S.1585 - Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004108th Congress (2003-2004)
Bill
Hide Overview| Sponsor: | Sen. Gregg, Judd [R-NH] (Introduced 09/05/2003) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 108-144 |
| Latest Action: | Senate - 09/05/2003 Placed on Senate Legislative Calendar under General Orders. Calendar No. 274. (All Actions) |
| Notes: | H.R. 2673, the Consolidated Appropriations bill, contains FY2004 appropriations for Agriculture, Commerce-Justice-State, District of Columbia, Foreign Operations, Labor-HHS-Education, Transportation-Treasury, and VA-HUD. See H.R. 2673 for further action. |
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Placed on Calendar Senate (09/05/2003)
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 1585 Placed on Calendar Senate (PCS)]
Calendar No. 274
108th CONGRESS
1st Session
S. 1585
[Report No. 108-144]
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.
Rule___________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 5, 2003
Mr. Gregg, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2004, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE AND RELATED AGENCY
RELATED AGENCY
Foreign Terrorist Tracking Task Force
For expenses necessary for the Foreign Terrorist Tracking Task
Force, including salaries and expenses, operations, equipment, and
facilities, $72,607,000: Provided, That funds available under this
heading shall be managed only by the Director of the Foreign Terrorist
Tracking Task Force or his designee.
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $110,734,000, of which not to exceed $3,137,000 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 31
permanent positions, 33 full-time equivalent workyears and $3,464,000
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.
In addition, $5,437,000 shall be available to manage and administer
the seizure and forfeiture of assets.
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, $23,176,000, to remain available until
September 30, 2005.
legal activities office automation
For necessary expenses related to the design, development,
engineering, acquisition, and implementation of office automation
systems for the organizations funded under the headings ``Salaries and
Expenses, General Legal Activities'', and ``General Administration,
Salaries and Expenses'', and the United States Attorneys, the United
States Marshals Service, the Antitrust Division, the United States
Trustee Program, the Executive Office for Immigration Review, the
Community Relations Service, the Bureau of Prisons, the Office of
Justice Programs and the United States Parole Commission, $66,240,000,
to remain available until September 30, 2005.
narrowband communications
For the costs of conversion to narrowband communications, including
the cost for operation and maintenance of Land Mobile Radio legacy
systems, $103,171,000, to remain available until September 30, 2005.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $194,111,000.
detention trustee
For necessary expenses of the Federal Detention Trustee who shall
exercise all power and functions authorized by law relating to the
detention of Federal prisoners in non-Federal institutions or otherwise
in the custody of the United States Marshals Service, $849,876,000, to
remain available until expended: Provided, That the Trustee shall be
responsible for managing detention personnel and the Justice Prisoner
and Alien Transportation System and for overseeing construction of
detention facilities and housing related to such detention; the
management of funds appropriated to the Department 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.
office of inspector general
For necessary expenses of the Office of Inspector General,
$60,840,000; including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character; and for the acquisition,
lease, maintenance, and operation of motor vehicles.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission,
$10,718,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia, $632,637,000, 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, as amended, 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, $141,898,000: Provided, That, notwithstanding any other provision
of law, not to exceed $112,000,000 of offsetting collections derived
from fees collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a),
regardless of the year of collection, shall be retained and used for
necessary expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2004, so as to result in a final fiscal
year 2004 appropriation from the general fund estimated at not more
than $29,898,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,507,879,000; 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 10,346
positions and 10,415 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, $10,000,000 shall be for Project Seahawk and shall remain
available until expended: Provided further, That of the funds made
available under this heading, $3,766,000 shall be available only to
expand the Project Seahawk pilot to include six additional locations,
including Hampton, on the Hampton River, for which $489,000 is
available for a public safety marine docking facility.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $170,168,000, 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, $170,168,000 of offsetting collections pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary expenses in this
appropriation and remain available until expended: Provided further,
That the sum herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2004, so as to
result in a final fiscal year 2004 appropriation from the Fund
estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as authorized
by 5 U.S.C. 3109, $1,207,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service,
including the acquisition, lease, maintenance, and operation of
vehicles, and the purchase of passenger motor vehicles for police-type
use, without regard to the general purchase price limitation for the
current fiscal year, $602,274,000, of which not less than $165,779,000
shall only be available for fugitive apprehension activities, of which
not to exceed $6,000 shall be available for official reception and
representation expenses, and of which not to exceed $4,000,000 shall be
available for development, implementation, maintenance and support of,
subscription to, or training for automated fugitive apprehension
systems and shall remain available until expended: Provided, That 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 further, That, in addition to reimbursable full-time
equivalent workyears available to the United States Marshals Service,
not less than 4,435 positions and 4,244 full-time equivalent workyears
shall be supported out of the funds appropriated in this Act for the
United States Marshals Service.
construction
For planning, constructing, renovating, equipping, and maintaining
United States Marshals Service prisoner-holding space in United States
courthouses and Federal buildings, including the renovation and
expansion of prisoner movement areas, elevators, and sallyports,
$25,964,000, to remain available until September 30, 2006.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, $156,145,000, to remain available
until September 30, 2005; of which not to exceed $8,000,000 may be made
available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of equipment
incident thereto, for protected witness safesites; of which not to
exceed $1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of protected
witnesses; and of which not to exceed $5,000,000 may be made available
for the purchase, installation, and maintenance of secure
telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,526,000 and, in addition, up to $1,000,000 of funds made available
to the Department of Justice in this Act may be transferred by the
Attorney General to this account: Provided, That notwithstanding any
other provision of law, upon a determination by the Attorney General
that emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such amounts to
the Community Relations Service, from available appropriations for the
current fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a reprogramming
under section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B),
(F), and (G), as amended, $22,949,000, to be derived from the
Department of Justice Assets Forfeiture Fund.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $415,010,000, 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 Attorney General for
reallocation among participating organizations in succeeding fiscal
years, subject to the reprogramming procedures set forth in section 605
of this Act.
Interagency Law Enforcement Support
salaries and expenses
For expenses necessary to administer and support joint Federal,
State, local, and foreign law enforcement activities, including the
design, development, test, deployment, maintenance, upgrade, or
retirement of systems, the purchase, lease, loan, or maintenance of
equipment and vehicles, the design, construction, maintenance, upgrade,
or demolition of facilities, and travel, overtime, and other
assistance, $551,784,000, of which $50,000,000 shall remain available
until September 30, 2005.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 2,454
passenger motor vehicles, of which 1,843 will be for replacement only;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, $3,885,989,000; 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 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 $50,000 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 28,445 positions and
26,887 full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the Federal Bureau of Investigation.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $44,791,000, to remain
available until September 30, 2006.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character; 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; purchase of not to
exceed 982 passenger motor vehicles, of which 886 will be for
replacement only, for police-type use; and acquisition, lease,
maintenance, and operation of aircraft, $1,512,281,000; 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, and 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; 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 8,184 positions and 7,936 full-time equivalent workyears
shall be supported from the funds appropriated in this Act for the Drug
Enforcement Administration.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, including the purchase of not to exceed 822 vehicles
for police-type use, of which 650 shall be for replacement only; not to
exceed $18,000 for official reception and representation expenses; for
laboratory assistance and for training of State and local law
enforcement agencies, with or without reimbursement, $829,593,000, 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 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 no 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 18
U.S.C. 925(c): 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 no funds appropriated herein shall be available for
salaries and 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 subparagraphs (A)
and (B) of 28 U.S.C. 530C(b)(2), are amended by inserting ``for the
Bureau of Alcohol, Tobacco, Firearms and Explosives,'' after ``Marshals
Service,'' in each subparagraph.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed 713, of which 504 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, $3,872,791,000, of which $1,493,305,000
shall be for Inmate Care and Programs, $1,897,523,000 shall be for
Institution Security and Administration, $332,359,000 shall be for
Contract Confinement, and $149,604,000 shall be for Management and
Administration: Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as may be
necessary for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent/fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $6,000 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2005: Provided further, That, of the
amounts provided for Contract Confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980, as amended, for the care and security in the United States of
Cuban and Haitian entrants: Provided further, That the Director of the
Federal Prison System may accept donated property and services relating
to the operation of the prison card program from a not-for-profit
entity which has operated such program in the past notwithstanding the
fact that such not-for-profit entity furnishes services under contracts
to the Federal Prison System relating to the operation of pre-release
services, halfway houses or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$345,805,000, 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.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,429,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said 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
management and administration
For the necessary expenses of the Office of Justice Programs,
$29,000,000: Provided, That none of the funds appropriated or otherwise
made available in title I of this Act shall be available for the Office
of the Assistant Attorney General, Office of Management and
Administration, and Office of Communications, Office of Justice
Programs.
