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108th Congress 
 1st Session            HOUSE OF REPRESENTATIVES                 Report
                                                                108-401
_______________________________________________________________________
 
MAKING APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
    ADMINISTRATION, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING 
               SEPTEMBER 30, 2004, AND FOR OTHER PURPOSES

                               __________

                           CONFERENCE REPORT

                              to accompany

                               H.R. 2673


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



               November 25, 2003.--Ordered to be printed


   108th Congress 1st 
         Session        HOUSE OF REPRESENTATIVES        Report
                                                       108-401
_______________________________________________________________________

                                     


MAKING APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
    ADMINISTRATION, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING 
               SEPTEMBER 30, 2004, AND FOR OTHER PURPOSES

                               ----------                              

                           CONFERENCE REPORT

                              to accompany

                               H.R. 2673


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]



               November 25, 2003.--Ordered to be printed
  MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR ENDING 
                      2004, AND FOR OTHER PURPOSES
108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-401

======================================================================


MAKING APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
    ADMINISTRATION, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING 
               SEPTEMBER 30, 2004, AND FOR OTHER PURPOSES

                                _______
                                

               November 25, 2003.--Ordered to be printed

                                _______
                                

 Mr. Young of Florida, from the Committee on conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 2673]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
2673) ``making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
for the fiscal year ending September 30, 2004, and for other 
purposes'', having met, after full and free conference, have 
agreed to recommend and do recommend to their respective Houses 
as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

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

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

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

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

          DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2004

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

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

Title I--Export and Investment Assistance
Title II--Bilateral Economic Assistance
Title III--Military Assistance
Title IV--Multilateral Economic Assistance
Title V--General Provisions
Title VI--Millennium Challenge

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

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

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

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

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

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

          DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS

SEC. 3. REFERENCES.

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

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

                                 AN ACT

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

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

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

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

                          Executive Operations

                            CHIEF ECONOMIST

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

                       NATIONAL APPEALS DIVISION

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

                 OFFICE OF BUDGET AND PROGRAM ANALYSIS

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

                        HOMELAND SECURITY STAFF

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

                Office of the Chief Information Officer

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

                      COMMON COMPUTING ENVIRONMENT

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

                 Office of the Chief Financial Officer

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

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments

                     (INCLUDING TRANSFERS OF FUNDS)

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

                     Hazardous Materials Management

                     (INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses of the Department of Agriculture, to 
comply with the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and 
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et 
seq.), $15,611,000, to remain available until expended: 
Provided, That appropriations and funds available herein to the 
Department for Hazardous Materials Management may be 
transferred to any agency of the Department for its use in 
meeting all requirements pursuant to the above Acts on Federal 
and non-Federal lands.

                      Departmental Administration

                     (INCLUDING TRANSFERS OF FUNDS)

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

     Office of the Assistant Secretary for Congressional Relations

                     (INCLUDING TRANSFERS OF FUNDS)

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

                        Office of Communications

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

                    Office of the Inspector General

    For necessary expenses of the Office of the Inspector 
General, including employment pursuant to the Inspector General 
Act of 1978, $77,281,000, including such sums as may be 
necessary for contracting and other arrangements with public 
agencies and private persons pursuant to section 6(a)(9) of the 
Inspector General Act of 1978, and including not to exceed 
$125,000 for certain confidential operational expenses, 
including the payment of informants, to be expended under the 
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.

                     Office of the General Counsel

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

  Office of the Under Secretary for Research, Education and Economics

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

                       Economic Research Service

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

                National Agricultural Statistics Service

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

                     Agricultural Research Service

                         SALARIES AND EXPENSES

    For necessary expenses to enable the Agricultural Research 
Service to perform agricultural research and demonstration 
relating to production, utilization, marketing, and 
distribution (not otherwise provided for); home economics or 
nutrition and consumer use including the acquisition, 
preservation, and dissemination of agricultural information; 
and for acquisition of lands by donation, exchange, or purchase 
at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be 
equalized by a payment of money to the grantor which shall not 
exceed 25 percent of the total value of the land or interests 
transferred out of Federal ownership, $1,088,892,000: Provided, 
That appropriations hereunder shall be available for the 
operation and maintenance of aircraft and the purchase of not 
to exceed one for replacement only: Provided further, That 
appropriations hereunder shall be available pursuant to 7 
U.S.C. 2250 for the construction, alteration, and repair of 
buildings and improvements, but unless otherwise provided, the 
cost of constructing any one building shall not exceed 
$375,000, except for headhouses or greenhouses which shall each 
be limited to $1,200,000, and except for 10 buildings to be 
constructed or improved at a cost not to exceed $750,000 each, 
and the cost of altering any one building during the fiscal 
year shall not exceed 10 percent of the current replacement 
value of the building or $375,000, whichever is greater: 
Provided further, That the limitations on alterations contained 
in this Act shall not apply to modernization or replacement of 
existing facilities at Beltsville, Maryland: Provided further, 
That appropriations hereunder shall be available for granting 
easements at the Beltsville Agricultural Research Center: 
Provided further, That the foregoing limitations shall not 
apply to replacement of buildings needed to carry out the Act 
of April 24, 1948 (21 U.S.C. 113a): Provided further, That 
funds may be received from any State, other political 
subdivision, organization, or individual for the purpose of 
establishing or operating any research facility or research 
project of the Agricultural Research Service, as authorized by 
law: Provided further, That all rights and title of the United 
States in the 1.0664-acre parcel of land including 
improvements, as recorded at Book 1320, Page 253, records of 
Larimer County, State of Colorado, shall be conveyed to the 
Board of Governors of the Colorado State University for the 
benefit of Colorado State University.
    None of the funds appropriated under this heading shall be 
available to carry out research related to the production, 
processing or marketing of tobacco or tobacco products.

                        BUILDINGS AND FACILITIES

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

      Cooperative State Research, Education, and Extension Service

                   RESEARCH AND EDUCATION ACTIVITIES

    For payments to agricultural experiment stations, for 
cooperative forestry and other research, for facilities, and 
for other expenses, $621,447,000, as follows: to carry out the 
provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i), 
$180,148,000; for grants for cooperative forestry research (16 
U.S.C. 582a through a-7), $21,884,000; for payments to the 1890 
land-grant colleges, including Tuskegee University and West 
Virginia State College (7 U.S.C. 3222), $36,000,000, of which 
$1,507,496 shall be made available only for the purpose of 
ensuring that each institution shall receive no less than 
$1,000,000; for special grants for agricultural research (7 
U.S.C. 450i(c)), $111,312,000; for special grants for 
agricultural research on improved pest control (7 U.S.C. 
450i(c)), $13,675,000; for competitive research grants (7 
U.S.C. 450i(b)), $165,000,000; for the support of animal health 
and disease programs (7 U.S.C. 3195), $4,559,000; for 
supplemental and alternative crops and products (7 U.S.C. 
3319d), $1,069,000; for grants for research pursuant to the 
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), 
$1,118,000, to remain available until expended; for the 1994 
research grants program for 1994 institutions pursuant to 
section 536 of Public Law 103-382 (7 U.S.C. 301 note), 
$1,093,000, to remain available until expended; for rangeland 
research grants (7 U.S.C. 3333), $900,000; for higher education 
graduate fellowship grants (7 U.S.C. 3152(b)(6)), $2,900,000, 
to remain available until expended (7 U.S.C. 2209b); for higher 
education challenge grants (7 U.S.C. 3152(b)(1)), $4,888,000; 
for a higher education multicultural scholars program (7 U.S.C. 
3152(b)(5)), $992,000, to remain available until expended (7 
U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $4,673,000; for 
noncompetitive grants for the purpose of carrying out all 
provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) 
to individual eligible institutions or consortia of eligible 
institutions in Alaska and in Hawaii, with funds awarded 
equally to each of the States of Alaska and Hawaii, $3,150,000; 
for a secondary agriculture education program and 2-year post-
secondary education (7 U.S.C. 3152(j)), $895,000; for 
aquaculture grants (7 U.S.C. 3322), $4,024,000; for sustainable 
agriculture research and education (7 U.S.C. 5811), 
$12,295,000; for a program of capacity building grants (7 
U.S.C. 3152(b)(4)) to colleges eligible to receive funds under 
the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), 
including Tuskegee University and West Virginia State College, 
$11,479,000, to remain available until expended (7 U.S.C. 
2209b); for payments to the 1994 Institutions pursuant to 
section 534(a)(1) of Public Law 103-382, $1,689,000; and for 
necessary expenses of Research and Education Activities, 
$37,704,000.
    None of the funds appropriated under this heading shall be 
available to carry out research related to the production, 
processing or marketing of tobacco or tobacco products: 
Provided, That this paragraph shall not apply to research on 
the medical, biotechnological, food, and industrial uses of 
tobacco.

              NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

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

                          EXTENSION ACTIVITIES

    For payments to States, the District of Columbia, Puerto 
Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas, 
and American Samoa, $441,731,000, as follows: payments for 
cooperative extension work under the Smith-Lever Act, to be 
distributed under sections 3(b) and 3(c) of said Act, and under 
section 208(c) of Public Law 93-471, for retirement and 
employees' compensation costs for extension agents, 
$279,390,000; payments for extension work at the 1994 
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), 
$2,946,000; payments for the nutrition and family education 
program for low-income areas under section 3(d) of the Act, 
$52,366,000; payments for the pest management program under 
section 3(d) of the Act, $9,620,000; payments for the farm 
safety program under section 3(d) of the Act, $4,940,000; 
payments to upgrade research, extension, and teaching 
facilities at the 1890 land-grant colleges, including Tuskegee 
University and West Virginia State College, as authorized by 
section 1447 of Public Law 95-113 (7 U.S.C. 3222b), 
$15,000,000, to remain available until expended; payments for 
youth-at-risk programs under section 3(d) of the Smith-Lever 
Act, $7,583,000; for youth farm safety education and 
certification extension grants, to be awarded competitively 
under section 3(d) of the Act, $446,000; payments for carrying 
out the provisions of the Renewable Resources Extension Act of 
1978 (16 U.S.C. 1671 et seq.), $4,064,000; payments for Indian 
reservation agents under section 3(d) of the Smith-Lever Act, 
$1,785,000; payments for sustainable agriculture programs under 
section 3(d) of the Act, $4,359,000; payments for rural health 
and safety education as authorized by section 502(i) of Public 
Law 92-419 (7 U.S.C. 2662(i)), $2,345,000; payments for 
cooperative extension work by the colleges receiving the 
benefits of the second Morrill Act (7 U.S.C. 321-326 and 328) 
and Tuskegee University and West Virginia State College, 
$31,908,000, of which $1,724,884 shall be made available only 
for the purpose of ensuring that each institution shall receive 
no less than $1,000,000; for grants to youth organizations 
pursuant to section 7630 of title 7, United States Code, 
$2,683,000; and for necessary expenses of Extension Activities, 
$22,296,000.

                         INTEGRATED ACTIVITIES

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

              OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

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

  Office of the Under Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

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

                        BUILDINGS AND FACILITIES

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

                     Agricultural Marketing Service

                           MARKETING SERVICES

     For necessary expenses to carry out services related to 
consumer protection, agricultural marketing and distribution, 
transportation, and regulatory programs, as authorized by law, 
and for administration and coordination of payments to States, 
$75,430,000, including funds for the wholesale market 
development program for the design and development of wholesale 
and farmer market facilities for the major metropolitan areas 
of the country: Provided, That this appropriation shall be 
available pursuant to law (7 U.S.C. 2250) for the alteration 
and repair of buildings and improvements, but the cost of 
altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the 
building: Provided further, That, in the case of the term of 
protection for the variety for which certificate number 8200179 
was issued, on the date of enactment of this Act, the Secretary 
of Agriculture shall issue a new certificate for a term of 
protection of 10 years for the variety, except that the 
Secretary may terminate the certificate (at the end of any 
calendar year that is more than 5 years after the date of 
issuance of the certificate) if the Secretary determines that a 
new variety of seed (that is substantially based on the 
genetics of the variety for which the certificate was issued) 
is commercially viable and available in sufficient quantities 
to meet market demands.
    Fees may be collected for the cost of standardization 
activities, as established by regulation pursuant to law (31 
U.S.C. 9701).

                 LIMITATION ON ADMINISTRATIVE EXPENSES

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

    FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)

                     (INCLUDING TRANSFERS OF FUNDS)

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

                   PAYMENTS TO STATES AND POSSESSIONS

    For payments to departments of agriculture, bureaus and 
departments of markets, and similar agencies for marketing 
activities under section 204(b) of the Agricultural Marketing 
Act of 1946 (7 U.S.C. 1623(b)), $3,338,000, of which not less 
than $2,000,000 shall be used to make noncompetitive grants 
under this heading.

        Grain Inspection, Packers and Stockyards Administration

                         SALARIES AND EXPENSES

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

        LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

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

             Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

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

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

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

                          Farm Service Agency

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

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

                         STATE MEDIATION GRANTS

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

                        DAIRY INDEMNITY PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

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

           AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

    For gross obligations for the principal amount of direct 
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and 
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land 
acquisition loans (25 U.S.C. 488), and boll weevil loans (7 
U.S.C. 1989), to be available from funds in the Agricultural 
Credit Insurance Fund, as follows: farm ownership loans, 
$1,079,158,000, of which $950,000,000 shall be for guaranteed 
loans and $129,158,000 shall be for direct loans; operating 
loans, $2,083,752,000, of which $1,200,000,000 shall be for 
unsubsidized guaranteed loans, $266,249,000 shall be for 
subsidized guaranteed loans and $617,503,000 shall be for 
direct loans; Indian tribe land acquisition loans, $2,000,000; 
and for boll weevil eradication program loans, $100,000,000.
    For the cost of direct and guaranteed loans, including the 
cost of modifying loans as defined in section 502 of the 
Congressional Budget Act of 1974, as follows: farm ownership 
loans, $33,648,000, of which $5,130,000 shall be for guaranteed 
loans, and $28,518,000 shall be for direct loans; operating 
loans, $163,004,000, of which $39,960,000 shall be for 
unsubsidized guaranteed loans, $34,000,000 shall be for 
subsidized guaranteed loans, and $89,044,000 shall be for 
direct loans.
    In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $290,968,000, of 
which $283,020,000 shall be transferred to and merged with the 
appropriation for ``Farm Service Agency, Salaries and 
Expenses''.
    Funds appropriated by this Act to the Agricultural Credit 
Insurance Program Account for farm ownership and operating 
direct loans and guaranteed loans may be transferred among 
these programs: Provided, That the Committees on Appropriations 
of both Houses of Congress are notified at least 15 days in 
advance of any transfer.

                         Risk Management Agency

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

                              CORPORATIONS

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

                Federal Crop Insurance Corporation Fund

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

                   Commodity Credit Corporation Fund

                 REIMBURSEMENT FOR NET REALIZED LOSSES

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

                       HAZARDOUS WASTE MANAGEMENT

                        (LIMITATION ON EXPENSES)

    For the current fiscal year, the Commodity Credit 
Corporation shall not expend more than $5,000,000 for site 
investigation and cleanup expenses, and operations and 
maintenance expenses to comply with the requirement of section 
107(g) of the Comprehensive Environmental Response, 
Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 
U.S.C. 6961).

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service

                        CONSERVATION OPERATIONS

    For necessary expenses for carrying out the provisions of 
the Act of April 27, 1935 (16 U.S.C. 590a-f), including 
preparation of conservation plans and establishment of measures 
to conserve soil and water (including farm irrigation and land 
drainage and such special measures for soil and water 
management as may be necessary to prevent floods and the 
siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of 
information; acquisition of lands, water, and interests therein 
for use in the plant materials program by donation, exchange, 
or purchase at a nominal cost not to exceed $100 pursuant to 
the Act of August 3, 1956 (7 U.S.C. 428a); purchase and 
erection or alteration or improvement of permanent and 
temporary buildings; and operation and maintenance of aircraft, 
$853,004,000, to remain available until expended (7 U.S.C. 
2209b), of which not less than $9,250,000 is for snow survey 
and water forecasting, and not less than $11,500,000 is for 
operation and establishment of the plant materials centers, and 
of which not less than $23,500,000 shall be for the grazing 
lands conservation initiative: Provided, That appropriations 
hereunder shall be available pursuant to 7 U.S.C. 2250 for 
construction and improvement of buildings and public 
improvements at plant materials centers, except that the cost 
of alterations and improvements to other buildings and other 
public improvements shall not exceed $250,000: Provided 
further, That when buildings or other structures are erected on 
non-Federal land, that the right to use such land is obtained 
as provided in 7 U.S.C. 2250a: Provided further, That this 
appropriation shall be available for technical assistance and 
related expenses to carry out programs authorized by section 
202(c) of title II of the Colorado River Basin Salinity Control 
Act of 1974 (43 U.S.C. 1592(c)): Provided further, That 
qualified local engineers may be temporarily employed at per 
diem rates to perform the technical planning work of the 
Service: Provided further, That none of the funds made 
available under this paragraph by this or any other 
appropriations Act may be used to provide technical assistance 
with respect to programs listed in section 1241(a) of the Food 
Security Act of 1985 (16 U.S.C. 3841(a)).

                     WATERSHED SURVEYS AND PLANNING

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

               WATERSHED AND FLOOD PREVENTION OPERATIONS

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

                    WATERSHED REHABILITATION PROGRAM

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

                 RESOURCE CONSERVATION AND DEVELOPMENT

    For necessary expenses in planning and carrying out 
projects for resource conservation and development and for 
sound land use pursuant to the provisions of sections 31 and 32 
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76 
Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f); and 
subtitle H of title XV of the Agriculture and Food Act of 1981 
(16 U.S.C. 3451-3461), $51,947,000, to remain available until 
expended: Provided, That none of the funds made available under 
this paragraph by this or any other appropriations Act may be 
used to provide technical assistance with respect to programs 
listed in section 1241(a) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)): Provided further, That the Secretary shall 
enter into a cooperative or contribution agreement with a 
national association regarding a Resource Conservation and 
Development program and such agreement shall contain the same 
matching, contribution requirements, and funding level, set 
forth in a similar cooperative or contribution agreement with a 
national association in fiscal year 2002: Provided further, 
That not to exceed $3,504,300, the same amount as in the 
budget, shall be available for national headquarters 
activities.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

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

                  RURAL COMMUNITY ADVANCEMENT PROGRAM

                     (INCLUDING TRANSFERS OF FUNDS)

    For the cost of direct loans, loan guarantees, and grants, 
as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, 
except for sections 381E-H and 381N of the Consolidated Farm 
and Rural Development Act, $757,425,000, to remain available 
until expended, of which $75,919,000 shall be for rural 
community programs described in section 381E(d)(1) of such Act; 
of which $605,006,000 shall be for the rural utilities programs 
described in sections 381E(d)(2), 306C(a)(2), and 306D of such 
Act, of which not to exceed $500,000 shall be available for the 
rural utilities program described in section 306(a)(2)(B) of 
such Act, and of which not to exceed $1,000,000 shall be 
available for the rural utilities program described in section 
306E of such Act; and of which $76,500,000 shall be for the 
rural business and cooperative development programs described 
in sections 381E(d)(3) and 310B(f) of such Act: Provided, That 
of the amount appropriated for rural business and cooperative 
development programs, $100,000 shall be for a pilot program in 
the State of Alaska to assist communities with community 
planning: Provided further, That of the total amount 
appropriated in this account, $24,000,000 shall be for loans 
and grants to benefit Federally Recognized Native American 
Tribes, including grants for drinking water and waste disposal 
systems pursuant to section 306C of such Act, of which 
$4,000,000 shall be available for community facilities grants 
to tribal colleges, as authorized by section 306(a)(19) of the 
Consolidated Farm and Rural Development Act, and of which 
$250,000 shall be available for a grant to a qualified national 
organization to provide technical assistance for rural 
transportation in order to promote economic development: 
Provided further, That of the amount appropriated for rural 
community programs, $6,000,000 shall be available for a Rural 
Community Development Initiative: Provided further, That such 
funds shall be used solely to develop the capacity and ability 
of private, nonprofit community-based housing and community 
development organizations, low-income rural communities, and 
Federally Recognized Native American Tribes to undertake 
projects to improve housing, community facilities, community 
and economic development projects in rural areas: Provided 
further, That such funds shall be made available to qualified 
private, nonprofit and public intermediary organizations 
proposing to carry out a program of financial and technical 
assistance: Provided further, That such intermediary 
organizations shall provide matching funds from other sources, 
including Federal funds for related activities, in an amount 
not less than funds provided: Provided further, That of the 
amount appropriated for the rural business and cooperative 
development programs, not to exceed $500,000 shall be made 
available for a grant to a qualified national organization to 
provide technical assistance for rural transportation in order 
to promote economic development; $1,750,000 shall be for grants 
to the Delta Regional Authority (7 U.S.C. 1921 et seq.); and 
not less than $2,000,000 shall be available for grants in 
accordance with section 310B(f) of the Consolidated Farm and 
Rural Development Act: Provided further, That of the amount 
appropriated for rural utilities programs, not to exceed 
$25,000,000 shall be for water and waste disposal systems to 
benefit the Colonias along the United States/Mexico border, 
including grants pursuant to section 306C of such Act; not to 
exceed $28,000,000 shall be for water and waste disposal 
systems for rural and native villages in Alaska pursuant to 
section 306D of such Act, with up to 1 percent available to 
administer the program and up to 1 percent available to improve 
interagency coordination may be transferred to and merged with 
the appropriation for ``Rural Development, Salaries and 
Expenses'', of which $100,000 shall be provided to develop a 
regional system for centralized billing, operation, and 
management of rural water and sewer utilities through regional 
cooperatives, of which 25 percent shall be provided for water 
and sewer projects in regional hubs, and the State of Alaska 
shall provide a 25 percent cost share; not to exceed 
$17,733,000 shall be for technical assistance grants for rural 
water and waste systems pursuant to section 306(a)(14) of such 
Act, of which $5,513,000 shall be for Rural Community 
Assistance Programs; and not to exceed $13,000,000 shall be for 
contracting with qualified national organizations for a circuit 
rider program to provide technical assistance for rural water 
systems: Provided further, That of the amount appropriated for 
the circuit rider program, Alaska shall receive two additional 
full circuit rider contracts and not less than $750,000 shall 
be for contracting with qualified national organizations to 
establish a Native American circuit rider program to provide 
technical assistance for rural water systems: Provided further, 
That of the total amount appropriated, not to exceed 
$22,132,000 shall be available through June 30, 2004, for 
authorized empowerment zones and enterprise communities and 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones; of which $1,000,000 shall be 
for the rural community programs described in section 
381E(d)(1) of such Act, of which $12,582,000 shall be for the 
rural utilities programs described in section 381E(d)(2) of 
such Act, and of which $8,550,000 shall be for the rural 
business and cooperative development programs described in 
section 381E(d)(3) of such Act: Provided further, That of the 
amount appropriated for rural community programs, not to exceed 
$22,000,000 shall be to provide grants for facilities in rural 
communities with extreme unemployment and severe economic 
depression (Public Law 106-387), with 5 percent for 
administration and capacity building in the State rural 
development offices: Provided further, That of the amount 
appropriated, $28,000,000 shall be transferred to and merged 
with the ``Rural Utilities Service, High Energy Cost Grants 
Account'' to provide grants authorized under section 19 of the 
Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided 
further, That any prior year balances for high cost energy 
grants authorized by section 19 of the Rural Electrification 
Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and 
merged with the ``Rural Utilities Service, High Energy Costs 
Grants Account''.

                Rural Development Salaries and Expenses

                     (INCLUDING TRANSFERS OF FUNDS)

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

                         Rural Housing Service

              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

    For gross obligations for the principal amount of direct 
and guaranteed loans as authorized by title V of the Housing 
Act of 1949, to be available from funds in the rural housing 
insurance fund, as follows: $4,091,634,000 for loans to section 
502 borrowers, as determined by the Secretary, of which 
$1,366,462,000 shall be for direct loans, and of which 
$2,725,172,000 shall be for unsubsidized guaranteed loans; 
$35,004,000 for section 504 housing repair loans; $116,545,000 
for section 515 rental housing; $100,000,000 for section 538 
guaranteed multi-family housing loans; $5,045,000 for section 
524 site loans; $11,500,000 for credit sales of acquired 
property, of which up to $1,500,000 may be for multi-family 
credit sales; and $2,400,000 for section 523 self-help housing 
land development loans.
    For the cost of direct and guaranteed loans, including the 
cost of modifying loans, as defined in section 502 of the 
Congressional Budget Act of 1974, as follows: section 502 
loans, $165,921,000, of which $126,018,000 shall be for direct 
loans, and of which $39,903,000, to remain available until 
expended, shall be for unsubsidized guaranteed loans; section 
504 housing repair loans, $9,612,000; section 515 rental 
housing, $50,126,000; section 538 multi-family housing 
guaranteed loans, $5,950,000; multi-family credit sales of 
acquired property, $663,000; and section 523 self-help housing 
land development loans, $75,000: Provided, That of the total 
amount appropriated in this paragraph, $7,100,000 shall be 
available through June 30, 2004, for authorized empowerment 
zones and enterprise communities and communities designated by 
the Secretary of Agriculture as Rural Economic Area Partnership 
Zones.
    In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $443,302,000, 
which shall be transferred to and merged with the appropriation 
for ``Rural Development, Salaries and Expenses''.

                       RENTAL ASSISTANCE PROGRAM

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

                  MUTUAL AND SELF-HELP HOUSING GRANTS

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

                    RURAL HOUSING ASSISTANCE GRANTS

    For grants and contracts for very low-income housing 
repair, supervisory and technical assistance, compensation for 
construction defects, and rural housing preservation made by 
the Rural Housing Service, as authorized by 42 U.S.C. 1474, 
1479(c), 1490e, and 1490m, $46,222,000, to remain available 
until expended, of which $5,000,000 shall be available for a 
processing and/or fishery workers housing demonstration project 
in Alaska, Mississippi, Utah, and Wisconsin: Provided, That of 
the total amount appropriated, $1,800,000 shall be available 
through June 30, 2004, for authorized empowerment zones and 
enterprise communities and communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership 
Zones.

                       FARM LABOR PROGRAM ACCOUNT

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

                  Rural Business--Cooperative Service

              RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

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

            RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

                    (INCLUDING RESCISSION OF FUNDS)

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

                  RURAL COOPERATIVE DEVELOPMENT GRANTS

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

       RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

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

                        RENEWABLE ENERGY PROGRAM

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

                        Rural Utilities Service

   RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

    Insured loans pursuant to the authority of section 305 of 
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be 
made as follows: 5 percent rural electrification loans, 
$240,000,000; municipal rate rural electric loans, 
$1,000,000,000; loans made pursuant to section 306 of that Act, 
rural electric, $2,000,000,000; Treasury rate direct electric 
loans, $750,000,000; 5 percent rural telecommunications loans, 
$145,000,000; cost of money rural telecommunications loans, 
$250,000,000; loans made pursuant to section 306 of that Act, 
rural telecommunications loans, $120,000,000; and for 
guaranteed underwriting loans pursuant to section 313A, 
$1,000,000,000.
    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, including the cost of 
modifying loans, of direct and guaranteed loans authorized by 
sections 305 and 306 of the Rural Electrification Act of 1936 
(7 U.S.C. 935 and 936), as follows: cost of rural electric 
loans, $60,000, and the cost of telecommunication loans, 
$125,000: Provided, That notwithstanding section 305(d)(2) of 
the Rural Electrification Act of 1936, borrower interest rates 
may exceed 7 percent per year.
    In addition, for administrative expenses necessary to carry 
out the direct and guaranteed loan programs, $37,853,000 which 
shall be transferred to and merged with the appropriation for 
``Rural Development, Salaries and Expenses''.

