available for necessary 
operations until September 30, 2005: Provided further, That, of the 
amounts provided for Contract Confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980, for the care and security in the United States of Cuban and 
Haitian entrants: Provided further, That the Director of the Federal 
Prison System may accept donated property and services relating to the 
operation of the prison card program from a not-for-profit entity which 
has operated such program in the past notwithstanding the fact that such 
not-for-profit entity furnishes services under contracts to the Federal 
Prison System relating to the operation of pre-release services, halfway 
                  houses or other custodial facilities.

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$397,700,000, to remain available until expended, of which not to exceed 
$14,000,000 shall be available to construct areas for inmate work 
programs: Provided, That labor of United States prisoners may be used 
for work performed under this appropriation: Provided 
further, <<NOTE: Notification. Federal Prison Industries, 
Incorporated>> That not to exceed 10 percent of the funds appropriated 
to ``Buildings and Facilities'' in this or any other Act may be 
transferred to ``Salaries and Expenses'', Federal Prison System, upon 
notification by the Attorney General to the Committees on Appropriations 
of the House of Representatives and the Senate in compliance with 
            provisions set forth in section 605 of this Act.

    The Federal Prison Industries, Incorporated, is hereby authorized to 
make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

[[Page 118 STAT. 55]]

    Not to exceed $3,429,000 of the funds of the corporation shall be 
available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which such accounting system 
requires to be capitalized or charged to cost of commodities acquired or 
produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other property 
belonging to the corporation or in which it has an interest.

                       Office of Justice Programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, the Missing Children's Assistance Act, including salaries and 
expenses in connection therewith, the Prosecutorial Remedies and Other 
Tools to end the Exploitation of Children Today Act of 2003 (Public Law 
108-21), and the Victims of Crime Act of 1984, $190,125,000, to remain 
                        available until expended.

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Victims of Trafficking 
and Violence Protection Act of 2000 (Public Law 106-386); and other 
programs; $1,297,684,000 (including amounts for administrative costs, 
which shall be transferred to and merged with the ``Justice Assistance'' 
account): Provided, That all balances under this heading for programs to 
address violence against women may be transferred to and merged with the 
appropriation for ``Violence Against Women Prevention and Prosecution 
Programs'': Provided further, That funding provided under this heading 
shall remain available until expended as follows:
            (1) $225,000,000 for Local Law Enforcement Block Grants, 
        pursuant to H.R. 728 as passed by the House of Representatives 
        on February 14, 1995, except that for purposes of this Act and 
        retroactive to October 1, 2000, Guam shall be considered as one 
        ``State'' for all purposes under H.R. 728, notwithstanding any 
        provision of section 108(3) thereof, the Commonwealth of Puerto 
        Rico shall be considered a ``unit of local government'' as well 
        as a ``State'', for the purposes set forth in paragraphs (A), 
        (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728, and for 
        establishing crime prevention programs involving cooperation 
        between community residents and law enforcement personnel in 
        order to control, detect, or investigate crime or the 
        prosecution of criminals: Provided, That funding shall be 
        available for the purposes authorized by part E of title I of 
        the 1968 Act: Provided further, That no funds provided under 
        this

[[Page 118 STAT. 56]]

        heading may be used as matching funds for any other Federal 
        grant program, of which--
                    (A) $80,000,000 shall be for Boys and Girls Clubs in 
                public housing facilities and other areas in cooperation 
                with State and local law enforcement, as authorized by 
                section 401 of Public Law 104-294 (42 U.S.C. 13751 
                note);
                    (B) $10,000,000 shall be available for grants, 
                contracts, and other assistance to carry out section 
                102(c) of H.R. 728; and
                    (C) $2,981,000 for USA Freedom Corps activities;
            (2) $300,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 242(j) of the Immigration and 
        Nationality Act: Provided, That funds shall be disbursed only as 
        a direct reimbursement for each State's documented cost for 
        incarcerating undocumented criminal aliens;
            (3) $2,000,000 for the Cooperative Agreement Program for the 
        improvement of State and local correctional facilities holding 
        prisoners in custody of the United States Marshals Service;
            (4) $15,000,000 for assistance to Indian tribes, of which--
                    (A) $2,000,000 shall be available for grants under 
                section 20109(a)(2) of subtitle A of title II of the 
                1994 Act;
                    (B) $8,000,000 shall be available for the Tribal 
                Courts Initiative; and
                    (C) $5,000,000 shall be available for demonstration 
                projects on alcohol and crime in Indian Country;
            (5) $659,117,000 for programs authorized by part E of title 
        I of the 1968 Act, notwithstanding the provisions of section 511 
        of said Act, of which $159,117,000 shall be for discretionary 
        grants under the Edward Byrne Memorial State and Local Law 
        Enforcement Assistance Programs;
            (6) $10,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386;
            (7) $892,000 for the Missing Alzheimer's Disease Patient 
        Alert Program, as authorized by section 240001(c) of the 1994 
        Act;
            (8) $38,500,000 for Drug Courts, as authorized by part EE of 
        title I of the 1968 Act;
            (9) $2,000,000 for public awareness programs addressing 
        marketing scams aimed at senior citizens, as authorized by 
        section 250005(3) of the 1994 Act;
            (10) $7,000,000 for a prescription drug monitoring program;
            (11) $37,175,000 for prison rape prevention and prosecution 
        programs as authorized by the Prison Rape Elimination Act of 
        2003 (Public Law 108-79), of which $2,175,000 shall be 
        transferred to the National Prison Rape Reduction Commission for 
        authorized activities; and
            (12) $1,000,000 for a State and local law enforcement hate 
        crimes training and technical assistance program: Provided, That 
        funds made available in fiscal year 2004 under subpart 1 of part 
        E of title I of the 1968 Act may be obligated for programs to 
        assist States in the litigation processing of death penalty 
        Federal habeas corpus petitions and for drug testing 
        initiatives: Provided further, That, if a unit of local 
        government uses any of the funds made available under this title 
        to increase

[[Page 118 STAT. 57]]

        the number of law enforcement officers, the unit of local 
        government will achieve a net gain in the number of law 
        enforcement officers who perform nonadministrative public safety 
                                    service.

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $58,542,000, to remain available until September 30, 
2005, for inter-governmental agreements, including grants, cooperative 
agreements, and contracts, with State and local law enforcement 
agencies, non-profit organizations, and agencies of local government 
engaged in the investigation and prosecution of violent crimes and drug 
offenses in ``Weed and Seed'' designated communities, and for either 
reimbursements or transfers to appropriation accounts of the Department 
of Justice and other Federal agencies which shall be specified by the 
Attorney General to execute the ``Weed and Seed'' program strategy: 
Provided, That funds designated by Congress through language for other 
Department of Justice appropriation accounts for ``Weed and Seed'' 
program activities shall be managed and executed by the Attorney General 
through the Executive Office for <<NOTE: Notification. COMMUNITY 
ORIENTED POLICING SERVICES>> Weed and Seed: Provided further, That the 
Attorney General may direct the use of other Department of Justice funds 
and personnel in support of ``Weed and Seed'' program activities only 
after the Attorney General notifies the Committees on Appropriations of 
the House of Representatives and the Senate in accordance with section 
                            605 of this Act.

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (including administrative 
costs), $756,283,000, to remain available until expended: Provided, That 
funds that become available as a result of deobligations from prior year 
balances may not be obligated except in accordance with section 605 of 
this Act: Provided further, That of the funds under this heading, not to 
exceed $1,972,000 shall be available for the Office of Justice Programs 
for reimbursable services associated with programs administered by the 
Community Oriented Policing Services Office: Provided further, That 
section 1703(b) and (c) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (``the 1968 Act'') shall not apply to non-hiring grants made 
pursuant to part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of the 
amounts provided--
            (1) $120,000,000 for the hiring of law enforcement officers, 
        including $60,000,000 for school resource officers;
            (2) $25,000,000 for the matching grant program for Law 
        Enforcement Armor Vests pursuant to section 2501 of part Y of 
        the 1968 Act;
            (3) $25,000,000 to improve tribal law enforcement including 
        equipment and training;
            (4) $54,050,000 for policing initiatives to combat 
        methamphetamine production and trafficking and to enhance 
        policing initiatives in ``drug hot spots'';
            (5) $15,000,000 for Police Corps education and training: 
        Provided, That the out-year program costs of new recruits shall 
        be fully funded from funds currently available;
            (6) $158,407,000 for a law enforcement technology program;

[[Page 118 STAT. 58]]

            (7) $30,000,000 for grants to upgrade criminal records, as 
        authorized under the Crime Identification Technology Act of 1998 
        (42 U.S.C. 14601);
            (8) $100,000,000 for a DNA analysis and backlog reduction 
        formula program, of which--
                    (A) $55,000,000 shall be for eliminating casework 
                backlogs;
                    (B) $5,000,000 shall be for eliminating the offender 
                backlog;
                    (C) $30,000,000 shall be for strengthening crime lab 
                capacity;
                    (D) $5,000,000 shall be for training the criminal 
                justice community; and
                    (E) $5,000,000 shall be for using DNA to identify 
                missing persons;
            (9) $10,000,000 for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act (42 
        U.S.C. 3797j et seq.);
            (10) $30,000,000 for the Southwest Border Prosecutor 
        Initiative to reimburse State, county, parish, tribal, or 
        municipal governments only for costs associated with the 
        prosecution of criminal cases declined by local United States 
        Attorneys offices;
            (11) $5,000,000 for an offender re-entry program, as 
        authorized by Public Law 107-273;
            (12) $10,000,000 for a police integrity program;
            (13) $30,000,000 for Project Safe Neighborhoods to reduce 
        gun violence, and gang and drug-related crime;
            (14) $24,226,000 for grants, contracts and other assistance 
        to States under section 102(b) of the Crime Identification 
        Technology Act of 1998 (42 U.S.C. 14601), of which $5,000,000 is 
        for the National Institute of Justice for grants, contracts, and 
        other agreements to develop school safety technologies and 
        training;
            (15) $85,000,000 for the COPS Interoperable Communications 
        Technology Program;
            (16) $4,600,000 for the Safe Schools Initiative; and
            (17) not to exceed $30,000,000 for program management and 
                                 administration.

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(``the 1968 Act''); the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of Child Abuse 
Act of 1990 (``the 1990 Act''); the Prosecutorial Remedies and Other 
Tools to end the Exploitation of Children Today Act of 2003 (Public Law 
108-21); and the Victims of Trafficking and Violence Protection Act of 
2000 (Public Law 106-386); $387,629,000 (including amounts for 
administrative costs, which shall be transferred to and merged with the 
``Justice Assistance'' account), to remain available until expended.
    Of the amount provided--
            (1) $11,897,000 for the court appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;

[[Page 118 STAT. 59]]

            (2) $2,281,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act;
            (3) $994,000 for grants for televised testimony, as 
        authorized by part N of the 1968 Act;
            (4) $168,334,000 for grants to combat violence against 
        women, as authorized by part T of the 1968 Act, of which--
                    (A) $5,200,000 shall be for the National Institute 
                of Justice for research and evaluation of violence 
                against women; and
                    (B) $10,000,000 shall be for the Office of Juvenile 
                Justice and Delinquency Prevention for the Safe Start 
                Program, as authorized by the Juvenile Justice and 
                Delinquency Act of 1974;
            (5) $64,503,000 for grants to encourage arrest policies as 
        authorized by part U of the 1968 Act;
            (6) $39,685,000 for rural domestic violence and child abuse 
        enforcement assistance grants, as authorized by section 40295 of 
        the 1994 Act;
            (7) $4,957,000 for training programs as authorized by 
        section 40152 of the 1994 Act, and for related local 
        demonstration projects;
            (8) $2,981,000 for grants to improve the stalking and 
        domestic violence databases, as authorized by section 40602 of 
        the 1994 Act;
            (9) $9,935,000 to reduce violent crimes against women on 
        campus, as authorized by section 1108(a) of Public Law 106-386;
            (10) $39,740,000 for legal assistance for victims, as 
        authorized by section 1201 of Public Law 106-386;
            (11) $4,968,000 for enhancing protection for older and 
        disabled women from domestic violence and sexual assault as 
        authorized by section 40802 of the 1994 Act;
            (12) $14,903,000 for the safe havens for children pilot 
        program as authorized by section 1301 of Public Law 106-386;
            (13) $15,000,000 shall be for transitional housing 
        assistance grants for victims of domestic violence, stalking or 
        sexual assault as authorized by Public Law 108-21; and
            (14) $7,451,000 for education and training to end violence 
        against and abuse of women with disabilities, as authorized by 
                       section 1402 of Public Law 106-386.

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the Act''), and other juvenile justice programs, including 
salaries and expenses in connection therewith to be transferred to and 
merged with the appropriations for Justice Assistance, $352,700,000, to 
remain available until expended, as follows--
            (1) $3,600,000 for concentration of Federal efforts, as 
        authorized by section 204 of the Act;
            (2) $84,000,000 for State and local programs authorized by 
        section 221 of the Act, including training and technical 
        assistance to assist small, non-profit organizations with the 
        Federal grants process;

[[Page 118 STAT. 60]]

            (3) $2,500,000 for research, evaluation, training and 
        technical assistance, as authorized by sections 251 and 252 of 
        the Act;
            (4) $79,600,000 for demonstration projects as authorized by 
        sections 261 and 262 of the Act;
            (5) $80,000,000 for delinquency prevention, as authorized by 
        section 505 of the Act, of which--
                    (A) $10,000,000 shall be for the Tribal Youth 
                program;
                    (B) $20,000,000 shall be for a gang resistance 
                education and training program to be coordinated with 
                the Bureau of Alcohol, Tobacco, Firearms and Explosives; 
                and
                    (C) $25,000,000 shall be for grants of $360,000 to 
                each State and $6,640,000 shall be available for 
                discretionary grants to States, for programs and 
                activities to enforce State laws prohibiting the sale of 
                alcoholic beverages to minors or the purchase or 
                consumption of alcoholic beverages by minors, prevention 
                and reduction of consumption of alcoholic beverages by 
                minors, and for technical assistance and training;
            (6) $5,000,000 for Project Childsafe;
            (7) $10,000,000 for the Secure Our Schools Act as authorized 
        by Public Law 106-386;
            (8) $15,000,000 for Project Sentry to reduce youth gun 
        violence, and gang and drug-related crime;
            (9) $13,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990; and
            (10) $60,000,000 for the Juvenile Accountability Block 
        Grants program as authorized by Public Law 107-273 and Guam 
        shall be considered a State:

Provided, That not more than 10 percent of each amount in this section 
may be used for research, evaluation, and statistics activities designed 
to benefit the programs or activities authorized, and not more than 2 
percent of each amount may be used for training and technical 
                               assistance.

    To remain available until expended, for payments authorized by part 
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796), such sums as are necessary, as authorized by section 
6093 of Public Law 100-690 (102 Stat. 4339-4340); and $3,000,000, to 
remain available until expended for payments as authorized by section 
1201(b) of said Act.

                General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $45,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses.
    Sec. 102. <<NOTE: Abortion.>> None of the funds appropriated by this 
title shall be available to pay for an abortion, except where the life 
of the mother would be endangered if the fetus were carried to term, or 
in the case of rape: Provided, That should this prohibition be

[[Page 118 STAT. 61]]

declared unconstitutional by a court of competent jurisdiction, this 
section shall be null and void.
    Sec. 103. <<NOTE: Abortion.>> None of the funds appropriated under 
this title shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.

    Sec. 104. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 103 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 105. Notwithstanding any other provision of law, not to exceed 
$10,000,000 of the funds made available in this Act may be used to 
establish and publicize a program under which publicly advertised, 
extraordinary rewards may be paid, which shall not be subject to 
spending limitations contained in sections 3059 and 3072 of title 18, 
United States Code: Provided, That any reward of $100,000 or more, up to 
a maximum of $2,000,000, may not be made without the personal approval 
of the President or the Attorney General and such approval may not be 
delegated: Provided further, That rewards made pursuant to section 501 
of Public Law 107-56 shall not be subject to this section.
    Sec. 106. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 107. Section 114 of Public Law 107-77 shall remain in effect 
during fiscal year 2004.
    Sec. 108. (a) <<NOTE: 28 USC 524 note.>> Hereafter, the Attorney 
General is authorized to transfer, under such terms and conditions as 
the Attorney General shall specify, forfeited real or personal property 
of limited or marginal value, as such value is determined by guidelines 
established by the Attorney General, to a State or local government 
agency, or its designated contractor or transferee, for use to support 
drug abuse treatment, drug and crime prevention and education, housing, 
job skills, and other community-based public health and safety programs.

    (b) Any transfer under the preceding proviso shall not create or 
confer any private right of action in any person against the United 
States, and shall be treated as a reprogramming under section 605 of 
this Act.
    Sec. 109. Authorities contained in the 21st Century Department of 
Justice Appropriations Authorization Act (Public Law 107-273) shall 
remain in effect until the effective date of a subsequent Department of 
Justice appropriations authorization Act.
    Sec. 110. None of the funds appropriated or otherwise made available 
by this Act or any other Act to the Department of Justice shall be 
expended for the purpose of reimbursement or direct payments for the 
legal fees of an individual employed as an attorney in the Department of 
Justice for a matter in which the individual

[[Page 118 STAT. 62]]

is the subject of a disciplinary recommendation for ethical misconduct 
by the Counsel for Professional Responsibility.
    Sec. 111. In addition to the amounts provided under ``Salaries and 
Expenses, United States Attorneys'', $15,000,000 shall be for Project 
Seahawk and shall remain available until expended.
    Sec. 112. (a)(1) <<NOTE: 25 USC 3651 note.>> None of the funds 
provided in this Act or hereafter may be used for courts or law 
enforcement officers for a tribe or village--
            (A) in which fewer than 25 Native members live in the 
        village year round; or
            (B) that is located within the boundaries of the Fairbanks 
        North Star Borough, the Matanuska Susitna Borough, the 
        Municipality of Anchorage, the Kenai Peninsula Borough, the City 
        and Borough of Juneau, the Sitka Borough, or the Ketchikan 
        Borough.

    (2)(A) <<NOTE: Establishment. Alaska.>> There is established an 
Alaska Rural Justice and Law Enforcement Commission (hereinafter 
``Justice Commission''). The United States Attorney General shall 
appoint the Justice Commission which shall include a Federal Co-
chairman, the Attorney General for the State of Alaska or his designee 
who shall act as the State Co-Chairman, the Commissioner of Public 
Safety for the State of Alaska, a representative from the Alaska 
Municipal League, a representative from an organized borough, a 
representative of the Alaska Federation of Natives, a tribal 
representative, a representative from a non-profit Native corporation 
that operates Village Public Safety Officer programs, and a 
representative from the Alaska Native Justice Center. The chief judge 
for the Federal District Court for the District of Alaska may also 
appoint a non-voting representative to provide technical support. The 
Justice Commission may hire such staff as is necessary to assist with 
its work.

    (B) The Justice Commission shall review Federal, State, local, and 
tribal jurisdiction over civil and criminal matters in Alaska but 
outside the Municipality of Anchorage, the Fairbanks North Star Borough, 
the Kenai Peninsula Borough, the Matanuska-Susitna Borough, the City and 
Borough of Juneau, the Sitka Borough, and the Ketchikan 
Borough. <<NOTE: Deadline.>> It shall make recommendations to Congress 
and the Alaska State Legislature no later than May 1, 2004, on options 
which shall include the following--
            (i) create a unified law enforcement system, court system, 
        and system of local laws or ordinances for Alaska Native 
        villages and communities of varying sizes including the 
        possibility of first, second, and third class villages with 
        different powers;
            (ii) meet the law enforcement and judicial personnel needs 
        in rural Alaska including the possible use of cross deputization 
        in a way that maximizes the existing resources of Federal, 
        State, local, and tribal governments;
            (iii) address the needs to regulate alcoholic beverages 
        including the prohibition of the sale, importation, use, or 
        possession of alcoholic beverages and to provide restorative 
        justice for persons who violate such laws including treatment; 
        and
            (iv) address the problem of domestic violence and child 
        abuse including treatment options and restorative justice.

    (b)(1) The General Accounting Office shall immediately begin a 
review of Federal programs benefitting rural communities in Alaska 
including the name of each program and the department or agency that 
administers it, the amount of funds provided to

[[Page 118 STAT. 63]]

Alaska through each program, a list of the statutes and regulations 
governing use of funds for each program, and any data demonstrating the 
performance of each program. With respect to housing programs, the study 
shall determine the number of houses built by each Native housing 
authority including the cost per house. 
The <<NOTE: Reports. Deadline.>> Office shall submit a report of its 
findings to the House and Senate Committees on Appropriations, and to 
the Alaska Federation of Natives no later than April 30, 2004.

    (2) The Alaska Federation of Natives, in consultation with the 
Alaska Municipal League, may review the delivery of Federal programs in 
Alaska and make recommendations to the Congress to reduce duplication, 
improve and consolidate delivery of services, streamline application and 
administrative procedures, improve accountability, mandate performance 
measures, and other actions to reduce costs and improve efficiency.
    (c) The Federal Advisory Committee Act shall not apply to this 
section.
    (d) Amend the Denali Commission Act (title III of Public Law 105-
277) by adding a new section as follows:
    ``Sec. 310. (a) <<NOTE: Establishment. 42 USC 3121 note.>> The 
Federal Co-chairman of the Denali Commission shall appoint an Economic 
Development Committee to be chaired by the president of the Alaska 
Federation of Natives which shall include the Commissioner of Community 
and Economic Affairs for the State of Alaska, a representative from the 
Alaska Bankers Association, the chairman of the Alaska Permanent Fund, a 
representative from the Alaska State Chamber of Commerce, and a 
representative from each region. Of the regional representatives, at 
least two each shall be from Native regional corporations, Native non-
profit corporations, tribes, and borough governments.

    ``(b) The Economic Development Committee is authorized to consider 
and approve applications from Regional Advisory Committees for grants 
and loans to promote economic development and promote private sector 
investment to reduce poverty in economically distressed rural villages. 
The Economic Development Committee may make mini-grants to individual 
applicants and may issue loans under such terms and conditions as it 
determines.
    ``(c) <<NOTE: Establishment.>> The State Co-chairman of the Denali 
Commission shall appoint a Regional Advisory Committee for each region 
which may include representatives from local, borough, and tribal 
governments, the Alaska Native non-profit corporation operating in the 
region, local Chambers of Commerce, and representatives of the private 
sector. Each Regional Advisory Committee shall develop a regional 
economic development plan for consideration by the Economic Development 
Committee.

    ``(d) The Economic Development Committee, in consultation with the 
First Alaskans Institute, may develop rural development performance 
measures linking economic growth to poverty reduction to measure the 
success of its program which may include economic, educational, social, 
and cultural indicators. The performance measures will be tested in one 
region for 2 years and evaluated by the University of Alaska before 
being deployed statewide. Thereafter, performance in each region shall 
be evaluated using the performance measures, and the Economic 
Development Committee shall not fund projects which do not demonstrate 
success.
    ``(e) Within the amounts made available annually to the Denali 
Commission for training, the Commission may make a grant to the First 
Alaskans Foundation upon submittal of an acceptable

[[Page 118 STAT. 64]]

work plan to assist Alaska Natives and other rural residents in 
acquiring the skills and training necessary to participate fully in 
private sector business and economic and development opportunities 
through fellowships, scholarships, internships, public service programs, 
and other leadership initiatives.
    ``(f) The Committee shall sponsor a statewide economic development 
summit in consultation with the World Bank to evaluate the best 
practices for economic development worldwide and how they can be 
incorporated into regional economic development plans.
    ``(g) There is authorized to be appropriated such sums as may be 
necessary to the following agencies which shall be transferred to the 
Denali Commission as a direct lump sum payment to implement this 
section--
            ``(1) Department of Commerce, Economic Development 
        Administration,
            ``(2) Department of Housing and Urban Development,
            ``(3) Department of the Interior, Bureau of Indian Affairs,
            ``(4) Department of Agriculture, Rural Development 
        Administration, and
            ``(5) Small Business Administration.''.

    Sec. 113. For an additional amount for the ``Local Law Enforcement 
Block Grant'' program to be provided to the City of San Juan, Puerto 
Rico, $550,000.
    Sec. 114. Of the unobligated balances available to the Department of 
Justice from prior year appropriations with the exception of funds 
provided for counterterrorism activities, counterintelligence 
activities, white collar crime enforcement, organized crime enforcement, 
and drug enforcement, $100,000,000 <<NOTE: Deadline. Reports.>> are 
rescinded: Provided, That within 30 days after the date of the enactment 
of this section the Attorney General shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
specifying the amount of each rescission made pursuant to this section.

    This title may be cited as the ``Department of Justice 
Appropriations Act, 2004''.

TITLE II--DEPARTMENT <<NOTE: Department of Commerce and Related Agencies 
Appropriations Act, 2004.>> OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$41,994,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available for official 
reception and representation expenses: Provided further, That not less 
than $2,000,000 provided under this heading shall be for expenses 
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, That 
negotiations shall be conducted within the World Trade Organization to 
recognize the right of

[[Page 118 STAT. 65]]

members to distribute monies collected from antidumping and 
countervailing duties.

                     International Trade Commission

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $58,295,000, to remain available until 
expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel and 
transportation of employees of the United States and Foreign Commercial 
Service between two points abroad, without regard to 49 U.S.C. 40118; 
employment of Americans and aliens by contract for services; rental of 
space abroad for periods not exceeding 10 years, and expenses of 
alteration, repair, or improvement; purchase or construction of 
temporary demountable exhibition structures for use abroad; payment of 
tort claims, in the manner authorized in the first paragraph of 28 
U.S.C. 2672 when such claims arise in foreign countries; not to exceed 
$327,000 for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed $30,000 
per vehicle; obtaining insurance on official motor vehicles; and rental 
of tie lines, $395,123,000, to remain available until expended, of which 
$13,000,000 is to be derived from fees to be retained and used by the 
International Trade Administration, notwithstanding 31 U.S.C. 3302: 
Provided, <<NOTE: Establishment.>> That $46,669,000 shall be for 
Manufacturing and Services; $38,204,000 shall be for Market Access and 
Compliance; $68,160,000 shall be for the Import Administration of which 
$3,000,000 is to establish an Office of China Compliance; $217,040,000 
shall be for the United States and Foreign Commercial Service of which 
$1,500,000 is for the Advocacy Center, $2,500,000 is for the Trade 
Information Center, and $2,100,000 is for a China and Middle East 
Business Center; and $25,050,000 shall be for Executive Direction and 
Administration: Provided further, That negotiations shall be conducted 
within the World Trade Organization to recognize the right of members to 
distribute monies collected from antidumping and countervailing duties: 
Provided further, <<NOTE: Applicability.>> That the provisions of the 
first sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities without regard to 
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15

[[Page 118 STAT. 66]]

U.S.C. 4912); and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange Act of 
1961 shall include payment for assessments for services provided as part 
of these activities.

                     Bureau of Industry and Security

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of Americans and aliens by contract for services abroad; 
payment of tort claims, in the manner authorized in the first paragraph 
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to 
exceed $15,000 for official representation expenses abroad; awards of 
compensation to informers under the Export Administration Act of 1979, 
and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor 
vehicles for official use and motor vehicles for law enforcement use 
with special requirement vehicles eligible for purchase without regard 
to any price limitation otherwise established by law, $68,203,000, to 
remain available until September 30, 2005, of which $7,203,000 shall be 
for inspections and other activities related to national security: 
Provided, <<NOTE: Applicability.>> That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided further, 
That payments and contributions collected and accepted for materials or 
services provided as part of such activities may be retained for use in 
covering the cost of such activities, and for providing information to 
the public with respect to the export administration and national 
security activities of the Department of Commerce and other export 
control programs of the United States and other governments.

                   Economic Development Administration

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, and for trade 
adjustment assistance, $288,115,000, to remain available until expended.

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $30,565,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title I 
of the Public Works Employment Act of 1976, title II of the Trade Act of 
1974, and the Community Emergency Drought Relief Act of 1977.

[[Page 118 STAT. 67]]

                  Minority Business Development Agency

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $28,859,000.

                 Economic and Information Infrastructure

                    Economic and Statistical Analysis

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$75,000,000, to remain available until September 30, 2005.

                          Bureau of the Census

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

    For necessary expenses related to the 2010 decennial census, 
$255,200,000, to remain available until September 30, 2005: Provided, 
That, of the total amount available related to the 2010 decennial 
census, $107,090,000 is for the Re-engineered Design Process for the 
Short-Form Only Census, $64,800,000 is for the American Community 
Survey, and $83,310,000 is for the Master Address File/Topologically 
Integrated Geographic Encoding and Referencing (MAF/TIGER) system.
    In addition, for expenses to collect and publish statistics for 
other periodic censuses and programs provided for by law, $180,853,000, 
to remain available until September 30, 2005, of which $80,082,000 is 
for economic statistics programs and $100,771,000 is for 
demographic <<NOTE: Reports.>> statistics programs: Provided, That 
regarding engineering and design of a facility at the Suitland Federal 
Center, quarterly reports regarding the expenditure of funds and project 
planning, design and cost decisions shall be provided by the Bureau, in 
cooperation with the General Services Administration, to the Committees 
on Appropriations of the Senate and the House of Representatives: 
Provided further, That none of the funds provided in this or any other 
Act under the heading ``Bureau of the Census, Periodic Censuses and 
Programs'' shall be used to fund the construction and tenant build-out 
costs of a facility at the Suitland Federal Center.

       National Telecommunications and Information Administration

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

[[Page 118 STAT. 68]]

$14,604,000, to remain available until September 30, 2005: Provided, 
That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, and operations, and related services and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That the 
Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from other 
Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
       Government agencies shall remain available until expended.

    For grants authorized by section 392 of the Communications Act of 
1934, $22,000,000, to remain available until expended as authorized by 
section 391 of the Act: Provided, That not to exceed $2,000,000 shall be 
available for program administration as authorized by section 391 of the 
Act: Provided further, That, notwithstanding the provisions of section 
391 of the Act, the prior year unobligated balances may be made 
available for grants for projects for which applications have been 
             submitted and approved during any fiscal year.

    For grants authorized by section 392 of the Communications Act of 
1934, $15,000,000, to remain available until expended as authorized by 
section 391 of the Act: Provided, That not to exceed $3,000,000 shall be 
available for program administration and other support activities as 
authorized by section 391: Provided further, That, of the funds 
appropriated herein, not to exceed 5 percent may be available for 
telecommunications research activities for projects related directly to 
the development of a national information infrastructure: Provided 
further, That, notwithstanding the requirements of sections 392(a) and 
392(c) of the Act, these funds may be used for the planning and 
construction of telecommunications networks for the provision of 
educational, health care, or public information: Provided further, That, 
notwithstanding any other provision of law, no entity that receives 
telecommunications services at preferential rates under section 254(h) 
of the Act (47 U.S.C. 254(h)) or receives assistance under the regional 
information sharing systems grant program of the Department of Justice 
under part M of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under this 
heading to cover any costs of the entity that would otherwise be covered 
by such preferential rates or such assistance, as the case may be.

[[Page 118 STAT. 69]]

                United States Patent and Trademark Office

    For necessary expenses of the United States Patent and Trademark 
Office provided for by law, including defense of suits instituted 
against the Under Secretary of Commerce for Intellectual Property and 
Director of the United States Patent and Trademark Office, 
$1,222,460,000, to remain available until expended, which amount shall 
be derived from offsetting collections assessed and collected pursuant 
to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained and 
used for necessary expenses in this appropriation: Provided, That the 
sum herein appropriated from the general fund shall be reduced as such 
offsetting collections are received during fiscal year 2004, so as to 
result in a fiscal year 2004 appropriation from the general fund 
estimated at $0: Provided further, That during fiscal year 2004, should 
the total amount of offsetting fee collections be less than 
$1,222,460,000, the total amounts available to the United States Patent 
and Trademark Office shall be reduced accordingly: Provided further, 
That from amounts provided herein, not to exceed $1,000 shall be made 
available in fiscal year 2004 for official reception and representation 
expenses: Provided further, That, notwithstanding section 1353 of title 
31, United States Code, no employee of the United States Patent and 
Trademark Office may accept payment or reimbursement from a non-Federal 
entity for travel, subsistence, or related expenses for the purpose of 
enabling an employee to attend and participate in a convention, 
conference, or meeting when the entity offering payment or reimbursement 
is a person or corporation subject to regulation by the Office, or 
represents a person or corporation subject to regulation by the Office, 
unless the person or corporation is an organization exempt from taxation 
pursuant to section 501(c)(3) of the Internal Revenue Code of 1986.

                         Science and Technology

                        Technology Administration

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

             National Institute of Standards and Technology

    For necessary expenses of the National Institute of Standards and 
Technology, $344,366,000, to remain available until expended, of which 
not to exceed $282,000 may be transferred to the ``Working Capital 
Fund''.

                     industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership of 
the National Institute of Standards and Technology, $39,607,000, to 
remain available until expended.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology,

[[Page 118 STAT. 70]]

$179,175,000, to remain available until expended, of which $60,700,000 
shall be expended for the award of new grants before September 30, 2004.

    For construction of new research facilities, including architectural 
and engineering design, and for renovation and maintenance of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by 15 U.S.C. 278c-278e, 
$64,954,000, to remain available until expended.

             National Oceanic and Atmospheric Administration

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft; grants, contracts, or other payments to 
nonprofit organizations for the purposes of conducting activities 
pursuant to cooperative agreements; and relocation of facilities as 
authorized, $2,686,520,000, to remain available until September 30, 
2005, except for funds provided for cooperative enforcement which shall 
remain available until September 30, 2006: Provided, That fees and 
donations received by the National Ocean Service for the management of 
the national marine sanctuaries may be retained and used for the 
salaries and expenses associated with those activities, notwithstanding 
31 U.S.C. 3302: Provided further, That, in addition, $62,000,000 shall 
be derived by transfer from the fund entitled ``Promote and Develop 
Fishery Products and Research Pertaining to American Fisheries'': 
Provided further, That grants to States pursuant to sections 306 and 
306A of the Coastal Zone Management Act of 1972, as amended, shall not 
exceed $2,000,000, unless funds provided for ``Coastal Zone Management 
Grants'' exceed funds provided in the previous fiscal year: Provided 
further, That if funds provided for ``Coastal Zone Management Grants'' 
exceed funds provided in the previous fiscal year, then no State shall 
receive more than 5 percent or less than 1 percent of the additional 
funds: Provided further, That, of the $2,748,520,000 provided for in 
direct obligations under this heading (of which $2,686,520,000 is 
appropriated from the General Fund and $62,000,000 is provided by 
transfer), $513,910,000 shall be for the National Ocean Service, 
$639,990,000 shall be for the National Marine Fisheries Service, 
$400,813,000 shall be for Oceanic and Atmospheric Research, $729,685,000 
shall be for the National Weather Service, $153,827,000 shall be for the 
National Environmental Satellite, Data, and Information Service, and 
$310,295,000 shall be for Program Support: Provided further, That no 
general administrative charge shall be applied against an assigned 
activity included in this Act or the report accompanying this Act: 
Provided further, That deobligated balances of funds provided under this 
heading in previous years shall be deposited in the United States 
Treasury General Fund: Provided further, That payments of funds made 
available under this heading to the Department of Commerce Working 
Capital Fund shall not exceed $38,758,000: Provided further, That none 
of the funds under this

[[Page 118 STAT. 71]]

heading are available to alter the existing structure, organization, 
function, and funding of the National Marine Fisheries Service Southwest 
Region and Fisheries Science Center and Northwest Region and <<NOTE: 15 
USC 1540 note.>> Fisheries Science Center: Provided further, That, 
hereafter, the Secretary of Commerce may enter into cooperative 
agreements with the Joint and Cooperative Institutes as designated by 
the Secretary to use the personnel, services, or facilities of such 
organizations for research, education, training, and outreach: Provided 
further, That of the amounts appropriated under this heading, $1,207,000 
shall be transferred to and merged with funds appropriated under the 
heading, ``Salaries and Expenses, Marine Mammal Commission'', of which 
$500,000 shall remain available until September 30, 2005: Provided 
further, That none of the funds in this Act may be used for the National 
Oceanic and Atmospheric Administration to implement the Department of 
Commerce's E-Government initiatives.

    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
                            may be necessary.

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic and 
Atmospheric Administration, $990,127,000, to remain available until 
September 30, 2006, except for funds appropriated for the National 
Marine Fisheries Service Honolulu Laboratory and the Marine 
Environmental Health Research Laboratory, which shall remain available 
until expended: Provided, That of the amounts provided for the National 
Polar-orbiting Operational Environmental Satellite System, funds shall 
only be made available on a dollar for dollar matching basis with funds 
provided for the same purpose by the Department of Defense: Provided 
further, That none of the funds provided in this Act or any other Act 
under the heading ``National Oceanic and Atmospheric Administration, 
Procurement, Acquisition and Construction'' shall be used to fund the 
General Services Administration's standard construction and tenant 
      build-out costs of a facility at the Suitland Federal Center.

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

    For the costs of direct loans as authorized by the Merchant Marine 
Act of 1936: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in the Federal Credit Reform Act of 
1990: Provided further, That these funds are available to subsidize 
gross obligations for the principle amount of direct loans not to exceed 
$5,000,000 for Individual Fishing Quota loans, and not to exceed 
$59,000,000 for traditional direct loans, of which $40,000,000 may be 
used for direct loans to the United States distant water tuna fleet, and 
of which $19,000,000 may be used for direct loans to the United States 
menhaden fishery: Provided

[[Page 118 STAT. 72]]

further, That none of the funds made available under this heading may be 
used for direct loans for any new fishing vessel that will increase the 
harvesting capacity in any United States fishery.

                         Departmental Management

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official entertainment, $47,289,000: Provided, That not to 
exceed 12 full-time equivalents and $1,621,000 shall be expended for the 
             legislative affairs function of the Department.

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

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act shall 
be available for the activities specified in the Act of October 26, 1949 
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, 
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments 
not otherwise authorized only upon the certification of officials 
designated by the Secretary of Commerce that such payments are in the 
public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. <<NOTE: 15 USC 313 note.>> Hereafter, none of the funds 
made available by this or any other Act for the National Oceanic and 
Atmospheric Administration may be used to support the hurricane 
reconnaissance aircraft and activities that are under the control of the 
United States Air Force or the United States Air Force Reserve.

    Sec. 204. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall be 
treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, <<NOTE: Notification.>> That the Secretary of Commerce shall 
notify the Committees on Appropriations at least 15 days in advance of 
the acquisition or disposal of any capital asset (including land, 
structures, and equipment) not specifically provided for in this or any 
other Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act.

    Sec. 205. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response

[[Page 118 STAT. 73]]

to funding reductions included in this title or from actions taken for 
the care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 605 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 206. <<NOTE: 31 USC 501 note.>> Hereafter, the Secretary of 
Commerce may use the Commerce franchise fund for expenses and equipment 
necessary for the maintenance and operation of such administrative 
services as the Secretary determines may be performed more 
advantageously as central services, pursuant to section 403 of Public 
Law 103-356: Provided, That any inventories, equipment, and other assets 
pertaining to the services to be provided by such fund, either on hand 
or on order, less the related liabilities or unpaid obligations, and any 
appropriations made for the purpose of providing capital shall be used 
to capitalize such fund: Provided further, That such fund shall be paid 
in advance from funds available to the Department and other Federal 
agencies for which such centralized services are performed, at rates 
which will return in full all expenses of operation, including accrued 
leave, depreciation of fund plant and equipment, amortization of 
automated data processing software and systems (either acquired or 
donated), and an amount necessary to maintain a reasonable operating 
reserve, as determined by the Secretary: Provided further, That such 
fund shall provide services on a competitive basis: Provided further, 
That an amount not to exceed 4 percent of the total annual income to 
such fund may be retained in the fund for fiscal year 2004 and each 
fiscal year thereafter, to remain available until expended, to be used 
for the acquisition of capital equipment, and for the improvement and 
implementation of department financial management, automated data 
processing, and other support systems: Provided further, That such 
amounts retained in the fund for fiscal year 2004 and each fiscal year 
thereafter shall be available for obligation and expenditure only in 
accordance with <<NOTE: Deadline.>> section 605 of this Act: Provided 
further, That no later than 30 days after the end of each fiscal year, 
amounts in excess of this reserve limitation shall be deposited as 
miscellaneous receipts in the Treasury.

    Sec. 207. Notwithstanding any other provision of law, of the amounts 
made available elsewhere in this title to the ``National Institute of 
Standards and Technology, Construction of Research Facilities'', 
$14,000,000 is appropriated to fund a cooperative agreement with the 
Medical University of South Carolina, $5,000,000 is appropriated to the 
Thayer School of Engineering, of which $1,000,000 is for research 
relating to intelligent control of distributed systems, $2,000,000 is 
for a smart laser beam project, and $2,000,000 is for research relating 
to nanomagnetics, $500,000 is appropriated to the Institute for 
Information Infrastructure Protection at the Institute for Security and 
Technology Studies, $1,000,000 is appropriated for the Institute of 
Politics, and $500,000 is appropriated for the Coastal Conservation 
Center.
    Sec. 208. Of the amount available from the fund entitled ``Promote 
and Develop Fishery Products and Research Pertaining to

[[Page 118 STAT. 74]]

American Fisheries'', $10,000,000 shall be provided to the Alaska 
Fisheries Marketing Board, $2,000,000 shall be available to the Gulf and 
South Atlantic Fisheries Foundation, $2,000,000 shall be available to 
the South Carolina Seafood Alliance, $1,500,000 shall be available to 
the Oregon Trawl Commission, and $1,500,000 shall be available to the 
Oregon State University Seafood Laboratory: Provided, That: (1) the 
Alaska Fisheries Marketing Board (hereinafter ``the Board'') shall be a 
nonprofit organization and not an agency or establishment of the United 
States; (2) the Secretary may appoint, assign, or otherwise designate as 
Executive Director an employee of the Department of Commerce, who may 
serve in an official capacity in such position, with or without 
reimbursement, and such appointment or assignment shall be without 
interruption or loss of civil service status or privilege; and (3) the 
Board may adopt bylaws consistent with the purposes of this section, and 
may undertake other acts necessary to carry out the provisions of this 
section.
    Sec. 209. (a) Notwithstanding the provisions of the Public Works and 
Economic Development Act as amended (42 U.S.C. 3121, et seq.) or any 
other provision of law, the Economic Development Administration shall 
approve the sale, transfer, or conveyance, without compensation to the 
agency, of any land on the former Charleston Naval Base, located north 
of Viaduct Road which was improved by EDA project numbers 04-49-04196, 
04-49-04280, 04-49-04462, and 04-49-04461 and funds obligated but not 
yet disbursed in connection with EDA project number 04-49-04347 shall 
remain available until expended and, as of September 30, 2003, shall be 
exempt from the application of section 1552 of title 31, United States 
Code.
    (b) <<NOTE: Alabama. Alabama Real Estate Holdings, 
Inc.>> Notwithstanding any other provision of law, the Secretary of 
Commerce shall approve, without compensation to the Agency, a lease to 
be entered into by the City of Florence, Alabama, and Alabama Real 
Estate Holdings, Inc., containing such terms and conditions as the city 
of Florence determines appropriate, for use of the parcel of land 
(including improvements thereon) located in Florence, Alabama, that was 
improved using assistance from the Economic Development Administration 
under EDA project number 04-01-03963.

    Sec. 210. (a) <<NOTE: South Carolina. Memorandum.>> The Secretary of 
Commerce is authorized to operate a marine laboratory in South Carolina 
in accordance with a memorandum of agreement, including any future 
amendments, among the National Oceanic and Atmospheric Administration, 
the National Institute of Standards and Technology, the State of South 
Carolina, the Medical University of South Carolina, and the College of 
Charleston as a partnership for collaborative, interdisciplinary marine 
scientific research.

    (b) To carry out subsection (a), the agencies that are partners in 
the Laboratory may accept, apply for, use, and spend Federal, State, 
private and grant funds as necessary to further the mission of the 
Laboratory without regard to the source or of the period of availability 
of these funds and may apply for and hold patents, as well as share 
personnel, facilities, and property. Any funds collected or accepted by 
any partner may be used to offset all or portions of its costs, 
including overhead, without regard to 31 U.S.C. 143302(b); to reimburse 
other participating agencies for all or portions of their costs; and to 
fund research and facilities expansion. Funds for management and 
operation of the Laboratory may

[[Page 118 STAT. 75]]

be used to sustain basic laboratory operations for all participating 
entities. The Secretary of Commerce is authorized to charge fees and 
enter into contracts, grants, cooperative agreements and other 
arrangements with Federal, State, private entities, and other entities, 
domestic and foreign, to further the mission of the Laboratory. Any 
funds collected from such fees or arrangements shall be used to support 
cooperative research, basic operations, and facilities enhancement at 
the Laboratory.
    Sec. 211. Extension of Guarantee Authority. (a) In General.--Section 
101(k) of the Emergency Steel Loan Guarantee Act of 1999 (Public Law 
106-51; 15 U.S.C. 1841 note) is amended by striking ``2003'' and 
inserting ``2005''.
    (b) Salaries and Expenses.--In addition to funds made available 
under section 101(j) of Emergency Steel Loan Guarantee Act of 1999 (15 
U.S.C. 1841 note), up to $2,000,000 in funds made available under 
section 101(f) of such Act may be used for salaries and administrative 
expenses to administer the Emergency Steel Loan Guarantee Program.
    Sec. 212. In addition to amounts made available under the heading 
``Procurement, Acquisition and Construction, National Oceanic and 
Atmospheric Administration'' $1,500,000 shall be available for the 
Western Carolina University, $1,000,000 shall be available for the South 
Florida Museum, $140,000 shall be available for the French and Indian 
War Foundation, $1,000,000 shall be available for the City of 
Chattanooga, Tennessee, $1,000,000 shall be available for the University 
of Mississippi, $1,000,000 shall be available for the City of Charlotte, 
North Carolina, and $489,000 shall be available for a public safety 
marine docking facility for Hampton, New Hampshire.
    Sec. 213. In addition to amounts appropriated or otherwise made 
available by this Act or any other Act, $500,000 shall be provided until 
expended for the Federal Credit Reform Act cost of a reduction loan 
under sections 1111 and 1112 of title XI of the Merchant Marine Act, 
1936 (46 U.S.C. App. 1279f, 1279g), not to exceed $50,000,000 in 
principal, that--
            (1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a 
        term of not less than 30 years;
            (2) carries out a New England lobster fishing capacity 
        reduction program which may include fewer than all management 
        areas of the fishery;
            (3) permanently revokes all fishery licenses, fishery 
        permits, area and species endorsements, and any other fishery 
        privileges issued to a vessel or vessels (or to persons on the 
        basis of their operation or ownership of that vessel or vessels) 
        removed under the program; and
            (4) ensures that all vessels removed from the fishery under 
        the program are made permanently ineligible to participate in 
        any fishery worldwide, and that the owners of such vessels will 
        operate only under the United States flag or such vessels shall 
        be scrapped as a reduction vessel pursuant to section 
        600.1011(c) of title 50, Code of Federal Regulations.

    Sec. 214. In addition to amounts appropriated or otherwise made 
available by this Act or any other Act, $500,000 shall be provided until 
expended for the Federal Credit Reform Act cost of a reduction loan 
under sections 1111 and 1112 of title XI of the Merchant Marine Act, 
1936 (46 U.S.C. App. 1279f, 1279g), not to exceed $50,000,000 in 
principal, that--

[[Page 118 STAT. 76]]

            (1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a 
        term of not less than 30 years;
            (2) carries out a Bering Sea and Aleutian Islands non-
        pollock groundfish capacity reduction program which may include 
        fewer than all management areas of the fishery;
            (3) permanently revokes all fishery licenses, fishery 
        permits, area and species endorsements, and any other fishery 
        privileges issued to a vessel or vessels (or to persons on the 
        basis of their operation or ownership of that vessel or vessels) 
        removed under the program; and
            (4) ensures that all vessels removed from the fishery under 
        the program are made permanently ineligible to participate in 
        any fishery worldwide, and that the owners of such vessels will 
        operate only under the United States flag or such vessels shall 
        be scrapped as a reduction vessel pursuant to section 
        600.1011(c) of title 50, Code of Federal Regulations.

    Sec. 215. Of the unobligated balances available to the Department of 
Commerce from prior year appropriations with the exception of funds 
provided for coral reef activities, fisheries enforcement, the Ocean 
Health Initiative, land acquisition, and lab construction, $100,000,000 
are rescinded: Provided, <<NOTE: Deadline. Reports.>> That within 30 
days after the date of enactment of this section the Secretary of 
Commerce shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report specifying the amount of each 
rescission made pursuant to this section.

    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 2004''.

TITLE III--THE <<NOTE: Judiciary Appropriations Act, 2004.>> JUDICIARY

                   Supreme Court of the United States

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
 expenses, to be expended as the Chief Justice may approve, $55,360,000.

    For such expenditures as may be necessary to enable the Architect of 
the Capitol to carry out the duties imposed upon the Architect as 
authorized by law, $10,591,000, which shall remain available until 
expended.

         United States Court of Appeals for the Federal Circuit

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $20,662,000.

[[Page 118 STAT. 77]]

               United States Court of International Trade

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses of 
the court, as authorized by law, $14,068,000.

     Courts of Appeals, District Courts, and Other Judicial Services

    For the salaries of circuit and district judges (including judges of 
the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the United 
States Court of Federal Claims, bankruptcy judges, magistrate judges, 
and all other officers and employees of the Federal Judiciary not 
otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $3,994,176,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects: Provided, That any funds appropriated in this Act 
to be used for the United States District Court for the Eastern District 
of Texas will also be made available for the Sherman Division's 
expansion into Plano, Texas, and the Sherman Division is also granted 
authority to hold court proceedings there.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $3,193,000, to be appropriated 
            from the Vaccine Injury Compensation Trust Fund.

    For the operation of Federal Public Defender and Community Defender 
organizations; the compensation and reimbursement of expenses of 
attorneys appointed to represent persons under the Criminal Justice Act 
of 1964; the compensation and reimbursement of expenses of persons 
furnishing investigative, expert and other services under the Criminal 
Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant has waived representation by counsel; the 
compensation and reimbursement of travel expenses of guardians ad litem 
acting on behalf of financially eligible minor or incompetent offenders 
in connection with transfers from the United States to foreign countries 
with which the United States has a treaty for the execution of penal 
sentences; the compensation of attorneys appointed to represent jurors 
in civil actions for the protection of their employment, as authorized 
by 28 U.S.C. 1875(d); and for necessary training and general 
administrative expenses, $604,477,000, to remain available until 
expended.

[[Page 118 STAT. 78]]

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)), $57,822,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
              section 5332 of title 5, United States Code.

    For necessary expenses, not otherwise provided for, incident to 
providing protective guard services for United States courthouses and 
the procurement, installation, and maintenance of security equipment for 
United States courthouses and other facilities housing Federal court 
operations, including building ingress-egress control, inspection of 
mail and packages, directed security patrols, and other similar 
activities as authorized by section 1010 of the Judicial Improvement and 
Access to Justice Act (Public Law 100-702), $277,500,000, of which not 
to exceed $10,000,000 shall remain available until expended, to be 
expended directly or transferred to the United States Marshals Service, 
which shall be responsible for administering the Judicial Facility 
Security Program consistent with standards or guidelines agreed to by 
the Director of the Administrative Office of the United States Courts 
and the Attorney General.

            Administrative Office of the United States Courts

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 31 
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $66,000,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                         Federal Judicial Center

    For necessary expenses of the Federal Judicial Center, as authorized 
by Public Law 90-219, $21,440,000; of which $1,800,000 shall remain 
available through September 30, 2005, to provide education and training 
to Federal court personnel; and of which not to exceed $1,000 is 
authorized for official reception and representation expenses.

[[Page 118 STAT. 79]]

                        Judicial Retirement Funds

    For payment to the Judicial Officers' Retirement Fund, as authorized 
by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors' Annuities 
Fund, as authorized by 28 U.S.C. 376(c), $700,000; and to the United 
States Court of Federal Claims Judges' Retirement Fund, as authorized by 
28 U.S.C. 178(l), $2,600,000.

                   United States Sentencing Commission

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $12,354,000, of which not 
to exceed $1,000 is authorized for official reception and representation 
expenses.

                    General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title which 
are available for salaries and expenses shall be available for services 
as authorized by 5 U.S.C. 3109.
    Sec. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 303. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for District Courts, Courts of Appeals, and 
Other Judicial Services shall be available for official reception and 
representation expenses of the Judicial Conference of the United States: 
Provided, That such available funds shall not exceed $11,000 and shall 
be administered by the Director of the Administrative Office of the 
United States Courts in the capacity as Secretary of the Judicial 
Conference.
    This title may be cited as the ``Judiciary Appropriations Act, 
2004''.

  TITLE IV--DEPARTMENT <<NOTE: Department of State and Related Agency 
Appropriations Act, 2004.>> OF STATE AND RELATED AGENCY

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including employment, without regard 
to civil service and classification laws, of persons on a temporary 
basis (not to exceed $700,000 of this appropriation),

[[Page 118 STAT. 80]]

as authorized by section 801 of the United States Information and 
Educational Exchange Act of 1948; representation to certain 
international organizations in which the United States participates 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate or specific Acts of Congress; arms control, nonproliferation and 
disarmament activities as authorized; acquisition by exchange or 
purchase of passenger motor vehicles as authorized by law; and for 
expenses of general administration, $3,420,000,000: Provided, That not 
to exceed 69 permanent positions and $7,311,000 shall be expended for 
the Bureau of Legislative Affairs: Provided further, That, of the amount 
made available under this heading, not to exceed $4,000,000 may be 
transferred to, and merged with, funds in the ``Emergencies in the 
Diplomatic and Consular Service'' appropriations account, to be 
available only for emergency evacuations and terrorism rewards: Provided 
further, That, of the amount made available under this heading, 
$301,563,000 shall be available only for public diplomacy 
international <<NOTE: Establishment.>> information programs: Provided 
further, That of the amount made available under this heading, 
$3,000,000 shall be available only for the establishment and operations 
of an Office on Right-Sizing the United States Government Overseas 
Presence: Provided further, That funds available under this heading may 
be available for a United States Government interagency task force to 
examine, coordinate and oversee United States participation in the 
United Nations headquarters renovation project: Provided 
further, <<NOTE: China. Notification.>> That no funds may be obligated 
or expended for processing licenses for the export of satellites of 
United States origin (including commercial satellites and satellite 
components) to the People's Republic of China unless, at least 15 days 
in advance, the Committees on Appropriations of the House of 
Representatives and the Senate are notified of such proposed action.

    In addition, not to exceed $1,371,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act; in addition, as authorized by section 5 of 
such Act, $490,000, to be derived from the reserve authorized by that 
section, to be used for the purposes set out in that section; in 
addition, as authorized by section 810 of the United States Information 
and Educational Exchange Act, not to exceed $6,000,000, to remain 
available until expended, may be credited to this appropriation from 
fees or other payments received from English teaching, library, motion 
pictures, and publication programs and from fees from educational 
advising and counseling and exchange visitor programs; and, in addition, 
not to exceed $15,000, which shall be derived from reimbursements, 
surcharges, and fees for use of Blair House facilities.
    In <<NOTE: Establishment.>> addition, for the costs of worldwide 
security upgrades, $646,701,000, to remain available until expended: 
Provided, That, of the amounts made available under this paragraph, 
$5,000,000 is for the State Department to establish the Center for 
Antiterrorism and Security Training.

    In addition, for the costs of worldwide OpenNet and classified 
connectivity infrastructure, $40,000,000, to remain available until 
expended.

[[Page 118 STAT. 81]]

    For necessary expenses of the Capital Investment Fund, $80,000,000, 
to remain available until expended, as authorized: Provided, That 
section 135(e) of Public Law 103-236 shall not apply to funds available 
                           under this heading.

    For necessary expenses of the Office of Inspector General, 
$31,703,000, notwithstanding section 209(a)(1) of the Foreign Service 
   Act of 1980 (Public Law 96-465), as it relates to post inspections.

    For expenses of educational and cultural exchange programs, as 
authorized, $320,000,000, to remain available until expended: Provided, 
That not to exceed $2,000,000, to remain available until expended, may 
be credited to this appropriation from fees or other payments received 
from or in connection with English teaching, educational advising and 
    counseling programs, and exchange visitor programs as authorized.

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

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
       $10,000,000, to remain available until September 30, 2005.

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining, 
repairing, and planning for buildings that are owned or directly leased 
by the Department of State, renovating, in addition to funds otherwise 
available, the Harry S Truman Building, and carrying out the Diplomatic 
Security Construction Program as authorized, $530,000,000, to remain 
available until expended as authorized, of which not to exceed $20,000 
may be used for domestic and overseas representation as authorized: 
Provided, That none of the funds appropriated in this paragraph shall be 
available for acquisition of furniture, furnishings, or generators for 
other departments and agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $861,400,000, to remain 
                        available until expended.

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$1,000,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to and merged with the 
Repatriation Loans Program Account, subject to the same terms and 
conditions.