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, and the Missing Children's Assistance Act, as
amended, including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended, $136,500,000, to
remain available until expended.
state and local law enforcement assistance
For State and local law enforcement assistance, $1,461,075,000:
Provided, That the funds made available under this heading shall be
subject to the same authorities as funds appropriated under this
heading in title I of Division B of Public Law 108-7: Provided further,
That funds made available under this heading for the State Criminal
Alien Assistance Program shall be disbursed only as a direct
reimbursement for each States' documented cost for incarcerating
undocumented criminal aliens: Provided further, That funds provided
under this heading shall be distributed in the manner described in the
following table:
Program Amount
Local Law Enforcement Block Grants................... $70,000,000
Boys and Girls Clubs................................. $80,000,000
State Criminal Alien Assistance Programs............. $250,000,000
Assistance to Indian Tribes.......................... $18,000,000
Byrne Grants (formula)............................... $500,000,000
Byrne Grants (discretionary)......................... $88,575,000
Violence Against Women Act Programs.................. $405,000,000
Drug Courts.......................................... $43,500,000
Missing Alzheimer's Disease Patient Alert Program.... $500,000
Law Enforcement Family Support Programs.............. $1,000,000
Marketing Scams Against Senior Citizens.............. $2,000,000
Motor Vehicle Theft Prevention Programs.............. $1,500,000.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $58,542,000, to remain available until September
30, 2005, for inter-governmental agreements, including grants,
cooperative agreements, and contracts, with State and local law
enforcement agencies, non-profit organizations, and agencies of local
government engaged in the investigation and prosecution of violent
crimes and drug offenses in ``Weed and Seed'' designated communities,
and for either reimbursements or transfers to appropriation accounts of
the Department of Justice and other Federal agencies which shall be
specified by the Attorney General to execute the ``Weed and Seed''
program strategy: Provided, That funds designated by Congress through
language for other Department of Justice appropriation accounts for
``Weed and Seed'' program activities shall be managed and executed by
the Attorney General through the Executive Office for Weed and Seed:
Provided further, That the Attorney General may direct the use of other
Department of Justice funds and personnel in support of ``Weed and
Seed'' program activities only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
community oriented policing services
For Community Oriented Policing Services, $656,636,000: Provided,
That the funds made available under this heading shall be subject to
the same authorities as funds appropriated under this heading in title
I of Division B of Public Law 108-7: Provided further, That of the
funds under this heading, not to exceed $1,972,000 shall be available
for Office of Justice Programs for reimbursable services: Provided
further, That funds provided under this heading shall be distributed in
the manner described in the following table:
Program Amount
Hiring Law Enforcement Officers...................... $200,000,000
Law Enforcement Armor Vest........................... $25,000,000
Tribal Law Enforcement............................... $20,000,000
Police Corps......................................... $15,000,000
Law Enforcement Technology Grants.................... $83,960,000
Interoperable Communications Technology.............. $140,000,000
Crime Identification Technology Act Criminal Records $36,626,000
Upgrade.
DNA Backlog Analysis and Backlog Reduction........... $19,050,000
Paul Coverdell Forensic Sciences Improvement Grants.. $15,000,000
Reduce Gun Violence.................................. $15,000,000
Southwest Border Prosecutor Initiative............... $15,000,000
Project Sentry....................................... $10,000,000
Offender Reentry Program............................. $5,000,000
Police Integrity Program............................. $5,000,000
Safe School Initiative............................... $17,000,000
Management and Administration........................ $35,000,000.
juvenile justice programs
For Juvenile Justice Programs, $232,330,000: Provided, That the
funds made available under this heading shall be subject to the same
authorities as funds appropriated under this heading in Title I of
Division B of Public Law 108-7: Provided, That not more than ten
percent of each amount may be used for research, evaluation, and
statistics activities designed to benefit the programs or activities
authorized: Provided further, That not more than two percent of each
amount may be used for training and technical assistance: Provided
further, That funds provided under this heading shall be distributed in
the manner described in the following table:
Program Amount
Part B, Formula Grants............................... $100,000,000
Part C, Discretionary Grants......................... $39,330,000
Part D, Juvenile Gangs............................... $7,000,000
Part E, Discretionary Grants......................... $5,000,000
Part G, Juvenile Mentoring........................... $16,000,000
Title V, At Risk Children Programs................... $25,000,000
Title V, Prevention of Underage Drinking............. $25,000,000
Victims of Child Abuse Act........................... $15,000,000.
public safety officers benefits
To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340); and
$7,500,000, 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 $5,500 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses in accordance with
distributions, procedures, and regulations established by the Attorney
General.
Sec. 102. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 103. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 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. (a) Hereafter, the Attorney General is authorized to
transfer, under such terms and conditions as the Attorney General shall
specify, forfeited real or personal property of limited or marginal
value, as such value is determined by guidelines established by the
Attorney General, to a State or local government agency, or its
designated contractor or transferee, for use to support drug abuse
treatment, drug and crime prevention and education, housing, job
skills, and other community-based public health and safety programs.
(b) Any transfer under the preceding proviso shall not create or
confer any private right of action in any person against the United
States, and shall be treated as a reprogramming under section 605 of
this Act.
Sec. 108. (a) Notwithstanding any other provision of law, for
fiscal years 2004 and 2005, the provisions of the Office of Management
and Budget Circular A-76 and any similar provisions in any other order
or directive shall not apply to any grants monitoring, program
monitoring or statistical activities conducted by the Office of Justice
Programs or any of its components unless such provisions are
specifically approved by an Act of Congress.
(b) For the fiscal years 2004 and 2005, no reduction in resources
for the Justice Department activities described in subsection (a) shall
be effected pursuant to the provisions of Management and Budget
Circular A-76 or any similar provision in any other order or directive
unless specifically provided therefore by an Act of Congress.
Sec. 109. None of the funds provided in this Act in fiscal year
2004 may be used for courts or police for individual tribes in Alaska
(except the Annette Island Indian Reserve) except that: (1) the amount
that was made available for such courts in Alaska in fiscal year 2003
shall annually be adjusted by the percentage increase in the consumer
price index and transferred as a direct lump sum payment to the State
of Alaska to fund magistrates in Alaska Native villages, and (2) the
amount that was made available for such police in Alaska in fiscal year
2003 shall annually be adjusted by the percentage increase in the
consumer price index and transferred as a direct lump sum payment to
the State of Alaska to fund the Village Public Safety Officer Program
in Alaska Native villages.