                  RURAL TELEPHONE BANK PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

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

         DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

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

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service

                        CHILD NUTRITION PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

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

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN 
                                 (WIC)

    For necessary expenses to carry out the special 
supplemental nutrition program as authorized by section 17 of 
the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
$4,639,232,000, to remain available through September 30, 2005: 
Provided, That of the total amount available, the Secretary 
shall obligate not less than $15,000,000 for a breastfeeding 
support initiative in addition to the activities specified in 
section 17(h)(3)(A) and up to $25,000,000 for a management 
information system initiative upon a determination by the 
Secretary that funds are available to meet caseload 
requirements: Provided further, That up to $4,000,000 shall be 
available for pilot projects to prevent childhood obesity upon 
a determination by the Secretary that funds are available to 
meet caseload requirements: Provided further, That of the total 
amount available, the Secretary shall obligate $23,000,000 for 
the farmers' market nutrition program: Provided further, That 
notwithstanding section 17(h)(10)(A) of such Act, $14,000,000 
shall be available for the purposes specified in section 
17(h)(10)(B): Provided further, That none of the funds made 
available under this heading shall be used for studies and 
evaluations: Provided further, That none of the funds in this 
Act shall be available to pay administrative expenses of WIC 
clinics except those that have an announced policy of 
prohibiting smoking within the space used to carry out the 
program: Provided further, That none of the funds provided in 
this account shall be available for the purchase of infant 
formula except in accordance with the cost containment and 
competitive bidding requirements specified in section 17 of 
such Act: Provided further, That none of the funds provided 
shall be available for activities that are not fully reimbursed 
by other Federal Government departments or agencies unless 
authorized by section 17 of such Act.

                           FOOD STAMP PROGRAM

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

                      COMMODITY ASSISTANCE PROGRAM

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

                   NUTRITION PROGRAMS ADMINISTRATION

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

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFERS OF FUNDS)

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

                 PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

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

        PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

                     (INCLUDING TRANSFER OF FUNDS)

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

                     PUBLIC LAW 480 TITLE II GRANTS

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

  MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION 
                             PROGRAM GRANTS

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

       COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFERS OF FUNDS)

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

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         SALARIES AND EXPENSES

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for 
payment of space rental and related costs pursuant to Public 
Law 92-313 for programs and activities of the Food and Drug 
Administration which are included in this Act; for rental of 
special purpose space in the District of Columbia or elsewhere; 
for miscellaneous and emergency expenses of enforcement 
activities, authorized and approved by the Secretary and to be 
accounted for solely on the Secretary's certificate, not to 
exceed $25,000; and notwithstanding section 521 of Public Law 
107-188; $1,673,441,000: Provided, That of the amount provided 
under this heading, $249,825,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h, and 
shall be credited to this account and remain available until 
expended; $31,654,000 shall be derived from medical device user 
fees authorized by 21 U.S.C. 379j, and shall be credited to 
this account and remain available until expended; and 
$5,000,000 shall be derived from animal drug user fees (subject 
to enactment of legislation authorizing such fees), and shall 
be credited to this account and remain available until 
expended: Provided further, That fees derived from prescription 
drug, medical device, and animal drug assessments received 
during fiscal year 2004, including any such fees assessed prior 
to the current fiscal year but credited during the current 
year, shall be subject to the fiscal year 2004 limitation: 
Provided further, That none of these funds shall be used to 
develop, establish, or operate any program of user fees 
authorized by 31 U.S.C. 9701: Provided further, That of the 
total amount appropriated: (1) $413,112,000 shall be for the 
Center for Food Safety and Applied Nutrition and related field 
activities in the Office of Regulatory Affairs; (2) 
$477,966,000 shall be for the Center for Drug Evaluation and 
Research and related field activities in the Office of 
Regulatory Affairs; (3) $169,429,000 shall be for the Center 
for Biologics Evaluation and Research and for related field 
activities in the Office of Regulatory Affairs; (4) $89,396,000 
shall be for the Center for Veterinary Medicine and for related 
field activities in the Office of Regulatory Affairs; (5) 
$209,420,000 shall be for the Center for Devices and 
Radiological Health and for related field activities in the 
Office of Regulatory Affairs; (6) $39,887,000 shall be for the 
National Center for Toxicological Research; (7) $39,276,000 
shall be for Rent and Related activities, other than the 
amounts paid to the General Services Administration for rent; 
(8) $119,594,000 shall be for payments to the General Services 
Administration for rent; and (9) $115,361,000 shall be for 
other activities, including the Office of the Commissioner; the 
Office of Management and Systems; the Office of External 
Relations; the Office of Policy and Planning; and central 
services for these offices: Provided further, That funds may be 
transferred from one specified activity to another with the 
prior approval of the Committees on Appropriations of both 
Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 
263b may be credited to this account, to remain available until 
expended.
    In addition, export certification user fees authorized by 
21 U.S.C. 381 may be credited to this account, to remain 
available until expended.

                        BUILDINGS AND FACILITIES

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

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

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

                       Farm Credit Administration

                 LIMITATION ON ADMINISTRATIVE EXPENSES

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

                     TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically 
provided for, of not to exceed 398 passenger motor vehicles, of 
which 396 shall be for replacement only, and for the hire of 
such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances 
therefor as authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. Funds appropriated by this Act shall be available 
for employment pursuant to the second sentence of section 
706(a) of the Department of Agriculture Organic Act of 1944 (7 
U.S.C. 2225) and 5 U.S.C. 3109.
    Sec. 704. The Secretary of Agriculture may transfer 
unobligated balances of discretionary funds appropriated by 
this Act or other available unobligated discretionary balances 
of the Department of Agriculture to the Working Capital Fund 
for the acquisition of plant and capital equipment necessary 
for the delivery of financial, administrative, and information 
technology services of primary benefit to the agencies of the 
Department of Agriculture: Provided, That none of the funds 
made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior 
approval of the agency administrator: Provided further, That 
none of the funds transferred to the Working Capital Fund 
pursuant to this section shall be available for obligation 
without the prior approval of the Committees on Appropriations 
of both Houses of Congress.
    Sec. 705. New obligational authority provided for the 
following appropriation items in this Act shall remain 
available until expended: Animal and Plant Health Inspection 
Service, the contingency fund to meet emergency conditions, 
information technology infrastructure, fruit fly program, 
emerging plant pests, boll weevil program, and up to 25 percent 
of the screwworm program; Food Safety and Inspection Service, 
field automation and information management project; 
Cooperative State Research, Education, and Extension Service, 
funds for competitive research grants (7 U.S.C. 450i(b)), funds 
for the Research, Education, and Economics Information System 
(REEIS), and funds for the Native American Institutions 
Endowment Fund; Farm Service Agency, salaries and expenses 
funds made available to county committees; Foreign Agricultural 
Service, middle-income country training program and up to 
$2,000,000 of the Foreign Agricultural Service appropriation 
solely for the purpose of offsetting fluctuations in 
international currency exchange rates, subject to documentation 
by the Foreign Agricultural Service.
    Sec. 706. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations 
available to the Department of Agriculture in this Act shall be 
available to provide appropriate orientation and language 
training pursuant to section 606C of the Act of August 28, 1954 
(7 U.S.C. 1766b).
    Sec. 708. No funds appropriated by this Act may be used to 
pay negotiated indirect cost rates on cooperative agreements or 
similar arrangements between the United States Department of 
Agriculture and nonprofit institutions in excess of 10 percent 
of the total direct cost of the agreement when the purpose of 
such cooperative arrangements is to carry out programs of 
mutual interest between the two parties. This does not preclude 
appropriate payment of indirect costs on grants and contracts 
with such institutions when such indirect costs are computed on 
a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 709. None of the funds in this Act shall be available 
to restrict the authority of the Commodity Credit Corporation 
to lease space for its own use or to lease space on behalf of 
other agencies of the Department of Agriculture when such space 
will be jointly occupied.
    Sec. 710. None of the funds in this Act shall be available 
to pay indirect costs charged against competitive agricultural 
research, education, or extension grant awards issued by the 
Cooperative State Research, Education, and Extension Service 
that exceed 20 percent of total Federal funds provided under 
each award: Provided, That notwithstanding section 1462 of the 
National Agricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3310), funds provided by this Act for 
grants awarded competitively by the Cooperative State Research, 
Education, and Extension Service shall be available to pay full 
allowable indirect costs for each grant awarded under section 9 
of the Small Business Act (15 U.S.C. 638).
    Sec. 711. Notwithstanding any other provision of this Act, 
all loan levels provided in this Act shall be considered 
estimates, not limitations.
    Sec. 712. Appropriations to the Department of Agriculture 
for the cost of direct and guaranteed loans made available in 
the current fiscal year shall remain available until expended 
to cover obligations made in the current fiscal year for the 
following accounts: the Rural Development Loan Fund program 
account, the Rural Telephone Bank program account, the Rural 
Electrification and Telecommunication Loans program account, 
the Rural Housing Insurance Fund program account, and the Rural 
Economic Development Loans program account.
    Sec. 713. None of the funds in this Act may be used to 
retire more than 5 percent of the Class A stock of the Rural 
Telephone Bank or to maintain any account or subaccount within 
the accounting records of the Rural Telephone Bank the creation 
of which has not specifically been authorized by statute: 
Provided, That notwithstanding any other provision of law, none 
of the funds appropriated or otherwise made available in this 
Act may be used to transfer to the Treasury or to the Federal 
Financing Bank any unobligated balance of the Rural Telephone 
Bank telephone liquidating account which is in excess of 
current requirements and such balance shall receive interest as 
set forth for financial accounts in section 505(c) of the 
Federal Credit Reform Act of 1990.
    Sec. 714. Of the funds made available by this Act, not more 
than $1,800,000 shall be used to cover necessary expenses of 
activities related to all advisory committees, panels, 
commissions, and task forces of the Department of Agriculture, 
except for panels used to comply with negotiated rule makings 
and panels used to evaluate competitively awarded grants.
    Sec. 715. None of the funds appropriated by this Act may be 
used to carry out section 410 of the Federal Meat Inspection 
Act (21 U.S.C. 679a) or section 30 of the Poultry Products 
Inspection Act (21 U.S.C. 471).
    Sec. 716. No employee of the Department of Agriculture may 
be detailed or assigned from an agency or office funded by this 
Act to any other agency or office of the Department for more 
than 30 days unless the individual's employing agency or office 
is fully reimbursed by the receiving agency or office for the 
salary and expenses of the employee for the period of 
assignment.
    Sec. 717. None of the funds appropriated or otherwise made 
available to the Department of Agriculture shall be used to 
transmit or otherwise make available to any non-Department of 
Agriculture employee questions or responses to questions that 
are a result of information requested for the appropriations 
hearing process.
    Sec. 718. None of the funds made available to the 
Department of Agriculture by this Act may be used to acquire 
new information technology systems or significant upgrades, as 
determined by the Office of the Chief Information Officer, 
without the approval of the Chief Information Officer and the 
concurrence of the Executive Information Technology Investment 
Review Board: Provided, That notwithstanding any other 
provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of 
the Chief Information Officer without the prior approval of the 
Committees on Appropriations of both Houses of Congress.
    Sec. 719. (a) None of the funds provided by this Act, or 
provided by previous Appropriations Acts to the agencies funded 
by this Act that remain available for obligation or expenditure 
in the current fiscal year, or provided from any accounts in 
the Treasury of the United States derived by the collection of 
fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds which: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) increases funds or personnel 
by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or 
employees; (5) reorganizes offices, programs, or activities; or 
(6) contracts out or privatizes any functions or activities 
presently performed by Federal employees; unless the Committees 
on Appropriations of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by 
previous Appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in the 
current fiscal year, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be 
available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in 
excess of $500,000 or 10 percent, whichever is less, that: (1) 
augments existing programs, projects, or activities; (2) 
reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent as 
approved by Congress; or (3) results from any general savings 
from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by 
Congress; unless the Committees on Appropriations of both 
Houses of Congress are notified 15 days in advance of such 
reprogramming of funds.
    (c) The Secretary of Agriculture, the Secretary of Health 
and Human Services, or the Chairman of the Commodity Futures 
Trading Commission shall notify the Committees on 
Appropriations of both Houses of Congress before implementing a 
program or activity not carried out during the previous fiscal 
year unless the program or activity is funded by this Act or 
specifically funded by any other Act.
    Sec. 720. With the exception of funds needed to administer 
and conduct oversight of grants awarded and obligations 
incurred in prior fiscal years, none of the funds appropriated 
or otherwise made available by this or any other Act may be 
used to pay the salaries and expenses of personnel to carry out 
the provisions of section 401 of Public Law 105-185, the 
Initiative for Future Agriculture and Food Systems (7 U.S.C. 
7621).
    Sec. 721. None of the funds appropriated by this or any 
other Act shall be used to pay the salaries and expenses of 
personnel who prepare or submit appropriations language as part 
of the President's Budget submission to the Congress of the 
United States for programs under the jurisdiction of the 
Appropriations Subcommittees on Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies that assumes 
revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior 
to the submission of the Budget unless such Budget submission 
identifies which additional spending reductions should occur in 
the event the user fees proposals are not enacted prior to the 
date of the convening of a committee of conference for the 
fiscal year 2005 appropriations Act.
    Sec. 722. None of the funds made available by this or any 
other Act may be used to close or relocate a state Rural 
Development office unless or until cost effectiveness and 
enhancement of program delivery have been determined.
    Sec. 723. In addition to amounts otherwise appropriated or 
made available by this Act, $3,000,000 is appropriated for the 
purpose of providing Bill Emerson and Mickey Leland Hunger 
Fellowships, as authorized by Public Law 108-58.
    Sec. 724. Notwithstanding section 412 of the Agricultural 
Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f), 
any balances available to carry out title III of such Act as of 
the date of enactment of this Act, and any recoveries and 
reimbursements that become available to carry out title III of 
such Act, may be used to carry out title II of such Act.
    Sec. 725. Of any shipments of commodities made pursuant to 
section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
1431(b)), the Secretary of Agriculture shall, to the extent 
practicable, direct that tonnage equal in value to not more 
than $25,000,000 shall be made available to foreign countries 
to assist in mitigating the effects of the Human 
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome 
on communities, including the provision of--
            (1) agricultural commodities to--
                    (A) individuals with Human Immunodeficiency 
                Virus or Acquired Immune Deficiency Syndrome in 
                the communities; and
                    (B) households in the communities, 
                particularly individuals caring for orphaned 
                children; and
            (2) agricultural commodities monetized to provide 
        other assistance (including assistance under 
        microcredit and microenterprise programs) to create or 
        restore sustainable livelihoods among individuals in 
        the communities, particularly individuals caring for 
        orphaned children.
    Sec. 726. Section 375(e)(6)(B) of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by 
striking ``$26,499,000'' and inserting ``$26,998,000''.
    Sec. 727. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service may provide financial 
and technical assistance through the Watershed and Flood 
Prevention Operations program for the Kuhn Bayou and Ditch 26 
Improvement projects in Arkansas, the Matanuska River erosion 
control project in Alaska, the DuPage County Sawmill Creek 
Watershed project in Illinois, and the Coal Creek project in 
Utah, and four flood control structures in Marmaton, Kansas.
    Sec. 728. Notwithstanding any other provision of law, the 
Secretary shall consider the County of Lawrence, Ohio; the City 
of Havelock, North Carolina; the City of Portsmouth, Ohio; the 
City of Binghamton, New York; the Town of Vestal, New York; the 
City of Ithaca, New York; the City of Casa Grande, Arizona; the 
City of Clarksdale, Mississippi; the City of Coachella, 
California; the City of Salinas, California; the City of 
Watsonville, California; the City of Hollister, California; the 
Municipality of Carolina, Puerto Rico; and the City of Kinston, 
North Carolina, as meeting the eligibility requirements for 
loans and grants programs in the Rural Development mission 
area.
    Sec. 729. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service shall provide financial 
and technical assistance to the DuPage County, Illinois, Kress 
Creek Watershed Plan, from funds available for the Watershed 
and Flood Prevention Operations program, not to exceed 
$1,600,000 and Rockhouse Creek Watershed, Leslie County, 
Kentucky, not to exceed $1,000,000.
    Sec. 730. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this or any other 
appropriation Act.
    Sec. 731. None of the funds made available to the Food and 
Drug Administration by this Act shall be used to close or 
relocate, or to plan to close or relocate, the Food and Drug 
Administration Division of Pharmaceutical Analysis in St. 
Louis, Missouri, outside the city or county limits of St. 
Louis, Missouri.
    Sec. 732. Agencies and offices of the Department of 
Agriculture may utilize any unobligated salaries and expenses 
funds to reimburse the Office of the General Counsel for 
salaries and expenses of personnel, and for other related 
expenses, incurred in representing such agencies and offices in 
the resolution of complaints by employees or applicants for 
employment, and in cases and other matters pending before the 
Equal Employment Opportunity Commission, the Federal Labor 
Relations Authority, or the Merit Systems Protection Board with 
the prior approval of the Committees on Appropriations of both 
Houses of Congress.
    Sec. 733. Notwithstanding any other provision of law, of 
the funds made available in this Act for competitive research 
grants (7 U.S.C. 450i(b)), the Secretary may use up to 20 
percent of the amount provided to carry out a competitive 
grants program under the same terms and conditions as those 
provided in section 401 of the Agricultural Research, 
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621), 
including requests for proposals for grants for critical 
emerging issues described in section 401(c)(1) of that Act for 
which the Secretary has not issued requests for proposals for 
grants in fiscal year 2002 or 2003.
    Sec. 734. None of the funds appropriated or made available 
by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out section 14(h)(1) of the 
Watershed Protection and Flood Prevention Act (16 U.S.C. 
1012(h)(1)).
    Sec. 735. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service shall provide financial 
and technical assistance through the Watershed and Flood 
Prevention Operations program to carry out the Upper Tygart 
Valley Watershed project, West Virginia: Provided, That the 
Natural Resources Conservation Service is authorized to provide 
100 percent of the engineering assistance and 75 percent cost 
share for installation of the water supply component of this 
project.
    Sec. 736. None of the funds appropriated or made available 
by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out subtitle I of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd 
through dd-7).
    Sec. 737. None of the funds appropriated or made available 
by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out section 6405 of Public Law 
107-171 (7 U.S.C. 2655).
    Sec. 738. None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries and 
expenses of personnel to carry out the provisions of sections 
7404(a)(1) and 7404(c)(1) of Public Law 107-171.
    Sec. 739. The Agricultural Marketing Service and the Grain 
Inspection, Packers and Stockyards Administration, that have 
statutory authority to purchase interest bearing investments 
outside of the Treasury, are not required to establish 
obligations and outlays for those investments, provided those 
investments are insured by the Federal Deposit Insurance 
Corporation or are collateralized at the Federal Reserve with 
securities approved by the Federal Reserve, operating under the 
guidelines of the United States Department of the Treasury.
    Sec. 740. Of the funds made available under section 27(a) 
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the 
Secretary may use up to $10,000,000 for costs associated with 
the distribution of commodities.
    Sec. 741. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to enroll in excess of 
189,144 acres in the calendar year 2004 wetlands reserve 
program as authorized by 16 U.S.C. 3837.
    Sec. 742. None of the funds made available in fiscal year 
2004 or preceding fiscal years for programs authorized under 
the Agricultural Trade Development and Assistance Act of 1954 
(7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used 
to reimburse the Commodity Credit Corporation for the release 
of eligible commodities under section 302(f)(2)(A) of the Bill 
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided, 
That any such funds made available to reimburse the Commodity 
Credit Corporation shall only be used pursuant to section 
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
    Sec. 743. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel who carry out an 
environmental quality incentives program authorized by chapter 
4 of subtitle D of title XII of the Food Security Act of 1985 
(16 U.S.C. 3839aa et seq.) in excess of $975,000,000.
    Sec. 744. Notwithstanding any other provision of law, the 
Natural Resources Conservation Service may provide from 
appropriated funds financial and technical assistance to the 
Dry Creek project, Utah.
    Sec. 745. The Secretary of Agriculture is authorized to 
permit employees of the United States Department of Agriculture 
to carry and use firearms for personal protection while 
conducting field work in remote locations in the performance of 
their official duties.
    Sec. 746. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to expend the $23,000,000 
made available by section 9006(f) of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8106(f)).
    Sec. 747. Access to Broadband Telecommunications Services 
in Rural Areas. None of the funds appropriated or otherwise 
made available by this or any other Act shall be used to pay 
the salaries and expenses of personnel to expend the 
$20,000,000 made available by section 601(j)(1)(A) of the Rural 
Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)(A)) for 
fiscal year 2004.
    Sec. 748. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to expend the $40,000,000 
made available by section 231(b)(4) of the Agricultural Risk 
Protection Act of 2000 (7 U.S.C. 1621 note) for fiscal year 
2004.
    Sec. 749. Section 285 of the Agricultural Marketing Act of 
1946 (16 U.S.C. 1638d et seq.) is amended by striking ``2004'' 
and inserting in lieu thereof ``2006, except for `farm-raised 
fish' and `wild fish' which shall be September 30, 2004''.
    Sec. 750. (a) Notwithstanding subsections (c) and (e)(2) of 
section 313A of the Rural Electrification Act (7 U.S.C. 940c(c) 
and (e)(2)) in implementing section 313A of that Act, the 
Secretary shall, with the consent of the lender, structure the 
schedule for payment of the annual fee, not to exceed an 
average of 30 basis points per year for the term of the loan, 
to ensure that sufficient funds are available to pay the 
subsidy costs for note guarantees under that section; and
    (b) The Secretary shall publish a proposed rule to carry 
out section 313A of the Rural Electrification Act of 1936 
within 60 days of enactment of this Act.
    Sec. 751. Any unobligated balances in the Alternative 
Agricultural Research and Commercialization Revolving Fund are 
hereby rescinded.
    Sec. 752. Not more than $41,443,000 for fiscal year 2004 of 
the funds appropriated or otherwise made available by this or 
any other Act shall be used to carry out the conservation 
security program established under subchapter A of chapter 2 of 
subtitle D of title XII of the Food Security Act of 1985 (16 
U.S.C. 3838 et seq.).
    Sec. 753. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to carry out a ground and 
surface water conservation program authorized by section 2301 
of Public Law 107-171, the Farm Security and Rural Investment 
Act of 2002, in excess of $51,000,000.
    Sec. 754. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to carry out section 2502 of 
Public Law 107-171, the Farm Security and Rural Investment Act 
of 2002, in excess of $42,000,000.
    Sec. 755. None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the 
salaries and expenses of personnel to carry out section 2503 of 
Public Law 107-171, the Farm Security and Rural Investment Act 
of 2002, in excess of $112,044,000.
    Sec. 756. (a) Assistance for Commercial Tree Losses.--The 
Secretary of Agriculture shall use $5,000,000 of the funds of 
the Commodity Credit Corporation to provide assistance under 
the Tree Assistance Program, subtitle C of title X of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et 
seq.), to tree-fruit growers located in a federally declared 
disaster area in the State of New York who suffered tree losses 
in 2003 as a result of an April 4-6, 2003, icestorm.
    (b) The Secretary of Agriculture shall use $10,000,000 of 
the funds of the Commodity Credit Corporation, to remain 
available until expended, to compensate commercial citrus and 
lime growers in the State of Florida for tree replacement and 
for lost production with respect to trees removed to control 
citrus canker, and with respect to certified citrus nursery 
stocks within the citrus canker quarantine areas, as determined 
by the Secretary. For a grower to receive assistance for a tree 
under this section, the tree must have been removed after 
September 30, 2001.
    Sec. 757. There is hereby appropriated $1,500,000 to carry 
out section 6028 of Public Law 107-171, the Farm Security and 
Rural Investment Act of 2002: Provided, That notwithstanding 
section 383B(g)(1) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009bb-1(g)(1)), the Federal share of 
the administrative expenses of the Northern Great Plains 
Regional Authority for fiscal year 2004 shall be 100 percent.
    Sec. 758. Section 204(a)(3) of the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) is 
amended by striking everything from ``the Committee on Foreign 
Affairs'' through ``the Committee on'' and inserting in lieu 
thereof ``the Committees on International Relations, 
Agriculture and Appropriations of the House of Representatives, 
and the Committees on Appropriations and''.
    Sec. 759. None of the funds appropriated or made available 
by this or any other Act may be used to pay the salaries and 
expenses of personnel to carry out section 6029 of Public Law 
107-171, the Farm Security and Rural Investment Act of 2002: 
Provided, That this section shall not apply to activities 
related to the promulgation of regulations or the receipt and 
review of applications for the Rural Business Investment 
Program.
    Sec. 760. None of the funds appropriated or otherwise made 
available in this Act shall be expended to violate Public Law 
105-264.
    Sec. 761. Cost-Sharing for Animal and Plant Health 
Emergency Programs. None of the funds made available by this 
Act may be used to issue a final rule in furtherance of, or 
otherwise implement, the proposed rule on cost-sharing for 
animal and plant health emergency programs of the Animal and 
Plant Health Inspection Service published on July 8, 2003 
(Docket No. 02-062-1; 68 Fed. Reg. 40541).
    Sec. 762. Agencies and offices of the Department of 
Agriculture may utilize any available discretionary funds to 
cover the costs of preparing, or contracting for the 
preparation of, final agency decisions regarding complaints of 
discrimination in employment or program activities arising 
within such agencies and offices.
    Sec. 763. Notwithstanding any other provision of law, for 
any fiscal year, in the case of a high cost isolated rural area 
in Alaska that is not connected to a road system, the maximum 
level for the single family housing assistance shall be 150 
percent of the average income level in the metropolitan areas 
of the State and 115 percent of all other eligible areas of the 
State.
    Sec. 764. There is hereby appropriated $1,000,000, to 
remain available until expended, for the Denali Commission to 
address deficiencies in solid waste disposal sites which 
threaten to contaminate rural drinking water supplies.
    Sec. 765. Notwithstanding any other provision of law, the 
Secretary shall consider the City of Vicksburg, Mississippi; 
the City of Aberdeen, South Dakota; and the City of Starkville, 
Mississippi as meeting the requirements of a rural area 
contained in section 520 of the Housing Act of 1949 (42 U.S.C. 
1490) until receipt of the decennial Census for the year 2010.
    Sec. 766. Notwithstanding any other provision of law, the 
Secretary shall consider the City of Berlin, New Hampshire; the 
City of Guymon, Oklahoma; the City of Shawnee, Oklahoma; and 
the City of Altus, Oklahoma, to be eligible for loans and 
grants provided through the Rural Community Advancement Program 
until receipt of the decennial Census in the year 2010.
    Sec. 767. None of the funds made available in this Act may 
be used to study, complete a study of, or enter into a contract 
with a private party to carry out, without specific 
authorization in a subsequent Act of Congress, a competitive 
sourcing activity of the Secretary of Agriculture, including 
support personnel of the Department of Agriculture, relating to 
rural development or farm loan programs.
    Sec. 768. Section 501(b)(5)(B) of the Housing Act of 1949 
(42 U.S.C. 1471(b)(5)(B)) is amended by striking ``for fiscal 
years 2002 and 2003,''.
    Sec. 769. Agricultural Management Assistance. Section 
524(b)(4)(B) of the Federal Crop Insurance Act (7 U.S.C. 
1524(b)(4)(B)) is amended--
            (1) in clause (i), by striking ``clause (ii)'' and 
        inserting ``clauses (ii) and (iii)''; and
            (2) by adding at the end the following:
                            ``(iii) Certain uses.--Of the 
                        amounts made available to carry out 
                        this subsection for each fiscal years 
                        2004 through 2007 the Commodity Credit 
                        Corporation shall use not less than--
                                    ``(I) $14,000,000 to carry 
                                out subparagraphs (A), (B), and 
                                (C) of paragraph (2) through 
                                the Natural Resources 
                                Conservation Service;
                                    ``(II) $1,000,000 to 
                                provide organic certification 
                                cost share assistance through 
                                the Agricultural Marketing 
                                Service; and
                                    ``(III) $5,000,000 to 
                                conduct activities to carry out 
                                subparagraph (F) of paragraph 
                                (2) through the Risk Management 
                                Agency.''.
    Sec. 770. Hereafter, no funds provided in this or any other 
Act shall be available to the Secretary of Agriculture acting 
through the Foreign Agricultural Service to promote the sale or 
export of tobacco or tobacco products.
    Sec. 771. In General.--Section 3(o)(4) of the Food Stamp 
Act of 1977, as amended (7 U.S.C. 2012(o)(4)), is amended by 
inserting before the period at the end the following: ``, and 
except that on October 1, 2003, in the case of households 
residing in Alaska and Hawaii the Secretary may not reduce the 
cost of such diet in effect on September 30, 2002''.
    (b) Effective Date.--The amendment made by subsection (a) 
shall be effective beginning on September 30, 2003.
    Sec. 772. Section 601(b)(2) of the Rural Electrification 
Act of 1936 (7 U.S.C. 950bb(b)(2)) is amended to read as 
follows:
            ``(2) Eligible rural community.--The term `eligible 
        rural community' means any area of the United States 
        that is not contained in an incorporated city or town 
        with a population in excess of 20,000 inhabitants.''.
    Sec. 773. Notwithstanding any other provision of law, for 
all activities under programs of the Rural Development Mission 
Area within the County of Honolulu, Hawaii, the Secretary may 
designate any portion of the county as a rural area or eligible 
rural community that the Secretary determines is not urban in 
character: Provided, That the Secretary shall not include in 
any such rural area or eligible rural community any area 
included in the Honolulu Census Designated Place as determined 
by the Secretary of Commerce.
    Sec. 774. The first sentence of section 306(g)(1) of the 
National Housing Act (12 U.S.C. 1721(g)(1)) is amended--
            (1) by striking ``or title V of the Housing Act of 
        1949''; and
            (2) by inserting after ``1944'' the following: ``, 
        title V of the Housing Act of 1949,''.
    Sec. 775. Notwithstanding the provisions of the 
Consolidated Farm and Rural Development Act (including the 
associated regulations) governing the Community Facilities 
Program, the Secretary may allow all Community Facility Program 
facility borrowers and grantees to enter into contracts with 
not-for-profit third parties for services consistent with the 
requirements of the Program, grant, and/or loan: Provided, That 
the contracts protect the interests of the Government regarding 
cost, liability, maintenance, and administrative fees.
    Sec. 776. Notwithstanding any other provision of law, the 
Secretary of Agriculture may use appropriations available to 
the Secretary for activities authorized under sections 426-426c 
of title 7, United States Code, under this or any other Act, to 
enter into cooperative agreements, with a State, political 
subdivision, or agency thereof, a public or private agency, 
organization, or any other person, to lease aircraft if the 
Secretary determines that the objectives of the agreement will: 
(1) serve a mutual interest of the parties to the agreement in 
carrying out the programs administered by the Animal Plant 
Health Inspection Service, Wildlife Service; and (2) all 
parties will contribute resources to the accomplishment of 
these objectives; award of a cooperative agreement authorized 
by the Secretary may be made for an initial term not to exceed 
5 years.
    Sec. 777. Citrus Canker Assistance.--Section 211 of the 
Agricultural Assistance Act of 2003 (117 Stat. 545) is 
amended--
            (1) in the section heading, by inserting ``TREE 
        REPLACEMENT AND'' after ``FOR''; and
            (2) in subsection (a), by inserting ``tree 
        replacement and'' after ``Florida for''.
    Sec. 778. Sun Grant Research Initiative. (a) Short Title.--
This section may be cited as the ``Sun Grant Research 
Initiative Act of 2003''.
    (b) Research, Extension, and Educational Programs on 
Biobased Energy Technologies and Products.--Title IX of the 
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 
et seq.) is amended by adding at the end the following:

``SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED 
                    ENERGY TECHNOLOGIES AND PRODUCTS.

    ``(a) Purposes.--The purposes of the programs established 
under this section are--
            ``(1) to enhance national energy security through 
        the development, distribution, and implementation of 
        biobased energy technologies;
            ``(2) to promote diversification in, and the 
        environmental sustainability of, agricultural 
        production in the United States through biobased energy 
        and product technologies;
            ``(3) to promote economic diversification in rural 
        areas of the United States through biobased energy and 
        product technologies; and
            ``(4) to enhance the efficiency of bioenergy and 
        biomass research and development programs through 
        improved coordination and collaboration between the 
        Department of Agriculture, the Department of Energy, 
        and the land-grant colleges and universities.
    ``(b) Definitions.--In this section:
            ``(1) Land-grant colleges and universities.--The 
        term `land-grant colleges and universities' means--
                    ``(A) 1862 Institutions (as defined in 
                section 2 of the Agricultural Research, 
                Extension, and Education Reform Act of 1998 (7 
                U.S.C. 7601));
                    ``(B) 1890 Institutions (as defined in 
                section 2 of that Act) and West Virginia State 
                College; and
                    ``(C) 1994 Institutions (as defined in 
                section 2 of that Act).
            ``(2) Secretary.--The term `Secretary' means the 
        Secretary of Agriculture.
    ``(c) Establishment.--To carry out the purposes described 
in subsection (a), the Secretary shall establish programs under 
which--
            ``(1) the Secretary shall provide grants to sun 
        grant centers specified in subsection (d); and
            ``(2) the sun grant centers shall use the grants in 
        accordance with this section.
    ``(d) Grants to Centers.--The Secretary shall use amounts 
made available for a fiscal year under subsection (j) to 
provide a grants in equal amounts to each of the following sun 
grant centers:
            ``(1) North-central center.--A north-central sun 
        grant center at South Dakota State University for the 
        region composed of the States of Illinois, Indiana, 
        Iowa, Minnesota, Montana, Nebraska, North Dakota, South 
        Dakota, Wisconsin, and Wyoming.
            ``(2) Southeastern center.--A southeastern sun 
        grant center at the University of Tennessee at 
        Knoxville for the region composed of--
                    ``(A) the States of Alabama, Florida, 
                Georgia, Kentucky, Mississippi, North Carolina, 
                South Carolina, Tennessee, and Virginia;
                    ``(B) the Commonwealth of Puerto Rico; and
                    ``(C) the United States Virgin Islands.
            ``(3) South-central center.--A south-central sun 
        grant center at Oklahoma State University for the 
        region composed of the States of Arkansas, Colorado, 
        Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and 
        Texas.
            ``(4) Western center.--A western sun grant center 
        at Oregon State University for the region composed of--
                    ``(A) the States of Alaska, Arizona, 
                California, Hawaii, Idaho, Nevada, Oregon, 
                Utah, and Washington; and
                    ``(B) territories and possessions of the 
                United States (other than the territories 
                referred to in subparagraphs (B) and (C) of 
                paragraph (2)).
            ``(5) Northeastern center.--A northeastern sun 
        grant center at Cornell University for the region 
        composed of the States of Connecticut, Delaware, 
        Massachusetts, Maryland, Maine, Michigan, New 
        Hampshire, New Jersey, New York, Ohio, Pennsylvania, 
        Rhode Island, Vermont, and West Virginia.
    ``(e) Use of Funds.--
            ``(1) Centers of excellence.--Of the amount of 
        funds that are made available for a fiscal year to a 
        sun grant center under subsection (d), the center shall 
        use not more than 25 percent of the amount for 
        administration to support excellence in science, 
        engineering, and economics at the center to promote the 
        purposes described in subsection (a) through the State 
        agricultural experiment station, cooperative extension 
        services, and relevant educational programs of the 
        university.
            ``(2) Grants to land-grant colleges and 
        universities.--
                    ``(A) In general.--The sun grant center 
                established for a region shall use the funds 
                that remain available for a fiscal year after 
                expenditures made under paragraph (1) to 
                provide competitive grants to land-grant 
                colleges and universities in the region of the 
                sun grant center to conduct, consistent with 
                the purposes described in subsection (a), 
                multiinstitutional and multistate--
                            ``(i) research, extension, and 
                        educational programs on technology 
                        development; and
                            ``(ii) integrated research, 
                        extension, and educational programs on 
                        technology implementation.
                    ``(B) Programs.--Of the amount of funds 
                that are used to provide grants for a fiscal 
                year under subparagraph (A), the center shall 
                use--
                            ``(i) not less than 30 percent of 
                        the funds to carry out programs 
                        described in subparagraph (A)(i); and
                            ``(ii) not less than 30 percent of 
                        the funds to carry out programs 
                        described in subparagraph (A)(ii).
            ``(3) Indirect costs.--A sun grant center may not 
        recover the indirect costs of making grants under 
        paragraph (2) to other land-grant colleges and 
        universities.
    ``(f) Plan.--
            ``(1) In general.--Subject to the availability of 
        funds under subsection (j), in cooperation with other 
        land-grant colleges and universities and private 
        industry in accordance with paragraph (2), the sun 
        grant centers shall jointly develop and submit to the 
        Secretary, for approval, a plan for addressing at the 
        State and regional levels the bioenergy, biomass, and 
        gasification research priorities of the Department of 
        Agriculture and the Department of Energy for the making 
        of grants under paragraphs (1) and (2) of subsection 
        (e).
            ``(2) Gasification coordination.--
                    ``(A) In general.--In developing the plan 
                under paragraph (1) with respect to 
                gasification research, the sun grant centers 
                identified in paragraphs (1) and (2) of 
                subsection (d) shall coordinate with land grant 
                colleges and universities in their respective 
                regions that have ongoing research activities 
                with respect to the research.
                    ``(B) Funding.--Funds made available under 
                subsection (d) to the sun grant center 
                identified in subsection (e)(2) shall be 
                available to carry out planning coordination 
                under paragraph (1) of this subsection.
    ``(g) Grants to Other Land-Grant Colleges and 
Universities.--
            ``(1) Priority for grants.--In making grants under 
        subsection (e)(2), a sun grant center shall give a 
        higher priority to programs that are consistent with 
        the plan approved by the Secretary under subsection 
        (f).
            ``(2) Term of grants.--The term of a grant provided 
        by a sun grant center under subsection (e)(2) shall not 
        exceed 5 years.
    ``(h) Grant Information Analysis Center.--The sun grant 
centers shall maintain a Sun Grant Information Analysis Center 
at the sun grant center specified in subsection (d)(1) to 
provide sun grant centers analysis and data management support.
    ``(i) Annual Reports.--Not later than 90 days after the end 
of a year for which a sun grant center receives a grant under 
subsection (d), the sun grant center shall submit to the 
Secretary a report that describes the policies, priorities, and 
operations of the program carried out by the center during the 
year, including a description of progress made in facilitating 
the priorities described in subsection (f).
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be 
        appropriated to carry out this section--
                    ``(A) $25,000,000 for fiscal year 2005;
                    ``(B) $50,000,000 for fiscal year 2006; and
                    ``(C) $75,000,000 for each of fiscal years 
                2007 through 2010.
            ``(2) Grant information analysis center.--Of 
        amounts made available under paragraph (1), not more 
        than $4,000,000 for each fiscal year shall be made 
        available to carry out subsection (h).''.
    Sec. 779. Rural Electrification. For fiscal year 2004, the 
Secretary of Agriculture may use any unobligated carryover 
funds made available for any program administered by the Rural 
Utilities Service (not including funds made available under the 
heading ``Rural Community Advancement Program'' in any Act of 
appropriation) to carry out section 315 of the Rural 
Electrification Act of 1936 (7 U.S.C. 940e).
    Sec. 780. Limitation on Allocation of Purchase Prices for 
Butter and Nonfat Dry Milk. None of the funds made available by 
this Act may be used to pay the salaries or expenses of 
employees of the Department of Agriculture to allocate the rate 
of price support between the purchase prices for nonfat dry 
milk and butter in a manner that does not support the price of 
milk in accordance with section 1501(b) of the Farm Security 
and Rural Investment Act of 2002 (7 U.S.C. 7981(b)).
    Sec. 781. Emergency Watershed Protection Program. 
Notwithstanding any other provision of law, the Secretary of 
Agriculture is authorized to make funding and other assistance 
available through the emergency watershed protection program 
under section 403 of the Agricultural Credit Act of 1978 (16 
U.S.C. 2203) to repair and prevent damage to non-Federal land 
in watersheds that have been impaired by fires initiated by the 
Federal Government and to waive cost sharing requirements for 
the funding and assistance.
    Sec. 782. The Secretary may waive the requirements 
regarding small and emerging rural business as authorized under 
the Rural Business Enterprise Grant program for the purpose of 
a lease for the Oakridge Oregon Industrial Park.
    Sec. 783. Water and Waste Disposal Grant to the Alaska 
Department of Community and Economic Development. 
Notwithstanding any other provision of law--
            (1) the Alaska Department of Community and Economic 
        Development shall be eligible to receive a water and 
        waste disposal grant under section 306(a) of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 
        1926(a)) in an amount that is equal to not more than 75 
        percent of the total cost of providing water and sewer 
        service to the proposed hospital in the Matanuska-
        Susitna Borough, Alaska; and
            (2) the Alaska Department of Community and Economic 
        Development shall be allowed to pass the grant funds 
        through to the local government entity that will 
        provide water and sewer service to the hospital.
    Sec. 784. None of the funds provided in this Act may be 
used for salaries and expenses to carry out any regulation or 
rule insofar as it would make ineligible for enrollment in the 
conservation reserve program established under subchapter B of 
chapter 1 of subtitle D of title XII of the Food Security Act 
of 1985 (16 U.S.C. 3831 et seq.) land that is planted to 
hardwood trees as of the date of enactment of this Act and was 
enrolled in the conservation reserve program under a contract 
that expired prior to calendar year 2002.
    Sec. 785. Water and Waste Disposal Grant to the City of 
Postville, Iowa. Notwithstanding any other provision of law, 
the City of Postville, Iowa, shall be eligible to receive a 
water and waste disposal grant under section 306(a) of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) 
in an amount that is equal to not more than 75 percent of the 
total cost of providing water and sewer service in the city.
    Sec. 786. None of the funds appropriated or otherwise made 
available by this Act shall be used to pay the salaries and 
expenses of personnel to implement a reorganization of regional 
conservationists and/or regional offices of the Natural 
Resources Conservation Service without the prior approval of 
the Committees on Appropriations.
    Sec. 787. Of the unobligated balance available to the Food 
Safety and Inspection Service for the field automation and 
information management project at the beginning of fiscal year 
2004, $5,000,000 is hereby rescinded.
    Sec. 788. The matter under the heading ``Integrated 
Activities'' in Division A--Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Programs 
Appropriations, 2003, Title I--Agricultural Programs, in Public 
Law 108-7 is amended by striking ``7 U.S.C. 3291'' and 
inserting in its place ``7 U.S.C. 3292b''.
    Sec. 789. Notwithstanding any other provision of law, the 
City of Great Falls, Montana shall be considered a rural area 
for purposes of eligibility for business and industry 
guaranteed loans under section 310B(a)(1) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1932(a)(1)).
    This division may be cited as the ``Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2004''.

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

                                 AN ACT

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

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

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         SALARIES AND EXPENSES

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

                     joint automated booking system

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

         INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM

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

                   LEGAL ACTIVITIES OFFICE AUTOMATION

    For necessary expenses related to the design, development, 
engineering, acquisition, and implementation of office 
automation systems for the organizations funded under the 
headings ``Salaries and Expenses, General Legal Activities'', 
and ``General Administration, Salaries and Expenses'', and the 
United States Attorneys, the United States Marshals Service, 
the Antitrust Division, the United States Trustee Program, the 
Executive Office for Immigration Review, the Community 
Relations Service, the Bureau of Prisons, the Office of Justice 
Programs and the United States Parole Commission, $27,034,000, 
to remain available until September 30, 2005.

                       NARROWBAND COMMUNICATIONS

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

                         COUNTERTERRORISM FUND

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

                   ADMINISTRATIVE REVIEW AND APPEALS

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

                           DETENTION TRUSTEE

    For necessary expenses of the Federal Detention Trustee who 
shall exercise all power and functions authorized by law 
relating to the detention of Federal prisoners in non-Federal 
institutions or otherwise in the custody of the United States 
Marshals Service, $814,097,000, to remain available until 
expended: Provided, That the Trustee shall be responsible for 
managing the Justice Prisoner and Alien Transportation System 
and for overseeing housing related to such detention; the 
management of funds appropriated to the Department of Justice 
for the exercise of any detention functions; and the direction 
of the United States Marshals Service with respect to the 
exercise of detention policy setting and operations for the 
Department: Provided further, That any unobligated balances 
available in prior years from the funds appropriated under the 
heading ``Federal Prisoner Detention'' shall be transferred to 
and merged with the appropriation under the heading ``Detention 
Trustee'' and shall be available until expended: Provided 
further, That the Trustee, working in consultation with the 
Bureau of Prisons, shall submit a plan for collecting 
information related to evaluating the health and safety of 
Federal prisoners in non-Federal institutions no later than 180 
days following the enactment of this Act.

                      OFFICE OF INSPECTOR GENERAL

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

                    United States Parole Commission

                         SALARIES AND EXPENSES

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

                            Legal Activities

            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

               salaries and expenses, antitrust division

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

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

                   UNITED STATES TRUSTEE SYSTEM FUND

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

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

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

         SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

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

                              CONSTRUCTION

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

                     FEES AND EXPENSES OF WITNESSES

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

           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

    For necessary expenses of the Community Relations Service, 
$9,526,000 and, in addition, up to $1,000,000 of funds made 
available to the Department of Justice in this Act may be 
transferred by the Attorney General to this account: Provided, 
That notwithstanding any other provision of law, upon a 
determination by the Attorney General that emergent 
circumstances require additional funding for conflict 
resolution and violence prevention activities of the Community 
Relations Service, the Attorney General may transfer such 
amounts to the Community Relations Service, from available 
appropriations for the current fiscal year for the Department 
of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to 
the previous proviso shall be treated as a reprogramming under 
section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the 
procedures set forth in that section.

                         ASSETS FORFEITURE FUND

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

                    Federal Bureau of Investigation

                         SALARIES AND EXPENSES

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

  FOREIGN TERRORIST TRACKING TASK FORCE/TERRORIST THREAT INTEGRATION 
                                 CENTER

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

                              CONSTRUCTION

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

                    Drug Enforcement Administration

                         SALARIES AND EXPENSES

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

                      INTERAGENCY DRUG ENFORCEMENT

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         SALARIES AND EXPENSES

    For necessary expenses of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives, including the purchase of not to 
exceed 822 vehicles for police-type use, of which 650 shall be 
for replacement only; not to exceed $18,000 for official 
reception and representation expenses; for training of State 
and local law enforcement agencies with or without 
reimbursement, including training in connection with the 
training and acquisition of canines for explosives and fire 
accelerants detection; and for provision of laboratory 
assistance to State and local law enforcement agencies, with or 
without reimbursement, $836,087,000, of which not to exceed 
$1,000,000 shall be available for the payment of attorneys' 
fees as provided by 18 U.S.C. 924(d)(2): Provided, That no 
funds appropriated herein shall be available for salaries or 
administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or 
any portion thereof, of acquisition and disposition of firearms 
maintained by Federal firearms licensees: Provided further, 
That no funds appropriated herein shall be used to pay 
administrative expenses or the compensation of any officer or 
employee of the United States to implement an amendment or 
amendments to 27 CFR 178.118 or to change the definition of 
``Curios or relics'' in 27 CFR 178.11 or remove any item from 
ATF Publication 5300.11 as it existed on January 1, 1994: 
Provided further, That none of the funds appropriated herein 
shall be available to investigate or act upon applications for 
relief from Federal firearms disabilities under 18 U.S.C. 
925(c): Provided further, That such funds shall be available to 
investigate and act upon applications filed by corporations for 
relief from Federal firearms disabilities under section 925(c) 
of title 18, United States Code: Provided further, That no 
funds made available by this or any other Act may be used to 
transfer the functions, missions, or activities of the Bureau 
of Alcohol, Tobacco, Firearms, and Explosives to other agencies 
or Departments in fiscal year 2004: Provided further, That no 
funds appropriated under this or any other Act may be used to 
disclose to the public the contents or any portion thereof of 
any information required to be kept by licensees pursuant to 
section 923(g) of title 18, United States Code, or required to 
be reported pursuant to paragraphs (3) and (7) of section 
923(g) of title 18, United States Code, except that this 
provision shall apply to any request for information made by 
any person or entity after January 1, 1998: Provided further, 
That no funds made available by this or any other Act shall be 
expended to promulgate or implement any rule requiring a 
physical inventory of any business licensed under section 923 
of title 18, United States Code: Provided further, That no 
funds under this Act may be used to electronically retrieve 
information gathered pursuant to 18 U.S.C. 923(g)(4) by name or 
any personal identification code: Provided further, That 
subparagraphs (A) and (B) of 28 U.S.C. 530C(b)(2), are amended 
by inserting ``for the Bureau of Alcohol, Tobacco, Firearms and 
Explosives,'' after ``Marshals Service,'' in each subparagraph.

                         Federal Prison System

                         SALARIES AND EXPENSES

    For expenses necessary for the administration, operation, 
and maintenance of Federal penal and correctional institutions, 
including purchase (not to exceed 838, of which 535 are for 
replacement only) and hire of law enforcement and passenger 
motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign 
governments, $4,461,257,000: Provided, That the Attorney 
General may transfer to the Health Resources and Services 
Administration such amounts as may be necessary for direct 
expenditures by that Administration for medical relief for 
inmates of Federal penal and correctional institutions: 
Provided further, That the Director of the Federal Prison 
System, where necessary, may enter into contracts with a fiscal 
agent/fiscal intermediary claims processor to determine the 
amounts payable to persons who, on behalf of the Federal Prison 
System, furnish health services to individuals committed to the 
custody of the Federal Prison System: Provided further, That 
not to exceed $6,000 shall be available for official reception 
and representation expenses: Provided further, That not to 
exceed $50,000,000 shall remain available for necessary 
operations until September 30, 2005: Provided further, That, of 
the amounts provided for Contract Confinement, not to exceed 
$20,000,000 shall remain available until expended to make 
payments in advance for grants, contracts and reimbursable 
agreements, and other expenses authorized by section 501(c) of 
the Refugee Education Assistance Act of 1980, for the care and 
security in the United States of Cuban and Haitian entrants: 
Provided further, That the Director of the Federal Prison 
System may accept donated property and services relating to the 
operation of the prison card program from a not-for-profit 
entity which has operated such program in the past 
notwithstanding the fact that such not-for-profit entity 
furnishes services under contracts to the Federal Prison System 
relating to the operation of pre-release services, halfway 
houses or other custodial facilities.

                        BUILDINGS AND FACILITIES

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

                FEDERAL PRISON INDUSTRIES, INCORPORATED

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

   LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, 
                              INCORPORATED

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

                       Office of Justice Programs

                           JUSTICE ASSISTANCE

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

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

    For grants, contracts, cooperative agreements, and other 
assistance authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
Act''); the Omnibus Crime Control and Safe Streets Act of 1968 
(``the 1968 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386); and other 
programs; $1,297,684,000 (including amounts for administrative 
costs, which shall be transferred to and merged with the 
``Justice Assistance'' account): Provided, That all balances 
under this heading for programs to address violence against 
women may be transferred to and merged with the appropriation 
for ``Violence Against Women Prevention and Prosecution 
Programs'': Provided further, That funding provided under this 
heading shall remain available until expended as follows:
            (1) $225,000,000 for Local Law Enforcement Block 
        Grants, pursuant to H.R. 728 as passed by the House of 
        Representatives on February 14, 1995, except that for 
        purposes of this Act and retroactive to October 1, 
        2000, Guam shall be considered as one ``State'' for all 
        purposes under H.R. 728, notwithstanding any provision 
        of section 108(3) thereof, the Commonwealth of Puerto 
        Rico shall be considered a ``unit of local government'' 
        as well as a ``State'', for the purposes set forth in 
        paragraphs (A), (B), (D), (F), and (I) of section 
        101(a)(2) of H.R. 728, and for establishing crime 
        prevention programs involving cooperation between 
        community residents and law enforcement personnel in 
        order to control, detect, or investigate crime or the 
        prosecution of criminals: Provided, That funding shall 
        be available for the purposes authorized by part E of 
        title I of the 1968 Act: Provided further, That no 
        funds provided under this heading may be used as 
        matching funds for any other Federal grant program, of 
        which--
                    (A) $80,000,000 shall be for Boys and Girls 
                Clubs in public housing facilities and other 
                areas in cooperation with State and local law 
                enforcement, as authorized by section 401 of 
                Public Law 104-294 (42 U.S.C. 13751 note);
                    (B) $10,000,000 shall be available for 
                grants, contracts, and other assistance to 
                carry out section 102(c) of H.R. 728; and
                    (C) $2,981,000 for USA Freedom Corps 
                activities;
            (2) $300,000,000 for the State Criminal Alien 
        Assistance Program, as authorized by section 242(j) of 
        the Immigration and Nationality Act: Provided, That 
        funds shall be disbursed only as a direct reimbursement 
        for each State's documented cost for incarcerating 
        undocumented criminal aliens;
            (3) $2,000,000 for the Cooperative Agreement 
        Program for the improvement of State and local 
        correctional facilities holding prisoners in custody of 
        the United States Marshals Service;
            (4) $15,000,000 for assistance to Indian tribes, of 
        which--
                    (A) $2,000,000 shall be available for 
                grants under section 20109(a)(2) of subtitle A 
                of title II of the 1994 Act;
                    (B) $8,000,000 shall be available for the 
                Tribal Courts Initiative; and
                    (C) $5,000,000 shall be available for 
                demonstration projects on alcohol and crime in 
                Indian Country;
            (5) $659,117,000 for programs authorized by part E 
        of title I of the 1968 Act, notwithstanding the 
        provisions of section 511 of said Act, of which 
        $159,117,000 shall be for discretionary grants under 
        the Edward Byrne Memorial State and Local Law 
        Enforcement Assistance Programs;
            (6) $10,000,000 for victim services programs for 
        victims of trafficking, as authorized by section 
        107(b)(2) of Public Law 106-386;
            (7) $892,000 for the Missing Alzheimer's Disease 
        Patient Alert Program, as authorized by section 
        240001(c) of the 1994 Act;
            (8) $38,500,000 for Drug Courts, as authorized by 
        Part EE of title I of the 1968 Act;
            (9) $2,000,000 for public awareness programs 
        addressing marketing scams aimed at senior citizens, as 
        authorized by section 250005(3) of the 1994 Act;
            (10) $7,000,000 for a prescription drug monitoring 
        program;
            (11) $37,175,000 for prison rape prevention and 
        prosecution programs as authorized by the Prison Rape 
        Elimination Act of 2003 (Public Law 108-79), of which 
        $2,175,000 shall be transferred to the National Prison 
        Rape Reduction Commission for authorized activities; 
        and
            (12) $1,000,000 for a State and local law 
        enforcement hate crimes training and technical 
        assistance program: Provided, That funds made available 
        in fiscal year 2004 under subpart 1 of part E of title 
        I of the 1968 Act may be obligated for programs to 
        assist States in the litigation processing of death 
        penalty Federal habeas corpus petitions and for drug 
        testing initiatives: Provided further, That, if a unit 
        of local government uses any of the funds made 
        available under this title to increase the number of 
        law enforcement officers, the unit of local government 
        will achieve a net gain in the number of law 
        enforcement officers who perform nonadministrative 
        public safety service.