[[Page 118 STAT. 82]]

    For the cost of direct loans, $612,000, as authorized: Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974. In 
addition, for administrative expenses necessary to carry out the direct 
loan program, $607,000, which may be transferred to and merged with the 
Diplomatic and Consular Programs account under Administration of Foreign 
                                Affairs.

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

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

                       International Organizations

    For <<NOTE: 22 USC 269a note.>> expenses, not otherwise provided 
for, necessary to meet annual obligations of membership in international 
multilateral organizations, pursuant to treaties ratified pursuant to 
the advice and consent of the Senate, conventions or specific Acts of 
Congress, $1,010,463,000: Provided, That the Secretary of State shall 
transmit to the Committees on Appropriations of the Senate and of the 
House of Representatives the most recent biennial budget prepared by the 
United Nations for the operations of the United Nations: Provided 
further, <<NOTE: Notification. contributions for international 
peacekeeping activities>> That the Secretary of State shall notify the 
Committees on Appropriations at least 15 days in advance (or in an 
emergency, as far in advance as is practicable) of any United Nations 
action to increase funding for any United Nations program without 
identifying an offsetting decrease elsewhere in the United Nations 
budget and cause the United Nations to exceed the adopted budget for the 
biennium 2002-2003 of $2,891,000,000: Provided further, That any payment 
of arrearages under this title shall be directed toward special 
activities that are mutually agreed upon by the United States and the 
respective international organization: Provided further, That none of 
the funds appropriated in this paragraph shall be available for a United 
States contribution to an international organization for the United 
States share of interest costs made known to the United States 
Government by such organization for loans incurred on or after October 
1, 1984, through external borrowings: Provided further, That funds 
appropriated under this paragraph may be obligated and expended to pay 
the full United States assessment to the civil budget of the North 
                      Atlantic Treaty Organization.

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $550,200,000, of which 
10 percent shall remain available until September 30,

[[Page 118 STAT. 83]]

2005: Provided, That of the amount provided under this heading, 
$95,358,000 shall be derived from prior year unobligated balances from 
funds previously appropriated <<NOTE: Notification.>> under this 
heading: Provided further, That none of the funds made available under 
this Act shall be obligated or expended for any new or expanded United 
Nations peacekeeping mission unless, at least 15 days in advance of 
voting for the new or expanded mission in the United Nations Security 
Council (or in an emergency as far in advance as is practicable): (1) 
the Committees on Appropriations of the House of Representatives and the 
Senate and other appropriate committees of the Congress are notified of 
the estimated cost and length of the mission, the vital national 
interest that will be served, and the planned exit strategy; and (2) a 
reprogramming of funds pursuant to section 605 of this Act is submitted, 
and the procedures therein followed, setting forth the source of funds 
that will be used to pay for the cost of the new or expanded mission: 
Provided further, <<NOTE: Certification.>> That funds shall be available 
for peacekeeping expenses only upon a certification by the Secretary of 
State to the appropriate committees of the Congress that American 
manufacturers and suppliers are being given opportunities to provide 
equipment, services, and material for United Nations peacekeeping 
activities equal to those being given to foreign manufacturers and 
suppliers: Provided further, That none of the funds made available under 
this heading are available to pay the United States share of the cost of 
court monitoring that is part of any United Nations peacekeeping 
mission.

                        International Commissions

    For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise 
provided for, to meet obligations of the United States arising under 
treaties, or specific Acts of Congress, as follows:

  international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

                          salaries and expenses

     For salaries and expenses, not otherwise provided for, $26,000,000.

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

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized

[[Page 118 STAT. 84]]

by Public Law 103-182, $8,944,000, of which not to exceed $9,000 shall 
be available for representation expenses incurred by the International 
                            Joint Commission.

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $19,300,000: Provided, 
That the United State's share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324.

                                  Other

                     payment to the asia foundation

    For a grant to the Asia Foundation, as authorized by the Asia 
Foundation Act (22 U.S.C. 4402), $13,000,000, to remain available until 
                        expended, as authorized.

    For <<NOTE: Establishment. international center for middle eastern-
western dialogue>> a grant to the International Center for Middle 
Eastern-Western Dialogue Trust Fund, $7,000,000, for operation of the 
International Center for Middle Eastern-Western Dialogue, Istanbul, 
Turkey, to remain available until expended, of which $250,000 shall be 
made available out of such Trust Fund for the establishment and 
operation of a steering committee, which the Secretary of State shall 
appoint to establish the International Center for Middle Eastern-Western 
                                Dialogue.

    For necessary expenses of the International Center for Middle 
Eastern-Western Dialogue, out of the International Center for Middle 
Eastern-Western Dialogue Trust Fund, the total amount of the interest 
and earnings accruing to such Fund before October 1, 2004, to remain 
                        available until expended.

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2004, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance 
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122 
(Cost Principles for Non-profit Organizations), including the 
restrictions on compensation for personal services.

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization

[[Page 118 STAT. 85]]

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and 
earnings accruing to the Israeli Arab Scholarship Fund on or before 
         September 30, 2004, to remain available until expended.

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$17,880,000: Provided, That none of the funds appropriated herein shall 
be used to pay any salary, or enter into any contract providing for the 
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376: 
Provided further, That, notwithstanding any other provision of law, the 
funds appropriated to the East-West Center appropriation in Public Law 
108-7 may be obligated and expended notwithstanding section 15 of the 
       State Department Basic Authorities Act of 1956, as amended.

    For grants made by the Department of State to the National Endowment 
for Democracy as authorized by the National Endowment for Democracy Act, 
$40,000,000 to remain available until expended.

                             RELATED AGENCY

                     Broadcasting Board of Governors

                  international broadcasting operations

    For expenses necessary to enable the Broadcasting Board of 
Governors, as authorized, to carry out international communication 
activities, including the purchase, installation, rent, and improvement 
of facilities for radio and television transmission and reception to 
Cuba, $546,038,000, of which not to exceed $16,000 may be used for 
official receptions within the United States as authorized, not to 
exceed $35,000 may be used for representation abroad as authorized, and 
not to exceed $39,000 may be used for official reception and 
representation expenses of Radio Free Europe/Radio Liberty; and in 
addition, notwithstanding any other provision of law, not to exceed 
$2,000,000 in receipts from advertising and revenue from business 
ventures, not to exceed $500,000 in receipts from cooperating 
international organizations, and not to exceed $1,000,000 in receipts 
from privatization efforts of the Voice of America and the International 
Broadcasting Bureau, to remain available until expended for carrying out 
authorized purposes: Provided, That of the amount made available under 
this heading, $42,250,000 shall be available to make and supervise 
grants to the Middle East Television Network, including Radio Sawa, for 
          radio and television broadcasting to the Middle East.

    For the purchase, rent, construction, and improvement of facilities 
for radio transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission

[[Page 118 STAT. 86]]

and reception as authorized, $11,395,000, to remain available until 
expended, as authorized.

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for services 
as authorized by 5 U.S.C. 3109; and for hire of passenger transportation 
pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 403. None of the funds made available in this Act may be used 
by the Department of State or the Broadcasting Board of Governors to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. 404. <<NOTE: Citizenship.>> For the purposes of registration of 
birth, certification of nationality, or issuance of a passport of a 
United States citizen born in the city of Jerusalem, the Secretary of 
State shall, upon request of the citizen, record the place of birth as 
Israel.

    Sec. 405. Section 2502 of the Emergency Wartime Supplemental 
Appropriations Act, <<NOTE: 117 Stat. 595.>> 2003 (Public Law 108-11) is 
repealed.

    Sec. 406. An application for a visa shall be denied without 
prejudice under section 221(g) of the Immigration and Nationality Act (8 
U.S.C. 1201(g)) if the application is delayed for a period of more than 
60 days from the date of application due to administrative processing by 
any agency in making a determination of inadmissibility under section 
212(a)(3) of that Act (8 U.S.C. 1182(a)(3)).
    Sec. 407. Funds appropriated by this Act for the Broadcasting Board 
of Governors and the Department of State may be obligated and expended 
notwithstanding section 15 of the State Department Basic Authorities Act 
of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the 
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
    Sec. 408. (a) The Senior Policy Operating Group on Trafficking in 
Persons, established under section 406 of division B of Public Law 108-7 
to coordinate agency activities regarding policies (including grants and 
grant policies) involving the international trafficking in persons, 
shall coordinate all such policies related to the activities of 
traffickers and victims of severe forms of trafficking.

[[Page 118 STAT. 87]]

    (b) None of the funds provided in this or any other Act shall be 
expended to perform functions that duplicate coordinating 
responsibilities of the Operating Group.
    (c) The Operating Group shall continue to report only to the 
authorities that appointed them pursuant to section 406 of division B of 
Public Law 108-7.
    Sec. 409. <<NOTE: Records. Deadline.>> The Secretary of State shall 
provide to a member of the Committee on Appropriations of the Senate or 
the Committee on Appropriations of the House of Representatives a copy 
of each cable sent to or by a Department of State employee that pertains 
to any topic specified by the requesting member, regardless of the level 
of classification of the cable, not later than 15 days after the date on 
which the member makes a written or verbal request for such copies.

    This title may be cited as the ``Department of State and Related 
Agency Appropriations Act, 2004''.

                        TITLE V--RELATED AGENCIES

                   Antitrust Modernization Commission

    For necessary expenses of the Antitrust Modernization Commission, as 
authorized by Public Law 107-273, $1,200,000, to remain available until 
expended.

      Commission for the Preservation of America's Heritage Abroad

    For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $496,000, as authorized by section 1303 of Public Law 
99-83.

                       Commission on Civil Rights

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,096,000: Provided, That not to 
exceed $50,000 may be used to employ consultants: Provided further, That 
none of the funds appropriated in this paragraph shall be used to employ 
in excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner: 
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable days, 
with the exception of the chairperson, who is permitted 125 billable 
days.

              Commission on International Religious Freedom

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (Public Law 105-292), 
$3,000,000, to remain available until expended.

[[Page 118 STAT. 88]]

            Commission on Security and Cooperation in Europe

    For necessary expenses of the Commission on Security and Cooperation 
in Europe, as authorized by Public Law 94-304, $1,615,000, to remain 
available until expended as authorized by section 3 of Public Law 99-7.

  Congressional-Executive Commission on the People's Republic of China

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized, $1,800,000, including not 
more than $3,000 for the purpose of official representation, to remain 
available until expended: Provided, That $300,000 shall be for the 
Political Prisoners Registry.

                 Equal Employment Opportunity Commission

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964 
(29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of 
1990, and the Civil Rights Act of 1991, including services as authorized 
by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); non-monetary awards to private citizens; and not to 
exceed $33,000,000 for payments to State and local enforcement agencies 
for services to the Commission pursuant to title VII of the Civil Rights 
Act of 1964, sections 6 and 14 of the Age Discrimination in Employment 
Act, the Americans with Disabilities Act of 1990, and the Civil Rights 
Act of 1991, $328,400,000: Provided, That the Commission is authorized 
to make available for official reception and representation expenses not 
to exceed $2,500 from available funds.

                    Federal Communications Commission

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and 
structure; not to exceed $500,000 for improvement and care of grounds 
and repair to buildings; not to exceed $4,000 for official reception and 
representation expenses; purchase and hire of motor vehicles; special 
counsel fees; and services as authorized by 5 U.S.C. 3109, $273,958,000: 
Provided, That $272,958,000 of offsetting collections shall be assessed 
and collected pursuant to section 9 of title I of the Communications Act 
of 1934, shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated shall be reduced as such 
offsetting collections are received during fiscal year 2004 so as to 
result in a final fiscal year 2004 appropriation estimated at 
$1,000,000: Provided further, That any offsetting collections

[[Page 118 STAT. 89]]

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

                        Federal Trade Commission

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $186,041,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $112,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall 
be retained and used for necessary expenses in this appropriation: 
Provided further, That $23,100,000 in offsetting collections derived 
from fees sufficient to implement and enforce the Telemarketing Sales 
Rule, promulgated under the Telephone Consumer Fraud and Abuse 
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this 
account, and be retained and used for necessary expenses in this 
appropriation: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2004, so as to result in a final fiscal year 
2004 appropriation from the general fund estimated at not more than 
$50,941,000: Provided further, That none of the funds made available to 
the Federal Trade Commission may be used to enforce subsection (e) of 
section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) or 
section 151(b)(2) of the Federal Deposit Insurance Corporation 
Improvement Act of <<NOTE: Deadline. Telemarketers. Records.>> 1991 (12 
U.S.C. 1831t note): Provided further, That, not later than 60 days after 
the date of enactment of this Act, the Federal Trade Commission shall 
amend the Telemarketing Sales Rule to require telemarketers subject to 
the Telemarketing Sales Rule to obtain from the Federal Trade Commission 
the list of telephone numbers on the ``do-not-call'' registry once a 
month.

                             HELP Commission

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

                       Legal Services Corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974,

[[Page 118 STAT. 90]]

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

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

                        Marine Mammal Commission

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

           National Veterans Business Development Corporation

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

                   Securities and Exchange Commission

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $811,500,000; of which not to exceed $10,000 
may be used toward funding a permanent secretariat for the International 
Organization of Securities Commissions; and of which not to exceed 
$100,000 shall be available for expenses for consultations and meetings 
hosted by the Commission with foreign governmental and other regulatory 
officials, members of their delegations, appropriate representatives and 
staff to exchange views concerning developments relating to securities 
matters, development and implementation of cooperation agreements 
concerning securities matters and provision of technical assistance for 
the development of foreign securities markets, such expenses to include 
necessary logistic and administrative expenses and the expenses of 
Commission staff and foreign invitees in attendance at such 
consultations and meetings including: (1) such incidental expenses as 
meals taken in the course of such attendance; (2)

[[Page 118 STAT. 91]]

any travel and transportation to or from such meetings; and (3) any 
other related lodging or subsistence: Provided, That fees and charges 
authorized by sections 6(b) of the Securities Exchange Act of 1933 (15 
U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act 
of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this 
account as offsetting collections: Provided further, That not to exceed 
$691,500,000 of such offsetting collections shall be available until 
expended for necessary expenses of this account: Provided further, That 
$120,000,000 shall be derived from prior year unobligated balances from 
funds previously appropriated to the Securities and Exchange Commission: 
Provided further, That the total amount appropriated under this heading 
from the general fund for fiscal year 2004 shall be reduced as such 
offsetting fees are received so as to result in a final total fiscal 
year 2004 appropriation from the general fund estimated at not more than 
$0.

                      Small Business Administration

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 105-135, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and representation 
expenses, $325,750,000: Provided, That the Administrator is authorized 
to charge fees to cover the cost of publications developed by the Small 
Business Administration, and certain loan servicing activities: Provided 
further, That, notwithstanding 31 U.S.C. 3302, revenues received from 
all such activities shall be credited to this account, to be available 
for carrying out these purposes without further appropriations: Provided 
further, That $89,000,000 shall be available to fund grants for 
   performance in fiscal year 2004 or fiscal year 2005 as authorized.

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

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

[[Page 118 STAT. 92]]

during fiscal year 2004 commitments to guarantee loans for debentures 
and participating securities under section 303(b) of the Small Business 
Investment Act of 1958, shall not exceed the levels established by 
section 20(i)(1)(C) of the Small Business Act.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $128,000,000, which may be transferred to and 
        merged with the appropriations for Salaries and Expenses.

    For the cost of direct loans authorized by section 7(b) of the Small 
Business Act, $56,188,000, to remain available until expended: Provided, 
That such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974.
    In addition, for administrative expenses to carry out the direct 
loan program, $114,363,000, which may be transferred to and merged with 
appropriations for Salaries and Expenses, of which $500,000 is for the 
Office of Inspector General of the Small Business Administration for 
audits and reviews of disaster loans and the disaster loan program and 
shall be transferred to and merged with appropriations for the Office of 
Inspector General; of which $105,363,000 is for direct administrative 
expenses of loan making and servicing to carry out the direct loan 
program; and of which $8,500,000 is for indirect administrative 
expenses: Provided, That any amount in excess of $8,500,000 to be 
transferred to and merged with appropriations for Salaries and Expenses 
for indirect administrative expenses shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
                         forth in that section.

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

                         State Justice Institute

    For necessary expenses of the State Justice Institute, as authorized 
by the State Justice Institute Authorization Act of 1992 (Public Law 
102-572), $2,250,000: Provided, That not to exceed $2,500 shall be 
available for official reception and representation expenses.

[[Page 118 STAT. 93]]

       United States-China Economic and Security Review Commission

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

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. <<NOTE: Contracts. Public information.>> The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursuant to 
existing law.

    Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
    Sec. 605. (a) <<NOTE: Notifications.>> None of the funds provided 
under this Act, or provided under previous appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in fiscal year 2004, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates new programs; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes or renames offices; (6) 
reorganizes programs or activities; or (7) contracts out or privatizes 
any functions or activities presently performed by Federal employees; 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.

    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2004, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects (including construction projects), or activities; (2) 
reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by Congress; 
or (3) results from any general savings from a reduction in personnel

[[Page 118 STAT. 94]]

which would result in a change in existing programs, activities, or 
projects as approved by Congress; unless the Appropriations Committees 
of both Houses of Congress are notified 15 days in advance of such 
reprogramming of funds.
    Sec. 606. None of the funds made available in this Act may be used 
for the construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National Oceanic and 
Atmospheric Administration in shipyards located outside of the United 
States.
    Sec. 607. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract or 
subcontract made with funds made available in this Act, pursuant to the 
debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 608. <<NOTE: Religious harassment.>> None of the funds made 
available in this Act may be used to implement, administer, or enforce 
any guidelines of the Equal Employment Opportunity Commission covering 
harassment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed guidelines 
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).

    Sec. 609. None of the funds appropriated or otherwise made available 
by this Act or any other Act may be used to implement, enforce, or 
otherwise abide by the Memorandum of Agreement signed by the Federal 
Trade Commission and the Antitrust Division of the Department of Justice 
on March 5, 2002.
    Sec. 610. <<NOTE: United Nations.>> None of the funds made available 
by this Act may be used for any United Nations undertaking when it is 
made known to the Federal official having authority to obligate or 
expend such funds that: (1) the United Nations undertaking is a 
peacekeeping mission; (2) such undertaking will involve United States 
Armed Forces under the command or operational control of a foreign 
national; and (3) the President's military advisors have not submitted 
to the President a recommendation that such involvement is in the 
national security interests of the United States and the President has 
not submitted to the Congress such a recommendation.

    Sec. 611. <<NOTE: Records.>> The Departments of Commerce, Justice, 
and State, the Judiciary and the Small Business Administration shall 
provide to the Committees on Appropriations of the Senate and of the 
House of Representatives a quarterly accounting of the cumulative 
balances of any unobligated funds that were received by such agency 
during any previous fiscal year.

    Sec. 612. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 609 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) <<NOTE: Applicability.>> The requirements in subparagraphs (A) 
and (B) of section 609 of that Act shall continue to apply during fiscal 
year 2004.

    Sec. 613. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response

[[Page 118 STAT. 95]]

to funding reductions included in this Act shall be absorbed within the 
total budgetary resources available to such department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 614. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--State and Local Law Enforcement 
Assistance'', not more than 90 percent of the amount to be awarded to an 
entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the line of duty 
while responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level of health 
insurance benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 615. <<NOTE: Tobacco and tobacco products.>> None of the funds 
provided by this Act shall be available to promote the sale or export of 
tobacco or tobacco products, or to seek the reduction or removal by any 
foreign country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally to all 
tobacco or tobacco products of the same type.

    Sec. 616. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 616 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) <<NOTE: Applicability.>> The requirements in subsections (b) and 
(c) of section 616 of that Act shall continue to apply during fiscal 
year 2004.

    Sec. 617. (a) <<NOTE: Firearms.>> None of the funds appropriated 
pursuant to this Act or any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        prohibited from possessing or receiving a firearm no more than 
        24 hours after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 of title 18, United States Code, or State law.

    (b) <<NOTE: Effective date.>> Subsection (a)(2) shall take effect 
not later than 180 days after enactment of this Act.

    Sec. 618. <<NOTE: 42 USC 10601 note.>> Notwithstanding any other 
provision of law, amounts deposited or available in the Fund established 
under 42 U.S.C.

[[Page 118 STAT. 96]]

10601 in any fiscal year in excess of $625,000,000 shall not be 
available for obligation until the following fiscal year.
    Sec. 619. <<NOTE: Discrimination.>> None of the funds made available 
to the Department of Justice in this Act may be used to discriminate 
against or denigrate the religious or moral beliefs of students who 
participate in programs for which financial assistance is provided from 
those funds, or of the parents or legal guardians of such students.

    Sec. 620. None of the funds appropriated or otherwise made available 
to the Department of State shall be available for the purpose of 
granting either immigrant or nonimmigrant visas, or both, consistent 
with the determination of the Secretary of State under section 243(d) of 
the Immigration and Nationality Act, to citizens, subjects, nationals, 
or residents of countries that the Secretary of Homeland Security has 
determined deny or unreasonably delay accepting the return of citizens, 
subjects, nationals, or residents under that section.
    Sec. 621. For additional amounts under the heading ``Small Business 
Administration, Salaries and Expenses'', $1,592,000 shall be available 
for the Advanced and Applied Polymer Processing Institute; $500,000 
shall be available for Northeast South Dakota Tech-Based Skills 
Development; $750,000 shall be available for the Southern Methodist 
University Law School Rule of Law; $1,000,000 shall be available for the 
Accelerated Entrepreneur ``AcE'' Program; $500,000 shall be available 
for the National Mass Fatalities Institute; $1,000,000 shall be 
available for the Textile Tracers Program; $500,000 shall be available 
for the Maryland Technology-Based Rural Business Incubation Initiative; 
$1,000,000 shall be available for the Northeast Indiana Innovation 
Center; $750,000 shall be available for the Lewis and Clark Bicentennial 
Bi-State Safety Project; $1,000,000 shall be available for the 
Greenville Automotive Research Park; $1,000,000 shall be available for 
the Indiana University Kokomo Business Incubator; $1,593,000 shall be 
available for the Tuck School of Business for its partnership with the 
Minority Business Development Administration; $500,000 shall be 
available for Project Restore; $325,000 shall be available for the 
School of the Building Arts Trade Program; $500,000 shall be available 
for the South Carolina Export Consortium; $500,000 shall be available 
for the Freewoods Farm Living Farm Museum in Horry County, South 
Carolina; $1,590,000 shall be available for the Alaska InvestNet/
Technology Venture Center and Tech Ranch in Montana; $1,000,000 shall be 
available for Youth and Family with Promises; $500,000 shall be 
available for the Wisconsin Procurement Institute; $1,000,000 shall be 
available for the Next Generation Economy Initiative; $1,000,000 shall 
be available for the Westside Intercept Project; $250,000 shall be 
available for the International Trade Data Network; $1,000,000 shall be 
available for the University of Missouri-St. Louis Information 
Technology Incubator Project; $750,000 shall be available for the Idaho 
Virtual Incubator/Lewis-Clark State College; $850,000 shall be available 
for the UNI Student Business Incubator; $1,500,000 shall be available 
for the promotion and operation of the grant to the Adelante Development 
Center, Inc., in Albuquerque, New Mexico; $250,000 shall be available 
for the Mississippi Delta Technology Council; $2,250,000 shall be 
available for a grant to the Virginia Community College System (VCCS) 
for improvement of distance learning programs; $175,000 shall be 
available for a grant to the Loudoun Convention and Visitors Association 
in Virginia; $100,000 shall

[[Page 118 STAT. 97]]

be available for a grant to The Cedar Creek Battlefield Foundation; 
$100,000 shall be available for a grant to Belle Grove Plantation; 
$750,000 shall be available for a grant to Shenandoah University to 
develop a historical and tourism development facility; $1,000,000 shall 
be available for a grant to the Northern Virginia Technology Council for 
a technology entrepreneurship development and resource center; $100,000 
shall be available for a grant to the Washington Airports Task Force to 
promote small business growth of passenger, cargo and other aviation 
services; $100,000 shall be available for a grant to Team Northeast 
Ohio; $500,000 shall be available for a grant to Wilberforce University 
for a technology initiative; $250,000 shall be available for a grant for 
REI Rural Business Resources Center in Seminole, Oklahoma; $1,100,000 
shall be available for a grant to Iowa State University for the 
development of a research park biologics facility; $200,000 shall be 
available for a grant to the Clarion County Economic Development 
Corporation; $200,000 shall be available for a grant to the Venango 
Economic Development Corporation; $900,000 shall be available for a 
grant to the Illinois Institute of Technology to examine and assess 
advancements in biotechnologies; $1,000,000 shall be available for the 
Illinois Coalition for technology development assistance activities; 
$200,000 shall be available for a grant for the Port of Benton for the 
planning of a science and technology park in Richland, Washington; 
$1,500,000 shall be available for a grant to Rockford Area Ventures, 
Rockford, Illinois, to establish a small manufacturing business 
incubator and technology research and development center; $100,000 shall 
be available for a grant to Western Kentucky University for a business 
incubator; $200,000 shall be available for a grant for the Chicago Field 
Museum for a collections resource center; $100,000 shall be available 
for a grant for the Purdue University School of Pharmacy for the 
development of a national center for pharmaceutical technology; $100,000 
shall be available for a grant to the Cedarbridge Development Urban 
Renewal Corporation for facilities development; $100,000 shall be 
available for a grant for Concourse Village in the Bronx, New York; 
$500,000 shall be available for a grant to Pro Co Technology Computer 
Training Center in the Bronx, New York, for a computer learning center; 
$200,000 shall be available for a grant for the Promesa Foundation in 
South Bronx, New York, to provide community growth funding; $560,000 
shall be available for a grant to Bronx Shepherds for a community 
resource center; $200,000 shall be available for a grant to HOGAR, Inc., 
in the Bronx, New York; $100,000 shall be available for a grant to the 
Alliance for Community Services for economic development in the Bronx, 
New York; $300,000 shall be available for a grant to Promesa Enterprises 
to provide services and support to community based organizations in the 
Bronx, New York; $300,000 shall be available for a grant to Bronx 
Overall Economic Development Corporation for technical assistance 
opportunities for businesses; $250,000 shall be available for a grant to 
St. Mary's College for a telecommunications initiative; $1,200,000 shall 
be available for a grant to the MountainMade Foundation to fulfill its 
charter purposes and to continue the initiative developed by the NTTC 
for outreach and promotion, business and sites development, the 
education of artists and craftspeople, and to promote small businesses, 
artisans and their products through market development, advertisement, 
commercial sale and other promotional means; $1,000,000 shall be 
available for the

[[Page 118 STAT. 98]]

Providence, Rhode Island Center for Women and Enterprise for 
infrastructure development; $1,200,000 shall be available for a grant 
for Northwest Shoals Community College to establish a Center for 
Business and Industry; $950,000 shall be available for a grant to the 
Family and Children's Service in Minneapolis, Minnesota for community 
support and development programs; $1,000,000 shall be available for a 
grant to the Wisconsin Procurement Institute to develop an electronic 
based system to provide access and opportunity to Federal funding; 
$200,000 shall be for a grant to the National Association of Development 
Organizations Research Foundation to provide training and education 
assistance to small business development finance professionals; $750,000 
shall be for a grant to the North Carolina Rural Economic Development 
Center for expenses and activities in support of the Capital Access 
Program; $500,000 shall be for a grant for the Women's Initiative for 
Self Employment in San Francisco, California; $400,000 shall be for a 
grant to Johnstown Area Regional Industries in Pennsylvania for 
workforce development training programs and Small Business Technology 
Centers; $400,000 shall be for a grant to Seton Hill University for 
expenses in support of the Virtual Entrepreneurial Center; $200,000 
shall be for a grant to the Economic Growth Connection Paperless 
Procurement Program; $200,000 shall be for a grant for the Ridgewood 
Myrtle Avenue Business Improvement District to conduct a redevelopment 
study; $400,000 shall be for a grant to Progress, Inc., to establish a 
Community Technology Center; $150,000 shall be for a grant for UPROSE 
for the ``Sunset Youth Industries'' project; $415,000 shall be available 
for a grant to the Southern and Eastern Kentucky Tourism Development 
Association for continuation of a regional tourism promotion initiative; 
and $300,000 shall be for the Arthur Avenue Retail Market in the Bronx, 
New York, for facility, improvement, and maintenance needs to meet the 
Market's business requirements: Provided, That section 625 of title I of 
division B of Public Law 108-7 is amended with respect to a <<NOTE: 117 
Stat. 103.>> grant of: (1) $450,000 to the Bronx Council on the Arts by 
striking ``help promote stabilization of small arts organizations'' and 
inserting ``provide financial assistance to small arts organizations to 
help promote stabilization''; and (2) $500,000 to the City of Merrill, 
Wisconsin by striking all that follows after ``Wisconsin'' and inserting 
``for the capitalization of a business development fund.''.

    Sec. 622. <<NOTE: Prisons and prisoners.>> None of the funds made 
available to the Department of Justice in this Act may be used for the 
purpose of transporting an individual who is a prisoner pursuant to 
conviction for crime under State or Federal law and is classified as a 
maximum or high security prisoner, other than to a prison or other 
facility certified by the Federal Bureau of Prisons as appropriately 
secure for housing such a prisoner.

    Sec. 623. (a) <<NOTE: Prisons and prisoners.>> None of the funds 
appropriated by this Act may be used by Federal prisons to purchase 
cable television services, to rent or purchase videocassettes, 
videocassette recorders, or other audiovisual or electronic equipment 
used primarily for recreational purposes.

    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 624. <<NOTE: Government organization.>> A Deputy Assistant 
Administrator for non-contiguous States and territories shall, through 
the Senior Executive Service,

[[Page 118 STAT. 99]]

administer Small Business Administration programs in Alaska, Hawaii, and 
the territories, including disaster loans to fishermen, programs 
benefitting Alaska Native Corporations and Native Hawaiians, including 
but not limited to section 8(a) and Historically Underutilized Business 
Zones, and all other programs serving Alaska Natives and Native 
Hawaiians. All disaster loans issued in Alaska shall be administered by 
the Small Business Administration and shall not be sold during fiscal 
year 2004.
    Sec. 625. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 626. The Secretary of Commerce shall negotiate or reevaluate, 
with the consent of the President, international agreements affecting 
international ocean policy.
    Sec. 627. <<NOTE: Telecommuni- cating. 5 USC 6120 note.>> The 
Departments of Commerce, Justice, State, the Judiciary, and the Small 
Business Administration shall each establish a policy under which 
eligible employees may participate in telecommuting to the maximum 
extent possible without diminished 
employee <<NOTE: Deadline.>> performance: Provided, That, not later than 
6 months after the date of the enactment of this Act, each of the 
aforementioned entities shall provide that the requirements of this 
section are applied to 100 percent of the workforce: Provided further, 
That, of the funds appropriated in this Act for the Departments of 
Commerce, Justice, and State, the Judiciary, and the Small Business 
Administration, $200,000 shall be available to each Department or agency 
only to implement telecommuting <<NOTE: Deadline. Reports.>> programs: 
Provided further, That, every 6 months, each Department or agency shall 
provide a report to the Committees on Appropriations on the status of 
telecommuting programs, including the number of Federal employees 
eligible for, and participating in, such programs, and uses of funds 
designated under this <<NOTE: Establishment.>> section: Provided 
further, That each Department or agency shall designate a ``Telework 
Coordinator'' to be responsible for overseeing the implementation of 
telecommuting programs and serve as a point of contact on such programs 
for the Committees on Appropriations.

    Sec. 628. The paragraph under the heading ``Small Business 
Administration--Disaster Loans Program Account'' in chapter 2 of 
division B of Public Law 107-117 <<NOTE: 115 Stat. 2297.>> is amended by 
inserting ``or section 7(b) of the Small Business Act'' after 
``September 11, 2001''.

    Sec. 629. The Telecommunications Act of 1996 <<NOTE: 47 USC 303 
note.>> is amended as follows--
            (1) in section 202(c)(1)(B) <<NOTE: 110 Stat. 110.>> by 
        striking ``35 percent'' and inserting ``39 percent'';
            (2) in section 202(c) by adding the following new paragraphs 
        at the end:
            ``(3) Divestiture.--A <<NOTE: Broadcasting.>> person or 
        entity that exceeds the 39 percent national audience reach 
        limitation for television stations in paragraph (1)(B) through 
        grant, transfer, or assignment of an additional license for a 
        commercial television broadcast station shall have not more than 
        2 years after exceeding such limitation to come into compliance 
        with such limitation. This divestiture requirement shall not 
        apply to persons or entities that exceed the 39 percent national 
        audience reach limitation through population growth.

[[Page 118 STAT. 100]]

            ``(4) Forbearance.--Section 10 of the Communications Act of 
        1934 (47 U.S.C. 160) shall not apply to any person or entity 
        that exceeds the 39 percent national audience reach limitation 
        for television stations in paragraph (1)(B);''; and
            (3) in section 202(h) <<NOTE: 110 Stat. 110.>> by striking 
        ``biennially'' and inserting ``quadrennially'' and by adding the 
        following new flush sentence at the end:

``This subsection does not apply to any rules relating to the 39 percent 
national audience reach limitation in subsection (c)(1)(B).''.
    Sec. 630. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall 
include in all such data releases, language similar to the following 
that would make clear that trace data cannot be used to draw broad 
conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law enforcement 
        authorities in conducting investigations by tracking the sale 
        and possession of specific firearms. Law enforcement agencies 
        may request firearms traces for any reason, and those reasons 
        are not necessarily reported to the Federal Government. Not all 
        firearms used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen for 
        purposes of determining which types, makes or models of firearms 
        are used for illicit purposes. The firearms selected do not 
        constitute a random sample and should not be considered 
        representative of the larger universe of all firearms used by 
        criminals, or any subset of that universe. Firearms are normally 
        traced to the first retail seller, and sources reported for 
        firearms traced do not necessarily represent the sources or 
        methods by which firearms in general are acquired for use in 
        crime.

    Sec. 631. Section 503(f) of the Small Business Investment Act of 
1958 (15 U.S.C. 697(f)) shall be amended by substituting ``March 15, 
2004'' for the last date that appears in the subsection.
    Sec. 632. In addition to amounts otherwise appropriated in this Act, 
the unobligated balances previously made available by section 507(g) of 
Public Law 105-135 shall be available until expended for the cost of 
general business loans under section 7(a) of the Small Business Act.
    Sec. 633. (a) <<NOTE: 22 USC 2078.>> There is established in the 
Treasury of the United States a trust fund to be known as the 
International Center for Middle Eastern-Western Dialogue Trust Fund. The 
income from the fund shall be used for operations of the International 
Center for Middle Eastern-Western Dialogue to promote dialogue and 
scholarship in the Middle East. The fund may accept contributions and 
gifts from public and private sources.

    (b) It shall be the duty of the Secretary of the Treasury to invest 
in full amounts made available to the fund. Such investments may be made 
only in interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the United 
States. The interest on, and the proceeds from the sale or redemption 
of, any obligations held in the fund shall be credited to and form a 
part of the fund and shall remain available without fiscal year 
limitation.
    (c) For each fiscal year, there is authorized to be appropriated 
from the fund for the operations of the International Center for

[[Page 118 STAT. 101]]

Middle Eastern-Western Dialogue the total amount of the interest and 
earnings credited to the fund under subsection (b).
    (d) There are authorized to be appropriated to the International 
Center for Middle Eastern-Western Dialogue Trust Fund, without fiscal 
year limitation, such sums as may be necessary to carry out the 
provisions of this section and to provide for the permanent endowment 
for the International Center for Middle Eastern-Western Dialogue 
established under this section.
    (e) <<NOTE: Turkey.>> The United States, through the Department of 
State, shall retain ownership of the Palazzo Corpi building in Istanbul, 
Turkey, and the Secretary of State shall be responsible for maintaining 
the International Center for Middle Eastern-Western Dialogue at such 
location.

    (f) Section 1321(a) of title 31, United States Code, is amended by 
inserting after ``(58) Inmates' fund, workhouse and reformatory, 
District of Columbia.'' the following new paragraph:
            ``(59) International Center for Middle Eastern-Western 
        Dialogue Trust Fund.''.

    Sec. 634. None of the funds appropriated or otherwise made available 
under this Act may be used to issue patents on claims directed to or 
encompassing a human organism.
    Sec. 635. None of the funds made available in this Act may be used 
to pay expenses for any United States delegation to the United Nations 
Human Rights Commission if such commission is chaired or presided over 
by a country, the government of which the Secretary of State has 
determined, for purposes of section 6(j)(1) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support 
for acts of international terrorism.
    Sec. 636. None of the funds made available in this Act may be used 
in violation of section 212(a)(10)(C) of the Immigration and Nationality 
Act.
    Sec. 637. (a) <<NOTE: HELP Commission Act. 22 USC 2394b.>> This 
section may be cited as the ``HELP Commission Act''.

    (b)(1) The Congress finds that, despite the long-standing efforts 
and resources of the United States dedicated to helping needy people 
around the world, despair remains and in many areas is growing.
    (2) Therefore, a commission should be established to bring together 
the best minds associated with development and humanitarian assistance 
to make a comprehensive review of--
            (A) policy decisions, including why certain development 
        projects are funded and others are not, successes, and best 
        practices, including their applicability to other existing 
        programs and projects;
            (B) delivery obstacles, including the roles of United States 
        agencies and other governmental and nongovernmental 
        organizations;
            (C) methodology, including whether the delivery of United 
        States development assistance always represents best practices 
        and whether it can be improved; and
            (D) results, including measuring improvements in human 
        capacity instead of in purely economic terms.

    (3) An examination of these issues should present new approaches and 
ideas to ensure that United States development assistance reaches and 
benefits its intended recipients.

[[Page 118 STAT. 102]]

    (c)(1) <<NOTE: Establishment.>> There is established the Helping to 
Enhance the Livelihood of People (HELP) Around the Globe Commission (in 
this section referred to as the ``Commission'').

    (2) The Commission shall--
            (A) identify the past and present objectives of United 
        States development assistance, identify cases in which those 
        objectives have been met, identify the beneficiaries of such 
        assistance, and what percentage of the funds provided actually 
        reached the intended beneficiaries;
            (B) identify cases in which United States development 
        assistance has been most successful, and analyze how such 
        successes may be transferable to other countries or areas;
            (C) study ways to expand educational opportunities and 
        investments in people, and assess infrastructure needs;
            (D) analyze how the United States could place conditions on 
        governments in countries receiving United States development 
        assistance, in light of and notwithstanding the objectives of 
        the Millennium Challenge Account;
            (E) analyze ways in which the United States can coordinate 
        its development assistance programs with those of other donor 
        countries and international organizations;
            (F) analyze ways in which the safety of development 
        assistance workers can be ensured, particularly in the midst of 
        conflicts;
            (G) compare the effectiveness of increased and open trade 
        with development assistance, and analyze the advantages and 
        disadvantages of such trade and whether such trade could be a 
        more effective alternative to United States development 
        assistance;
            (H) analyze ways in which the United States can strengthen 
        the capacity of indigenous nongovernmental organizations to be 
        more effective in grassroots development;
            (I) analyze ways in which decisions on providing development 
        assistance can involve more of the people of the recipient 
        countries;
            (J) analyze ways in which results can be measured if United 
        States development assistance is targeted to the least developed 
        countries;
            (K) recommend standards that should be set for 
        ``graduating'' recipient countries from United States 
        development assistance;
            (L) analyze whether United States development assistance 
        should be used as a means to achieve United States foreign 
        policy objectives;
            (M) analyze how the United States can evaluate the 
        performance of its development assistance programs not only 
        against economic indicators, but in other ways, including how to 
        measure the success of United States development assistance in 
        democratization efforts; and evaluate the existing foreign 
        assistance framework to ascertain the degree of coordination, or 
        lack thereof, of the disparate foreign development programs as 
        administered by the various Federal agencies, to identify and 
        assess the redundancies of programs and organizational 
        structures engaged in foreign assistance, and to recommend 
        revisions to authorizing legislation for foreign assistance that 
        would seek to reconcile competing foreign policy and foreign aid 
        goals; and

[[Page 118 STAT. 103]]

            (N) study any other areas that the Commission considers 
        necessary relating to United States development assistance.

    (d)(1) The Commission shall be composed of 21 members as follows:
            (A) Six members shall be appointed by the President, of whom 
        at least two shall be representatives of nongovernmental 
        organizations.
            (B) Four members shall be appointed by the majority leader 
        of the Senate, and three members shall be appointed by the 
        minority leader of the Senate.
            (C) Four members shall be appointed by the Speaker of the 
        House of Representatives, and three members shall be appointed 
        by the minority leader of the House of Representatives.
            (D) The Administrator of the United States Agency for 
        International Development shall serve as a member of the 
        Commission, ex officio.

    (2) Members under subparagraphs (A) through (C) of paragraph (1) 
shall be appointed for the life of the Commission.
    (3) Members of the Commission shall be selected from among 
individuals noted for their knowledge and experience in foreign 
assistance, particularly development and humanitarian assistance.
    (4) <<NOTE: Deadline.>> The appointments under paragraph (1) shall 
be made not later than 60 days after the date of the enactment of this 
section.

    (5) <<NOTE: President.>> The President shall designate one of the 
members of the Commission not currently in Government service as the 
Chair of the Commission.

    (6) In order to facilitate the workload of the Commission, the 
Commission shall divide the membership of the Commission into three 
subcommittees representing the different regions of the world to which 
the United States provides development assistance, the membership of 
each subcommittee to be proportional to the percentage of United States 
development assistance provided to the region represented by the 
subcommittee. Each subcommittee shall elect one of its members as Chair 
of the subcommittee.
    (7)(A) Eleven members of the Commission shall constitute a quorum 
for purposes of transacting the business of the Commission. The 
Commission shall meet at the call of the Chair.
    (B) A majority of the members of each regional subcommittee shall 
constitute a quorum for purposes of transacting the business of the 
subcommittee. Each subcommittee shall meet at the call of the Chair of 
the subcommittee.
    (8) Any vacancy of the Commission shall not affect its powers, but 
shall be filled in the manner in which the original appointment was 
made.
    (9) The Administrator of General Services shall provide to the 
Commission on a reimbursable basis (or, in the discretion of the 
Administrator, on a nonreimbursable basis) such administrative support 
services as the Commission may request to carry out this section.
    (10)(A) Subject to subparagraph (B), members of the Commission shall 
serve without pay.
    (B) Members of the Commission who are full-time officers or 
employees of the United States or Members of Congress may not receive 
additional pay, allowances, or benefits by reason of their service on 
the Commission.

[[Page 118 STAT. 104]]

    (11) Members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.
    (12)(A) The Chairman of the Commission may, without regard to the 
civil service laws and regulations, appoint and terminate an executive 
director and such other additional personnel as may be necessary to 
enable the Commission to perform its duties. The employment of an 
executive director shall be subject to confirmation by the Commission.
    (B) To the extent or in the amounts provided in advance in 
appropriations Acts--
            (i) the executive director shall be compensated at the rate 
        payable for level V of the Executive Schedule under section 5316 
        of title 5, United States Code; and
            (ii) the Chairman of the Commission may fix the compensation 
        of other personnel without regard to the provisions of chapter 
        51 and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for such 
        personnel may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.

    (e)(1) The Commission may, for the purpose of carrying out its 
functions under this section, hold hearings, sit and act at times and 
places in the United States and in countries that receive United States 
development assistance, take testimony, and receive evidence as the 
Commission considers advisable to carry out the purposes of this 
section.
    (2) The Commission may secure directly from any Federal department 
or agency such information as the Commission considers necessary to 
carry out the provisions of this section. Upon request of the Chair of 
the Commission, the head of such department or agency shall furnish such 
information to the Commission, subject to applicable law.
    (3) The Commission may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the Federal Government.
    (4) The Commission may adopt such rules and regulations, relating to 
administrative procedure, as may be reasonably necessary to enable it to 
carry out the provisions of this section.
    (5) The Members of the Commission may, with the approval of the 
Commission, conduct such travel as is necessary to carry out the 
purposes of this section. Each trip must be approved by a majority of 
the Commission.
    (6) Upon the request of the Commission, the head of any Federal 
department or agency may detail, on a reimbursable or nonreimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its functions under this 
section. The detail of any such personnel shall be without interruption 
or loss of civil service or Foreign Service status or privilege.
    (f)(1) <<NOTE: Deadline. Reports.>> Not later than 2 years after the 
members of the Commission are appointed under subsection (d)(1), the 
Commission shall

[[Page 118 STAT. 105]]

submit a report to the President, the Secretary of State, the Committee 
on Appropriations and the Committee on International Relations of the 
House of Representatives, and the Committee on Appropriations and the 
Committee on Foreign Relations of the Senate, setting forth its findings 
and recommendations under section (c)(2).
    (2) The report may be submitted in classified form, together with a 
public summary of recommendations, if the classification of information 
would further the purposes of this section.
    (3) Each member of the Commission may include the individual or 
dissenting views of the member.
    (g) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Commission.
    (h) In this section, the term ``United States development 
assistance'' means--
            (1) assistance provided by the United States under chapters 
        1, 10, 11, and 12 of part I of the Foreign Assistance Act of 
        1961; and
            (2) assistance provided under any other provision of law to 
        carry out purposes comparable to those set forth in the 
        provisions referred to in paragraph (1).

    (i)(1) There are authorized to be appropriated to the Commission 
such sums as may be necessary to carry out this section.
    (2) Amounts authorized to be appropriated under subsection (a) are 
authorized to remain available until expended, but not later than the 
date of termination of the Commission.
    (j) <<NOTE: Termination.>> The Commission shall terminate 30 days 
after the submission of its report under subsection (f).

    (k)(1) <<NOTE: Deadlines. Reports.>> Not later than April 1, 2004, 
and April 1 of each third year thereafter, the President shall transmit 
to the Congress a report that analyzes, on a country-by-country basis, 
the impact and effectiveness of United States economic assistance 
furnished to each country during the preceding 3 fiscal years. The 
report shall include the following for each recipient country:
            (A) An analysis of the impact of United States economic 
        assistance during the preceding 3 fiscal years on economic 
        development in that country, with a discussion of the United 
        States interests that were served by the assistance. The 
        analysis shall be done on a sector-by-sector basis to the extent 
        possible and shall identify any economic policy reforms that 
        were promoted by the assistance. The analysis shall--
                    (i) include a description, quantified to the extent 
                practicable, of the specific objectives the United 
                States sought to achieve in providing economic 
                assistance for that country; and
                    (ii) specify the extent to which those objectives 
                were not achieved, with an explanation of why they were 
                not achieved.
            (B) A description of the amount and nature of economic 
        assistance provided by other donors during the preceding 3 
        fiscal years, set forth by development sector to the extent 
        possible.
            (C) A discussion of the commitment of the host government to 
        addressing the country's needs in each development sector, 
        including a description of the resources devoted by that 
        government to each development sector during the preceding 3 
        fiscal years.

[[Page 118 STAT. 106]]

            (D) A description of the trends, both favorable and 
        unfavorable, in each development sector.
            (E) Statistical and other information necessary to evaluate 
        the impact and effectiveness of United States economic 
        assistance on development in the country.
            (F) A comparison of the analysis provided in the report with 
        relevant analyses by international financial institutions, other 
        international organizations, other donor countries, or 
        nongovernmental organizations.

    (2) The report required by this section shall identify--
            (A) each country in which United States economic assistance 
        has been most successful, as indicated by the extent to which 
        the specific objectives the United States sought to achieve in 
        providing the assistance for the country, as referred to in 
        paragraph (1)(A)(i), were achieved; and
            (B) each country in which United States economic assistance 
        has been least successful, as indicated by the extent to which 
        the specific objectives the United States sought to achieve in 
        providing the assistance for the country, as referred to in 
        paragraph (1)(A)(i), were not achieved; and, for each such 
        country, an explanation of why the assistance was not more 
        successful and a specification of what the United States has 
        done as a result.

    (3) Information under paragraphs (1) and (2) for a fiscal year shall 
not be required with respect to a country for which United States 
economic assistance for the country for the fiscal year is less than 
$5,000,000.
    (4) In this subsection, the term ``United States economic 
assistance'' means any bilateral economic assistance, from any budget 
functional category, that is provided by any department or agency of the 
United States to a foreign country, including such assistance that is 
intended--
            (A) to assist the development and economic advancement of 
        friendly foreign countries and peoples;
            (B) to promote the freedom, aspirations, or sustenance of 
        friendly peoples under oppressive rule by unfriendly 
        governments;
            (C) to promote international trade and foreign direct 
        investment as a means of aiding economic growth;
            (D) to save lives and alleviate suffering of foreign peoples 
        during or following wars, natural disasters, or complex crisies;
            (E) to assist in recovery and rehabilitation of countries or 
        peoples following disaster or war;
            (F) to protect refugees and promote durable solutions to aid 
        refugees;
            (G) to promote sound environmental practices;
            (H) to assist in development of democratic institutions and 
        good governance by the people of foreign countries;
            (I) to promote peace and reconciliation or prevention of 
        conflict;
            (J) to improve the technical capacities of governments to 
        reduce production of and demand for illicit narcotics; and
            (K) to otherwise promote through bilateral foreign economic 
        assistance the national objectives of the United States.

    Sec. 638. (a) There is hereby rescinded an amount equal to 0.465 
percent of the budget authority provided for fiscal year 2004 for any 
discretionary account in this Act.

[[Page 118 STAT. 107]]

    (b) Any rescission made by subsection (a) shall be applied 
proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in subsection (a); and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the appropriation Act or accompanying reports 
        for the relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation Acts, as 
        delineated in the most recently submitted President's budget).

                         TITLE VII--RESCISSIONS

                          DEPARTMENT OF JUSTICE

                         General Administration

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

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

                            Legal Activities

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

                          Federal Prison System

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

                       Office of Justice Programs

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

[[Page 118 STAT. 108]]

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

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

               DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

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

             National Oceanic and Atmospheric Administration

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

                      TITLE VIII--ALASKAN FISHERIES

    Sec. 801. Bering Sea and Aleutian Islands Crab Rationalization. 
Section 313 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.), as amended, is further amended by adding 
at the end <<NOTE: 16 USC 1862.>> thereof the following:

    ``(j) Bering Sea and Aleutian Islands Crab Rationalization.--
            ``(1) <<NOTE: Deadline.>> By not later than January 1, 2005, 
        the Secretary shall approve and hereafter implement by 
        regulation the Voluntary Three-Pie Cooperative Program for crab 
        fisheries of the Bering Sea and Aleutian Islands approved by the 
        North Pacific Fishery Management Council between June 2002 and 
        April 2003, and all trailing amendments including those reported 
        to Congress on May 6, 2003. This section shall not preclude the 
        Secretary from approving by January 1, 2005, and implementing 
        any subsequent program amendments approved by the Council.
            ``(2) Notwithstanding any other provision of this Act, in 
        carrying out paragraph (1) the Secretary shall approve all parts 
        of the Program referred to in such paragraph. Further, no part 
        of such Program may be implemented if, as approved by the North 
        Pacific Fishery Management Council, individual fishing quotas, 
        processing quotas, community development

[[Page 118 STAT. 109]]

        quota allocation, voluntary cooperatives, binding arbitration, 
        regional landing and processing requirements, community 
        protections, economic data collection, or the loan program for 
        crab fishing vessel captains and crew members, is invalidated 
        subject to a judicial determination not subject to judicial 
        appeal. If the Secretary determines that a processor has 
        leveraged its Individual Processor Quota shares to acquire a 
        harvesters open-delivery ``B shares'', the processor's 
        Individual Processor Quota shares shall be forfeited.
            ``(3) Subsequent to implementation pursuant to paragraph 
        (1), the Council may submit and the Secretary may implement 
        changes to or repeal of conservation and management measures, 
        including measures authorized in this section, for crab 
        fisheries of the Bering Sea and Aleutian Islands in accordance 
        with applicable law, including this Act as amended by this 
        subsection, to achieve on a continuing basis the purposes 
        identified by the Council.
            ``(4) The loan program referred to in paragraph (2) shall be 
        carried out pursuant to the authority of sections 1111 and 1112 
        of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 
        1279f, 1279g).
            ``(5) For purposes of implementing this section $1,000,000 
        shall be made available each year until fully implemented from 
        funds otherwise made available to the National Marine Fisheries 
        Service for Alaska fisheries activities.
            ``(6) Nothing in this Act shall constitute a waiver, either 
        express or implied, of the antitrust laws of the United States. 
        The Secretary, in consultation with the Department of Justice 
        and the Federal Trade Commission, shall develop and implement a 
        mandatory information collection and review process to provide 
        any and all information necessary for the Department of Justice 
        and the Federal Trade Commission to determine whether any 
        illegal acts of anti-competition, anti-trust, or price collusion 
        have occurred among persons receiving individual processing 
        quotas under the Program. The Secretary may revoke any 
        individual processing quota held by any person found to have 
        violated a provision of the antitrust laws of the United States.
            ``(7) An individual processing quota issued under the 
        Program shall be considered a permit for the purposes of 
        sections 307, 308, and 309, and may be revoked or limited at any 
        time in accordance with this Act. Issuance of an individual 
        processing quota under the program shall not confer any right of 
        compensation to the holder of such individual processing quota 
        if it is revoked or limited and shall not create, or be 
        construed to create, any right, title, or interest in or to any 
        fish before the fish is purchased from an individual fishing 
        quota holder.
            ``(8) The restriction on the collection of economic data in 
        section 303 shall not apply with respect to any fish processor 
        who is eligible for, or who has received, individual processing 
        quota under the Program. The restriction on the disclosure of 
        information in section 402(b)(1) shall not apply when the 
        information is used to determine eligibility for or compliance 
        with an individual processing quota program.
            ``(9) <<NOTE: Applicability.>> The provisions of sections 
        308, 310, and 311 shall apply to the processing facilities and 
        fish products of any person

[[Page 118 STAT. 110]]

        holding individual processing quota, and the provisions of 
        subparagraphs (D), (E), and (L) of section 307(l) shall apply to 
        any facility owned or controlled by a person holding individual 
        processing quota.''.

    Sec. <<NOTE: Establishment. 16 USC 1851 note.>> 802. Gulf of Alaska 
Rockfish Demonstration Program. The Secretary of Commerce, in 
consultation with the North Pacific Fishery Management Council, shall 
establish a pilot program that recognizes the historic participation of 
fishing vessels (1996 to 2002, best 5 of 7 years) and historic 
participation of fish processors (1996 to 2000, best 4 of 5 years) for 
pacific ocean perch, northern rockfish, and pelagic shelf rockfish 
harvested in Central Gulf of Alaska. Such a pilot program shall: (1) 
provide for a set-aside of up to 5 percent for the total allowable catch 
of such fisheries for catcher vessels not eligible to participate in the 
pilot program, which shall be delivered to shore-based fish processors 
not eligible to participate in the pilot program; and (2) establish 
catch limits for non-rockfish species and non-target rockfish species 
currently harvested with pacific ocean perch, northern rockfish, and 
pelagic shelf rockfish, which shall be based on historical harvesting of 
such bycatch species. The pilot program will sunset when a Gulf of 
Alaska Groundfish comprehensive rationalization plan is authorized by 
the Council and implemented by the Secretary, or 2 years from date of 
implementation, whichever is earlier.

    Sec. <<NOTE: 16 USC 1851 note.>> 803. Aleutian Islands Fisheries 
Development. (a) Aleutian Islands Pollock Allocation.--
Effective <<NOTE: Effective date.>> January 1, 2004 and thereafter, the 
directed pollock fishery in the Aleutian Islands Subarea [AI] of the 
BSAI (as defined in 50 CFR 679.2) shall be allocated to the Aleut 
Corporation (incorporated pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.)). Except with the permission of 
the Aleut Corporation or its authorized agent, the fishing or processing 
of any part of such allocation shall be prohibited by section 307 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857), subject to the penalties and sanctions under section 308 of such 
Act (16 U.S.C. 1858), and subject to the forfeiture of any fish 
harvested or processed.

    (b) Eligible Vessels.--Only vessels that are 60 feet or less in 
length overall and have a valid fishery endorsement, or vessels that are 
eligible to harvest pollock under section 208 of title II of division C 
of Public Law 105-277, shall be eligible to form partnerships with the 
Aleut Corporation (or its authorized agents) to harvest the allocation 
under subsection (a). During the years 2004 through 2008, up to 25 
percent of such allocation may be harvested by vessels 60 feet or less 
in length overall. During the years 2009 through 2013, up to 50 percent 
of such allocation may be harvested by vessels 60 feet or less in length 
overall. After the year 2012, 50 percent of such allocation shall be 
harvested by vessels 60 feet or less in length overall, and 50 percent 
shall be harvested by vessels eligible under such section of Public Law 
105-277.
    (c) Groundfish Optimum Yield Limitation.--The optimum yield for 
groundfish in the Bering Sea and Aleutian Islands Management Area shall 
not exceed 2 million metric tons. For the purposes of implementing 
subsections (a) and (b) without adversely affecting current fishery 
participants, the allocation under subsection (a) may be in addition to 
such optimum yield during the years 2004 through 2008 upon 
recommendation by the North Pacific Council

[[Page 118 STAT. 111]]

and approval by the Secretary of Commerce (if consistent with the 
requirements of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.)).
    (d) Management and Allocation.--For the purposes of this section, 
the North Pacific Fishery Management Council shall recommend and the 
Secretary shall approve an allocation under subsection (a) to the Aleut 
Corporation for the purposes of economic development in Adak, Alaska 
pursuant to the requirements of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    Sec. 804. A Council or the Secretary may not consider or establish 
any program to allocate or issue an individual processing quota or 
processor share in any fishery of the United States other than the crab 
fisheries of the Bering Sea and Aleutian Islands.
    This division may be cited as the ``Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 2004''.