Sec. 110. Notwithstanding any other provision of law, the Attorney
General is hereby authorized to extend through September 30, 2004, the
Personnel Management Demonstration Project transferred to the Attorney
General in section 1115 of the Homeland Security Act of 2002, Public
Law 107-296.
Sec. 111. None of the funds appropriated or otherwise made
available by this Act or any other Act to the Department of Justice
shall be expended for the purpose of reimbursement or direct payments
for the legal fees of an individual employed as an attorney in the
Department of Justice for a matter in which the individual is the
subject of a disciplinary recommendation for ethical misconduct by the
Counsel for Professional Responsibility.
This title may be cited as the ``Department of Justice
Appropriations Act, 2004''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$36,994,000, of which $1,000,000 shall remain available until September
30, 2005: Provided, That not to exceed $144,000 shall be available for
official reception and representation expenses: Provided further, That
negotiations shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected from
antidumping and countervailing duties.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $58,295,000, of which $2,000,000 shall remain
available until September 30, 2005.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel
and transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to 49
U.S.C. 1517; 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, $372,053,000, to remain
available until September 30, 2005, of which $3,000,000 is to be
derived from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$69,000,000 shall be for Trade Development, $32,178,000 shall be for
Market Access and Compliance, $46,636,000 shall be for the Import
Administration, $202,040,000 shall be for the United States and Foreign
Commercial Service, and $25,200,000 shall be for Executive Direction
and Administration: Provided further, That negotiations shall be
conducted within the World Trade Organization to recognize the right of
members to distribute monies collected from antidumping and
countervailing duties: Provided further, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational and
Cultural Exchange Act shall include payment for assessments for
services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for services
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b);
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, $73,060,000, to remain available until September
30, 2005, of which $7,250,000 shall be for inspections and other
activities related to national security: Provided, That the provisions
of the first sentence of section 105(f) and all of section 108(c) of
the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these activities:
Provided further, That payments and contributions collected and
accepted for materials or services provided as part of such activities
may be retained for use in covering the cost of such activities, and
for providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, and for
trade adjustment assistance, $357,115,000, to remain available until
expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $30,565,000: Provided, That
these funds may be used to monitor projects approved pursuant to title
I of the Public Works Employment Act of 1976, as amended, title II of
the Trade Act of 1974, as amended, and the Community Emergency Drought
Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $28,718,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$84,756,000, to remain available until September 30, 2005.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$181,811,000.
periodic censuses and programs
For expenses related to planning, testing, and implementing the
2010 decennial census, $215,476,000.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $153,591,000,
to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (hereinafter ``the
Administration''), $15,042,000, 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 hereafter, notwithstanding any other provision
of law, the Administration shall not authorize spectrum use or provide
any spectrum functions pursuant to the National Telecommunications and
Information Administration Organization Act, 47 U.S.C. 902-903, to any
Federal entity without reimbursement as required by the Administration
for such spectrum management costs, and Federal entities withholding
payment of such cost shall not use spectrum: 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 the Administration, in furtherance of its
assigned functions under this paragraph, and such funds received from
other Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For grants authorized by section 392 of the Communications Act of
1934, as amended, $55,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $2,478,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That,
notwithstanding the provisions of section 391 of the Act, the prior
year unobligated balances may be made available for grants for projects
for which applications have been submitted and approved during any
fiscal year.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $15,500,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,100,000 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, cultural, health care,
public information, public safety, or other social services: Provided
further, That, notwithstanding any other provision of law, no entity
that receives telecommunications services at preferential rates under
section 254(h) of the Act (47 U.S.C. 254(h)) or receives assistance
under the regional information sharing systems grant program of the
Department of Justice under part M of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds
under a grant under this heading to cover any costs of the entity that
would otherwise be covered by such preferential rates or such
assistance, as the case may be.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and Trademark
Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office,
$1,217,460,000, 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
$1,217,460,000, 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.
SCIENCE AND TECHNOLOGY
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards
and Technology, $391,147,000, to remain available until September 30,
2005, of which not to exceed $7,772,000 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, $106,623,000, to
remain available until expended.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$259,600,000, to remain available until expended, of which $60,700,000
shall be expended for the award of new grants before September 30,
2004, and of which $50,000,000 shall be expended for the award of
competitive homeland security grants before September 30, 2004.
In addition, for necessary expenses of the Office of Technology
Competitiveness and the Office of Manufacturing Competitiveness,
$3,000,000, to remain available until expended.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $84,630,000, to remain available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft; grants, contracts, or other payments
to nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities as
authorized, $2,696,520,000, to remain available until September 30,
2005: 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, $52,000,000 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 $2,696,520,000 is appropriated from the General Fund
and $52,000,000 is provided by transfer), $508,619,000 shall be for the
National Ocean Service, $672,452,000 shall be for the National Marine
Fisheries Service, $394,470,000 shall be for Oceanic and Atmospheric
Research, $696,857,000 shall be for the National Weather Service,
$148,840,000 shall be for the National Environmental Satellite, Data,
and Information Service, and $327,282,000 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 the total administrative
expenses of the National Oceanic and Atmospheric Administration shall
not exceed $250,290,000: 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.
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.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $20,743,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324.
litigation and settlement fund
For necessary expenses, as determined by the Undersecretary of
Commerce for Oceans and Atmosphere, $5,000,000, to remain available
until expended, for: (1) litigation costs associated with unanticipated
complaints filed in court against or by the National Oceanic and
Atmospheric Administration or employees of the National Oceanic and
Atmospheric Administration related to their employment; or (2) expenses
related to the settlement of litigation described in paragraph (1), if
such expenses are not funded out of the Judgment Fund or similar funds:
Provided, That funds provided under this paragraph shall not be
available to overturn or undermine the Endangered Species Act or the
Marine Mammal Protection Act or regulations resulting from those Acts
except as authorized by Congress: Provided further, That funds provided
under this paragraph shall be available only after the Undersecretary
of Commerce for Oceans and Atmosphere notifies the Committees on
Appropriations of the House of Representatives and the Senate in
accordance with section 605 of this Act.
procurement, acquisition and construction
(including transfers of funds)
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, which shall remain
available until expended: Provided, That funds provided under this
heading for the National Polar-orbiting Operational Environmental
Satellite System shall only be made available on a dollar for dollar
matching basis with funds provided for the same purpose by the
Department of Defense.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations and the implementation of the 1999 Pacific Salmon
Treaty Agreement between the United States and Canada, $90,000,000.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $1,000, to be derived from receipts collected pursuant to
that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), the American Fisheries Promotion Act
(Public Law 96-561) and the International Dolphin Conservation Program
Act (Public Law 105-42), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to
exceed $1,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans as authorized by the Merchant Marine
Act of 1936, as amended: 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 $41,000,000 for traditional direct loans, of which $40,000,000
may be used for direct loans to the United States distant water tuna
fleet, of which $500,000 shall be for the cost of a reduction loan as
authorized under sections 1111 and 1112 of title XI of the Merchant
Marine Act, 1936 to carry out a New England lobster fishing capacity
reduction program under section 312(b) of the Magnuson-Stevens Fishery
Conservation and Management Act, and of which $500,000 shall be for the
cost of a reduction loan as authorized under sections 1111 and 1112 of
title XI of the Merchant Marine Act, 1936 to carry out a South Atlantic
and Gulf near shore shrimp fishing capacity reduction program under
section 312(b) of the Magnuson-Stevens Fishery Conservation and
Management: Provided further, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official entertainment, $44,662,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504),
$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. Hereafter, no funds may be made available to support
hurricane reconnaissance aircraft and activities that are under the
control of the United States Air Force or the United States Air Force
Reserve.