                       WEED AND SEED PROGRAM FUND

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

                  COMMUNITY ORIENTED POLICING SERVICES

    For activities authorized by the Violent Crime Control and 
Law Enforcement Act of 1994 (Public Law 103-322) (including 
administrative costs), $756,283,000, to remain available until 
expended: Provided, That funds that become available as a 
result of deobligations from prior year balances may not be 
obligated except in accordance with section 605 of this Act: 
Provided further, That of the funds under this heading, not to 
exceed $1,972,000 shall be available for the Office of Justice 
Programs for reimbursable services associated with programs 
administered by the Community Oriented Policing Services 
Office: Provided further, That section 1703(b) and (c) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (``the 1968 
Act'') shall not apply to non-hiring grants made pursuant to 
part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of the 
amounts provided--
            (1) $120,000,000 for the hiring of law enforcement 
        officers, including $60,000,000 for school resource 
        officers;
            (2) $25,000,000 for the matching grant program for 
        Law Enforcement Armor Vests pursuant to section 2501 of 
        part Y of the 1968 Act;
            (3) $25,000,000 to improve tribal law enforcement 
        including equipment and training;
            (4) $54,050,000 for policing initiatives to combat 
        methamphetamine production and trafficking and to 
        enhance policing initiatives in ``drug hot spots'';
            (5) $15,000,000 for Police Corps education and 
        training: Provided, That the out-year program costs of 
        new recruits shall be fully funded from funds currently 
        available;
            (6) $158,407,000 for a law enforcement technology 
        program;
            (7) $30,000,000 for grants to upgrade criminal 
        records, as authorized under the Crime Identification 
        Technology Act of 1998 (42 U.S.C. 14601);
            (8) $100,000,000 for a DNA analysis and backlog 
        reduction formula program, of which:
                    (A) $55,000,000 shall be for eliminating 
                casework backlogs;
                    (B) $5,000,000 shall be for eliminating the 
                offender backlog;
                    (C) $30,000,000 shall be for strengthening 
                crime lab capacity;
                    (D) $5,000,000 shall be for training the 
                criminal justice community; and
                    (E) $5,000,000 shall be for using DNA to 
                identify missing persons;
            (9) $10,000,000 for Paul Coverdell Forensic 
        Sciences Improvement Grants under part BB of title I of 
        the 1968 Act (42 U.S.C. 3797j et seq.);
            (10) $30,000,000 for the Southwest Border 
        Prosecutor Initiative to reimburse State, county, 
        parish, tribal, or municipal governments only for costs 
        associated with the prosecution of criminal cases 
        declined by local United States Attorneys offices;
            (11) $5,000,000 for an offender re-entry program, 
        as authorized by Public Law 107-273;
            (12) $10,000,000 for a police integrity program;
            (13) $30,000,000 for Project Safe Neighborhoods to 
        reduce gun violence, and gang and drug-related crime;
            (14) $24,226,000 for grants, contracts and other 
        assistance to States under section 102(b) of the Crime 
        Identification Technology Act of 1998 (42 U.S.C. 
        14601), of which $5,000,000 is for the National 
        Institute of Justice for grants, contracts, and other 
        agreements to develop school safety technologies and 
        training;
            (15) $85,000,000 for the COPS Interoperable 
        Communications Technology Program;
            (16) $4,600,000 for the Safe Schools Initiative; 
        and
            (17) not to exceed $30,000,000 for program 
        management and administration.

       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

    For grants, contracts, cooperative agreements, and other 
assistance for the prevention and prosecution of violence 
against women as authorized by the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322) 
(``the 1994 Act''); the Victims of Child Abuse Act of 1990 
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools 
to end the Exploitation of Children Today Act of 2003 (Public 
Law 108-21); and the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386); $387,629,000 
(including amounts for administrative costs, which shall be 
transferred to and merged with the ``Justice Assistance'' 
account), to remain available until expended.
    Of the amount provided--
            (1) $11,897,000 for the court appointed special 
        advocate program, as authorized by section 217 of the 
        1990 Act;
            (2) $2,281,000 for child abuse training programs 
        for judicial personnel and practitioners, as authorized 
        by section 222 of the 1990 Act;
            (3) $994,000 for grants for televised testimony, as 
        authorized by part N of the 1968 Act;
            (4) $168,334,000 for grants to combat violence 
        against women, as authorized by part T of the 1968 Act, 
        of which--
                    (A) $5,200,000 shall be for the National 
                Institute of Justice for research and 
                evaluation of violence against women; and
                    (B) $10,000,000 shall be for the Office of 
                Juvenile Justice and Delinquency Prevention for 
                the Safe Start Program, as authorized by the 
                Juvenile Justice and Delinquency Act of 1974;
            (5) $64,503,000 for grants to encourage arrest 
        policies as authorized by part U of the 1968 Act;
            (6) $39,685,000 for rural domestic violence and 
        child abuse enforcement assistance grants, as 
        authorized by section 40295 of the 1994 Act;
            (7) $4,957,000 for training programs as authorized 
        by section 40152 of the 1994 Act, and for related local 
        demonstration projects;
            (8) $2,981,000 for grants to improve the stalking 
        and domestic violence databases, as authorized by 
        section 40602 of the 1994 Act;
            (9) $9,935,000 to reduce violent crimes against 
        women on campus, as authorized by section 1108(a) of 
        Public Law 106-386;
            (10) $39,740,000 for legal assistance for victims, 
        as authorized by section 1201 of Public Law 106-386;
            (11) $4,968,000 for enhancing protection for older 
        and disabled women from domestic violence and sexual 
        assault as authorized by section 40802 of the 1994 Act;
            (12) $14,903,000 for the safe havens for children 
        pilot program as authorized by section 1301 of Public 
        Law 106-386;
            (13) $15,000,000 shall be for transitional housing 
        assistance grants for victims of domestic violence, 
        stalking or sexual assault as authorized by Public Law 
        108-21; and
            (14) $7,451,000 for education and training to end 
        violence against and abuse of women with disabilities, 
        as authorized by section 1402 of Public Law 106-386.

                       JUVENILE JUSTICE PROGRAMS

    For grants, contracts, cooperative agreements, and other 
assistance authorized by the Juvenile Justice and Delinquency 
Prevention Act of 1974 (``the Act''), and other juvenile 
justice programs, including salaries and expenses in connection 
therewith to be transferred to and merged with the 
appropriations for Justice Assistance, $352,700,000, to remain 
available until expended, as follows:
            (1) $3,600,000 for concentration of Federal 
        efforts, as authorized by section 204 of the Act;
            (2) $84,000,000 for State and local programs 
        authorized by section 221 of the Act, including 
        training and technical assistance to assist small, non-
        profit organizations with the Federal grants process;
            (3) $2,500,000 for research, evaluation, training 
        and technical assistance, as authorized by sections 251 
        and 252 of the Act;
            (4) $79,600,000 for demonstration projects as 
        authorized by sections 261 and 262 of the Act;
            (5) $80,000,000 for delinquency prevention, as 
        authorized by section 505 of the Act, of which--
                    (A) $10,000,000 shall be for the Tribal 
                Youth program;
                    (B) $20,000,000 shall be for a gang 
                resistance education and training program to be 
                coordinated with the Bureau of Alcohol, 
                Tobacco, Firearms and Explosives; and
                    (C) $25,000,000 shall be for grants of 
                $360,000 to each State and $6,640,000 shall be 
                available for discretionary grants to States, 
                for programs and activities to enforce State 
                laws prohibiting the sale of alcoholic 
                beverages to minors or the purchase or 
                consumption of alcoholic beverages by minors, 
                prevention and reduction of consumption of 
                alcoholic beverages by minors, and for 
                technical assistance and training;
            (6) $5,000,000 for Project Childsafe;
            (7) $10,000,000 for the Secure Our Schools Act as 
        authorized by Public Law 106-386;
            (8) $15,000,000 for Project Sentry to reduce youth 
        gun violence, and gang and drug-related crime;
            (9) $13,000,000 for programs authorized by the 
        Victims of Child Abuse Act of 1990; and
            (10) $60,000,000 for the Juvenile Accountability 
        Block Grants program as authorized by Public Law 107-
        273 and Guam shall be considered a State:
Provided, That not more than 10 percent of each amount in this 
section may be used for research, evaluation, and statistics 
activities designed to benefit the programs or activities 
authorized, and not more than 2 percent of each amount may be 
used for training and technical assistance.

                    PUBLIC SAFETY OFFICERS BENEFITS

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

               General Provisions--Department of Justice

                         (INCLUDING RESCISSION)

    Sec. 101. In addition to amounts otherwise made available 
in this title for official reception and representation 
expenses, a total of not to exceed $45,000 from funds 
appropriated to the Department of Justice in this title shall 
be available to the Attorney General for official reception and 
representation expenses.
    Sec. 102. None of the funds appropriated by this title 
shall be available to pay for an abortion, except where the 
life of the mother would be endangered if the fetus were 
carried to term, or in the case of rape: Provided, That should 
this prohibition be declared unconstitutional by a court of 
competent jurisdiction, this section shall be null and void.
    Sec. 103. None of the funds appropriated under this title 
shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.
    Sec. 104. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide 
escort services necessary for a female inmate to receive such 
service outside the Federal facility: Provided, That nothing in 
this section in any way diminishes the effect of section 103 
intended to address the philosophical beliefs of individual 
employees of the Bureau of Prisons.
    Sec. 105. Notwithstanding any other provision of law, not 
to exceed $10,000,000 of the funds made available in this Act 
may be used to establish and publicize a program under which 
publicly advertised, extraordinary rewards may be paid, which 
shall not be subject to spending limitations contained in 
sections 3059 and 3072 of title 18, United States Code: 
Provided, That any reward of $100,000 or more, up to a maximum 
of $2,000,000, may not be made without the personal approval of 
the President or the Attorney General and such approval may not 
be delegated: Provided further, That rewards made pursuant to 
section 501 of Public Law 107-56 shall not be subject to this 
section.
    Sec. 106. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
Justice in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by any such transfers: Provided, That any transfer 
pursuant to this section shall be treated as a reprogramming of 
funds under section 605 of this Act and shall not be available 
for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 107. Section 114 of Public Law 107-77 shall remain in 
effect during fiscal year 2004.
    Sec. 108. (a) Hereafter, the Attorney General is authorized 
to transfer, under such terms and conditions as the Attorney 
General shall specify, forfeited real or personal property of 
limited or marginal value, as such value is determined by 
guidelines established by the Attorney General, to a State or 
local government agency, or its designated contractor or 
transferee, for use to support drug abuse treatment, drug and 
crime prevention and education, housing, job skills, and other 
community-based public health and safety programs.
    (b) Any transfer under the preceding proviso shall not 
create or confer any private right of action in any person 
against the United States, and shall be treated as a 
reprogramming under section 605 of this Act.
    Sec. 109. Authorities contained in the 21st Century 
Department of Justice Appropriations Authorization Act (Public 
Law 107-273) shall remain in effect until the effective date of 
a subsequent Department of Justice appropriations authorization 
Act.
    Sec. 110. None of the funds appropriated or otherwise made 
available by this Act or any other Act to the Department of 
Justice shall be expended for the purpose of reimbursement or 
direct payments for the legal fees of an individual employed as 
an attorney in the Department of Justice for a matter in which 
the individual is the subject of a disciplinary recommendation 
for ethical misconduct by the Counsel for Professional 
Responsibility.
    Sec. 111. In addition to the amounts provided under 
``Salaries and Expenses, United States Attorneys'', $15,000,000 
shall be for Project Seahawk and shall remain available until 
expended.
    Sec. 112. (a)(1) None of the funds provided in this Act or 
hereafter may be used for courts or law enforcement officers 
for a tribe or village--
            (A) in which fewer than 25 Native members live in 
        the village year round; or
            (B) that is located within the boundaries of the 
        Fairbanks North Star Borough, the Matanuska Susitna 
        Borough, the Municipality of Anchorage, the Kenai 
        Peninsula Borough, the City and Borough of Juneau, the 
        Sitka Borough, or the Ketchikan Borough.
    (2)(A) There is established an Alaska Rural Justice and Law 
Enforcement Commission (hereinafter ``Justice Commission''). 
The United States Attorney General shall appoint the Justice 
Commission which shall include a Federal Co-chairman, the 
Attorney General for the State of Alaska or his designee who 
shall act as the State Co-Chairman, the Commissioner of Public 
Safety for the State of Alaska, a representative from the 
Alaska Municipal League, a representative from an organized 
borough, a representative of the Alaska Federation of Natives, 
a tribal representative, a representative from a non-profit 
Native corporation that operates Village Public Safety Officer 
programs, and a representative from the Alaska Native Justice 
Center. The chief judge for the Federal District Court for the 
District of Alaska may also appoint a non-voting representative 
to provide technical support. The Justice Commission may hire 
such staff as is necessary to assist with its work.
    (B) The Justice Commission shall review Federal, State, 
local, and tribal jurisdiction over civil and criminal matters 
in Alaska but outside the Municipality of Anchorage, the 
Fairbanks North Star Borough, the Kenai Peninsula Borough, the 
Matanuska-Susitna Borough, the City and Borough of Juneau, the 
Sitka Borough, and the Ketchikan Borough. It shall make 
recommendations to Congress and the Alaska State Legislature no 
later than May 1, 2004, on options which shall include the 
following--
            (i) create a unified law enforcement system, court 
        system, and system of local laws or ordinances for 
        Alaska Native villages and communities of varying sizes 
        including the possibility of first, second, and third 
        class villages with different powers;
            (ii) meet the law enforcement and judicial 
        personnel needs in rural Alaska including the possible 
        use of cross deputization in a way that maximizes the 
        existing resources of Federal, State, local, and tribal 
        governments;
            (iii) address the needs to regulate alcoholic 
        beverages including the prohibition of the sale, 
        importation, use, or possession of alcoholic beverages 
        and to provide restorative justice for persons who 
        violate such laws including treatment; and
            (iv) address the problem of domestic violence and 
        child abuse including treatment options and restorative 
        justice.
    (b)(1) The General Accounting Office shall immediately 
begin a review of Federal programs benefitting rural 
communities in Alaska including the name of each program and 
the department or agency that administers it, the amount of 
funds provided to Alaska through each program, a list of the 
statutes and regulations governing use of funds for each 
program, and any data demonstrating the performance of each 
program. With respect to housing programs, the study shall 
determine the number of houses built by each Native housing 
authority including the cost per house. The Office shall submit 
a report of its findings to the House and Senate Committees on 
Appropriations, and to the Alaska Federation of Natives no 
later than April 30, 2004.
    (2) The Alaska Federation of Natives, in consultation with 
the Alaska Municipal League, may review the delivery of Federal 
programs in Alaska and make recommendations to the Congress to 
reduce duplication, improve and consolidate delivery of 
services, streamline application and administrative procedures, 
improve accountability, mandate performance measures, and other 
actions to reduce costs and improve efficiency.
    (c) The Federal Advisory Committee Act shall not apply to 
this section.
    (d) Amend the Denali Commission Act (Title III of Public 
Law 105-277) by adding a new section as follows:
    ``Sec. 310. (a) The Federal Co-chairman of the Denali 
Commission shall appoint an Economic Development Committee to 
be chaired by the president of the Alaska Federation of Natives 
which shall include the Commissioner of Community and Economic 
Affairs for the State of Alaska, a representative from the 
Alaska Bankers Association, the chairman of the Alaska 
Permanent Fund, a representative from the Alaska State Chamber 
of Commerce, and a representative from each region. Of the 
regional representatives, at least two each shall be from 
Native regional corporations, Native non-profit corporations, 
tribes, and borough governments.
    ``(b) The Economic Development Committee is authorized to 
consider and approve applications from Regional Advisory 
Committees for grants and loans to promote economic development 
and promote private sector investment to reduce poverty in 
economically distressed rural villages. The Economic 
Development Committee may make mini-grants to individual 
applicants and may issue loans under such terms and conditions 
as it determines.
    ``(c) The State Co-chairman of the Denali Commission shall 
appoint a Regional Advisory Committee for each region which may 
include representatives from local, borough, and tribal 
governments, the Alaska Native non-profit corporation operating 
in the region, local Chambers of Commerce, and representatives 
of the private sector. Each Regional Advisory Committee shall 
develop a regional economic development plan for consideration 
by the Economic Development Committee.
    ``(d) The Economic Development Committee, in consultation 
with the First Alaskans Institute, may develop rural 
development performance measures linking economic growth to 
poverty reduction to measure the success of its program which 
may include economic, educational, social, and cultural 
indicators. The performance measures will be tested in one 
region for two years and evaluated by the University of Alaska 
before being deployed statewide. Thereafter, performance in 
each region shall be evaluated using the performance measures, 
and the Economic Development Committee shall not fund projects 
which do not demonstrate success.
    ``(e) Within the amounts made available annually to the 
Denali Commission for training, the Commission may make a grant 
to the First Alaskans Foundation upon submittal of an 
acceptable work plan to assist Alaska Natives and other rural 
residents in acquiring the skills and training necessary to 
participate fully in private sector business and economic and 
development opportunities through fellowships, scholarships, 
internships, public service programs, and other leadership 
initiatives.
    ``(f) The Committee shall sponsor a statewide economic 
development summit in consultation with the World Bank to 
evaluate the best practices for economic development worldwide 
and how they can be incorporated into regional economic 
development plans.
    ``(g) There is authorized to be appropriated such sums as 
may be necessary to the following agencies which shall be 
transferred to the Denali Commission as a direct lump sum 
payment to implement this section:
            ``(1) Department of Commerce, Economic Development 
        Administration,
            ``(2) Department of Housing and Urban Development,
            ``(3) Department of the Interior, Bureau of Indian 
        Affairs,
            ``(4) Department of Agriculture, Rural Development 
        Administration, and
            ``(5) Small Business Administration.''.
    Sec. 113. For an additional amount for the ``Local Law 
Enforcement Block Grant'' program to be provided to the City of 
San Juan, Puerto Rico, $550,000.
    Sec. 114. Of the unobligated balances available to the 
Department of Justice from prior year appropriations with the 
exception of funds provided for counterterrorism activities, 
counterintelligence activities, white collar crime enforcement, 
organized crime enforcement, and drug enforcement, $100,000,000 
are rescinded: Provided, That within 30 days after the date of 
the enactment of this section the Attorney General shall submit 
to the Committees on Appropriations of the House of 
Representatives and the Senate a report specifying the amount 
of each rescission made pursuant to this section.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2004''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         SALARIES AND EXPENSES

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

                     International Trade Commission

                         SALARIES AND EXPENSES

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     OPERATIONS AND ADMINISTRATION

    For necessary expenses for international trade activities 
of the Department of Commerce provided for by law, and for 
engaging in trade promotional activities abroad, including 
expenses of grants and cooperative agreements for the purpose 
of promoting exports of United States firms, without regard to 
44 U.S.C. 3702 and 3703; full medical coverage for dependent 
members of immediate families of employees stationed overseas 
and employees temporarily posted overseas; travel and 
transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 
49 U.S.C. 40118; employment of Americans and aliens by contract 
for services; rental of space abroad for periods not exceeding 
10 years, and expenses of alteration, repair, or improvement; 
purchase or construction of temporary demountable exhibition 
structures for use abroad; payment of tort claims, in the 
manner authorized in the first paragraph of 28 U.S.C. 2672 when 
such claims arise in foreign countries; not to exceed $327,000 
for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed 
$30,000 per vehicle; obtaining insurance on official motor 
vehicles; and rental of tie lines, $395,123,000, to remain 
available until expended, of which $13,000,000 is to be derived 
from fees to be retained and used by the International Trade 
Administration, notwithstanding 31 U.S.C. 3302: Provided, That 
$46,669,000 shall be for Manufacturing and Services; 
$38,204,000 shall be for Market Access and Compliance; 
$68,160,000 shall be for the Import Administration of which 
$3,000,000 is to establish an Office of China Compliance; 
$217,040,000 shall be for the United States and Foreign 
Commercial Service of which $1,500,000 is for the Advocacy 
Center, $2,500,000 is for the Trade Information Center, and 
$2,100,000 is for a China and Middle East Business Center; and 
$25,050,000 shall be for Executive Direction and 
Administration: Provided further, That negotiations shall be 
conducted within the World Trade Organization to recognize the 
right of members to distribute monies collected from 
antidumping and countervailing duties: Provided further, That 
the provisions of the first sentence of section 105(f) and all 
of section 108(c) of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 
apply in carrying out these activities without regard to 
section 5412 of the Omnibus Trade and Competitiveness Act of 
1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
contributions under the provisions of the Mutual Educational 
and Cultural Exchange Act of 1961 shall include payment for 
assessments for services provided as part of these activities.

                    Bureau of Industry and Security

                     OPERATIONS AND ADMINISTRATION

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

                  Economic Development Administration

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

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

                         SALARIES AND EXPENSES

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

                  Minority Business Development Agency

                     MINORITY BUSINESS DEVELOPMENT

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

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         SALARIES AND EXPENSES

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

                          Bureau of the Census

                         SALARIES AND EXPENSES

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

                     PERIODIC CENSUSES AND PROGRAMS

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

       National Telecommunications and Information Administration

                         SALARIES AND EXPENSES

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

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

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

                   INFORMATION INFRASTRUCTURE GRANTS

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

               United States Patent and Trademark Office

                         SALARIES AND EXPENSES

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

                         Science and Technology

                       Technology Administration

                         SALARIES AND EXPENSES

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

             National Institute of Standards and Technology

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

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

                     industrial technology services

    For necessary expenses of the Manufacturing Extension 
Partnership of the National Institute of Standards and 
Technology, $39,607,000, to remain available until expended.
    In addition, for necessary expenses of the Advanced 
Technology Program of the National Institute of Standards and 
Technology, $179,175,000, to remain available until expended, 
of which $60,700,000 shall be expended for the award of new 
grants before September 30, 2004.

                  CONSTRUCTION OF RESEARCH FACILITIES

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

            National Oceanic and Atmospheric Administration

                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses of activities authorized by law for 
the National Oceanic and Atmospheric Administration, including 
maintenance, operation, and hire of aircraft; grants, 
contracts, or other payments to nonprofit organizations for the 
purposes of conducting activities pursuant to cooperative 
agreements; and relocation of facilities as authorized, 
$2,686,520,000, to remain available until September 30, 2005, 
except for funds provided for cooperative enforcement which 
shall remain available until September 30, 2006: Provided, That 
fees and donations received by the National Ocean Service for 
the management of the national marine sanctuaries may be 
retained and used for the salaries and expenses associated with 
those activities, notwithstanding 31 U.S.C. 3302: Provided 
further, That, in addition, $62,000,000 shall be derived by 
transfer from the fund entitled ``Promote and Develop Fishery 
Products and Research Pertaining to American Fisheries'': 
Provided further, That grants to States pursuant to sections 
306 and 306A of the Coastal Zone Management Act of 1972, as 
amended, shall not exceed $2,000,000, unless funds provided for 
``Coastal Zone Management Grants'' exceed funds provided in the 
previous fiscal year: Provided further, That if funds provided 
for ``Coastal Zone Management Grants'' exceed funds provided in 
the previous fiscal year, then no State shall receive more than 
5 percent or less than 1 percent of the additional funds: 
Provided further, That, of the $2,748,520,000 provided for in 
direct obligations under this heading (of which $2,686,520,000 
is appropriated from the General Fund and $62,000,000 is 
provided by transfer), $513,910,000 shall be for the National 
Ocean Service, $639,990,000 shall be for the National Marine 
Fisheries Service, $400,813,000 shall be for Oceanic and 
Atmospheric Research, $729,685,000 shall be for the National 
Weather Service, $153,827,000 shall be for the National 
Environmental Satellite, Data, and Information Service, and 
$310,295,000 shall be for Program Support: Provided further, 
That no general administrative charge shall be applied against 
an assigned activity included in this Act or the report 
accompanying this Act: Provided further, That deobligated 
balances of funds provided under this heading in previous years 
shall be deposited in the United States Treasury General Fund: 
Provided further, That payments of funds made available under 
this heading to the Department of Commerce Working Capital Fund 
shall not exceed $38,758,000: Provided further, That none of 
the funds under this heading are available to alter the 
existing structure, organization, function, and funding of the 
National Marine Fisheries Service Southwest Region and 
Fisheries Science Center and Northwest Region and Fisheries 
Science Center: Provided further, That, hereafter, the 
Secretary of Commerce may enter into cooperative agreements 
with the Joint and Cooperative Institutes as designated by the 
Secretary to use the personnel, services, or facilities of such 
organizations for research, education, training, and outreach: 
Provided further, That of the amounts appropriated under this 
heading, $1,207,000 shall be transferred to and merged with 
funds appropriated under the heading, ``Salaries and Expenses, 
Marine Mammal Commission'', of which $500,000 shall remain 
available until September 30, 2005: Provided further, That none 
of the funds in this Act may be used for the National Oceanic 
and Atmospheric Administration to implement the Department of 
Commerce's E-Government initiatives.
    In addition, for necessary retired pay expenses under the 
Retired Serviceman's Family Protection and Survivor Benefits 
Plan, and for payments for medical care of retired personnel 
and their dependents under the Dependents Medical Care Act (10 
U.S.C. ch. 55), such sums as may be necessary.