 DIVISION C--DISTRICT <<NOTE: District of Columbia Appropriations Act, 
2004.>> OF COLUMBIA APPROPRIATIONS ACT, 2004

                                 An Act


Making appropriations for the government of the District of Columbia and 
other activities chargeable in whole or in part against the revenues of 
  said District for the fiscal year ending September 30, 2004, and for 
                             other purposes.

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the District of Columbia and 
related agencies for the fiscal year ending September 30, 2004, and for 
other purposes, namely:

                         TITLE I--FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered by 
the Mayor, for District of Columbia resident tuition support, 
$17,000,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of

[[Page 118 STAT. 112]]

Columbia Chief Financial Officer who shall use those funds solely for 
the purposes of carrying out the Resident Tuition Support Program: 
Provided further, That the Office of the Chief Financial Officer shall 
provide a quarterly financial report to the Committees on Appropriations 
of the House of Representatives and Senate for these funds showing, by 
object class, the expenditures made and the purpose therefor: Provided 
further, That not more than 7 percent of the total amount appropriated 
for this program may be used for administrative expenses.

    Federal Payment for Emergency Planning and Security Costs in the 
                          District of Columbia

    For necessary expenses, as determined by the Mayor of the District 
of Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $11,000,000, to remain available 
until expended, to reimburse the District of Columbia for the costs of 
providing public safety at events related to the presence of the 
national capital in the District of Columbia and for the costs of 
providing support to respond to immediate and specific terrorist threats 
or attacks in the District of Columbia or surrounding jurisdictions: 
Provided, That any amount provided under this heading shall be available 
only after notice of its proposed use has been transmitted by the 
President to Congress and such amount has been apportioned pursuant to 
chapter 15 of title 31, United States Code.

           Federal Payment to the District of Columbia Courts

    For salaries and expenses for the District of Columbia Courts, 
$167,765,000, to be allocated as follows: for the District of Columbia 
Court of Appeals, $8,775,000, of which not to exceed $1,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $83,387,000, of which not to exceed $1,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $40,006,000, of which not to exceed $1,500 is for 
official reception and representation expenses; and $35,597,000, to 
remain available until September 30, 2005, for capital improvements for 
District of Columbia courthouse facilities: Provided, That funds made 
available for capital improvements shall be expended consistent with the 
General Services Administration master plan study and building 
evaluation report: Provided further, That notwithstanding any other 
provision of law, all amounts under this heading shall be apportioned 
quarterly by the Office of Management and Budget and obligated and 
expended in the same manner as funds appropriated for salaries and 
expenses of other Federal agencies, with payroll and financial services 
to be provided on a contractual basis with the General Services 
Administration (GSA), said services to include the preparation of 
monthly financial reports, copies of which shall be submitted directly 
by GSA to the President and to the Committees on Appropriations of the 
House of Representatives and Senate, the Committee on Government Reform 
of the House of Representatives, and the Committee on Governmental 
Affairs of the Senate: Provided further, That 30 days after providing 
written notice to the Committees on Appropriations of the House of 
Representatives and Senate, the District of Columbia Courts may 
reallocate not more than

[[Page 118 STAT. 113]]

$1,000,000 of the funds provided under this heading among the items and 
entities funded under such heading.

            Defender Services in District of Columbia Courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad litem 
representation, training, technical assistance and/or such other 
services as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Code, and payments for counsel 
authorized under section 21-2060, D.C. Official Code (relating to 
representation provided under the District of Columbia Guardianship, 
Protective Proceedings, and Durable Power of Attorney Act of 1986), 
$32,000,000, to remain available until expended: Provided, That the 
funds provided in this Act under the heading ``Federal Payment to the 
District of Columbia Courts'' (other than the $35,597,000 provided under 
such heading for capital improvements for District of Columbia 
courthouse facilities) may also be used for payments under this heading: 
Provided further, That in addition to the funds provided under this 
heading, the Joint Committee on Judicial Administration in the District 
of Columbia shall use funds provided in this Act under the heading 
``Federal Payment to the District of Columbia Courts'' (other than the 
$35,597,000 provided under such heading for capital improvements for 
District of Columbia courthouse facilities), to make payments described 
under this heading for obligations incurred during any fiscal year: 
Provided further, That funds provided under this heading shall be 
administered by the Joint Committee on Judicial Administration in the 
District of Columbia: Provided further, That notwithstanding any other 
provision of law, this appropriation shall be apportioned quarterly by 
the Office of Management and Budget and obligated and expended in the 
same manner as funds appropriated for expenses of other Federal 
agencies, with payroll and financial services to be provided on a 
contractual basis with the General Services Administration (GSA), said 
services to include the preparation of monthly financial reports, copies 
of which shall be submitted directly by GSA to the President and to the 
Committees on Appropriations of the House of Representatives and Senate, 
the Committee on Government Reform of the House of Representatives, and 
the Committee on Governmental Affairs of the Senate.

 Federal Payment to the Court Services and Offender Supervision Agency 
                      for the District of Columbia

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

[[Page 118 STAT. 114]]

and representation expenses related to Community Supervision and 
Pretrial Services Agency programs; of which not to exceed $25,000 is for 
dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002; of which $105,814,000 shall be for necessary expenses of Community 
Supervision and Sex Offender Registration, to include expenses relating 
to the supervision of adults subject to protection orders or the 
provision of services for or related to such persons; of which 
$37,411,000 shall be available to the Pretrial Services Agency; and of 
which $25,210,000 shall be transferred to the Public Defender Service 
for the District of Columbia: Provided, That notwithstanding any other 
provision of law, all amounts under this heading shall be apportioned 
quarterly by the Office of Management and Budget and obligated and 
expended in the same manner as funds appropriated for salaries and 
expenses of other Federal agencies: Provided further, That 
notwithstanding chapter 12 of title 40, United States Code, the Director 
may acquire by purchase, lease, condemnation, or donation, and renovate 
as necessary, Building Number 17, 1900 Massachusetts Avenue, Southeast, 
Washington, District of Columbia to house or supervise offenders and 
defendants, with funds made available for this purpose in Public Law 
107-96: Provided further, That the Director is authorized to accept and 
use gifts in the form of in-kind contributions of space and hospitality 
to support offender and defendant programs, and equipment and vocational 
training services to educate and train offenders and defendants: 
Provided further, That the Director shall keep accurate and detailed 
records of the acceptance and use of any gift or donation under the 
previous proviso, and shall make such records available for audit and 
public inspection.

  Federal Payment to the District of Columbia Water and Sewer Authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $30,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.

 Federal Payment for Hospital Bioterrorism Preparedness in the District 
                               of Columbia

    For a Federal payment to the District of Columbia Department of 
Health to support hospital bioterrorism preparedness in the District of 
Columbia, $7,500,000, of which $3,750,000 shall be for the Children's 
National Medical Center in the District of Columbia for the expansion of 
quarantine facilities and the establishment of a decontamination 
facility, and $3,750,000 shall be for the Washington Hospital Center for 
construction of containment facilities.

         Federal Payment for the Anacostia Waterfront Initiative

    For a Federal payment to the District of Columbia Department of 
Transportation, $5,000,000, to remain available until September 30, 
2005, for design and construction of a continuous pedestrian and bicycle 
trail system from the Potomac River to the District's border with 
Maryland.

[[Page 118 STAT. 115]]

      Federal Payment to the Criminal Justice Coordinating Council

    For a Federal payment to the Criminal Justice Coordinating Council, 
$1,300,000, to support initiatives related to the coordination of 
Federal and local criminal justice resources in the District of 
Columbia.

   Federal Payment for Capital Development in the District of Columbia

    For a Federal payment to the District of Columbia for capital 
development, $8,150,000, to remain available until expended, of which 
$150,000 shall be for renovations at Eastern Market and $8,000,000 shall 
be for the Unified Communications Center.

              Federal Payment for Public School Facilities

    For a Federal payment to the District of Columbia Public Schools, 
$4,500,000, of which $500,000 shall be for a window repair and reglazing 
program and $4,000,000 shall be for a playground repair and replacement 
program.

              Federal Payment for a Family Literacy Program

    For a Federal payment to the District of Columbia, $2,000,000 for a 
family literacy program to address the needs of literacy-challenged 
parents while endowing their children with an appreciation for literacy 
and strengthening familial ties: Provided, That the District of Columbia 
shall provide a 100 percent match with local funds as a condition of 
receiving this payment.

              Federal Payment for Transportation Assistance

    For a Federal payment to the District of Columbia Department of 
Transportation, $3,500,000, of which $500,000 shall be allocated to 
implement a downtown circulator transit system, and of which $3,000,000 
shall be to offset a portion of the District of Columbia's allocated 
operating subsidy payment to the Washington Metropolitan Area Transit 
Authority.

Federal Payment for Foster Care Improvements in the District of Columbia

    For a Federal payment to the District of Columbia for foster care 
improvements, $14,000,000: Provided, That $9,000,000 shall be for the 
Child and Family Services Agency, of which $2,000,000 shall be to 
establish an early intervention program to provide intensive and 
immediate services for foster children; of which $1,000,000 shall be to 
establish an emergency support fund to purchase items necessary to allow 
children to remain in the care of an approved and licensed family 
member; of which $3,000,000 shall be for a loan repayment program for 
social workers who meet certain agency-established requirements; of 
which $3,000,000 shall be to upgrade the agency's computer database to a 
web-based technology and to provide computer technology for social 
workers: Provided further, That $3,900,000 shall be for the Department 
of Mental Health to provide all court-ordered or agency-required mental 
health screenings, assessments and treatments

[[Page 118 STAT. 116]]

for children under the supervision of the Child and Family Services 
Agency: Provided further, That the Director of the Department of Mental 
Health shall initiate court-ordered or agency-required mental health 
services within 3 days of notification that service is needed: Provided 
further, That the Director of the Department of Mental Health shall 
ensure that court-ordered or agency-required mental health assessments 
are completed within 15 days of the request and that all assessments be 
provided to the Court within 5 days of completion of the assessment: 
Provided further, That $1,100,000 shall be for the Washington 
Metropolitan Council of Governments, to develop a program in conjunction 
with the Foster and Adoptive Parents Advocacy Center, to provide respite 
care for and recruitment of foster parents: Provided further, That the 
Mayor shall submit a detailed expenditure plan for the use of funds 
provided under this heading within 15 days of enactment of this 
legislation to the Committees on Appropriations of the House of 
Representatives and Senate: Provided further, That the funds provided 
under this heading shall not be made available until 30 calendar days 
after the submission of a spending plan to the Committees on 
Appropriations of the House of Representatives and Senate: Provided 
further, That with the exception of funds provided for the Department of 
Mental Health and the Washington Metropolitan Council of Governments, no 
part of this appropriation may be used for contractual community-based 
services: Provided further, That the Comptroller General shall prepare 
and submit to the Committees on Appropriations of the House of 
Representatives and Senate an accounting of all obligations and 
expenditures of the funds provided under this heading: Provided further, 
That the Comptroller General shall initiate management reviews of the 
Child and Family Services Agency and the Department of Mental Health and 
shall submit a report to the Committees on Appropriations of the House 
of Representatives and Senate no later than 6 months after enactment of 
this Act.

  Federal Payment to the Office of the Chief Financial Officer of the 
                          District of Columbia

    For a Federal payment to the Office of the Chief Financial Officer 
of the District of Columbia, $32,350,000: Provided, That these funds 
shall be available for the projects and in the amounts specified in the 
statement of the managers on the conference report accompanying this 
Act: Provided further, That each entity that receives funding under this 
heading shall submit to the Office of the Chief Financial Officer of the 
District of Columbia and the Committees on Appropriations of the House 
of Representatives and Senate a report on the activities carried out 
with such funds no later than March 15, 2004.

         Federal Payment for Emergency Personnel Cross Training

    For a Federal payment to the Emergency Management Agency, $500,000 
for activities related to the cross training of police officers, 
firefighters, emergency medical technicians, and other emergency 
personnel: Provided, That this funding shall not be obligated until the 
Agency submits a detailed cross training plan for the District's public 
safety workforce to the Committees on Appropriations of the House of 
Representatives and Senate.

[[Page 118 STAT. 117]]

                 Federal Payment for School Improvement

    For a Federal payment for a School Improvement Program in the 
District of Columbia, $40,000,000, to be allocated as follows: for the 
District of Columbia Public Schools, $13,000,000 to improve public 
school education in the District of Columbia, as specified in the 
statement of the managers on the conference report accompanying this 
Act; for the State Education Office, $13,000,000 to expand quality 
charter schools in the District of Columbia, as specified in the 
statement of the managers on the conference report accompanying this 
Act; for the Secretary of the Department of Education, $14,000,000 to 
provide opportunity scholarships for students in the District of 
Columbia in accordance with title III of this Act, of which up to 
$1,000,000 may be used to administer and fund assessments for title III 
of this Act: Provided, That the District of Columbia Public Schools 
shall submit a plan for the use of funds provided under this heading for 
public school education to the Committees on Appropriations of the House 
of Representatives and Senate, and the Committee on Education and the 
Workforce and the Committee on Government Reform of the House of 
Representatives, and the Committee on Health, Education, Labor, and 
Pensions of the Senate: Provided further, That the funds provided under 
this heading for public school education shall not be made available 
until 30 calendar days after the submission of a spending plan by the 
District of Columbia Public Schools to the Committees on Appropriations 
of the House of Representatives and Senate.

                  TITLE II--DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the general fund of the District of 
Columbia, except as otherwise specifically provided: Provided, That 
notwithstanding any other provision of law, except as provided in 
section 450A of the District of Columbia Home Rule Act (D.C. Official 
Code, sec. 1-204.50a) and section 417 and section 436 of this Act, the 
total amount appropriated in this Act for operating expenses for the 
District of Columbia for fiscal year 2004 under this heading shall not 
exceed the lesser of the sum of the total revenues of the District of 
Columbia for such fiscal year or $6,326,138,000 (of which $3,832,734,000 
shall be from local funds, $1,568,734,000 shall be from Federal grant 
funds, $910,904,000 shall be from other funds, and $13,766,000 shall be 
from private funds), in addition, $119,650,000 from funds previously 
appropriated in this Act as Federal payments: Provided further, That 
this amount may be increased by proceeds of one-time transactions, which 
are expended for emergency or unanticipated operating or capital needs: 
Provided further, That such increases shall be approved by enactment of 
local District law and shall comply with all reserve requirements 
contained in the District of Columbia Home Rule Act as amended by this 
Act: Provided further, That the Chief Financial Officer of the District 
of Columbia shall take such steps as are necessary to assure that the 
District of Columbia meets these requirements, including the 
apportioning by the Chief

[[Page 118 STAT. 118]]

Financial Officer of the appropriations and funds made available to the 
District during fiscal year 2004, except that the Chief Financial 
Officer may not reprogram for operating expenses any funds derived from 
bonds, notes, or other obligations issued for capital projects.

                   Governmental Direction and Support

    Governmental direction and support, $284,415,000 (including 
$206,825,000 from local funds, $57,440,000 from Federal grant funds, and 
$20,150,000 from other funds), in addition, $32,350,000 from funds 
previously appropriated in this Act under the heading ``Federal Payment 
to the Office of the Chief Financial Officer of the District of 
Columbia'', $11,000,000 from funds previously appropriated in this Act 
under the heading ``Federal Payment for Emergency Planning and Security 
Costs in the District of Columbia'', $2,000,000 from funds previously 
appropriated in this Act under the heading ``Federal Payment for a 
Family Literacy Program'', and $1,100,000 from funds previously 
appropriated in this Act under the heading ``Federal Payment for Foster 
Care Improvements in the District of Columbia'': Provided, That not to 
exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of 
the District of Columbia, $2,500 for the City Administrator, and $2,500 
for the Office of the Chief Financial Officer shall be available from 
this appropriation for official reception and representation expenses: 
Provided further, That any program fees collected from the issuance of 
debt shall be available for the payment of expenses of the debt 
management program of the District of Columbia: Provided further, That 
no revenues from Federal sources shall be used to support the operations 
or activities of the Statehood Commission and Statehood Compact 
Commission: Provided further, That the District of Columbia shall 
identify the sources of funding for Admission to Statehood from its own 
locally generated revenues: Provided further, That notwithstanding any 
other provision of law, or Mayor's Order 86-45, issued March 18, 1986, 
the Office of the Chief Technology Officer's delegated small purchase 
authority shall be $500,000: Provided further, That the District of 
Columbia government may not require the Office of the Chief Technology 
Officer to submit to any other procurement review process, or to obtain 
the approval of or be restricted in any manner by any official or 
employee of the District of Columbia government, for purchases that do 
not exceed $500,000: Provided further, That not to exceed $25,000, to 
remain available until expended, of the funds in the District of 
Columbia Antitrust Fund established pursuant to section 820 of the 
District of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; 
D.C. Official Code, sec. 2-308.20) is hereby made available for the use 
of the Office of the Corporation Counsel of the District of Columbia in 
accordance with the laws establishing this fund.

                   Economic Development and Regulation

    Economic development and regulation, $276,647,000 (including 
$53,336,000 from local funds, $91,077,000 from Federal grant funds, 
$132,109,000 from other funds, and $125,000 from private funds), of 
which $15,000,000 collected by the District of Columbia in the form of 
BID tax revenue shall be paid to the respective BIDs pursuant to the 
Business Improvement Districts Act of 1996 (D.C.

[[Page 118 STAT. 119]]

Law 11-134; D.C. Official Code, sec. 2-1215.01 et seq.), and the 
Business Improvement Districts Amendment Act of 1997 (D.C. Law 12-26; 
D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That such funds 
are available for acquiring services provided by the General Services 
Administration: Provided further, That Business Improvement Districts 
shall be exempt from taxes levied by the District of Columbia.

                        Public Safety and Justice

    Public safety and justice, $745,958,000 (including $716,715,000 from 
local funds, $10,290,000 from Federal grant funds, $18,944,000 from 
other funds, and $9,000 from private funds), in addition, $1,300,000 
from funds previously appropriated in this Act under the heading 
``Federal Payment to the Criminal Justice Coordinating Council'' and 
$500,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment for Emergency Personnel Cross Training'': 
Provided, That not to exceed $500,000 shall be available from this 
appropriation for the Chief of Police for the prevention and detection 
of crime: Provided further, That the Mayor shall reimburse the District 
of Columbia National Guard for expenses incurred in connection with 
services that are performed in emergencies by the National Guard in a 
militia status and are requested by the Mayor, in amounts that shall be 
jointly determined and certified as due and payable for these services 
by the Mayor and the Commanding General of the District of Columbia 
National Guard: Provided further, That such sums as may be necessary for 
reimbursement to the District of Columbia National Guard under the 
preceding proviso shall be available from this appropriation, and the 
availability of the sums shall be deemed as constituting payment in 
advance for emergency services involved.

                         Public Education System

    Public education system, including the development of national 
defense education programs, $1,157,841,000 (including $962,941,000 from 
local funds, $156,708,000 from Federal grant funds, $27,074,000 from 
other funds, $4,302,000 from private funds, and not to exceed 
$6,816,000, to remain available until expended, from the Medicaid and 
Special Education Reform Fund established pursuant to the Medicaid and 
Special Education Reform Fund Establishment Act of 2002 (D.C. Law 14-
190; D.C. Official Code 4-204.51 et seq.)), in addition, $17,000,000 
from funds previously appropriated in this Act under the heading 
``Federal Payment for Resident Tuition Support'', $4,500,000 from funds 
previously appropriated in this Act under the heading ``Federal Payment 
for Public School Facilities'', and $26,000,000 from funds previously 
appropriated in this Act under the heading ``Federal Payment for School 
Improvement in the District of Columbia'' to be allocated as follows:
            (1) District of columbia public schools.--$870,135,000 
        (including $738,444,000 from local funds, $114,749,000 from 
        Federal grant funds, $6,527,000 from other funds, $3,599,000 
        from private funds, and not to exceed $6,816,000, to remain 
        available until expended, from the Medicaid and Special 
        Education Reform Fund established pursuant to the Medicaid and 
        Special Education Reform Fund Establishment Act of 2002

[[Page 118 STAT. 120]]

        (D.C. Law 14-190; D.C. Official Code 4-204.51 et seq.)), in 
        addition, $4,500,000 from funds previously appropriated in this 
        Act under the heading ``Federal Payment for Public School 
        Facilities'' and $13,000,000 from funds previously appropriated 
        in this Act under the heading ``Federal Payment for School 
        Improvement in the District of Columbia'' shall be available for 
        District of Columbia Public Schools: Provided, That 
        notwithstanding any other provision of law, rule, or regulation, 
        the evaluation process and instruments for evaluating District 
        of Columbia Public School employees shall be a non-negotiable 
        item for collective bargaining purposes: Provided further, That 
        this appropriation shall not be available to subsidize the 
        education of any nonresident of the District of Columbia at any 
        District of Columbia public elementary or secondary school 
        during fiscal year 2004 unless the nonresident pays tuition to 
        the District of Columbia at a rate that covers 100 percent of 
        the costs incurred by the District of Columbia that are 
        attributable to the education of the nonresident (as established 
        by the Superintendent of the District of Columbia Public 
        Schools): Provided further, That notwithstanding the amounts 
        otherwise provided under this heading or any other provision of 
        law, there shall be appropriated to the District of Columbia 
        Public Schools on July 1, 2004, an amount equal to 10 percent of 
        the total amount provided for the District of Columbia Public 
        Schools in the proposed budget of the District of Columbia for 
        fiscal year 2005 (as submitted to Congress), and the amount of 
        such payment shall be chargeable against the final amount 
        provided for the District of Columbia Public Schools under the 
        District of Columbia Appropriations Act, 2005: Provided further, 
        That not to exceed $2,500 for the Superintendent of Schools 
        shall be available from this appropriation for official 
        reception and representation expenses: Provided further, That 
        the District of Columbia Public Schools shall submit to the 
        Board of Education by January 1 and July 1 of each year a 
        Schedule A showing all the current funded positions of the 
        District of Columbia Public Schools, their compensation levels, 
        and indicating whether the positions are encumbered: Provided 
        further, That the Board of Education shall approve or disapprove 
        each Schedule A within 30 days of its submission and provide the 
        Council of the District of Columbia a copy of the Schedule A 
        upon its approval.
            (2) State education office.--$38,752,000 (including 
        $9,959,000 from local funds, $28,617,000 from Federal grant 
        funds, and $176,000 from other funds), in addition, $17,000,000 
        from funds previously appropriated in this Act under the heading 
        ``Federal Payment for Resident Tuition Support'' and $13,000,000 
        from funds previously appropriated in this Act under the heading 
        ``Federal Payment for School Improvement in the District of 
        Columbia'' shall be available for the State Education Office: 
        Provided, That of the amounts provided to the State Education 
        Office, $500,000 from local funds shall remain available until 
        June 30, 2005 for an audit of the student enrollment of each 
        District of Columbia Public School and of each District of 
        Columbia public charter school.
            (3) District of columbia public charter schools.--
        $137,531,000 from local funds shall be available for District of 
        Columbia public charter schools: Provided, That there shall

[[Page 118 STAT. 121]]

        be quarterly disbursement of funds to the District of Columbia 
        public charter schools, with the first payment to occur within 
        15 days of the beginning of the fiscal year: Provided further, 
        That if the entirety of this allocation has not been provided as 
        payments to any public charter schools currently in operation 
        through the per pupil funding formula, the funds shall be 
        available as follows: (A) the first $3,000,000 shall be 
        deposited in the Credit Enhancement Revolving Fund established 
        pursuant to section 603(e) of the Student Loan Marketing 
        Association Reorganization Act of 1996 (Public Law 104-208; 110 
        Stat. 3009; 20 U.S.C. 1155(e)); and (B) the balance shall be for 
        public education in accordance with section 2403(b)(2) of the 
        District of Columbia School Reform Act of 1995 (D.C. Official 
        Code, sec. 38-1804.03(b)(2)): Provided further, That of the 
        amounts made available to District of Columbia public charter 
        schools, $25,000 shall be made available to the Office of the 
        Chief Financial Officer as authorized by section 2403(b)(6) of 
        the District of Columbia School Reform Act of 1995 (D.C. 
        Official Code, sec. 38-1804.03(b)(6)): Provided further, That 
        $660,000 of this amount shall be available to the District of 
        Columbia Public Charter School Board for administrative costs: 
        Provided further, That notwithstanding the amounts otherwise 
        provided under this heading or any other provision of law, there 
        shall be appropriated to the District of Columbia public charter 
        schools on July 1, 2004, an amount equal to 25 percent of the 
        total amount provided for payments to public charter schools in 
        the proposed budget of the District of Columbia for fiscal year 
        2005 (as submitted to Congress), and the amount of such payment 
        shall be chargeable against the final amount provided for such 
        payments under the District of Columbia Appropriations Act, 
        2005.
            (4) University of the district of columbia.--$80,660,000 
        (including $48,656,000 from local funds, $11,867,000 from 
        Federal grant funds, $19,434,000 from other funds, and $703,000 
        from private funds) shall be available for the University of the 
        District of Columbia: Provided, That this appropriation shall 
        not be available to subsidize the education of nonresidents of 
        the District of Columbia at the University of the District of 
        Columbia, unless the Board of Trustees of the University of the 
        District of Columbia adopts, for the fiscal year ending 
        September 30, 2004, a tuition rate schedule that will establish 
        the tuition rate for nonresident students at a level no lower 
        than the nonresident tuition rate charged at comparable public 
        institutions of higher education in the metropolitan area: 
        Provided further, That notwithstanding the amounts otherwise 
        provided under this heading or any other provision of law, there 
        shall be appropriated to the University of the District of 
        Columbia on July 1, 2004, an amount equal to 10 percent of the 
        total amount provided for the University of the District of 
        Columbia in the proposed budget of the District of Columbia for 
        fiscal year 2005 (as submitted to Congress), and the amount of 
        such payment shall be chargeable against the final amount 
        provided for the University of the District of Columbia under 
        the District of Columbia Appropriations Act, 2005: Provided 
        further, That not to exceed $2,500 for the President of the 
        University of the District of Columbia

[[Page 118 STAT. 122]]

        shall be available from this appropriation for official 
        reception and representation expenses.
            (5) District of columbia public libraries.--$28,287,000 
        (including $26,750,000 from local funds, $1,000,000 from Federal 
        grant funds, and $537,000 from other funds) shall be available 
        for the District of Columbia Public Libraries: Provided, That 
        not to exceed $2,000 for the Public Librarian shall be available 
        from this appropriation for official reception and 
        representation expenses.
            (6) Commission on the arts and humanities.--$2,476,000 
        (including $1,601,000 from local funds, $475,000 from Federal 
        grant funds, and $400,000 from other funds) shall be available 
        for the Commission on the Arts and Humanities.

                         Human Support Services

    Human support services, $2,360,067,000 (including $1,030,223,000 
from local funds, $1,247,945,000 from Federal grant funds, $24,330,000 
from other funds, $9,330,000 from private funds, and $48,239,000, to 
remain available until expended, from the Medicaid and Special Education 
Reform Fund established pursuant to the Medicaid and Special Education 
Reform Fund Establishment Act of 2002 (D.C. Law 14-190; D.C. Official 
Code 4-204.51 et seq.)), in addition, $7,500,000 from funds previously 
appropriated in this Act under the heading ``Federal Payment for 
Hospital Bioterrorism Preparedness in the District of Columbia'' and 
$12,900,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment to Foster Care Improvements in the District of 
Columbia'': Provided, That the funds available from the Medicaid and 
Special Education Reform Fund are allocated as follows: not more than 
$18,744,000 for Child and Family Services, not more than $7,795,000 for 
the Department of Human Services, and not more than $21,700,000 for the 
Department of Mental Health: Provided further, That $27,959,000 of this 
appropriation, to remain available until expended, shall be available 
solely for District of Columbia employees' disability compensation: 
Provided further, That $7,500,000 of this appropriation, to remain 
available until expended, shall be deposited in the Addiction Recovery 
Fund, established pursuant to section 5 of the Choice in Drug Treatment 
Act of 2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3004) and used 
exclusively for the purpose of the Drug Treatment Choice Program 
established pursuant to section 4 of the Choice in Drug Treatment Act of 
2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3003): Provided 
further, That no less than $2,000,000 of this appropriation shall be 
available exclusively for the purpose of funding the pilot substance 
abuse program for youth ages 14 through 21 years established pursuant to 
section 4212 of the Pilot Substance Abuse Program for Youth Act of 2001 
(D.C. Law 14-28; D.C. Official Code, sec. 7-3101): Provided further, 
That $4,500,000 of this appropriation, to remain available until 
expended, shall be deposited in the Interim Disability Assistance Fund 
established pursuant to section 201 of the District of Columbia Public 
Assistance Act of 1982 (D.C. Law 4-101; D.C. Official Code, sec. 4-
202.01), to be used exclusively for the Interim Disability Assistance 
program and the purposes for that program set forth in section 407 of 
the District of Columbia Public Assistance Act of 1982

[[Page 118 STAT. 123]]

(D.C. Law 13-252; D.C. Official Code, sec. 4-204.07): Provided further, 
That not less than $640,531 of this appropriation shall be available 
exclusively for the purpose of funding the Burial Assistance Program 
established by section 1802 of the Burial Assistance Program 
Reestablishment Act of 1999 (D.C. Law 13-38; D.C. Official Code, sec. 4-
1001).

                              Public Works

    Public works, including rental of one passenger-carrying vehicle for 
use by the Mayor and three passenger-carrying vehicles for use by the 
Council of the District of Columbia and leasing of passenger-carrying 
vehicles, $327,046,000 (including $308,028,000 from local funds, 
$5,274,000 from Federal grant funds, and $13,744,000 from other funds), 
in addition, $3,500,000 from funds previously appropriated in this Act 
under the heading ``Federal Payment for Transportation Assistance'': 
Provided, That this appropriation shall not be available for collecting 
ashes or miscellaneous refuse from hotels and places of business.

                              Cash Reserve

    For the cumulative cash reserve established pursuant to section 
202(j)(2) of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995 (D.C. Official Code, sec. 47-
392.02(j)(2)), $50,000,000 from local funds.

                 Emergency and Contingency Reserve Funds

    For the emergency reserve fund and the contingency reserve fund 
under section 450A of the District of Columbia Home Rule Act (D.C. 
Official Code, sec. 1-204.50a), such amounts from local funds as are 
necessary to meet the balance requirements for such funds under such 
section.

                     Repayment of Loans and Interest

    For payment of principal, interest, and certain fees directly 
resulting from borrowing by the District of Columbia to fund District of 
Columbia capital projects as authorized by sections 462, 475, and 490 of 
the District of Columbia Home Rule Act (D.C. Official Code, secs. 1-
204.62, 1-204.75, and 1-204.90), $311,504,000 from local funds: 
Provided, That for equipment leases, the Mayor may finance $14,300,000 
of equipment cost, plus cost of issuance not to exceed 2 percent of the 
par amount being financed on a lease purchase basis with a maturity not 
to exceed 5 years.

               Payment of Interest on Short-Term Borrowing

    For payment of interest on short-term borrowing, $3,000,000 from 
local funds.

                      Certificates of Participation

    For principal and interest payments on the District's Certificates 
of Participation, issued to finance the ground lease underlying the 
building located at One Judiciary Square, $4,911,000 from local funds.

[[Page 118 STAT. 124]]

                        Settlements and Judgments

    For making refunds and for the payment of legal settlements or 
judgments that have been entered against the District of Columbia 
government, $22,522,000 from local funds: Provided, That this 
appropriation shall not be construed as modifying or affecting the 
provisions of section 103 of this Act.

                             Wilson Building

    For expenses associated with the John A. Wilson building, $3,704,000 
from local funds.

                          Workforce Investments

    For workforce investments, $22,308,000 from local funds, to be 
transferred by the Mayor of the District of Columbia within the various 
appropriation headings in this Act for which employees are properly 
payable.

                         Non-Departmental Agency

    To account for anticipated costs that cannot be allocated to 
specific agencies during the development of the proposed budget, 
$19,639,000 (including $11,455,000 from local funds and $8,184,000 from 
other funds) to be transferred by the Mayor of the District of Columbia 
within the various appropriations headings in this Act: Provided, That 
$11,455,000 from local funds shall be for anticipated costs associated 
with the No Child Left Behind Act.

                          Pay-As-You-Go Capital

    For Pay-As-You-Go Capital funds in lieu of capital financing, 
$11,267,000 from local funds, to be transferred to the Capital Fund, 
subject to the Criteria for Spending Pay-as-You-Go Funding Amendment Act 
of 2003 (D.C. Act 15-106): Provided, That pursuant to this Act, there 
are authorized to be transferred from Pay-As-You-Go Capital funds to 
other headings of this Act, such sums as may be necessary to carry out 
the purposes of this Act.

                     Tax Increment Financing Program

    For a Tax Increment Financing Program, $1,940,000 from local funds.

                          Medicaid Disallowance

    For making refunds associated with disallowed Medicaid funding, an 
amount not to exceed $57,000,000 in local funds, to remain available 
until expended: Provided, That funds are derived from a transfer from 
the funds identified in the fiscal year 2002 comprehensive annual 
financial report as the District of Columbia's Grants Disallowance 
balance.

[[Page 118 STAT. 125]]

                       ENTERPRISE AND OTHER FUNDS

                        Water and Sewer Authority

    For operation of the Water and Sewer Authority, $259,095,000 from 
other funds, of which $18,692,000 shall be apportioned for repayment of 
loans and interest incurred for capital improvement projects and payable 
to the District's debt service fund.
    For construction projects, $229,807,000, to be distributed as 
follows: $99,449,000 for the Blue Plains Wastewater Treatment Plant, 
$16,739,000 for the sewer program, $72,047,000 for the combined sewer 
program, $5,993,000 for the stormwater program, $24,431,000 for the 
water program, and $11,148,000 for the capital equipment program; in 
addition, $30,000,000 from funds previously appropriated in this Act 
under the heading ``Federal Payment to the District of Columbia Water 
and Sewer Authority'': Provided, That the requirements and restrictions 
that are applicable to general fund capital improvement projects and set 
forth in this Act under the Capital Outlay appropriation account shall 
apply to projects approved under this appropriation account.

                           Washington Aqueduct

    For operation of the Washington Aqueduct, $55,553,000 from other 
funds.

              Stormwater Permit Compliance Enterprise Fund

     For operation of the Stormwater Permit Compliance Enterprise Fund, 
$3,501,000 from other funds.

              Lottery and Charitable Games Enterprise Fund

    For the Lottery and Charitable Games Enterprise Fund, established by 
the District of Columbia Appropriation Act, 1982, for the purpose of 
implementing the Law to Legalize Lotteries, Daily Numbers Games, and 
Bingo and Raffles for Charitable Purposes in the District of Columbia 
(D.C. Law 3-172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-
1716 et seq.), $242,755,000 from other funds: Provided, That the 
District of Columbia shall identify the source of funding for this 
appropriation title from the District's own locally generated revenues: 
Provided further, That no revenues from Federal sources shall be used to 
support the operations or activities of the Lottery and Charitable Games 
Control Board.

                   Sports and Entertainment Commission

    For the Sports and Entertainment Commission, $13,979,000 from local 
funds.

                  District of Columbia Retirement Board

    For the District of Columbia Retirement Board, established pursuant 
to section 121 of the District of Columbia Retirement Reform Act of 1979 
(D.C. Official Code, sec. 1-711), $13,895,000 from the earnings of the 
applicable retirement funds to pay legal, management, investment, and 
other fees and administrative expenses of the District of Columbia 
Retirement Board: Provided, That the District of Columbia Retirement 
Board shall provide to

[[Page 118 STAT. 126]]

the Congress and to the Council of the District of Columbia a quarterly 
report of the allocations of charges by fund and of expenditures of all 
funds: Provided further, That the District of Columbia Retirement Board 
shall provide the Mayor, for transmittal to the Council of the District 
of Columbia, an itemized accounting of the planned use of appropriated 
funds in time for each annual budget submission and the actual use of 
such funds in time for each annual audited financial report.

              Washington Convention Center Enterprise Fund

    For the Washington Convention Center Enterprise Fund, $69,742,000 
from other funds.

               National Capital Revitalization Corporation

    For the National Capital Revitalization Corporation, $7,849,000 from 
other funds.

                             Capital Outlay

    For construction projects, an increase of $1,004,796,000, of which 
$601,708,000 shall be from local funds, $46,014,000 from Highway Trust 
funds, $38,311,000 from the Rights-of-way funds, $218,880,000 from 
Federal grant funds, and a rescission of $99,884,000 from local funds 
appropriated under this heading in prior fiscal years, for a net amount 
of $904,913,000, to remain available until expended; in addition, 
$8,150,000 from funds previously appropriated in this Act under the 
heading ``Federal Payment for Capital Development in the District of 
Columbia'' and $5,000,000 from funds previously appropriated in this Act 
under the heading ``Federal Payment for the Anacostia Waterfront 
Initiative'': Provided, That funds for use of each capital project 
implementing agency shall be managed and controlled in accordance with 
all procedures and limitations established under the Financial 
Management System: Provided further, That all funds provided by this 
appropriation title shall be available only for the specific projects 
and purposes intended.

 TITLE III--DC <<NOTE: DC School Choice Incentive Act of 2003.>> SCHOOL 
CHOICE INCENTIVE ACT OF 2003

SEC. 301. SHORT TITLE.

    This title may be cited as the ``DC School Choice Incentive Act of 
2003''.

SEC. 302. FINDINGS.

    The Congress finds the following:
            (1) Parents are best equipped to make decisions for their 
        children, including the educational setting that will best serve 
        the interests and educational needs of their child.
            (2) For many parents in the District of Columbia, public 
        school choice provided for under the No Child Left Behind Act of 
        2001 as well as under other public school choice programs, is 
        inadequate due to capacity constraints. Available

[[Page 118 STAT. 127]]

        educational alternatives to the public schools are insufficient 
        and more educational options are needed. In particular, funds 
        are needed to assist low-income parents to exercise choice among 
        enhanced public opportunities and private educational 
        environments, whether religious or nonreligious. Therefore, in 
        keeping with the spirit of the No Child Left Behind Act of 2001, 
        school choice options, in addition to those already available to 
        parents in the District of Columbia (such as magnet and charter 
        schools and open enrollment schools) should be made available to 
        those parents.
            (3) In the most recent mathematics assessment on the 
        National Assessment of Educational Progress (NAEP), administered 
        in 2000, a lower percentage of 4th-grade students in the 
        District of Columbia demonstrated proficiency than was the case 
        for any State. Seventy-six percent of the District of Columbia 
        fourth-graders scored at the ``below basic'' level and of the 
        8th-grade students in the District of Columbia, only 6 percent 
        of the students tested at the proficient or advanced levels, and 
        77 percent were below basic. In the most recent NAEP reading 
        assessment, in 1998, only 10 percent of the District of Columbia 
        fourth-graders could read proficiently, while 72 percent were 
        below basic. At the 8th-grade level, 12 percent were proficient 
        or advanced and 56 percent were below basic.
            (4) A program enacted for the valid secular purpose of 
        providing educational assistance to low-income children in a 
        demonstrably failing public school system is constitutional 
        under Zelman v. Simmons-Harris, 536 U.S. 639 (2002), if it is 
        neutral with respect to religion and provides assistance to a 
        broad class of citizens who direct government aid to religious 
        and secular schools solely as a result of their genuine and 
        independent private choices.
            (5) The Mayor of the District of Columbia, the Chairman of 
        the Education Committee of the City Council of the District of 
        Columbia, and the President of the District of Columbia Board of 
        Education support this title.
            (6) This title provides additional money for the District of 
        Columbia public schools and therefore money for scholarships is 
        not being taken out of money that would otherwise go to the 
        District of Columbia public schools.
            (7) This title creates a 5-year program tailored to the 
        current needs and particular circumstances of low-income 
        children in District of Columbia schools. This title does not 
        establish parameters or requirements for other school choice 
        programs.

SEC. 303. PURPOSE.

    The purpose of this title is to provide low-income parents residing 
in the District of Columbia, particularly parents of students who attend 
elementary schools or secondary schools identified for improvement, 
corrective action, or restructuring under section 1116 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6316), with expanded 
opportunities for enrolling their children in higher-performing schools 
in the District of Columbia.

SEC. 304. GENERAL AUTHORITY.

    (a) Authority.--From funds appropriated to carry out this title, the 
Secretary shall award grants on a competitive basis to

[[Page 118 STAT. 128]]

eligible entities with approved applications under section 305 to carry 
out activities to provide eligible students with expanded school choice 
opportunities. The Secretary may award a single grant or multiple 
grants, depending on the quality of applications submitted and the 
priorities of this title.
    (b) Duration of Grants.--The Secretary may make grants under this 
section for a period of not more than 5 years.
    (c) Memorandum of Understanding.--The Secretary and the Mayor of the 
District of Columbia shall enter into a memorandum of understanding, as 
described in the statement of the managers, regarding the design of, 
selection of eligible entities to receive grants under, and 
implementation of, a program assisted under this title.

SEC. 305. APPLICATIONS.

    (a) In General.--In order to receive a grant under this title, an 
eligible entity shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require.
    (b) Contents.--The Secretary may not approve the request of an 
eligible entity for a grant under this title unless the entity's 
application includes--
            (1) a detailed description of--
                    (A) how the entity will address the priorities 
                described in section 306;
                    (B) how the entity will ensure that if more eligible 
                students seek admission in the program than the program 
                can accommodate, eligible students are selected for 
                admission through a random selection process which gives 
                weight to the priorities described in section 306;
                    (C) how the entity will ensure that if more 
                participating eligible students seek admission to a 
                participating school than the school can accommodate, 
                participating eligible students are selected for 
                admission through a random selection process;
                    (D) how the entity will notify parents of eligible 
                students of the expanded choice opportunities and how 
                the entity will ensure that parents receive sufficient 
                information about their options to allow the parents to 
                make informed decisions;
                    (E) the activities that the entity will carry out to 
                provide parents of eligible students with expanded 
                choice opportunities through the awarding of 
                scholarships under section 307(a);
                    (F) how the entity will determine the amount that 
                will be provided to parents for the tuition, fees, and 
                transportation expenses, if any;
                    (G) how the entity will seek out private elementary 
                schools and secondary schools in the District of 
                Columbia to participate in the program, and will ensure 
                that participating schools will meet the applicable 
                requirements of this title and provide the information 
                needed for the entity to meet the reporting requirements 
                of this title;
                    (H) how the entity will ensure that participating 
                schools are financially responsible and will use the 
                funds received under this title effectively;

[[Page 118 STAT. 129]]

                    (I) how the entity will address the renewal of 
                scholarships to participating eligible students, 
                including continued eligibility; and
                    (J) how the entity will ensure that a majority of 
                its voting board members or governing organization are 
                residents of the District of Columbia; and
            (2) an assurance that the entity will comply with all 
        requests regarding any evaluation carried out under section 309.

SEC. 306. PRIORITIES.

    In awarding grants under this title, the Secretary shall give 
priority to applications from eligible entities who will most 
effectively--
            (1) give priority to eligible students who, in the school 
        year preceding the school year for which the eligible student is 
        seeking a scholarship, attended an elementary school or 
        secondary school identified for improvement, corrective action, 
        or restructuring under section 1116 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316);
            (2) target resources to students and families that lack the 
        financial resources to take advantage of available educational 
        options; and
            (3) provide students and families with the widest range of 
        educational options.

SEC. 307. USE OF FUNDS.

    (a) Scholarships.--
            (1) In general.--Subject to paragraphs (2) and (3), a 
        grantee shall use the grant funds to provide eligible students 
        with scholarships to pay the tuition, fees, and transportation 
        expenses, if any, to enable them to attend the District of 
        Columbia private elementary school or secondary school of their 
        choice. Each grantee shall ensure that the amount of any tuition 
        or fees charged by a school participating in the grantee's 
        program under this title to an eligible student participating in 
        the program does not exceed the amount of tuition or fees that 
        the school customarily charges to students who do not 
        participate in the program.
            (2) Payments to parents.--A grantee shall make scholarship 
        payments under the program under this title to the parent of the 
        eligible student participating in the program, in a manner which 
        ensures that such payments will be used for the payment of 
        tuition, fees, and transportation expenses (if any), in 
        accordance with this title.
            (3) Amount of assistance.--
                    (A) Varying amounts permitted.--Subject to the other 
                requirements of this section, a grantee may award 
                scholarships in larger amounts to those eligible 
                students with the greatest need.
                    (B) Annual limit on amount.--The amount of 
                assistance provided to any eligible student by a grantee 
                under a program under this title may not exceed $7,500 
                for any academic year.
            (4) Continuation of scholarships.--Notwithstanding section 
        312(3)(B), an eligible entity receiving a grant under this title 
        may award a scholarship, for the second or any

[[Page 118 STAT. 130]]

        succeeding year of an eligible student's participation in a 
        program under this title, to a student who comes from a 
        household whose income does not exceed 200 percent of the 
        poverty line.

    (b) Administrative Expenses.--A grantee may use not more than 3 
percent of the amount provided under the grant each year for the 
administrative expenses of carrying out its program under this title 
during the year, including--
            (1) determining the eligibility of students to participate;
            (2) providing information about the program and the schools 
        involved to parents of eligible students;
            (3) selecting students to receive scholarships;
            (4) determining the amount of scholarships and issuing the 
        scholarships to eligible students;
            (5) compiling and maintaining financial and programmatic 
        records; and
            (6) providing funds to assist parents in meeting expenses 
        that might otherwise preclude the participation of their child 
        in the program.

SEC. 308. NONDISCRIMINATION.

    (a) In General.--An eligible entity or a school participating in any 
program under this title shall not discriminate against program 
participants or applicants on the basis of race, color, national origin, 
religion, or sex.
    (b) Applicability and Single Sex Schools, Classes, or Activities.--
            (1) In general.--Notwithstanding any other provision of law, 
        the prohibition of sex discrimination in subsection (a) shall 
        not apply to a participating school that is operated by, 
        supervised by, controlled by, or connected to a religious 
        organization to the extent that the application of subsection 
        (a) is inconsistent with the religious tenets or beliefs of the 
        school.
            (2) Single sex schools, classes, or activities.--
        Notwithstanding subsection (a) or any other provision of law, a 
        parent may choose and a school may offer a single sex school, 
        class, or activity.
            (3) Applicability.--For purposes of this title, the 
        provisions of section 909 of the Education Amendments of 1972 
        (20 U.S.C. 1688) shall apply to this title as if section 909 of 
        the Education Amendments of 1972 (20 U.S.C. 1688) were part of 
        this title.

    (c) Children With Disabilities.--Nothing in this title may be 
construed to alter or modify the provisions of the Individuals with 
Disabilities Education Act.
    (d) Religiously Affiliated Schools.--
            (1) In general.--Notwithstanding any other provision of law, 
        a school participating in any program under this title that is 
        operated by, supervised by, controlled by, or connected to, a 
        religious organization may exercise its right in matters of 
        employment consistent with title VII of the Civil Rights Act of 
        1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in 
        such title.
            (2) Maintenance of purpose.--Notwithstanding any other 
        provision of law, funds made available under this title to 
        eligible students that are received by a participating school, 
        as a result of their parents' choice, shall not, consistent with 
        the first

[[Page 118 STAT. 131]]

        amendment of the United States Constitution, necessitate any 
        change in the participating school's teaching mission, require 
        any participating school to remove religious art, icons, 
        scriptures, or other symbols, or preclude any participating 
        school from retaining religious terms in its name, selecting its 
        board members on a religious basis, or including religious 
        references in its mission statements and other chartering or 
        governing documents.

    (e) Rule of Construction.--A scholarship (or any other form of 
support provided to parents of eligible students) under this title shall 
be considered assistance to the student and shall not be considered 
assistance to the school that enrolls the eligible student. The amount 
of any scholarship (or other form of support provided to parents of an 
eligible student) under this title shall not be treated as income of the 
parents for purposes of Federal tax laws or for determining eligibility 
for any other Federal program.

SEC. 309. EVALUATIONS.

    (a) In General.--
            (1) Duties of the secretary and the mayor.--The Secretary 
        and the Mayor of the District of Columbia shall jointly select 
        an independent entity to evaluate annually the performance of 
        students who received scholarships under the 5-year program 
        under this title, and shall make the evaluations public in 
        accordance with subsection (c).
            (2) Duties of the secretary.--The Secretary, through a 
        grant, contract, or cooperative agreement, shall--
                    (A) ensure that the evaluation is conducted using 
                the strongest possible research design for determining 
                the effectiveness of the programs funded under this 
                title that addresses the issues described in paragraph 
                (4); and
                    (B) disseminate information on the impact of the 
                programs in increasing the student academic achievement 
                of participating students, and on the impact of the 
                programs on students and schools in the District of 
                Columbia.
            (3) Duties of the independent entity.--The independent 
        entity shall--
                    (A) measure the academic achievement of all 
                participating eligible students;
                    (B) use the same grade appropriate measurement every 
                school year to assess participating eligible students as 
                the measurement used by the District of Columbia Public 
                Schools to assess District of Columbia Public School 
                students in the first year of the program; and
                    (C) work with the eligible entities to ensure that 
                the parents of each student who applies for a 
                scholarship under this title (regardless of whether the 
                student receives the scholarship) and the parents of 
                each student participating in the scholarship program 
                under this title, agree that the student will 
                participate in the measurements given annually by the 
                independent entity for the period for which the student 
                applied for or received the scholarship, respectively.
            (4) Issues to be evaluated.--The issues to be evaluated 
        include the following:

[[Page 118 STAT. 132]]

                    (A) A comparison of the academic achievement of 
                participating eligible students in the measurements 
                described in this section to the achievement of--
                          (i) students in the same grades in the 
                      District of Columbia public schools; and
                          (ii) the eligible students in the same grades 
                      in the District of Columbia public schools who 
                      sought to participate in the scholarship program 
                      but were not selected.
                    (B) The success of the programs in expanding choice 
                options for parents.
                    (C) The reasons parents choose for their children to 
                participate in the programs.
                    (D) A comparison of the retention rates, dropout 
                rates, and (if appropriate) graduation and college 
                admission rates, of students who participate in the 
                programs funded under this title with the retention 
                rates, dropout rates, and (if appropriate) graduation 
                and college admission rates of students of similar 
                backgrounds who do not participate in such programs.
                    (E) The impact of the program on students, and 
                public elementary schools and secondary schools, in the 
                District of Columbia.
                    (F) A comparison of the safety of the schools 
                attended by students who participate in the programs and 
                the schools attended by students who do not participate 
                in the programs.
                    (G) Such other issues as the Secretary considers 
                appropriate for inclusion in the evaluation.
            (5) Prohibition.--Personally identifiable information 
        regarding the results of the measurements used for the 
        evaluations may not be disclosed, except to the parents of the 
        student to whom the information relates.

    (b) Reports.--The <<NOTE: Deadlines.>> Secretary shall submit to the 
Committees on Appropriations, Education and the Workforce, and 
Government Reform of the House of Representatives and the Committees on 
Appropriations, Health, Education, Labor, and Pensions, and Governmental 
Affairs of the Senate--
            (1) annual interim reports, not later than December 1 of 
        each year for which a grant is made under this title, on the 
        progress and preliminary results of the evaluation of the 
        programs funded under this title; and
            (2) a final report, not later than 1 year after the final 
        year for which a grant is made under this title, on the results 
        of the evaluation of the programs funded under this title.

    (c) Public Availability.--All reports and underlying data gathered 
pursuant to this section shall be made available to the public upon 
request, in a timely manner following submission of the applicable 
report under subsection (b), except that personally identifiable 
information shall not be disclosed or made available to the public.
    (d) Limit on Amount Expended.--The amount expended by the Secretary 
to carry out this section for any fiscal year may not exceed 3 percent 
of the total amount appropriated to carry out this title for the fiscal 
year.

[[Page 118 STAT. 133]]

SEC. 310. REPORTING REQUIREMENTS.

    (a) Activities Reports.--Each grantee receiving funds under this 
title during a year shall submit a report to the Secretary not later 
than July 30 of the following year regarding the activities carried out 
with the funds during the preceding year.
    (b) Achievement Reports.--
            (1) In general.--In addition to the reports required under 
        subsection (a), each grantee shall, not later than September 1 
        of the year during which the second academic year of the 
        grantee's program is completed and each of the next 2 years 
        thereafter, submit a report to the Secretary regarding the data 
        collected in the previous 2 academic years concerning--
                    (A) the academic achievement of students 
                participating in the program;
                    (B) the graduation and college admission rates of 
                students who participate in the program, where 
                appropriate; and
                    (C) parental satisfaction with the program.
            (2) Prohibiting disclosure of personal information.--No 
        report under this subsection may contain any personally 
        identifiable information.

    (c) Reports to Parent.--
            (1) In general.--Each grantee shall ensure that each school 
        participating in the grantee's program under this title during a 
        year reports at least once during the year to the parents of 
        each of the school's students who are participating in the 
        program on--
                    (A) the student's academic achievement, as measured 
                by a comparison with the aggregate academic achievement 
                of other participating students at the student's school 
                in the same grade or level, as appropriate, and the 
                aggregate academic achievement of the student's peers at 
                the student's school in the same grade or level, as 
                appropriate; and
                    (B) the safety of the school, including the 
                incidence of school violence, student suspensions, and 
                student expulsions.
            (2) Prohibiting disclosure of personal information.--No 
        report under this subsection may contain any personally 
        identifiable information, except as to the student who is the 
        subject of the report to that student's parent.

    (d) Report to Congress.--The Secretary shall submit to the 
Committees on Appropriations, Education and the Workforce, and 
Government Reform of the House of Representatives and the Committees on 
Appropriations, Health, Education, Labor, and Pensions, and Governmental 
Affairs of the Senate an annual report on the findings of the reports 
submitted under subsections (a) and (b).

SEC. 311. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

    (a) Requests for Data and Information.--Each school participating in 
a program funded under this title shall comply with all requests for 
data and information regarding evaluations conducted under section 
309(a).
    (b) Rules of Conduct and Other School Policies.--A participating 
school, including those described in section 308(d), may require 
eligible students to abide by any rules of conduct

[[Page 118 STAT. 134]]

and other requirements applicable to all other students at the school.

SEC. 312. DEFINITIONS.

    As used in this title:
            (1) Elementary school.--The term ``elementary school'' means 
        an institutional day or residential school, including a public 
        elementary charter school, that provides elementary education, 
        as determined under District of Columbia law.
            (2) Eligible entity.--The term ``eligible entity'' means any 
        of the following:
                    (A) An educational entity of the District of 
                Columbia Government.
                    (B) A nonprofit organization.
                    (C) A consortium of nonprofit organizations.
            (3) Eligible student.--The term ``eligible student'' means a 
        student who--
                    (A) is a resident of the District of Columbia; and
                    (B) comes from a household whose income does not 
                exceed 185 percent of the poverty line.
            (4) Parent.--The term ``parent'' has the meaning given that 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).
            (5) Poverty line.--The term ``poverty line'' has the meaning 
        given that term in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (6) Secondary school.--The term ``secondary school'' means 
        an institutional day or residential school, including a public 
        secondary charter school, as determined under District of 
        Columbia law, except that the term does not include any 
        education beyond grade 12.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
$14,000,000 for fiscal year 2004 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.

                      TITLE IV--GENERAL PROVISIONS

    Sec. 401. Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 402. Appropriations in this Act shall be available for expenses 
of travel and for the payment of dues of organizations concerned with 
the work of the District of Columbia government, when authorized by the 
Mayor: Provided, That in the case of the Council of the District of 
Columbia, funds may be expended with the authorization of the Chairman 
of the Council.
    Sec. 403. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government: Provided, That 
nothing contained in this section shall be construed as modifying or 
affecting the provisions of section

[[Page 118 STAT. 135]]

11(c)(3) of title XII of the District of Columbia Income and Franchise 
Tax Act of 1947 (D.C. Official Code, sec. 47-1812.11(c)(3)).
    Sec. 404. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly to provided herein.
    Sec. 405. No funds appropriated in this Act for the District of 
Columbia government for the operation of educational institutions, the 
compensation of personnel, or for other educational purposes may be used 
to permit, encourage, facilitate, or further partisan political 
activities. Nothing herein is intended to prohibit the availability of 
school buildings for the use of any community or partisan political 
group during non-school hours.
    Sec. 406. None of the funds appropriated in this Act shall be made 
available to pay the salary of any employee of the District of Columbia 
government whose name, title, grade, and salary are not available for 
inspection by the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Government Reform of the 
House of Representatives, the Committee on Governmental Affairs of the 
Senate, and the Council of the District of Columbia, or their duly 
authorized representative.
    Sec. 407. (a) Except as provided in subsection (b), no part of this 
appropriation shall be used for publicity or propaganda purposes or 
implementation of any policy including boycott designed to support or 
defeat legislation pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
Act to carry out lobbying activities on any matter other than--
            (1) the promotion or support of any boycott; or
            (2) statehood for the District of Columbia or voting 
        representation in Congress for the District of Columbia.