Sec. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary 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 Commerce,
Justice, State Appropriations Act.
Sec. 205. Hereafter, the Secretary of Commerce may use the Commerce
franchise fund for expenses and equipment necessary for the maintenance
and operation of such administrative services as the Secretary
determines may be performed more advantageously as central services,
pursuant to section 403 of Public Law 103-356: Provided, That any
inventories, equipment, and other assets pertaining to the services to
be provided by such fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations made for the
purpose of providing capital shall be used to capitalize such fund:
Provided further, That such fund shall be paid in advance from funds
available to the Department and other Federal agencies for which such
centralized services are performed, at rates which will return in full
all expenses of operation, including accrued leave, depreciation of
fund plant and equipment, amortization of automated data processing
software and systems (either acquired or donated), and an amount
necessary to maintain a reasonable operating reserve, as determined by
the Secretary: Provided further, That such fund shall provide services
on a competitive basis: Provided further, That an amount not to exceed
4 percent of the total annual income to such fund may be retained in
the fund for fiscal year 2004 and each fiscal year thereafter, to
remain available until expended, to be used for the acquisition of
capital equipment, and for the improvement and implementation of
department financial management, automated data processing, and other
support systems: Provided further, That such amounts retained in the
fund for fiscal year 2004 and each fiscal year thereafter shall be
available for obligation and expenditure only in accordance with
section 605 of this Act: Provided further, That no later than 30 days
after the end of each fiscal year, amounts in excess of this reserve
limitation shall be deposited as miscellaneous receipts in the
Treasury.
Sec. 206. 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, $3,000,000 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. 207. Of the amount available from the fund entitled ``Promote
and Develop Fishery Products and Research Pertaining to American
Fisheries'', $20,000,000 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.
Sec. 208. For fiscal year 2005, and each fiscal year thereafter,
the Secretary of Commerce shall not submit any request for funds for
the Department Management account that exceeds an amount equal to 103
percent of the amount appropriated for such purpose during the fiscal
year that precedes the fiscal year for which funds are requested.
Sec. 209. Hereafter, the Secretary of Commerce may enter into
agreements with one or more nonprofit organizations for the purpose of
carrying out collective research and development initiatives pertaining
to 15 U.S.C. 278k paragraph (a), and may seek and accept contributions
from public and private sources to support these efforts as necessary.
Sec. 210. 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.
Sec. 211. 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 04-49-04462 shall
remain available until expended.
Sec. 212. (a) The Secretary of Commerce is authorized to operate a
marine laboratory in South Carolina in accordance with a memorandum of
agreement, including any future amendments, among the National Oceanic
and Atmospheric Administration, the National Institute of Standards and
Technology, the State of South Carolina, the Medical University of
South Carolina, and the College of Charleston as a partnership for
collaborative, interdisciplinary marine scientific research.
(b) To carry out subsection (a), the agencies that are partners in
the Laboratory may accept, apply for, use, and spend Federal, State,
private and grant funds as necessary to further the mission of the
Laboratory without regard to the source or of the period of
availability of these funds and may apply for and hold patents, as well
as share personnel, facilities, and property. Any funds collected or
accepted by any partner may be used to offset all or portions of its
costs, including overhead, without regard to 31 U.S.C. section
143302(b); to reimburse other participating agencies for all or
portions of their costs; and to fund research and facilities expansion.
Funds for management and operation of the Laboratory may be used to
sustain basic laboratory operations for all participating entities. The
Secretary of Commerce is authorized to charge fees and enter into
contracts, grants, cooperative agreements and other arrangements with
Federal, State, private entities, and other entities, domestic and
foreign, to further the mission of the Laboratory. Any funds collected
from such fees or arrangements shall be used to support cooperative
research, basic operations, and facilities enhancement at the
Laboratory.
Sec. 213. 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. 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. 214. None of the funds made available under this Act may be
obligated or expended in connection with negotiating or entering into a
trade agreement with another country if that agreement contains
provisions relating to the entry of foreign nationals into the United
States or otherwise amends the immigration laws of the United States.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 2004''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $59,414,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect as
authorized by law, $4,658,000, which shall remain available until
September 30, 2006.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $20,662,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses
of the court, as authorized by law, $13,210,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate
judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $3,894,021,000 (including the purchase of
firearms and ammunition); of which not to exceed $29,277,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
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 $3,293,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended; 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, $595,006,000.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $53,181,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
For necessary expenses, not otherwise provided for, incident to
providing protective guard services for United States courthouses and
the procurement, installation, and maintenance of security equipment
for United States courthouses and other facilities housing Federal
court operations, including building ingress-egress control, inspection
of mail and packages, directed security patrols, and other similar
activities as authorized by section 1010 of the Judicial Improvement
and Access to Justice Act (Public Law 100-702), $266,058,000, of which
not to exceed $15,000,000 shall remain available until expended, to be
expended directly or transferred to the United States Marshals Service,
which shall be responsible for administering the Judicial Facility
Security Program consistent with standards or guidelines agreed to by
the Director of the Administrative Office of the United States Courts
and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $63,717,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $22,434,000; of which $1,800,000 shall
remain available through September 30, 2005, to provide education and
training to Federal court personnel; and of which not to exceed $1,000
is authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors'
Annuities Fund, as authorized by 28 U.S.C. 376(c), $700,000; and to the
United States Court of Federal Claims Judges' Retirement Fund, as
authorized by 28 U.S.C. 178(l), $2,600,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $12,011,000, 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.
Sec. 304. Pursuant to section 140 of Public Law 97-92, Justices and
judges of the United States are authorized during fiscal year 2004, to
receive a salary adjustment in accordance with 28 U.S.C. 461.
Sec. 305. (a) The annual salaries of the Chief Justice of the
United States, associate justices of the Supreme Court of the United
States, United States circuit judges, United States district judges,
judges of the United States Court of International Trade, and judges of
the United States Court of Federal Claims are increased in the amount
of 16.5 percent of their respective existing annual salary rates,
rounded to the nearest $100 (or, midway between multiples of $100, to
the next higher multiple of $100): Provided, That $36,000,000 is
appropriated for salary adjustments pursuant to this section and such
funds shall be transferred to and merged with appropriations in title
III of this Act.
(b) Section 140 of Public Law 97-92 (28 U.S.C. 461 note) is
repealed.
This title may be cited as the ``Judiciary Appropriations Act,
2004''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including employment, without
regard to civil service and classification laws, of persons on a
temporary basis (not to exceed $700,000 of this appropriation), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948, as amended; 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, $3,280,405,000: Provided, 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, $2,000,000 shall be available for a grant to the National
Center for Missing and Exploited Children to develop best practice
models to combat child pornography and to create an international
database to track victims of international child pornography: Provided
further, That no funds may be obligated or expended for processing
licenses for the export of satellites of United States origin
(including commercial satellites and satellite components) to the
People's Republic of China unless, at least 15 days in advance, the
Committees on Appropriations of the House of Representatives and the
Senate are notified of such proposed action.