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

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

                    PACIFIC COASTAL SALMON RECOVERY

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

                   FISHERIES FINANCE PROGRAM ACCOUNT

    For the costs of direct loans as authorized by the Merchant 
Marine Act of 1936: Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in the 
Federal Credit Reform Act of 1990: Provided further, That these 
funds are available to subsidize gross obligations for the 
principle amount of direct loans not to exceed $5,000,000 for 
Individual Fishing Quota loans, and not to exceed $59,000,000 
for traditional direct loans, of which $40,000,000 may be used 
for direct loans to the United States distant water tuna fleet, 
and of which $19,000,000 may be used for direct loans to the 
United States menhaden fishery: Provided further, That none of 
the funds made available under this heading may be used for 
direct loans for any new fishing vessel that will increase the 
harvesting capacity in any United States fishery.

                        Departmental Management

                         SALARIES AND EXPENSES

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

                      OFFICE OF INSPECTOR GENERAL

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

               General Provisions--Department of Commerce

                         (INCLUDING RESCISSION)

    Sec. 201. During the current fiscal year, applicable 
appropriations and funds made available to the Department of 
Commerce by this Act shall be available for the activities 
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
the extent and in the manner prescribed by the Act, and, 
notwithstanding 31 U.S.C. 3324, may be used for advanced 
payments not otherwise authorized only upon the certification 
of officials designated by the Secretary of Commerce that such 
payments are in the public interest.
    Sec. 202. During the current fiscal year, appropriations 
made available to the Department of Commerce by this Act for 
salaries and expenses shall be available for hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; 
services as authorized by 5 U.S.C. 3109; and uniforms or 
allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
    Sec. 203. Hereafter, none of the funds made available by 
this or any other Act for the National Oceanic and Atmospheric 
Administration may be used to support the hurricane 
reconnaissance aircraft and activities that are under the 
control of the United States Air Force or the United States Air 
Force Reserve.
    Sec. 204. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
Commerce in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by 
more than 10 percent by any such transfers: Provided, That any 
transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall 
not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: 
Provided further, That the Secretary of Commerce shall notify 
the Committees on Appropriations at least 15 days in advance of 
the acquisition or disposal of any capital asset (including 
land, structures, and equipment) not specifically provided for 
in this or any other Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act.
    Sec. 205. Any costs incurred by a department or agency 
funded under this title resulting from personnel actions taken 
in response to funding reductions included in this title or 
from actions taken for the care and protection of loan 
collateral or grant property shall be absorbed within the total 
budgetary resources available to such department or agency: 
Provided, That the authority to transfer funds between 
appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included 
elsewhere in this Act: Provided further, That use of funds to 
carry out this section shall be treated as a reprogramming of 
funds under section 605 of this Act and shall not be available 
for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 206. Hereafter, the Secretary of Commerce may use the 
Commerce franchise fund for expenses and equipment necessary 
for the maintenance and operation of such administrative 
services as the Secretary determines may be performed more 
advantageously as central services, pursuant to section 403 of 
Public Law 103-356: Provided, That any inventories, equipment, 
and other assets pertaining to the services to be provided by 
such fund, either on hand or on order, less the related 
liabilities or unpaid obligations, and any appropriations made 
for the purpose of providing capital shall be used to 
capitalize such fund: Provided further, That such fund shall be 
paid in advance from funds available to the Department and 
other Federal agencies for which such centralized services are 
performed, at rates which will return in full all expenses of 
operation, including accrued leave, depreciation of fund plant 
and equipment, amortization of automated data processing 
software and systems (either acquired or donated), and an 
amount necessary to maintain a reasonable operating reserve, as 
determined by the Secretary: Provided further, That such fund 
shall provide services on a competitive basis: Provided 
further, That an amount not to exceed 4 percent of the total 
annual income to such fund may be retained in the fund for 
fiscal year 2004 and each fiscal year thereafter, to remain 
available until expended, to be used for the acquisition of 
capital equipment, and for the improvement and implementation 
of department financial management, automated data processing, 
and other support systems: Provided further, That such amounts 
retained in the fund for fiscal year 2004 and each fiscal year 
thereafter shall be available for obligation and expenditure 
only in accordance with section 605 of this Act: Provided 
further, That no later than 30 days after the end of each 
fiscal year, amounts in excess of this reserve limitation shall 
be deposited as miscellaneous receipts in the Treasury.
    Sec. 207. Notwithstanding any other provision of law, of 
the amounts made available elsewhere in this title to the 
``National Institute of Standards and Technology, Construction 
of Research Facilities'', $14,000,000 is appropriated to fund a 
cooperative agreement with the Medical University of South 
Carolina, $5,000,000 is appropriated to the Thayer School of 
Engineering, of which $1,000,000 is for research relating to 
intelligent control of distributed systems, $2,000,000 is for a 
smart laser beam project, and $2,000,000 is for research 
relating to nanomagnetics, $500,000 is appropriated to the 
Institute for Information Infrastructure Protection at the 
Institute for Security and Technology Studies, $1,000,000 is 
appropriated for the Institute of Politics, and $500,000 is 
appropriated for the Coastal Conservation Center.
    Sec. 208. Of the amount available from the fund entitled 
``Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries'', $10,000,000 shall be provided to the 
Alaska Fisheries Marketing Board, $2,000,000 shall be available 
to the Gulf and South Atlantic Fisheries Foundation, $2,000,000 
shall be available to the South Carolina Seafood Alliance, 
$1,500,000 shall be available to the Oregon Trawl Commission, 
and $1,500,000 shall be available to the Oregon State 
University Seafood Laboratory: Provided, That (1) the Alaska 
Fisheries Marketing Board (hereinafter ``the Board'') shall be 
a nonprofit organization and not an agency or establishment of 
the United States, (2) the Secretary may appoint, assign, or 
otherwise designate as Executive Director an employee of the 
Department of Commerce, who may serve in an official capacity 
in such position, with or without reimbursement, and such 
appointment or assignment shall be without interruption or loss 
of civil service status or privilege, and (3) the Board may 
adopt bylaws consistent with the purposes of this section, and 
may undertake other acts necessary to carry out the provisions 
of this section.
    Sec. 209. (a) Notwithstanding the provisions of the Public 
Works and Economic Development Act as amended (42 U.S.C. 3121, 
et seq.) or any other provision of law, the Economic 
Development Administration shall approve the sale, transfer, or 
conveyance, without compensation to the agency, of any land on 
the former Charleston Naval Base, located north of Viaduct Road 
which was improved by EDA project numbers 04-49-04196, 04-49-
04280, 04-49-04462, and 04-49-04461 and funds obligated but not 
yet disbursed in connection with EDA project number 04-49-04347 
shall remain available until expended and, as of September 30, 
2003, shall be exempt from the application of section 1552 of 
title 31, United States Code.
    (b) Notwithstanding any other provision of law, the 
Secretary of Commerce shall approve, without compensation to 
the Agency, a lease to be entered into by the city of Florence, 
Alabama, and Alabama Real Estate Holdings, Inc., containing 
such terms and conditions as the city of Florence determines 
appropriate, for use of the parcel of land (including 
improvements thereon) located in Florence, Alabama, that was 
improved using assistance from the Economic Development 
Administration under EDA project number 04-01-03963.
    Sec. 210. (a) The Secretary of Commerce is authorized to 
operate a marine laboratory in South Carolina in accordance 
with a memorandum of agreement, including any future 
amendments, among the National Oceanic and Atmospheric 
Administration, the National Institute of Standards and 
Technology, the State of South Carolina, the Medical University 
of South Carolina, and the College of Charleston as a 
partnership for collaborative, interdisciplinary marine 
scientific research.
    (b) To carry out subsection (a), the agencies that are 
partners in the Laboratory may accept, apply for, use, and 
spend Federal, State, private and grant funds as necessary to 
further the mission of the Laboratory without regard to the 
source or of the period of availability of these funds and may 
apply for and hold patents, as well as share personnel, 
facilities, and property. Any funds collected or accepted by 
any partner may be used to offset all or portions of its costs, 
including overhead, without regard to 31 U.S.C. 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. 211. Extension of Guarantee Authority. (a) In 
General.--Section 101(k) of the Emergency Steel Loan Guarantee 
Act of 1999 (Public Law 106-51; 15 U.S.C. 1841 note) is amended 
by striking ``2003'' and inserting ``2005''.
    (b) Salaries and Expenses.--In addition to funds made 
available under section 101(j) of Emergency Steel Loan 
Guarantee Act of 1999 (15 U.S.C. 1841 note), up to $2,000,000 
in funds made available under section 101(f) of such Act may be 
used for salaries and administrative expenses to administer the 
Emergency Steel Loan Guarantee Program.
    Sec. 212. In addition to amounts made available under the 
heading ``Procurement, Acquisition and Construction, National 
Oceanic and Atmospheric Administration'' $1,500,000 shall be 
available for the Western Carolina University, $1,000,000 shall 
be available for the South Florida Museum, $140,000 shall be 
available for the French and Indian War Foundation, $1,000,000 
shall be available for the City of Chattanooga, Tennessee, 
$1,000,000 shall be available for the University of 
Mississippi, $1,000,000 shall be available for the City of 
Charlotte, North Carolina, and $489,000 shall be available for 
a public safety marine docking facility for Hampton, New 
Hampshire.
    Sec. 213. In addition to amounts appropriated or otherwise 
made available by this Act or any other Act, $500,000 shall be 
provided until expended for the Federal Credit Reform Act cost 
of a reduction loan under sections 1111 and 1112 of title XI of 
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g), 
not to exceed $50,000,000 in principal, that:
            (1) notwithstanding 46 U.S.C. App. 1279f(b), shall 
        have a term of not less than 30 years;
            (2) carries out a New England lobster fishing 
        capacity reduction program which may include fewer than 
        all management areas of the fishery;
            (3) permanently revokes all fishery licenses, 
        fishery permits, area and species endorsements, and any 
        other fishery privileges issued to a vessel or vessels 
        (or to persons on the basis of their operation or 
        ownership of that vessel or vessels) removed under the 
        program; and
            (4) ensures that all vessels removed from the 
        fishery under the program are made permanently 
        ineligible to participate in any fishery worldwide, and 
        that the owners of such vessels will operate only under 
        the United States flag or such vessels shall be 
        scrapped as a reduction vessel pursuant to section 
        600.1011(c) of title 50, Code of Federal Regulations.
    Sec. 214. In addition to amounts appropriated or otherwise 
made available by this Act or any other Act, $500,000 shall be 
provided until expended for the Federal Credit Reform Act cost 
of a reduction loan under sections 1111 and 1112 of title XI of 
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g), 
not to exceed $50,000,000 in principal, that:
            (1) notwithstanding 46 U.S.C. App. 1279f(b), shall 
        have a term of not less than 30 years;
            (2) carries out a Bering Sea and Aleutian Islands 
        non-pollock groundfish capacity reduction program which 
        may include fewer than all management areas of the 
        fishery;
            (3) permanently revokes all fishery licenses, 
        fishery permits, area and species endorsements, and any 
        other fishery privileges issued to a vessel or vessels 
        (or to persons on the basis of their operation or 
        ownership of that vessel or vessels) removed under the 
        program; and
            (4) ensures that all vessels removed from the 
        fishery under the program are made permanently 
        ineligible to participate in any fishery worldwide, and 
        that the owners of such vessels will operate only under 
        the United States flag or such vessels shall be 
        scrapped as a reduction vessel pursuant to section 
        600.1011(c) of title 50, Code of Federal Regulations.
    Sec. 215. Of the unobligated balances available to the 
Department of Commerce from prior year appropriations with the 
exception of funds provided for coral reef activities, 
fisheries enforcement, the Ocean Health Initiative, land 
acquisition, and lab construction, $100,000,000 are rescinded: 
Provided, That within 30 days after the date of enactment of 
this section the Secretary of Commerce shall submit to the 
Committees on Appropriations of the House of Representatives 
and the Senate a report specifying the amount of each 
rescission made pursuant to this section.
    This title may be cited as the ``Department of Commerce and 
Related Agencies Appropriations Act, 2004''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         SALARIES AND EXPENSES

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

                    CARE OF THE BUILDING AND GROUNDS

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

         United States Court of Appeals for the Federal Circuit

                         SALARIES AND EXPENSES

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

               United States Court of International Trade

                         SALARIES AND EXPENSES

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         SALARIES AND EXPENSES

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

                           DEFENDER SERVICES

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

                    FEES OF JURORS AND COMMISSIONERS

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

                             COURT SECURITY

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

           Administrative Office of the United States Courts

                         SALARIES AND EXPENSES

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

                        Federal Judicial Center

                         SALARIES AND EXPENSES

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

                       Judicial Retirement Funds

                    PAYMENT TO JUDICIARY TRUST FUNDS

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

                  United States Sentencing Commission

                         SALARIES AND EXPENSES

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

                   General Provisions--The Judiciary

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

            TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

    For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, including 
employment, without regard to civil service and classification 
laws, of persons on a temporary basis (not to exceed $700,000 
of this appropriation), as authorized by section 801 of the 
United States Information and Educational Exchange Act of 1948; 
representation to certain international organizations in which 
the United States participates pursuant to treaties ratified 
pursuant to the advice and consent of the Senate or specific 
Acts of Congress; arms control, nonproliferation and 
disarmament activities as authorized; acquisition by exchange 
or purchase of passenger motor vehicles as authorized by law; 
and for expenses of general administration, $3,420,000,000: 
Provided, That not to exceed 69 permanent positions and 
$7,311,000 shall be expended for the Bureau of Legislative 
Affairs: Provided further, That, of the amount made available 
under this heading, not to exceed $4,000,000 may be transferred 
to, and merged with, funds in the ``Emergencies in the 
Diplomatic and Consular Service'' appropriations account, to be 
available only for emergency evacuations and terrorism rewards: 
Provided further, That, of the amount made available under this 
heading, $301,563,000 shall be available only for public 
diplomacy international information programs: Provided further, 
That of the amount made available under this heading, 
$3,000,000 shall be available only for the establishment and 
operations of an Office on Right-Sizing the United States 
Government Overseas Presence: Provided further, That funds 
available under this heading may be available for a United 
States Government interagency task force to examine, coordinate 
and oversee United States participation in the United Nations 
headquarters renovation project: Provided further, That no 
funds may be obligated or expended for processing licenses for 
the export of satellites of United States origin (including 
commercial satellites and satellite components) to the People's 
Republic of China unless, at least 15 days in advance, the 
Committees on Appropriations of the House of Representatives 
and the Senate are notified of such proposed action.
    In addition, not to exceed $1,371,000 shall be derived from 
fees collected from other executive agencies for lease or use 
of facilities located at the International Center in accordance 
with section 4 of the International Center Act; in addition, as 
authorized by section 5 of such Act, $490,000, to be derived 
from the reserve authorized by that section, to be used for the 
purposes set out in that section; in addition, as authorized by 
section 810 of the United States Information and Educational 
Exchange Act, not to exceed $6,000,000, to remain available 
until expended, may be credited to this appropriation from fees 
or other payments received from English teaching, library, 
motion pictures, and publication programs and from fees from 
educational advising and counseling and exchange visitor 
programs; and, in addition, not to exceed $15,000, which shall 
be derived from reimbursements, surcharges, and fees for use of 
Blair House facilities.
    In addition, for the costs of worldwide security upgrades, 
$646,701,000, to remain available until expended: Provided, 
That, of the amounts made available under this paragraph, 
$5,000,000 is for the State Department to establish the Center 
for Antiterrorism and Security Training.
    In addition, for the costs of worldwide OpenNet and 
classified connectivity infrastructure, $40,000,000, to remain 
available until expended.

                        CAPITAL INVESTMENT FUND

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

                      OFFICE OF INSPECTOR GENERAL

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

               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

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

                       REPRESENTATION ALLOWANCES

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

              PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

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

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

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

           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

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

                   REPATRIATION LOANS PROGRAM ACCOUNT

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

              PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

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

     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

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

                      International Organizations

              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

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

        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

    For necessary expenses to pay assessed and other expenses 
of international peacekeeping activities directed to the 
maintenance or restoration of international peace and security, 
$550,200,000, of which 10 percent shall remain available until 
September 30, 2005: Provided, That of the amount provided under 
this heading, $95,358,000 shall be derived from prior year 
unobligated balances from funds previously appropriated under 
this heading: Provided further, That none of the funds made 
available under this Act shall be obligated or expended for any 
new or expanded United Nations peacekeeping mission unless, at 
least 15 days in advance of voting for the new or expanded 
mission in the United Nations Security Council (or in an 
emergency as far in advance as is practicable): (1) the 
Committees on Appropriations of the House of Representatives 
and the Senate and other appropriate committees of the Congress 
are notified of the estimated cost and length of the mission, 
the vital national interest that will be served, and the 
planned exit strategy; and (2) a reprogramming of funds 
pursuant to section 605 of this Act is submitted, and the 
procedures therein followed, setting forth the source of funds 
that will be used to pay for the cost of the new or expanded 
mission: Provided further, That funds shall be available for 
peacekeeping expenses only upon a certification by the 
Secretary of State to the appropriate committees of the 
Congress that American manufacturers and suppliers are being 
given opportunities to provide equipment, services, and 
material for United Nations peacekeeping activities equal to 
those being given to foreign manufacturers and suppliers: 
Provided further, That none of the funds made available under 
this heading are available to pay the United States share of 
the cost of court monitoring that is part of any United Nations 
peacekeeping mission.

                       International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or 
specific Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

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

                         salaries and expenses

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

                              CONSTRUCTION

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

              AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties 
between the United States and Canada or Great Britain, and for 
the Border Environment Cooperation Commission as authorized by 
Public Law 103-182, $8,944,000, of which not to exceed $9,000 
shall be available for representation expenses incurred by the 
International Joint Commission.

                  INTERNATIONAL FISHERIES COMMISSIONS

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

                                 Other

                     payment to the asia foundation

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

  INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

    For a grant to the International Center for Middle Eastern-
Western Dialogue Trust Fund, $7,000,000, for operation of the 
International Center for Middle Eastern-Western Dialogue, 
Istanbul, Turkey, to remain available until expended, of which 
$250,000 shall be made available out of such Trust Fund for the 
establishment and operation of a steering committee, which the 
Secretary of State shall appoint to establish the International 
Center for Middle Eastern-Western Dialogue.

        INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

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

                 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

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

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship 
Program as authorized by section 214 of the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), 
all interest and earnings accruing to the Israeli Arab 
Scholarship Fund on or before September 30, 2004, to remain 
available until expended.

                            EAST-WEST CENTER

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

                    NATIONAL ENDOWMENT FOR DEMOCRACY

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

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

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

                   BROADCASTING CAPITAL IMPROVEMENTS

    For the purchase, rent, construction, and improvement of 
facilities for radio transmission and reception, and purchase 
and installation of necessary equipment for radio and 
television transmission and reception as authorized, 
$11,395,000, to remain available until expended, as authorized.

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United 
States Code; for services as authorized by 5 U.S.C. 3109; and 
for hire of passenger transportation pursuant to 31 U.S.C. 
1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
State in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 
percent by any such transfers: Provided, That not to exceed 5 
percent of any appropriation made available for the current 
fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall 
be increased by more than 10 percent by any such transfers: 
Provided further, That any transfer pursuant to this section 
shall be treated as a reprogramming of funds under section 605 
of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth 
in that section.
    Sec. 403. None of the funds made available in this Act may 
be used by the Department of State or the Broadcasting Board of 
Governors to provide equipment, technical support, consulting 
services, or any other form of assistance to the Palestinian 
Broadcasting Corporation.
    Sec. 404. For the purposes of registration of birth, 
certification of nationality, or issuance of a passport of a 
United States citizen born in the city of Jerusalem, the 
Secretary of State shall, upon request of the citizen, record 
the place of birth as Israel.
    Sec. 405. Section 2502 of the Emergency Wartime 
Supplemental Appropriations Act, 2003 (Public Law 108-11) is 
repealed.
    Sec. 406. An application for a visa shall be denied without 
prejudice under section 221(g) of the Immigration and 
Nationality Act (8 U.S.C. 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. 407. Funds appropriated by this Act for the 
Broadcasting Board of Governors and the Department of State may 
be obligated and expended notwithstanding section 15 of the 
State Department Basic Authorities Act of 1956, section 313 of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (Public Law 103-236), and section 504(a)(1) of the 
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
    Sec. 408. (a) The Senior Policy Operating Group on 
Trafficking in Persons, established under section 406 of 
division B of Public Law 108-7 to coordinate agency activities 
regarding policies (including grants and grant policies) 
involving the international trafficking in persons, shall 
coordinate all such policies related to the activities of 
traffickers and victims of severe forms of trafficking.
    (b) None of the funds provided in this or any other Act 
shall be expended to perform functions that duplicate 
coordinating responsibilities of the Operating Group.
    (c) The Operating Group shall continue to report only to 
the authorities that appointed them pursuant to section 406 of 
division B of Public Law 108-7.
    Sec. 409. The Secretary of State shall provide to a member 
of the Committee on Appropriations of the Senate or the 
Committee on Appropriations of the House of Representatives a 
copy of each cable sent to or by a Department of State employee 
that pertains to any topic specified by the requesting member, 
regardless of the level of classification of the cable, not 
later than 15 days after the date on which the member makes a 
written or verbal request for such copies.
    This title may be cited as the ``Department of State and 
Related Agency Appropriations Act, 2004''.

                       TITLE V--RELATED AGENCIES

                   Antitrust Modernization Commission

                         SALARIES AND EXPENSES

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

      Commission for the Preservation of America's Heritage Abroad

                         SALARIES AND EXPENSES

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

                       Commission on Civil Rights

                         SALARIES AND EXPENSES

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

             Commission on International Religious Freedom

                         SALARIES AND EXPENSES

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

            Commission on Security and Cooperation in Europe

                         SALARIES AND EXPENSES

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

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

                         SALARIES AND EXPENSES

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

                Equal Employment Opportunity Commission

                         SALARIES AND EXPENSES

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

                   Federal Communications Commission

                         SALARIES AND EXPENSES

    For necessary expenses of the Federal Communications 
Commission, as authorized by law, including uniforms and 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not 
to exceed $600,000 for land and structure; not to exceed 
$500,000 for improvement and care of grounds and repair to 
buildings; not to exceed $4,000 for official reception and 
representation expenses; purchase and hire of motor vehicles; 
special counsel fees; and services as authorized by 5 U.S.C. 
3109, $273,958,000: Provided, That $272,958,000 of offsetting 
collections shall be assessed and collected pursuant to section 
9 of title I of the Communications Act of 1934, shall be 
retained and used for necessary expenses in this appropriation, 
and shall remain available until expended: Provided further, 
That the sum herein appropriated shall be reduced as such 
offsetting collections are received during fiscal year 2004 so 
as to result in a final fiscal year 2004 appropriation 
estimated at $1,000,000: Provided further, That any offsetting 
collections received in excess of $272,958,000 in fiscal year 
2004 shall remain available until expended, but shall not be 
available for obligation until October 1, 2004: Provided 
further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds 
from the use of a competitive bidding system that may be 
retained and made available for obligation shall not exceed 
$85,000,000 for fiscal year 2004.

                        Federal Trade Commission

                         SALARIES AND EXPENSES

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

                            HELP Commission

                         SALARIES AND EXPENSES

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

                       Legal Services Corporation

               PAYMENT TO THE LEGAL SERVICES CORPORATION

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

          ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION

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

                        Marine Mammal Commission

                         SALARIES AND EXPENSES

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

           National Veterans Business Development Corporation

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

                   Securities and Exchange Commission

                         SALARIES AND EXPENSES

    For necessary expenses for the Securities and Exchange 
Commission, including services as authorized by 5 U.S.C. 3109, 
the rental of space (to include multiple year leases) in the 
District of Columbia and elsewhere, and not to exceed $3,000 
for official reception and representation expenses, 
$811,500,000; of which not to exceed $10,000 may be used toward 
funding a permanent secretariat for the International 
Organization of Securities Commissions; and of which not to 
exceed $100,000 shall be available for expenses for 
consultations and meetings hosted by the Commission with 
foreign governmental and other regulatory officials, members of 
their delegations, appropriate representatives and staff to 
exchange views concerning developments relating to securities 
matters, development and implementation of cooperation 
agreements concerning securities matters and provision of 
technical assistance for the development of foreign securities 
markets, such expenses to include necessary logistic and 
administrative expenses and the expenses of Commission staff 
and foreign invitees in attendance at such consultations and 
meetings including: (1) such incidental expenses as meals taken 
in the course of such attendance; (2) any travel and 
transportation to or from such meetings; and (3) any other 
related lodging or subsistence: Provided, That fees and charges 
authorized by sections 6(b) of the Securities Exchange Act of 
1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the 
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 
78ee), shall be credited to this account as offsetting 
collections: Provided further, That not to exceed $691,500,000 
of such offsetting collections shall be available until 
expended for necessary expenses of this account: Provided 
further, That $120,000,000 shall be derived from prior year 
unobligated balances from funds previously appropriated to the 
Securities and Exchange Commission: Provided further, That the 
total amount appropriated under this heading from the general 
fund for fiscal year 2004 shall be reduced as such offsetting 
fees are received so as to result in a final total fiscal year 
2004 appropriation from the general fund estimated at not more 
than $0.

                     Small Business Administration

                         SALARIES AND EXPENSES

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

                      OFFICE OF INSPECTOR GENERAL

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

                     BUSINESS LOANS PROGRAM ACCOUNT

    For the cost of direct loans, $1,910,000, to be available 
until expended; and for the cost of guaranteed loans, 
$79,132,000, as authorized by 15 U.S.C. 631 note, of which 
$45,000,000 shall remain available until September 30, 2005: 
Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That during fiscal year 
2004 commitments to guarantee loans under section 503 of the 
Small Business Investment Act of 1958, shall not exceed 
$4,500,000,000: Provided further, That during fiscal year 2004 
commitments for general business loans authorized under section 
7(a) of the Small Business Act, shall not exceed 
$10,000,000,000 without prior notification of the Committees on 
Appropriations of the House of Representatives and Senate in 
accordance with section 605 of this Act: Provided further, That 
during fiscal year 2004 commitments to guarantee loans for 
debentures and participating securities under section 303(b) of 
the Small Business Investment Act of 1958, shall not exceed the 
levels established by section 20(i)(1)(C) of the Small Business 
Act.
    In addition, for administrative expenses to carry out the 
direct and guaranteed loan programs, $128,000,000, which may be 
transferred to and merged with the appropriations for Salaries 
and Expenses.