    (c) Nothing in this section may be construed to prohibit any elected 
official from advocating with respect to any of the issues referred to 
in subsection (b).
    Sec. 408. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2004, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously deferred 
        through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in excess 
        of $1,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,

[[Page 118 STAT. 136]]

unless the Committee on Appropriations of the House of Representatives 
and Senate are notified in writing 30 days in advance of the 
reprogramming.
    (b) None the local funds contained in this Act may be available for 
obligation or expenditure for an agency through a transfer of any local 
funds from one appropriation heading to another unless the Committees on 
Appropriations of the House of Representatives and Senate are notified 
in writing 30 days in advance of the transfer, except that in no event 
may the amount of any funds transferred exceed 4 percent of the local 
funds in the appropriations.
    Sec. 409. Consistent with the provisions of section 1301(a) of title 
31, United States Code, appropriations under this Act shall be applied 
only to the objects for which the appropriations were made except as 
otherwise provided by law.
    Sec. 410. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-601.01 
et seq.), enacted pursuant to section 422(3) of the District of Columbia 
Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall apply with 
respect to the compensation of District of Columbia employees: Provided, 
That for pay purposes, employees of the District of Columbia government 
shall not be subject to the provisions of title 5, United States Code.
    Sec. 411. <<NOTE: Deadline.>> No later than 30 days after the end of 
the first quarter of fiscal year 2004, the Mayor of the District of 
Columbia shall submit to the Council of the District of Columbia and the 
Committees on Appropriations of the House of Representatives and Senate 
the new fiscal year 2004 revenue estimates as of the end of such 
quarter. These estimates shall be used in the budget request for fiscal 
year 2005. The officially revised estimates at midyear shall be used for 
the midyear report.

    Sec. 412. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended without 
opening that contract to the competitive bidding process as set forth in 
section 303 of the District of Columbia Procurement Practices Act of 
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that the 
District of Columbia government or any agency thereof may renew or 
extend sole source contracts for which competition is not feasible or 
practical, but only if the determination as to whether to invoke the 
competitive bidding process has been made in accordance with duly 
promulgated rules and procedures and has been reviewed and certified by 
the Chief Financial Officer of the District of Columbia.
    Sec. 413. (a) In the event a sequestration order is issued pursuant 
to the Balanced Budget and Emergency Deficit Control Act of 1985 after 
the amounts appropriated to the District of Columbia for the fiscal year 
involved have been paid to the District of Columbia, the Mayor of the 
District of Columbia shall pay to the Secretary of the Treasury, within 
15 days after receipt of a request therefor from the Secretary of the 
Treasury, such amounts as are sequestered by the order: Provided, That 
the sequestration percentage specified in the order shall be applied 
proportionately to each of the Federal appropriation accounts in this 
Act that are not specifically exempted from sequestration by such Act.
    (b) For purposes of the Balanced Budget and Emergency Deficit 
Control Act of 1985, the term ``program, project, and activity'' shall

[[Page 118 STAT. 137]]

be synonymous with and refer specifically to each account appropriating 
Federal funds in this Act, and any sequestration order shall be applied 
to each of the accounts rather than to the aggregate total of those 
accounts: Provided, That sequestration orders shall not be applied to 
any account that is specifically exempted from sequestration by the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 414. None of the Federal funds provided in this Act may be used 
by the District of Columbia to provide for salaries, expenses, or other 
costs associated with the offices of United States Senator or United 
States Representative under section 4(d) of the District of Columbia 
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; 
D.C. Official Code, sec. 1-123).
    Sec. 415. <<NOTE: Abortions.>> None of the funds appropriated under 
this Act shall be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or where 
the pregnancy is the result of an act of rape or incest.

    Sec. 416. None of the Federal funds made available in this Act may 
be used to implement or enforce the Health Care Benefits Expansion Act 
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to 
otherwise implement or enforce any system of registration of unmarried, 
cohabiting couples, including but not limited to registration for the 
purpose of extending employment, health, or governmental benefits to 
such couples on the same basis that such benefits are extended to 
legally married couples.
    Sec. 417. (a) Notwithstanding any other provision of this Act, the 
Mayor, in consultation with the Chief Financial Officer of the District 
of Columbia may accept, obligate, and expend Federal, private, and other 
grants received by the District government that are not reflected in the 
amounts appropriated in this Act.
    (b)(1) No such Federal, private, or other grant may be accepted, 
obligated, or expended pursuant to subsection (a) until--
            (A) the Chief Financial Officer of the District of Columbia 
        submits to the Council a report setting forth detailed 
        information regarding such grant; and
            (B) the Council has reviewed and approved the acceptance, 
        obligation, and expenditure of such grant.

    (2) For purposes of paragraph (1)(B), the Council shall be deemed to 
have reviewed and approved the acceptance, obligation, and expenditure 
of a grant if--
            (A) no written notice of disapproval is filed with the 
        Secretary of the Council within 14 calendar days of the receipt 
        of the report from the Chief Financial Officer under paragraph 
        (1)(A); or
            (B) if such a notice of disapproval is filed within such 
        deadline, the Council does not by resolution disapprove the 
        acceptance, obligation, or expenditure of the grant within 30 
        calendar days of the initial receipt of the report from the 
        Chief Financial Officer under paragraph (1)(A).

    (c) No amount may be obligated or expended from the general fund or 
other funds of the District of Columbia government in anticipation of 
the approval or receipt of a grant under subsection (b)(2) or in 
anticipation of the approval or receipt of a Federal, private, or other 
grant not subject to such subsection.
    (d) The Chief Financial Officer of the District of Columbia shall 
prepare a quarterly report setting forth detailed information regarding 
all Federal, private, and other grants subject to this

[[Page 118 STAT. 138]]

section. Each such report shall be submitted to the Council of the 
District of Columbia and to the Committees on Appropriations of the 
House of Representatives and Senate not later than 15 days after the end 
of the quarter covered by the report.
    Sec. 418. (a) Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only in 
the performance of the officer's or employee's official duties. For 
purposes of this paragraph, the term ``official duties'' does not 
include travel between the officer's or employee's residence and 
workplace, except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day;
            (3) the Mayor of the District of Columbia; and
            (4) the Chairman of the Council of the District of Columbia.

    (b) The Chief Financial Officer of the District of Columbia shall 
submit by March 1, 2004, an inventory, as of September 30, 2003, of all 
vehicles owned, leased or operated by the District of Columbia 
government. The inventory shall include, but not be limited to, the 
department to which the vehicle is assigned; the year and make of the 
vehicle; the acquisition date and cost; the general condition of the 
vehicle; annual operating and maintenance costs; current mileage; and 
whether the vehicle is allowed to be taken home by a District officer or 
employee and if so, the officer or employee's title and resident 
location.
    Sec. 419. None of the funds contained in this Act may be used for 
purposes of the annual independent audit of the District of Columbia 
government for fiscal year 2004 unless--
            (1) the audit is conducted by the Inspector General of the 
        District of Columbia, in coordination with the Chief Financial 
        Officer of the District of Columbia, pursuant to section 
        208(a)(4) of the District of Columbia Procurement Practices Act 
        of 1985 (D.C. Official Code, sec. 2-302.8); and
            (2) the audit includes as a basic financial statement a 
        comparison of audited actual year-end results with the revenues 
        submitted in the budget document for such year and the 
        appropriations enacted into law for such year using the format, 
        terminology, and classifications contained in the law making the 
        appropriations for the year and its legislative history.

    Sec. 420. (a) None of the funds contained in this Act may be used by 
the District of Columbia Corporation Counsel or any other officer or 
entity of the District government to provide assistance for any petition 
drive or civil action which seeks to require Congress to provide for 
voting representation in Congress for the District of Columbia.
    (b) Nothing in this section bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.

[[Page 118 STAT. 139]]

    Sec. 421. (a) None of the funds contained in this Act may be used 
for any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug.
    (b) Any individual or entity who receives any funds contained in 
this Act and who carries out any program described in subsection (a) 
shall account for all funds used for such program separately from any 
funds contained in this Act.
    Sec. 422. None of the funds contained in this Act may be used after 
the expiration of the 60-day period that begins on the date of the 
enactment of this Act to pay the salary of any chief financial officer 
of any office of the District of Columbia government (including any 
independent agency of the District of Columbia) who has not filed a 
certification with the Mayor and the Chief Financial Officer of the 
District of Columbia that the officer understands the duties and 
restrictions applicable to the officer and the officer's agency as a 
result of this Act (and the amendments made by this Act), including any 
duty to prepare a report requested either in the Act or in any of the 
reports accompanying the Act and the deadline by which each report must 
be submitted. The Chief Financial Officer of the District of Columbia 
shall provide to the Committees on Appropriations of the House of 
Representatives and Senate by the 10th day after the end of each quarter 
a summary list showing each report, the due date, and the date submitted 
to the committees.
    Sec. 423. (a) None of the funds contained in this Act may be used to 
enact or carry out any law, rule, or regulation to legalize or otherwise 
reduce penalties associated with the possession, use, or distribution of 
any schedule I substance under the Controlled Substances Act (21 U.S.C. 
802) or any tetrahydrocannabinols derivative.
    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 424. Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 425. <<NOTE: Reports.>> The Mayor of the District of Columbia 
shall submit to the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Government Reform of the 
House of Representatives, and the Committee on Governmental Affairs of 
the Senate quarterly reports addressing--
            (1) crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs;
            (3) management of parolees and pre-trial violent offenders, 
        including the number of halfway houses escapes and steps taken 
        to improve monitoring and supervision of halfway house residents 
        to reduce the number of escapes to be provided in

[[Page 118 STAT. 140]]

        consultation with the Court Services and Offender Supervision 
        Agency for the District of Columbia;
            (4) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools and the District of 
        Columbia public charter schools;
            (5) improvement in basic District services, including rat 
        control and abatement;
            (6) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District failed 
        to spend the amounts received; and
            (7) indicators of child well-being.

    Sec. 426. <<NOTE: Deadline.>> No later than 30 calendar days after 
the date of the enactment of this Act, the Chief Financial Officer of 
the District of Columbia shall submit to the appropriate committees of 
Congress, the Mayor, and the Council of the District of Columbia a 
revised appropriated funds operating budget in the format of the budget 
that the District of Columbia government submitted pursuant to section 
442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 
1-204.42), for all agencies of the District of Columbia government for 
fiscal year 2003 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal-services, respectively, with anticipated actual 
expenditures.

    Sec. 427. None of the funds contained in this Act may be used to 
issue, administer, or enforce any order by the District of Columbia 
Commission on Human Rights relating to docket numbers 93-030-(PA) and 
93-031-(PA).
    Sec. 428. None of the Federal funds made available in this Act may 
be transferred to any department, agency, or instrumentality of the 
United States Government, except pursuant to a transfer made by, or 
transfer authority provided in, this Act or any other appropriation Act.
    Sec. 429. During fiscal year 2004 and any subsequent fiscal year, in 
addition to any other authority to pay claims and judgments, any 
department, agency, or instrumentality of the District government may 
use local funds to pay the settlement or judgment of a claim or lawsuit 
in an amount less than $10,000, in accordance with the Risk Management 
for Settlements and Judgments Amendment Act of 2000 (D.C. Law 13-172; 
D.C. Official Code, sec. 2-402).
    Sec. 430. Notwithstanding any other law, the District of Columbia 
Courts shall transfer to the general treasury of the District of 
Columbia all fines levied and collected by the Courts under section 
10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official 
Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall remain 
available until expended and shall be used by the Office of the 
Corporation Counsel for enforcement and prosecution of District traffic 
alcohol laws in accordance with section 10(b)(3) of the District of 
Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
    Sec. 431. During fiscal year 2004 and any subsequent fiscal year, 
any agency of the District government may transfer to the Office of 
Labor Relations and Collective Bargaining (OLRCB) such local funds as 
may be necessary to pay for representation by OLRCB

[[Page 118 STAT. 141]]

in third-party cases, grievances, and dispute resolution, pursuant to an 
intra-District agreement with OLRCB. These amounts shall be available 
for use by OLRCB to reimburse the cost of providing the representation.
    Sec. 432. None of the funds contained in this Act may be made 
available to pay--
            (1) the fees of an attorney who represents a party in an 
        action or an attorney who defends an action, including an 
        administrative proceeding, brought against the District of 
        Columbia Public Schools under the Individuals with Disabilities 
        Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for 
        that action; or
            (2) the fees of an attorney or firm whom the Chief Financial 
        Officer of the District of Columbia determines to have a 
        pecuniary interest, either through an attorney, officer or 
        employee of the firm, in any special education diagnostic 
        services, schools, or other special education service providers.

    Sec. 433. The Chief Financial Officer of the District of Columbia 
shall require attorneys in special education cases brought under the 
Individuals with Disabilities Act (IDEA) in the District of Columbia to 
certify in writing that the attorney or representative rendered any and 
all services for which they receive awards, including those received 
under a settlement agreement or as part of an administrative proceeding, 
under the IDEA from the District of Columbia: Provided, That as part of 
the certification, the Chief Financial Officer of the District of 
Columbia shall require all attorneys in IDEA cases to disclose any 
financial, corporate, legal, memberships on boards of directors, or 
other relationships with any special education diagnostic services, 
schools, or other special education service providers to which the 
attorneys have referred any clients as part of this certification: 
Provided further, That the Chief Financial Officer shall prepare and 
submit quarterly reports to the Committees on Appropriations of the 
House of Representatives and Senate on the certification of and the 
amount paid by the government of the District of Columbia, including the 
District of Columbia Public Schools, to attorneys in cases brought under 
IDEA: Provided further, That the Inspector General of the District of 
Columbia may conduct investigations to determine the accuracy of the 
certifications.
    Sec. 434. Section 603(e)(3)(C)(iv) of the Student Loan Marketing 
Association Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(C)(iv)) is 
amended as follows--
            (1) by inserting ``for a fiscal year'' after ``this 
        subparagraph''; and
            (2) by inserting ``for the fiscal year'' before the period.

    Sec. 435. Chapter 3 of title 16, District of Columbia Code, is 
amended by inserting at the end the following new section:

``SEC. 16-316. APPOINTMENT AND COMPENSATION OF COUNSEL; GUARDIAN AD 
            LITEM.

    ``(a) When a petition for adoption has been filed and there has been 
no termination or relinquishment of parental rights with respect to the 
proposed adoptee or consent to the proposed adoption by a parent or 
guardian whose consent is required under D.C. Code section 16-304, the 
Court may appoint an attorney to represent such parent or guardian in 
the adoption proceeding if the individual is financially unable to 
obtain adequate representation.

[[Page 118 STAT. 142]]

    ``(b) The Court may appoint a guardian ad litem who is an attorney 
to represent the child in an adoption proceeding. The guardian ad litem 
shall in general be charged with the representation of the child's best 
interest.
    ``(c) An attorney appointed pursuant to subsection (a) or (b) of 
this section shall be compensated in accordance with D.C. Code section 
16-2326.01, except that compensation in the adoption case shall be 
subject to the limitation set forth in D.C. Code section 16-
2326.01(b)(2).''.
    The table of sections for chapter 3 of title 16, District of 
Columbia Code, is amended by inserting at the end the following new 
item:

``Sec. 16-316. Appointment and compensation of counsel; guardian ad 
           litem.''.

    Sec. 436. The amount appropriated by this Act may be increased by no 
more than $15,000,000 from funds identified in the comprehensive annual 
financial report as the District's fiscal year 2003 unexpended general 
fund surplus. The District may obligate and expend these amounts only in 
accordance with the following conditions:
            (1) The Chief Financial Officer of the District of Columbia 
        shall certify that the use of any such amounts is not 
        anticipated to have a negative impact on the District's long-
        term financial, fiscal, and economic vitality.
            (2) The District of Columbia may only use these funds for 
        the following expenditures--
                    (A) unanticipated one-time expenditures;
                    (B) to avoid deficit spending;
                    (C) debt reduction;
                    (D) unanticipated program needs; or
                    (E) to avoid revenue shortfalls.
            (3) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council in support of each 
        such obligation or expenditure.
            (4) The amounts may not be used to fund the agencies of the 
        District of Columbia government under court ordered 
        receivership.
            (5) The amounts may be obligated and expended only if 
        approved by the Committees on Appropriations of the House of 
        Representatives and Senate in advance of any obligation or 
        expenditure.

    This division may be cited as the ``District of Columbia 
Appropriations Act, 2004''.

[[Page 118 STAT. 143]]

 DIVISION D--FOREIGN <<NOTE: Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 2004.>> OPERATIONS, EXPORT 
FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2004

                                 An Act


  Making appropriations for foreign operations, export financing, and 
related programs for the fiscal year ending September 30, 2004, and for 
                             other purposes.

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2004, and for other purposes, namely:

                TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                 Export-Import Bank of the United States

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act: Provided 
further, <<NOTE: 12 USC 635 note. administrative expenses>> That 
notwithstanding section 1(c) of Public Law 103-428, as amended, sections 
1(a) and (b) of Public Law 103-428 shall remain in effect through 
                            October 1, 2004.

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, $72,895,000: Provided, That the Export-Import Bank 
may accept, and use, payment or services provided by transaction 
participants for legal, financial, or technical services in connection 
with any transaction for which an application for a loan, guarantee or 
insurance commitment has been made: Provided further, <<NOTE: 12 USC 
635a note.>> That, notwithstanding subsection (b) of section 117 of the 
Export Enhancement Act of 1992, subsection (a) thereof shall remain in 
effect until October 1, 2004.

[[Page 118 STAT. 144]]

                 Overseas Private Investment Corporation

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to carry 
out the credit and insurance programs (including an amount for official 
reception and representation expenses which shall not exceed $35,000) 
shall not exceed $41,385,000: Provided further, That project-specific 
transaction costs, including direct and indirect costs incurred in 
claims settlements, and other direct costs associated with services 
provided to specific investors or potential investors pursuant to 
section 234 of the Foreign Assistance Act of 1961, shall not be 
  considered administrative expenses for the purposes of this heading.

    For the cost of direct and guaranteed loans, $24,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Non-Credit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums shall 
be available for direct loan obligations and loan guaranty commitments 
incurred or made during fiscal years 2004 and 2005: Provided further, 
That such sums shall remain available through fiscal year 2012 for the 
disbursement of direct and guaranteed loans obligated in fiscal year 
2004, and through fiscal year 2013 for the disbursement of direct and 
guaranteed loans obligated in fiscal year 2005.
    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                   Funds Appropriated to the President

    For necessary expenses to carry out the provisions of section 661 of 
the Foreign Assistance Act of 1961, $50,000,000, to remain available 
until September 30, 2005.

                 TITLE II--BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2004, unless otherwise 
specified herein, as follows:

[[Page 118 STAT. 145]]

    For necessary expenses to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961, for child survival, 
health, and family planning/reproductive health activities, in addition 
to funds otherwise available for such purposes, $1,835,000,000, to 
remain available until September 30, 2005: Provided, That this amount 
shall be made available for such activities as: (1) immunization 
programs; (2) oral rehydration programs; (3) health, nutrition, water 
and sanitation programs which directly address the needs of mothers and 
children, and related education programs; (4) assistance for children 
displaced or orphaned by causes other than AIDS; (5) programs for the 
prevention, treatment, control of, and research on HIV/AIDS, 
tuberculosis, polio, malaria, and other infectious diseases, and for 
assistance to communities severely affected by HIV/AIDS, including 
children displaced or orphaned by AIDS; and (6) family planning/
reproductive health: Provided further, That none of the funds 
appropriated under this heading may be made available for nonproject 
assistance, except that funds may be made available for such assistance 
for ongoing health activities: Provided further, That of the funds 
appropriated under this heading, not to exceed $250,000, in addition to 
funds otherwise available for such purposes, may be used to monitor and 
provide oversight of child survival, maternal and family planning/
reproductive health, and infectious disease programs: Provided further, 
That the following amounts should be allocated as follows: $330,000,000 
for child survival and maternal health; $28,000,000 for vulnerable 
children; $516,500,000 for HIV/AIDS including not less than $22,000,000 
which should be made available to support the development of 
microbicides as a means for combating HIV/AIDS; $185,000,000 for other 
infectious diseases; and $375,500,000 for family planning/reproductive 
health, including in areas where population growth threatens 
biodiversity or endangered species: Provided further, That of the funds 
appropriated under this heading, and in addition to funds allocated 
under the previous proviso, not less than $400,000,000 shall be made 
available, notwithstanding any other provision of law, except for the 
United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act 
of 2003 (117 Stat. 711; 22 U.S.C. 1701 et seq.) as amended by section 
595 of this Act, for a United States contribution to the Global Fund to 
Fight AIDS, Tuberculosis and Malaria (the ``Global Fund''), and shall be 
expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That of the funds 
appropriated under this heading that are available for HIV/AIDS programs 
and activities, not less than $26,000,000 should be made available for 
the International AIDS Vaccine Initiative and not less than $26,000,000 
should be made available for a United States contribution to UNAIDS: 
Provided further, That of the funds appropriated under this heading, 
$60,000,000 should be made available for a United States contribution to 
The Vaccine Fund, and up to $6,000,000 may be transferred to and merged 
with funds appropriated by this Act under the heading ``Operating 
Expenses of the United States Agency for International Development'' for 
costs directly related to international health, but funds

[[Page 118 STAT. 146]]

made available for such costs may not be derived from amounts made 
available for contribution under this and preceding provisos: Provided 
further, That none of the funds made available in this Act nor any 
unobligated balances from prior appropriations may be made available to 
any organization or program which, as determined by the President of the 
United States, supports or participates in the management of a program 
of coercive abortion or involuntary sterilization: Provided further, 
That none of the funds made available under this Act may be used to pay 
for the performance of abortion as a method of family planning or to 
motivate or coerce any person to practice abortions: Provided further, 
That none of the funds made available under this Act may be used to 
lobby for or against abortion: Provided further, That in order to reduce 
reliance on abortion in developing nations, funds shall be available 
only to voluntary family planning projects which offer, either directly 
or through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary family 
planning project shall meet the following requirements: (1) service 
providers or referral agents in the project shall not implement or be 
subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators for 
budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of total 
number of births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny any 
right or benefit, including the right of access to participate in any 
program of general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family planning 
services; (4) the project shall provide family planning acceptors 
comprehensible information on the health benefits and risks of the 
method chosen, including those conditions that might render the use of 
the method inadvisable and those adverse side effects known to be 
consequent to the use of the method; and (5) the project shall ensure 
that experimental contraceptive drugs and devices and medical procedures 
are provided only in the context of a scientific study in which 
participants are advised of potential risks and benefits; and, not less 
than 60 days after the date on which the Administrator of the United 
States Agency for International Development determines that there has 
been a violation of the requirements contained in paragraph (1), (2), 
(3), or (5) of this proviso, or a pattern or practice of violations of 
the requirements contained in paragraph (4) of this proviso, the 
Administrator shall submit to the Committees on Appropriations a report 
containing a description of such violation and the corrective action 
taken by the Agency: Provided further, That in awarding grants for 
natural family planning under section 104 of the Foreign Assistance Act 
of 1961 no applicant shall be discriminated against because of such 
applicant's religious or conscientious commitment to offer only natural 
family planning; and, additionally, all such applicants shall comply 
with the requirements of the previous proviso: Provided further, That 
for purposes of this or any other Act authorizing or appropriating funds 
for foreign operations, export

[[Page 118 STAT. 147]]

financing, and related programs, the term ``motivate'', as it relates to 
family planning assistance, shall not be construed to prohibit the 
provision, consistent with local law, of information or counseling about 
all pregnancy options: Provided further, That nothing in this paragraph 
shall be construed to alter any existing statutory prohibitions against 
abortion under section 104 of the Foreign Assistance Act of 1961: 
Provided further, That to the maximum extent feasible, taking into 
consideration cost, timely availability, and best health practices, 
funds appropriated in this Act or prior appropriations Acts that are 
made available for condom procurement shall be made available only for 
the procurement of condoms manufactured in the United States: Provided 
further, That information provided about the use of condoms as part of 
projects or activities that are funded from amounts appropriated by this 
Act shall be medically accurate and shall include the public health 
                 benefits and failure rates of such use.

    For necessary expenses of the United States Agency for International 
Development to carry out the provisions of sections 103, 105, 106, and 
131, and chapter 10 of part I of the Foreign Assistance Act of 1961, 
$1,385,000,000, of which up to $150,000,000 may remain available until 
September 30, 2005: Provided, That none of the funds appropriated under 
title II of this Act that are managed by or allocated to the United 
States Agency for International Development's Global Development 
Secretariat, may be made available except through the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That $190,000,000 should be allocated for trade capacity 
building: Provided further, That $235,000,000 should be allocated for 
basic education: Provided further, That of the funds appropriated under 
this heading and managed by the United States Agency for International 
Development Bureau of Democracy, Conflict, and Humanitarian Assistance, 
not less than $11,000,000 shall be made available only for programs to 
improve women's leadership capacity in recipient countries: Provided 
further, That such funds may not be made available for construction: 
Provided further, That of the funds appropriated under this heading that 
are made available for assistance programs for displaced and orphaned 
children and victims of war, not to exceed $32,500, in addition to funds 
otherwise available for such purposes, may be used to monitor and 
provide oversight of such programs: Provided further, That of the 
aggregate amount of the funds appropriated by this Act that are made 
available for agriculture and rural development programs, $25,000,000 
should be made available for plant biotechnology research and 
development: Provided further, That not less than $2,300,000 should be 
made available for core support for the International Fertilizer 
Development Center: Provided further, That of the funds appropriated 
under this heading, not less than $19,000,000 should be made available 
for the American Schools and Hospitals Abroad program: Provided further, 
That of the funds appropriated under this heading, not less than 
$10,000,000, in addition to other funds available under this heading for 
assistance for Mexico, should be made available for programs and 
activities in rural Mexico to promote microfinance, small business 
development, energy and environmental conservation, and private property 
ownership in rural communities, and to support small farmers who have 
been affected by adverse economic conditions:

[[Page 118 STAT. 148]]

Provided further, That funds made available pursuant to the previous 
proviso shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the funds 
appropriated by this Act, $100,000,000 shall be made available for 
         drinking water supply projects and related activities.

    For necessary expenses of the United States Agency for International 
Development to carry out the provisions of section 491 of the Foreign 
Assistance Act of 1961, as amended for international disaster relief, 
rehabilitation, and reconstruction assistance, $235,500,000, to remain 
available until expended.
    In addition, for necessary expenses for assistance for famine 
prevention and relief, including for mitigation of the effects of 
famine, $20,000,000, to remain available until expended: Provided, That 
such funds shall be made available utilizing the general authorities of 
section 491 of the Foreign Assistance Act of 1961, and shall be in 
addition to amounts otherwise available for such purposes: Provided 
further, That funds appropriated by this paragraph shall be available 
for obligation subject to prior consultation with the Committees on 
                             Appropriations.

    For necessary expenses for international disaster rehabilitation and 
reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $55,000,000, to remain available until expended, 
to support transition to democracy and to long-term development of 
countries in crisis: Provided, That such support may include assistance 
to develop, strengthen, or preserve democratic institutions and 
processes, revitalize basic infrastructure, and foster the peaceful 
resolution of conflict: Provided further, That the United States Agency 
for International Development shall submit a report to the Committees on 
Appropriations at least 5 days prior to beginning a new program of 
assistance: Provided further, That if the President determines that is 
important to the national interests of the United States to provide 
transition assistance in excess of the amount appropriated under this 
heading, up to $15,000,000 of the funds appropriated by this Act to 
carry out the provisions of part I of the Foreign Assistance Act of 1961 
may be used for purposes of this heading and under the authorities 
applicable to funds appropriated under this heading:  Provided further, 
That funds made available pursuant to the previous proviso shall be made 
available subject to prior consultation with the Committees on 
                             Appropriations.

    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 108 and 635 of the Foreign Assistance Act of 1961, funds may be 
derived by transfer from funds appropriated by this Act to carry out 
part I of such Act and under the heading ``Assistance for Eastern Europe 
and the Baltic States'': Provided, That such funds shall not exceed 
$21,000,000, which shall be made

[[Page 118 STAT. 149]]

available only for micro and small enterprise programs, urban programs, 
and other programs which further the purposes of part I of the Act: 
Provided further, That such costs, including the cost of modifying such 
direct and guaranteed loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further,  That 
funds made available by this paragraph may be used for the cost of 
modifying any such guaranteed loans under this Act or prior Acts, and 
funds used for such costs shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to and merged with the 
appropriation for Operating Expenses of the United States Agency for 
International Development: Provided, That funds made available under 
      this heading shall remain available until September 30, 2007.

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

    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $604,100,000, of which up to 
$25,000,000 may remain available until September 30, 2005: Provided, 
That none of the funds appropriated under this heading and under the 
heading ``Capital Investment Fund'' may be made available to finance the 
construction (including architect and engineering services), purchase, 
or long term lease of offices for use by the United States Agency for 
International Development, unless the Administrator has identified such 
proposed construction (including architect and engineering services), 
purchase, or long term lease of offices in a report submitted to the 
Committees on Appropriations at least 15 days prior to the obligation of 
these funds for such purposes: Provided further, That the previous 
proviso shall not apply where the total cost of construction (including 
architect and engineering services), purchase, or long term lease of 
offices does not exceed $1,000,000: Provided further, That contracts or 
agreements entered into with funds appropriated under this heading may 
entail commitments for the expenditure of such funds through fiscal year 
2005: Provided further, That in addition not to exceed $15,000,000 shall 
be derived by transfer from the ``Iraq Relief and Reconstruction Fund'' 
(Public Law 108-11) to support the United States Agency for 
International Development mission in Iraq: Provided further, That none 
of the funds in this Act may be used to open a new overseas mission of 
the United States Agency for International Development without the prior 
written notification of the Committees on Appropriations: Provided 
further, That the authority of sections 610 and 109 of the Foreign 
Assistance Act of 1961 may be exercised by the Secretary of State

[[Page 118 STAT. 150]]

to transfer funds appropriated to carry out chapter 1 of part I of such 
Act to ``Operating Expenses of the United States Agency for 
International Development'' in accordance with the provisions of those 
sections: Provided further, That during fiscal year 2004, the number of 
full-time equivalent positions for United States foreign service 
employees of the United States Agency for International Development for 
countries in the Latin America and Caribbean region shall not be reduced 
below the number for such employees for countries in that region as of 
September 30, 2003, except as provided through the regular notification 
             procedures of the Committees on Appropriations.

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $82,200,000, to remain available until expended: 
Provided, That this amount is in addition to funds otherwise available 
for such purposes: Provided further, That the Administrator of the 
United States Agency for International Development shall assess fair and 
reasonable rental payments for the use of space by employees of other 
United States Government agencies in buildings constructed using funds 
appropriated under this heading, and such rental payments shall be 
deposited into this account as an offsetting collection: Provided 
further, That the rental payments collected pursuant to the previous 
proviso and deposited as an offsetting collection shall be available for 
obligation only pursuant to the regular notification procedures of the 
Committees on Appropriations: Provided further, That the assignment of 
United States Government employees or contractors to space in buildings 
constructed using funds appropriated under this heading shall be subject 
to the concurrence of the Administrator of the United States Agency for 
International Development: Provided further, That funds appropriated 
under this heading shall be available for obligation only pursuant to 
the regular notification procedures of the Committees on Appropriations.

    For necessary expenses to carry out the provisions of section 667 of 
the Foreign Assistance Act of 1961, $35,000,000, to remain available 
until September 30, 2005, which sum shall be available for the Office of 
the Inspector General of the United States Agency for International 
Development.

                   Other Bilateral Economic Assistance

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,132,500,000, to remain available until September 30, 2005: 
Provided, That of the funds appropriated under this heading, not less 
than $480,000,000 shall be available only for Israel, which sum shall be 
available on a grant basis as a cash transfer and shall be disbursed 
within 30 days of the enactment

[[Page 118 STAT. 151]]

of this Act: Provided further, That not less than $575,000,000 shall be 
available only for Egypt, which sum shall be provided on a grant basis, 
and of which sum cash transfer assistance shall be provided with the 
understanding that Egypt will undertake significant economic reforms 
which are additional to those which were undertaken in previous fiscal 
years, and of which not less than $200,000,000 shall be provided as 
Commodity Import Program assistance: Provided further, That in 
exercising the authority to provide cash transfer assistance for Israel, 
the President shall ensure that the level of such assistance does not 
cause an adverse impact on the total level of nonmilitary exports from 
the United States to such country and that Israel enters into a side 
letter agreement in an amount proportional to the fiscal year 1999 
agreement: Provided further, That of the funds appropriated under this 
heading, not less than $250,000,000 should be made available only for 
assistance for Jordan: Provided further, That of the funds appropriated 
under this heading, up to $1,000,000 should be used to further legal 
reforms in the West Bank and Gaza, including judicial training on 
commercial disputes and ethics: Provided further, That funds 
appropriated under this heading shall be made available for 
administrative costs of the United States Agency for International 
Development to implement regional programs in Asia and the Near East, 
including the Middle East Partnership Initiative, in addition to amounts 
otherwise available for such purposes: Provided further, That 
$13,500,000 of the funds appropriated under this heading shall be made 
available for Cyprus to be used only for scholarships, administrative 
support of the scholarship program, bicommunal projects, and measures 
aimed at reunification of the island and designed to reduce tensions and 
promote peace and cooperation between the two communities on Cyprus: 
Provided further, That $35,000,000 of the funds appropriated under this 
heading shall be made available for assistance for Lebanon, of which not 
less than $4,000,000 should be made available for American educational 
institutions for scholarships and other programs: Provided further, That 
notwithstanding section 534(a) of this Act, funds appropriated under 
this heading that are made available for assistance for the Central 
Government of Lebanon shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
of the funds appropriated under this heading, not less than $22,500,000 
shall be made available for assistance for the Democratic Republic of 
Timor-Leste, of which up to $1,000,000 may be available for 
administrative expenses of the United States Agency for International 
Development: Provided further, That of the funds appropriated under this 
heading, not less than $1,500,000 should be made available for technical 
assistance for countries to implement and enforce the Kimberley Process 
Certification Scheme: Provided further, That funds appropriated under 
this heading should be made available to support the development of 
justice and reconciliation mechanisms in the Democratic Republic of the 
Congo, Rwanda, Burundi, and Uganda, including programs to improve local 
capacity to prevent and respond to gender-based violence: Provided 
further, That funds appropriated under this heading may be used, 
notwithstanding any other provision of law, to provide assistance to the 
National Democratic Alliance of Sudan to strengthen its ability to 
protect civilians from attacks, slave raids, and aerial bombardment by 
the Sudanese Government forces and its militia allies, and the provision 
of such

[[Page 118 STAT. 152]]

funds shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That in the previous 
proviso, the term ``assistance'' includes non-lethal, non-food aid such 
as blankets, medicine, fuel, mobile clinics, water drilling equipment, 
communications equipment to notify civilians of aerial bombardment, non-
military vehicles, tents, and shoes: Provided further, That of the funds 
appropriated under this heading, not less than $1,750,000 should be made 
available for East Asia and Pacific Environment Initiatives: Provided 
further, That of the funds appropriated under this heading, $5,000,000 
shall be made available to continue to support the provision of 
wheelchairs for needy persons in developing countries: Provided further, 
That funds appropriated under this heading that are made available for a 
Middle East Financing Facility, Middle East Enterprise Fund, or any 
other similar entity in the Middle East shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That with respect to funds appropriated under this heading in 
this Act or prior Acts making appropriations for foreign operations, 
export financing, and related programs, the responsibility for policy 
decisions and justifications for the use of such funds, including 
whether there will be a program for a country that uses those funds and 
the amount of each such program, shall be the responsibility of the 
Secretary of State and the Deputy Secretary of State and this 
responsibility shall not be delegated: Provided further, That of the 
funds appropriated in Public Law 108-106 under the heading ``Iraq Relief 
and Reconstruction Fund'', up to $100,000,000 may be transferred to and 
consolidated with funds appropriated by this Act under this heading and 
made available for Turkey, and up to $30,000,000 may be transferred to 
and consolidated with funds appropriated by this Act under this heading 
and made available for the Middle East Partnership Initiative: Provided 
further, That funds appropriated under this heading shall be made 
available for programs and countries in the amounts contained in the 
table accompanying the joint explanatory statement of the managers 
accompanying this Act: Provided further, That any proposed increases or 
decreases to the amounts contained in such table shall be subject to the 
regular notification procedures of the Committees on Appropriations and 
section 634A of the Foreign Assistance Act of 1961 and notifications 
shall be transmitted at least 15 days in advance of the obligation of 
                                 funds.

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $18,500,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
               remain available until September 30, 2005.

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

[[Page 118 STAT. 153]]

control of, and research on, HIV/AIDS, $491,000,000, to remain available 
until expended: Provided, That of the funds appropriated under this 
heading, $15,000,000 may be apportioned directly to the Peace Corps to 
remain available until expended for necessary expenses to carry out 
activities to combat HIV/AIDS, tuberculosis and malaria: Provided 
further, That of the funds appropriated under this heading, not more 
than $8,000,000 may be made available for administrative expenses of the 
office of the ``Coordinator of United States Government Activities to 
Combat HIV/AIDS Globally'' of the Department of State: Provided further, 
That in carrying out the duties specified in section 1(f)(2)(B)(ii)(VII) 
of the State Department Basic Authorities Act of 1956, the Coordinator 
shall ensure that assistance is provided for activities in not fewer 
than 15 countries, at least one of which shall not be in Africa or the 
Caribbean region: Provided further, That of the funds appropriated under 
this heading, up to $75,000,000 should be made available for the safe 
and appropriate use of injections and other forms of infection control 
             and prevention, and for blood safety programs.

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $445,000,000, to remain available until 
September 30, 2005, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That of the funds appropriated 
under this heading that are made available for assistance for Bulgaria, 
$2,000,000 should be made available to enhance safety at nuclear power 
plants: Provided further, That of the funds appropriated under this 
heading, and under the headings ``Assistance for the Independent States 
of the Former Soviet Union'', ``Foreign Military Financing Program'', 
and ``Economic Support Fund'', not less than $53,500,000 shall be made 
available for programs for the prevention, treatment, and control of, 
and research on, HIV/AIDS, tuberculosis, and malaria: Provided further, 
That of the funds appropriated under this heading that are made 
available for Montenegro, not less than $12,000,000 shall be made 
available for economic development and environmental programs in the 
coastal region: Provided further, That of the funds appropriated under 
this heading, up to $1,000,000 should be made available for a program to 
promote greater understanding and interaction among youth in Albania, 
Kosovo, Montenegro and Macedonia: Provided further, That funds 
appropriated under this heading shall be made available for programs and 
countries in the amounts contained in the table accompanying the joint 
explanatory statement of the managers accompanying this Act: Provided 
further, That any proposed increases or decreases to the amounts 
contained in such table shall be subject to the regular notification 
procedures of the Committees on Appropriations and section 634A of the 
Foreign Assistance Act of 1961 and notifications shall be transmitted at 
least 15 days in advance of the obligation of funds.
    (b) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act for the use of economic assistance.
    (c) With regard to funds appropriated under this heading for the 
economic revitalization program in Bosnia and Herzegovina,

[[Page 118 STAT. 154]]

and local currencies generated by such funds (including the conversion 
of funds appropriated under this heading into currency used by Bosnia 
and Herzegovina as local currency and local currency returned or repaid 
under such program) the Administrator of the United States Agency for 
International Development shall provide written approval for grants and 
loans prior to the obligation and expenditure of funds for such 
purposes, and prior to the use of funds that have been returned or 
repaid to any lending facility or grantee.
    (d) The provisions of section 529 of this Act shall apply to funds 
made available under subsection (c) and to funds appropriated under this 
heading: Provided, That notwithstanding any provision of this or any 
other Act, including provisions in this subsection regarding the 
application of section 529 of this Act, local currencies generated by, 
or converted from, funds appropriated by this Act and by previous 
appropriations Acts and made available for the economic revitalization 
program in Bosnia may be used in Eastern Europe and the Baltic States to 
carry out the provisions of the Foreign Assistance Act of 1961 and the 
Support for East European Democracy (SEED) Act of 1989.
    (e) The President is authorized to withhold funds appropriated under 
this heading made available for economic revitalization programs in 
Bosnia and Herzegovina, if he determines and certifies to the Committees 
on Appropriations that the Federation of Bosnia and Herzegovina has not 
complied with article III of annex 1-A of the General Framework 
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal 
of foreign forces, and that intelligence cooperation on training, 
investigations, and related activities between state sponsors of 
terrorism and terrorist organizations and Bosnian officials has not been 
                               terminated.

    (a) For necessary expenses to carry out the provisions of chapters 
11 and 12 of part I of the Foreign Assistance Act of 1961 and the 
FREEDOM Support Act, for assistance for the Independent States of the 
former Soviet Union and for related programs, $587,000,000, to remain 
available until September 30, 2005: Provided, That the provisions of 
such chapters shall apply to funds appropriated by this paragraph: 
Provided further, That of the funds made available for the Southern 
Caucasus region, notwithstanding any other provision of law, funds may 
be used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of the regional conflicts, 
especially those in the vicinity of Abkhazia and Nagorno-Karabagh: 
Provided further, That of the funds appropriated under this heading, 
$1,500,000 should be available only to meet the health and other 
assistance needs of victims of trafficking in persons: Provided further, 
That of the funds appropriated under this heading, $17,500,000 shall be 
made available solely for assistance for the Russian Far East, of which 
not less than $3,000,000 shall be made available for programs and 
activities authorized under section 307 of the FREEDOM Support Act 
(Public Law 102-511): Provided further, That $4,000,000 shall be made 
available to promote freedom of the media and an independent media in 
Russia: Provided further, That of the funds appropriated under this 
heading, up to $500,000 should be made available to support democracy 
building programs in Russia through the

[[Page 118 STAT. 155]]

Sakharov Archives: Provided further, That, notwithstanding any other 
provision of law, funds appropriated under this heading in this Act or 
prior Acts making appropriations for foreign operations, export 
financing, and related programs, that are made available pursuant to the 
provisions of section 807 of Public Law 102-511 shall be subject to a 6 
percent ceiling on administrative expenses.
    (b) Of the funds appropriated under this heading that are made 
available for assistance for Ukraine, not less than $19,000,000 should 
be made available for nuclear reactor safety initiatives, and not less 
than $1,500,000 shall be made available for coal mine safety programs.
    (c) Of the funds appropriated under this heading, not less than 
$94,000,000 shall be made available for assistance for Russia.
    (d) Of the funds appropriated under this heading, not less than 
$75,000,000 shall be made available for assistance for Armenia.
    (e) Of the funds appropriated under this heading, not less than 
$57,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, 
environmental and reproductive health, and to combat HIV/AIDS, 
tuberculosis and other infectious diseases, and for related activities.
    (f)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of the Russian Federation, 
60 percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation--
            (A) has terminated implementation of arrangements to provide 
        Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-government 
        organizations providing humanitarian relief to refugees and 
        internally displaced persons in Chechnya.

    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child survival 
        activities, or assistance for victims of trafficking in persons; 
        and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.

    (g) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201 or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his or 
        her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2191 et seq.);

[[Page 118 STAT. 156]]

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

                          Independent Agencies

    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, $16,334,000, to remain available 
                        until September 30, 2005.

    For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980, Public Law 96-533, 
$18,689,000, to remain available until September 30, 2005: Provided, 
That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the board of 
directors of the Foundation: Provided further, That interest earned 
shall be used only for the purposes for which the grant was made: 
Provided further, That notwithstanding section 505(a)(2) of the African 
Development Foundation Act, in exceptional circumstances the board of 
directors of the Foundation may waive the $250,000 limitation contained 
in that section with respect to a project: Provided further, That the 
Foundation shall provide a report to the Committees on Appropriations 
           after each time such waiver authority is exercised.

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $310,000,000, including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for use 
outside of the United States: Provided, That none of the funds 
appropriated under this heading shall be used to pay for abortions: 
Provided further, That funds appropriated under this heading shall 
remain available until September 30, 2005: Provided further, That during 
fiscal year <<NOTE: 22 USC 2506 note. millennium challenge 
corporation>> 2004 and any subsequent fiscal year, the Director of the 
Peace Corps may make appointments or assignments, or extend current 
appointments or assignments, to permit United States citizens to serve 
for periods in excess of 5 years in the case of individuals whose 
appointment or assignment, such as regional safety security officers and 
employees within the Office of the Inspector General, involves the 
safety of Peace Corps volunteers: Provided further, That the Director of 
the Peace Corps may make such appointments or assignments 
notwithstanding the provisions of section 7 of the Peace Corps Act 
limiting the length of an appointment or assignment, the circumstances 
under which such an appointment or assignment may exceed 5 years, and 
the percentage of appointments or assignments that can be made in excess 
                               of 5 years.

    For necessary expenses for the ``Millennium Challenge Account'', 
$650,000,000, to remain available until expended: Provided, That of the 
funds appropriated under this heading, not

[[Page 118 STAT. 157]]

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

                           Department of State

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $241,700,000, to remain available until 
September 30, 2006: Provided, That during fiscal year 2004, the 
Department of State may also use the authority of section 608 of the 
Foreign Assistance Act of 1961, without regard to its restrictions, to 
receive excess property from an agency of the United States Government 
for the purpose of providing it to a foreign country under chapter 8 of 
part I of that Act subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the funds 
appropriated under this heading, $12,000,000 should be made available 
for anti-trafficking in persons programs, including trafficking 
prevention, protection and assistance for victims, and 
prosecution <<NOTE: Deadline. andean counterdrug initiative>> of 
traffickers: Provided further, That the Secretary of State shall provide 
to the Committees on Appropriations not later than 45 days after the 
date of the enactment of this Act and prior to the initial obligation of 
funds appropriated under this heading, a report on the proposed uses of 
all funds under this heading on a country-by-country basis for each 
proposed program, project, or activity: Provided further, That of the 
funds appropriated under this heading, $7,105,000 should be made 
available for the International Law Enforcement Academy in Roswell, New 
Mexico, of which $2,105,000 should be made available for construction 
and completion of a new facility: Provided further, That of the funds 
appropriated under this heading, not more than $26,117,000 may be 
                 available for administrative expenses.

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $731,000,000, to remain available until 
September 30, 2006: Provided, That in fiscal year 2004, funds available 
to the Department of State for assistance to the Government of Colombia 
shall be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated as terrorist 
organizations such as the Revolutionary Armed Forces of Colombia (FARC), 
the National Liberation Army (ELN), and the United Self-Defense Forces 
of Colombia (AUC), and to take actions to protect human health and 
welfare in emergency circumstances, including undertaking rescue 
operations: Provided further, That this authority shall cease to be 
effective if the Secretary of State has credible evidence that the 
Colombian Armed Forces are not conducting vigorous operations to restore 
government authority and respect for human rights in areas under the 
effective control of paramilitary and guerrilla organizations: Provided 
further, That the President shall ensure that if any helicopter procured 
with funds under this heading is used to aid or abet the operations of 
any illegal self-defense group or illegal security cooperative, such 
helicopter shall be immediately returned to the United States: Provided 
further, That none of the funds appropriated by this

[[Page 118 STAT. 158]]

Act may be made available to support a Peruvian air interdiction program 
until the Secretary of State and Director of Central Intelligence 
certify to the Congress, 30 days before any resumption of United States 
involvement in a Peruvian air interdiction program, that an air 
interdiction program that permits the ability of the Peruvian Air Force 
to shoot down aircraft will include enhanced safeguards and procedures 
to prevent the occurrence of any incident similar to the April 20, 2001 
incident: Provided further, That the Secretary of State, in consultation 
with the Administrator of the United States Agency for International 
Development, shall provide to the Committees on Appropriations not later 
than 45 days after the date of the enactment of this Act and prior to 
the initial obligation of funds appropriated under this heading, a 
report on the proposed uses of all funds under this heading on a 
country-by-country basis for each proposed program, project, or 
activity: Provided further, That of the funds appropriated under this 
heading, not less than $257,000,000 shall be made available for 
alternative development/institution building, of which $229,200,000 
shall be apportioned directly to the United States Agency for 
International Development: Provided further, That of the funds 
appropriated under this heading, not less than $25,000,000 should be 
made available for justice and rule of law programs in Colombia: 
Provided further, That of the funds appropriated under this heading, in 
addition to funds made available pursuant to the previous proviso, not 
less than $13,000,000 should be made available for organizations and 
programs to protect human rights: Provided further, That not more than 
20 percent of the funds appropriated by this Act that are used for the 
procurement of chemicals for aerial coca and poppy fumigation programs 
may be made available for such programs unless the Secretary of State, 
after consultation with the Administrator of the Environmental 
Protection Agency (EPA), certifies to the Committees on Appropriations 
that: (1) the herbicide mixture is being used in accordance with EPA 
label requirements for comparable use in the United States and any 
additional controls recommended by the EPA for this program, and with 
the Colombian Environmental Management Plan for aerial fumigation; and 
(2) the herbicide mixture, in the manner it is being used, does not pose 
unreasonable risks or adverse effects to humans or the environment: 
Provided further, That such funds may not be made available unless the 
Secretary of State certifies to the Committees on Appropriations that 
complaints of harm to health or licit crops caused by such fumigation 
are evaluated and fair compensation is being paid for meritorious 
claims: Provided further,  That such funds may not be made available for 
such purposes unless programs are being implemented by the United States 
Agency for International Development, the Government of Colombia, or 
other organizations, in consultation with local communities, to provide 
alternative sources of income in areas where security permits for small-
acreage growers whose illicit crops are targeted for fumigation: 
Provided further, That of the funds appropriated under this heading, not 
less than $2,500,000 should be made available for continued training, 
equipment, and other assistance for the Colombian National Park Service: 
Provided further, That funds appropriated by this Act may be used for 
aerial fumigation in Colombia's national parks or reserves if the 
Secretary of State determines that it is in accordance with Colombian 
laws and that there are no effective alternatives to reduce drug 
cultivation in these areas: Provided

[[Page 118 STAT. 159]]

further, That section 482(b) of the Foreign Assistance Act of 1961 shall 
not apply to funds appropriated under this heading: Provided further, 
That assistance provided with funds appropriated under this heading that 
is made available notwithstanding section 482(b) of the Foreign 
Assistance Act of 1961, as amended, shall be made available subject to 
the regular notification procedures of the Committees on Appropriations: 
Provided further, That the provisions of section 3204(b) through (d) of 
Public Law 106-246, as amended by Public Law 107-115, shall be 
applicable to funds appropriated for fiscal year 2004: Provided further, 
That no United States Armed Forces personnel or United States civilian 
contractor employed by the United States will participate in any combat 
operation in connection with assistance made available by this Act for 
Colombia: Provided further, That funds appropriated under this heading 
that are available for assistance for the Bolivian military and police 
should be made available for such purposes subject to a determination by 
the Secretary of State, and a report to the Committees on 
Appropriations, that the Bolivian military and police are respecting 
human rights and cooperating with investigations and prosecutions of 
alleged violations of human rights: Provided further, That of the funds 
appropriated under this heading, not more than $16,285,000 may be 
available for administrative expenses of the Department of State, and 
not more than $4,500,000 may be available, in addition to amounts 
otherwise available for such purposes, for administrative expenses of 
         the United States Agency for International Development.

    For expenses, not otherwise provided for, necessary to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses of 
personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 5, 
United States Code; purchase and hire of passenger motor vehicles; and 
services as authorized by section 3109 of title 5, United States Code, 
$760,197,000, which shall remain available until expended: Provided, 
That not more than $21,000,000 may be available for administrative 
expenses: Provided further, That not less than $50,000,000 of the funds 
made available under this heading shall be made available for refugees 
from the former Soviet Union and Eastern Europe and other refugees 
resettling in Israel: Provided further, That funds appropriated under 
this heading may be made available for a headquarters contribution to 
the International Committee of the Red Cross only if the Secretary of 
State determines (and so reports to the appropriate committees of 
Congress) that the Magen David Adom Society of Israel is not being 
denied participation in the activities of the International Red Cross 
and Red Crescent Movement.

[[Page 118 STAT. 160]]

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 2601(c)), $30,000,000, to remain available until expended: 
Provided, That funds made available under this heading are appropriated 
notwithstanding the provisions contained in section 2(c)(2) of such Act 
which would limit the amount of funds which could be appropriated for 
                              this purpose.

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $353,500,000, to carry out 
the provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign 
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 
23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 
for demining activities, the clearance of unexploded ordnance, the 
destruction of small arms, and related activities, notwithstanding any 
other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $30,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the United 
States to do so: Provided further, That funds appropriated under this 
heading may be made available for the International Atomic Energy Agency 
only if the Secretary of State determines (and so reports to the 
Congress) that Israel is not being denied its right to participate in 
the activities of that Agency: Provided further, That funds available 
during fiscal year 2004 for a contribution to the Comprehensive Nuclear 
Test Ban Treaty Preparatory Commission and that are not necessary to 
make the United States contribution to the Commission in the amount 
assessed for fiscal year 2004 shall be made available for a voluntary 
contribution to the International Atomic Energy Agency and shall remain 
available until September 30, 2005: Provided further, That of the funds 
made available for demining and related activities, not to exceed 
$690,000, in addition to funds otherwise available for such purposes, 
may be used for administrative expenses related to the operation and 
management of the demining program: Provided further, That the Secretary 
of State is authorized to provide, from funds appropriated under this 
heading in this and subsequent Acts making appropriations for foreign 
operations, export financing and related programs, not to exceed 
$250,000 for public-private partnerships for mine action by grant, 
cooperative agreement, or contract: Provided further, That funds 
appropriated under this heading shall

[[Page 118 STAT. 161]]

be made available for programs and countries in the amounts contained in 
the table accompanying the joint explanatory statement of the managers 
accompanying this Act: Provided further, That any proposed increases or 
decreases to the amounts contained in such table shall be subject to the 
regular notification procedures of the Committees on Appropriations and 
section 634A of the Foreign Assistance Act of 1961 and notifications 
shall be transmitted at least 15 days in advance of the obligation of 
funds.

                       Department of the Treasury

    For necessary expenses to carry out the provisions of section 129 of 
the Foreign Assistance Act of 1961, $19,000,000, to remain available 
until September 30, 2006, which shall be available notwithstanding any 
                         other provision of law.

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, and of modifying concessional credit agreements with least 
developed countries, as authorized under section 411 of the Agricultural 
Trade Development and Assistance Act of 1954, as amended, and 
concessional loans, guarantees and credit agreements, as authorized 
under section 572 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461), and of 
canceling amounts owed, as a result of loans or guarantees made pursuant 
to the Export-Import Bank Act of 1945, by countries that are eligible 
for debt reduction pursuant to title V of H.R. 3425 as enacted into law 
by section 1000(a)(5) of Public Law 106-113, $95,000,000, to remain 
available until September 30, 2006: Provided, That not less than 
$20,000,000 of the funds appropriated under this heading shall be made 
available to carry out the provisions of part V of the Foreign 
Assistance Act of 1961: Provided further, That $75,000,000 of the funds 
appropriated under this heading may be used by the Secretary of the 
Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust Fund 
administered by the International Bank for Reconstruction and 
Development amounts for the benefit of countries that are eligible for 
debt reduction pursuant to title V of H.R. 3425 as enacted into law by 
section 1000(a)(5) of Public Law 106-113: Provided further, That amounts 
paid to the HIPC Trust Fund may be used only to fund debt reduction 
under the enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:

Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has

[[Page 118 STAT. 162]]

credible evidence that the government of such country is engaged in a 
consistent pattern of gross violations of internationally recognized 
human rights or in military or civil conflict that undermines its 
ability to develop and implement measures to alleviate poverty and to 
devote adequate human and financial resources to that end: Provided 
further, That on the basis of final appropriations, the Secretary of the 
Treasury shall consult with the Committees on Appropriations concerning 
which countries and international financial institutions are expected to 
benefit from a United States contribution to the HIPC Trust Fund during 
the <<NOTE: Deadline.>> fiscal year: Provided further, That the 
Secretary of the Treasury shall inform the Committees on Appropriations 
not less than 15 days in advance of the signature of an agreement by the 
United States to make payments to the HIPC Trust Fund of amounts for 
such countries and institutions: Provided further, That the Secretary of 
the Treasury may disburse funds designated for debt reduction through 
the HIPC Trust Fund only for the benefit of countries that--
            (1) have committed, for a period of 24 months, not to accept 
        new market-rate loans from the international financial 
        institution receiving debt repayment as a result of such 
        disbursement, other than loans made by such institutions to 
        export-oriented commercial projects that generate foreign 
        exchange which are generally referred to as ``enclave'' loans; 
        and
            (2) have documented and demonstrated their commitment to 
        redirect their budgetary resources from international debt 
        repayments to programs to alleviate poverty and promote economic 
        growth that are additional to or expand upon those previously 
        available for such purposes:

Provided further, That any limitation of subsection (e) of section 411 
of the Agricultural Trade Development and Assistance Act of 1954 shall 
not apply to funds appropriated under this heading: Provided further, 
That none of the funds made available under this heading in this or any 
other appropriations Act shall be made available for Sudan or Burma 
unless the Secretary of the Treasury determines and notifies the 
Committees on Appropriations that a democratically elected government 
has taken office.