In addition, not to exceed $1,343,000 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, as amended; in addition, as authorized by
section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out in that
section; in addition, as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed $6,000,000, to
remain available until expended, may be credited to this appropriation
from fees or other payments received from English teaching, library,
motion pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor programs; and,
in addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$594,373,000, to remain available until expended: Provided, That of the
amounts made available in this paragraph, $20,000,000 shall be
transferred to and merged with appropriations for the Office of
Inspector General for the purposes of conducting risk and threat
assessments at Department of State facilities domestically and
overseas: Provided further, That, of the amounts made available under
this paragraph, $52,000,000 is for the State Department to establish
the Center for Antiterrorism and Security Training.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$207,000,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not apply to
funds available under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$31,703,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980, as amended (Public Law 96-465), as it relates to post
inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $255,292,000, to remain available until expended: Provided,
That not to exceed $2,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized.
representation allowances
For representation allowances as authorized, $6,643,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$10,000,000, to remain available until September 30, 2005.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), 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,
$483,470,000, to remain available until expended as authorized, of
which not to exceed $25,000 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, $933,122,000, to remain
available until expended.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$1,000, to remain available until expended as authorized, of which not
to exceed $1,000,000 in unobligated balances may be transferred to and
merged with the Repatriation Loans Program Account, subject to the same
terms and conditions.
repatriation loans program account
For the cost of direct loans, $612,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974. In
addition, for administrative expenses necessary to carry out the direct
loan program, $607,000, which may be transferred to and merged with the
Diplomatic and Consular Programs account under Administration of
Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act,
Public Law 96-8, $19,893,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $134,979,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $921,888,000:
Provided, That any payment of arrearages under this title shall be
directed toward special activities that are mutually agreed upon by the
United States and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known
to the United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings: Provided
further, That funds appropriated under this paragraph may be obligated
and expended to pay the full United States assessment to the civil
budget of the North Atlantic Treaty Organization.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $482,649,000, of which
15 percent shall remain available until September 30, 2005: Provided,
That none of the funds made available under this Act shall be obligated
or expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an emergency as
far in advance as is practicable): (1) the Committees on Appropriations
of the House of Representatives and the Senate and other appropriate
committees of the Congress are notified of the estimated cost and
length of the mission, the vital national interest that will be served,
and the planned exit strategy; and (2) a reprogramming of funds
pursuant to section 605 of this Act is submitted, and the procedures
therein followed, setting forth the source of funds that will be used
to pay for the cost of the new or expanded mission: Provided further,
That funds shall be available for peacekeeping expenses only upon a
certification by the Secretary of State to the appropriate committees
of the Congress that American manufacturers and suppliers are being
given opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That none of the
funds made available under this heading are available to pay the United
States share of the cost of court monitoring that is part of any United
Nations peacekeeping mission.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $28,312,000.
construction
For detailed plan preparation and construction of authorized
projects, $8,201,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$10,942,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint Commission.
Other
international center for middle eastern-western dialogue
For a grant to the International Center for Middle Eastern-Western
Dialogue, $7,000,000, to remain available until September 30, 2005.
eisenhower exchange fellowship program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2004, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2004, to remain available until expended.
east-west center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$19,000,000: 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, no
limitations shall apply to funds appropriated under this heading in
fiscal years 2003 and 2004.
national endowment for democracy
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment for
Democracy Act, $36,000,000, to remain available until September 30,
2005.
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, $518,149,000, 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.
broadcasting to cuba
For necessary expenses to enable the Broadcasting Board of
Governors to carry out broadcasting to Cuba, including the purchase,
rent, construction, and improvement of facilities for radio and
television transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and
reception, $28,101,000, to remain available until September 30, 2005.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and reception
as authorized, $11,395,000, to remain available until September 30,
2005.
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. Hereafter, the Secretary of State shall not submit a
request for reprogramming of funds to the Committee on Appropriations
of the Senate and the Committee on Appropriations of the House of
Representatives if a request for reprogramming of such funds was
previously denied by such Committees.
Sec. 404. 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. 405. Hereafter, 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. 406. (a) Notwithstanding any other provision of law, occupancy
of all facilities leased, acquired, or owned by the Department of State
in Paris, France shall be limited to not more than 231 individuals.
(b) Any increase in the number of individuals occupying Department
of State facilities in Bordeaux, Lille, Lyon, Rennes, Toulouse,
Marseille, or Strasbourg, France must be approved in advance by the
Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives in accordance with
section 605 of this Act.
(c) Notwithstanding any other provision of law, occupancy of all
facilities leased, acquired, or owned by the Department of State in
Berlin, Germany shall be limited to not more than 179 individuals.
(d) Any increase in the number of individuals occupying Department
of State facilities in Dusseldorf, Frankfurt, Hamburg, Leipzig, or
Munich, Germany must be approved in advance by the Committee on
Appropriations of the Senate and the Committee on Appropriations of the
House of Representatives in accordance with section 605 of this Act.
Sec. 407. For fiscal year 2005, and each fiscal year thereafter,
the Secretary of State shall not submit any request for funds for the
construction, lease, or refurbishment of a building to be used by the
United States Agency for International Development under the accounts
and activities provided for under this or future Department of State
and Related Agency Appropriations Acts.
Sec. 408. (a) Hereafter, the Secretary of State shall transmit to
the Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives the most recent biennial
budget prepared by the United Nations for the operations of the United
Nations.
(b) The Secretary shall include that budget in the budget
justification materials that the Secretary submits to Congress in
support of the Department of State budget for a fiscal year (as
submitted with the budget of the President under section 1105(a) of
title 31, 10 United States Code).
Sec. 409. Section 2502 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11) is repealed.
Sec. 410. Notwithstanding any other provision of law, any shortfall
in fee revenue resulting from a decrease in the number of visa
applications to the United States shall be offset by a direct transfer
of funds equal to the amount of the shortfall from the Diplomatic and
Consular Programs account to an account which shall be used exclusively
to fund the consular activities of the Department of State.
Sec. 411. An application for a visa shall be denied under section
221(g) of the Immigration and Nationality Act (8 U.S.C. 4 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. 412. (a) None of the funds appropriated by this Act may be
used to carry out the directive set forth in the memorandum of the
President for the Secretary of State dated August 29, 2003 (68 Fed.
Reg. 52323), relating to conditions on assistance for voluntary
population planning furnished to foreign nongovernmental organizations.
(b) The prohibition in subsection (a) shall not be construed to
prohibit the Secretary of State from furnishing assistance for
voluntary population planning to foreign nongovernmental organizations.
This title may be cited as the ``Department of State and Related
Agency Appropriations Act, 2004''.
TITLE V--RELATED AGENCIES
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $659,000.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,096,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further,
That none of the funds appropriated in this paragraph shall be used to
employ in excess of four full-time individuals under Schedule C of the
Excepted Service exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days.
Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, $2,000,000.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, $1,615,000.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, $1,400,000, including not more than
$3,000 for the purpose of official representation.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (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, as amended, 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,
$334,754,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception
and representation expenses; purchase and hire of motor vehicles;
special counsel fees; and services as authorized by 5 U.S.C. 3109,
$277,798,000, of which not to exceed $300,000 shall remain available
until September 30, 2005, for research and policy studies: Provided,
That $251,984,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the Communications Act of
1934, as amended, and 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
$25,814,000: Provided further, That any offsetting collections received
in excess of $251,984,000 in fiscal year 2004 shall remain available
until expended, but shall not be available for obligation until October
1, 2004: Provided further, That the obligations and expenditures of the
Federal Communications Commission shall be limited to appropriations
made available under this heading, notwithstanding 47 U.S.C.
309(j)(8)(B).
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; not to exceed $2,000 for official reception and
representation expenses, $189,032,000, 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, as amended: 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, and offsetting collections derived from fees
sufficient to implement and enforce the do-not-call provisions of the
Telemarketing Sales Rule, 16 C.F.R. Part 310, promulgated under the
Telephone Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et
seq.), estimated at $18,000,000, shall be collected pursuant to this
authority: Provided further, That all offsetting collections shall be
credited to this appropriation, used for necessary expenses, and 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 $59,032,000: Provided further, That none of the funds
made available to the Federal Trade Commission shall be available for
obligation for expenses authorized by section 151 of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102-
242; 105 Stat. 2282-2285).