                     DISASTER LOANS PROGRAM ACCOUNT

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

        ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION

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

                        State Justice Institute

                         SALARIES AND EXPENSES

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

      United States-China Economic and Security Review Commission

                         SALARIES AND EXPENSES

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

                      TITLE VI--GENERAL PROVISIONS

                        (INCLUDING RESCISSIONS)

    Sec. 601. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not 
authorized by the Congress.
    Sec. 602. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
issued pursuant to existing law.
    Sec. 604. If any provision of this Act or the application 
of such provision to any person or circumstances shall be held 
invalid, the remainder of the Act and the application of each 
provision to persons or circumstances other than those as to 
which it is held invalid shall not be affected thereby.
    Sec. 605. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies 
funded by this Act that remain available for obligation or 
expenditure in fiscal year 2004, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be 
available for obligation or expenditure through a reprogramming 
of funds that: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) increases funds or personnel 
by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or 
employees; (5) reorganizes or renames offices; (6) reorganizes 
programs or activities; or (7) contracts out or privatizes any 
functions or activities presently performed by Federal 
employees; unless the Appropriations Committees of both Houses 
of Congress are notified 15 days in advance of such 
reprogramming of funds.
    (b) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in 
fiscal year 2004, or provided from any accounts in the Treasury 
of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be 
available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in 
excess of $500,000 or 10 percent, whichever is less, that: (1) 
augments existing programs, projects (including construction 
projects), or activities; (2) reduces by 10 percent funding for 
any existing program, project, or activity, or numbers of 
personnel by 10 percent as approved by Congress; or (3) results 
from any general savings from a reduction in personnel which 
would result in a change in existing programs, activities, or 
projects as approved by Congress; unless the Appropriations 
Committees of both Houses of Congress are notified 15 days in 
advance of such reprogramming of funds.
    Sec. 606. None of the funds made available in this Act may 
be used for the construction, repair (other than emergency 
repair), overhaul, conversion, or modernization of vessels for 
the National Oceanic and Atmospheric Administration in 
shipyards located outside of the United States.
    Sec. 607. If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label 
bearing a ``Made in America'' inscription, or any inscription 
with the same meaning, to any product sold in or shipped to the 
United States that is not made in the United States, the person 
shall be ineligible to receive any contract or subcontract made 
with funds made available in this Act, pursuant to the 
debarment, suspension, and ineligibility procedures described 
in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 608. None of the funds made available in this Act may 
be used to implement, administer, or enforce any guidelines of 
the Equal Employment Opportunity Commission covering harassment 
based on religion, when it is made known to the Federal entity 
or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed 
guidelines published by the Commission on October 1, 1993 (58 
Fed. Reg. 51266).
    Sec. 609. None of the funds appropriated or otherwise made 
available by this Act or any other Act may be used to 
implement, enforce, or otherwise abide by the Memorandum of 
Agreement signed by the Federal Trade Commission and the 
Antitrust Division of the Department of Justice on March 5, 
2002.
    Sec. 610. None of the funds made available by this Act may 
be used for any United Nations undertaking when it is made 
known to the Federal official having authority to obligate or 
expend such funds that: (1) the United Nations undertaking is a 
peacekeeping mission; (2) such undertaking will involve United 
States Armed Forces under the command or operational control of 
a foreign national; and (3) the President's military advisors 
have not submitted to the President a recommendation that such 
involvement is in the national security interests of the United 
States and the President has not submitted to the Congress such 
a recommendation.
    Sec. 611. The Departments of Commerce, Justice, and State, 
the Judiciary and the Small Business Administration shall 
provide to the Committees on Appropriations of the Senate and 
of the House of Representatives a quarterly accounting of the 
cumulative balances of any unobligated funds that were received 
by such agency during any previous fiscal year.
    Sec. 612. (a) None of the funds appropriated or otherwise 
made available by this Act shall be expended for any purpose 
for which appropriations are prohibited by section 609 of the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1999.
    (b) The requirements in subparagraphs (A) and (B) of 
section 609 of that Act shall continue to apply during fiscal 
year 2004.
    Sec. 613. Any costs incurred by a department or agency 
funded under this Act resulting from personnel actions taken in 
response to funding reductions included in this Act shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer 
funds between appropriations accounts as may be necessary to 
carry out this section is provided in addition to authorities 
included elsewhere in this Act: Provided further, That use of 
funds to carry out this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall 
not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 614. Of the funds appropriated in this Act under the 
heading ``Office of Justice Programs--State and Local Law 
Enforcement Assistance'', not more than 90 percent of the 
amount to be awarded to an entity under the Local Law 
Enforcement Block Grant shall be made available to such an 
entity when it is made known to the Federal official having 
authority to obligate or expend such funds that the entity that 
employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968) does not provide such a public safety 
officer who retires or is separated from service due to injury 
suffered as the direct and proximate result of a personal 
injury sustained in the line of duty while responding to an 
emergency situation or a hot pursuit (as such terms are defined 
by State law) with the same or better level of health insurance 
benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 615. None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco 
products, or to seek the reduction or removal by any foreign 
country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally 
to all tobacco or tobacco products of the same type.
    Sec. 616. (a) None of the funds appropriated or otherwise 
made available by this Act shall be expended for any purpose 
for which appropriations are prohibited by section 616 of the 
Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 1999.
    (b) The requirements in subsections (b) and (c) of section 
616 of that Act shall continue to apply during fiscal year 
2004.
    Sec. 617. (a) None of the funds appropriated pursuant to 
this Act or any other provision of law may be used for--
            (1) the implementation of any tax or fee in 
        connection with the implementation of subsection 922(t) 
        of title 18, United States Code; and
            (2) any system to implement subsection 922(t) of 
        title 18, United States Code, that does not require and 
        result in the destruction of any identifying 
        information submitted by or on behalf of any person who 
        has been determined not to be prohibited from 
        possessing or receiving a firearm no more than 24 hours 
        after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the 
        prospective transferee would not violate subsection (g) 
        or (n) of section 922 of title 18, United States Code, 
        or State law.
    (b) Subsection (a)(2) shall take effect not later than 180 
days after enactment of this Act.
    Sec. 618. Notwithstanding any other provision of law, 
amounts deposited or available in the Fund established under 42 
U.S.C. 10601 in any fiscal year in excess of $625,000,000 shall 
not be available for obligation until the following fiscal 
year.
    Sec. 619. None of the funds made available to the 
Department of Justice in this Act may be used to discriminate 
against or denigrate the religious or moral beliefs of students 
who participate in programs for which financial assistance is 
provided from those funds, or of the parents or legal guardians 
of such students.
    Sec. 620. None of the funds appropriated or otherwise made 
available to the Department of State shall be available for the 
purpose of granting either immigrant or nonimmigrant visas, or 
both, consistent with the determination of the Secretary of 
State under section 243(d) of the Immigration and Nationality 
Act, to citizens, subjects, nationals, or residents of 
countries that the Secretary of Homeland Security has 
determined deny or unreasonably delay accepting the return of 
citizens, subjects, nationals, or residents under that section.
    Sec. 621. For additional amounts under the heading ``Small 
Business Administration, Salaries and Expenses'', $1,592,000 
shall be available for the Advanced and Applied Polymer 
Processing Institute; $500,000 shall be available for Northeast 
South Dakota Tech-Based Skills Development; $750,000 shall be 
available for the Southern Methodist University Law School Rule 
of Law; $1,000,000 shall be available for the Accelerated 
Entrepreneur ``AcE'' Program; $500,000 shall be available for 
the National Mass Fatalities Institute; $1,000,000 shall be 
available for the Textile Tracers Program; $500,000 shall be 
available for the Maryland Technology-Based Rural Business 
Incubation Initiative; $1,000,000 shall be available for the 
Northeast Indiana Innovation Center; $750,000 shall be 
available for the Lewis and Clark Bicentennial Bi-State Safety 
Project; $1,000,000 shall be available for the Greenville 
Automotive Research Park; $1,000,000 shall be available for the 
Indiana University Kokomo Business Incubator; $1,593,000 shall 
be available for the Tuck School of Business for its 
partnership with the Minority Business Development 
Administration; $500,000 shall be available for Project 
Restore; $325,000 shall be available for the School of the 
Building Arts Trade Program; $500,000 shall be available for 
the South Carolina Export Consortium; $500,000 shall be 
available for the Freewoods Farm Living Farm Museum in Horry 
County, South Carolina; $1,590,000 shall be available for the 
Alaska InvestNet/Technology Venture Center and Tech Ranch in 
Montana; $1,000,000 shall be available for Youth and Family 
with Promises; $500,000 shall be available for the Wisconsin 
Procurement Institute; $1,000,000 shall be available for the 
Next Generation Economy Initiative; $1,000,000 shall be 
available for the Westside Intercept Project; $250,000 shall be 
available for the International Trade Data Network; $1,000,000 
shall be available for the University of Missouri-St. Louis 
Information Technology Incubator Project; $750,000 shall be 
available for the Idaho Virtual Incubator/Lewis-Clark State 
College; $850,000 shall be available for the UNI Student 
Business Incubator; $1,500,000 shall be available for the 
promotion and operation of the grant to the Adelante 
Development Center, Inc., in Albuquerque, New Mexico; $250,000 
shall be available for the Mississippi Delta Technology 
Council; $2,250,000 shall be available for a grant to the 
Virginia Community College System (VCCS) for improvement of 
distance learning programs; $175,000 shall be available for a 
grant to the Loudoun Convention and Visitors Association in 
Virginia; $100,000 shall be available for a grant to The Cedar 
Creek Battlefield Foundation; $100,000 shall be available for a 
grant to Belle Grove Plantation; $750,000 shall be available 
for a grant to Shenandoah University to develop a historical 
and tourism development facility; $1,000,000 shall be available 
for a grant to the Northern Virginia Technology Council for a 
technology entrepreneurship development and resource center; 
$100,000 shall be available for a grant to the Washington 
Airports Task Force to promote small business growth of 
passenger, cargo and other aviation services; $100,000 shall be 
available for a grant to Team Northeast Ohio; $500,000 shall be 
available for a grant to Wilberforce University for a 
technology initiative; $250,000 shall be available for a grant 
for REI Rural Business Resources Center in Seminole, Oklahoma; 
$1,100,000 shall be available for a grant to Iowa State 
University for the development of a research park biologics 
facility; $200,000 shall be available for a grant to the 
Clarion County Economic Development Corporation; $200,000 shall 
be available for a grant to the Venango Economic Development 
Corporation; $900,000 shall be available for a grant to the 
Illinois Institute of Technology to examine and assess 
advancements in biotechnologies; $1,000,000 shall be available 
for the Illinois Coalition for technology development 
assistance activities; $200,000 shall be available for a grant 
for the Port of Benton for the planning of a science and 
technology park in Richland, Washington; $1,500,000 shall be 
available for a grant to Rockford Area Ventures, Rockford, 
Illinois, to establish a small manufacturing business incubator 
and technology research and development center; $100,000 shall 
be available for a grant to Western Kentucky University for a 
business incubator; $200,000 shall be available for a grant for 
the Chicago Field Museum for a collections resource center; 
$100,000 shall be available for a grant for the Purdue 
University School of Pharmacy for the development of a national 
center for pharmaceutical technology; $100,000 shall be 
available for a grant to the Cedarbridge Development Urban 
Renewal Corporation for facilities development; $100,000 shall 
be available for a grant for Concourse Village in the Bronx, 
New York; $500,000 shall be available for a grant to Pro Co 
Technology Computer Training Center in the Bronx, New York, for 
a computer learning center; $200,000 shall be available for a 
grant for the Promesa Foundation in South Bronx, New York, to 
provide community growth funding; $560,000 shall be available 
for a grant to Bronx Shepherds for a community resource center; 
$200,000 shall be available for a grant to HOGAR, Inc. in the 
Bronx, New York; $100,000 shall be available for a grant to the 
Alliance for Community Services for economic development in the 
Bronx, New York; $300,000 shall be available for a grant to 
Promesa Enterprises to provide services and support to 
community based organizations in the Bronx, New York; $300,000 
shall be available for a grant to Bronx Overall Economic 
Development Corporation for technical assistance opportunities 
for businesses; $250,000 shall be available for a grant to St. 
Mary's College for a telecommunications initiative; $1,200,000 
shall be available for a grant to the MountainMade Foundation 
to fulfill its charter purposes and to continue the initiative 
developed by the NTTC for outreach and promotion, business and 
sites development, the education of artists and craftspeople, 
and to promote small businesses, artisans and their products 
through market development, advertisement, commercial sale and 
other promotional means; $1,000,000 shall be available for the 
Providence, Rhode Island Center for Women and Enterprise for 
infrastructure development; $1,200,000 shall be available for a 
grant for Northwest Shoals Community College to establish a 
Center for Business and Industry; $950,000 shall be available 
for a grant to the Family and Children's Service in 
Minneapolis, Minnesota for community support and development 
programs; $1,000,000 shall be available for a grant to the 
Wisconsin Procurement Institute to develop an electronic based 
system to provide access and opportunity to Federal funding; 
$200,000 shall be for a grant to the National Association of 
Development Organizations Research Foundation to provide 
training and education assistance to small business development 
finance professionals; $750,000 shall be for a grant to the 
North Carolina Rural Economic Development Center for expenses 
and activities in support of the Capital Access Program; 
$500,000 shall be for a grant for the Women's Initiative for 
Self Employment in San Francisco, California; $400,000 shall be 
for a grant to Johnstown Area Regional Industries in 
Pennsylvania for workforce development training programs and 
Small Business Technology Centers; $400,000 shall be for a 
grant to Seton Hill University for expenses in support of the 
Virtual Entrepreneurial Center; $200,000 shall be for a grant 
to the Economic Growth Connection Paperless Procurement 
Program; $200,000 shall be for a grant for the Ridgewood Myrtle 
Avenue Business Improvement District to conduct a redevelopment 
study; $400,000 shall be for a grant to Progress, Inc. to 
establish a Community Technology Center; $150,000 shall be for 
a grant for UPROSE for the ``Sunset Youth Industries'' project; 
$415,000 shall be available for a grant to the Southern and 
Eastern Kentucky Tourism Development Association for 
continuation of a regional tourism promotion initiative; and 
$300,000 shall be for the Arthur Avenue Retail Market in the 
Bronx, New York, for facility, improvement, and maintenance 
needs to meet the Market's business requirements: Provided, 
That Section 625 of Title I of Division B of Public Law 108-7 
is amended with respect to a grant of: (1) $450,000 to the 
Bronx Council on the Arts by deleting the words ``help promote 
stabilization of small arts organizations'' and inserting the 
words ``provide financial assistance to small arts 
organizations to help promote stabilization'' in its place; and 
(2) $500,000 to the City of Merrill, Wisconsin by deleting all 
of the language following Wisconsin and replacing it with ``for 
the capitalization of a business development fund.''.
    Sec. 622. None of the funds made available to the 
Department of Justice in this Act may be used for the purpose 
of transporting an individual who is a prisoner pursuant to 
conviction for crime under State or Federal law and is 
classified as a maximum or high security prisoner, other than 
to a prison or other facility certified by the Federal Bureau 
of Prisons as appropriately secure for housing such a prisoner.
    Sec. 623. (a) None of the funds appropriated by this Act 
may be used by Federal prisons to purchase cable television 
services, to rent or purchase videocassettes, videocassette 
recorders, or other audiovisual or electronic equipment used 
primarily for recreational purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment 
for inmate training, religious, or educational programs.
    Sec. 624. A Deputy Assistant Administrator for non-
contiguous states and territories shall, through the Senior 
Executive Service, administer Small Business Administration 
programs in Alaska, Hawaii, and the territories, including 
disaster loans to fishermen, programs benefitting Alaska Native 
Corporations and Native Hawaiians, including but not limited to 
Section 8(a) and Historically Underutilized Business Zones, and 
all other programs serving Alaska Natives and Native Hawaiians. 
All disaster loans issued in Alaska shall be administered by 
the Small Business Administration and shall not be sold during 
fiscal year 2004.
    Sec. 625. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriation Act.
    Sec. 626. The Secretary of Commerce shall negotiate or 
reevaluate, with the consent of the President, international 
agreements affecting international ocean policy.
    Sec. 627. The Departments of Commerce, Justice, State, the 
Judiciary, and the Small Business Administration shall each 
establish a policy under which eligible employees may 
participate in telecommuting to the maximum extent possible 
without diminished employee performance: Provided, That, not 
later than six months after the date of the enactment of this 
Act, each of the aforementioned entities shall provide that the 
requirements of this section are applied to 100 percent of the 
workforce: Provided further, That, of the funds appropriated in 
this Act for the Departments of Commerce, Justice, and State, 
the Judiciary, and the Small Business Administration, $200,000 
shall be available to each Department or agency only to 
implement telecommuting programs: Provided further, That, every 
six months, each Department or agency shall provide a report to 
the Committees on Appropriations on the status of telecommuting 
programs, including the number of Federal employees eligible 
for, and participating in, such programs, and uses of funds 
designated under this section: Provided further, That each 
Department or agency shall designate a ``Telework Coordinator'' 
to be responsible for overseeing the implementation of 
telecommuting programs and serve as a point of contact on such 
programs for the Committees on Appropriations.
    Sec. 628. The paragraph under the heading ``Small Business 
Administration--Disaster Loans Program Account'' in chapter 2 
of division B of Public Law 107-117 is amended by inserting 
``or section 7(b) of the Small Business Act'' after ``September 
11, 2001''.
    Sec. 629. The Telecommunications Act of 1996 is amended as 
follows--
            (1) in section 202(c)(1)(B) by striking ``35 
        percent'' and inserting ``39 percent'';
            (2) in section 202(c) by adding the following new 
        paragraph at the end:
            ``(3) Divestiture.--A person or entity that exceeds 
        the 39 percent national audience reach limitation for 
        television stations in paragraph (1)(B) through grant, 
        transfer, or assignment of an additional license for a 
        commercial television broadcast station shall have not 
        more than 2 years after exceeding such limitation to 
        come into compliance with such limitation. This 
        divestiture requirement shall not apply to persons or 
        entities that exceed the 39 percent national audience 
        reach limitation through population growth.
            ``(4) Forbearance.--Section 10 of the 
        Communications Act of 1934 (47 U.S.C. 160) shall not 
        apply to any person or entity that exceeds the 39 
        percent national audience reach limitation for 
        television stations in paragraph (1)(B);''; and
            (3) in section 202(h) by striking ``biennially'' 
        and inserting ``quadrennially'' and by adding the 
        following new flush sentence at the end:
``This subsection does not apply to any rules relating to the 
39 percent national audience reach limitation in subsection 
(c)(1)(B).''.
    Sec. 630. (a) Tracing studies conducted by the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives are released without 
adequate disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms, and 
Explosives shall include in all such data releases, language 
similar to the following that would make clear that trace data 
cannot be used to draw broad conclusions about firearms-related 
crime:
            (1) Firearm traces are designed to assist law 
        enforcement authorities in conducting investigations by 
        tracking the sale and possession of specific firearms. 
        Law enforcement agencies may request firearms traces 
        for any reason, and those reasons are not necessarily 
        reported to the Federal Government. Not all firearms 
        used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen 
        for purposes of determining which types, makes or 
        models of firearms are used for illicit purposes. The 
        firearms selected do not constitute a random sample and 
        should not be considered representative of the larger 
        universe of all firearms used by criminals, or any 
        subset of that universe. Firearms are normally traced 
        to the first retail seller, and sources reported for 
        firearms traced do not necessarily represent the 
        sources or methods by which firearms in general are 
        acquired for use in crime.
    Sec. 631. Section 503(f) of the Small Business Investment 
Act of 1958 (15 U.S.C. 697(f)) shall be amended by substituting 
``March 15, 2004'' for the last date that appears in the 
subsection.
    Sec. 632. In addition to amounts otherwise appropriated in 
this Act, the unobligated balances previously made available by 
section 507(g) of Public Law 105-135 shall be available until 
expended for the cost of general business loans under section 
7(a) of the Small Business Act.
    Sec. 633. (a) There is established in the Treasury of the 
United States a trust fund to be known as the International 
Center for Middle Eastern-Western Dialogue Trust Fund. The 
income from the fund shall be used for operations of the 
International Center for Middle Eastern-Western Dialogue to 
promote dialogue and scholarship in the Middle East. The fund 
may accept contributions and gifts from public and private 
sources.
    (b) It shall be the duty of the Secretary of the Treasury 
to invest in full amounts made available to the fund. Such 
investments may be made only in interest-bearing obligations of 
the United States or in obligations guaranteed as to both 
principal and interest by the United States. The interest on, 
and the proceeds from the sale or redemption of, any 
obligations held in the fund shall be credited to and form a 
part of the fund and shall remain available without fiscal year 
limitation.
    (c) For each fiscal year, there is authorized to be 
appropriated from the fund for the operations of the 
International Center for Middle Eastern-Western Dialogue the 
total amount of the interest and earnings credited to the fund 
under subsection (b).
    (d) There are authorized to be appropriated to the 
International Center for Middle Eastern-Western Dialogue Trust 
Fund, without fiscal year limitation, such sums as may be 
necessary to carry out the provisions of this section and to 
provide for the permanent endowment for the International 
Center for Middle Eastern-Western Dialogue established under 
this section.
    (e) The United States, through the Department of State, 
shall retain ownership of the Palazzo Corpi building in 
Istanbul, Turkey, and the Secretary of State shall be 
responsible for maintaining the International Center for Middle 
Eastern-Western Dialogue at such location.
    (f) Section 1321(a) of title 31, United States Code, is 
amended by inserting after ``(58) Inmates' fund, workhouse and 
reformatory, District of Columbia.'' the following new 
paragraph:
            ``(59) International Center for Middle Eastern-
        Western Dialogue Trust Fund.''.
    Sec. 634. None of the funds appropriated or otherwise made 
available under this Act may be used to issue patents on claims 
directed to or encompassing a human organism.
    Sec. 635. None of the funds made available in this Act may 
be used to pay expenses for any United States delegation to the 
United Nations Human Rights Commission if such commission is 
chaired or presided over by a country, the government of which 
the Secretary of State has determined, for purposes of section 
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. 
App. 2405(j)(1)), has repeatedly provided support for acts of 
international terrorism.
    Sec. 636. None of the funds made available in this Act may 
be used in violation of section 212(a)(10)(C) of the 
Immigration and Nationality Act.
    Sec. 637. (a) This section may be cited as the ``HELP 
Commission Act''.
    (b)(1) The Congress finds that, despite the long-standing 
efforts and resources of the United States dedicated to helping 
needy people around the world, despair remains and in many 
areas is growing.
    (2) Therefore, a commission should be established to bring 
together the best minds associated with development and 
humanitarian assistance to make a comprehensive review of--
            (A) policy decisions, including why certain 
        development projects are funded and others are not, 
        successes, and best practices, including their 
        applicability to other existing programs and projects;
            (B) delivery obstacles, including the roles of 
        United States agencies and other governmental and 
        nongovernmental organizations;
            (C) methodology, including whether the delivery of 
        United States development assistance always represents 
        best practices and whether it can be improved; and
            (D) results, including measuring improvements in 
        human capacity instead of in purely economic terms.
    (3) An examination of these issues should present new 
approaches and ideas to ensure that United States development 
assistance reaches and benefits its intended recipients.
    (c)(1) There is established the Helping to Enhance the 
Livelihood of People (HELP) Around the Globe Commission (in 
this section referred to as the ``Commission'').
    (2) The Commission shall--
            (A) identify the past and present objectives of 
        United States development assistance, identify cases in 
        which those objectives have been met, identify the 
        beneficiaries of such assistance, and what percentage 
        of the funds provided actually reached the intended 
        beneficiaries;
            (B) identify cases in which United States 
        development assistance has been most successful, and 
        analyze how such successes may be transferable to other 
        countries or areas;
            (C) study ways to expand educational opportunities 
        and investments in people, and assess infrastructure 
        needs;
            (D) analyze how the United States could place 
        conditions on governments in countries receiving United 
        States development assistance, in light of and 
        notwithstanding the objectives of the Millennium 
        Challenge Account;
            (E) analyze ways in which the United States can 
        coordinate its development assistance programs with 
        those of other donor countries and international 
        organizations;
            (F) analyze ways in which the safety of development 
        assistance workers can be ensured, particularly in the 
        midst of conflicts;
            (G) compare the effectiveness of increased and open 
        trade with development assistance, and analyze the 
        advantages and disadvantages of such trade and whether 
        such trade could be a more effective alternative to 
        United States development assistance;
            (H) analyze ways in which the United States can 
        strengthen the capacity of indigenous nongovernmental 
        organizations to be more effective in grassroots 
        development;
            (I) analyze ways in which decisions on providing 
        development assistance can involve more of the people 
        of the recipient countries;
            (J) analyze ways in which results can be measured 
        if United States development assistance is targeted to 
        the least developed countries;
            (K) recommend standards that should be set for 
        ``graduating'' recipient countries from United States 
        development assistance;
            (L) analyze whether United States development 
        assistance should be used as a means to achieve United 
        States foreign policy objectives;
            (M) analyze how the United States can evaluate the 
        performance of its development assistance programs not 
        only against economic indicators, but in other ways, 
        including how to measure the success of United States 
        development assistance in democratization efforts; and 
        evaluate the existing foreign assistance framework to 
        ascertain the degree of coordination, or lack thereof, 
        of the disparate foreign development programs as 
        administered by the various Federal agencies, to 
        identify and assess the redundancies of programs and 
        organizational structures engaged in foreign 
        assistance, and to recommend revisions to authorizing 
        legislation for foreign assistance that would seek to 
        reconcile competing foreign policy and foreign aid 
        goals; and
            (N) study any other areas that the Commission 
        considers necessary relating to United States 
        development assistance.
    (d)(1) The Commission shall be composed of 21 members as 
follows:
            (A) Six members shall be appointed by the 
        President, of whom at least two shall be 
        representatives of nongovernmental organizations.
            (B) Four members shall be appointed by the majority 
        leader of the Senate, and three members shall be 
        appointed by the minority leader of the Senate.
            (C) Four members shall be appointed by the Speaker 
        of the House of Representatives, and three members 
        shall be appointed by the minority leader of the House 
        of Representatives.
            (D) The Administrator of the United States Agency 
        for International Development shall serve as a member 
        of the Commission, ex officio.
    (2) Members under subparagraphs (A) through (C) of 
paragraph (1) shall be appointed for the life of the 
Commission.
    (3) Members of the Commission shall be selected from among 
individuals noted for their knowledge and experience in foreign 
assistance, particularly development and humanitarian 
assistance.
    (4) The appointments under paragraph (1) shall be made not 
later than 60 days after the date of the enactment of this 
section.
    (5) The President shall designate one of the members of the 
Commission not currently in government service as the Chair of 
the Commission.
    (6) In order to facilitate the workload of the Commission, 
the Commission shall divide the membership of the Commission 
into three subcommittees representing the different regions of 
the world to which the United States provides development 
assistance, the membership of each subcommittee to be 
proportional to the percentage of United States development 
assistance provided to the region represented by the 
subcommittee. Each subcommittee shall elect one of its members 
as Chair of the subcommittee.
    (7)(A) Eleven members of the Commission shall constitute a 
quorum for purposes of transacting the business of the 
Commission. The Commission shall meet at the call of the Chair.
    (B) A majority of the members of each regional subcommittee 
shall constitute a quorum for purposes of transacting the 
business of the subcommittee. Each subcommittee shall meet at 
the call of the Chair of the subcommittee.
    (8) Any vacancy of the Commission shall not affect its 
powers, but shall be filled in the manner in which the original 
appointment was made.
    (9) The Administrator of General Services shall provide to 
the Commission on a reimbursable basis (or, in the discretion 
of the Administrator, on a nonreimbursable basis) such 
administrative support services as the Commission may request 
to carry out this section.
    (10)(A) Subject to subparagraph (B), members of the 
Commission shall serve without pay.
    (B) Members of the Commission who are full-time officers or 
employees of the United States or Members of Congress may not 
receive additional pay, allowances, or benefits by reason of 
their service on the Commission.
    (11) Members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission.
    (12)(A) The Chairman of the Commission may, without regard 
to the civil service laws and regulations, appoint and 
terminate an executive director and such other additional 
personnel as may be necessary to enable the Commission to 
perform its duties. The employment of an executive director 
shall be subject to confirmation by the Commission.
    (B) To the extent or in the amounts provided in advance in 
appropriations Acts--
            (i) the executive director shall be compensated at 
        the rate payable for level V of the Executive Schedule 
        under section 5316 of title 5, United States Code; and
            (ii) the Chairman of the Commission may fix the 
        compensation of other personnel without regard to the 
        provisions of chapter 51 and subchapter III of chapter 
        53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay 
        rates, except that the rate of pay for such personnel 
        may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.
    (e)(1) The Commission may, for the purpose of carrying out 
its functions under this section, hold hearings, sit and act at 
times and places in the United States and in countries that 
receive United States development assistance, take testimony, 
and receive evidence as the Commission considers advisable to 
carry out the purposes of this section.
    (2) The Commission may secure directly from any Federal 
department or agency such information as the Commission 
considers necessary to carry out the provisions of this 
section. Upon request of the Chair of the Commission, the head 
of such department or agency shall furnish such information to 
the Commission, subject to applicable law.
    (3) The Commission may use the United States mails in the 
same manner and under the same conditions as other departments 
and agencies of the Federal Government.
    (4) The Commission may adopt such rules and regulations, 
relating to administrative procedure, as may be reasonably 
necessary to enable it to carry out the provisions of this 
section.
    (5) The Members of the Commission may, with the approval of 
the Commission, conduct such travel as is necessary to carry 
out the purposes of this section. Each trip must be approved by 
a majority of the Commission.
    (6) Upon the request of the Commission, the head of any 
Federal department or agency may detail, on a reimbursable or 
nonreimbursable basis, any of the personnel of that department 
or agency to the Commission to assist it in carrying out its 
functions under this section. The detail of any such personnel 
shall be without interruption or loss of civil service or 
Foreign Service status or privilege.
    (f)(1) Not later than 2 years after the members of the 
Commission are appointed under subsection (d)(1), the 
Commission shall submit a report to the President, the 
Secretary of State, the Committee on Appropriations and the 
Committee on International Relations of the House of 
Representatives, and the Committee on Appropriations and the 
Committee on Foreign Relations of the Senate, setting forth its 
findings and recommendations under section (c)(2).
    (2) The report may be submitted in classified form, 
together with a public summary of recommendations, if the 
classification of information would further the purposes of 
this section.
    (3) Each member of the Commission may include the 
individual or dissenting views of the member.
    (g) The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to the Commission.
    (h) In this section, the term ``United States development 
assistance'' means--
            (1) assistance provided by the United States under 
        chapters 1, 10, 11, and 12 of part I of the Foreign 
        Assistance Act of 1961; and
            (2) assistance provided under any other provision 
        of law to carry out purposes comparable to those set 
        forth in the provisions referred to in paragraph (1).
    (i)(1) There are authorized to be appropriated to the 
Commission such sums as may be necessary to carry out this 
section.
    (2) Amounts authorized to be appropriated under subsection 
(a) are authorized to remain available until expended, but not 
later than the date of termination of the Commission.
    (j) The Commission shall terminate 30 days after the 
submission of its report under subsection (f).
    (k)(1) Not later than April 1, 2004, and April 1 of each 
third year thereafter, the President shall transmit to the 
Congress a report that analyzes, on a country-by-country basis, 
the impact and effectiveness of United States economic 
assistance furnished to each country during the preceding three 
fiscal years. The report shall include the following for each 
recipient country:
            (A) An analysis of the impact of United States 
        economic assistance during the preceding three fiscal 
        years on economic development in that country, with a 
        discussion of the United States interests that were 
        served by the assistance. The analysis shall be done on 
        a sector-by-sector basis to the extent possible and 
        shall identify any economic policy reforms that were 
        promoted by the assistance. The analysis shall--
                    (i) include a description, quantified to 
                the extent practicable, of the specific 
                objectives the United States sought to achieve 
                in providing economic assistance for that 
                country; and
                    (ii) specify the extent to which those 
                objectives were not achieved, with an 
                explanation of why they were not achieved.
            (B) A description of the amount and nature of 
        economic assistance provided by other donors during the 
        preceding three fiscal years, set forth by development 
        sector to the extent possible.
            (C) A discussion of the commitment of the host 
        government to addressing the country's needs in each 
        development sector, including a description of the 
        resources devoted by that government to each 
        development sector during the preceding three fiscal 
        years.
            (D) A description of the trends, both favorable and 
        unfavorable, in each development sector.
            (E) Statistical and other information necessary to 
        evaluate the impact and effectiveness of United States 
        economic assistance on development in the country.
            (F) A comparison of the analysis provided in the 
        report with relevant analyses by international 
        financial institutions, other international 
        organizations, other donor countries, or 
        nongovernmental organizations.
    (2) The report required by this section shall identify--
            (A) each country in which United States economic 
        assistance has been most successful, as indicated by 
        the extent to which the specific objectives the United 
        States sought to achieve in providing the assistance 
        for the country, as referred to in paragraph (1)(A)(i), 
        were achieved; and
            (B) each country in which United States economic 
        assistance has been least successful, as indicated by 
        the extent to which the specific objectives the United 
        States sought to achieve in providing the assistance 
        for the country, as referred to in paragraph (1)(A)(i), 
        were not achieved; and, for each such country, an 
        explanation of why the assistance was not more 
        successful and a specification of what the United 
        States has done as a result.
    (3) Information under paragraphs (1) and (2) for a fiscal 
year shall not be required with respect to a country for which 
United States economic assistance for the country for the 
fiscal year is less than $5,000,000.
    (4) In this subsection, the term ``United States economic 
assistance'' means any bilateral economic assistance, from any 
budget functional category, that is provided by any department 
or agency of the United States to a foreign country, including 
such assistance that is intended--
            (A) to assist the development and economic 
        advancement of friendly foreign countries and peoples;
            (B) to promote the freedom, aspirations, or 
        sustenance of friendly peoples under oppressive rule by 
        unfriendly governments;
            (C) to promote international trade and foreign 
        direct investment as a means of aiding economic growth;
            (D) to save lives and alleviate suffering of 
        foreign peoples during or following wars, natural 
        disasters, or complex crisies;
            (E) to assist in recovery and rehabilitation of 
        countries or peoples following disaster or war;
            (F) to protect refugees and promote durable 
        solutions to aid refugees;
            (G) to promote sound environmental practices;
            (H) to assist in development of democratic 
        institutions and good governance by the people of 
        foreign countries;
            (I) to promote peace and reconciliation or 
        prevention of conflict;
            (J) to improve the technical capacities of 
        governments to reduce production of and demand for 
        illicit narcotics; and
            (K) to otherwise promote through bilateral foreign 
        economic assistance the national objectives of the 
        United States.
    Sec. 638. (a) There is hereby rescinded an amount equal to 
0.465 percent of the budget authority provided for fiscal year 
2004 for any discretionary account in this Act.
    (b) Any rescission made by subsection (a) shall be applied 
proportionately--
            (1) to each discretionary account and each item of 
        budget authority described in subsection (a); and
            (2) within each such account and item, to each 
        program, project, and activity (with programs, 
        projects, and activities as delineated in the 
        appropriation Act or accompanying reports for the 
        relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation 
        Acts, as delineated in the most recently submitted 
        President's budget).