                     TITLE III--MILITARY ASSISTANCE

                   Funds Appropriated to the President

    For necessary expenses to carry out the provisions of section 541 of 
the Foreign Assistance Act of 1961, $91,700,000, of which up to 
$3,000,000 may remain available until expended: Provided, That the 
civilian personnel for whom military education and training may be 
provided under this heading may include civilians who are not members of 
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for 
human rights: Provided further, That funds appropriated under this 
heading for military education and training for Guatemala may only be 
available for expanded international military education and training, 
and funds made available for Algeria, Cambodia, Nigeria and Guatemala 
may only be provided through the regular notification procedures of the 
Committees on Appropriations.

[[Page 118 STAT. 163]]

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,294,000,000: Provided, That of the funds appropriated under this 
heading, not less than $2,160,000,000 shall be available for grants only 
for Israel, and not less than $1,300,000,000 shall be made available for 
grants only for Egypt: Provided further, That the funds appropriated by 
this paragraph for Israel shall be disbursed within 30 days of the 
enactment of this Act: Provided further, That to the extent that the 
Government of Israel requests that funds be used for such purposes, 
grants made available for Israel by this paragraph shall, as agreed by 
Israel and the United States, be available for advanced weapons systems, 
of which not less than $568,000,000 shall be available for the 
procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That of the funds 
appropriated by this paragraph, $206,000,000 should be made available 
for assistance for Jordan: Provided further, That of the funds 
appropriated by this paragraph, $17,000,000 may be transferred to and 
merged with funds appropriated under the heading ``Andean Counterdrug 
Initiative'' and made available for aircraft and related assistance for 
the Colombian National Police: Provided further, That funds appropriated 
by this paragraph shall be nonrepayable notwithstanding any requirement 
in section 23 of the Arms Export Control Act: Provided further, That 
funds made available under this paragraph shall be obligated upon 
apportionment in accordance with paragraph (5)(C) of section 1501(a) of 
title 31, United States Code.
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: Provided, 
That all country and funding level increases in allocations shall be 
submitted through the regular notification procedures of section 515 of 
this Act: Provided further, That none of the funds appropriated under 
this heading shall be available for assistance for Sudan, Guatemala and 
Liberia: Provided further, That funds made available under this heading 
may be used, notwithstanding any other provision of law, for demining, 
the clearance of unexploded ordnance, and related activities, and may 
include activities implemented through nongovernmental and international 
organizations: Provided further, That the authority contained in the 
previous proviso or any other provision of law relating to the use of 
funds for programs under this heading, including provisions contained in 
previously enacted appropriations Acts, shall not apply to activities 
relating to the clearance of unexploded ordnance resulting from United 
States Armed Forces testing or training exercises: Provided further, 
That the previous proviso shall not apply to San Jose Island, Republic 
of Panama: Provided further, That only those countries for which 
assistance was justified for the ``Foreign Military Sales Financing 
Program'' in the fiscal year 1989 congressional presentation for 
security assistance programs may utilize funds made available under this 
heading

[[Page 118 STAT. 164]]

for procurement of defense articles, defense services or design and 
construction services that are not sold by the United States Government 
under the Arms Export Control Act: Provided further, That funds 
appropriated under this heading shall be expended at the minimum rate 
necessary to make timely payment for defense articles and services: 
Provided further, That not more than $40,500,000 of the funds 
appropriated under this heading may be obligated for necessary expenses, 
including the purchase of passenger motor vehicles for replacement only 
for use outside of the United States, for the general costs of 
administering military assistance and sales: Provided further, That not 
more than $361,000,000 of funds realized pursuant to section 21(e)(1)(A) 
of the Arms Export Control Act may be obligated for expenses incurred by 
the Department of Defense during fiscal year 2004 pursuant to section 
43(b) of the Arms Export Control Act, except that this limitation may be 
exceeded only through the regular notification procedures of the 
Committees on Appropriations: Provided further, That foreign military 
financing program funds estimated to be outlayed for Egypt during fiscal 
year 2004 shall be transferred to an interest bearing account for Egypt 
in the Federal Reserve Bank of New York within 30 days of enactment of 
                                this Act.

    For necessary expenses to carry out the provisions of section 551 of 
the Foreign Assistance Act of 1961, $74,900,000: Provided, That none of 
the funds appropriated under this heading shall be obligated or expended 
except as provided through the regular notification procedures of the 
Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

    For the United States contribution for the Global Environment 
Facility, $139,240,000 to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility, by the 
     Secretary of the Treasury, to remain available until expended.

    For payment to the International Development Association by the 
Secretary of the Treasury, $913,200,000, to remain available until 
expended: Provided, That the Secretary of the Treasury shall work to 
ensure that the World Bank provides for an independent entity, such as a 
private auditing firm, to conduct and make publicly available an 
external performance audit which verifies whether the IDA-13 Spring 2004 
performance targets have been met: Provided further, That any further 
incentive contribution for additional contributions for IDA-13 regarding 
such targets shall be made only after the Secretary of the Treasury has 
reviewed and considered carefully the findings of any such independent 
external audit.

[[Page 118 STAT. 165]]

    For payment to the Multilateral Investment Guarantee Agency by the 
Secretary of the Treasury, $1,124,000, for the United States paid-in 
share of the increase in capital stock, to remain available until 
                                expended.

    The United States Governor of the Multilateral Investment Guarantee 
Agency may subscribe without fiscal year limitation for the callable 
capital portion of the United States share of such capital stock in an 
                    amount not to exceed $4,475,203.

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the fund, $25,000,000, to remain available until 
                                expended.

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended, $144,421,000, 
                   to remain available until expended.

    For payment to the African Development Bank by the Secretary of the 
Treasury, $5,104,930, for the United States paid-in share of the 
     increase in capital stock, to remain available until expended.

    The United States Governor of the African Development Bank may 
subscribe without fiscal year limitation for the callable capital 
portion of the United States share of such capital stock in an amount 
                       not to exceed $79,609,817.

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the African Development Fund, 
            $112,725,000, to remain available until expended.

    For payment to the European Bank for Reconstruction and Development 
by the Secretary of the Treasury, $35,431,111 for the United States 
share of the paid-in portion of the increase in capital stock, to remain 
                        available until expended.

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

[[Page 118 STAT. 166]]

limitation to the callable capital portion of the United States share of 
such capital stock in an amount not to exceed $122,085,497.

   contribution to the international fund for agricultural development

    For the United States contribution by the Secretary of the Treasury 
to increase the resources of the International Fund for Agricultural 
Development, $15,004,042, to remain available until expended.

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 of 
the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $321,650,000: 
Provided, That none of the funds appropriated under this heading may be 
made available to the International Atomic Energy Agency (IAEA): 
Provided further, That funds appropriated under this heading shall be 
made available for programs and countries in the amounts contained in 
the table accompanying the joint explanatory statement of the managers 
accompanying this Act: Provided further, <<NOTE: Notification.>> That 
any proposed increases or decreases to the amounts contained in such 
table shall be subject to the regular notification procedures of the 
Committees on Appropriations and section 634A of the Foreign Assistance 
Act of 1961 and notifications shall be transmitted at least 15 days in 
advance of the obligation of funds.

                       TITLE V--GENERAL PROVISIONS

    Sec. 501. (a) No funds appropriated by this Act may be made as 
payment to any international financial institution while the United 
States Executive Director to such institution is compensated by the 
institution at a rate which, together with whatever compensation such 
Director receives from the United States, is in excess of the rate 
provided for an individual occupying a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States Code, or 
while any alternate United States Director to such institution is 
compensated by the institution at a rate in excess of the rate provided 
for an individual occupying a position at level V of the Executive 
Schedule under section 5316 of title 5, United States Code.
    (b) For purposes of this section, ``international financial 
institutions'' are: the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
                              Development.

    Sec. 502. <<NOTE: 22 USC 2151u note.>> None of the funds 
appropriated or otherwise made available by this Act for development 
assistance may be made available to any United States private and 
voluntary organization,

[[Page 118 STAT. 167]]

except any cooperative development organization, which obtains less than 
20 percent of its total annual funding for international activities from 
sources other than the United States Government: Provided, That the 
Administrator of the United States Agency for International Development, 
after informing the Committees on Appropriations, may, on a case-by-case 
basis, waive the restriction contained in this subsection, after taking 
into account the effectiveness of the overseas development activities of 
the organization, its level of volunteer support, its financial 
viability and stability, and the degree of its dependence for its 
                    financial support on the agency.

    Sec. 503. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $100,500 shall be for official residence 
expenses of the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
        owned foreign currencies are utilized in lieu of dollars.

    Sec. 504. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $5,000 shall be for entertainment expenses of 
the United States Agency for International Development during the 
                          current fiscal year.

    Sec. 505. Of the funds appropriated or made available pursuant to 
this Act, not to exceed $125,000 shall be available for representation 
allowances for the United States Agency for International Development 
during the current fiscal year: Provided, That appropriate steps shall 
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided 
further, That of the funds made available by this Act for general costs 
of administering military assistance and sales under the heading 
``Foreign Military Financing Program'', not to exceed $2,000 shall be 
available for entertainment expenses and not to exceed $125,000 shall be 
available for representation allowances: Provided further, That of the 
funds made available by this Act under the heading ``International 
Military Education and Training'', not to exceed $50,000 shall be 
available for entertainment allowances: Provided further, That of the 
funds made available by this Act for the Inter-American Foundation, not 
to exceed $2,000 shall be available for entertainment and representation 
allowances: Provided further, That of the funds made available by this 
Act for the Peace Corps, not to exceed a total of $4,000 shall be 
available for entertainment expenses: Provided further, That of the 
funds made available by this Act under the heading ``Trade and 
Development Agency'', not to exceed $2,000 shall be available for 
representation and entertainment allowances: Provided further, That of 
the funds made available by this Act under the heading ``Millennium 
Challenge Corporation'', not to exceed $130,000 shall be available for 
representation and entertainment allowances.

[[Page 118 STAT. 168]]

    Sec. 506. (a) Prohibition on Taxation.--None of the funds 
appropriated by this Act may be made available to provide assistance for 
a foreign country under a new bilateral agreement governing the terms 
and conditions under which such assistance is to be provided unless such 
agreement includes a provision stating that assistance provided by the 
United States shall be exempt from taxation, or reimbursed, by the 
foreign government, and the Secretary of State shall expeditiously seek 
to negotiate amendments to existing bilateral agreements, as necessary, 
to conform with this requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200 
percent of the total taxes assessed during fiscal year 2004 on funds 
appropriated by this Act by a foreign government or entity against 
commodities financed under United States assistance programs for which 
funds are appropriated by this Act, either directly or through grantees, 
contractors and subcontractors shall be withheld from obligation from 
funds appropriated for assistance for fiscal year 2005 and allocated for 
the central government of such country and for the West Bank and Gaza 
Program to the extent that the Secretary of State certifies and reports 
in writing to the Committees on Appropriations that such taxes have not 
been reimbursed to the Government of the United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for each 
country or entity pursuant to subsection (b) shall be reprogrammed for 
assistance to countries which do not assess taxes on United States 
assistance or which have an effective arrangement that is providing 
substantial reimbursement of such taxes.
    (e) Determinations.--
            (1) The provisions of this section shall not apply to any 
        country or entity the Secretary of State determines--
                    (A) does not assess taxes on United States 
                assistance or which has an effective arrangement that is 
                providing substantial reimbursement of such taxes; or
                    (B) the foreign policy interests of the United 
                States outweigh the policy of this section to ensure 
                that United States assistance is not subject to 
                taxation.
            (2) The Secretary of State shall consult with the Committees 
        on Appropriations at least 15 days prior to exercising the 
        authority of this subsection with regard to any country or 
        entity.

    (f) Implementation.--The <<NOTE: Regulations.>> Secretary of State 
shall issue rules, regulations, or policy guidance, as appropriate, to 
implement the prohibition against the taxation of assistance contained 
in this section.

    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value 
        added taxes and customs duties imposed on commodities financed 
        with United States assistance for programs for which funds are 
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework 
        bilateral agreement between the Government of the United States 
        and the government of the country receiving assistance

[[Page 118 STAT. 169]]

        that describes the privileges and immunities applicable to 
        United States foreign assistance for such country generally, or 
        an individual agreement between the Government of the United 
        States and such government that describes, among other things, 
        the treatment for tax purposes that will be accorded the United 
        States assistance provided under that agreement.

    (h) Relationship to Prior Law.--Section 579 of division E of Public 
Law 108-7 shall be deemed to have been amended by subsection (f) of this 
section and the modifications made by this section to comparable 
                  provisions contained in section 579.

    Sec. 507. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance or reparations to Cuba, Libya, North Korea, Iran, or 
Syria: Provided, That for purposes of this section, the prohibition on 
obligations or expenditures shall include direct loans, credits, 
    insurance and guarantees of the Export-Import Bank or its agents.

    Sec. 508. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance to the government of any country whose duly elected head 
of government is deposed by decree or military coup: Provided, That 
assistance may be resumed to such government if the President determines 
and certifies to the Committees on Appropriations that subsequent to the 
termination of assistance a democratically elected government has taken 
office: Provided further, That the provisions of this section shall not 
apply to assistance to promote democratic elections or public 
participation in democratic processes: Provided further, That funds made 
available pursuant to the previous provisos shall be subject to the 
  regular notification procedures of the Committees on Appropriations.

    Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--None of 
the funds made available by this Act may be transferred to any 
department, agency, or instrumentality of the United States Government, 
except pursuant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriation Act.
    (2) Notwithstanding paragraph (1), in addition to transfers made by, 
or authorized elsewhere in, this Act, funds appropriated by this Act to 
carry out the purposes of the Foreign Assistance Act of 1961 may be 
allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (b) Transfers Between Accounts.--None of the funds made available by 
this Act may be obligated under an appropriation account to which they 
were not appropriated, except for transfers specifically provided for in 
this Act, unless the President, not less than five days prior to the 
exercise of any authority contained in the Foreign Assistance Act of 
1961 to transfer funds, consults

[[Page 118 STAT. 170]]

with and provides a written policy justification to the Committees on 
Appropriations of the House of Representatives and the Senate.
    (c) Audit of Inter-agency Transfers.--Any agreement for the transfer 
or allocation of funds appropriated by this Act, or prior Acts, entered 
into between the United States Agency for International Development and 
another agency of the United States Government under the authority of 
section 632(a) of the Foreign Assistance Act of 1961 or any comparable 
provision of law, shall expressly provide that the Office of the 
Inspector General for the agency receiving the transfer or allocation of 
such funds shall perform periodic program and financial audits of the 
use of such funds: Provided, That funds transferred under such authority 
           may be made available for the cost of such audits.

    Sec. 510. Notwithstanding any other provision of law, and subject to 
the regular notification procedures of the Committees on Appropriations, 
the authority of section 23(a) of the Arms Export Control Act may be 
used to provide financing to Israel, Egypt and NATO and major non-NATO 
allies for the procurement by leasing (including leasing with an option 
to purchase) of defense articles from United States commercial 
suppliers, not including Major Defense Equipment (other than helicopters 
and other types of aircraft having possible civilian application), if 
the President determines that there are compelling foreign policy or 
national security reasons for those defense articles being provided by 
commercial lease rather than by government-to-government sale under such 
                                  Act.

    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part 
I, section 667, chapter 4 of part II of the Foreign Assistance Act of 
1961, as amended, section 23 of the Arms Export Control Act, and funds 
provided under the heading ``Assistance for Eastern Europe and the 
Baltic States'', shall remain available for an additional 4 years from 
the date on which the availability of such funds would otherwise have 
expired, if such funds are initially obligated before the expiration of 
their respective periods of availability contained in this Act: Provided 
further, That, notwithstanding any other provision of this Act, any 
funds made available for the purposes of chapter 1 of part I and chapter 
4 of part II of the Foreign Assistance Act of 1961 which are allocated 
or obligated for cash disbursements in order to address balance of 
payments or economic policy reform objectives, shall remain available 
                             until expended.

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to the government of any country which is 
in default during a period in excess of one calendar year in payment to 
the United States of principal or interest on any loan made to the 
government of such country by the United

[[Page 118 STAT. 171]]

States pursuant to a program for which funds are appropriated under this 
Act unless the President determines, following consultations with the 
Committees on Appropriations, that assistance to such country is in the 
                 national interest of the United States.

    Sec. 513. (a) None of the funds appropriated or made available 
pursuant to this Act for direct assistance and none of the funds 
otherwise made available pursuant to this Act to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the commodity 
is likely to be in surplus on world markets at the time the resulting 
productive capacity is expected to become operative and if the 
assistance will cause substantial injury to United States producers of 
the same, similar, or competing commodity: Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the judgment 
of its Board of Directors the benefits to industry and employment in the 
United States are likely to outweigh the injury to United States 
producers of the same, similar, or competing commodity, and the Chairman 
of the Board so notifies the Committees on Appropriations.
    (b) None of the funds appropriated by this or any other Act to carry 
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be 
available for any testing or breeding feasibility study, variety 
improvement or introduction, consultancy, publication, conference, or 
training in connection with the growth or production in a foreign 
country of an agricultural commodity for export which would compete with 
a similar commodity grown or produced in the United States: Provided, 
That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact on the export of agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
                               American producers.

    Sec. 514. <<NOTE: 22 USC 262h note. notification requirements>> The 
Secretary of the Treasury shall instruct the United States Executive 
Directors of the International Bank for Reconstruction and Development, 
the International Development Association, the International Finance 
Corporation, the Inter-American Development Bank, the International 
Monetary Fund, the Asian Development Bank, the Inter-American Investment 
Corporation, the North American Development Bank, the European Bank for 
Reconstruction and Development, the African Development Bank, and the 
African Development Fund to use the voice and vote of the United States 
to oppose any assistance by these institutions, using funds appropriated 
or made available pursuant to this Act, for the production or extraction 
of any commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity.

[[Page 118 STAT. 172]]

    Sec. 515. For the purposes of providing the executive branch with 
the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Health Programs 
Fund'', ``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Andean Counterdrug Initiative'', 
``Assistance for Eastern Europe and the Baltic States'', ``Assistance 
for the Independent States of the Former Soviet Union'', ``Economic 
Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping 
Operations'', ``Capital Investment Fund'', ``Operating Expenses of the 
United States Agency for International Development'', ``Operating 
Expenses of the United States Agency for International Development 
Office of Inspector General'', ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', ``Millennium Challenge Corporation'' 
(by country only), ``Foreign Military Financing Program'', 
``International Military Education and Training'', ``Peace Corps'', and 
``Migration and Refugee Assistance'', shall be available for obligation 
for activities, programs, projects, type of materiel assistance, 
countries, or other operations not justified or in excess of the amount 
justified to the Committees on Appropriations for obligation under any 
of these specific headings unless the Committees on Appropriations of 
both Houses of Congress are previously notified 15 days in advance: 
Provided, That the President shall not enter into any commitment of 
funds appropriated for the purposes of section 23 of the Arms Export 
Control Act for the provision of major defense equipment, other than 
conventional ammunition, or other major defense items defined to be 
aircraft, ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 percent in excess of the quantities justified to 
Congress unless the Committees on Appropriations are notified 15 days in 
advance of such commitment: Provided further, That this section shall 
not apply to any reprogramming for an activity, program, or project for 
which funds are appropriated under title II of this Act of less than 10 
percent of the amount previously justified to the Congress for 
obligation for such activity, program, or project for the current fiscal 
year: Provided further, That the requirements of this section or any 
similar provision of this Act or any other Act, including any prior Act 
requiring notification in accordance with the regular notification 
procedures of the Committees on Appropriations, may be waived if failure 
to do so would pose a substantial risk to human health or welfare: 
Provided further, That in case of any such waiver, notification to the 
Congress, or the appropriate congressional committees, shall be provided 
as early as practicable, but in no event later than 3 days after taking 
the action to which such notification requirement was applicable, in the 
context of the circumstances necessitating such waiver: Provided 
further, That any notification provided pursuant to such a waiver shall 
         contain an explanation of the emergency circumstances.

    Sec. 516. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign

[[Page 118 STAT. 173]]

operations, export financing, and related programs, which are returned 
or not made available for organizations and programs because of the 
implementation of section 307(a) of the Foreign Assistance Act of 1961, 
     shall remain available for obligation until September 30, 2005.

    Sec. 517. (a) None of the funds appropriated under the heading 
``Assistance for the Independent States of the Former Soviet Union'' 
shall be made available for assistance for a government of an 
Independent State of the former Soviet Union--
            (1) unless that government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, respect for commercial contracts, 
        and equitable treatment of foreign private investment; and
            (2) if that government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.

Assistance may be furnished without regard to this subsection if the 
President determines that to do so is in the national interest.
    (b) <<NOTE: 22 USC 5814 note.>> None of the funds appropriated under 
the heading ``Assistance for the Independent States of the Former Soviet 
Union'' shall be made available for assistance for a government of an 
Independent State of the former Soviet Union if that government directs 
any action in violation of the territorial integrity or national 
sovereignty of any other Independent State of the former Soviet Union, 
such as those violations included in the Helsinki Final Act: Provided, 
That such funds may be made available without regard to the restriction 
in this subsection if the President determines that to do so is in the 
national security interest of the United States.

    (c) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for any state to enhance its military capability: Provided, 
That this restriction does not apply to demilitarization, demining or 
nonproliferation programs.
    (d) Funds appropriated under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' for the Russian 
Federation, Armenia, Georgia, and Ukraine shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (e) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (f) Funds made available for Enterprise Funds shall be expended at 
the minimum rate necessary to make timely payment for projects and 
activities.
    (g) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated in this Act or prior appropriations Acts 
under the heading ``Assistance for the Independent States of the Former 
Soviet Union'' and under comparable headings in prior appropriations 
Acts, for projects or activities that have as one of their primary 
purposes the fostering of private sector development, the Coordinator 
for United States Assistance to the New Independent States and the 
implementing agency shall encourage the participation of and give 
significant weight to contractors and grantees who propose investing a 
significant amount of their

[[Page 118 STAT. 174]]

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

    Sec. 518. None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide any 
financial incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign Assistance Act 
of 1961, as amended, may be used to pay for any biomedical research 
which relates in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family planning. 
None of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be obligated or expended for any 
country or organization if the President certifies that the use of these 
funds by any such country or organization would violate any of the above 
     provisions related to abortions and involuntary sterilizations.

    Sec. 519. Not to exceed 5 percent of any appropriation other than 
for administrative expenses made available for fiscal year 2004, for 
programs under title I of this Act may be transferred between such 
appropriations for use for any of the purposes, programs, and activities 
for which the funds in such receiving account may be used, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 25 percent by any such transfer: Provided, That 
the exercise of such authority shall be subject to the regular 
      notification procedures of the Committees on Appropriations.

    Sec. 520. None of the funds appropriated by this Act shall be 
obligated or expended for Liberia, Serbia, Sudan, Zimbabwe, Pakistan, 
Cambodia, or the Democratic Republic of the Congo except as provided 
through the regular notification procedures of the Committees on 
                             Appropriations.

    Sec. 521. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the appropriations Act account level and 
shall include all appropriations and authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the United States 
Agency for International Development ``program, project, and activity'' 
shall also be considered to include

[[Page 118 STAT. 175]]

central, country, regional, and program level funding, either as: (1) 
justified to the Congress; or (2) allocated by the executive branch in 
accordance with a report, to be provided to the Committees on 
Appropriations within 30 days of the enactment of this Act, as required 
        by section 653(a) of the Foreign Assistance Act of 1961.

    Sec. 522. Up to $13,500,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Health Programs 
Fund'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of carrying out 
activities under that heading: Provided, That up to $3,500,000 of the 
funds made available by this Act for assistance under the heading 
``Development Assistance'' may be used to reimburse such agencies, 
institutions, and organizations for such costs of such individuals 
carrying out other development assistance activities: Provided further, 
That funds appropriated by titles II and III of this Act that are made 
available for bilateral assistance for child survival activities or 
disease programs including activities relating to research on, and the 
prevention, treatment and control of, HIV/AIDS may be made available 
notwithstanding any other provision of law except for the provisions 
under the heading ``Child Survival and Health Programs Fund'' and the 
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act 
of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended by section 
595 of this Act: Provided further, That of the funds appropriated under 
title II of this Act, not less than $432,000,000 shall be made available 
                for family planning/reproductive health.

    Sec. 523. Of the funds appropriated by this Act, $405,000,000 shall 
be made available for humanitarian and reconstruction assistance for 
Afghanistan: Provided, That of the funds made available pursuant to this 
section, not less than $75,000,000 should be from funds appropriated 
under the heading ``Economic Support Fund'': Provided further, That of 
the funds made available pursuant to this section, not less than 
$2,000,000 should be made available for reforestation activities: 
Provided further, That funds made available pursuant to the previous 
proviso should be matched, to the maximum extent possible, with 
contributions from American and Afghan businesses: Provided further, 
That of the funds made available pursuant to this section, not less than 
$2,000,000 should be made available for the Afghan Judicial Reform 
Commission: Provided further, That of the funds made available pursuant 
to this section, not less than $5,000,000 should be made available to 
support programs to address the needs of Afghan women through training 
and equipment to improve the capacity of women-led Afghan 
nongovernmental organizations and to support the activities of such 
organizations: Provided further, That not less than $2,000,000 should be 
made available for assistance for Afghan

[[Page 118 STAT. 176]]

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

    Sec. 524. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 1961, 
the Department of Defense shall notify the Committees on Appropriations 
to the same extent and under the same conditions as are other committees 
pursuant to subsection (f) of that section: Provided, That before 
issuing a letter of offer to sell excess defense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in accordance with the regular notification 
procedures of such Committees if such defense articles are significant 
military equipment (as defined in section 47(9) of the Arms Export 
Control Act) or are valued (in terms of original acquisition cost) at 
$7,000,000 or more, or if notification is required elsewhere in this Act 
for the use of appropriated funds for specific countries that would 
receive such excess defense articles: Provided further, That such 
Committees shall also be informed of the original acquisition cost of 
                         such defense articles.

    Sec. 525. <<NOTE: 22 USC 3948 note. democracy programs>> Funds 
appropriated by this and subsequent appropriations Acts to carry out the 
provisions of part I of the Foreign Assistance Act of 1961, including 
funds appropriated under the heading ``Assistance for Eastern Europe and 
the Baltic States'', may be made available to employ individuals 
overseas on a limited appointment basis pursuant to the authority of 
sections 308 and 309 of the Foreign Service Act of 1980: Provided, That 
in fiscal years 2004, 2005, and 2006 the authority of this section may 
     be used to hire not more than 85 individuals in each such year.

    Sec. 526. (a) Notwithstanding any other provision of law, of the 
funds appropriated by this Act to carry out the provisions of chapter 4 
of part II of the Foreign Assistance Act of 1961, not less than 
$13,500,000 shall be made available for assistance for activities to 
support democracy, human rights, and the rule of law in the People's 
Republic of China and Hong Kong: Provided, That funds appropriated under 
the heading ``Economic Support Fund'' should be made available for 
assistance for Taiwan for the purposes of furthering political and legal 
reforms: Provided further, That such funds shall only be made available 
to the extent that they are matched from sources other than the United 
States Government: Provided further, That funds made available pursuant 
to the authority of this subsection shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (b)(1) In addition to the funds made available in subsection (a), of 
the funds appropriated by this Act under the heading ``Economic Support 
Fund'' not less than $11,500,000 shall be made available for programs 
and activities to foster democracy, human rights, civic education, 
women's development, press freedom, and the rule of law in countries 
with a significant Muslim population, and where such programs and 
activities would be important to

[[Page 118 STAT. 177]]

United States efforts to respond to, deter, or prevent acts of 
international terrorism: Provided, That funds made available pursuant to 
the authority of this subsection should support new initiatives or 
bolster ongoing programs and activities in those countries: Provided 
further, That not less than $3,000,000 of such funds shall be made 
available for programs and activities that provide professional training 
for journalists: Provided further, That of the funds appropriated under 
this heading, in addition to other amounts made available for Egypt in 
this Act, funds shall be made available to support civil society 
organizations working for democracy in Egypt: Provided further, That 
notwithstanding any other provision of law, not to exceed $1,500,000 of 
such funds may be used for making grants to educational, humanitarian 
and nongovernmental organizations and individuals inside Iran to support 
the advancement of democracy and human rights in Iran: Provided further, 
That funds made available pursuant to this subsection shall be subject 
to the regular notification procedures of the Committees on 
Appropriations.
    (2) In addition to funds made available under subsections (a) and 
(b)(1), of the funds appropriated by this Act under the heading 
``Economic Support Fund'' not less than $3,000,000 shall be made 
available for programs and activities of the National Endowment for 
Democracy to foster democracy, human rights, civic education, women's 
development, press freedom, and the rule of law in countries in sub-
Saharan Africa.
    (c) Of the funds made available under subsection (a), not less than 
$10,500,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State, to support the activities described in subsection (a), and of the 
funds made available under subsection (b), not less than $7,000,000 
shall be made available for such Fund to support the activities 
described in subsection (b): Provided, That the total amount of funds 
made available by this Act under ``Economic Support Fund'' for 
activities of the Bureau of Democracy, Human Rights and Labor, 
Department of State, including funds available in this section, shall be 
not less than $34,500,000.
    (d) Of the funds made available under subsection (a), not less than 
$3,000,000 shall be made available for the National Endowment for 
Democracy to support the activities described in subsection (a), and of 
the funds made available under subsection (b), not less than $3,500,000 
shall be made available for the National Endowment for Democracy to 
support the activities described in subsection (b): 
Provided, <<NOTE: Reports. Deadline. PROHIBITION ON BILATERAL ASSISTANCE 
TO TERRORIST COUNTRIES>> That the Secretary of State shall provide a 
report to the Committees on Appropriations within 120 days of the date 
of enactment of this Act on the status of the allocation, obligation, 
                     and expenditure of such funds.

    Sec. 527. (a) Funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such heading in a 
provision of law enacted prior to the enactment of this Act, shall not 
be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.

[[Page 118 STAT. 178]]

    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. <<NOTE: Federal Register, 
publication. DEBT-FOR-DEVELOPMENT>> The President shall publish each 
waiver in the Federal Register and, at least 15 days before the waiver 
takes effect, shall notify the Committees on Appropriations of the 
waiver (including the justification for the waiver) in accordance with 
the regular notification procedures of the Committees on Appropriations.

    Sec. 528. In order to enhance the continued participation of 
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or 
contractor of the United States Agency for International Development may 
place in interest bearing accounts local currencies which accrue to that 
organization as a result of economic assistance provided under title II 
of this Act and any interest earned on such investment shall be used for 
 the purpose for which the assistance was provided to that organization.

    Sec. <<NOTE: 22 USC 2362 note.>> 529. (a) Separate Accounts for 
Local Currencies.--(1) If assistance is furnished to the government of a 
foreign country under chapters 1 and 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961 under agreements which result 
in the generation of local currencies of that country, the Administrator 
of the United States Agency for International Development shall--
            (A) require that local currencies be deposited in a separate 
        account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated; and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent with 
                this section; and
            (C) establish by agreement with that government the 
        responsibilities of the United States Agency for International 
        Development and that government to monitor and account for 
        deposits into and disbursements from the separate account.

    (2) Uses of local currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local currencies, 
shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities; or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United States 
        Government.

    (3) Programming accountability.--The United States Agency for 
International Development shall take all necessary steps to ensure that 
the equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established

[[Page 118 STAT. 179]]

pursuant to subsection (a)(1) are used for the purposes agreed upon 
pursuant to subsection (a)(2).
    (4) Termination of assistance programs.--Upon termination of 
assistance to a country under chapter 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    (5) Reporting requirement.--The Administrator of the United States 
Agency for International Development shall report on an annual basis as 
part of the justification documents submitted to the Committees on 
Appropriations on the use of local currencies for the administrative 
requirements of the United States Government as authorized in subsection 
(a)(2)(B), and such report shall include the amount of local currency 
(and United States dollar equivalent) used and/or to be used for such 
purpose in each applicable country.
    (b) Separate Accounts for Cash Transfers.--(1) If assistance is made 
available to the government of a foreign country, under chapter 1 or 10 
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, 
as cash transfer assistance or as nonproject sector assistance, that 
country shall be required to maintain such funds in a separate account 
and not commingle them with any other funds.
    (2) Applicability of other provisions of law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the Committee 
of Conference accompanying House Joint Resolution 648 (House Report No. 
98-1159).
    (3) Notification.--At least 15 days prior to obligating any such 
cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of the 
Committees on Appropriations, which shall include a detailed description 
of how the funds proposed to be made available will be used, with a 
discussion of the United States interests that will be served by the 
assistance (including, as appropriate, a description of the economic 
policy reforms that will be promoted by such assistance).
    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the notification 
             procedures of the Committees on Appropriations.

    Sec. 530. <<NOTE: President. burma>> Prior to the distribution of 
any assets resulting from any liquidation, dissolution, or winding up of 
an Enterprise Fund, in whole or in part, the President shall submit to 
the Committees on Appropriations, in accordance with the regular 
notification procedures of the Committees on Appropriations, a plan for 
the distribution of the assets of the Enterprise Fund.

[[Page 118 STAT. 180]]

    Sec. 531. (a) <<NOTE: 50 USC 1701 note.>> The Secretary of the 
Treasury shall instruct the United States executive director to each 
appropriate international financial institution in which the United 
States participates, to oppose and vote against the extension by such 
institution of any loan or financial or technical assistance or any 
other utilization of funds of the respective bank to and for Burma.

    (b) Of the funds appropriated under the heading ``Economic Support 
Fund'', not less than $13,000,000 shall be made available to support 
democracy activities in Burma, along the Burma-Thailand border, for 
activities of Burmese student groups and other organizations located 
outside Burma, and for the purpose of supporting the provision of 
humanitarian assistance to displaced Burmese along Burma's borders: 
Provided, That of this amount $500,000 should be made available to 
support newspapers, publications, and other media activities promoting 
democracy inside Burma: Provided further, That funds made available 
under this heading may be made available notwithstanding any other 
provision of law: Provided further, That $5,000,000 shall be allocated 
to the United States Agency for International Development for 
humanitarian assistance for displaced Burmese and host communities in 
Thailand: Provided further, That not more than 60 days after enactment 
of this Act, the Secretary of State, in consultation with the 
Administrator of the United States Agency for International Development, 
shall submit a report to the Committees on Appropriations describing the 
amount and rate of disbursement of fiscal years 2002 and 2003 funding 
for HIV/AIDS programs and activities in Burma, the estimated amount of 
funds expended by the State Peace and Development Council (SPDC) on HIV/
AIDS programs and activities in calendar years 2001, 2002, and 2003, and 
the extent to which international nongovernmental organizations are able 
to conduct HIV/AIDS programs throughout Burma, including the ability of 
expatriate staff to freely travel through the country and to conduct 
programmatic oversight independent of SPDC handling and monitoring: 
Provided further, That funds made available by this section shall be 
subject to the regular notification procedures of the Committees on 
Appropriations.
    (c) It is the sense of the Congress that the United Nations Security 
Council should debate and consider sanctions against Burma as a result 
of the threat to regional stability and peace posed by the repressive 
    and illegitimate rule of the State Peace and Development Council.

    Sec. 532. Unless expressly provided to the contrary, provisions of 
this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act or the African Development Foundation Act. 
The agency shall promptly report to the Committees on Appropriations 
whenever it is conducting activities or is proposing to conduct 
activities in a country for which assistance is prohibited.

[[Page 118 STAT. 181]]

    Sec. 533. None of the funds appropriated by this Act may be 
obligated or expended to provide--
            (1) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States; or
            (2) assistance for any program, project, or activity that 
        contributes to the violation of internationally recognized 
        workers rights, as defined in section 507(4) of the Trade Act of 
        1974, of workers in the recipient country, including any 
        designated zone or area in that country: Provided, That the 
        application of section 507(4)(D) and (E) of such Act should be 
        commensurate with the level of development of the recipient 
        country and sector, and shall not preclude assistance for the 
        informal sector in such country, micro and small-scale 
                    enterprise, and smallholder agriculture.

    Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, Victims of 
War, Displaced Children, and Displaced Burmese.--Funds appropriated by 
this Act that are made available for assistance for Afghanistan may be 
made available notwithstanding section 512 of this Act or any similar 
provision of law and section 660 of the Foreign Assistance Act of 1961, 
and funds appropriated in titles I and II of this Act that are made 
available for Lebanon, Montenegro, Pakistan, and for victims of war, 
displaced children, and displaced Burmese, and to assist victims of 
trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.
    (b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections 
103 through 106, and chapter 4 of part II, of the Foreign Assistance Act 
of 1961 may be used, notwithstanding any other provision of law, for the 
purpose of supporting tropical forestry and biodiversity conservation 
activities and energy programs aimed at reducing greenhouse gas 
emissions: Provided, That such assistance shall be subject to sections 
116, 502B, and 620A of the Foreign Assistance Act of 1961.
    (c) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by the United 
States Agency for International Development to employ up to 25 personal 
services contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim support 
for new or expanded overseas programs and activities managed by the 
agency until permanent direct hire personnel are hired and trained: 
Provided, That not more than 10 of such contractors shall be assigned to 
any bureau or office: Provided further, That such funds appropriated to 
carry out title II of the Agricultural Trade Development

[[Page 118 STAT. 182]]

and Assistance Act of 1954, may be made available only for personal 
services contractors assigned to the Office of Food for Peace.
    (d)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the President 
pro tempore of the Senate that it is important to the national security 
interests of the United States.
    (2) Period of application of waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (f) Shipment of Humanitarian Assistance.--During <<NOTE: 22 USC 
2151u note.>> fiscal year 2004 and each fiscal year thereafter, of the 
amounts made available by the United States Agency for International 
Development to carry out the provisions of section 123(b) of the Foreign 
Assistance Act of 1961, funds may be made available to nongovernmental 
organizations for administrative costs necessary to implement a program 
to obtain available donated space on commercial ships for the shipment 
of humanitarian assistance overseas.

    (g) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (h) National Endowment for Democracy.--Funds appropriated by this 
Act that are provided to the National Endowment for Democracy may be 
provided notwithstanding any other provision of law or regulation.
    (i) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of the United States 
Agency for International Development, from this or any other Act, not 
less than $6,000,000 shall be made available as a general contribution 
to the World Food Program, notwithstanding any other provision of law.
    (j) Sudan.--For <<NOTE: 50 USC 1701 note.>> the purposes of section 
501 of Public Law 106-570, the terms ``areas outside of control of the 
Government of Sudan'' and ``area in Sudan outside of control of the 
Government of Sudan'' shall, upon conclusion of a peace agreement 
between the Government of Sudan and the Sudan People's Liberation 
Movement, have the same meaning and application as was the case 
immediately prior to the conclusion of such agreement.

    (k) Programs.--Of the funds appropriated under ``Economic Support 
Fund'' for Middle East regional programs, up to $5,000,000 may be made 
available for programs and activities of the Yitzhak Rabin Center for 
Israel Studies in Tel Aviv, Israel, and up to $5,000,000 may be made 
available for programs and activities of the Center for Human Dignity 
Museum of Tolerance in Jerusalem.

[[Page 118 STAT. 183]]

    Sec. 535. It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary 
        boycott of American firms that have commercial ties with Israel, 
        is an impediment to peace in the region and to United States 
        investment and trade in the Middle East and North Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of Israel 
        immediately disbanded;
            (3) the three Arab League countries with diplomatic and 
        trade relations with Israel should return their ambassadors to 
        Israel, should refrain from downgrading their relations with 
        Israel, and should play a constructive role in securing a 
        peaceful resolution of the Israeli-Arab conflict;
            (4) the remaining Arab League states should normalize 
        relations with their neighbor Israel;
            (5) the President and the Secretary of State should continue 
        to vigorously oppose the Arab League boycott of Israel and find 
        concrete steps to demonstrate that opposition by, for example, 
        taking into consideration the participation of any recipient 
        country in the boycott when determining to sell weapons to said 
        country; and
            (6) the President should report to Congress annually on 
        specific steps being taken by the United States to encourage 
        Arab League states to normalize their relations with Israel to 
        bring about the termination of the Arab League boycott of 
        Israel, including those to encourage allies and trading partners 
        of the United States to enact laws prohibiting businesses from 
        complying with the boycott and penalizing businesses that do 
                                     comply.

    Sec. 536. <<NOTE: 22 USC 2364c note. eligibility for assistance>> Of 
the funds appropriated or otherwise made available by this Act or any 
subsequent Act for ``Economic Support Fund'', assistance may be provided 
to strengthen the administration of justice in countries in Latin 
America and the Caribbean and in other regions consistent with the 
provisions of section 534(b) of the Foreign Assistance Act of 1961, 
except that programs to enhance protection of participants in judicial 
cases may be conducted notwithstanding section 660 of that Act. Funds 
made available pursuant to this section may be made available 
notwithstanding section 534(c) and the second and third sentences of 
          section 534(e) of the Foreign Assistance Act of 1961.

    Sec. 537. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Assistance 
for Eastern Europe and the Baltic States'': Provided, That before using 
the authority

[[Page 118 STAT. 184]]

of this subsection to furnish assistance in support of programs of 
nongovernmental organizations, the President shall notify the Committees 
on Appropriations under the regular notification procedures of those 
committees, including a description of the program to be assisted, the 
assistance to be provided, and the reasons for furnishing such 
assistance: Provided further, That nothing in this subsection shall be 
construed to alter any existing statutory prohibitions against abortion 
or involuntary sterilizations contained in this or any other Act.
    (b) Public Law 480.--During fiscal year 2004, restrictions contained 
in this or any other Act with respect to assistance for a country shall 
not be construed to restrict assistance under the Agricultural Trade 
Development and Assistance Act of 1954: Provided, That none of the funds 
appropriated to carry out title I of such Act and made available 
pursuant to this subsection may be obligated or expended except as 
provided through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
                    internationally recognized human rights.

    Sec. 538. (a) Funds appropriated by this Act which are earmarked may 
be reprogrammed for other programs within the same account 
notwithstanding the earmark if compliance with the earmark is made 
impossible by operation of any provision of this or any other Act: 
Provided, That any such reprogramming shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That assistance that is reprogrammed pursuant to this 
subsection shall be made available under the same terms and conditions 
as originally provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the United States Agency for International Development 
that are earmarked for particular programs or activities by this or any 
other Act shall be extended for an additional fiscal year if the 
Administrator of such agency determines and reports promptly to the 
Committees on Appropriations that the termination of assistance to a 
country or a significant change in circumstances makes it unlikely that 
such earmarked funds can be obligated during the original period of 
availability: Provided, That such earmarked funds that are continued 
available for an additional fiscal year shall be obligated only for the 
                        purpose of such earmark.

    Sec. 539. Ceilings and earmarks contained in this Act shall not be 
applicable to funds or authorities appropriated or otherwise made 
available by any subsequent Act unless such Act specifically so directs. 
Earmarks or minimum funding requirements contained

[[Page 118 STAT. 185]]

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

    Sec. 540. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes within the United States 
not authorized before the date of the enactment of this Act by the 
Congress: Provided, That not to exceed $750,000 may be made available to 
      carry out the provisions of section 316 of Public Law 96-533.

    Sec. 541. None of the funds appropriated or made available pursuant 
to this Act for carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrearages, or dues of 
any member of the United Nations or, from funds appropriated by this Act 
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, 
the costs for participation of another country's delegation at 
international conferences held under the auspices of multilateral or 
                      international organizations.

    Sec. 542. None of the funds appropriated or made available pursuant 
to this Act shall be available to a nongovernmental organization which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the United States Agency for 
                       International Development.

    Sec. 543. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 6(j) of the Export Administration 
Act. <<NOTE: Termination.>> The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military 
equipment. <<NOTE: Applicability.>> This section applies with respect to 
lethal military equipment provided under a contract entered into after 
October 1, 1997.

    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of the 
United States.
    (c) Whenever the waiver authority of subsection (b) is exercised, 
the President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance to be 
provided, including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States national 
interests.

[[Page 118 STAT. 186]]

    Sec. 544. (a) Subject to subsection (c), of the funds appropriated 
by this Act that are made available for assistance for a foreign 
country, an amount equal to 110 percent of the total amount of the 
unpaid fully adjudicated parking fines and penalties owed by such 
country shall be withheld from obligation for such country until the 
Secretary of State submits a certification to the appropriate 
congressional committees stating that such parking fines and penalties 
are fully paid.
    (b) Funds withheld from obligation pursuant to subsection (a) may be 
made available for other programs or activities funded by this Act, 
after consultation with and subject to the regulation notification 
procedures of the appropriate congressional committees, provided that no 
such funds shall be made available for assistance to the central 
government of a foreign country that has not paid the total amount of 
the fully adjudicated parking fines and penalties owed by such country.
    (c) Subsection (a) shall not include amounts that have been withheld 
under any other provision of law.
    (d) The Secretary of State may waive the requirements set forth in 
subsection (a) no sooner than 60 days from the date of enactment of this 
Act, or at any time with respect to a particular country, if the 
Secretary determines that it is in the national interests of the United 
States to do so.
    (e) <<NOTE: Deadline. Reports.>> Not later than 6 months after the 
initial exercise of the waiver authority in subsection (d), the 
Secretary of State, after consultations with the City of New York, shall 
submit a report to the Committees on Appropriations describing a 
strategy, including a timetable and steps currently being taken, to 
collect the parking fines and penalties owed by nations receiving 
foreign assistance under this Act.

    (f) In this section:
            (1) The term ``appropriate congressional committees'' means 
        the Committee on Appropriations of the Senate and the Committee 
        on Appropriations of the House of Representatives.
            (2) The term ``fully adjudicated'' includes circumstances in 
        which the person to whom the vehicle is registered--
                    (A)(i) has not responded to the parking violation 
                summons; or
                    (ii) has not followed the appropriate adjudication 
                procedure to challenge the summons; and
                    (B) the period of time for payment of or challenge 
                to the summons has lapsed.
            (3) The term ``parking fines and penalties'' means parking 
        fines and penalties--
                    (A) owed to--
                          (i) the District of Columbia; or
                          (ii) New York, New York; and
                    (B) incurred during the period April 1, 1997 through 
                                   September 30, 2003.

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

[[Page 118 STAT. 187]]

for the West Bank and Gaza unless the President has exercised the 
authority under section 604(a) of the Middle East Peace Facilitation Act 
of 1995 (title VI of Public Law 104-107) or any other legislation to 
suspend or make inapplicable section 307 of the Foreign Assistance Act 
of 1961 and that suspension is still in effect: Provided, That if the 
President fails to make the certification under section 604(b)(2) of the 
Middle East Peace Facilitation Act of 1995 or to suspend the prohibition 
under other legislation, funds appropriated by this Act may not be 
obligated for assistance for the Palestine Liberation Organization for 
                         the West Bank and Gaza.

    Sec. 546. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as 
amended, of up to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to the former 
Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish or authorize to 
deal with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof: Provided, That the determination 
required under this section shall be in lieu of any determinations 
otherwise required under section 552(c): Provided further, That the 
drawdown made under this section for any tribunal shall not be construed 
as an endorsement or precedent for the establishment of any standing or 
permanent international criminal tribunal or court: Provided further, 
That funds made available for tribunals other than Yugoslavia, Rwanda, 
or the Special Court for Sierra Leone shall be made available subject to 
the regular notification procedures of the Committees on Appropriations.

    Sec. 547. Notwithstanding any other provision of law, demining 
equipment available to the United States Agency for International 
Development and the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for humanitarian purposes 
may be disposed of on a grant basis in foreign countries, subject to 
        such terms and conditions as the President may prescribe.

    Sec. 548. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office of 
any department or agency of the United States Government for the purpose 
of conducting official United States Government business with the 
Palestinian Authority over Gaza and Jericho or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles,

[[Page 118 STAT. 188]]

for the purpose of conducting official United States Government business 
with such authority should continue to take place in locations other 
than Jerusalem. As has been true in the past, officers and employees of 
the United States Government may continue to meet in Jerusalem on other 
subjects with Palestinians (including those who now occupy positions in 
the Palestinian Authority), have social contacts, and have incidental 
                              discussions.

    Sec. 549. None of the funds appropriated or otherwise made available 
by this Act under the heading ``International Military Education and 
Training'' or ``Foreign Military Financing Program'' for Informational 
Program activities or under the headings ``Child Survival and Health 
Programs Fund'', ``Development Assistance'', and ``Economic Support 
Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
                    musical productions, and amusement parks.

    Sec. 550. None of the funds appropriated by this Act may be made 
available to pay any voluntary contribution of the United States to the 
United Nations (including the United Nations Development Program) if the 
United Nations implements or imposes any taxation on any United States 
                                persons.

    Sec. 551. The Government of Haiti shall be eligible to purchase 
defense articles and services under the Arms Export Control Act (22 
               U.S.C. 2751 et seq.), for the Coast Guard.

    Sec. 552. (a) Prohibition of Funds.--None of the funds appropriated 
by this Act to carry out the provisions of chapter 4 of part II of the 
Foreign Assistance Act of 1961 may be obligated or expended with respect 
to providing funds to the Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) shall not 
apply if the President certifies in writing to the Speaker of the House 
of Representatives and the President pro tempore of the Senate that 
waiving such prohibition is important to the national security interests 
of the United States.
    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations detailing the steps the Palestinian Authority has 
taken to arrest terrorists, confiscate weapons and dismantle the 
terrorist infrastructure. The report shall also

[[Page 118 STAT. 189]]

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

    Sec. 553. None of the funds made available by this Act may be 
provided to any unit of the security forces of a foreign country if the 
Secretary of State has credible evidence that such unit has committed 
gross violations of human rights, unless the Secretary determines and 
reports to the Committees on Appropriations that the government of such 
country is taking effective measures to bring the responsible members of 
the security forces unit to justice: Provided, That nothing in this 
section shall be construed to withhold funds made available by this Act 
from any unit of the security forces of a foreign country not credibly 
alleged to be involved in gross violations of human rights: Provided 
further, That in the event that funds are withheld from any unit 
pursuant to this section, the Secretary of State shall promptly inform 
the foreign government of the basis for such action and shall, to the 
maximum extent practicable, assist the foreign government in taking 
effective measures to bring the responsible members of the security 
                           forces to justice.

    Sec. 554. The annual foreign military training report required by 
section 656 of the Foreign Assistance Act of 1961 shall be submitted by 
the Secretary of Defense and the Secretary of State to the Committees on 
Appropriations of the House of Representatives and the Senate by the 
                     date specified in that section.

    Sec. 555. (a) Funding.--Of the funds appropriated under the heading 
``Development Assistance'', not less than $155,000,000 shall be made 
available for programs and activities which directly protect 
biodiversity, including forests, in developing countries, of which 
$1,500,000 should be made available to improve the capacity of 
indigenous groups and local environmental organizations and law 
enforcement agencies to protect the biodiversity of indigenous reserves 
in the Amazon Basin region of Brazil, which amount shall be in addition 
to the amount requested in this Act for assistance for Brazil for fiscal 
year 2004: Provided, That not later than 1 year after enactment of this 
Act, the Secretary of State, in coordination with the Administrator of 
the United States Agency for International Development and other 
appropriate departments and agencies, and after consultation with 
appropriate governments and nongovernmental organizations, shall submit 
to the Committees on Appropriations a strategy for biodiversity 
conservation in the Amazon Basin region of South America: Provided 
further, That of the funds appropriated under the headings ``Development 
Assistance'' and ``Andean Counterdrug Initiative'', funds shall be made 
available in fiscal year 2004 to develop the strategy described in the 
previous proviso: Provided further, That of the funds appropriated by 
this Act, not less than $180,000,000 shall be made available to support 
policies and programs in developing countries that directly: (1) promote 
a wide range of energy conservation, energy efficiency and clean energy 
programs and activities,

[[Page 118 STAT. 190]]

including the transfer of clean and environmentally sustainable energy 
technologies; (2) measure, monitor, and reduce greenhouse gas emissions; 
(3) increase carbon sequestration activities; and (4) enhance climate 
change mitigation and adaptation programs.
    (b) Climate Change Report.--Not <<NOTE: Deadline.>> later than 45 
days after the date on which the President's fiscal year 2005 budget 
request is submitted to Congress, the President shall submit a report to 
the Committees on Appropriations describing in detail the following--
            (1) all Federal agency obligations and expenditures, 
        domestic and international, for climate change programs and 
        activities in fiscal year 2004, including an accounting of 
        expenditures by agency with each agency identifying climate 
        change activities and associated costs by line item as presented 
        in the President's Budget Appendix; and
            (2) all fiscal year 2003 obligations and estimated 
        expenditures, fiscal year 2004 estimated expenditures and 
        estimated obligations, and fiscal year 2005 requested funds by 
        the United States Agency for International Development, by 
        country and central program, for each of the following: (i) to 
        promote the transfer and deployment of a wide range of United 
        States clean energy and energy efficiency technologies; (ii) to 
        assist in the measurement, monitoring, reporting, verification, 
        and reduction of greenhouse gas emissions; (iii) to promote 
        carbon capture and sequestration measures; (iv) to help meet 
        such countries' responsibilities under the Framework Convention 
        on Climate Change; and (v) to develop assessments of the 
        vulnerability to impacts of climate change and mitigation and 
                         adaptation response strategies.

    Sec. 556. Funds appropriated by this Act under the heading 
``Economic Support Fund'' that are requested for ``Regional Democracy'' 
assistance for East Asia and the Pacific shall be made available for the 
Human Rights and Democracy Fund of the Bureau for Democracy, Human 
                 Rights and Labor, Department of State.

    Sec. 557. <<NOTE: 22 USC 2151 note. TIBET>> The Secretary of the 
Treasury shall instruct the United States executive director to each 
international financial institution to vote against any extension by the 
respective institution of any loans, to the Government of Zimbabwe, 
except to meet basic human needs or to promote democracy, unless the 
Secretary of State determines and certifies to the Committees on 
Appropriations that the rule of law has been restored in Zimbabwe, 
including respect for ownership and title to property, freedom of speech 
                            and association.

    Sec. 558. (a) The Secretary of the Treasury should instruct the 
United States executive director to each international financial 
institution to use the voice and vote of the United States to support 
projects in Tibet if such projects do not provide incentives for the 
migration and settlement of non-Tibetans into Tibet or facilitate the 
transfer of ownership of Tibetan land and natural resources

[[Page 118 STAT. 191]]

to non-Tibetans; are based on a thorough needs-assessment; foster self-
sufficiency of the Tibetan people and respect Tibetan culture and 
traditions; and are subject to effective monitoring.
    (b) Notwithstanding any other provision of law, not less than 
$4,000,000 of the funds appropriated by this Act under the heading 
``Economic Support Fund'' shall be made available to nongovernmental 
organizations to support activities which preserve cultural traditions 
and promote sustainable development and environmental conservation in 
Tibetan communities in the Tibetan Autonomous Region and in other 
                      Tibetan communities in China.

    Sec. 559. Funds appropriated by this Act may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 and section 15 
         of the State Department Basic Authorities Act of 1956.

    Sec. 560. None of the funds appropriated under the headings 
``International Military Education and Training'' and ``Foreign Military 
Financing Program'' may be made available for assistance for Nigeria 
until the President certifies to the Committees on Appropriations that 
the Nigerian Minister of Defense, the Chief of the Army Staff, and the 
Minister of State for Defense/Army are suspending from the Armed Forces 
those members, of whatever rank, against whom there is credible evidence 
of gross violations of human rights in Benue State in October 2001, and 
the Government of Nigeria and the Nigerian Armed Forces are taking 
effective measures to bring such individuals to justice: Provided, That 
the President may waive such prohibition if he determines that doing so 
is in the national security interest of the United States: Provided 
further, That prior to exercising such waiver authority, the President 
shall submit a report to the Committees on Appropriations describing the 
involvement of the Nigerian Armed Forces in the incident in Benue State, 
the measures that are being taken to bring such individuals to justice, 
and whether any Nigerian Armed Forces units involved with the incident 
         in Benue State are receiving United States assistance.