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$338,848,000, of which $312,251,000 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; $13,900,000 is for management
and administration; $3,400,000 is for client self-help and information
technology; and $6,697,000 is for grants to offset losses due to census
adjustments.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2002 and 2003, 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 $6,698,000 to address loss of funding due to
Census-based reallocations.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission, $3,063,000,
of which $500,000 shall remain available until September 30, 2005.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business
Development Corporation, $2,000,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $841,500,000; of which not to exceed $10,000
may be used toward funding a permanent secretariat for the
International Organization of Securities Commissions; and of which not
to exceed $100,000 shall be available for expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, members of their delegations, appropriate
representatives and staff to exchange views concerning developments
relating to securities matters, development and implementation of
cooperation agreements concerning securities matters and provision of
technical assistance for the development of foreign securities markets,
such expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including: (1) such incidental
expenses as meals taken in the course of such attendance; (2) any
travel and transportation to or from such meetings; and (3) any other
related lodging or subsistence: Provided, That fees and charges
authorized by sections 6(b) of the Securities Exchange Act of 1933 (15
U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee) shall be credited to this
account as offsetting collections: Provided further, That not to exceed
$841,500,000 of such offsetting collections shall be available until
expended for necessary expenses of this account: 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 2004 appropriation
from the general fund estimated at not more than $0.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 105-135, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and
representation expenses, $332,413,000: 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 $88,000,000 shall be
available to fund grants for performance in fiscal year 2004 or fiscal
year 2005 as authorized.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $12,341,000.
business loans program account
For the cost of direct loans, $1,910,000, to be available until
expended; and for the cost of guaranteed loans, $85,758,000, 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, as amended:
Provided further, That during fiscal year 2004 commitments to guarantee
loans under section 503 of the Small Business Investment Act of 1958,
as amended, shall not exceed $4,500,000,000, as provided under section
20(h)(1)(B)(ii) of the Small Business Act: Provided further, That
during fiscal year 2004 commitments for general business loans
authorized under section 7(a) of the Small Business Act, as amended,
shall not exceed $10,000,000,000 without prior notification of the
Committees on Appropriations of the House of Representatives and Senate
in accordance with section 605 of this Act: Provided further, That
during fiscal year 2004 commitments to guarantee loans for debentures
and participating securities under section 303(b) of the Small Business
Investment Act of 1958, as amended, 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, $129,000,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the
Small Business Act, as amended, $79,109,000, 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, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $111,141,000, 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 $102,641,000 is for direct
administrative expenses of loan making and servicing to carry out the
direct loan program; and of which $8,000,000 is for indirect
administrative expenses: Provided, That any amount in excess of
$8,000,000 to be transferred to and merged with appropriations for
Salaries and Expenses for indirect administrative expenses shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
administrative provision--small business administration
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act
may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, $5,000,000:
Provided, That not to exceed $2,500 shall be available for official
reception and representation expenses.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, $2,000,000.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2004, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds 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 Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such reprogramming of
funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2004, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects (including construction projects), or activities;
(2) reduces by 10 percent funding for any existing program, project, or
activity, or numbers of personnel by 10 percent as approved by
Congress; or (3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Appropriations Committees of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
Sec. 607. 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: (1) that
the United Nations undertaking is a peacekeeping mission; (2) that such
undertaking will involve United States Armed Forces under the command
or operational control of a foreign national; and (3) that 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. 608. 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. 609. Any agency that receives funds appropriated under this
Act shall provide to the Committee on Appropriations of the Senate and
the Committee on Appropriations of the House of Representatives a
bimonthly accounting of the cumulative balances of any unobligated
funds that were received by such agency during any previous fiscal
year.
Sec. 610. 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. 611. Hereafter, no funds in this Act or any other 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. 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 616 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999, as amended.
(b) The requirements in subsections (b) and (c) of section 616 of
that Act shall continue to apply during fiscal year 2004.
Sec. 613. 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 18 U.S.C.
922(t); and (2) any system to implement 18 U.S.C. 922(t) 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 owning a firearm.
Sec. 614. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C. 10601 in
any fiscal year in excess of $675,000,000 shall not be available for
obligation until the following fiscal year.
Sec. 615. 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. 616. (a) Hereafter, no funds in this Act or any other 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. 617. 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. 618. Of the amounts made available under the heading ``Small
Business Administration, Salaries and Expenses'', $2,000,000 shall be
available for the Advanced and Applied Polymer Processing Institute;
$1,000,000 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; $750,000
shall be available for a Biologics facility; $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; $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; $2,000,000 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 for the Freewoods Farm Living Farm
Museum in Horry County, SC; $2,000,000 shall be available for the
Alaska InvestNet/Technology Venture Center and Tech Ranch in Montana;
$1,000,000 shall be available for the National Database of Minority
Businesses; $1,000,000 shall be available for the Mississippi
Innovational and Commercialization Center; $425,000 shall be available
for Youth and Family with Promises; $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; $500,000 for the New School University/
Institute for Legislative Drafting; $1,500,000 shall be available for
the Adelante Development Center, Inc., in Albuquerque, New Mexico; and
$250,000 shall be available for the Mississippi Delta Technology
Council.
Sec. 619. Notwithstanding any other provision of law, not more than
20 percent of the amount allocated to any account or subaccount from an
appropriation made by this Act that is available for obligation only in
the current fiscal year may be obligated during the last two months of
the fiscal year.
Sec. 620. A Deputy Assistant Administrator for non-contiguous
states and territories shall be established through the Senior
Executive Service to 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.
Sec. 621. There are transferred to the International Fisheries
Division of the National Marine Fisheries Service of the Department of
Commerce the functions performed by the offices of the Bureau of Oceans
and International Environmental and Scientific Affairs of the
Department of State as follows: the Office of Oceans Affairs, the
Office of Marine Conservation, and the Office of Oceans and Fisheries:
Provided, That the Secretary of Commerce shall administer the functions
transferred by this section: Provided further, That the Bureau of
Oceans and International Environmental and Scientific Affairs is
abolished and all functions (other than the functions transferred by
this section) carried out by the Bureau of Oceans and International
Environmental and Scientific Affairs on the day before the date of
enactment of this Act, shall be transferred to other bureaus within the
Department of State: Provided further, That the Secretary of Commerce
may negotiate or reevaluate, with the consent of the President,
international agreements affecting international ocean and
environmental policy that are related to the functions transferred in
this Act.
Sec. 622. Notwithstanding Section 202(a) of Title 18, members of
the National Commission on Terrorist Attacks Upon the United States
(established by Title VI of Public Law 107-306) shall be deemed to be
special government employees without regard to the number of days (or
parts of days) in which they perform their duties as members of the
Commission, so long as they receive per diem compensation under Section
608(a) of Public Law 107-306 for no more than 130 days during any
period of 365 consecutive days.
Sec. 623. Extension. 16 U.S.C. 1464 is amended by striking
paragraphs (1) and (2) of subsection (a) and inserting the following:
``(1) for grants under sections 306, 306A, and 309--
``(A) $83,500,000 for fiscal year 2004;
``(B) $87,000,000 for fiscal year 2005;
``(C) $90,500,000 for fiscal year 2006;
``(D) $94,000,000 for fiscal year 2007; and
``(E) $97,500,000 for fiscal year 2008;
``(2) for grants under section 315--
``(A) $13,000,000 for fiscal year 2004;
``(B) $14,000,000 for fiscal year 2005;
``(C) $15,000,000 for fiscal year 2006;
``(D) $16,000,000 for fiscal year 2007; and
``(E) $17,000,000 for fiscal year 2008;
``(3) for grants to fund construction projects at estuarine
reserves designated under section 315, $12,000,000 for each of
fiscal years 2004, 2005, 2006, 2007, and 2008; and
``(4) for costs associated with administering this title,
$6,500,000 for fiscal year 2004 and such sums as are necessary
for fiscal years 2005-2008.''.