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          WORKING CAPITAL FUND

                              (RESCISSION)

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

                         COUNTERTERRORISM FUND

                              (RESCISSION)

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

                            Legal Activities

                         ASSET FORFEITURE FUND

                              (RESCISSION)

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

                         Federal Prison System

                        BUILDINGS AND FACILITIES

                              (RESCISSION)

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

                       Office of Justice Programs

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

                              (RESCISSION)

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

                  COMMUNITY ORIENTED POLICING SERVICES

                              (RESCISSION)

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

                       JUVENILE JUSTICE PROGRAMS

                              (RESCISSION)

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

              DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     OPERATIONS AND ADMINISTRATION

                              (RESCISSION)

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

            National Oceanic and Atmospheric Administration

                      COASTAL AND OCEAN ACTIVITIES

                              (RESCISSION)

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

                     TITLE VIII--ALASKAN FISHERIES

    Sec. 801. Bering Sea and Aleutian Islands Crab 
Rationalization. Section 313 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), as 
amended, is further amended by adding at the end thereof the 
following:
    ``(j) Bering Sea and Aleutian Islands Crab 
Rationalization.--
            ``(1) By not later than January 1, 2005, the 
        Secretary shall approve and hereafter implement by 
        regulation the Voluntary Three-Pie Cooperative Program 
        for crab fisheries of the Bering Sea and Aleutian 
        Islands approved by the North Pacific Fishery 
        Management Council between June 2002 and April 2003, 
        and all trailing amendments including those reported to 
        Congress on May 6, 2003. This section shall not 
        preclude the Secretary from approving by January 1, 
        2005, and implementing any subsequent program 
        amendments approved by the Council.
            ``(2) Notwithstanding any other provision of this 
        Act, in carrying out paragraph (1) the Secretary shall 
        approve all parts of the Program referred to in such 
        paragraph. Further, no part of such Program may be 
        implemented if, as approved by the North Pacific 
        Fishery Management Council, individual fishing quotas, 
        processing quotas, community development quota 
        allocation, voluntary cooperatives, binding 
        arbitration, regional landing and processing 
        requirements, community protections, economic data 
        collection, or the loan program for crab fishing vessel 
        captains and crew members, is invalidated subject to a 
        judicial determination not subject to judicial appeal. 
        If the Secretary determines that a processor has 
        leveraged its Individual Processor Quota shares to 
        acquire a harvesters open-delivery ``B shares'', the 
        processor's Individual Processor Quota shares shall be 
        forfeited.
            ``(3) Subsequent to implementation pursuant to 
        paragraph (1), the Council may submit and the Secretary 
        may implement changes to or repeal of conservation and 
        management measures, including measures authorized in 
        this section, for crab fisheries of the Bering Sea and 
        Aleutian Islands in accordance with applicable law, 
        including this Act as amended by this subsection, to 
        achieve on a continuing basis the purposes identified 
        by the Council.
            ``(4) The loan program referred to in paragraph (2) 
        shall be carried out pursuant to the authority of 
        sections 1111 and 1112 of title XI of the Merchant 
        Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g).
            ``(5) For purposes of implementing this section 
        $1,000,000 shall be made available each year until 
        fully implemented from funds otherwise made available 
        to the National Marine Fisheries Service for Alaska 
        fisheries activities.
            ``(6) Nothing in this Act shall constitute a 
        waiver, either express or implied, of the antitrust 
        laws of the United States. The Secretary, in 
        consultation with the Department of Justice and the 
        Federal Trade Commission, shall develop and implement a 
        mandatory information collection and review process to 
        provide any and all information necessary for the 
        Department of Justice and the Federal Trade Commission 
        to determine whether any illegal acts of anti-
        competition, anti-trust, or price collusion have 
        occurred among persons receiving individual processing 
        quotas under the Program. The Secretary may revoke any 
        individual processing quota held by any person found to 
        have violated a provision of the antitrust laws of the 
        United States.
            ``(7) An individual processing quota issued under 
        the Program shall be considered a permit for the 
        purposes of sections 307, 308, and 309, and may be 
        revoked or limited at any time in accordance with this 
        Act. Issuance of an individual processing quota under 
        the program shall not confer any right of compensation 
        to the holder of such individual processing quota if it 
        is revoked or limited and shall not create, or be 
        construed to create, any right, title, or interest in 
        or to any fish before the fish is purchased from an 
        individual fishing quota holder.
            ``(8) The restriction on the collection of economic 
        data in section 303 shall not apply with respect to any 
        fish processor who is eligible for, or who has 
        received, individual processing quota under the 
        Program. The restriction on the disclosure of 
        information in section 402(b)(1) shall not apply when 
        the information is used to determine eligibility for or 
        compliance with an individual processing quota program.
            ``(9) The provisions of sections 308, 310, and 311 
        shall apply to the processing facilities and fish 
        products of any person holding individual processing 
        quota, and the provisions of subparagraphs (D), (E), 
        and (L) of section 307(l) shall apply to any facility 
        owned or controlled by a person holding individual 
        processing quota.''.
    Sec. 802. Gulf of Alaska Rockfish Demonstration Program. 
The Secretary of Commerce, in consultation with the North 
Pacific Fishery Management Council, shall establish a pilot 
program that recognizes the historic participation of fishing 
vessels (1996 to 2002, best 5 of 7 years) and historic 
participation of fish processors (1996 to 2000, best 4 of 5 
years) for Pacific ocean perch, northern rockfish, and pelagic 
shelf rockfish harvested in Central Gulf of Alaska. Such a 
pilot program shall (1) provide for a set-aside of up to 5 
percent for the total allowable catch of such fisheries for 
catcher vessels not eligible to participate in the pilot 
program, which shall be delivered to shore-based fish 
processors not eligible to participate in the pilot program; 
(2) establish catch limits for non-rockfish species and non-
target rockfish species currently harvested with pacific ocean 
perch, northern rockfish, and pelagic shelf rockfish, which 
shall be based on historical harvesting of such bycatch 
species. The pilot program will sunset when a Gulf of Alaska 
Groundfish comprehensive rationalization plan is authorized by 
the Council and implemented by the Secretary, or 2 years from 
date of implementation, whichever is earlier.
    Sec. 803. Aleutian Islands Fisheries Development. (a) 
Aleutian Islands Pollock Allocation.--Effective January 1, 2004 
and thereafter, the directed pollock fishery in the Aleutian 
Islands Subarea [AI] of the BSAI (as defined in 50 CFR 679.2) 
shall be allocated to the Aleut Corporation (incorporated 
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 
1601 et seq.)). Except with the permission of the Aleut 
Corporation or its authorized agent, the fishing or processing 
of any part of such allocation shall be prohibited by section 
307 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1857), subject to the penalties and sanctions 
under section 308 of such Act (16 U.S.C. 1858), and subject to 
the forfeiture of any fish harvested or processed.
    (b) Eligible Vessels.--Only vessels that are 60 feet or 
less in length overall and have a valid fishery endorsement, or 
vessels that are eligible to harvest pollock under section 208 
of Title II of Division C of Public Law 105-277, shall be 
eligible to form partnerships with the Aleut Corporation (or 
its authorized agents) to harvest the allocation under 
subsection (a). During the years 2004 through 2008, up to 25 
percent of such allocation may be harvested by vessels 60 feet 
or less in length overall. During the years 2009 through 2013, 
up to 50 percent of such allocation may be harvested by vessels 
60 feet or less in length overall. After the year 2012, 50 
percent of such allocation shall be harvested by vessels 60 
feet or less in length overall, and 50 percent shall be 
harvested by vessels eligible under such section of Public Law 
105-277.
    (c) Groundfish Optimum Yield Limitation.--The optimum yield 
for groundfish in the Bering Sea and Aleutian Islands 
Management Area shall not exceed 2 million metric tons. For the 
purposes of implementing subsections (a) and (b) without 
adversely affecting current fishery participants, the 
allocation under subsection (a) may be in addition to such 
optimum yield during the years 2004 through 2008 upon 
recommendation by the North Pacific Council and approval by the 
Secretary of Commerce (if consistent with the requirements of 
the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.)).
    (d) Management and Allocation.--For the purposes of this 
section, the North Pacific Fishery Management Council shall 
recommend and the Secretary shall approve an allocation under 
subsection (a) to the Aleut Corporation for the purposes of 
economic development in Adak, Alaska pursuant to the 
requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.).
    Sec. 804. A Council or the Secretary may not consider or 
establish any program to allocate or issue an individual 
processing quota or processor share in any fishery of the 
United States other than the crab fisheries of the Bering Sea 
and Aleutian Islands.
    This division may be cited as the ``Departments of 
Commerce, Justice, and State, the Judiciary, and Related 
Agencies Appropriations Act, 2004''.

       DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2004

                                 AN ACT

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

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

                         TITLE I--FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

    For a Federal payment to the District of Columbia, to be 
deposited into a dedicated account, for a nationwide program to 
be administered by the Mayor, for District of Columbia resident 
tuition support, $17,000,000, to remain available until 
expended: Provided, That such funds, including any interest 
accrued thereon, may be used on behalf of eligible District of 
Columbia residents to pay an amount based upon the difference 
between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each 
year at eligible private institutions of higher education: 
Provided further, That the awarding of such funds may be 
prioritized on the basis of a resident's academic merit, the 
income and need of eligible students and such other factors as 
may be authorized: Provided further, That the District of 
Columbia government shall maintain a dedicated account for the 
Resident Tuition Support Program that shall consist of the 
Federal funds appropriated to the Program in this Act and any 
subsequent appropriations, any unobligated balances from prior 
fiscal years, and any interest earned in this or any fiscal 
year: Provided further, That the account shall be under the 
control of the District of Columbia Chief Financial Officer who 
shall use those funds solely for the purposes of carrying out 
the Resident Tuition Support Program: Provided further, That 
the Office of the Chief Financial Officer shall provide a 
quarterly financial report to the Committees on Appropriations 
of the House of Representatives and Senate for these funds 
showing, by object class, the expenditures made and the purpose 
therefor: Provided further, That not more than 7 percent of the 
total amount appropriated for this program may be used for 
administrative expenses.

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

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

           Federal Payment to the District of Columbia Courts

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

            Defender Services in District of Columbia Courts

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

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

                     (INCLUDING TRANSFER OF FUNDS)

    For salaries and expenses, including the transfer and hire 
of motor vehicles, of the Court Services and Offender 
Supervision Agency for the District of Columbia and the Public 
Defender Service for the District of Columbia, as authorized by 
the National Capital Revitalization and Self-Government 
Improvement Act of 1997, $168,435,000, of which not to exceed 
$2,000 is for official reception and representation expenses 
related to Community Supervision and Pretrial Services Agency 
programs; of which not to exceed $25,000 is for dues and 
assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision 
Act of 2002; of which $105,814,000 shall be for necessary 
expenses of Community Supervision and Sex Offender 
Registration, to include expenses relating to the supervision 
of adults subject to protection orders or the provision of 
services for or related to such persons; of which $37,411,000 
shall be available to the Pretrial Services Agency; and of 
which $25,210,000 shall be transferred to the Public Defender 
Service for the District of Columbia: Provided, That 
notwithstanding any other provision of law, all amounts under 
this heading shall be apportioned quarterly by the Office of 
Management and Budget and obligated and expended in the same 
manner as funds appropriated for salaries and expenses of other 
Federal agencies: Provided further, That notwithstanding 
chapter 12 of title 40, United States Code, the Director may 
acquire by purchase, lease, condemnation, or donation, and 
renovate as necessary, Building Number 17, 1900 Massachusetts 
Avenue, Southeast, Washington, District of Columbia to house or 
supervise offenders and defendants, with funds made available 
for this purpose in Public Law 107-96: Provided further, That 
the Director is authorized to accept and use gifts in the form 
of in-kind contributions of space and hospitality to support 
offender and defendant programs, and equipment and vocational 
training services to educate and train offenders and 
defendants: Provided further, That the Director shall keep 
accurate and detailed records of the acceptance and use of any 
gift or donation under the previous proviso, and shall make 
such records available for audit and public inspection.

 Federal Payment to the District of Columbia Water and Sewer Authority

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

Federal Payment for Hospital Bioterrorism Preparedness in the District 
                              of Columbia

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

        Federal Payment for the Anacostia Waterfront Initiative

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

      Federal Payment to the Criminal Justice Coordinating Council

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

  Federal Payment for Capital Development in the District of Columbia

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

              Federal Payment for Public School Facilities

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

             Federal Payment for a Family Literacy Program

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

             Federal Payment for Transportation Assistance

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

    Federal Payment for Foster Care Improvements in the District of 
                                Columbia

    For a Federal payment to the District of Columbia for 
foster care improvements, $14,000,000: Provided, That 
$9,000,000 shall be for the Child and Family Services Agency, 
of which $2,000,000 shall be to establish an early intervention 
program to provide intensive and immediate services for foster 
children; of which $1,000,000 shall be to establish an 
emergency support fund to purchase items necessary to allow 
children to remain in the care of an approved and licensed 
family member; of which $3,000,000 shall be for a loan 
repayment program for social workers who meet certain agency-
established requirements; of which $3,000,000 shall be to 
upgrade the agency's computer database to a web-based 
technology and to provide computer technology for social 
workers: Provided further, That $3,900,000 shall be for the 
Department of Mental Health to provide all court-ordered or 
agency-required mental health screenings, assessments and 
treatments for children under the supervision of the Child and 
Family Services Agency: Provided further, That the Director of 
the Department of Mental Health shall initiate court-ordered or 
agency-required mental health services within 3 days of 
notification that service is needed: Provided further, That the 
Director of the Department of Mental Health shall ensure that 
court-ordered or agency-required mental health assessments are 
completed within 15 days of the request and that all 
assessments be provided to the Court within 5 days of 
completion of the assessment: Provided further, That $1,100,000 
shall be for the Washington Metropolitan Council of 
Governments, to develop a program in conjunction with the 
Foster and Adoptive Parents Advocacy Center, to provide respite 
care for and recruitment of foster parents: Provided further, 
That the Mayor shall submit a detailed expenditure plan for the 
use of funds provided under this heading within 15 days of 
enactment of this legislation to the Committees on 
Appropriations of the House of Representatives and Senate: 
Provided further, That the funds provided under this heading 
shall not be made available until 30 calendar days after the 
submission of a spending plan to the Committees on 
Appropriations of the House of Representatives and Senate: 
Provided further, That with the exception of funds provided for 
the Department of Mental Health and the Washington Metropolitan 
Council of Governments, no part of this appropriation may be 
used for contractual community-based services: Provided 
further, That the Comptroller General shall prepare and submit 
to the Committees on Appropriations of the House of 
Representatives and Senate an accounting of all obligations and 
expenditures of the funds provided under this heading: Provided 
further, That the Comptroller General shall initiate management 
reviews of the Child and Family Services Agency and the 
Department of Mental Health and shall submit a report to the 
Committees on Appropriations of the House of Representatives 
and Senate no later than 6 months after enactment of this Act.

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

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

         Federal Payment for Emergency Personnel Cross Training

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

                 Federal Payment for School Improvement

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

                  TITLE II--DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

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

                   Governmental Direction and Support

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

                  Economic Development and Regulation

    Economic development and regulation, $276,647,000 
(including $53,336,000 from local funds, $91,077,000 from 
Federal grant funds, $132,109,000 from other funds, and 
$125,000 from private funds), of which $15,000,000 collected by 
the District of Columbia in the form of BID tax revenue shall 
be paid to the respective BIDs pursuant to the Business 
Improvement Districts Act of 1996 (D.C. Law 11-134; D.C. 
Official Code, sec. 2-1215.01 et seq.), and the Business 
Improvement Districts Amendment Act of 1997 (D.C. Law 12-26; 
D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That 
such funds are available for acquiring services provided by the 
General Services Administration: Provided further, That 
Business Improvement Districts shall be exempt from taxes 
levied by the District of Columbia.