    Sec. 561. (a) The Secretary of the Treasury should instruct the 
United States executive directors of the international financial 
institutions to use the voice and vote of the United States to oppose 
loans to the Central Government of Cambodia, except loans to meet basic 
human needs.
    (b)(1) None of the funds appropriated by this Act may be made 
available for assistance for the Central Government of Cambodia.
    (2) Paragraph (1) shall not apply to assistance for basic education, 
reproductive and maternal and child health, cultural and historic 
preservation, programs for the prevention, treatment, and control of, 
and research on, HIV/AIDS, tuberculosis, malaria, polio and other 
infectious diseases, programs to combat human trafficking that are 
provided through nongovernmental organizations, and for

[[Page 118 STAT. 192]]

the Ministry of Women and Veterans Affairs to combat human trafficking.
    (c) Of the funds appropriated by this Act under the heading 
``Economic Support Fund'', up to $4,000,000 may be made available for 
activities to support democracy, including assistance for democratic 
political parties.
    (d) Funds appropriated by this Act to carry out provisions of 
section 541 of the Foreign Assistance Act of 1961 may be made available 
notwithstanding subsection (b) only if at least 15 days prior to the 
obligation of such funds, the Secretary of State provides to the 
Committees on Appropriations a list of those individuals who have been 
credibly alleged to have ordered or carried out extrajudicial and 
political killings that occurred during the March 1997 grenade attack 
against the Khmer Nation Party, the July 1997 coup d'etat, and election 
related violence that occurred during the 1998, 2002, and 2003 elections 
in Cambodia.
    (e) None of the funds appropriated or otherwise made available by 
this Act may be used to provide assistance to any tribunal established 
                     by the Government of Cambodia.

    Sec. 562. (a) Limitation on Assistance.--None of the funds 
appropriated by this Act may be provided to support a Palestinian state 
unless the Secretary of State determines and certifies to the 
appropriate congressional committees that--
            (1) a new leadership of a Palestinian governing entity has 
        been democratically elected through credible and competitive 
        elections;
            (2) the elected governing entity of a new Palestinian 
        state--
                    (A) has demonstrated a firm commitment to peaceful 
                co-existence with the State of Israel;
                    (B) is taking appropriate measures to counter 
                terrorism and terrorist financing in the West Bank and 
                Gaza, including the dismantling of terrorist 
                infrastructures; and
                    (C) is establishing a new Palestinian security 
                entity that is cooperative with appropriate Israeli and 
                other appropriate security organizations; and
            (3) the Palestinian Authority (or the governing body of a 
        new Palestinian state) is working with other countries in the 
        region to vigorously pursue efforts to establish a just, 
        lasting, and comprehensive peace in the Middle East that will 
        enable Israel and an independent Palestinian state to exist 
        within the context of full and normal relationships, which 
        should include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgement of the 
                sovereignty, territorial integrity, and political 
                independence of every state in the area through measures 
                including the establishment of demilitarized zones;
                    (C) their right to live in peace within secure and 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways in the area; and
                    (E) a framework for achieving a just settlement of 
                the refugee problem.

    (b) Sense of Congress.--It is the sense of Congress that the newly 
elected governing entity should enact a constitution

[[Page 118 STAT. 193]]

assuring the rule of law, an independent judiciary, and respect for 
human rights for its citizens, and should enact other laws and 
regulations assuring transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if he determines 
that it is vital to the national security interests of the United States 
to do so.
    (d) Exemption.--The restriction in subsection (a) shall not apply to 
assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or a newly elected governing entity, in order 
to help meet the requirements of subsection (a), consistent with the 
provisions of section 552 of this Act (``Limitation on Assistance to the 
                        Palestinian Authority'').

    Sec. 563. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this 
Act that are available for assistance for the Colombian Armed Forces, 
may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated prior to 
        a determination and certification by the Secretary of State 
        pursuant to paragraph (2).
            (2) Up to 12.5 percent of such funds may be obligated only 
        after the Secretary of State certifies and reports to the 
        appropriate congressional committees that:
                    (A) The Commander General of the Colombian Armed 
                Forces is suspending from the Armed Forces those 
                members, of whatever rank who, according to the Minister 
                of Defense or the Procuraduria General de la Nacion, 
                have been credibly alleged to have committed gross 
                violations of human rights, including extra-judicial 
                killings, or to have aided or abetted paramilitary 
                organizations.
                    (B) The Colombian Government is vigorously 
                investigating and prosecuting those members of the 
                Colombian Armed Forces, of whatever rank, who have been 
                credibly alleged to have committed gross violations of 
                human rights, including extra-judicial killings, or to 
                have aided or abetted paramilitary organizations, and is 
                promptly punishing those members of the Colombian Armed 
                Forces found to have committed such violations of human 
                rights or to have aided or abetted paramilitary 
                organizations.
                    (C) The Colombian Armed Forces have made substantial 
                progress in cooperating with civilian prosecutors and 
                judicial authorities in such cases (including providing 
                requested information, such as the identity of persons 
                suspended from the Armed Forces and the nature and cause 
                of the suspension, and access to witnesses, relevant 
                military documents, and other requested information).
                    (D) The Colombian Armed Forces have made substantial 
                progress in severing links (including denying access to 
                military intelligence, vehicles, and other equipment or 
                supplies, and ceasing other forms of active or tacit 
                cooperation) at the command, battalion, and brigade 
                levels, with paramilitary organizations, especially in 
                regions where these organizations have a significant 
                presence.
                    (E) The Colombian Armed Forces are dismantling 
                paramilitary leadership and financial networks by 
                arresting

[[Page 118 STAT. 194]]

                commanders and financial backers, especially in regions 
                where these networks have a significant presence.
            (3) The balance of such funds may be obligated after July 
        31, 2004, if the Secretary of State certifies and reports to the 
        appropriate congressional committees, after such date, that the 
        Colombian Armed Forces are continuing to meet the conditions 
        contained in paragraph (2) and are conducting vigorous 
        operations to restore government authority and respect for human 
        rights in areas under the effective control of paramilitary and 
        guerrilla organizations.

    (b) Congressional Notification.--Funds made available by this Act 
for the Colombian Armed Forces shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (c) Consultative Process.--Not <<NOTE: Deadlines.>> later than 60 
days after the date of enactment of this Act, and every 90 days 
thereafter until September 30, 2005, the Secretary of State shall 
consult with internationally recognized human rights organizations 
regarding progress in meeting the conditions contained in that 
subsection.

    (d) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means 
        to provide any support to paramilitary groups, including taking 
        actions which allow, facilitate, or otherwise foster the 
        activities of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups'' 
        means illegal self-defense groups and illegal security 
                                  cooperatives.

    Sec. 564. (a) Denial of Visas to Supporters of Colombian Illegal 
Armed Groups.--Subject to subsection (b), the Secretary of State shall 
not issue a visa to any alien who the Secretary determines, based on 
credible evidence--
            (1) has willfully provided any support to the Revolutionary 
        Armed Forces of Colombia (FARC), the National Liberation Army 
        (ELN), or the United Self-Defense Forces of Colombia (AUC), 
        including taking actions or failing to take actions which allow, 
        facilitate, or otherwise foster the activities of such groups; 
        or
            (2) has committed, ordered, incited, assisted, or otherwise 
        participated in the commission of gross violations of human 
        rights, including extra-judicial killings, in Colombia.

    (b) Waiver.--Subsection (a) shall not apply if the Secretary of 
State determines and certifies to the appropriate congressional 
committees, on a case-by-case basis, that the issuance of a visa to the 
alien is necessary to support the peace process in Colombia or for 
                      urgent humanitarian reasons.

    Sec. 565. None of the funds appropriated or otherwise made available 
by this Act may be used to provide equipment, technical support, 
consulting services, or any other form of assistance to the Palestinian 
Broadcasting Corporation.

[[Page 118 STAT. 195]]

    Sec. 566. (a) Oversight.--For fiscal year 2004, 30 days prior to the 
initial obligation of funds for the bilateral West Bank and Gaza 
Program, the Secretary of State shall certify to the appropriate 
committees of Congress that procedures have been established to assure 
the Comptroller General of the United States will have access to 
appropriate United States financial information in order to review the 
uses of United States assistance for the Program funded under the 
heading ``Economic Support Fund'' for the West Bank and Gaza.
    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance for the 
West Bank and Gaza, the Secretary of State shall take all appropriate 
steps to ensure that such assistance is not provided to or through any 
individual or entity that the Secretary knows or has reason to believe 
advocates, plans, sponsors, engages in, or has engaged in, terrorist 
activity. The Secretary of State shall, as appropriate, establish 
procedures specifying the steps to be taken in carrying out this 
subsection.
    (c) Audits.--(1) The Administrator of the United States Agency for 
International Development shall ensure that Federal or non-Federal 
audits of all contractors and grantees, and significant subcontractors 
and subgrantees, under the West Bank and Gaza Program, are conducted at 
least on an annual basis to ensure, among other things, compliance with 
this section.
    (2) Of the funds appropriated by this Act under the heading 
``Economic Support Fund'' that are made available for assistance for the 
West Bank and Gaza, up to $1,000,000 may be used by the Office of the 
Inspector General of the United States Agency for International 
Development for audits, inspections, and other activities in furtherance 
of the requirements of this subsection. Such funds are in addition to 
              funds otherwise available for such purposes.

    Sec. 567. (a) Limitations on Amount of Contribution.--Of the amounts 
made available under ``International Organizations and Programs'' and 
``Child Survival and Health Programs Fund'' for fiscal year 2004, the 
amount cited in section 576 of Public Law 107-115 shall be made 
available for the United Nations Population Fund (hereafter in this 
section referred to as the ``UNFPA'').
    (b) Family Planning, Maternal and Reproductive Health Activities.--
Of the funds appropriated in Public Law 107-115 that were available for 
the UNFPA, including all funds that were transferred to ``Child Survival 
and Health Programs Fund'', $34,000,000 shall be made available for 
family planning, maternal and reproductive health activities in the 
Democratic Republic of the Congo, Ethiopia, Nigeria, Tanzania, Uganda, 
Haiti, Georgia, Azerbaijan, Russia, Albania, Romania, and Kazakhstan: 
Provided, That such programs and activities shall be deemed to have been 
justified to Congress.
    (c) Trafficking Initiative.--Of the funds appropriated in Public Law 
108-7 that were available for the UNFPA and that were transferred to 
``Child Survival and Health Programs Fund'', $25,000,000 shall be 
allocated for assistance for ``vulnerable children'' and made available 
for a new initiative for assistance for

[[Page 118 STAT. 196]]

young women, mothers and children who are victims of trafficking in 
persons: Provided, That such programs and activities shall be deemed to 
have been justified to Congress.
    (d) Prohibition on Use of Funds in China.--None of the funds made 
available under ``International Organizations and Programs'' may be made 
available for the UNFPA for a country program in the People's Republic 
of China.
    (e) Conditions on Availability of Funds.--Amounts made available 
under ``International Organizations and Programs'' and ``Child Survival 
and Health Programs Fund'' for fiscal year 2004 for the UNFPA may not be 
made available to UNFPA unless--
            (1) the UNFPA maintains amounts made available to the UNFPA 
        under this section in an account separate from other accounts of 
        the UNFPA;
            (2) the UNFPA does not commingle amounts made available to 
        the UNFPA under this section with other sums; and
                       (3) the UNFPA does not fund abortions.

    Sec. 568. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Uzbekistan only if the 
Secretary of State determines and reports to the Committees on 
Appropriations that the Government of Uzbekistan is making substantial 
and continuing progress in meeting its commitments under the 
``Declaration on the Strategic Partnership and Cooperation Framework 
Between the Republic of Uzbekistan and the United States of America'', 
including respect for human rights, establishing a genuine multi-party 
system, and ensuring free and fair elections, freedom of expression, and 
the independence of the media.
    (b) Funds appropriated by this Act may be made available for 
assistance for the Government of Kazakhstan only if the Secretary of 
State determines and reports to the Committees on Appropriations that 
the Government of Kazakhstan has made significant improvements in the 
protection of human rights during the preceding 6-month period.
    (c) The Secretary of State may waive the requirements under 
subsection (b) if he determines and reports to the Committees on 
Appropriations that such a waiver is in the national security interests 
of the United States.
    (d) <<NOTE: Deadline. Reports.>> Not later than October 1, 2004, the 
Secretary of State shall submit a report to the Committees on 
Appropriations and the Committee on Foreign Relations of the Senate and 
the Committee on International Relations of the House of Representatives 
describing the following:
            (1) The defense articles, defense services, and financial 
        assistance provided by the United States to the countries of 
        Central Asia during the 6-month period ending 30 days prior to 
        submission of such report.
            (2) The use during such period of defense articles, defense 
        services, and financial assistance provided by the United States 
        by units of the armed forces, border guards, or other security 
        forces of such countries.

    (e) For purposes of this section, the term ``countries of Central 
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 
Turkmenistan.

[[Page 118 STAT. 197]]

    Sec. 569. None of the funds appropriated under this Act may be made 
available for the Government of the Russian Federation, after 180 days 
from the date of the enactment of this Act, unless the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation has implemented no 
statute, Executive order, regulation or similar government action that 
would discriminate, or who have as its principal effect discrimination, 
against religious groups or religious communities in the Russian 
Federation in violation of accepted international agreements on human 
rights and religious freedoms to which the Russian Federation is a 
                                 party.

    Sec. 570. (a)(1) None of the funds appropriated or otherwise made 
available pursuant to this Act may be made available for assistance, and 
the Secretary of the Treasury shall instruct the United States executive 
directors to the international financial institutions to vote against 
any new project involving the extension by such institutions of any 
financial or technical assistance, to any country, entity, or 
municipality whose competent authorities have failed, as determined by 
the Secretary of State, to take necessary and significant steps to 
implement its international legal obligations to apprehend and transfer 
to the International Criminal Tribunal for the former Yugoslavia (the 
``Tribunal'') all persons in their territory who have been indicted by 
the Tribunal and to otherwise cooperate with the Tribunal.
    (2) The provisions of this subsection shall not apply to 
humanitarian assistance or assistance for democratization.
    (b) The provisions of subsection (a) shall apply unless the 
Secretary of State determines and reports to the appropriate 
congressional committees that the competent authorities of such country, 
entity, or municipality are--
            (1) cooperating with the Tribunal, including access for 
        investigators to archives and witnesses, the provision of 
        documents, and the surrender and transfer of indictees or 
        assistance in their apprehension; and
            (2) are acting consistently with the Dayton Accords.

    (c) Not less than 10 days before any vote in an international 
financial institution regarding the extension of any new project 
involving financial or technical assistance or grants to any country or 
entity described in subsection (a), the Secretary of the Treasury, in 
consultation with the Secretary of State, shall provide to the 
Committees on Appropriations a written justification for the proposed 
assistance, including an explanation of the United States position 
regarding any such vote, as well as a description of the location of the 
proposed assistance by municipality, its purpose, and its intended 
beneficiaries.
    (d) In carrying out this section, the Secretary of State, the 
Administrator of the United States Agency for International Development, 
and the Secretary of the Treasury shall consult with representatives of 
human rights organizations and all government agencies with relevant 
information to help prevent indicted war criminals from benefiting from 
any financial or technical assistance

[[Page 118 STAT. 198]]

or grants provided to any country or entity described in subsection (a).
    (e) The Secretary of State may waive the application of subsection 
(a) with respect to projects within a country, entity, or municipality 
upon a written determination to the Committees on Appropriations that 
such assistance directly supports the implementation of the Dayton 
Accords.
    (f) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation of 
        Bosnia and Herzegovina, Kosovo, Montenegro and the Republika 
        Srpska.
            (3) Municipality.--The term ``municipality'' means a city, 
        town or other subdivision within a country or entity as defined 
        herein.
            (4) Dayton accords.--The term ``Dayton Accords'' means the 
        General Framework Agreement for Peace in Bosnia and Herzegovina, 
        together with annexes relating thereto, done at Dayton, November 
                              10 through 16, 1995.

    Sec. 571. The Secretary of the Treasury shall instruct the United 
States Executive Director at each international financial institution 
(as defined in section 1701(c)(2) of the International Financial 
Institutions Act) and the International Monetary Fund to oppose any 
loan, grant, strategy or policy of these institutions that would require 
user fees or service charges on poor people for primary education or 
primary healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, 
        in connection with the institutions' financing programs.

    Sec. 572. (a) Funds appropriated by this Act may be made available 
for assistance for Serbia after March 31, 2004, if the President has 
made the determination and certification contained in subsection (c).
    (b) After March 31, 2004, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the Government 
of the Federal Republic of Yugoslavia (or a government of a successor 
state) subject to the conditions in subsection (c): Provided, That 
section 576 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1997, as amended, shall not apply to the 
provision of loans and assistance to the Federal Republic of Yugoslavia 
(or a successor state) through international financial institutions.
    (c) The determination and certification referred to in subsection 
(a) is a determination by the President and a certification to the 
Committees on Appropriations that the Government of the Federal Republic 
of Yugoslavia (or a government of a successor state) is--
            (1) cooperating with the International Criminal Tribunal for 
        the former Yugoslavia including access for investigators, the 
        provision of documents, and the surrender and transfer of 
        indictees or assistance in their apprehension, including

[[Page 118 STAT. 199]]

        making all practicable efforts to apprehend and transfer Ratko 
        Mladic;
            (2) taking steps that are consistent with the Dayton Accords 
        to end Serbian financial, political, security and other support 
        which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law, including the 
        release of political prisoners from Serbian jails and prisons.

    (d) This section shall not apply to Montenegro, Kosovo, humanitarian 
    assistance or assistance to promote democracy in municipalities.

    Sec. 573. (a) Authority.--Funds <<NOTE: 22 USC 2151 note.>> made 
available by this Act to carry out the provisions of chapter 1 of part I 
and chapter 4 of part II of the Foreign Assistance Act of 1961, may be 
used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority in Jamaica 
and El Salvador through training and technical assistance in human 
rights, the rule of law, strategic planning, and through assistance to 
foster civilian police roles that support democratic governance 
including assistance for programs to prevent conflict and foster 
improved police relations with the communities they serve.

    (b) Notification.--Assistance provided under subsection (a) shall be 
subject to the regular notification procedures of the Committees on 
                             Appropriations.

    Sec. 574. (a) Authority to Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation, to pay for 
        purchases of United States agricultural commodities guaranteed 
        by the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f) of the 
        Commodity Credit Corporation Charter Act of June 29, 1948, as 
        amended, section 4(b) of the Food for Peace Act of 1966, as 
        amended (Public Law 89-808), or section 202 of the Agricultural 
        Trade Act of 1978, as amended (Public Law 95-501).

    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt burdens 
        that are eligible to borrow from the International Development 
        Association, but not from the International Bank for

[[Page 118 STAT. 200]]

        Reconstruction and Development, commonly referred to as ``IDA-
        only'' countries.

    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.

    (d) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to the funds appropriated by this Act under 
the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant 
to subsection (a) shall not be considered assistance for the purposes of 
any provision of law limiting assistance to a country. The authority 
provided by subsection (a) may be exercised notwithstanding section 
620(r) of the Foreign Assistance Act of 1961 or section 321 of the 
       International Development and Food Assistance Act of 1975.

    Sec. 575. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible purchaser, 
        reduce or cancel such loan or portion thereof, only for the 
        purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its own 
                qualified debt, only if the eligible country uses an 
                additional amount of the local currency of the eligible 
                country, equal to not less than 40 percent of the price 
                paid for such debt by such eligible country, or the 
                difference between the price paid for such debt and the 
                face value of such debt, to support activities that link 
                conservation and sustainable use of natural resources 
                with local community development, and child survival and 
                other child development, in a manner consistent with 
                sections 707 through 710 of the Foreign Assistance Act 
                of 1961, if the sale, reduction, or cancellation would 
                not contravene any term or condition of any prior 
                agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this

[[Page 118 STAT. 201]]

        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, and 
        shall direct such agency to carry out the sale, reduction, or 
        cancellation of a loan pursuant to this section. Such agency 
        shall make adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall be 
        available only to the extent that appropriations for the cost of 
        the modification, as defined in section 502 of the Congressional 
        Budget Act of 1974, are made in advance.

    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, of 
any loan made to an eligible country, the President should consult with 
the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to funds appropriated by this Act under the 
                     heading ``Debt Restructuring''.

    Sec. 576. Funds appropriated by this Act to carry out part I of the 
Foreign Assistance Act of 1961 may be used, in addition to funds 
otherwise available for such purposes, for the cost (including the 
support costs) of individuals detailed to or employed by the United 
States Agency for International Development whose primary responsibility 
is to carry out programs to address natural or manmade disasters or 
         programs under the heading ``Transition Initiatives''.

    Sec. 577. <<NOTE: 22 USC 2151a note. Philippine Education and Health 
Infrastructure>> The Secretary of the Treasury may, to fulfill 
commitments of the United States, contribute on behalf of the United 
States to the sixth replenishment of the resources of the International 
Fund for Agricultural Development. The following amount is authorized to 
be appropriated without fiscal year limitation for payment by the 
Secretary of the Treasury: $45,000,000 for the International Fund for 
Agricultural Development.

[[Page 118 STAT. 202]]

    Sec. 578. Of the funds appropriated under ``Economic Support Fund'' 
for the Philippines in Public Law 108-11, the Emergency Wartime 
Supplemental Appropriations Act, 2003, $600,000 shall be available only 
for upgrading education and health infrastructure in the Sulu 
                              Archipelago.

    Sec. 579. Of the funds appropriated by title II of this Act, not 
less than $326,500,000 shall be made available for basic education: 
Provided, That the Secretary of State, in consultation with the 
Administrator of the United States Agency for International Development 
(USAID), shall submit a report not later than 120 days after enactment 
of this Act articulating a strategy for the use of basic education funds 
in Africa, East Asia and the Pacific, the Near East, South Asia, and the 
Western Hemisphere (excluding the United States) to include--
            (1) country strategies and brief project descriptions of the 
        uses and proposed uses of all United States Government resources 
        for basic education overseas;
            (2) a detailed description of the administrative structure 
        currently in place to manage strategic coordination undertaken 
        among the State Department, USAID and other agencies involved in 
        international basic education activities; and
            (3) a description of actions being taken to expand the 
        administrative capacity of both USAID and the State Department 
             to deliver effective expanded basic education programs.

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

``SEC. 22. <<NOTE: 22 USC 284t.>> THIRTEENTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the 
        Association may contribute on behalf of the United States an 
        amount equal to the amount appropriated under subsection (b), 
        pursuant to the resolution of the Association entitled 
        `Additions to IDA Resources: Thirteenth Replenishment'.
            ``(2) Subject to appropriations.--Any commitment to make the 
        contribution authorized by paragraph (1) shall be effective only 
        to such extent or in such amounts as are provided in advance in 
        appropriations Acts.

    ``(b) Limitations on Authorization of Appropriations.--For the 
contribution authorized by subsection (a), there are authorized to be 
appropriated such sums as may be necessary for payment by the Secretary 
           of the Treasury, without fiscal year limitation.''.

    Sec. 581. Title XV of the International Financial Institutions Act 
(22 U.S.C. 262o--262o-2) is amended by adding at the end the following:

[[Page 118 STAT. 203]]

``SEC. 1504. <<NOTE: 22 USC 262o-3.>> ADMINISTRATIVE PROVISIONS.

    ``(a) Achievement of Certain Policy Goals.--The Secretary of the 
Treasury should instruct the United States Executive Director at each 
multilateral development institution to inform the institution of the 
following United States policy goals, and use the voice and vote of the 
United States to achieve the goals at the institution before June 30, 
2005:
            ``(1) <<NOTE: Deadline.>> No later than 60 calendar days 
        after the Board of Directors of the institution approves the 
        minutes of a Board meeting, the institution shall post on its 
        website an electronic version of the minutes, with material 
        deemed too sensitive for public distribution redacted.
            ``(2) <<NOTE: Records.>> The institution shall keep a 
        written transcript or electronic recording of each meeting of 
        its Board of Directors and preserve the transcript or recording 
        for at least 10 years after the meeting.
            ``(3) All public sector loan, credit and grant documents, 
        country assistance strategies, sector strategies, and sector 
        policies prepared by the institution and presented for 
        endorsement or approval by its Board of Directors, with 
        materials deemed too sensitive for public distribution redacted 
        or withheld, shall be made available to the public 15 calendar 
        days before consideration by the Board or, if not then 
        available, when the documents are distributed to the Board. Such 
        documents shall include the resources and conditionality 
        necessary to ensure that the borrower complies with applicable 
        laws in carrying out the terms and conditions of such documents, 
        strategies, or policies, including laws pertaining to the 
        integrity and transparency of the process such as public 
        consultation, and to public health and safety and environmental 
        protection.
            ``(4) The institution shall post on its website an annual 
        report containing statistical summaries and case studies of the 
        fraud and corruption cases pursued by its investigations unit.
            ``(5) The institution shall require that any health, 
        education, or poverty-focused loan, credit, grant, document, 
        policy, or strategy prepared by the institution includes 
        specific outcome and output indicators to measure results, and 
        that the indicators and results be published periodically during 
        the execution, and at the completion, of the project or program.
            ``(6) The institution shall establish a plan and schedule 
        for conducting regular, independent audits of internal 
        management controls and procedures for meeting operational 
        objectives, complying with Bank policies, and preventing fraud, 
        and making reports describing the scope and findings of such 
        audits available to the public.
            ``(7) <<NOTE: Procedures.>> The institution shall establish 
        effective procedures for the receipt, retention, and treatment 
        of: (A) complaints received by the Bank regarding fraud, 
        accounting, mismanagement, internal accounting controls, or 
        auditing matters; and (B) the confidential, anonymous submission 
        by employees of the Bank of concerns regarding fraud, 
        accounting, mismanagement, internal accounting controls, or 
        auditing matters.

    ``(b) <<NOTE: Deadline. Reports.>> Not later than September 1, 2004, 
and 6 months thereafter, the Secretary of the Treasury shall submit a 
report to the appropriate congressional committees describing the 
actions taken by each multilateral development institution to implement 
the policy

[[Page 118 STAT. 204]]

goals described in subsection (a), and any further actions that need to 
be taken to fully implement such goals.
    ``(c) <<NOTE: Deadline.>> Publication of Written Statements 
Regarding Inspection Mechanism Cases.--No later than 60 calendar days 
after a meeting of the Board of Directors of a multilateral development 
institution, the Secretary of the Treasury should provide for 
publication on the website of the Department of the Treasury of any 
written statement presented at the meeting by the United States 
Executive Director at the institution concerning--
            ``(1) a project on which a claim has been made to the 
        inspection mechanism of the institution; or
            ``(2) a pending inspection mechanism case.

    ``(d) Congressional Briefings.--The Secretary of the Treasury or the 
designee of the Secretary should brief the appropriate congressional 
committees, when requested, on the steps that have been taken by the 
United States Executive Director at any multilateral development 
institution, and by any such institution, to implement the measures 
described in this section.
    ``(e) Publication of `No' Votes and Abstentions by the United 
States.--Each month, the Secretary of the Treasury should provide for 
posting on the website of the Department of the Treasury of a record of 
all `no' votes and abstentions made by the United States Executive 
Director at any multilateral development institution on any matter 
before the Board of Directors of the institution.
    ``(f) Multilateral Development Institution Defined.--In this 
section, the term `multilateral development institution' shall have the 
                 meaning given in section 1701(c)(3).''.

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

``SEC. 31. <<NOTE: 22 USC 285bb.>> ADDITIONAL CONTRIBUTION TO SPECIAL 
            FUNDS.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Bank 
        may contribute on behalf of the United States an amount equal to 
        the amount appropriated under subsection (b), pursuant to the 
        resolution of the Bank entitled `Seventh Replenishment of the 
        Asian Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make the 
        contribution authorized by paragraph (1) shall be effective only 
        to such extent or in such amounts as are provided in advance in 
        appropriations Acts.

    ``(b) Limitations on Authorization of Appropriations.--For the 
contribution authorized by subsection (a), there are authorized to be 
appropriated such sums as may be necessary for payment by the Secretary 
           of the Treasury, without fiscal year limitation.''.

    Sec. 583. The African Development Fund Act (22 U.S.C. 290g--290g-15) 
is amended by adding at the end the following:

``SEC. 217. <<NOTE: 22 USC 290g-16.>> NINTH REPLENISHMENT.

    ``(a) Contribution Authority.--

[[Page 118 STAT. 205]]

            ``(1) In general.--The United States Governor of the Fund 
        may contribute on behalf of the United States an amount equal to 
        the amount appropriated under subsection (b), pursuant to the 
        resolution of the Fund entitled `The Ninth General Replenishment 
        of Resources of the African Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make the 
        contribution authorized by paragraph (1) shall be effective only 
        to such extent or in such amounts as are provided in advance in 
        appropriations Acts.

    ``(b) Limitations on Authorization of Appropriations.--For the 
contribution authorized by subsection (a), there are authorized to be 
appropriated such sums as may be necessary for payment by the Secretary 
           of the Treasury, without fiscal year limitation.''.

    Sec. 584. (a) Limitation on Use of Funds by OPIC.--None of the funds 
made available in this Act may be used by the Overseas Private 
Investment Corporation to insure, reinsure, guarantee, or finance any 
investment in connection with a project involving the mining, polishing 
or other processing, or sale of diamonds in a country that fails to meet 
the requirements of subsection (c).
    (b) Limitation on Use of Funds by the Export-Import Bank.--None of 
the funds made available in this Act may be used by the Export-Import 
Bank of the United States to guarantee, insure, extend credit, or 
participate in an extension of credit in connection with the export of 
any goods to a country for use in an enterprise involving the mining, 
polishing or other processing, or sale of diamonds in a country that 
fails to meet the requirements of subsection (c).
    (c) Requirements.--The requirements referred to in subsections (a) 
and (b) are that the country concerned is implementing the 
recommendations, obligations and requirements developed by the Kimberley 
                      Process on conflict diamonds.

    Sec. 585. Of the funds appropriated under the headings ``Economic 
Support Fund'', not less than $8,000,000 shall be made available to 
support reconciliation programs and activities which bring together 
individuals of different ethnic, religious, and political backgrounds 
                  from areas of civil conflict and war.

    Sec. 586. Of the funds appropriated under the headings ``Development 
Assistance'' and ``Child Survival and Health Programs Fund'', not less 
 than $35,000,000 shall be made available for assistance for Nicaragua.

    Sec. 587. <<NOTE: Deadlines.>> The Administrator of the United 
States Agency for International Development (``USAID'') shall seek to 
ensure that programs, projects, and activities administered by USAID in 
Afghanistan comply fully with USAID's ``Policy Paper: Disability'' 
issued on September 12, 1997: Provided, <<NOTE: Reports.>> That the 
Administrator shall submit a report to the Committees on Appropriations 
not

[[Page 118 STAT. 206]]

later than December 31, 2004, describing the manner in which the needs 
of people with disabilities were met in the development and 
implementation of USAID programs, projects, and activities in 
Afghanistan in fiscal <<NOTE: Standards. trade capacity building>> year 
2004: Provided further, That the Administrator, not later than 180 days 
after enactment of this Act and in consultation, as appropriate, with 
other appropriate departments and agencies, the Architectural and 
Transportation Barriers Compliance Board, and nongovernmental 
organizations with expertise in the needs of people with disabilities, 
shall develop and implement appropriate standards for access for people 
      with disabilities for construction projects funded by USAID.

    Sec. 588. Of the funds appropriated by this Act, under the headings 
``Trade and Development Agency'', ``Development Assistance'', 
``Transition Initiatives'', ``Economic Support Fund'', ``International 
Affairs Technical Assistance'', and ``International Organizations and 
Programs'', not less than $503,000,000 should be made available for 
                   trade capacity building assistance.

    Sec. 589. (a) The Congress recognizes the important contribution 
that the democratically elected Government of Nigeria has played in 
fostering stability in West Africa, including reaching an agreement with 
the Government of Liberia to provide relief and promote reconciliation 
in that nation. The Congress also recognizes the important contributions 
of other African nations and supports continued assistance aimed at 
resolving the conflicts that have destabilized West Africa and the Great 
Lakes region.
    (b) The Congress reaffirms its support for the efforts of the 
International Criminal Tribunal for Rwanda (ICTR) and the Special Court 
for Sierra Leone (SCSL) to bring to justice individuals responsible for 
war crimes and crimes against humanity in a timely manner.
    (c) Funds appropriated by this Act, including funds for debt 
restructuring, may be made available for assistance to the central 
government of a country in which individuals indicted by ICTR and SCSL 
are credibly alleged to be living, if the Secretary of State determines 
and reports to the Committees on Appropriations that such government is 
cooperating with ICTR and SCSL, including the surrender and transfer of 
indictees in a timely manner: Provided, That this subsection shall not 
apply to assistance provided under section 551 of the Foreign Assistance 
Act of 1961 or to project assistance under title II of this Act: 
Provided further, That the United States shall use its voice and vote in 
the United Nations Security Council to fully support efforts by ICTR and 
SCSL to bring to justice individuals indicted by such tribunals in a 
timely manner.
    (d) The prohibition in subsection (c) may be waived on a country by 
country basis if the President determines that doing so is in the 
national security interest of the <<NOTE: President. Reports.>> United 
States: Provided, That prior to exercising such waiver authority, the 
President shall report to the Committees on Appropriations, in 
classified form if necessary, on: (1) the steps being taken to obtain 
the cooperation of the government in surrendering the indictee in 
question to SCSL or

[[Page 118 STAT. 207]]

ICTR; (2) a strategy for bringing the indictee before ICTR or SCSL; and 
(3) the justification for exercising the waiver authority.
    (e) Of the funds made available under the heading ``Economic Support 
Fund'' in Public Law 108-7, not less than $5,000,000 shall be made 
available during fiscal year 2004 for a contribution to the Special 
Court of <<NOTE: Deadline.>> Sierra Leone: Provided, That funds made 
available under the previous proviso shall be disbursed no later than 30 
days after enactment of this Act.

                     report on admission of refugees

    Sec. 590. (a) The Secretary of State shall utilize private voluntary 
organizations with expertise in the protection needs of refugees in the 
processing of refugees overseas for admission and resettlement to the 
United States, and shall utilize such agencies in addition to the United 
Nations High Commissioner for Refugees in the identification and 
referral of refugees.
    (b) The Secretary of State should establish a system for accepting 
referrals of appropriate candidates for resettlement from local private, 
voluntary organizations and work to ensure that particularly vulnerable 
refugee groups receive special consideration for admission into the 
United States, including--
            (1) long-stayers in countries of first asylum;
            (2) unaccompanied refugee minors;
            (3) refugees outside traditional camp settings; and
            (4) refugees in woman-headed households.

    (c) The Secretary of State shall give special consideration to--
            (1) refugees of all nationalities who have close family ties 
        to citizens and residents of the United States; and
            (2) other groups of refugees who are of special concern to 
        the United States.

    (d) <<NOTE: Deadline.>> Not later than 120 days after the date of 
enactment of this Act, the Secretary of State shall submit a report to 
the Committees on Appropriations describing the steps that have been 
taken to implement this section.

              post differentials and danger pay allowances

    Sec. 591. (a) Section 5925(a) of title 5, United States Code, is 
amended in the third sentence by inserting after ``25 percent of the 
rate of basic pay'' the following: ``or, in the case of an employee of 
the United States Agency for International Development, 35 percent of 
the rate of basic pay''.
    (b) Section 5928 of title 5, United States Code, is amended by 
inserting after ``25 percent of the basic pay of the employee'' both 
places it appears the following: ``or 35 percent of the basic pay of the 
employee in the case of an employee of the United States Agency for 
International Development''.
    (c) <<NOTE: 5 USC 5925 note. report on azerbaijan>> Except for 
employees of the United States Agency for International Development 
stationed in Iraq and Afghanistan, the amendments made by subsections 
(a) and (b) shall not take effect until the same authority is enacted 
                for employees of the Department of State.

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

[[Page 118 STAT. 208]]

General, shall submit a report to the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate and the Committee on 
International Relations and the Committee on Appropriations of the House 
of Representatives on the investigation of the murder of United States 
democracy worker John Alvis. Such report shall include--
            (1) a description of the steps taken by the Government of 
        Azerbaijan to further such investigation and bring to justice 
        those responsible for the murder of John Alvis;
            (2) a description of the actions of the Government of 
        Azerbaijan to cooperate with United States agencies involved in 
        such investigation; and
            (3) any recommendations of the Secretary for furthering 
                         progress of such investigation.

    Sec. 593. The International Organizations Immunities Act (22 U.S.C. 
288 et seq.) is amended by adding at the end the following new section:
    ``Sec. 16. <<NOTE: 22 USC 288f-6. code of conduct>> The provisions 
of this title may be extended to the Global Fund to Fight AIDS, 
Tuberculosis and Malaria in the same manner, to the same extent, and 
subject to the same conditions, as they may be extended to a public 
international organization in which the United States participates 
pursuant to any treaty or under the authority of any Act of Congress 
authorizing such participation or making an appropriation for such 
                            participation.''.

    Sec. 594. (a) None of the funds made available by title II under the 
heading ``migration and refugee assistance'' or ``transition 
initiatives'' to provide assistance to refugees or internally displaced 
persons may be provided to an organization that has failed to adopt a 
code of conduct consistent with the Inter-Agency Standing Committee Task 
Force on Protection From Sexual Exploitation and Abuse in Humanitarian 
Crises six core principles for the protection of beneficiaries of 
humanitarian assistance.
    (b) In administering the amounts made available for the accounts 
described in subsection (a), the Secretary of State and Administrator of 
the United States Agency for International Development shall incorporate 
specific policies and programs for the purpose of identifying specific 
needs of, and particular threats to, women and children at the various 
stages of humanitarian emergencies, especially at the onset of such 
emergency.
    (c) <<NOTE: Deadline. Reports.>> Not later than 90 days after the 
date of enactment of this Act, the Secretary of State shall submit to 
the Committee on Foreign Relations of the Senate, the Committee on 
International Relations of the House of Representatives and the 
Committees on Appropriations a report on activities of the Government of 
the United States to protect women and children affected by humanitarian 
emergencies. The report shall include--
            (1) an assessment of the specific protection needs of women 
        and children at the various stages of humanitarian emergencies;

[[Page 118 STAT. 209]]

            (2) a description of which agencies and offices of the 
        United States Government are responsible for addressing each 
        aspect of such needs and threats; and
            (3) guidelines and recommendations for improving United 
        States and international systems for the protection of women and 
                    children during humanitarian emergencies.

    Sec. 595. The United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et 
seq.) is amended--
            (1) <<NOTE: 22 USC 7622.>> in section 202(d)(4)(A), by 
        adding at the end the following new clause:
                    ``(vi) for the purposes of clause (i), `funds 
                contributed to the Global Fund from all sources' means 
                funds contributed to the Global Fund at any time during 
                fiscal years 2004 through 2008 that are not contributed 
                to fulfill a commitment made for a fiscal year prior to 
                fiscal year 2004.'';
            (2) in section 202(d)(4)(B), by adding at the end the 
        following new clause:
                    ``(iv) Notwithstanding clause (i), after July 31 of 
                each of the fiscal years 2004 through 2008, any amount 
                made available under this subsection that is withheld by 
                reason of subparagraph (A)(i) is authorized to be made 
                available to carry out sections 104A, 104B, and 104C of 
                the Foreign Assistance Act of 1961 (as added by title 
                III of this Act).''; and
            (3) in <<NOTE: 22 USC 7631. TECHNICAL CORRECTION RELATING TO 
        THE ENHANCED HIPC INITIATIVE>> section 301(f), by inserting ``, 
        except that this subsection shall not apply to the Global Fund 
        to Fight AIDS, Tuberculosis and Malaria, the World Health 
        Organization, the International AIDS Vaccine Initiative or to 
               any United Nations agency'' after ``trafficking''.

    Sec. 596. Section 1625(a)(1)(B)(ii) of the International Financial 
Institutions Act (as added by section 501 of the United States 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 
(Public Law 108-25)) is <<NOTE: 22 USC 262p-8. INDONESIA>> amended by 
       striking ``subparagraph (A)'' and inserting ``clause (i)''.

    Sec. 597. (a) <<NOTE: President. Certification.>> Funds appropriated 
by this Act under the heading ``Foreign Military Financing Program'' may 
be made available for assistance for Indonesia, and licenses may be 
issued for the export of lethal defense articles for the Indonesian 
Armed Forces, only if the President certifies to the appropriate 
congressional committees that--
            (1) the Indonesia Minister of Defense is suspending from the 
        Armed Forces those members, of whatever rank, who have been 
        credibly alleged to have committed gross violations of human 
        rights, or to have aided or abetted militia groups;
            (2) the Indonesian Government is prosecuting those members 
        of the Indonesian Armed Forces, of whatever rank, who

[[Page 118 STAT. 210]]

        have been credibly alleged to have committed gross violations of 
        human rights, or to have aided or abetted militia groups, and is 
        punishing those members of the Indonesian Armed Forces found to 
        have committed such violations of human rights or to have aided 
        or abetted militia groups;
            (3) the Indonesian Armed Forces are cooperating with 
        civilian prosecutors and judicial authorities in Indonesia and 
        with the joint United Nations-East Timor Serious Crimes Unit 
        (SCU) in such cases (including extraditing those indicted by the 
        SCU to East Timor and providing access to witnesses, relevant 
        military documents, and other requested information); and
            (4) the Minister of Defense is making publicly available 
        audits of receipts and expenditures of the Indonesian Armed 
        Forces.

    (b) Congress notes that the Indonesian Government and Armed Forces 
have pledged to cooperate with the Federal Bureau of Investigation with 
respect to its investigation into the August 31, 2002, murders of two 
American citizens and one Indonesian citizen in Timika, Indonesia. 
Therefore, funds appropriated under the heading ``INTERNATIONAL MILITARY 
EDUCATION AND TRAINING'' may be made available for Indonesia if the 
Secretary of State determines and reports to the appropriate 
congressional committees that the Indonesian Government and Armed Forces 
are cooperating with the Federal Bureau of Investigation's 
investigation: Provided, That this restriction shall not apply to 
expanded international military education and training, which may 
                   include English language training.

    Sec. 598. The assessment and description of violations of religious 
freedom contained in the report required by section 102(b)(1)(B) of the 
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)(B)) 
shall include a description of persecution targeted at specific 
religions, including acts of anti-Semitism, by individuals or 
organizations designated as terrorist organizations by the Secretary of 
State under section 219 of the Immigration and Nationality Act, as 
                                amended.

    Sec. 599A. The Secretary of State and the Administrator of the 
United States Agency for International Development shall seek to ensure 
that, where appropriate, dedicated air service is provided for 
transportation to areas where scheduled air service is not adequate to 
meet assistance requirements on a timely basis: Provided, That to the 
maximum extent practicable and in a manner consistent with the use of 
full and open competition (as that term is defined in section 4(6) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403(6)), 
contracts for such dedicated air service shall be entered into with 
                       United States air carriers.

    Sec. 599B. (a) Section 3204(f) of the Emergency Supplemental Act, 
2000 (Public Law 106-246) <<NOTE: 114 Stat. 577.>> is amended--

[[Page 118 STAT. 211]]

            (1) in the heading, by striking ``BIMONTHLY'' and inserting 
        ``QUARTERLY'';
            (2) by striking ``60'' and inserting ``90''; and
            (3) by striking ``Congress'' and inserting ``the appropriate 
        congressional committees''.

    (b) The report required by section 3204(e) of the Emergency 
Supplemental Act, 2000 (Public Law 106-246) <<NOTE: 114 Stat. 576.>> is 
amended by striking ``Congress'' and inserting ``the appropriate 
congressional committees''.

    (c) Subsection (a) of section 803 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2001, Appendix A of 
Public Law 106-429 (as enacted by section 101(a) of such Public 
     Law) <<NOTE: 22 USC 262r-6. CPA DETAILEES>> is hereby repealed.

    Sec. 599C. <<NOTE: Reports.>> The Office of Personnel Management 
shall provide the House and Senate Committees on Appropriations a report 
of the number of Federal employees detailed from each executive agency 
to the Coalition Provisional Authority in Iraq on the date of enactment 
of this Act: Provided, <<NOTE: Deadline.>> That the report shall 
identify by agency the number of non-reimbursable and reimbursable 
detailees and shall be submitted to the House and Senate Committees on 
Appropriations by February 1, 2004: Provided further, That the report 
shall be updated and submitted on a quarterly basis until May, 2005.

        TITLE VI--MILLENNIUM <<NOTE: Millennium Challenge Act of 
2003.>> CHALLENGE ACT OF 2003

SEC. 601. <<NOTE: 22 USC 7701 note.>> SHORT TITLE.

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

SEC. 602. <<NOTE: 22 USC 7701.>> PURPOSES.

    The purposes of this title are--
            (1) to provide United States assistance for global 
        development through the Millennium Challenge Corporation, as 
        described in section 604; and
            (2) to provide such assistance in a manner that promotes 
        economic growth and the elimination of extreme poverty and 
        strengthens good governance, economic freedom, and investments 
        in people.

SEC. 603. <<NOTE: 22 USC 7702.>> DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on International Relations and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Board.--The term ``Board'' means the Board of Directors 
        of the Corporation established pursuant to section 604(c).
            (3) Candidate country.--The term ``candidate country'' means 
        a country that meets the requirements of section 606.

[[Page 118 STAT. 212]]

            (4) Chief executive officer.--The term ``Chief Executive 
        Officer'' means the chief executive officer of the Corporation 
        appointed pursuant to section 604(b).
            (5) Compact.--The term ``Compact'' means a Millennium 
        Challenge Compact described in section 609.
            (6) Corporation.--The term ``Corporation'' means the 
        Millennium Challenge Corporation established by section 604(a).
            (7) Eligible country.--The term ``eligible country'' means a 
        candidate country that is determined, under section 607, to be 
        an eligible country to receive assistance under section 605.

SEC. 604. <<NOTE: 22 USC 7703.>> ESTABLISHMENT AND MANAGEMENT OF THE 
            MILLENNIUM CHALLENGE CORPORATION.

    (a) Establishment.--There is established in the executive branch a 
corporation to be known as the ``Millennium Challenge Corporation'' that 
shall be responsible for carrying out this title. The Corporation shall 
be a government corporation, as defined in section 103 of title 5, 
United States Code.
    (b) Chief Executive Officer.--
            (1) In general.--There shall be in the Corporation a Chief 
        Executive Officer who shall be responsible for the management of 
        the Corporation.
            (2) Appointment.--
                    (A) In general.--Except <<NOTE: President.>> as 
                provided in subparagraph (B), the Chief Executive 
                Officer shall be appointed by the President, by and with 
                the advice and consent of the Senate.
                    (B) Interim ceo.--The members of the Board of 
                Directors described in subsection (c)(3)(A) may 
                designate by unanimous consent in writing an individual 
                who is an officer within any Federal department or 
                agency (and who has been appointed to such position by 
                the President, by and with the advice and consent of the 
                Senate) to carry out the duties described in this 
                subsection until the Chief Executive Officer is 
                appointed pursuant to subparagraph (A).
            (3) Relationship to board.--The Chief Executive Officer 
        shall report to and be under the direct authority of the Board.
            (4) Compensation and rank.--
                    (A) In general.--The Chief Executive Officer shall 
                be compensated at the rate provided for level II of the 
                Executive Schedule under section 5313 of title 5, United 
                States Code, and shall have the equivalent rank of 
                Deputy Secretary.
                    (B) Amendment.--Section 5313 of title 5, United 
                States Code, is amended by adding at the end the 
                following:
            ``Chief Executive Officer, Millennium Challenge 
        Corporation.''.
            (5) Authorities and duties.--The Chief Executive Officer 
        shall be responsible for the management of the Corporation and 
        shall exercise the powers and discharge the duties of the 
        Corporation.
            (6) Authority to appoint officers.--In consultation and with 
        approval of the Board, the Chief Executive Officer shall appoint 
        all officers of the Corporation.

[[Page 118 STAT. 213]]

    (c) Board of Directors.--
            (1) Establishment.--There shall be in the Corporation a 
        Board of Directors.
            (2) Duties.--The Board shall perform the functions specified 
        to be carried out by the Board in this title and may prescribe, 
        amend, and repeal bylaws, rules, regulations, and procedures 
        governing the manner in which the business of the Corporation 
        may be conducted and in which the powers granted to it by law 
        may be exercised.
            (3) Membership.--The Board shall consist of--
                    (A) the Secretary of State, the Secretary of the 
                Treasury, the Administrator of the United States Agency 
                for International Development, the Chief Executive 
                Officer of the Corporation, and the United States Trade 
                Representative; and
                    (B) four other individuals with relevant 
                international experience who shall be appointed by the 
                President, by and with the advice and consent of the 
                Senate, of which--
                          (i) one individual should be appointed from 
                      among a list of individuals submitted by the 
                      majority leader of the House of Representatives;
                          (ii) one individual should be appointed from 
                      among a list of individuals submitted by the 
                      minority leader of the House of Representatives;
                          (iii) one individual should be appointed from 
                      among a list of individuals submitted by the 
                      majority leader of the Senate; and
                          (iv) one individual should be appointed from 
                      among a list of individuals submitted by the 
                      minority leader of the Senate.
            (4) Terms.--
                    (A) Officers of the federal government.--Each member 
                of the Board described in paragraph (3)(A) shall serve 
                for a term that is concurrent with the term of service 
                of the individual's position as an officer within the 
                other Federal department or agency.
                    (B) Other members.--Each member of the Board 
                described in paragraph (3)(B) shall be appointed for a 
                term of 3 years and may be reappointed for a term of an 
                additional 2 years.
                    (C) Vacancies.--A vacancy in the Board shall be 
                filled in the manner in which the original appointment 
                was made.
            (5) Chairperson.--There shall be a Chairperson of the Board. 
        The Secretary of State shall serve as the Chairperson.
            (6) Quorum.--A majority of the members of the Board shall 
        constitute a quorum, which, except with respect to a meeting of 
        the Board during the 135-day period beginning on the date of the 
        enactment of this Act, shall include at least one member of the 
        Board described in paragraph (3)(B).
            (7) Meetings.--The Board shall meet at the call of the 
        Chairperson.
            (8) Compensation.--
                    (A) Officers of the federal government.--
                          (i) In general.--A member of the Board 
                      described in paragraph (3)(A) may not receive 
                      additional pay, allowances, or benefits by reason 
                      of the member's service on the Board.

[[Page 118 STAT. 214]]

                          (ii) Travel expenses.--Each such member of the 
                      Board shall receive travel expenses, including per 
                      diem in lieu of subsistence, in accordance with 
                      applicable provisions under subchapter I of 
                      chapter 57 of title 5, United States Code.
                    (B) Other members.--
                          (i) In general.--Except as provided in clause 
                      (ii), a member of the Board described in paragraph 
                      (3)(B)--
                                    (I) shall be paid compensation out 
                                of funds made available for the purposes 
                                of this title at the daily equivalent of 
                                the highest rate payable under section 
                                5332 of title 5, United States Code, for 
                                each day (including travel time) during 
                                which the member is engaged in the 
                                actual performance of duties as a member 
                                of the Board; and
                                    (II) while away from the member's 
                                home or regular place of business on 
                                necessary travel in the actual 
                                performance of duties as a member of the 
                                Board, shall be paid per diem, travel, 
                                and transportation expenses in the same 
                                manner as is provided under subchapter I 
                                of chapter 57 of title 5, United States 
                                Code.
                          (ii) Limitation.--A member of the Board may 
                      not be paid compensation under clause (i)(II) for 
                      more than 90 days in any calendar year.

SEC. 605. <<NOTE: 22 USC 7704.>> AUTHORIZATION OF ASSISTANCE.

    (a) Assistance.--Notwithstanding any other provision of law (other 
than a provision of this title), the Board, acting through the Chief 
Executive Officer, is authorized to provide assistance under this 
section for each country that enters into a Millennium Challenge Compact 
with the United States pursuant to section 609 to support policies and 
programs that advance the progress of the country in achieving lasting 
economic growth and poverty reduction and are in furtherance of the 
purposes of this title.
    (b) Form of Assistance.--Assistance under this section may be 
provided in the form of grants, cooperative agreements, or contracts to 
or with eligible entities described in subsection (c). Assistance under 
this section may not be provided in the form of loans.
    (c) Eligible Entities.--An eligible entity referred to in subsection 
(b) is--
            (1) the national government of the eligible country;
            (2) regional or local governmental units of the country; or
            (3) a nongovernmental organization or a private entity.

    (d) Application.--The Chief Executive Officer, in consultation with 
the Board and working with eligible countries selected by the Board for 
negotiation of Compacts, should develop and recommend procedures for 
considering solicited and unsolicited proposals in Compacts prior to an 
approval of the Compacts by the Board.
    (e) Limitations.--
            (1) Prohibition on military assistance and training.--
        Assistance under this section may not include military 
        assistance or military training for a country.
            (2) Prohibition on assistance relating to united states job 
        loss or production displacement.--Assistance under

[[Page 118 STAT. 215]]

        this section may not be provided for any project that is likely 
        to cause a substantial loss of United States jobs or a 
        substantial displacement of United States production.
            (3) Prohibition on assistance relating to environmental, 
        health, or safety hazards.--Assistance under this section may 
        not be provided for any project that is likely to cause a 
        significant environmental, health, or safety hazard.
            (4) <<NOTE: Applicability.>> Prohibition on use of funds for 
        abortions and involuntary sterilizations.--The prohibitions on 
        use of funds contained in paragraphs (1) through (3) of section 
        104(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2151b(f)(1)-(3)) shall apply to funds made available to carry 
        out this section to the same extent and in the same manner as 
        such prohibitions apply to funds made available to carry out 
        part I of such Act. The prohibition on use of funds contained in 
        any provision of law comparable to the eleventh and fourteenth 
        provisos under the heading ``Child Survival and Health Programs 
        Fund'' of division E of Public Law 108-7 (117 Stat. 162) shall 
        apply to funds made available to carry out this section for 
        fiscal year 2004.

    (f) Coordination.--The provision of assistance under this section 
shall be coordinated with other United States foreign assistance 
programs.

SEC. 606. <<NOTE: 22 USC 7705.>> CANDIDATE COUNTRIES.

    (a) Low Income Countries.--
            (1) Fiscal year 2004.--A country shall be a candidate 
        country for purposes of eligibility for assistance for fiscal 
        year 2004 if--
                    (A) the country is eligible for assistance from the 
                International Development Association, and the per 
                capita income of the country is equal to or less than 
                the historical ceiling of the International Development 
                Association for that year, as defined by the 
                International Bank for Reconstruction and Development; 
                and
                    (B) subject to paragraph (3), the country is not 
                ineligible to receive United States economic assistance 
                under part I of the Foreign Assistance Act of 1961 by 
                reason of the application of any provision of the 
                Foreign Assistance Act of 1961 or any other provision of 
                law.
            (2) Fiscal year 2005 and subsequent fiscal years.--A country 
        shall be a candidate country for purposes of eligibility for 
        assistance for fiscal year 2005 or a subsequent fiscal year if--
                    (A) the per capita income of the country is equal to 
                or less than the historical ceiling of the International 
                Development Association for the fiscal year involved, as 
                defined by the International Bank for Reconstruction and 
                Development; and
                    (B) the country meets the requirements of paragraph 
                (1)(B).
            (3) Rule of construction.--For the purposes of determining 
        whether a country is eligible for receiving assistance under 
        section 605 pursuant to paragraph (1)(B), the exercise by the 
        President, the Secretary of State, or any other officer or 
        employee of the United States of any waiver or suspension of any 
        provision of law referred to in such paragraph, and

[[Page 118 STAT. 216]]

        notification to the appropriate congressional committees in 
        accordance with such provision of law, shall be construed as 
        satisfying the requirement of such paragraph.

    (b) Lower Middle Income Countries.--
            (1) In general.--In addition to countries described in 
        subsection (a), a country shall be a candidate country for 
        purposes of eligibility for assistance for fiscal year 2006 or a 
        subsequent fiscal year if the country--
                    (A) is classified as a lower middle income country 
                in the then most recent edition of the World Development 
                Report for Reconstruction and Development published by 
                the International Bank for Reconstruction and 
                Development and has an income greater than the 
                historical ceiling for International Development 
                Association eligibility for the fiscal year involved; 
                and
                    (B) meets the requirements of subsection (a)(1)(B).
            (2) Limitation.--The total amount of assistance provided to 
        countries described in paragraph (1) for fiscal year 2006 or any 
        subsequent fiscal year may not exceed 25 percent of the total 
        amount of assistance provided to all countries under section 605 
        for fiscal year 2006 or the subsequent fiscal year, as the case 
        may be.

    (c) Identification by the Board.--The Board shall identify whether a 
country is a candidate country for purposes of this section.

SEC. 607. <<NOTE: 22 USC 7706.>> ELIGIBLE COUNTRIES.

    (a) Determination by the Board.--The Board shall determine whether a 
candidate country is an eligible country for purposes of this section. 
Such determination shall be based, to the maximum extent possible, upon 
objective and quantifiable indicators of a country's demonstrated 
commitment to the criteria in subsection (b), and shall, where 
appropriate, take into account and assess the role of women and girls.
    (b) Criteria.--A candidate country should be considered to be an 
eligible country for purposes of this section if the Board determines 
that the country has demonstrated a commitment to--
            (1) just and democratic governance, including a demonstrated 
        commitment to--
                    (A) promote political pluralism, equality, and the 
                rule of law;
                    (B) respect human and civil rights, including the 
                rights of people with disabilities;
                    (C) protect private property rights;
                    (D) encourage transparency and accountability of 
                government; and
                    (E) combat corruption;
            (2) economic freedom, including a demonstrated commitment to 
        economic policies that--
                    (A) encourage citizens and firms to participate in 
                global trade and international capital markets;
                    (B) promote private sector growth and the 
                sustainable management of natural resources;
                    (C) strengthen market forces in the economy; and
                    (D) respect worker rights, including the right to 
                form labor unions; and

[[Page 118 STAT. 217]]

            (3) investments in the people of such country, particularly 
        women and children, including programs that--
                    (A) promote broad-based primary education; and
                    (B) strengthen and build capacity to provide quality 
                public health and reduce child mortality.