Sec. 624. None of the funds in this Act may be used to grant,
transfer or assign a license for a commercial TV broadcast station to
any party (including all parties under common control) if the grant,
transfer or assignment of such license would result in such party or
any of its stockholders, partners, members, officers, or directors,
directly or indirectly, owning, operating or controlling, or having a
cognizable interest in TV stations which have an aggregate national
audience reach, as defined in 47 CFR 73.3555, exceeding 35 percent.
Sec. 625. Notwithstanding any other provision of law, immediately
upon completion of a contact lens fitting, the patient shall be
provided with a copy of the contact lens prescription; provided that,
for the purposes of this section, the right to receive a copy of a
prescription for contact lenses shall also include the rights to
receive, upon the request of the patient of any person designated to
act on behalf of the patient, a copy of the prescription; to have the
prescription verified, including by electronic means, to any person
designated to act on behalf of the patient; and to receive the contact
lenses once the seller notifies the prescriber and gives the prescriber
the opportunity to promptly correct any errors in the prescription. Any
violation of this section shall be treated as an unfair and deceptive
act or practice in violation of Section 5 of the Federal Trade
Commission Act (15 U.S.C. 45). The Federal Trade Commission shall issue
regulations establishing procedures necessary to carry out the
requirements of this section.
Sec. 626. Section 647 of the Communications Satellite Act of 1962
(47 U.S.C. 765f) is amended (1) by striking ``global satellite
communications services.'' and inserting ``global satellite
communications services or for the provision of fixed terrestrial
services in the 12.2-12.7 GHz band.''; and (2) by adding at the end the
following: ``No license for fixed terrestrial services in the 12.2-12.7
GHz band may be used for the provision of mobile terrestrial telephony
services.''.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading, $499,000
are rescinded.
counterterrorism fund
(rescission)
Of the unobligated balances available under this heading,
$50,000,000 are rescinded.
Legal Activities
asset forfeiture fund
(rescission)
Of the unobligated balances available under this heading, $499,000
are rescinded.
Office of Justice Programs
(rescission)
Of the amounts made available in the various accounts under this
heading, $9,500,000 in prior year unobligated funds, excluding funds
made available in fiscal year 2003, are rescinded.
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
construction of research facilities
(rescission)
Of the unobligated balances available under this heading,
$3,000,000 are rescinded.
TITLE VIII--OTHER MATTERS
Sec. 801. (a) This title may be cited as the ``Coastal and
Estuarine Land Protection Act''.
(b) The Congress finds the following:
(1) Coastal and estuarine areas provide important nursery
habitat for two-thirds of the nation's commercial fish and
shellfish, provide nesting and foraging habitat for coastal
birds, harbor significant natural plant communities, and serve
to facilitate coastal flood control and pollutant filtration.
(2) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.) recognizes the national importance of these areas and
their ecological vulnerability to anthropogenic activities by
establishing a comprehensive Federal-State partnership for
protecting natural reserves and managing growth in these areas.
(3) The National Estuarine Research Reserve system
established under that Act relies on the protection of pristine
designated areas for long-term protection and for the conduct
of education and research critical to the protection and
conservation of coastal and estuarine resources.
(4) Intense development pressures within the coastal zone
are driving the need to provide coastal managers with a wider
range of tools to protect and conserve important coastal and
estuarine areas.
(5) Protection of undeveloped coastal lands through the
acquisition of interests in property from a willing seller are
a cost-effective means of providing these areas with permanent
protection from development.
(6) Permanent protection of lands in the coastal zone is a
necessary component of any program to maintain and enhance
coastal and estuarine areas for the benefit of the Nation,
including protection of water quality, access to public
beachfront, conserving wildlife habitat, and sustaining sport
and commercial fisheries.
(7) Federal-State-nongovernmental organization pilot land
acquisition projects have already substantially contributed to
the long-term health and viability of coastal and estuarine
systems.
(8) Enhanced protection of estuarine and coastal areas can
be attained through watershed-based acquisition strategies
coordinated through Federal, State, regional, and local
efforts.
(c)(1) The Secretary of Commerce shall establish a Coastal and
Estuarine Land Protection Program, in cooperation with appropriate
State, regional, and other units of government for the purposes of
protecting the environmental integrity of important coastal and
estuarine areas, including wetlands and forests, that have significant
conservation, recreation, ecological, historical, or aesthetic values,
and that are threatened by conversion from their natural, undeveloped,
or recreational state to other uses. The program shall be administered
by the National Ocean Service of the National Oceanic and Atmospheric
Administration through the Office of Ocean and Coastal Resource
Management.
(2) The Secretary shall make grants under the program to coastal
States, except coastal States that have lost less than 1 percent of
their wetlands to development or conversion to other land uses by the
date of enactment of this title, with approved coastal zone management
plans or National Estuarine Research Reserve units for the purpose of
acquiring property or interests in property described in subsection (1)
that will further the goals of--
(A) a Coastal Zone Management Plan or Program approved
under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.); or
(B) a National Estuarine Research Reserve management plan;
or
(C) a regional or State watershed protection plan involving
coastal States with approved coastal zone management plans.
(3) The Secretary shall allocate funds to coastal States or
National Estuarine Research Reserves under this section through a
competitive grant process in accordance with guidelines that meet the
following requirements:
(A) The Secretary shall consult with the State's coastal
zone management program, any National Estuarine Research
Reserve in that State, and the lead agency designated by the
Governor for coordinating the establishment and implementation
of this title (if different from the coastal zone management
program).
(B) Each participating State shall identify priority
conservation needs within the State, the values to be protected
by inclusion of lands of the program, and the threats to those
values that should be avoided.
(C) Each participating State shall evaluate how the
acquisition of property or easements might impact working
waterfront needs.
(D) The applicant shall identify the values to be protected
by inclusion of the lands in the program, management activities
that are planned and the manner in which they may affect the
values identified, and any other information from the landowner
relevant to administration and management of the land.
(E) Awards shall be based on demonstrated need for
protection and ability to successfully leverage funds among
participating entities, including Federal programs, regional
organizations, State and other governmental units, landowners,
corporations, or private organizations.
(F) Applications must be determined to be consistent with
the State's or territory's approved coastal zone plan, program
and policies prior to submittal to the Secretary.
(G) Priority shall be given to lands described in
subsection (1) that can be effectively managed and protected
and that have significant ecological or watershed protection
value.
(H) In developing guidelines under this section, the
Secretary shall consult with other Federal agencies and non-
governmental entities expert in land acquisition and
conservation procedures.
(I) Eligible States or National Estuarine Research Reserves
may allocate grants to local governments or agencies eligible
for assistance under section 306A(e) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455a) and may acquire lands
in cooperation with nongovernmental entities and Federal
agencies.
(J) The Secretary shall develop performance measures that
will allow periodic evaluation of the program's effectiveness
in meeting the purposes of this section and such evaluation
shall be reported to Congress.
(4)(A) The Secretary may not make a grant under the program unless
the Federal funds are matched by non-Federal funds in accordance with
this subsection.
(B)(i) No more than 75 percent of the funding for any grant under
this section shall be derived from Federal sources, unless such
requirement is specifically waived by the Secretary.
(ii) The Secretary may grant a waiver of the limitation in
subparagraph (i) for underserved communities, communities that have an
inability to draw on other sources of funding because of the small
population or low income of the community, or for other reasons the
Secretary deems appropriate.
(C) Where financial assistance awarded under this section
represents only a portion of the total cost of a project, funding from
other Federal sources may be applied to the cost of the project. Each
portion shall be subject to match requirements under the applicable
provision of law.
(D) For purposes of paragraph (B)(i), the non-Federal cost share
for a project may be determined by taking into account the following:
(i) Land value may be used as non-Federal match if the
lands are identified in project plans and acquired within three
years prior to the submission of the project application or
after the submission of a project application until the project
grant is closed (not to exceed 3 years). The appraised value of
the land at the time of project closing will be considered the
non-Federal cost share.
(ii) Costs associated with land acquisition, land
management planning, remediation, restoration, and enhancement
may be used as non-Federal match if the activities are
identified in the plan and expenses are incurred within the
period of the grant award. These costs may include either case
or in-kind contributions.
(5) The Secretary may provide up to $5,000,000 for a regional
watershed protection demonstration project that will meet the
requirements of this section, and--
(A) leverages land acquisition funding from other Federal
land conservation or acquisition programs such that other
Federal contributions, at a minimum, equal the amounts provided
by the Secretary;
(B) involves partnerships from a broad spectrum of Federal,
State, and non-governmental entities;
(C) provides for the creation of conservation corridors and
preservation of unique coastal habitat;
(D) protects largely unfragmented habitat under imminent
threat of development or conversion;
(E) provides water quality protection for areas set aside
for research under the National Estuarine Research Reserve
program; and
(F) provides a model for future regional watershed
protection projects.
(6) No less than 15 percent of funds made available under this
section shall be available for acquisitions benefiting National
Estuarine Research Reserve acquisitions.
(7) No more than 5 percent of the funds made available to the
Secretary under this section shall be used by the Secretary for
planning or administration of the program. The Secretary shall provide
a report to Congress with an account of all expenditures under this
section for fiscal year 2004, fiscal year 2005, and triennially
thereafter.
(8)(A) If any property is acquired in whole or in part with funds
made available through a grant under this section, the grant recipient
shall provide such assurances as the Secretary may require that--
(i) the title to the property will be held by the grant
recipient or other appropriate public agency designated by the
recipient in perpetuity;
(ii) the property will be managed in a manner that is
consistent with the purposes for which the land entered into
the program and shall not convert such property to other uses;
and
(iii) if the property or interest in land is sold,
exchanged, or divested, funds equal to the correct value will
be returned to the Secretary, for re-distribution in the grant
process.
(B) In this subsection, the term ``conservation easement'' includes
an easement, recorded deed, or interest deed where the grantee acquires
all rights, title, and interest in a property, that do not conflict
with the goals of this title except those rights, title, and interests
that may run with the land that are expressly reserved by a grantor and
are agreed to at the time of purchase.
(9) In this section, the term ``coastal State'' has the meaning
given that term by section 304(4) of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453(4)), and any other term used in this section that
is defined in section 304 of that Act has the meaning given that term
in that section.
(10) There are authorized to be appropriated to the Secretary--
(A) $60,000,000 for each of fiscal years 2004 through 2007
to carry out this section (other than subsection (e)); and
(B) $5,000,000 for fiscal year 2004 to carry out subsection
(5), such sum to remain available without fiscal year
limitation.
(d) Section 310(a) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1456c(a)) is amended by striking ``any qualified person for the
purposes of carrying out this subsection.'' and inserting ``any other
Federal agencies (including interagency financing of Coastal America
activities) and any other qualified person for the purposes of carrying
out this section.''.
TITLE IX--ALASKAN FISHERIES
Sec. 901. Bering Sea and Aleutian Islands Crab Rationalization.
Section 313 of Public Law 94-265 (16 U.S.C. 1862) is amended by adding
at the end thereof the following:
``(j) Bering Sea and Aleutian Islands Crab Rationalization.--
``(1) By not later than January 1, 2005, the Secretary
shall approve and hereafter implement by regulation the
Voluntary Three-Pie Cooperative Program for crab fisheries of
the Bering Sea and Aleutian Islands approved by the North
Pacific Fishery Management Council between June 2002 and April
2003, and all trailing amendments including those reported to
Congress on May 6, 2003.
``(2) Notwithstanding any other provision of this Act, in
carrying out paragraph (1) the Secretary shall approve all
parts of the Program referred to in such paragraph. Further, no
part of such Program may be implemented if, as approved by the
North Pacific Fishery Management Council, individual fishing
quotas, processing quotas, community development quota
allocation, voluntary cooperatives, binding arbitration,
regional landing and processing requirements, community
protections, economic data collection, or the loan program for
crab fishing vessel captains and crew members, is invalidated
subject to a judicial determination not subject to judicial
appeal. In implementing the Program, the Secretary shall
clarify that any attempt by a processor to improperly leverage
its Individual Processor Quota shares to acquire a harvesters
open-access ``B shares'' at a substantially reduced price shall
result in forfeiture of such processor's Individual Processor
Quota shares.
``(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 for the Voluntary Three-Pie
Cooperative Program referred to in such paragraph.
``(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,
shall develop and implement a mandatory information collection
and review process to provide any and all information necessary
for the Department of Justice 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.''.
Sec. 902. Marine Designation Clarification. None of the funds
appropriated under this Act or any other Act hereafter enacted may be
used to implement 16 U.S.C. Sections 1853(a)(7) and 1855(b) and
Executive Order 13158 with respect to any fisheries under the
jurisdiction of the North Pacific Council, until the Magnuson-Stevens
Fishery Conservation and Management Act is reauthorized.
Sec. 903. Gulf of Alaska Rockfish Demonstration Program. The
Secretary of Commerce, in consultation with the North Pacific Fisheries
Management Council, shall establish a pilot program that recognizes
individual fishing histories for fishing vessels (1996 to 2002, best 5
of 7 years) and individual processing histories for 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; (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. 904. Aleutian Islands Fisheries Development. (a) Aleutian
Islands Pollock Allocation.--Effective January 1, 2004 and thereafter,
notwithstanding any other provision of law, the directed pollock
fishery in the Aleutian Islands Subarea [AI] of the BSAI (as defined in
50 CFR 679.2 Regulations on September 1, 2002) 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.--The Aleut Corporation (or its authorized
agents) shall provide for the harvesting and processing of the
allocation under subsection (a) under such terms and conditions as the
Aleut Corporation deems appropriate for economic development in Adak,
Alaska. Notwithstanding any other provision of law, only vessels that
are 60 feet or less in length overall, have a valid fishery
endorsement, and 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.--Notwithstanding any other
provision of law, the optimum yield for groundfish in the Bering Sea
and Aleutian Islands Management Area shall not exceed 2 million metric
tons. For the purposes of implementing subsections (a) and (b) without
adversely affecting current fishery participants, the allocation under
subsection (a) may be in addition to such optimum yield during the
years 2004 through 2008 upon recommendation by the North Pacific
Council and approval by the Secretary of Commerce (if consistent with
the requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.)).
Sec. 905. Nothing in this Act shall constitute an approval or
authorization by Congress of the consideration or issuance of
individual processing quotas or processor shares in any fishery of the
United States other than the Bering Sea and Aleutian Islands crab
fishery.
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
2004''.
Calendar No. 274
108th CONGRESS
1st Session
S. 1585
[Report No. 108-144]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 5, 2003
Read twice and placed on the calendar