    (c) Selection by the Board.--
            (1) In general.--At the time the Board determines eligible 
        countries under this section for a fiscal year, the Board shall 
        select those eligible countries with respect to which the United 
        States will initially seek to enter into a Millennium Challenge 
        Compact pursuant to section 609.
            (2) Factors.--In selecting eligible countries under 
        paragraph (1), the Board shall consider the following factors:
                    (A) The extent to which the country clearly meets or 
                exceeds the eligibility criteria.
                    (B) The opportunity to reduce poverty and generate 
                economic growth in the country.
                    (C) The availability of amounts to carry out this 
                title.

    (d) Establishment of Criteria and Methodology.--The criteria and 
methodology submitted by the Board to Congress and published in the 
Federal Register under section 608(b)(2) with respect to a fiscal year 
shall remain fixed for purposes of eligibility determinations for such 
year.
    (e) Annual Modification of Criteria and Methodology.--As 
appropriate, the Board, acting through the Chief Executive Officer, 
shall review the eligibility criteria and methodology and modify such 
criteria and methodology in subsequent years consistent with section 
608(b).

SEC. 608. <<NOTE: 22 USC 7707.>> CONGRESSIONAL AND PUBLIC NOTIFICATION 
            OF CANDIDATE COUNTRIES, ELIGIBILITY CRITERIA, AND ELIGIBLE 
            COUNTRIES.

    (a) <<NOTE: Deadline.>> Identification of Candidate Countries.--Not 
later than 90 days prior to the date on which the Board determines 
eligible countries under section 607 for a fiscal year, the Chief 
Executive Officer--
            (1) <<NOTE: Reports.>> shall prepare and submit to the 
        appropriate congressional committees a report that contains a 
        list of all candidate countries identified under section 606, 
        and all countries that would be candidate countries if the 
        countries met the requirement contained in section 606(a)(1)(B), 
        for the fiscal year; and
            (2) <<NOTE: Federal Register, publication.>> shall publish 
        in the Federal Register the information contained in the report 
        described in paragraph (1).

    (b) <<NOTE: Deadline.>> Identification of Eligibility Criteria and 
Methodology.--Not later than 60 days prior to the date on which the 
Board determines eligible countries under section 607 for a fiscal year, 
the Chief Executive Officer--
            (1) <<NOTE: Reports.>> shall prepare and submit to the 
        appropriate congressional committees a report that contains a 
        list of the criteria and methodology described in subsections 
        (a) and (b) of section 607 that will be used to determine 
        eligibility for each candidate country identified under 
        subsection (a);
            (2) <<NOTE: Federal Register, publication.>> shall publish 
        in the Federal Register the information contained in the report 
        described in paragraph (1); and
            (3) may conduct one or more public hearings on the 
        eligibility criteria and methodology.

    (c) Public Comment and Congressional Consultation.--

[[Page 118 STAT. 218]]

            (1) Public comment.--The Chief Executive Officer shall, for 
        the 30-day period beginning on the date of publication in the 
        Federal Register of the information contained in the report 
        described in subsection (b)(1), accept public comment and 
        consider such comment for purposes of determining eligible 
        countries under section 607.
            (2) Congressional consultation.--The Chief Executive Officer 
        shall consult with the appropriate congressional committees on 
        the extent to which the candidate countries meet the criteria 
        described in section 607(b).

    (d) <<NOTE: Deadline.>> Identification of Eligible Countries.--Not 
later than 5 days after the date on which the Board determines eligible 
countries under section 607 for a fiscal year, the Chief Executive 
Officer--
            (1) <<NOTE: Reports.>> shall prepare and submit to the 
        appropriate congressional committees a report that contains a 
        list of all such eligible countries, an identification of those 
        countries on such list with respect to which the Board will seek 
        to enter into a Compact under section 609, and a justification 
        for such eligibility determination and selection for Compact 
        negotiation; and
            (2) <<NOTE: Federal Register, publication.>> shall publish 
        in the Federal Register the information contained in the report 
        described in paragraph (1).

SEC. 609. <<NOTE: 22 USC 7708.>> MILLENNIUM CHALLENGE COMPACT.

    (a) Compact.--The Board, acting through the Chief Executive Officer 
of the Corporation, may provide assistance for an eligible country only 
if the country enters into an agreement with the United States, to be 
known as a ``Millennium Challenge Compact'', that establishes a multi-
year plan for achieving shared development objectives in furtherance of 
the purposes of this title.
    (b) Elements.--
            (1) In general.--The Compact should take into account the 
        national development strategy of the eligible country and shall 
        contain--
                    (A) the specific objectives that the country and the 
                United States expect to achieve during the term of the 
                Compact;
                    (B) the responsibilities of the country and the 
                United States in the achievement of such objectives;
                    (C) regular benchmarks to measure, where 
                appropriate, progress toward achieving such objectives;
                    (D) an identification of the intended beneficiaries, 
                disaggregated by income level, gender, and age, to the 
                maximum extent practicable;
                    (E) a multi-year financial plan, including the 
                estimated amount of contributions by the Corporation and 
                the country and proposed mechanisms to implement the 
                plan and provide oversight, that describes how the 
                requirements of subparagraphs (A) through (D) will be 
                met, including identifying the role of civil society in 
                the achievement of such requirements;
                    (F) where appropriate, a description of the current 
                and potential participation of other donors in the 
                achievement of such objectives;
                    (G) a plan to ensure appropriate fiscal 
                accountability for the use of assistance provided under 
                section 605;

[[Page 118 STAT. 219]]

                    (H) where appropriate, a process or processes for 
                consideration of solicited proposals under the Compact 
                as well as a process for consideration of unsolicited 
                proposals by the Corporation and national, regional, or 
                local units of government;
                    (I) a requirement that open, fair, and competitive 
                procedures are used in a transparent manner in the 
                administration of grants or cooperative agreements or 
                the procurement of goods and services for the 
                accomplishment of objectives under the Compact;
                    (J) the strategy of the eligible country to sustain 
                progress made toward achieving such objectives after 
                expiration of the Compact; and
                    (K) a description of the role of the United States 
                Agency for International Development in any design, 
                implementation, and monitoring of programs and 
                activities funded under the Compact.
            (2) Lower middle income countries.--In addition to the 
        elements described in subparagraphs (A) through (K) of paragraph 
        (1), with respect to a lower middle income country described in 
        section 606(b), the Compact shall identify a contribution, as 
        appropriate, from the country relative to its national budget, 
        taking into account the prevailing economic conditions, toward 
        meeting the objectives of the Compact. Any such contribution 
        should be in addition to government spending allocated for such 
        purposes in the country's budget for the year immediately 
        preceding the establishment of the Compact and should continue 
        for the duration of the Compact.
            (3) Definition.--In this subsection, the term ``national 
        development strategy'' means any strategy to achieve market-
        driven economic growth and eliminate extreme poverty that has 
        been developed by the government of the country in consultation 
        with a wide variety of civic participation, including 
        nongovernmental organizations, private and voluntary 
        organizations, academia, women's and student organizations, 
        local trade and labor unions, and the business community.

    (c) Additional Provision Relating to Prohibition on Taxation.--In 
addition to the elements described in subsection (c), each Compact shall 
contain a provision that states that assistance provided by the United 
States under the Compact shall be exempt from taxation by the government 
of the eligible country.
    (d) Local Input.--In entering into a Compact, the United States 
shall seek to ensure that the government of an eligible country--
            (1) takes into account the local-level perspectives of the 
        rural and urban poor, including women, in the eligible country; 
        and
            (2) consults with private and voluntary organizations, the 
        business community, and other donors in the eligible country.

    (e) Consultation.--During any discussions with a country for the 
purpose of entering into a Compact with the country, officials of the 
Corporation participating in such discussions shall, at a minimum, 
consult with appropriate officials of the United States Agency for 
International Development, particularly with those officials responsible 
for the appropriate region or country on development issues related to 
the Compact.

[[Page 118 STAT. 220]]

    (f) Coordination With Other Donors.--To the maximum extent feasible, 
activities undertaken to achieve the objectives of the Compact shall be 
undertaken in coordination with the assistance activities of other 
donors.
    (g) Assistance for Development of Compact.--Notwithstanding 
subsection (a), the Chief Executive Officer may enter into contracts or 
make grants for any eligible country for the purpose of facilitating the 
development and implementation of the Compact between the United States 
and the country.
    (h) Requirement for Approval by the Board.--Each Compact shall be 
approved by the Board before the United States enters into the Compact.
    (i) <<NOTE: Deadline.>> Increase or Extension of Assistance Under a 
Compact.--Not later than 15 days after making a determination to 
increase or extend assistance under a Compact with an eligible country, 
the Board, acting through the Chief Executive Officer--
            (1) <<NOTE: Reports.>> shall prepare and transmit to the 
        appropriate congressional committees a written report and 
        justification that contains a detailed summary of the proposed 
        increase in or extension of assistance under the Compact and a 
        copy of the full text of the amendment to the Compact; and
            (2) <<NOTE: Federal Register, publication.>> shall publish a 
        detailed summary, full text, and justification of the proposed 
        increase in or extension of assistance under the Compact in the 
        Federal Register and on the Internet website of the Corporation.

    (j) Duration of Compact.--The duration of a Compact shall not exceed 
5 years.
    (k) Subsequent Compacts.--An eligible country and the United States 
may enter into and have in effect only one Compact at any given time 
under this section. An eligible country and the United States may enter 
into one or more subsequent Compacts in accordance with the requirements 
of this title after the expiration of the existing Compact.

SEC. 610. <<NOTE: Deadlines. 22 USC 7709.>> CONGRESSIONAL AND PUBLIC 
            NOTIFICATION OF COMPACT.

    (a) Congressional Consultation Prior to Compact Negotiations.--Not 
later than 15 days prior to the start of negotiations of a Compact with 
an eligible country, the Board, acting through the Chief Executive 
Officer--
            (1) shall consult with the appropriate congressional 
        committees with respect to the proposed Compact negotiation; and
            (2) shall identify the objectives and mechanisms to be used 
        for the negotiation of the Compact.

    (b) Congressional and Public Notification After Entering Into a 
Compact.--Not later than 10 days after entering into a Compact with an 
eligible country, the Board, acting through the Chief Executive 
Officer--
            (1) <<NOTE: Notification.>> shall provide notification of 
        the Compact to the appropriate congressional committees, 
        including a detailed summary of the Compact and a copy of the 
        text of the Compact; and
            (2) <<NOTE: Federal Register, publication.>> shall publish 
        such detailed summary and the text of the Compact in the Federal 
        Register and on the Internet website of the Corporation.

SEC. 611. <<NOTE: 22 USC 7710.>> SUSPENSION AND TERMINATION OF 
            ASSISTANCE.

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

[[Page 118 STAT. 221]]

or terminate assistance in whole or in part for a country or entity 
under section 605 if the Chief Executive Officer determines that--
            (1) the country or entity is engaged in activities which are 
        contrary to the national security interests of the United 
        States;
            (2) the country or entity has engaged in a pattern of 
        actions inconsistent with the criteria used to determine the 
        eligibility of the country or entity, as the case may be; or
            (3) the country or entity has failed to adhere to its 
        responsibilities under the Compact.

    (b) Reinstatement.--The Chief Executive Officer may reinstate 
assistance for a country or entity under section 605 only if the Chief 
Executive Officer determines that the country or entity has demonstrated 
a commitment to correcting each condition for which assistance was 
suspended or terminated under subsection (a).
    (c) Congressional Notification.--
Not <<NOTE: Deadline. Reports.>> later than 3 days after the date on 
which the Chief Executive Officer suspends or terminates assistance 
under subsection (a) for a country or entity, or reinstates assistance 
under subsection (b) for a country or entity, the Chief Executive 
Officer shall submit to the appropriate congressional committees a 
report that contains the determination of the Chief Executive Officer 
under subsection (a) or subsection (b), as the case may be.

    (d) Rule of Construction.--The authority to suspend or terminate 
assistance under this section includes the authority to suspend or 
terminate obligations and sub-obligations.

SEC. 612. <<NOTE: 22 USC 7711.>> DISCLOSURE.

    (a) Requirement for Disclosure.--The <<NOTE: Public 
information.>> Corporation shall make available to the public on at 
least a quarterly basis, the following information:
            (1) For assistance provided under section 605--
                    (A) the name of each entity to which assistance is 
                provided;
                    (B) the amount of assistance provided to the entity; 
                and
                    (C) a description of the program or project, 
                including--
                          (i) a description of whether the program or 
                      project was solicited or unsolicited; and
                          (ii) a detailed description of the objectives 
                      and measures for results of the program or 
                      project.
            (2) For funds allocated or transferred under section 
        619(b)--
                    (A) the name of each United States Government agency 
                to which such funds are transferred or allocated;
                    (B) the amount of funds transferred or allocated to 
                such agency; and
                    (C) a description of the program or project to be 
                carried out by such agency with such funds.

    (b) Dissemination.--The <<NOTE: Federal Register, 
publication.>> information required to be disclosed under subsection (a) 
shall be made available to the public by means of publication in the 
Federal Register and on the Internet website of the Corporation, as well 
as by any other methods that the Board determines appropriate.

SEC. 613. <<NOTE: 22 USC 7712.>> ANNUAL REPORT.

    (a) Report.--Not <<NOTE: Deadline.>> later than March 31, 2005, and 
each March 31 thereafter, the President shall submit to Congress a 
report

[[Page 118 STAT. 222]]

on the assistance provided under section 605 during the prior fiscal 
year.
    (b) Contents.--The report shall include the following:
            (1) The amount of obligations and expenditures for 
        assistance provided to each eligible country during the prior 
        fiscal year.
            (2) For each eligible country, an assessment of--
                    (A) the progress made during each year by the 
                country toward achieving the objectives set out in the 
                Compact entered into by the country; and
                    (B) the extent to which assistance provided under 
                section 605 has been effective in helping the country to 
                achieve such objectives.
            (3) A description of the coordination of assistance provided 
        under section 605 with other United States foreign assistance 
        and related trade policies.
            (4) A description of the coordination of assistance provided 
        under section 605 with assistance provided by other donor 
        countries.
            (5) Any other information the President considers relevant 
        with respect to assistance provided under section 605.

SEC. 614. <<NOTE: 22 USC 7713.>> POWERS OF THE CORPORATION; RELATED 
            PROVISIONS.

    (a) Powers.--The Corporation--
            (1) shall have perpetual succession unless dissolved by a 
        law enacted after the date of the enactment of this Act;
            (2) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
            (3) may make and perform such contracts, grants, and other 
        agreements with any person or government however designated and 
        wherever situated, as may be necessary for carrying out the 
        functions of the Corporation;
            (4) may determine and prescribe the manner in which its 
        obligations shall be incurred and its expenses allowed and paid, 
        including expenses for representation;
            (5) may lease, purchase, or otherwise acquire, improve, and 
        use such real property wherever situated, as may be necessary 
        for carrying out the functions of the Corporation;
            (6) may accept cash gifts or donations of services or of 
        property (real, personal, or mixed), tangible or intangible, for 
        the purpose of carrying out the provisions of this title;
            (7) may use the United States mails in the same manner and 
        on the same conditions as the executive departments;
            (8) may contract with individuals for personal services, who 
        shall not be considered Federal employees for any provision of 
        law administered by the Office of Personnel Management;
            (9) may hire or obtain passenger motor vehicles; and
            (10) shall have such other powers as may be necessary and 
        incident to carrying out this title.

    (b) Principal Office.--The Corporation shall maintain its principal 
office in the metropolitan area of Washington, District of Columbia.
    (c) Positions With Foreign Governments.--When approved by the Chief 
Executive Officer, for purposes of implementing a Compact, employees of 
the Corporation (including individuals detailed to the Corporation) may 
accept and hold offices or positions

[[Page 118 STAT. 223]]

to which no compensation is attached with governments or governmental 
agencies of foreign countries or with international organizations.
    (d) Other Authorities.--Except <<NOTE: Applicability.>> to the 
extent inconsistent with the provisions of this title, the 
administrative authorities contained in the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to the 
implementation of this title to the same extent and in the same manner 
as such authorities apply to the implementation of those Acts.

    (e) Applicability of Government Corporation Control Act.--
            (1) In general.--The Corporation shall be subject to chapter 
        91 of subtitle VI of title 31, United States Code, except that 
        the Corporation shall not be authorized to issue obligations or 
        offer obligations to the public.
            (2) Conforming amendment.--Section 9101(3) of title 31, 
        United States Code, is amended by adding at the end the 
        following:
                    ``(Q) the Millennium Challenge Corporation.''.

    (f) Inspector General.--
            (1) In general.--The Inspector General of the United States 
        Agency for International Development shall serve as Inspector 
        General of the Corporation, and, in acting in such capacity, may 
        conduct reviews, investigations, and inspections of all aspects 
        of the operations and activities of the Corporation.
            (2) Authority of the board.--In carrying out the 
        responsibilities under this subsection, the Inspector General 
        shall report to and be under the general supervision of the 
        Board.
            (3) Reimbursement and authorization of services.--
                    (A) Reimbursement.--The Corporation shall reimburse 
                the United States Agency for International Development 
                for all expenses incurred by the Inspector General in 
                connection with the Inspector General's responsibilities 
                under this subsection.
                    (B) Authorization for services.--Of the amount 
                authorized to be appropriated under section 619(a) for a 
                fiscal year, up to $5,000,000 is authorized to be made 
                available to the Inspector General of the United States 
                Agency for International Development to conduct reviews, 
                investigations, and inspections of operations and 
                activities of the Corporation.

    (g) Special Assistance.--
            (1) In general.--The Chief Executive Officer is authorized 
        to contract with any nongovernmental organization (including a 
        university, independent foundation, or other organization) in 
        the United States or in a candidate country, and, where 
        appropriate, directly with a governmental agency of any such 
        country, that is undertaking research aimed at improving data 
        related to eligibility criteria under this title with respect to 
        the country.
            (2) Funding.--Of the amount authorized to be appropriated 
        under section 619(a) for a fiscal year, up to $5,000,000 is 
        authorized to be made available to carry out paragraph (1).

[[Page 118 STAT. 224]]

SEC. 615. <<NOTE: 22 USC 7714.>> COORDINATION WITH UNITED STATES AGENCY 
            FOR INTERNATIONAL DEVELOPMENT.

    (a) Requirement for Coordination.--The Chief Executive Officer shall 
consult with the Administrator of the United States Agency for 
International Development in order to coordinate the activities of the 
Corporation with the activities of the Agency.
    (b) USAID Programs.--The Administrator of the United States Agency 
for International Development shall seek to ensure that appropriate 
programs of the Agency play a primary role in preparing candidate 
countries to become eligible countries.

SEC. 616. <<NOTE: 22 USC 7715.>> ASSISTANCE TO CERTAIN CANDIDATE 
            COUNTRIES.

    (a) Authorization.--The Board, acting through the Chief Executive 
Officer, is authorized to provide assistance to a candidate country 
described in subsection (b) for the purpose of assisting such country to 
become an eligible country.
    (b) Candidate Country Described.--A candidate country referred to in 
subsection (a) is a candidate country that--
            (1) satisfies the requirements contained in subparagraphs 
        (A) and (B) of section 606(a)(1); and
            (2) demonstrates a significant commitment to meet the 
        requirements of section 607(b) but fails to meet such 
        requirements (including by reason of the absence or 
        unreliability of data).

    (c) Administration.--Assistance under this section may be provided 
through the United States Agency for International Development.
    (d) Funding.--Not more than 10 percent of the amount appropriated 
pursuant to the authorization of appropriations under section 619(a) for 
fiscal year 2004 is authorized to be made available to carry out this 
section.

SEC. 617. <<NOTE: 22 USC 7716.>> GENERAL PERSONNEL AUTHORITIES.

    (a) Detail of Personnel.--Upon request of the Chief Executive 
Officer, the head of an agency may detail any employee of such agency to 
the Corporation on a reimbursable basis. Any employee so detailed 
remains, for the purpose of preserving such employee's allowances, 
privileges, rights, seniority, and other benefits, an employee of the 
agency from which detailed.
    (b) Reemployment Rights.--
            (1) In general.--An employee of an agency who is serving 
        under a career or career conditional appointment (or the 
        equivalent), and who, with the consent of the head of such 
        agency, transfers to the Corporation, is entitled to be 
        reemployed in such employee's former position or a position of 
        like seniority, status, and pay in such agency, if such 
        employee--
                    (A) is separated from the Corporation for any 
                reason, other than misconduct, neglect of duty, or 
                malfeasance; and
                    (B) <<NOTE: Deadline.>> applies for reemployment not 
                later than 90 days after the date of separation from the 
                Corporation.
            (2) Specific rights.--An employee who satisfies paragraph 
        (1) is entitled to be reemployed (in accordance with such 
        paragraph) within 30 days after applying for reemployment and, 
        on reemployment, is entitled to at least the rate of basic pay 
        to which such employee would have been entitled had such 
        employee never transferred.

[[Page 118 STAT. 225]]

    (c) Hiring Authority.--Of persons employed by the Corporation, not 
to exceed 30 persons may be appointed, compensated, or removed without 
regard to the civil service laws and regulations.
    (d) Basic Pay.--The Chief Executive Officer may fix the rate of 
basic pay of employees of the Corporation without regard to the 
provisions of chapter 51 of title 5, United States Code (relating to the 
classification of positions), subchapter III of chapter 53 of such title 
(relating to General Schedule pay rates), except that no employee of the 
Corporation may receive a rate of basic pay that exceeds the rate for 
level II of the Executive Schedule under section 5313 of such title.
    (e) Definitions.--In this section--
            (1) the term ``agency'' means an executive agency, as 
        defined by section 105 of title 5, United States Code; and
            (2) the term ``detail'' means the assignment or loan of an 
        employee, without a change of position, from the agency by which 
        such employee is employed to the Corporation.

SEC. 618. <<NOTE: 22 USC 7717.>> PERSONNEL OUTSIDE THE UNITED STATES.

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

SEC. 619. <<NOTE: 22 USC 7718.>> AUTHORIZATION OF APPROPRIATIONS.

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

[[Page 118 STAT. 226]]

            (2) Notification.--The <<NOTE: Deadline.>> Corporation shall 
        notify the appropriate congressional committees not less than 15 
        days prior to an allocation or transfer of funds pursuant to 
        paragraph (1).

    This division may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2004''.

 DIVISION E--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human 
   Services, and Education, and Related Agencies Appropriations Act, 
2004.>> OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
AGENCIES APPROPRIATIONS, 2004

                                 An Act


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

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

  TITLE I--DEPARTMENT <<NOTE: Department of Labor Appropriations Act, 
2004.>> OF LABOR

                 Employment and Training Administration

    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
the Workforce Investment Act of 1998; $2,697,654,000 plus 
reimbursements, of which $1,666,473,000 is available for obligation for 
the period July 1, 2004 through June 30, 2005; except that amounts 
determined by the Secretary of Labor to be necessary pursuant to 
sections 173(a)(4)(A) and 174(c) of such Act shall be available from 
October 1, 2003 until expended; of which $1,000,965,000 is available for 
obligation for the period April 1, 2004 through June 30, 2005, to carry 
out chapter 4 of the Workforce Investment Act of 1998; and of which 
$30,216,000 is available for the period July 1, 2004 through June 30, 
2007 for necessary expenses of construction, rehabilitation, and 
acquisition of Job Corps centers: Provided, That notwithstanding any 
other provision of law, of the funds provided herein under section 
137(c) of the Workforce Investment Act of 1998, $276,608,000 shall be 
for activities described in section 132(a)(2)(A) of such Act and 
$1,180,152,000 shall be for activities described in section 132(a)(2)(B) 
of such Act: Provided further, That funds provided to carry out section 
132(a)(2)(A) of the Workforce Investment Act may be used to provide 
assistance to a State for state-wide or local use in order to address 
cases where there have been worker dislocations across multiple sectors 
or across multiple local areas and such workers remain dislocated; 
coordinate the State workforce development plan with

[[Page 118 STAT. 227]]

emerging economic development needs; and train such eligible dislocated 
workers: Provided further, That $9,039,000 shall be for carrying out 
section 172 of the Workforce Investment Act of 1998: Provided further, 
That, notwithstanding any other provision of law or related regulation, 
$77,330,000 shall be for carrying out section 167 of the Workforce 
Investment Act of 1998, including $72,213,000 for formula grants, 
$4,610,000 for migrant and seasonal housing (of which not less than 70 
percent shall be for permanent housing), and $507,000 for other 
discretionary purposes: Provided further, That notwithstanding the 
transfer limitation under section 133(b)(4) of such Act, up to 30 
percent of such funds may be transferred by a local board if approved by 
the Governor: Provided further, That funds provided to carry out section 
171(d) of the Workforce Investment Act of 1998 may be used for 
demonstration projects that provide assistance to new entrants in the 
workforce and incumbent workers: Provided further, That funding provided 
to carry out projects under section 171 of the Workforce Investment Act 
of 1998 that are identified in the Conference Agreement, shall not be 
subject to the requirements of section 171(b)(2)(B) of such Act, the 
requirements of section 171(c)(4)(D) of such Act, the joint funding 
requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such Act, or 
any time limit requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of 
such Act: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers.
    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
the Workforce Investment Act of 1998; $2,463,000,000 plus 
reimbursements, of which $2,363,000,000 is available for obligation for 
the period October 1, 2004 through June 30, 2005, and of which 
$100,000,000 is available for the period October 1, 2004 through June 
30, 2007, for necessary expenses of construction, rehabilitation, and 
                    acquisition of Job Corps centers.

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

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

[[Page 118 STAT. 228]]

    For authorized administrative expenses, $142,520,000, together with 
not to exceed $3,466,861,000 (including not to exceed $1,228,000 which 
may be used for amortization payments to States which had independent 
retirement plans in their State employment service agencies prior to 
1980), which may be expended from the Employment Security Administration 
Account in the Unemployment Trust Fund including the cost of 
administering section 51 of the Internal Revenue Code of 1986, as 
amended, section 7(d) of the Wagner-Peyser Act, as amended, the Trade 
Act of 1974, as amended, the Immigration Act of 1990, and the 
Immigration and Nationality Act, as amended, and of which the sums 
available in the allocation for activities authorized by title III of 
the Social Security Act, as amended (42 U.S.C. 502-504), and the sums 
available in the allocation for necessary administrative expenses for 
carrying out 5 U.S.C. 8501-8523, shall be available for obligation by 
the States through December 31, 2004, except that funds used for 
automation acquisitions shall be available for obligation by the States 
through September 30, 2006; of which $142,520,000, together with not to 
exceed $768,257,000 of the amount which may be expended from said trust 
fund, shall be available for obligation for the period July 1, 2004 
through June 30, 2005, to fund activities under the Act of June 6, 1933, 
as amended, including the cost of penalty mail authorized under 39 
U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments for 
such purpose: Provided, That to the extent that the Average Weekly 
Insured Unemployment (AWIU) for fiscal year 2004 is projected by the 
Department of Labor to exceed 3,227,000, an additional $28,600,000 shall 
be available for obligation for every 100,000 increase in the AWIU level 
(including a pro rata amount for any increment less than 100,000) from 
the Employment Security Administration Account of the Unemployment Trust 
Fund: Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center system, or which are 
used to support the national activities of the Federal-State 
unemployment insurance or immigration programs, may be obligated in 
contracts, grants or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activities 
authorized under the Wagner-Peyser Act, as amended, and title III of the 
Social Security Act, may be used by the States to fund integrated 
Employment Service and Unemployment Insurance automation efforts, 
notwithstanding cost allocation principles prescribed under Office of 
                  Management and Budget Circular A-87.

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 2005, $467,000,000.

[[Page 118 STAT. 229]]

    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2004, for costs incurred by the Black Lung Disability Trust Fund in the 
           current fiscal year, such sums as may be necessary.

    For expenses of administering employment and training programs, 
$115,824,000, including $2,393,000 to administer welfare-to-work grants, 
together with not to exceed $57,820,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund.

                Employee Benefits Security Administration

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

                  Pension Benefit Guaranty Corporation

    The Pension Benefit Guaranty Corporation is authorized to make such 
expenditures, including financial assistance authorized by section 104 
of Public Law 96-364, within limits of funds and borrowing authority 
available to such Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control Act, as 
amended (31 U.S.C. 9104), as may be necessary in carrying out the 
program, including associated administrative expenses, through September 
30, 2004 for such Corporation: Provided, That none of the funds 
available to the Corporation for fiscal year 2004 shall be available for 
obligations for administrative expenses in excess of $228,772,000: 
Provided further, That obligations in excess of such amount may be 
incurred after approval by the Office of Management and Budget and the 
Committees on Appropriations of the House and Senate.

                   Employment Standards Administration

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $392,872,000, together with 
$2,036,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That $1,250,000 shall be for the 
development of an alternative system for the electronic submission of 
reports required to be filed under the Labor-Management Reporting and 
Disclosure Act of 1959, as amended, and for a computer database of the 
information for each submission by whatever means, that is indexed and 
easily searchable by the public via the Internet: Provided further, That 
the Secretary of Labor is authorized to accept, retain, and spend, until 
expended, in the name of the Department of Labor, all sums of money 
ordered to be paid to

[[Page 118 STAT. 230]]

the Secretary of Labor, in accordance with the terms of the Consent 
Judgment in Civil Action No. 91-0027 of the United States District Court 
for the District of the Northern Mariana Islands (May 21, 1992): 
Provided further, That the Secretary of Labor is authorized to establish 
and, in accordance with 31 U.S.C. 3302, collect and deposit in the 
Treasury fees for processing applications and issuing certificates under 
sections 11(d) and 14 of the Fair Labor Standards Act of 1938, as 
amended (29 U.S.C. 211(d) and 214) and for processing applications and 
issuing registrations under title I of the Migrant and Seasonal 
      Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior fiscal 
year authorized by title 5, chapter 81 of the United States Code; 
continuation of benefits as provided for under the heading ``Civilian 
War Benefits'' in the Federal Security Agency Appropriation Act, 1947; 
the Employees' Compensation Commission Appropriation Act, 1944; sections 
4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and 
50 percent of the additional compensation and benefits required by 
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as 
amended, $163,000,000, together with such amounts as may be necessary to 
be charged to the subsequent year appropriation for the payment of 
compensation and other benefits for any period subsequent to August 15 
of the current year: Provided, That amounts appropriated may be used 
under section 8104 of title 5, United States Code, by the Secretary of 
Labor to reimburse an employer, who is not the employer at the time of 
injury, for portions of the salary of a reemployed, disabled 
beneficiary: Provided further, That balances of reimbursements 
unobligated on September 30, 2003, shall remain available until expended 
for the payment of compensation, benefits, and expenses: Provided 
further, That in addition there shall be transferred to this 
appropriation from the Postal Service and from any other corporation or 
instrumentality required under section 8147(c) of title 5, United States 
Code, to pay an amount for its fair share of the cost of administration, 
such sums as the Secretary determines to be the cost of administration 
for employees of such fair share entities through September 30, 2004: 
Provided further, That of those funds transferred to this account from 
the fair share entities to pay the cost of administration of the Federal 
Employees' Compensation Act, $39,315,000 shall be made available to the 
Secretary as follows: (1) for enhancement and maintenance of automated 
data processing systems and telecommunications systems, $11,618,000; (2) 
for automated workload processing operations, including document 
imaging, centralized mail intake and medical bill processing, 
$14,496,000; (3) for periodic roll management and medical review, 
$13,201,000; and (4) the remaining funds shall be paid into the Treasury 
as miscellaneous receipts: Provided further, That the Secretary may 
require that any person filing a notice of injury or a claim for 
benefits under chapter 81 of title 5, United States Code, or 33 U.S.C. 
901 et seq., provide as part of such notice and claim, such identifying 
information (including Social Security account number) as such 
regulations may prescribe.

[[Page 118 STAT. 231]]

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, (the ``Act''), $300,000,000, 
to remain available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of the Act, for costs incurred in 
the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
   fiscal year 2005, $88,000,000, to remain available until expended.

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $55,074,000, to remain available 
until expended: Provided, That the Secretary of Labor is authorized to 
transfer to any executive agency with authority under the Energy 
Employees Occupational Illness Compensation Act, including within the 
Department of Labor, such sums as may be necessary in fiscal year 2004 
to carry out those authorities: Provided further, That the Secretary may 
require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
          Social Security account number) as may be prescribed.

    Beginning <<NOTE: 26 USC 9501 note.>> in fiscal year 2004 and 
thereafter, such sums as may be necessary from the Black Lung Disability 
Trust Fund, to remain available until expended, for payment of all 
benefits authorized by section 9501(d)(1), (2), (4), and (7) of the 
Internal Revenue Code of 1954, as amended; and interest on advances, as 
authorized by section 9501(c)(2) of that Act. In addition, the following 
amounts shall be available from the Fund for fiscal year 2004 for 
expenses of operation and administration of the Black Lung Benefits 
program, as authorized by section 9501(d)(5): $32,004,000 for transfer 
to the Employment Standards Administration, ``Salaries and Expenses''; 
$23,401,000 for transfer to Departmental Management, ``Salaries and 
Expenses''; $338,000 for transfer to Departmental Management, ``Office 
of Inspector General''; and $356,000 for payments into miscellaneous 
receipts for the expenses of the Department of the Treasury.

              Occupational Safety and Health Administration

    For necessary expenses for the Occupational Safety and Health 
Administration, $460,786,000, including not to exceed $92,505,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act (the ``Act''), which 
grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section

[[Page 118 STAT. 232]]

18 of the Act; <<NOTE: 29 USC 670 note.>> and, in addition, 
notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health 
Administration may retain up to $750,000 per fiscal year of training 
institute course tuition fees, otherwise authorized by law to be 
collected, and may utilize such sums for occupational safety and health 
training and education grants: Provided, That, notwithstanding 31 U.S.C. 
3302, the Secretary of Labor is authorized, during the fiscal year 
ending September 30, 2004, to collect and retain fees for services 
provided to Nationally Recognized Testing Laboratories, and may utilize 
such sums, in accordance with the provisions of 29 U.S.C. 9a, to 
administer national and international laboratory recognition programs 
that ensure the safety of equipment and products used by workers in the 
workplace: Provided further, That none of the funds appropriated under 
this paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having an occupational injury lost workday case rate, at the most 
precise Standard Industrial Classification Code for which such data are 
published, less than the national average rate as such rates are most 
recently published by the Secretary, acting through the Bureau of Labor 
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), 
except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for exercising 
        rights under such Act:

Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That not less than $3,200,000 shall be used to extend funding 
for the Institutional Competency Building training grants which 
commenced in September 2000, for program activities for the period of 
September 30, 2003 to September 30, 2004, provided that a grantee has 
demonstrated satisfactory performance.

[[Page 118 STAT. 233]]

                  Mine Safety and Health Administration

    For necessary expenses for the Mine Safety and Health 
Administration, $270,826,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including $100,000 for 
an award to the Stolar Research Corporation to further develop and 
demonstrate electromagnetic wave detection technology, and other 
purposes, in Allegheny County, Pennsylvania; including $1,000,000 for an 
award to the National Technology Transfer Center for a coal slurry 
impoundment pilot project in southern West Virginia; including up to 
$2,000,000 for mine rescue and recovery activities; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health Administration 
may retain up to $1,000,000 from fees collected for the approval and 
certification of equipment, materials, and explosives for use in mines, 
and may utilize such sums for such activities; the Secretary is 
authorized to accept lands, buildings, equipment, <<NOTE: 30 USC 
962.>> and other contributions from public and private sources and to 
prosecute projects in cooperation with other agencies, Federal, State, 
or private; the Mine Safety and Health Administration is authorized to 
promote health and safety education and training in the mining community 
through cooperative programs with States, industry, and safety 
associations; and any funds available to the department may be used, 
with the approval of the Secretary, to provide for the costs of mine 
rescue and survival operations in the event of a major disaster.

                       Bureau of Labor Statistics

    For necessary expenses for the Bureau of Labor Statistics, including 
advances or reimbursements to State, Federal, and local agencies and 
their employees for services rendered, $447,088,000, together with not 
to exceed $75,110,000, which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund, of which 
$5,000,000 may be used to fund the mass layoff statistics program under 
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).

                 Office of Disability Employment Policy

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $47,333,000.

[[Page 118 STAT. 234]]

                         Departmental Management

    For necessary expenses for Departmental Management, including the 
hire of three sedans, and including the management or operation, through 
contracts, grants or other arrangements of Departmental activities 
conducted by or through the Bureau of International Labor Affairs, 
including bilateral and multilateral technical assistance and other 
international labor activities, $48,565,000, for the acquisition of 
Departmental information technology, architecture, infrastructure, 
equipment, software and related needs which will be allocated by the 
Department's Chief Information Officer in accordance with the 
Department's capital investment management process to assure a sound 
investment strategy; $352,514,000; together with not to exceed $316,000, 
which may be expended from the Employment Security Administration 
Account in the Unemployment Trust Fund: Provided, <<NOTE: 33 USC 921 
note. veterans employment and training>> That no funds made available by 
this Act may be used by the Solicitor of Labor to participate in a 
review in any United States court of appeals of any decision made by the 
Benefits Review Board under section 21 of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 921) where such participation is 
precluded by the decision of the United States Supreme Court in 
Director, Office of Workers' Compensation Programs v. Newport News 
Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any provisions to 
the contrary contained in Rule 15 of the Federal Rules of Appellate 
Procedure: Provided further, That no funds made available by this Act 
may be used by the Secretary of Labor to review a decision under the 
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.) 
that has been appealed and that has been pending before the Benefits 
Review Board for more than 12 months: Provided further, That any such 
decision pending a review by the Benefits Review Board for more than 1 
year shall be considered affirmed by the Benefits Review Board on the 1-
year anniversary of the filing of the appeal, and shall be considered 
the final order of the Board for purposes of obtaining a review in the 
United States courts of appeals: Provided further, That these provisions 
shall not be applicable to the review or appeal of any decision issued 
under the Black Lung Benefits Act (30 U.S.C. 901 et seq.): Provided 
further, That of the funds provided under this heading, $150,000 shall 
be for a grant to the International Center on Child Labor and Education.

    Not to exceed $193,443,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2004, of which $2,000,000 is for the 
National Veterans' Employment and Training Services Institute. To carry 
out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and 
the Veterans Workforce Investment Programs (29 U.S.C. 2913), $26,550,000 
of which $7,550,000 shall be available for obligation for the period 
July 1, 2004 through June 30, 2005.

[[Page 118 STAT. 235]]

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $60,094,000, together with not to exceed $5,730,000, which may 
be expended from the Employment Security Administration Account in the 
                        Unemployment Trust Fund.

    For the acquisition of a new core accounting system for the 
Department of Labor, including hardware and software infrastructure and 
the costs associated with implementation thereof, $13,850,000.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for the Job 
Corps shall be used to pay the compensation of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
                         of Executive Level II.

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year for 
the Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That 
the <<NOTE: Notification.>> Appropriations Committees of both Houses of 
Congress are notified at least 15 days in advance of any transfer.

    Sec. 103. In accordance with Executive Order No. 13126, none of the 
funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104. There is authorized to be appropriated such sums as may be 
necessary to the Denali Commission through the Department of Labor to 
conduct job training of the local workforce where Denali Commission 
projects will be constructed.
    Sec. 105. Of the funds appropriated for fiscal year 1999 under 
section 403(a)(5)(H)(i)(II) of the Social Security Act (42 U.S.C. 
603(a)(5)(H)(i)(II)) that were allotted as welfare to work formula 
grants to the States under section 403(a)(5)(A) of such Act (42 U.S.C. 
603(a)(5)(A)), there is hereby rescinded any funds that are unexpended 
by the States as of the date of enactment of this section, except for 
such funds as the Secretary of Labor determines are necessary for States 
to carry out administrative activities relating to the close out of such 
grants. Notwithstanding section 403(a)(5) of the Social Security Act (42 
U.S.C. 603(a)(5)), the Secretary of Labor may take such actions as the 
Secretary determines are appropriate to facilitate the orderly and 
equitable close out of such grants, consistent with the requirements of 
this section.
    Sec. 106. (a) Findings.--Congress finds that--

[[Page 118 STAT. 236]]

            (1) it is projected that the Department of Labor, in 
        conjunction with labor, industry, and the National Institute for 
        Occupational Safety and Health, will be undertaking several 
        months of testing on Personal Dust Monitor production 
        prototypes; and
            (2) the testing of Personal Dust Monitor prototypes is set 
        to begin (by late May or early June of 2004) following the 
        scheduled delivery of the Personal Dust Monitors in May 2004.

    (b) Re-proposal of Rule.--Following the successful demonstration of 
Personal Dust Monitor technology, and if the Secretary of Labor makes a 
determination that Personal Dust Monitors can be effectively applied in 
a regulatory scheme, the Secretary of Labor shall re-propose a rule on 
respirable coal dust which incorporates the use of Personal Dust 
Monitors, and, if such rule is re-proposed, the Secretary shall comply 
with the regular procedures applicable to Federal rulemaking.
    Sec. 107. <<NOTE: Ohio. Real property.>> The Secretary of Labor 
shall transfer, without charge or consideration, to Hamilton County, 
Ohio all rights, title, and interest (including all Federal equity) the 
United States holds in the real property located at 1916 Central 
Parkway, Cincinnati, Ohio to the extent such rights, title, or interest 
were acquired through grants to the State of Ohio under title III of the 
Social Security Act or the Wagner-Peyser Act or acquired through funds 
distributed to the State of Ohio under section 903 of the Social 
Security Act.

    Sec. 108. Fair Labor Standards Act Woodworking Exemption. Section 
13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is 
amended by adding at the end the following:
    ``(7)(A)(i) Subject to subparagraph (B), in the administration and 
enforcement of the child labor provisions of this Act, it shall not be 
considered oppressive child labor for a new entrant into the workforce 
to be employed inside or outside places of business where machinery is 
used to process wood products.
    ``(ii) In this paragraph, the term `new entrant into the workforce' 
means an individual who--
            ``(I) is under the age of 18 and at least the age of 14, and
            ``(II) by statute or judicial order is exempt from 
        compulsory school attendance beyond the eighth grade.

    ``(B) The employment of a new entrant into the workforce under 
subparagraph (A) shall be permitted--
            ``(i) if the entrant is supervised by an adult relative of 
        the entrant or is supervised by an adult member of the same 
        religious sect or division as the entrant;
            ``(ii) if the entrant does not operate or assist in the 
        operation of power-driven woodworking machines;
            ``(iii) if the entrant is protected from wood particles or 
        other flying debris within the workplace by a barrier 
        appropriate to the potential hazard of such wood particles or 
        flying debris or by maintaining a sufficient distance from 
        machinery in operation; and
            ``(iv) if the entrant is required to use personal protective 
        equipment to prevent exposure to excessive levels of noise and 
        saw dust.''.

    This title may be cited as the ``Department of Labor Appropriations 
Act, 2004''.

[[Page 118 STAT. 237]]

  TITLE II--DEPARTMENT <<NOTE: Department of Health and Human Services 
Appropriations Act, 2004.>> OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

    For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V (including section 510), and 
sections 1128E, 711 and 1820 of the Social Security Act, the Health Care 
Quality Improvement Act of 1986, as amended, the Native Hawaiian Health 
Care Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000, 
and the Poison Control Center Enhancement and Awareness Act, 
$6,698,437,000, of which $367,563,000 shall be available for 
construction and renovation (including equipment) of health care and 
other facilities, abstinence education and related services, and other 
health-related activities as specified in the statement of the managers 
on the conference report accompanying this Act, and of which $39,740,000 
from general revenues, notwithstanding section 1820(j) of the Social 
Security Act, shall be available for carrying out the Medicare rural 
hospital flexibility grants program under section 1820 of such Act: 
Provided, That of the funds made available under this heading, $250,000 
shall be available until expended for facilities renovations at the 
Gillis W. Long Hansen's Disease Center: Provided further, That in 
addition to fees authorized by section 427(b) of the Health Care Quality 
Improvement Act of 1986, fees shall be collected for the full disclosure 
of information under the Act sufficient to recover the full costs of 
operating the National Practitioner Data Bank, and shall remain 
available until expended to carry out that Act: Provided further, That 
fees collected for the full disclosure of information under the ``Health 
Care Fraud and Abuse Data Collection Program'', authorized by section 
1128E(d)(2) of the Social Security Act, shall be sufficient to recover 
the full costs of operating the program, and shall remain available 
until expended to carry out that Act: Provided further, That $25,000,000 
of the funding provided for community health centers shall be used for 
base grant adjustments for existing centers: Provided further, That no 
more than $4,850,000 is available for carrying out the provisions of 
section 233(o) of title 42, United States Code, including associated 
administrative expenses: Provided further, That no more than $45,000,000 
is available for carrying out the provisions of Public Law 104-73: 
Provided further, That $10,000,000 is available until expended to 
establish a National Cord Blood Stem Cell Bank Program as described in 
the statement of the managers on the conference report accompanying this 
Act: Provided further, <<NOTE: Family planning.>> That of the funds made 
available under this heading, $280,000,000 shall be for the program 
under title X of the Public Health Service Act to provide for voluntary 
family planning projects: Provided further, <<NOTE: Abortion.>> That 
amounts provided to said projects under such title shall not be expended 
for abortions, that all pregnancy counseling shall be nondirective, and 
that such amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That $753,317,000 shall 
be for State AIDS Drug Assistance Programs authorized by section 2616 of 
the Public

[[Page 118 STAT. 238]]

Health Service Act: Provided further, That in addition to amounts 
provided herein, $25,000,000 shall be available from amounts available 
under section 241 of the Public Health Service Act to carry out parts A, 
B, C, and D of title XXVI of the Public Health Service Act to fund 
section 2691 Special Projects of National Significance: Provided 
further, That notwithstanding section 502(a)(1) of the Social Security 
Act, not to exceed $121,130,000 is available for carrying out special 
projects of regional and national significance pursuant to section 
501(a)(2) <<NOTE: Grants. Abstinence. Health Education Assistance Loans 
Program Account>> of such Act: Provided further, That $70,488,000 is 
available for special projects of regional and national significance 
under section 501(a)(2) of the Social Security Act, which shall not be 
counted toward compliance with the allocation required in section 
502(a)(1) of such Act, and which shall be used only for making 
competitive grants to provide abstinence education (as defined in 
section 510(b)(2) of such Act) to adolescents and for Federal costs of 
administering the grants: Provided further, That grants under the 
immediately preceding proviso shall be made only to public and private 
entities which agree that, with respect to an adolescent to whom the 
entities provide abstinence education under such grant, the entities 
will not provide to that adolescent any other education regarding sexual 
conduct, except that, in the case of an entity expressly required by law 
to provide health information or services the adolescent shall not be 
precluded from seeking health information or services from the entity in 
a different setting than the setting in which the abstinence education 
was provided: Provided further, That in addition to amounts provided 
herein for abstinence education to adolescents, $4,500,000 shall be 
available from amounts available under section 241 of the Public Health 
Service Act to carry out evaluations (including longitudinal 
       evaluations) of adolescent pregnancy prevention approaches.

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act, as 
amended. For administrative expenses to carry out the guaranteed loan 
program, including section 709 of the Public Health Service Act, 
                               $3,389,000.

    For payments from the Vaccine Injury Compensation Program Trust 
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after 
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public 
Health Service Act, to remain available until expended: Provided, That 
for necessary administrative expenses, not to exceed $3,222,000 shall be 
available from the Trust Fund to the Secretary of Health and Human 
Services.

               Centers for Disease Control and Prevention

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 
301, and 501 of the Federal Mine Safety and Health Act of 1977, sections 
20, 21, and 22 of the Occupational Safety

[[Page 118 STAT. 239]]

and Health Act of 1970, title IV of the Immigration and Nationality Act, 
and section 501 of the Refugee Education Assistance Act of 1980; 
including purchase and insurance of official motor vehicles in foreign 
countries; and purchase, hire, maintenance, and operation of aircraft, 
$4,545,472,000, of which $262,000,000 shall remain available until 
expended for equipment, and construction and renovation of facilities, 
and of which $293,569,000 for international HIV/AIDS shall remain 
available until September 30, 2005, including $150,000,000, to remain 
available until expended for the ``International Mother and Child HIV 
Prevention Initiative''. In addition, such sums as may be derived from 
authorized user fees, which shall be credited to this account: Provided, 
That in addition to amounts provided herein, $14,000,000 shall be 
available from amounts available under section 241 of the Public Health 
Service Act to carry out the National Immunization Surveys: Provided 
further, That in addition to amounts provided herein, $127,634,000 shall 
be available from amounts available under section 241 of the Public 
Health Service Act to carry out the National Center for Health 
Statistics surveys: Provided further, That in addition to amounts 
provided herein, $28,600,000 shall be available from amounts available 
under section 241 of the Public Health Service Act to carry out 
information systems standards development and architecture and 
applications-based research used at local public health levels: Provided 
further, That in addition to amounts provided herein, $41,900,000 shall 
be available from amounts available under section 241 of the Public 
Health Service Act to carry out Research Tools and Approaches activities 
within the National Occupational Research Agenda: Provided further, That 
none of the funds made available for injury prevention and control at 
the Centers for Disease Control and Prevention may be used, in whole or 
in part, to advocate or promote gun control: Provided further, That the 
Director may redirect the total amount made available under authority of 
Public Law 101-502, section 3, dated November 3, 1990, to activities the 
Director <<NOTE: Notification.>> may so designate: Provided further, 
That the Congress is to be notified promptly of any such transfer: 
Provided further, That not to exceed $12,500,000 may be available for 
making grants under section 1509 of the Public Health Service Act to not 
more than 15 States: Provided further, That without regard to existing 
statute, funds appropriated may be used to proceed, at the discretion of 
the Centers for Disease Control and Prevention, with property 
acquisition, including a long-term ground lease for construction on non-
Federal land, to support the construction of a replacement laboratory in 
the Fort Collins, Colorado area: Provided further, That notwithstanding 
any other provision of law, a single contract or related contracts for 
development and construction of facilities may be employed which 
collectively include the full scope of the project: Provided further, 
That the solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232-18.

                      National Institutes of Health

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

[[Page 118 STAT. 240]]

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
              and blood and blood products, $2,897,145,000.

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

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
                             $1,682,457,000.

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
                             $1,510,776,000.

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,335,155,000: Provided, That $150,000,000 may be made available to 
International Assistance Programs, ``Global Fund to Fight HIV/AIDS, 
    Malaria, and Tuberculosis'', to remain available until expended.

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

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
                             $1,250,585,000.

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
                              $657,199,000.

    For carrying out sections 301 and 311 and title IV of the Public 
Health Service Act with respect to environmental health sciences, 
                              $636,974,000.

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

[[Page 118 STAT. 241]]

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
                         diseases, $504,300,000.

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
                              $384,477,000.

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

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

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

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

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

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
                         research, $288,900,000.

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,186,183,000: Provided, That none of these funds shall 
be used to pay recipients of the general research support grants program 
any amount for indirect expenses in connection with such grants: 
Provided further, That $119,220,000 shall be for extramural facilities 
construction grants.

[[Page 118 STAT. 242]]

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

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
                         research, $192,724,000.

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

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to health information communications, 
$311,635,000, of which $4,000,000 shall be available until expended for 
improvement of information systems: Provided, That in fiscal year 2004, 
the Library may enter into personal services contracts for the provision 
of services in facilities owned, operated, or constructed under the 
jurisdiction of the National Institutes of Health: Provided further, 
That in addition to amounts provided herein, $8,200,000 shall be 
available from amounts available under section 241 of the Public Health 
Service Act to carry out National Information Center on Health Services 
    Research and Health Care Technology and related health services.

    For carrying out the responsibilities of the Office of the Director, 
National Institutes of Health, $329,707,000, of which up to $7,500,000 
shall be used to carry out section 221 of this Act: Provided, That 
funding shall be available for the purchase of not to exceed 29 
passenger motor vehicles for replacement only: Provided further, That 
the Director may direct up to 1 percent of the total amount made 
available in this or any other Act to all National Institutes of Health 
appropriations to activities the Director may so designate: Provided 
further, That no such appropriation shall be decreased by more than 1 
percent by any such transfers and that the Congress is promptly notified 
of the transfer: Provided further, That the National Institutes of 
Health is authorized to collect third party payments for the cost of 
clinical services that are incurred in National Institutes of Health 
research facilities and that such payments shall be credited to the 
National Institutes of Health Management Fund: Provided further, That 
all funds credited to the National Institutes of Health Management Fund 
shall remain available for 1 fiscal year after the fiscal year in which 
they are deposited: Provided further, That up to $500,000 shall be 
available to carry out section 499 of the Public Health Service Act.

[[Page 118 STAT. 243]]

    For the study of, construction of, renovation of, and acquisition of 
equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $89,500,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, single contracts or related contracts, which 
collectively include the full scope of the project, may be employed for 
the development and construction of the first and second phases of the 
John Edward Porter Neuroscience Research Center: Provided further, That 
the solicitations and contracts shall contain the clause ``availability 
of funds'' found at 48 CFR 52.232-18.

        Substance Abuse and Mental Health Services Administration

    For carrying out titles V and XIX of the Public Health Service Act 
with respect to substance abuse and mental health services, the 
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and 
section 301 of the Public Health Service Act with respect to program 
management, $3,253,763,000: Provided, That in addition to amounts 
provided herein, $79,200,000 shall be available from amounts available 
under section 241 of the Public Health Service Act to carry out subpart 
II of title XIX of the Public Health Service Act to fund section 1935(b) 
technical assistance, national data, data collection and evaluation 
activities, and further that the total available under this Act for 
section 1935(b) activities shall not exceed 5 percent of the amounts 
appropriated for subpart II of title XIX: Provided further, That in 
addition to the amounts provided herein, $21,850,000 shall be available 
from amounts available under section 241 of the Public Health Service 
Act to carry out subpart I of part B of title XIX of the Public Health 
Service Act to fund section 1920(b) technical assistance, data 
collection and program evaluation activities, and further that the total 
available under this Act for section 1920(b) activities shall not exceed 
5 percent of the amounts appropriated for subpart I of part B of title 
XIX: Provided further, That in addition to amounts provided herein, 
$16,000,000 shall be made available from amounts available under section 
241 of the Public Health Service Act to carry out national surveys on 
drug abuse.

               Agency for Healthcare Research and Quality

    For carrying out titles III and IX of the Public Health Service Act, 
and part A of title XI of the Social Security Act, amounts received from 
Freedom of Information Act fees, reimbursable and interagency 
agreements, and the sale of data shall be credited to this appropriation 
and shall remain available until expended: Provided, That the amount 
made available pursuant to section 927(c) of the Public Health Service 
Act shall not exceed $303,695,000: Provided further, That, of the funds 
made available under this heading, $12,000,000 shall be for the conduct 
of research

[[Page 118 STAT. 244]]

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

               Centers for Medicare and Medicaid Services

    For carrying out, except as otherwise provided, titles XI and XIX of 
the Social Security Act, $130,892,197,000, to remain available until 
expended.
    For making, after May 31, 2004, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2004 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2005, $58,416,275,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
                           subsequent quarter.

    For payment to the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds, as provided under section 
1844 of the Social Security Act, sections 103(c) and 111(d) of the 
Social Security Amendments of 1965, section 278(d) of Public Law 97-248, 
and for administrative expenses incurred pursuant to section 201(g) of 
                the Social Security Act, $95,084,100,000.

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act, and the Clinical Laboratory Improvement 
Amendments of 1988, not to exceed $2,664,994,000, to be transferred from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds, as authorized by section 201(g) of the Social 
Security Act; together with all funds collected in accordance with 
section 353 of the Public Health Service Act and section 1857(e)(2) of 
the Social Security Act, and such sums as may be collected from 
authorized user fees and the sale of data, which shall remain available 
until expended, and together with administrative fees collected relative 
to Medicare overpayment recovery activities, which shall remain 
available until expended: Provided, That all funds derived in accordance 
with 31 U.S.C. 9701 from organizations established under title XIII of 
the Public Health Service Act shall be credited to and available for 
carrying out the purposes of this appropriation: Provided further, That 
$30,000,000, to remain available until September 30, 2005, is for 
contract costs for CMS's Systems Revitalization Plan: Provided further, 
That $56,991,000, to remain available until September 30, 2005, is for 
contract costs for the Healthcare Integrated General Ledger Accounting 
System: Provided further, That of the amounts made available for 
research, demonstration and evaluation, $100,000 is available for 
Advocate Health Care

[[Page 118 STAT. 245]]

in Oak Brook, Illinois, for health education programs and services to 
the deaf and hard-of-hearing, $1,750,000 is available for AIDS 
Healthcare Foundation in Los Angeles for a demonstration of residential 
and outpatient treatment facilities, $250,000 is available for Berwick 
Hospital Center, Berwick, Pennsylvania, for stabilizing the workforce 
for patient care, $163,000 is available for Bloomsburg Hospital, 
Bloomsburg, Pennsylvania for stabilizing the workforce for patient care, 
$275,000 is available for Cheyenne River Sioux Tribe in Eagle Butte, 
South Dakota, to establish a nursing home, $778,000 is available for 
Community Medical Center, Scranton, Pennsylvania, for stabilizing the 
workforce for patient care, $150,000 is available for Cook County 
(Illinois) Bureau of Health Services to improve the management of 
vulnerable patients with poorly controlled diabetes, $178,000 is 
available for Divine Providence Hospital, Williamsport, Pennsylvania, 
for stabilizing the workforce for patient care, $267,000 is available 
for Geisinger Wyoming Valley Medical Center, Wilkes-Barre, Pennsylvania, 
for stabilizing the workforce for patient care, $237,000 is available 
for Hazleton General Hospital, Hazleton, Pennsylvania, for stabilizing 
the workforce for patient care, $25,000 is available for Hope Worldwide, 
Philadelphia, Pennsylvania, to maintain clinical care for recovering 
drug and alcohol addicts, $825,000 is available for Illinois Primary 
Health Care Association for the Shared Integrated Management Information 
System, Springfield, Illinois, $250,000 is available for James S. Taylor 
Memorial Home, Louisville, Kentucky, $100,000 is available for Jefferson 
Area Board for Aging, Charlottesville, Virginia, for the Nursing 
Assistant Institute, $85,000 is available for Jersey Shore Hospital, 
Jersey Shore, Pennsylvania for stabilizing the workforce for patient 
care, $179,000 is available for Marian Community Hospital, Carbondale, 
Pennsylvania, for stabilizing the workforce for patient care, $200,000 
is available for Medical Care for Children Partnership, Fairfax, 
Virginia, to provide outreach to increase access to medical and dental 
care for children, $393,000 is available for Mercy Health Partners, 
Scranton, Pennsylvania, for stabilizing the workforce for patient care, 
$571,000 is available for Mercy Hospital, Wilkes-Barre, Pennsylvania, 
for stabilizing the workforce for patient care, $63,000 is available for 
Mid-Valley Hospital, Peckville, Pennsylvania, for stabilizing the 
workforce for patient care, $510,000 is available for Moses Taylor 
Hospital, Scranton, Pennsylvania, for stabilizing the workforce for 
patient care, $109,000 is available for Muncy Valley Hospital, Muncy, 
Pennsylvania, for stabilizing the workforce for patient care, $225,000 
is available for Muskegon Community Health Project, Muskegon, Michigan, 
for the Access Health program, $75,000 is available for North Penn 
Visiting Nurse Association, Lansdale, Pennsylvania, to provide low-cost 
or free health care to children who do not have health insurance, 
$122,000 is available for Patient Advocate Foundation, Newport News, 
Virginia, to provide direct intervention assistance to patients 
throughout the United States who are experiencing difficulty in 
accessing quality health care services, $100,000 is available for Rhode 
Island Hospital-Medical Simulation Center of Providence, Rhode Island, 
for the creation of a transportable simulation-based training curriculum 
and validated human performance measurement system, $256,000 is 
available for Saint Joseph Medical Center, Hazleton, Pennsylvania, for 
stabilizing the workforce for patient care, $100,000 is available

[[Page 118 STAT. 246]]

for Santa Clara County, California, for its Children's Health Initiative 
program to provide outreach and enrollment assistance for families under 
300 percent of Federal poverty level, $664,000 is available for Sharon 
Regional Health System, Sharon, Pennsylvania, for stabilizing the 
workforce for patient care, $25,000 is available for Sickle Cell Medical 
Treatment & Education Center, St. Louis Children's Hospital, St. Louis, 
Missouri, to improve the academic achievement of children with Sickle 
Cell Disease with specific cognitive rehabilitation, $111,000 is 
available for Tyler Memorial Hospital, Tunkhannock, Pennsylvania, for 
stabilizing the workforce for patient care, $174,000 is available for 
United Community Hospital, Grove City, Pennsylvania, for stabilizing the 
workforce for patient care, $503,000 is available for UPMC Horizon, 
Farrell, Pennsylvania, for stabilizing the workforce for patient care, 
$613,000 is available for Williamsport Hospital & Medical Center, 
Williamsport, Pennsylvania, for stabilizing the workforce for patient 
care, and $965,000 is available for Wyoming Valley Health Care System, 
Wilkes-Barre, Pennsylvania, for stabilizing the workforce for patient 
care: Provided further, That the Secretary of Health and Human Services 
is directed to collect fees in fiscal year 2004 from Medicare+Choice 
organizations pursuant to section 1857(e)(2) of the Social Security Act 
and from eligible organizations with risk-sharing contracts under 
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act: 
Provided further, that to the extent Medicare claims processing unit 
costs are projected by the Centers for Medicare & Medicaid Services to 
exceed $0.87 for part A claims and/or $0.65 for part B claims, up to an 
additional $18,000,000 may be available for obligation for every $0.04 
increase in Medicare claims processing unit costs from the Federal 
Hospital Insurance and the Federal Supplementary Medical Insurance Trust 
Funds. The calculation of projected unit costs shall be derived in the 
same manner in which the estimated unit costs were calculated for the 
              Federal budget estimate for the fiscal year.

    For carrying out subsections (d) and (e) of section 1308 of the 
Public Health Service Act, any amounts received by the Secretary in 
connection with loans and loan guarantees under title XIII of the Public 
Health Service Act, to be available without fiscal year limitation for 
the payment of outstanding obligations. During fiscal year 2004, no 
commitments for direct loans or loan guarantees shall be made.

                Administration for Children and Families

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), $3,292,970,000, to remain 
available until expended; and for such purposes for the first quarter of 
fiscal year 2005, $1,200,000,000, to remain available until expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-

[[Page 118 STAT. 247]]

A of the Social Security Act before the effective date of the program of 
Temporary Assistance for Needy Families (TANF) with respect to such 
State, such sums as may be necessary: Provided, That the sum of the 
amounts available to a State with respect to expenditures under such 
title IV-A in fiscal year 1997 under this appropriation and under such 
title IV-A as amended by the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 shall not exceed the limitations 
under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960 (24 
U.S.C. ch. 9), for the last 3 months of the current fiscal year for 
unanticipated costs, incurred for the current fiscal year, such sums as 
                            may be necessary.

    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,800,000,000.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $100,000,000, to remain available until 
expended: Provided, That these funds are for the unanticipated home 
energy assistance needs of one or more States, as authorized by section 
2604(e) of the Act, and notwithstanding the designation requirement of 
                            section 2602(e).

    For necessary expenses for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), for carrying out section 462 of the Homeland Security Act of 
2002 (Public Law 107-296), and for carrying out section 5 of the Torture 
Victims Relief Act of 1998 (Public Law 105-320), $450,276,000, of which 
up to $9,968,000 shall be available to carry out the Trafficking Victims 
Protection Act of 2000 (Public Law 106-386; division A): Provided, That 
funds appropriated under this heading pursuant to section 414(a) of the 
Immigration and Nationality Act for fiscal year 2004 shall be available 
for the costs of assistance provided and other activities, to remain 
                  available through September 30, 2006.

    For carrying out sections 658A through 658R of the Omnibus Budget 
Reconciliation Act of 1981 (Child Care and Development Block Grant Act 
of 1990), $2,099,729,000 shall be used to supplement, not supplant State 
general revenue funds for child care assistance for low-income families: 
Provided, That $19,120,000 shall be available for child care resource 
and referral and school-aged child care activities, of which $1,000,000 
shall be for the Child Care Aware toll free hotline: Provided further, 
That, in addition to the amounts required to be reserved by the States 
under section 658G, $272,672,000 shall be reserved by the States for 
activities authorized under section 658G, of which $100,000,000 shall be 
for activities that improve the quality of infant and toddler care:

[[Page 118 STAT. 248]]

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

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000: Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out State 
     programs pursuant to title XX of such Act shall be 10 percent.

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, as amended, the Native American Programs Act of 1974, 
title II of Public Law 95-266 (adoption opportunities), the Adoption and 
Safe Families Act of 1997 (Public Law 105-89), sections 1201 and 1211 of 
the Children's Health Act of 2000, the Abandoned Infants Assistance Act 
of 1988, sections 261 and 291 of the Help America Vote Act of 2002, the 
Early Learning Opportunities Act, part B(1) of title IV and sections 
413, 429A, 1110, and 1115 of the Social Security Act, and sections 
40155, 40211, and 40241 of Public Law 103-322; for making payments under 
the Community Services Block Grant Act, sections 439(h), 473A, and 
477(i) of the Social Security Act, and title IV of Public Law 105-285, 
and for necessary administrative expenses to carry out said Acts and 
titles I, IV, X, XI, XIV, XVI, and XX of the Social Security Act, the 
Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation 
Act of 1981, title IV of the Immigration and Nationality Act, section 
501 of the Refugee Education Assistance Act of 1980, section 5 of the 
Torture Victims Relief Act of 1998 (Public Law 105-320), sections 40155, 
40211, and 40241 of Public Law 103-322, and section 126 and titles IV 
and V of Public Law 100-485, $8,816,097,000, of which $7,500,000, to 
remain available until September 30, 2005, shall be for grants to States 
for adoption incentive payments, as authorized by section 473A of title 
IV of the Social Security Act (42 U.S.C. 670-679) and may be made for 
adoptions completed before September 30, 2004: Provided, That funds 
appropriated in Public Law 108-7 for grants to States as authorized by 
section 473A of title IV of the Social Security Act shall also be 
available for adoption incentive payments for adoptions completed before 
September 30, 2004: Provided further, That $6,815,570,000 shall be for 
making payments under the Head Start Act, of which $1,400,000,000 shall 
become available October 1, 2004 and remain available through September 
30, 2005: Provided further, That $735,686,000 shall be for making 
payments under the Community Services Block Grant Act: Provided further, 
That not less than $7,227,000 shall be for section 680(3)(B) of the 
Community Services Block Grant Act, as amended: Provided further, That 
in addition to amounts provided herein, $6,000,000 shall be available 
from amounts available under section 241 of the Public Health Service 
Act to carry out the provisions of section 1110 of the Social Security 
Act: Provided further, That to the extent Community Services Block Grant 
funds are distributed as

[[Page 118 STAT. 249]]

grant funds by a State to an eligible entity as provided under the Act, 
and have not been expended by such entity, they shall remain with such 
entity for carryover into the next fiscal year for expenditure by such 
entity consistent with program purposes: Provided 
further, <<NOTE: Procedures. 42 USC 9921 note. promoting safe and stable 
families>> That the Secretary shall establish procedures regarding the 
disposition of intangible property which permits grant funds, or 
intangible assets acquired with funds authorized under section 680 of 
the Community Services Block Grant Act, as amended, to become the sole 
property of such grantees after a period of not more than 12 years after 
the end of the grant for purposes and uses consistent with the original 
grant: Provided further, That funds appropriated for section 680(a)(2) 
of the Community Services Block Grant Act, as amended, shall be 
available for financing construction and rehabilitation and loans or 
investments in private business enterprises owned by community 
development corporations: Provided further, That $89,978,000 shall be 
for activities authorized by the Runaway and Homeless Youth Act, 
notwithstanding the allocation requirements of section 388(a) of such 
Act, of which $40,505,000 is for the transitional living program: 
Provided further, That $48,000,000 is for a compassion capital fund to 
provide grants to charitable organizations to emulate model social 
service programs and to encourage research on the best practices of 
social service organizations: Provided further, That $15,000,000 shall 
be for activities authorized by the Help America Vote Act of 2002, of 
which $10,000,000 shall be for payments to States to promote disabled 
voter access, and of which $5,000,000 shall be for payments to States 
          for disabled voters protection and advocacy systems.

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

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $5,068,300,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Act, for the first quarter of fiscal year 2005, 
$1,767,700,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E, 
for the last 3 months of the current fiscal year for unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.

                         Administration on Aging

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 398 of the Public Health 
Service Act, $1,381,689,000, of which $5,500,000 shall be available for 
activities regarding medication management, screening, and education to 
prevent incorrect medication and

[[Page 118 STAT. 250]]

adverse drug reactions; and of which $2,842,000 shall remain available 
until September 30, 2006, for the White House Conference on Aging.

                         Office of the Secretary

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, XVII, XX, and XXI of the Public Health Service Act, and 
the United States-Mexico Border Health Commission Act, $357,358,000, 
together with $5,851,000 to be transferred and expended as authorized by 
section 201(g)(1) of the Social Security Act from the Hospital Insurance 
Trust Fund and the Supplemental Medical Insurance Trust Fund: Provided, 
That of the funds made available under this heading for carrying out 
title XX of the Public Health Service Act, $11,885,000 shall be for 
activities specified under section 2003(b)(2), of which $10,157,000 
shall be for prevention service demonstration grants under section 
510(b)(2) of title V of the Social Security Act, as amended, without 
application of the limitation of section 2010(c) of said title XX: 
Provided further, That of this amount, $49,838,000 is for minority AIDS 
prevention and treatment activities; and $15,000,000 shall be for an 
Information Technology Security and Innovation Fund for Department-wide 
activities involving cybersecurity, information technology security, and 
related innovation projects, and $5,000,000 is to assist Afghanistan in 
the development of maternal and child health clinics, consistent with 
  section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002.

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $39,497,000: Provided, That, of such amount, necessary sums are 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
                is a Federal offense under 18 U.S.C. 228.

    For expenses necessary for the Office for Civil Rights, $30,936,000, 
together with not to exceed $3,314,000 to be transferred and expended as 
authorized by section 201(g)(1) of the Social Security Act from the 
Hospital Insurance Trust Fund and the Supplemental Medical Insurance 
                               Trust Fund.

    For carrying out, to the extent not otherwise provided, research 
studies under section 1110 of the Social Security Act and title III of 
the Public Health Service Act, $20,750,000, which shall be available 
from amounts available under section 241 of the Public Health Service 
Act to carry out national health or human services research and 
evaluation activities: Provided, That the expenditure of any funds 
available under section 241 of the Public Health Service Act are subject 
to the requirements of section 205 of this Act.

[[Page 118 STAT. 251]]

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. ch. 55 and 56), and for payments 
pursuant to section 229(b) of the Social Security Act (42 U.S.C. 
429(b)), such amounts as may be required during the current fiscal year. 
The following are definitions for the medical benefits of the Public 
Health Service Commissioned Officers that apply to 10 U.S.C. chapter 56, 
section 1116(c). The source of funds for the monthly accrual payments 
into the Department of Defense Medicare-Eligible Retiree Health Care 
Fund shall be the Retirement Pay and Medical Benefits for Commissioned 
Officers account. For purposes of this Act, the term ``pay of members'' 
shall be construed to be synonymous with retirement payments to United 
States Public Health Service officers who are retired for age, 
disability, or length of service; payments to survivors of deceased 
officers; medical care to active duty and retired members and dependents 
and beneficiaries; and for payments to the Social Security 
Administration for military service credits; all of which payments are 
provided for by the Retirement Pay and Medical Benefits for Commissioned 
                            Officers account.

    For expenses necessary to support activities related to countering 
potential biological, disease and chemical threats to civilian 
populations, $1,726,846,000: Provided, That this amount is distributed 
as follows: Centers for Disease Control and Prevention, $1,116,156,000; 
Office of the Secretary, $64,820,000; and Health Resources and Services 
Administration, $545,870,000: Provided further, That at the discretion 
of the Secretary of Health and Human Services, these amounts may be 
transferred between categories subject to normal reprogramming 
procedures: Provided further, That employees of the Centers for Disease 
Control and Prevention or the Public Health Service, both civilian and 
Commissioned Officers, detailed to States, municipalities, or other 
organizations under authority of section 214 of the Public Health 
Service Act for purposes related to homeland security, shall be treated 
as non-Federal employees for reporting purposes only and shall not be 
included within any personnel ceiling applicable to the Agency, Service, 
or the Department of Health and Human Services during the period of 
detail or assignment.
    In addition, for activities to ensure a year-round influenza vaccine 
production capacity and the development and implementation of rapidly 
expandable influenza vaccine production technologies, $50,000,000, to 
remain available until expended.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation expenses 
when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service

[[Page 118 STAT. 252]]

to assist in child survival activities and to work in AIDS programs 
through and with funds provided by the Agency for International 
Development, the United Nations International Children's Emergency Fund 
or the World Health Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399F(b) of the Public Health Service Act or section 
1503 of the National Institutes of Health Revitalization Act of 1993, 
Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, through 
a grant or other extramural mechanism, at a rate in excess of Executive 
Level I.
    Sec. 205. <<NOTE: Reports.>> None of the funds appropriated in this 
Act may be expended pursuant to section 241 of the Public Health Service 
Act, except for funds specifically provided for in this Act, or for 
other taps and assessments made by any office located in the Department 
of Health and Human Services, prior to the Secretary's preparation and 
submission of a report to the Committee on Appropriations of the Senate 
and of the House detailing the planned uses of such funds.

    Sec. 206. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary shall determine, but not more 
than 2.2 percent, of any amounts appropriated for programs authorized 
under said Act shall be made available for the evaluation (directly, or 
by grants or contracts) of the implementation and effectiveness of such 
                                programs.

    Sec. 207. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year for 
the Department of Health and Human Services in this Act may be 
transferred between appropriations, but no such appropriation shall be 
increased by more than 3 percent by any such transfer: Provided, That an 
appropriation may be increased by up to an additional 2 percent subject 
to approval by the House and Senate Committees on Appropriations: 
Provided further, <<NOTE: Notification.>> That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.

    Sec. 208. The Director of the National Institutes of Health, jointly 
with the Director of the Office of AIDS Research, may transfer up to 3 
percent among institutes, centers, and divisions from the total amounts 
identified by these two Directors as funding for research pertaining to 
the human immunodeficiency virus: Provided, <<NOTE: Notification.>> That 
the Congress is promptly notified of the transfer.

    Sec. 209. Of the amounts made available in this Act for the National 
Institutes of Health, the amount for research related to the human 
immunodeficiency virus, as jointly determined by the Director of the 
National Institutes of Health and the Director of the Office of AIDS 
Research, shall be made available to the ``Office of AIDS Research'' 
account. The Director of the Office of AIDS Research shall transfer from 
such account amounts necessary to carry out section 2353(d)(3) of the 
Public Health Service Act.
    Sec. 210. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health

[[Page 118 STAT. 253]]

Service Act unless the applicant for the award certifies to the 
Secretary that it encourages family participation in the decision of 
minors to seek family planning services and that it provides counseling 
to minors on how to resist attempts to coerce minors into engaging in 
sexual activities.
    Sec. 211. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare+Choice program if the Secretary denies participation in such 
program to an otherwise eligible entity (including a Provider Sponsored 
Organization) because the entity informs the Secretary that it will not 
provide, pay for, provide coverage of, or provide referrals for 
abortions: Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare+Choice organization 
described in this section shall be responsible for informing enrollees 
where to obtain information about all Medicare covered services.
    Sec. 212. Notwithstanding any other provision of law, no provider of 
services under title X of the Public Health Service Act shall be exempt 
from any State law requiring notification or the reporting of child 
abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 213. The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``1997, 1998, 
                1999, 2000, 2001, 2002, and 2003'' and inserting ``1997, 
                1998, 1999, 2000, 2001, 2002, 2003, and 2004''; and
                    (B) in subsection (e), by striking ``October 1, 
                2003'' each place it appears and inserting ``October 1, 
                2004'';
                    (C) in subsection (b)(1)--
                          (i) in subparagraph (A), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (B), by striking the 
                      period and inserting ``; and''; and
                          (iii) by adding at the end the following:
            ``(C) one or more categories of aliens who are or were 
        nationals and residents of the Islamic Republic or Iran who, as 
        members of a religious minority in Iran, share common 
        characteristics that identify them as targets of persecution in 
        that state on account of race, religion, nationality, membership 
        in a particular social group, or political opinion.''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``September 30, 2003'' and inserting 
        ``September 30, 2004''.

    Sec. 214. (a) Except as provided by subsection (e) none of the funds 
appropriated by this Act may be used to withhold substance abuse funding 
from a State pursuant to section 1926 of the Public Health Service Act 
(42 U.S.C. 300x-26) if such State certifies to the Secretary of Health 
and Human Services by May 1, 2004, that the State will commit additional 
State funds, in accordance with subsection (b), to ensure compliance 
with State

[[Page 118 STAT. 254]]

laws prohibiting the sale of tobacco products to individuals under 18 
years of age.
    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses the 
retailer compliance rate goal established by the Secretary of Health and 
Human Services under section 1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal year 2004 
for tobacco prevention programs and for compliance activities at a level 
that is not less than the level of such expenditures maintained by the 
State for fiscal year 2003, and adding to that level the additional 
funds for tobacco compliance activities required under subsection 
(a). <<NOTE: Reports. Deadline.>> The State is to submit a report to the 
Secretary on all fiscal year 2003 State expenditures and all fiscal year 
2004 obligations for tobacco prevention and compliance activities by 
program activity by July 31, 2004.

    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31, 2004.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to section 1926 from a 
territory that receives less than $1,000,000.
    Sec. 215. In order for the Centers for Disease Control and 
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease, 
and other health activities abroad during fiscal year 2004, the 
Secretary of Health and Human Services--
            (1) may exercise authority equivalent to that available to 
        the Secretary of State in section 2(c) of the State Department 
        Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary 
        of Health and Human Services shall consult with the Secretary of 
        State and relevant Chief of Mission to ensure that the authority 
        provided in this section is exercised in a manner consistent 
        with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
        3927) and other applicable statutes administered by the 
        Department of State; and
            (2) is authorized to provide such funds by advance or 
        reimbursement to the Secretary of State as may be necessary to 
        pay the costs of acquisition, lease, alteration, renovation, and 
        management of facilities outside of the United States for the 
        use of the Department of Health and Human Services. The 
        Department of State shall cooperate fully with the Secretary of 
        Health and Human Services to ensure that the Department of 
        Health and Human Services has secure, safe, functional 
        facilities that comply with applicable regulation governing 
        location, setback, and other facilities requirements and serve 
        the purposes established by this Act. The Secretary of Health 
        and Human Services is authorized, in consultation with the 
        Secretary of State, through grant or cooperative agreement, to 
        make available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS and 
        other

[[Page 118 STAT. 255]]

        infectious diseases, chronic and environmental diseases, and 
        other health activities abroad.

    Sec. 216. The Division of Federal Occupational Health may utilize 
personal services contracting to employ professional management/
administrative and occupational health professionals.
    Sec. 217. <<NOTE: 42 USC 284f note.>> Notwithstanding section 
409B(c) of the Public Health Service Act regarding a limitation on the 
number of such grants, funds appropriated in this Act and Acts in fiscal 
years thereafter may be expended by the Director of the National 
Institutes of Health to award Core Center Grants to encourage the 
development of innovative multidisciplinary research and provide 
training concerning Parkinson's disease. Each center funded under such 
grants shall be designated as a Morris K. Udall Center for Research on 
Parkinson's Disease.

    Sec. 218. <<NOTE: Deadline. Reports.>> Not later than 90 days after 
the date of enactment of this Act, the Director of the National 
Institutes of Health shall submit to the appropriate committees of 
Congress a report that shall--
            (1) contain the recommendations of the Director concerning 
        the role of the National Institutes of Health in promoting the 
        affordability of inventions and products developed with Federal 
        funds; and
            (2) specify whether any circumstances exist to prevent the 
        Director from promoting the affordability of inventions and 
        products developed with Federal funds.

    Sec. 219. <<NOTE: 42 USC 294o note.>> Notwithstanding any other 
provisions of law, funds made available under this heading may be used 
to continue operating the Council on Graduate Medical Education 
established by section 301 of Public Law 102-408.

    Sec. 220. Designation of Senator Paul D. Wellstone NIH MDCRC 
Program. (a) Findings.--Congress finds the following:
            (1) On December 18, 2001, Public Law 107-84, otherwise known 
        as the Muscular Dystrophy Community Assistance, Research and 
        Education Amendments of 2001, or the MD CARE Act, was signed 
        into law to provide for research and education with respect to 
        various forms of muscular dystrophy, including Duchenne, Becker, 
        limb girdle, congenital, facioscapulohumeral, myotonic, 
        oculopharyngeal, distal, and EmeryDreifuss muscular dystrophies.
            (2) In response to the MD CARE Act of 2001, in September 
        2002, the National Institutes of Health (NIH) announced its 
        intention to establish the Muscular Dystrophy Cooperative 
        Research Centers (MDCRC) program.
            (3) Senator Paul D. Wellstone was a driving force behind 
        enactment of the MD CARE Act, which led to the establishment of 
        the MDCRC program.

    (b) Designation.--The NIH Muscular Dystrophy Cooperative Research 
Centers (MDCRC) program shall be known and designated as the ``Senator 
Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers'', in 
honor of Senator Paul D. Wellstone who was deceased on October 25, 2002.
    (c) References.--Any reference in a law, regulation, document, 
paper, or other record of the United States to the NIH program of 
Muscular Dystrophy Cooperative Research Centers shall be deemed to be a 
reference to the ``Senator Paul D. Wellstone Muscular Dystrophy 
Cooperative Research Centers''.

[[Page 118 STAT. 256]]

    Sec. 221. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health may use funds 
available under section 402(i) of the Public Health Service Act (42 
U.S.C. 282(i)) to enter into transactions (other than contracts, 
cooperative agreements, or grants) to carry out research in support of 
the NIH Roadmap Initiative of the Director.
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director of the National Institutes of Health may utilize such 
peer review procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appropriate to 
obtain assessments of scientific and technical merit. 
Such <<NOTE: Applicability.>> procedures shall apply to such 
transactions in lieu of the peer review and advisory council review 
procedures that would otherwise be required under sections 301(a)(3), 
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health 
Service Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 
289a, and 289c).

    Sec. 222. Section 307(c) of the Denali Commission Act of 1998 (42 
U.S.C. 3121 note) is amended by striking ``is authorized to make 
grants'' and inserting ``is authorized to make interagency transfers''.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2004''.

 TITLE <<NOTE: Department of Education Appropriations Act, 2004.>> III--
DEPARTMENT OF EDUCATION

                     Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $14,528,522,000, of which $6,983,169,000 shall become available on 
July 1, 2004, and shall remain available through September 30, 2005, and 
of which $7,383,301,000 shall become available on October 1, 2004, and 
shall remain available through September 30, 2005, for academic year 
2004-2005: Provided, That $7,107,283,000 shall be available for basic 
grants under section 1124: Provided further, That up to $3,500,000 of 
these funds shall be available to the Secretary of Education on October 
1, 2003, to obtain annually updated educational-agency-level census 
poverty data from the Bureau of the Census: Provided further, That 
$1,365,031,000 shall be available for concentration grants under section 
1124A: Provided further, That $1,969,843,000 shall be available for 
targeted grants under section 1125: Provided further, That 
$1,969,843,000 shall be available for education finance incentive grants 
under section 1125A: Provided further, That $235,000,000 shall be 
available for comprehensive school reform grants under part F of the 
ESEA: Provided further, That from the $8,842,000 available to carry out 
part E of title I, up to $1,000,000 shall be available to the Secretary 
of Education to provide technical assistance to State and local 
educational agencies concerning part A of title I.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,236,824,000, of which $1,070,000,000 
shall be for basic support payments under section

[[Page 118 STAT. 257]]

8003(b), $50,668,000 shall be for payments for children with 
disabilities under section 8003(d), $46,208,000 shall be for 
construction under section 8007 and shall remain available through 
September 30, 2005, $62,000,000 shall be for Federal property payments 
under section 8002, and $7,948,000, to remain available until expended, 
shall be for facilities maintenance under section 8008: Provided, That 
$1,500,000 of the funds for section 8007 shall be available for the 
local educational agencies and in the amounts specified in the statement 
of the managers on the conference report accompanying this Act: Provided 
further, That, notwithstanding any other provision of law, these funds 
shall remain available until expended.

                       School Improvement Programs

    For carrying out school improvement activities authorized by titles 
II, part B of title IV, part A and subparts 6 and 9 of part D of title 
V, parts A and B of title VI, and parts B and C of title VII of the 
Elementary and Secondary Education Act of 1965 (``ESEA''); the McKinney-
Vento Homeless Assistance Act; and the Civil Rights Act of 1964, 
$5,834,208,000, of which $4,282,199,000 shall become available on July 
1, 2004, and remain available through September 30, 2005, and of which 
$1,435,000,000 shall become available on October 1, 2004, and shall 
remain available through September 30, 2005, for academic year 2004-
2005: Provided, That funds made available to carry out part B of title 
VII of the ESEA may be used for construction, renovation and 
modernization of any elementary school, secondary school, or structure 
related to an elementary school or secondary school, run by the 
Department of Education of the State of Hawaii, that serves a 
predominantly Native Hawaiian student body: Provided further, That from 
the funds referred to in the preceding proviso, not less than $1,000,000 
shall be for a grant to the Department of Education of the State of 
Hawaii for the activities described in such proviso: Provided further, 
That funds made available to carry out part C of title VII of the ESEA 
may be used for construction: Provided further, That $391,600,000 shall 
be for subpart 1 of part A of title VI of the ESEA: Provided further, 
That $27,821,000 shall be available to carry out part D of title V of 
the ESEA: Provided further, That no funds appropriated under this 
heading may be used to carry out section 5494 under the ESEA.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $121,573,000.

                       Innovation and Improvement

    For carrying out activities authorized by parts G and H of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V, and section 1504 of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), $1,106,811,000: Provided, That $74,513,000 for 
continuing and new grants to demonstrate effective approaches to 
comprehensive school reform shall become available on July 1, 2004, and 
remain available through September 30, 2005, and shall be allocated and 
expended in the same manner as the funds provided under the Fund for the

[[Page 118 STAT. 258]]

Improvement of Education for this purpose were allocated and expended in 
fiscal year 2003: Provided further, That $18,500,000 shall be available 
to carry out section 2151(c) of the ESEA, of which not less than 
$10,000,000 shall be provided to the National Board for Professional 
Teaching Standards, not less than $7,000,000 shall be provided to the 
National Council on Teacher Quality, and up to $1,500,000 may be 
reserved by the Secretary to conduct an evaluation of activities 
authorized by such section: Provided further, That $430,463,000 shall be 
available to carry out part D of title V of the ESEA: Provided further, 
That $177,271,000 of the funds for subpart 1, part D of title V of the 
ESEA shall be available for the projects and in the amounts specified in 
the statement of the managers on the conference report accompanying this 
Act.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, part A of title IV, and subparts 2, 3 and 10 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), title VIII-D of the Higher Education Amendments of 1998, and 
Public Law 102-73, $862,813,000, of which $470,483,000 shall become 
available on July 1, 2004, and remain available through September 30, 
2005: Provided, That of the amount available for subpart 2 of part A of 
title IV of the ESEA, $850,000 shall be used to continue the National 
Recognition Awards program under the same guidelines outlined by section 
120(f) of Public Law 105-244: Provided further, That $445,483,000 shall 
be available for subpart 1 of part A of title IV and $234,680,000 shall 
be available for subpart 2 of part A of title IV: Provided further, That 
$128,838,000 shall be available to carry out part D of title V of the 
ESEA: Provided further, That of the funds available to carry out subpart 
3 of part C of title II, up to $11,922,000 may be used to carry out 
section 2345 and $2,980,000 shall be used by the Center for Civic 
Education to implement a comprehensive program to improve public 
knowledge, understanding, and support of the Congress and the State 
legislatures: Provided further, That $25,000,000 shall be for Youth 
Offender Grants, of which $5,000,000 shall be used in accordance with 
section 601 of Public Law 102-73 as that section was in effect prior to 
enactment of Public Law 105-220.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $685,258,000, of 
which $560,301,000 shall become available on July 1, 2004, and shall 
remain available through September 30, 2005: Provided, That 
notwithstanding section 3111(c)(4)(B)(ii), the Secretary may, in 
determining the allotments under section 3111(c)(3), use the same Census 
data for the number of limited English proficient children and youth 
used for the previous year's allotments under section 3111(c)(3) and the 
most recent data collected from States for the number of immigrant 
children and youth that is acceptable to the Secretary: Provided 
further, That funds reserved under section 3111(c)(1)(D) of the ESEA 
that are not used in accordance with section 3111(c)(2) may be added to 
the funds that are available July 1, 2004 through September 30, 2005, 
for State allotments under section 3111(c)(3).

[[Page 118 STAT. 259]]

                            Special Education

    For carrying out the Individuals with Disabilities Education Act, 
$11,307,072,000, of which $5,604,762,000 shall become available for 
obligation on July 1, 2004, and shall remain available through September 
30, 2005, and of which $5,413,000,000 shall become available on October 
1, 2004, and shall remain available through September 30, 2005, for 
academic year 2004-2005: Provided, That $11,400,000 shall be for 
Recording for the Blind and Dyslexic to support the development, 
production, and circulation of recorded educational materials: Provided 
further, That $1,500,000 shall be for the recipient of funds provided by 
Public Law 105-78 under section 687(b)(2)(G) of the Act to provide 
information on diagnosis, intervention, and teaching strategies for 
children with disabilities: Provided further, That the amount for 
section 611(c) of the Act shall be equal to the amount available for 
that section during fiscal year 2003, increased by the amount of 
inflation as specified in section 611(f)(1)(B)(ii) of the Act: Provided 
further, That $6,879,000 of the funds for section 672 of the Act shall 
be available for the projects and in the amounts specified in the 
statement of the managers of the conference report accompanying this 
Act.

             Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $3,013,305,000, of which 
$1,000,000 shall be awarded to the American Academy of Orthotists and 
Prosthetists for activities that further the purposes of the grant 
received by the Academy for the period beginning October 1, 2003, 
including activities to meet the demand for orthotic and prosthetic 
provider services and improve patient care: Provided, That the funds 
provided for title I of the Assistive Technology Act of 1998 (``the AT 
Act'') shall be allocated notwithstanding section 105(b)(1) of the AT 
Act: Provided further, That section 101(f) of the AT Act shall not limit 
the award of an extension grant to 3 years: Provided further, That no 
State or outlying area awarded funds under section 101 shall receive 
less than the amount received in fiscal year 2003: Provided further, 
That $5,035,000 of the funds for section 303 of the Rehabilitation Act 
of 1973 shall be available for the projects and in the amounts specified 
in the statement of the managers of the conference report accompanying 
this Act.

           Special Institutions for Persons With Disabilities

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

    For the National Technical Institute for the Deaf under titles I and 
II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
$53,800,000, of which $367,000 shall be for construction and shall 
remain available until expended: Provided, That from the total amount 
available, the Institute may at its discretion

[[Page 118 STAT. 260]]

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

    For the Kendall Demonstration Elementary School, the Model Secondary 
School for the Deaf, and the partial support of Gallaudet University 
under titles I and II of the Education of the Deaf Act of 1986 (20 
U.S.C. 4301 et seq.), $100,800,000: Provided, That from the total amount 
available, the University may at its discretion use funds for the 
endowment program as authorized under section 207.

                     Vocational and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Vocational and Technical Education Act of 1998, the Adult 
Education and Family Literacy Act, and subparts 4 and 11 of part D of 
title V of the Elementary and Secondary Education Act of 1965 
(``ESEA''), $2,121,690,000, of which $1,304,712,000 shall become 
available on July 1, 2004, and shall remain available through September 
30, 2005, and of which $791,000,000 shall become available on October 1, 
2004, and shall remain available through September 30, 2005: Provided, 
That notwithstanding any other provision of law or any regulation, the 
Secretary of Education shall not require the use of a restricted 
indirect cost rate for grants issued pursuant to section 117 of the Carl 
D. Perkins Vocational and Technical Education Act of 1998: Provided 
further, That of the amount provided for Adult Education State Grants, 
$69,545,000 shall be made available for integrated English literacy and 
civics education services to immigrants and other limited English 
proficient populations: Provided further, That of the amount reserved 
for integrated English literacy and civics education, notwithstanding 
section 211 of the Adult Education and Family Literacy Act, 65 percent 
shall be allocated to States based on a State's absolute need as 
determined by calculating each State's share of a 10-year average of the 
Immigration and Naturalization Service data for immigrants admitted for 
legal permanent residence for the 10 most recent years, and 35 percent 
allocated to States that experienced growth as measured by the average 
of the 3 most recent years for which Immigration and Naturalization 
Service data for immigrants admitted for legal permanent residence are 
available, except that no State shall be allocated an amount less than 
$60,000: Provided further, That of the amounts made available for the 
Adult Education and Family Literacy Act, $9,223,000 shall be for 
national leadership activities under section 243 and $6,732,000 shall be 
for the National Institute for Literacy under section 242: Provided 
further, That $185,000,000 shall be available to carry out part D of 
title V of the ESEA: Provided further, That $175,000,000 shall be 
available to support the activities authorized under subpart 4 of part D 
of title V of the Elementary and Secondary Education Act of 1965, of 
which up to 5 percent shall become available October 1, 2003, and shall 
remain available through September 30, 2005, for evaluation, technical 
assistance, school networking, peer review of applications, and program 
outreach activities, and of which not less than 95 percent shall become 
available on July 1, 2004, and remain

[[Page 118 STAT. 261]]

available through September 30, 2005, for grants to local educational 
agencies: Provided further, That funds made available to local education 
agencies under this subpart shall be used only for activities related to 
establishing smaller learning communities in high schools.

                      Student Financial Assistance

    For carrying out subparts 1, 3, and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$14,090,430,000, which shall remain available through September 30, 
2005.
    The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a 
student shall be eligible during award year 2004-2005 shall be $4,050.

                       Student Aid Administration

    For Federal administrative expenses (in addition to funds made 
available under section 458), to carry out part D of title I, and 
subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV of 
the Higher Education Act of 1965, as amended, $118,010,000.

                            Higher Education

    For carrying out, to the extent not otherwise provided, section 121 
and titles II, III, IV, V, VI, and VII of the Higher Education Act of 
1965 (``HEA''), as amended, section 1543 of the Higher Education 
Amendments of 1992, title VIII of the Higher Education Amendments of 
1998, and the Mutual Educational and Cultural Exchange Act of 1961, 
$2,094,511,000, of which $2,000,000 for interest subsidies authorized by 
section 121 of the HEA shall remain available until expended: Provided, 
That $9,935,000, to remain available through September 30, 2005, shall 
be available to fund fellowships for academic year 2005-2006 under part 
A, subpart 1 of title VII of said Act, under the terms and conditions of 
part A, subpart 1: Provided further, That $994,000 is for data 
collection and evaluation activities for programs under the HEA, 
including such activities needed to comply with the Government 
Performance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made available in this 
Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual 
Educational and Cultural Exchange Act of 1961 may be used to support 
visits and study in foreign countries by individuals who are 
participating in advanced foreign language training and international 
studies in areas that are vital to United States national security and 
who plan to apply their language skills and knowledge of these countries 
in the fields of government, the professions, or international 
development: Provided further, That up to 1 percent of the funds 
referred to in the preceding proviso may be used for program evaluation, 
national outreach, and information dissemination activities: Provided 
further, That $123,110,000 of the funds for part B of title VII of the 
Higher Education Act of 1965 shall be available for the projects and in 
the amounts specified in the statement of the managers of the conference 
report accompanying this Act.

[[Page 118 STAT. 262]]

                            Howard University

    For partial support of Howard University (20 U.S.C. 121 et seq.), 
$240,180,000, of which not less than $3,573,000 shall be for a matching 
endowment grant pursuant to the Howard University Endowment Act (Public 
Law 98-480) and shall remain available until expended.

          College Housing and Academic Facilities Loans Program

    For Federal administrative expenses authorized under section 121 of 
the Higher Education Act of 1965, $774,000 to carry out activities 
related to existing facility loans entered into under the Higher 
Education Act of 1965.

  Historically Black College and University Capital Financing Program 
                                 Account

    The aggregate principal amount of outstanding bonds insured pursuant 
to section 344 of title III, part D of the Higher Education Act of 1965, 
shall not exceed $357,000,000, and the cost, as defined in section 502 
of the Congressional Budget Act of 1974, of such bonds shall not exceed 
zero.
    For administrative expenses to carry out the Historically Black 
College and University Capital Financing Program entered into pursuant 
to title III, part D of the Higher Education Act of 1965, as amended, 
$210,000.

                     Institute of Education Sciences

    For carrying out activities authorized by Public Law 107-279, 
$478,717,000: Provided, That, of the amount appropriated, $166,500,000 
shall be available for obligation through September 30, 2005: Provided 
further, That of the amount provided to carry out title I, parts B and D 
of Public Law 107-279, not less than $24,362,000 shall be for the 
national research and development centers authorized under section 
133(c): Provided further, That $4,968,000 shall be available to extend 
for one additional year the contract for the Eisenhower National 
Clearinghouse for Mathematics and Science Education authorized under 
section 2102(a)(2) of the Elementary and Secondary Education Act of 
1965, prior to its amendment by the No Child Left Behind Act of 2001, 
Public Law 107-110.

                         Departmental Management

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of three passenger motor 
vehicles, $425,000,000, of which $13,644,000, to remain available until 
expended, shall be for building alterations and related expenses for the 
relocation of department staff to Potomac Center Plaza in Washington, 
D.C.

[[Page 118 STAT. 263]]

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

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $47,137,000.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of equipment 
for such transportation) in order to overcome racial imbalance in any 
school or school system, or for the transportation of students or 
teachers (or for the purchase of equipment for such transportation) in 
order to carry out a plan of racial desegregation of any school or 
school system.
    Sec. 302. None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, except 
for a student requiring special education, to the school offering such 
special education, in order to comply with title VI of the Civil Rights 
Act of 1964. For the purpose of this section an indirect requirement of 
transportation of students includes the transportation of students to 
carry out a plan involving the reorganization of the grade structure of 
schools, the pairing of schools, or the clustering of schools, or any 
combination of grade restructuring, pairing or clustering. The 
prohibition described in this section does not include the establishment 
of magnet schools.
    Sec. 303. No funds appropriated under this Act may be used to 
prevent the implementation of programs of voluntary prayer and 
                    meditation in the public schools.

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of Education 
in this Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer: Provided, <<NOTE: Notification.>> That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.

    Sec. <<NOTE: 20 USC 1087kk note.>> 305. Special Study of 
Simplification of Need Analysis and Application for title IV Aid. (a) 
Study Required.--The Advisory Committee on Student Financial Assistance 
established by section 491 of the Higher Education Act of 1965 (20 
U.S.C. 1098), hereafter in this section referred to as ``the Advisory 
Committee'', shall conduct a thorough study of the feasibility of 
simplifying the need analysis methodology for all Federal student 
financial assistance programs and the process of applying for such 
assistance.

    (b) Required Subjects of Study.--In performing the study, the 
Advisory Committee shall, at a minimum, examine the following:

[[Page 118 STAT. 264]]

            (1) whether the methodology used to calculate the expected 
        family contribution can be simplified without significant 
        adverse effects on program intent, costs, integrity, delivery, 
        and distribution of awards;
            (2) whether the number of data elements, and, accordingly, 
        the number and complexity of questions asked of students and 
        families, used to calculate the expected family contribution can 
        be reduced without such adverse effects;
            (3) whether the procedures for determining such data 
        elements, including determining and updating offsets and 
        allowances, is the most efficient, effective, and fair means to 
        determine a family's available income and assets;
            (4) whether the methodology used to calculate the expected 
        family contribution, specifically the consideration of income 
        earned by a dependent student and its effect on Pell grant 
        eligibility, is an effective and fair means to determine a 
        family's available income and a student's need;
            (5) whether the nature and timing of the application 
        required in section 483 (a)(1) of the Higher Education Act of 
        1965 (20 U.S.C. 1090(a)(1)), eligibility and award 
        determination, financial aid processing, and funds delivery can 
        be streamlined further for students and families, institutions, 
        and States;
            (6) whether it is feasible to allow students to complete 
        only those limited sections of the financial aid application 
        that apply to their specific circumstances and the State in 
        which they reside;
            (7) whether a widely disseminated printed form, or the use 
        of an Internet or other electronic means, can be developed to 
        notify individuals of an estimation of their approximate 
        eligibility for grant, work-study, and loan assistance upon 
        completion and verification of the simplified application form;
            (8) whether information provided on other Federal forms 
        (such as the form applying for supplemental security income 
        under title XVI of the Social Security Act, the form for 
        applying for food stamps under the Food Stamp Act of 1977, and 
        the schedule for applying for the earned income tax credit under 
        section 32 of the Internal Revenue Code of 1986) that are 
        designed to determine eligibility for various Federal need-based 
        assistance programs could be used to qualify potential students 
        for the simplified needs test; and
            (9) whether any proposed changes to data elements collected, 
        in addition to those used to calculate expected family 
        contribution, or any proposed changes to the form's design or 
        the process of applying for aid, may have adverse effects on 
        program costs, integrity, delivery, or distribution of awards, 
        as well as, application development or application processing.

    (c) Additional Considerations.--In conducting the feasibility study, 
the Advisory Committee's primary objective under this subsection shall 
be simplifying the financial aid application forms and process and 
obtaining a substantial reduction in the number of required data items. 
In carrying out that objective, the Advisory Committee shall pay special 
attention to the needs of low-income and moderate-income students and 
families.
    (d) Consultation.--
            (1) In general.--The Advisory Committee shall consult with a 
        broad range of interested parties in higher education,

[[Page 118 STAT. 265]]

        including parents and students, high school guidance counselors, 
        financial aid and other campus administrators, appropriate State 
        administrators, administrators of intervention and outreach 
        programs, and appropriate officials from the Department of 
        Education.
            (2) Forms design expert.--With the goal of making 
        significant changes to the form to make the questions more 
        easily understandable, the Advisory Committee shall consult a 
        forms design expert to ensure that its recommendations for 
        revision of the application form would assist in making the form 
        easily readable and understood by parents, students, and other 
        members of the public.
            (3) Congressional consultation.--The Advisory Committee 
        shall consult on a regular basis with the Committee on Education 
        and the Workforce of the House of Representatives and the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate in carrying out the feasibility study required by this 
        subsection.
            (4) Departmental consultation.--The Secretary of Education 
        shall provide such assistance to the Advisory Committee as is 
        requested and practicable in conducting the study required by 
        this subsection.

    (e) <<NOTE: Deadlines.>> Reports.--
            (1) Interim report.--The Advisory Committee shall, not later 
        than 6 months after the date of enactment of this Act, prepare 
        and submit an interim report containing any such legislative 
        changes as the Advisory Committee recommends to reform and 
        simplify the needs analysis under part F of title IV of the 
        Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.) and 
        forms and other requirements under such title to the Committee 
        on Education and the Workforce of the House of Representatives, 
        the Committee on Health, Education, Labor, and Pensions of the 
        Senate, and the Secretary of Education.
            (2) Final report.--The Advisory Committee shall, not later 
        than 1 year after the date of enactment of this Act, prepare and 
        submit a full final report on the study, including 
        recommendations for regulatory and administrative changes 
        required by this section, to the Committee on Education and the 
        Workforce of the House of Representatives, the Committee on 
        Health, Education, Labor, and Pensions of the Senate, and the 
        Secretary of Education.

    (f) Implementation.--The Secretary of Education shall consult with 
the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate and shall subsequently initiate a redesign of the 
form required by section 483 of the Higher Education Act of 1965 (20 
U.S.C. 1090). Such redesign shall include the testing of alternative 
simplified versions of the free Federal form. The Secretary shall keep 
the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Health, Education, Labor, and 
Pensions of the Senate fully and currently informed on the progress of 
these efforts.
    (g) Postponement of Tax Table Update Pending Report and 
Implementation.--The Secretary of Education shall not implement or 
enforce for the award year 2004-2005 the annual update to the allowances 
for State and other taxes in the tables used

[[Page 118 STAT. 266]]

in the Federal needs analysis methodology, as prescribed by the 
Secretary on May 30, 2003 (68 Fed. Reg. 32473).
    Sec. 306. <<NOTE: Deadline.>> The Secretary of Education shall treat 
as timely filed an application under section 8003 of the Elementary and 
Secondary Education Act of 1965 from the local educational agency for 
Hydaburg, Alaska, for a payment for fiscal year 2004, and shall process 
such application for payment, if the Secretary has received the fiscal 
year 2004 application not later than 30 days after the date of enactment 
of this Act.

    This title may be cited as the ``Department of Education 
Appropriations Act, 2004''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington and 
the Armed Forces Retirement Home--Gulfport, to be paid from funds 
available in the Armed Forces Retirement Home Trust Fund, $65,279,000, 
of which $1,983,000 shall remain available until expended for 
construction and renovation of the physical plants at the Armed Forces 
Retirement Home--Washington and the Armed Forces Retirement Home--
Gulfport.

             Corporation for National and Community Service

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic Volunteer 
Service Act of 1973, as amended, $356,443,000: Provided, That none of 
the funds made available to the Corporation for National and Community 
Service in this Act for activities authorized by section 122 of part C 
of title I and part E of title II of the Domestic Volunteer Service Act 
of 1973 shall be used to provide stipends or other monetary incentives 
to volunteers or volunteer leaders whose incomes exceed 125 percent of 
the national poverty level.

                   Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2006, $400,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay for 
receptions, parties, or similar forms of entertainment for Government 
officials or employees: Provided further, That none of the funds 
contained in this paragraph shall be available or used to aid or support 
any program or activity from which any person is excluded, or is denied 
benefits, or is discriminated against, on the basis of race, color, 
national origin, religion, or sex: Provided further, That for fiscal 
year 2004, in addition to the amounts provided above, $50,000,000 shall 
be for costs related

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to digital program production, development, and distribution, associated 
with the transition of public broadcasting to digital broadcasting, to 
be awarded as determined by the Corporation in consultation with public 
radio and television licensees or permittees, or their designated 
representatives: Provided further, That for fiscal year 2004, in 
addition to the amounts provided above, $10,000,000 shall be for the 
costs associated with implementing the first phase of the next 
generation interconnection system.

               Federal Mediation and Conciliation Service

    For expenses necessary for the Federal Mediation and Conciliation 
Service to carry out the functions vested in it by the Labor Management 
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of 
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses 
necessary for the Service to carry out the functions vested in it by the 
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), 
$43,385,000, including $1,500,000, to remain available through September 
30, 2005, for activities authorized by the Labor-Management Cooperation 
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 
3302, fees charged, up to full-cost recovery, for special training 
activities and other conflict resolution services and technical 
assistance, including those provided to foreign governments and 
international organizations, and for arbitration services shall be 
credited to and merged with this account, and shall remain available 
until expended: Provided further, That fees for arbitration services 
shall be available only for education, training, and professional 
development of the agency workforce: Provided further, That the Director 
of the Service is authorized to accept and use on behalf of the United 
States gifts of services and real, personal, or other property in the 
aid of any projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

    For expenses necessary for the Federal Mine Safety and Health Review 
Commission (30 U.S.C. 801 et seq.), $7,774,000.

                Institute of Museum and Library Services

    For carrying out the Museum and Library Services Act of 1996, 
$262,596,000, to remain available until expended: Provided, That of the 
amount provided, $125,000 shall be awarded to the Alabama School of Math 
and Science at the University of Alabama for technology upgrades and 
library resources, $50,000 shall be awarded to the Alaska Moving Image 
Preservation Association, Anchorage, Alaska, to digitize files/photos/
videos of Alaskan history, $25,000 shall be awarded to the Alex Haley 
House Museum, Henning, Tennessee, for care and preservation of 
collection, $500,000 shall be awarded to the Allen County Historical 
Society, Lima, Ohio, for the ``Move Our Past Forward'' project to expand 
and develop exhibits for their Children's Discovery Museum Center, 
$75,000 shall be awarded to the Allentown Art Museum, Allentown,

[[Page 118 STAT. 268]]

Pennsylvania, for educational programming for school districts, $100,000 
shall be awarded to the Alutiiq Museum, Kodiak, Alaska, to support 
programs to teach students and adults how to develop traditional Native 
arts, $200,000 shall be awarded to the American Village Citizenship 
Trust, Montevallo, Alabama, for a national initiative for teaching 
American history and civics, $100,000 shall be awarded to the Arab 
Community Center for Economic and Social Services (ACCESS), Dearborn, 
Michigan, for exhibits and museum programs, $100,000 shall be awarded to 
the Ashland Community Arts Center, Ashland, Ohio, for Arts in Downtown 
project, $75,000 shall be awarded to the Athenaeum of Philadelphia, 
Philadelphia, Pennsylvania, to preserve library materials and access to 
information in the form of digital images on the Internet, $500,000 
shall be awarded to the Beth Medrash Govoha, Lakewood, New Jersey, for 
equipment and exhibits for the Holocaust Library, $400,000 shall be 
awarded to the Bishop Museum in Hawaii, for activities to preserve the 
culture of Native Hawaiians, $400,000 shall be awarded to the Bishop 
Museum in Hawaii to develop Native Hawaiian cultural projects in 
collaboration with the Peabody Museum of Massachusetts and an Alaskan 
museum, $900,000 shall be awarded to the Burpee Museum of Natural 
History, Rockford, Illinois, for community outreach and educational 
activities, $100,000 shall be awarded to the Campbell Center for 
Historic Preservation Studies, Mount Carroll, Illinois, for community 
outreach and program planning, $200,000 shall be awarded to the Chaldean 
Community Culture Center, West Bloomfield, Michigan, for programs that 
promote Chaldean language, history, culture and teacher training, 
$250,000 shall be awarded to the Chapman University, Orange, California, 
for technological infrastructure, $250,000 shall be awarded to the 
Chartiers Valley Partnership, Inc., Carnegie, Pennsylvania, for 
technological upgrades and educational programs at the Andrew Carnegie 
Free Library, $113,000 shall be awarded to the Children's Museum at La 
Habra, California, for a Hands On English Program, $144,000 shall be 
awarded to the Children's Museum of History, Natural History, Science 
and Technology, Utica, New York, for technology improvements, staffing 
and training, $400,000 shall be awarded to the Cincinnati Museum Center 
at Union Terminal, Cincinnati, Ohio, to develop and implement an 
integrated curriculum that will utilize its resources in art, science, 
and history when visiting the museum, $150,000 shall be awarded to the 
City of Hemet, California, for Hemet Public Library, for library 
materials and technological equipment, $387,000 shall be awarded to the 
City of Whittier, California, for the Whittier Public Library Children's 
Area and History Room, $250,000 shall be awarded to the Cleveland Health 
Museum, Cleveland Ohio, for exhibits, $100,000 shall be awarded to the 
College of Physicians of Philadelphia, Philadelphia, Pennsylvania, to 
preserve medical library and art collection, $400,000 shall be awarded 
to the Davenport Music History Museum in Davenport, Iowa, $75,000 shall 
be awarded to the Delaware County Historical Society, Media, 
Pennsylvania, for educational programs highlighting historical themes 
and sites relating to Delaware County, $75,000 shall be awarded to the 
East Stroudsburg University, East Stroudsburg, Pennsylvania, to preserve 
and develop exhibits for their Vintage Radio Programs and Jazz Museum, 
$100,000 shall be awarded to the Elmwood Zoo, Norristown, Pennsylvania, 
for student education programs, $75,000 shall be awarded to the Erie 
County,

[[Page 118 STAT. 269]]

Erie, Pennsylvania, for technology upgrades for the Erie County Library, 
$100,000 shall be awarded to the Fender Museum of the Arts Foundation, 
Corona, California, for the Kids Rock Free educational program, $200,000 
shall be awarded to the Fine Arts Museums of San Francisco for the De 
Young Museum's Art Education Program, $1,500,000 shall be awarded to the 
Florida Holocaust Museum, St. Petersburg, Florida, for school outreach 
program, $750,000 shall be awarded to the Florida International Museum, 
St. Petersburg, Florida, for professional activities, $1,600,000 shall 
be awarded to the Folger Library, Washington, D.C., for exhibits, 
operations, and public programs including education and outreach, 
$50,000 shall be awarded to the Forsyth County Public Library, Winston-
Salem, North Carolina, for salaries, supplies, personnel and materials, 
$50,000 shall be awarded to the Gault Family Learning Center, Wooster, 
Ohio, for PALS/Parenting Resource Center/Growing Together, $250,000 
shall be awarded to the General George S. Patton Jr. National Museum of 
Cavalry and Armor, Fort Knox, Kentucky, $500,000 shall be awarded to the 
George C. Marshall Foundation in Lexington, Virginia, for exhibit design 
and development and collection preservation, $500,000 shall be awarded 
to the Grout Museum, Waterloo, Iowa, for exhibits and design of the 
Sullivan Brothers Veterans Museum and Research Center, $200,000 shall be 
awarded to the Heritage Harbor Museum of Providence, Rhode Island, for 
exhibit design and development relating Rhode Island and American 
history, $150,000 shall be awarded to the Hernando County Library 
System, Florida, for technology improvements at West Hernando Branch 
Library, Brooksville Main Library, Spring Hill Library, and East 
Hernando Branch Library, $250,000 shall be awarded to the Hesperia 
Community Library, Hesperia, California, $200,000 shall be awarded to 
the His