                       Public Safety and Justice

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

                        Public Education System

                     (INCLUDING TRANSFERS OF FUNDS)

    Public education system, including the development of 
national defense education programs, $1,157,841,000 (including 
$962,941,000 from local funds, $156,708,000 from Federal grant 
funds, $27,074,000 from other funds, $4,302,000 from private 
funds, and not to exceed $6,816,000, to remain available until 
expended, from the Medicaid and Special Education Reform Fund 
established pursuant to the Medicaid and Special Education 
Reform Fund Establishment Act of 2002 (D.C. Law 14-190; D.C. 
Official Code 4-204.51 et seq.)), in addition, $17,000,000 from 
funds previously appropriated in this Act under the heading 
``Federal Payment for Resident Tuition Support'', $4,500,000 
from funds previously appropriated in this Act under the 
heading ``Federal Payment for Public School Facilities'', and 
$26,000,000 from funds previously appropriated in this Act 
under the heading ``Federal Payment for School Improvement in 
the District of Columbia'' to be allocated as follows:
            (1) District of columbia public schools.--
        $870,135,000 (including $738,444,000 from local funds, 
        $114,749,000 from Federal grant funds, $6,527,000 from 
        other funds, $3,599,000 from private funds, and not to 
        exceed $6,816,000, to remain available until expended, 
        from the Medicaid and Special Education Reform Fund 
        established pursuant to the Medicaid and Special 
        Education Reform Fund Establishment Act of 2002 (D.C. 
        Law 14-190; D.C. Official Code 4-204.51 et seq.)), in 
        addition, $4,500,000 from funds previously appropriated 
        in this Act under the heading ``Federal Payment for 
        Public School Facilities'' and $13,000,000 from funds 
        previously appropriated in this Act under the heading 
        ``Federal Payment for School Improvement in the 
        District of Columbia'' shall be available for District 
        of Columbia Public Schools: Provided, That 
        notwithstanding any other provision of law, rule, or 
        regulation, the evaluation process and instruments for 
        evaluating District of Columbia Public School employees 
        shall be a non-negotiable item for collective 
        bargaining purposes: Provided further, That this 
        appropriation shall not be available to subsidize the 
        education of any nonresident of the District of 
        Columbia at any District of Columbia public elementary 
        or secondary school during fiscal year 2004 unless the 
        nonresident pays tuition to the District of Columbia at 
        a rate that covers 100 percent of the costs incurred by 
        the District of Columbia that are attributable to the 
        education of the nonresident (as established by the 
        Superintendent of the District of Columbia Public 
        Schools): Provided further, That notwithstanding the 
        amounts otherwise provided under this heading or any 
        other provision of law, there shall be appropriated to 
        the District of Columbia Public Schools on July 1, 
        2004, an amount equal to 10 percent of the total amount 
        provided for the District of Columbia Public Schools in 
        the proposed budget of the District of Columbia for 
        fiscal year 2005 (as submitted to Congress), and the 
        amount of such payment shall be chargeable against the 
        final amount provided for the District of Columbia 
        Public Schools under the District of Columbia 
        Appropriations Act, 2005: Provided further, That not to 
        exceed $2,500 for the Superintendent of Schools shall 
        be available from this appropriation for official 
        reception and representation expenses: Provided 
        further, That the District of Columbia Public Schools 
        shall submit to the Board of Education by January 1 and 
        July 1 of each year a Schedule A showing all the 
        current funded positions of the District of Columbia 
        Public Schools, their compensation levels, and 
        indicating whether the positions are encumbered: 
        Provided further, That the Board of Education shall 
        approve or disapprove each Schedule A within 30 days of 
        its submission and provide the Council of the District 
        of Columbia a copy of the Schedule A upon its approval.
            (2) State education office.--$38,752,000 (including 
        $9,959,000 from local funds, $28,617,000 from Federal 
        grant funds, and $176,000 from other funds), in 
        addition, $17,000,000 from funds previously 
        appropriated in this Act under the heading ``Federal 
        Payment for Resident Tuition Support'' and $13,000,000 
        from funds previously appropriated in this Act under 
        the heading ``Federal Payment for School Improvement in 
        the District of Columbia'' shall be available for the 
        State Education Office: Provided, That of the amounts 
        provided to the State Education Office, $500,000 from 
        local funds shall remain available until June 30, 2005 
        for an audit of the student enrollment of each District 
        of Columbia Public School and of each District of 
        Columbia public charter school.
            (3) District of columbia public charter schools.--
        $137,531,000 from local funds shall be available for 
        District of Columbia public charter schools: Provided, 
        That there shall be quarterly disbursement of funds to 
        the District of Columbia public charter schools, with 
        the first payment to occur within 15 days of the 
        beginning of the fiscal year: Provided further, That if 
        the entirety of this allocation has not been provided 
        as payments to any public charter schools currently in 
        operation through the per pupil funding formula, the 
        funds shall be available as follows: (A) the first 
        $3,000,000 shall be deposited in the Credit Enhancement 
        Revolving Fund established pursuant to section 603(e) 
        of the Student Loan Marketing Association 
        Reorganization Act of 1996 (Public Law 104-208; 110 
        Stat. 3009; 20 U.S.C. 1155(e)); and (B) the balance 
        shall be for public education in accordance with 
        section 2403(b)(2) of the District of Columbia School 
        Reform Act of 1995 (D.C. Official Code, sec. 38-
        1804.03(b)(2)): Provided further, That of the amounts 
        made available to District of Columbia public charter 
        schools, $25,000 shall be made available to the Office 
        of the Chief Financial Officer as authorized by section 
        2403(b)(6) of the District of Columbia School Reform 
        Act of 1995 (D.C. Official Code, sec. 38-
        1804.03(b)(6)): Provided further, That $660,000 of this 
        amount shall be available to the District of Columbia 
        Public Charter School Board for administrative costs: 
        Provided further, That notwithstanding the amounts 
        otherwise provided under this heading or any other 
        provision of law, there shall be appropriated to the 
        District of Columbia public charter schools on July 1, 
        2004, an amount equal to 25 percent of the total amount 
        provided for payments to public charter schools in the 
        proposed budget of the District of Columbia for fiscal 
        year 2005 (as submitted to Congress), and the amount of 
        such payment shall be chargeable against the final 
        amount provided for such payments under the District of 
        Columbia Appropriations Act, 2005.
            (4) University of the district of columbia.--
        $80,660,000 (including $48,656,000 from local funds, 
        $11,867,000 from Federal grant funds, $19,434,000 from 
        other funds, and $703,000 from private funds) shall be 
        available for the University of the District of 
        Columbia: Provided, That this appropriation shall not 
        be available to subsidize the education of nonresidents 
        of the District of Columbia at the University of the 
        District of Columbia, unless the Board of Trustees of 
        the University of the District of Columbia adopts, for 
        the fiscal year ending September 30, 2004, a tuition 
        rate schedule that will establish the tuition rate for 
        nonresident students at a level no lower than the 
        nonresident tuition rate charged at comparable public 
        institutions of higher education in the metropolitan 
        area: Provided further, That notwithstanding the 
        amounts otherwise provided under this heading or any 
        other provision of law, there shall be appropriated to 
        the University of the District of Columbia on July 1, 
        2004, an amount equal to 10 percent of the total amount 
        provided for the University of the District of Columbia 
        in the proposed budget of the District of Columbia for 
        fiscal year 2005 (as submitted to Congress), and the 
        amount of such payment shall be chargeable against the 
        final amount provided for the University of the 
        District of Columbia under the District of Columbia 
        Appropriations Act, 2005: Provided further, That not to 
        exceed $2,500 for the President of the University of 
        the District of Columbia shall be available from this 
        appropriation for official reception and representation 
        expenses.
            (5) District of columbia public libraries.--
        $28,287,000 (including $26,750,000 from local funds, 
        $1,000,000 from Federal grant funds, and $537,000 from 
        other funds) shall be available for the District of 
        Columbia Public Libraries: Provided, That not to exceed 
        $2,000 for the Public Librarian shall be available from 
        this appropriation for official reception and 
        representation expenses.
            (6) Commission on the arts and humanities.--
        $2,476,000 (including $1,601,000 from local funds, 
        $475,000 from Federal grant funds, and $400,000 from 
        other funds) shall be available for the Commission on 
        the Arts and Humanities.

                         Human Support Services

                     (INCLUDING TRANSFER OF FUNDS)

    Human support services, $2,360,067,000 (including 
$1,030,223,000 from local funds, $1,247,945,000 from Federal 
grant funds, $24,330,000 from other funds, $9,330,000 from 
private funds, and $48,239,000, to remain available until 
expended, from the Medicaid and Special Education Reform Fund 
established pursuant to the Medicaid and Special Education 
Reform Fund Establishment Act of 2002 (D.C. Law 14-190; D.C. 
Official Code 4-204.51 et seq.)), in addition, $7,500,000 from 
funds previously appropriated in this Act under the heading 
``Federal Payment for Hospital Bioterrorism Preparedness in the 
District of Columbia'' and $12,900,000 from funds previously 
appropriated in this Act under the heading ``Federal Payment to 
Foster Care Improvements in the District of Columbia'': 
Provided, That the funds available from the Medicaid and 
Special Education Reform Fund are allocated as follows: not 
more than $18,744,000 for Child and Family Services, not more 
than $7,795,000 for the Department of Human Services, and not 
more than $21,700,000 for the Department of Mental Health: 
Provided further, That $27,959,000 of this appropriation, to 
remain available until expended, shall be available solely for 
District of Columbia employees' disability compensation: 
Provided further, That $7,500,000 of this appropriation, to 
remain available until expended, shall be deposited in the 
Addiction Recovery Fund, established pursuant to section 5 of 
the Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C. 
Official Code, sec. 7-3004) and used exclusively for the 
purpose of the Drug Treatment Choice Program established 
pursuant to section 4 of the Choice in Drug Treatment Act of 
2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3003): 
Provided further, That no less than $2,000,000 of this 
appropriation shall be available exclusively for the purpose of 
funding the pilot substance abuse program for youth ages 14 
through 21 years established pursuant to section 4212 of the 
Pilot Substance Abuse Program for Youth Act of 2001 (D.C. Law 
14-28; D.C. Official Code, sec. 7-3101): Provided further, That 
$4,500,000 of this appropriation, to remain available until 
expended, shall be deposited in the Interim Disability 
Assistance Fund established pursuant to section 201 of the 
District of Columbia Public Assistance Act of 1982 (D.C. Law 4-
101; D.C. Official Code, sec. 4-202.01), to be used exclusively 
for the Interim Disability Assistance program and the purposes 
for that program set forth in section 407 of the District of 
Columbia Public Assistance Act of 1982 (D.C. Law 13-252; D.C. 
Official Code, sec. 4-204.07): Provided further, That not less 
than $640,531 of this appropriation shall be available 
exclusively for the purpose of funding the Burial Assistance 
Program established by section 1802 of the Burial Assistance 
Program Reestablishment Act of 1999 (D.C. Law 13-38; D.C. 
Official Code, sec. 4-1001).

                              Public Works

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

                              Cash Reserve

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

                Emergency and Contingency Reserve Funds

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

                    Repayment of Loans and Interest

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

              Payment of Interest on Short-Term Borrowing

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

                     Certificates of Participation

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

                       Settlements and Judgments

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

                            Wilson Building

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

                         Workforce Investments

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

                        Non-Departmental Agency

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

                         Pay-As-You-Go Capital

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

                    Tax Increment Financing Program

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

                         Medicaid Disallowance

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

                       ENTERPRISE AND OTHER FUNDS

                       Water and Sewer Authority

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

                          Washington Aqueduct

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

              Stormwater Permit Compliance Enterprise Fund

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

              Lottery and Charitable Games Enterprise Fund

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

                  Sports and Entertainment Commission

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

                 District of Columbia Retirement Board

    For the District of Columbia Retirement Board, established 
pursuant to section 121 of the District of Columbia Retirement 
Reform Act of 1979 (D.C. Official Code, sec. 1-711), 
$13,895,000 from the earnings of the applicable retirement 
funds to pay legal, management, investment, and other fees and 
administrative expenses of the District of Columbia Retirement 
Board: Provided, That the District of Columbia Retirement Board 
shall provide to the Congress and to the Council of the 
District of Columbia a quarterly report of the allocations of 
charges by fund and of expenditures of all funds: Provided 
further, That the District of Columbia Retirement Board shall 
provide the Mayor, for transmittal to the Council of the 
District of Columbia, an itemized accounting of the planned use 
of appropriated funds in time for each annual budget submission 
and the actual use of such funds in time for each annual 
audited financial report.

              Washington Convention Center Enterprise Fund

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

              National Capital Revitalization Corporation

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

                             Capital Outlay

                        (INCLUDING RESCISSIONS)

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

           TITLE III--DC SCHOOL CHOICE INCENTIVE ACT OF 2003

SEC. 301. SHORT TITLE.

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

SEC. 302. FINDINGS.

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

SEC. 303. PURPOSE.

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

SEC. 304. GENERAL AUTHORITY.

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

SEC. 305. APPLICATIONS.

    (a) In General.--In order to receive a grant under this 
title, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require.
    (b) Contents.--The Secretary may not approve the request of 
an eligible entity for a grant under this title unless the 
entity's application includes--
            (1) a detailed description of--
                    (A) how the entity will address the 
                priorities described in section 306;
                    (B) how the entity will ensure that if more 
                eligible students seek admission in the program 
                than the program can accommodate, eligible 
                students are selected for admission through a 
                random selection process which gives weight to 
                the priorities described in section 306;
                    (C) how the entity will ensure that if more 
                participating eligible students seek admission 
                to a participating school than the school can 
                accommodate, participating eligible students 
                are selected for admission through a random 
                selection process;
                    (D) how the entity will notify parents of 
                eligible students of the expanded choice 
                opportunities and how the entity will ensure 
                that parents receive sufficient information 
                about their options to allow the parents to 
                make informed decisions;
                    (E) the activities that the entity will 
                carry out to provide parents of eligible 
                students with expanded choice opportunities 
                through the awarding of scholarships under 
                section 307(a);
                    (F) how the entity will determine the 
                amount that will be provided to parents for the 
                tuition, fees, and transportation expenses, if 
                any;
                    (G) how the entity will seek out private 
                elementary schools and secondary schools in the 
                District of Columbia to participate in the 
                program, and will ensure that participating 
                schools will meet the applicable requirements 
                of this title and provide the information 
                needed for the entity to meet the reporting 
                requirements of this title;
                    (H) how the entity will ensure that 
                participating schools are financially 
                responsible and will use the funds received 
                under this title effectively;
                    (I) how the entity will address the renewal 
                of scholarships to participating eligible 
                students, including continued eligibility; and
                    (J) how the entity will ensure that a 
                majority of its voting board members or 
                governing organization are residents of the 
                District of Columbia; and
            (2) an assurance that the entity will comply with 
        all requests regarding any evaluation carried out under 
        section 309.

SEC. 306. PRIORITIES.

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

SEC. 307. USE OF FUNDS.

    (a) Scholarships.--
            (1) In general.--Subject to paragraphs (2) and (3), 
        a grantee shall use the grant funds to provide eligible 
        students with scholarships to pay the tuition, fees, 
        and transportation expenses, if any, to enable them to 
        attend the District of Columbia private elementary 
        school or secondary school of their choice. Each 
        grantee shall ensure that the amount of any tuition or 
        fees charged by a school participating in the grantee's 
        program under this title to an eligible student 
        participating in the program does not exceed the amount 
        of tuition or fees that the school customarily charges 
        to students who do not participate in the program.
            (2) Payments to parents.--A grantee shall make 
        scholarship payments under the program under this title 
        to the parent of the eligible student participating in 
        the program, in a manner which ensures that such 
        payments will be used for the payment of tuition, fees, 
        and transportation expenses (if any), in accordance 
        with this title.
            (3) Amount of assistance.--
                    (A) Varying amounts permitted.--Subject to 
                the other requirements of this section, a 
                grantee may award scholarships in larger 
                amounts to those eligible students with the 
                greatest need.
                    (B) Annual limit on amount.--The amount of 
                assistance provided to any eligible student by 
                a grantee under a program under this title may 
                not exceed $7,500 for any academic year.
            (4) Continuation of scholarships.--Notwithstanding 
        section 312(3)(B), an eligible entity receiving a grant 
        under this title may award a scholarship, for the 
        second or any succeeding year of an eligible student's 
        participation in a program under this title, to a 
        student who comes from a household whose income does 
        not exceed 200 percent of the poverty line.
    (b) Administrative Expenses.--A grantee may use not more 
than 3 percent of the amount provided under the grant each year 
for the administrative expenses of carrying out its program 
under this title during the year, including--
            (1) determining the eligibility of students to 
        participate;
            (2) providing information about the program and the 
        schools involved to parents of eligible students;
            (3) selecting students to receive scholarships;
            (4) determining the amount of scholarships and 
        issuing the scholarships to eligible students;
            (5) compiling and maintaining financial and 
        programmatic records; and
            (6) providing funds to assist parents in meeting 
        expenses that might otherwise preclude the 
        participation of their child in the program.

SEC. 308. NONDISCRIMINATION.

    (a) In General.--An eligible entity or a school 
participating in any program under this title shall not 
discriminate against program participants or applicants on the 
basis of race, color, national origin, religion, or sex.
    (b) Applicability and Single Sex Schools, Classes, or 
Activities.--
            (1) In general.--Notwithstanding any other 
        provision of law, the prohibition of sex discrimination 
        in subsection (a) shall not apply to a participating 
        school that is operated by, supervised by, controlled 
        by, or connected to a religious organization to the 
        extent that the application of subsection (a) is 
        inconsistent with the religious tenets or beliefs of 
        the school.
            (2) Single sex schools, classes, or activities.--
        Notwithstanding subsection (a) or any other provision 
        of law, a parent may choose and a school may offer a 
        single sex school, class, or activity.
            (3) Applicability.--For purposes of this title, the 
        provisions of section 909 of the Education Amendments 
        of 1972 (20 U.S.C. 1688) shall apply to this title as 
        if section 909 of the Education Amendments of 1972 (20 
        U.S.C. 1688) were part of this title.
    (c) Children With Disabilities.--Nothing in this title may 
be construed to alter or modify the provisions of the 
Individuals with Disabilities Education Act.
    (d) Religiously Affiliated Schools.--
            (1) In general.--Notwithstanding any other 
        provision of law, a school participating in any program 
        under this title that is operated by, supervised by, 
        controlled by, or connected to, a religious 
        organization may exercise its right in matters of 
        employment consistent with title VII of the Civil 
        Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), 
        including the exemptions in such title.
            (2) Maintenance of purpose.--Notwithstanding any 
        other provision of law, funds made available under this 
        title to eligible students that are received by a 
        participating school, as a result of their parents' 
        choice, shall not, consistent with the first amendment 
        of the United States Constitution, necessitate any 
        change in the participating school's teaching mission, 
        require any participating school to remove religious 
        art, icons, scriptures, or other symbols, or preclude 
        any participating school from retaining religious terms 
        in its name, selecting its board members on a religious 
        basis, or including religious references in its mission 
        statements and other chartering or governing documents.
    (e) Rule of Construction.--A scholarship (or any other form 
of support provided to parents of eligible students) under this 
title shall be considered assistance to the student and shall 
not be considered assistance to the school that enrolls the 
eligible student. The amount of any scholarship (or other form 
of support provided to parents of an eligible student) under 
this title shall not be treated as income of the parents for 
purposes of Federal tax laws or for determining eligibility for 
any other Federal program.

SEC. 309. EVALUATIONS.

    (a) In General.--
            (1) Duties of the secretary and the mayor.--The 
        Secretary and the Mayor of the District of Columbia 
        shall jointly select an independent entity to evaluate 
        annually the performance of students who received 
        scholarships under the 5-year program under this title, 
        and shall make the evaluations public in accordance 
        with subsection (c).
            (2) Duties of the secretary.--The Secretary, 
        through a grant, contract, or cooperative agreement, 
        shall--
                    (A) ensure that the evaluation is conducted 
                using the strongest possible research design 
                for determining the effectiveness of the 
                programs funded under this title that addresses 
                the issues described in paragraph (4); and
                    (B) disseminate information on the impact 
                of the programs in increasing the student 
                academic achievement of participating students, 
                and on the impact of the programs on students 
                and schools in the District of Columbia.
            (3) Duties of the independent entity.--The 
        independent entity shall--
                    (A) measure the academic achievement of all 
                participating eligible students;
                    (B) use the same grade appropriate 
                measurement every school year to assess 
                participating eligible students as the 
                measurement used by the District of Columbia 
                Public Schools to assess District of Columbia 
                Public School students in the first year of the 
                program; and
                    (C) work with the eligible entities to 
                ensure that the parents of each student who 
                applies for a scholarship under this title 
                (regardless of whether the student receives the 
                scholarship) and the parents of each student 
                participating in the scholarship program under 
                this title, agree that the student will 
                participate in the measurements given annually 
                by the independent entity for the period for 
                which the student applied for or received the 
                scholarship, respectively.
            (4) Issues to be evaluated.--The issues to be 
        evaluated include the following:
                    (A) A comparison of the academic 
                achievement of participating eligible students 
                in the measurements described in this section 
                to the achievement of--
                            (i) students in the same grades in 
                        the District of Columbia public 
                        schools; and
                            (ii) the eligible students in the 
                        same grades in the District of Columbia 
                        public schools who sought to 
                        participate in the scholarship program 
                        but were not selected.
                    (B) The success of the programs in 
                expanding choice options for parents.
                    (C) The reasons parents choose for their 
                children to participate in the programs.
                    (D) A comparison of the retention rates, 
                dropout rates, and (if appropriate) graduation 
                and college admission rates, of students who 
                participate in the programs funded under this 
                title with the retention rates, dropout rates, 
                and (if appropriate) graduation and college 
                admission rates of students of similar 
                backgrounds who do not participate in such 
                programs.
                    (E) The impact of the program on students, 
                and public elementary schools and secondary 
                schools, in the District of Columbia.
                    (F) A comparison of the safety of the 
                schools attended by students who participate in 
                the programs and the schools attended by 
                students who do not participate in the 
                programs.
                    (G) Such other issues as the Secretary 
                considers appropriate for inclusion in the 
                evaluation.
            (5) Prohibition.--Personally identifiable 
        information regarding the results of the measurements 
        used for the evaluations may not be disclosed, except 
        to the parents of the student to whom the information 
        relates.
    (b) Reports.--The Secretary shall submit to the Committees 
on Appropriations, Education and the Workforce, and Government 
Reform of the House of Representatives and the Committees on 
Appropriations, Health, Education, Labor, and Pensions, and 
Governmental Affairs of the Senate--
            (1) annual interim reports, not later than December 
        1 of each year for which a grant is made under this 
        title, on the progress and preliminary results of the 
        evaluation of the programs funded under this title; and
            (2) a final report, not later than 1 year after the 
        final year for which a grant is made under this title, 
        on the results of the evaluation of the programs funded 
        under this title.
    (c) Public Availability.--All reports and underlying data 
gathered pursuant to this section shall be made available to 
the public upon request, in a timely manner following 
submission of the applicable report under subsection (b), 
except that personally identifiable information shall not be 
disclosed or made available to the public.
    (d) Limit on Amount Expended.--The amount expended by the 
Secretary to carry out this section for any fiscal year may not 
exceed 3 percent of the total amount appropriated to carry out 
this title for the fiscal year.

SEC. 310. REPORTING REQUIREMENTS.

    (a) Activities Reports.--Each grantee receiving funds under 
this title during a year shall submit a report to the Secretary 
not later than July 30 of the following year regarding the 
activities carried out with the funds during the preceding 
year.
    (b) Achievement Reports.--
            (1) In general.--In addition to the reports 
        required under subsection (a), each grantee shall, not 
        later than September 1 of the year during which the 
        second academic year of the grantee's program is 
        completed and each of the next 2 years thereafter, 
        submit a report to the Secretary regarding the data 
        collected in the previous 2 academic years concerning--
                    (A) the academic achievement of students 
                participating in the program;
                    (B) the graduation and college admission 
                rates of students who participate in the 
                program, where appropriate; and
                    (C) parental satisfaction with the program.
            (2) Prohibiting disclosure of personal 
        information.--No report under this subsection may 
        contain any personally identifiable information.
    (c) Reports to Parent.--
            (1) In general.--Each grantee shall ensure that 
        each school participating in the grantee's program 
        under this title during a year reports at least once 
        during the year to the parents of each of the school's 
        students who are participating in the program on--
                    (A) the student's academic achievement, as 
                measured by a comparison with the aggregate 
                academic achievement of other participating 
                students at the student's school in the same 
                grade or level, as appropriate, and the 
                aggregate academic achievement of the student's 
                peers at the student's school in the same grade 
                or level, as appropriate; and
                    (B) the safety of the school, including the 
                incidence of school violence, student 
                suspensions, and student expulsions.
            (2) Prohibiting disclosure of personal 
        information.--No report under this subsection may 
        contain any personally identifiable information, except 
        as to the student who is the subject of the report to 
        that student's parent.
    (d) Report to Congress.--The Secretary shall submit to the 
Committees on Appropriations, Education and the Workforce, and 
Government Reform of the House of Representatives and the 
Committees on Appropriations, Health, Education, Labor, and 
Pensions, and Governmental Affairs of the Senate an annual 
report on the findings of the reports submitted under 
subsections (a) and (b).

SEC. 311. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

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

SEC. 312. DEFINITIONS.

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

SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

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

                      TITLE IV--GENERAL PROVISIONS

    Sec. 401. Whenever in this Act, an amount is specified 
within an appropriation for particular purposes or objects of 
expenditure, such amount, unless otherwise specified, shall be 
considered as the maximum amount that may be expended for said 
purpose or object rather than an amount set apart exclusively 
therefor.
    Sec. 402. Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, 
when authorized by the Mayor: Provided, That in the case of the 
Council of the District of Columbia, funds may be expended with 
the authorization of the Chairman of the Council.
    Sec. 403. There are appropriated from the applicable funds 
of the District of Columbia such sums as may be necessary for 
making refunds and for the payment of legal settlements or 
judgments that have been entered against the District of 
Columbia government: Provided, That nothing contained in this 
section shall be construed as modifying or affecting the 
provisions of section 11(c)(3) of title XII of the District of 
Columbia Income and Franchise Tax Act of 1947 (D.C. Official 
Code, sec. 47-1812.11(c)(3)).
    Sec. 404. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly to provided herein.
    Sec. 405. No funds appropriated in this Act for the 
District of Columbia government for the operation of 
educational institutions, the compensation of personnel, or for 
other educational purposes may be used to permit, encourage, 
facilitate, or further partisan political activities. Nothing 
herein is intended to prohibit the availability of school 
buildings for the use of any community or partisan political 
group during non-school hours.
    Sec. 406. None of the funds appropriated in this Act shall 
be made available to pay the salary of any employee of the 
District of Columbia government whose name, title, grade, and 
salary are not available for inspection by the Committees on 
Appropriations of the House of Representatives and Senate, the 
Committee on Government Reform of the House of Representatives, 
the Committee on Governmental Affairs of the Senate, and the 
Council of the District of Columbia, or their duly authorized 
representative.
    Sec. 407. (a) Except as provided in subsection (b), no part 
of this appropriation shall be used for publicity or propaganda 
purposes or implementation of any policy including boycott 
designed to support or defeat legislation pending before 
Congress or any State legislature.
    (b) The District of Columbia may use local funds provided 
in this Act to carry out lobbying activities on any matter 
other than--
            (1) the promotion or support of any boycott; or
            (2) statehood for the District of Columbia or 
        voting representation in Congress for the District of 
        Columbia.
    (c) Nothing in this section may be construed to prohibit 
any elected official from advocating with respect to any of the 
issues referred to in subsection (b).
    Sec. 408. (a) None of the funds provided under this Act to 
the agencies funded by this Act, both Federal and District 
government agencies, that remain available for obligation or 
expenditure in fiscal year 2004, or provided from any accounts 
in the Treasury of the United States derived by the collection 
of fees available to the agencies funded by this Act, shall be 
available for obligation or expenditures for an agency through 
a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or 
        responsibility center;
            (3) establishes or changes allocations specifically 
        denied, limited or increased under this Act;
            (4) increases funds or personnel by any means for 
        any program, project, or responsibility center for 
        which funds have been denied or restricted;
            (5) reestablishes any program or project previously 
        deferred through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds 
        in excess of $1,000,000 or 10 percent, whichever is 
        less; or
            (7) increases by 20 percent or more personnel 
        assigned to a specific program, project or 
        responsibility center,
unless the Committee on Appropriations of the House of 
Representatives and Senate are notified in writing 30 days in 
advance of the reprogramming.
    (b) None the local funds contained in this Act may be 
available for obligation or expenditure for an agency through a 
transfer of any local funds from one appropriation heading to 
another unless the Committees on Appropriations of the House of 
Representatives and Senate are notified in writing 30 days in 
advance of the transfer, except that in no event may the amount 
of any funds transferred exceed 4 percent of the local funds in 
the appropriations.
    Sec. 409. Consistent with the provisions of section 1301(a) 
of title 31, United States Code, appropriations under this Act 
shall be applied only to the objects for which the 
appropriations were made except as otherwise provided by law.
    Sec. 410. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive 
Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Official 
Code, sec. 1-601.01 et seq.), enacted pursuant to section 
422(3) of the District of Columbia Home Rule Act (D.C. Official 
Code, sec. 1-204l.22(3)), shall apply with respect to the 
compensation of District of Columbia employees: Provided, That 
for pay purposes, employees of the District of Columbia 
government shall not be subject to the provisions of title 5, 
United States Code.
    Sec. 411. No later than 30 days after the end of the first 
quarter of fiscal year 2004, the Mayor of the District of 
Columbia shall submit to the Council of the District of 
Columbia and the Committees on Appropriations of the House of 
Representatives and Senate the new fiscal year 2004 revenue 
estimates as of the end of such quarter. These estimates shall 
be used in the budget request for fiscal year 2005. The 
officially revised estimates at midyear shall be used for the 
midyear report.
    Sec. 412. No sole source contract with the District of 
Columbia government or any agency thereof may be renewed or 
extended without opening that contract to the competitive 
bidding process as set forth in section 303 of the District of 
Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C. 
Official Code, sec. 2-303.03), except that the District of 
Columbia government or any agency thereof may renew or extend 
sole source contracts for which competition is not feasible or 
practical, but only if the determination as to whether to 
invoke the competitive bidding process has been made in 
accordance with duly promulgated rules and procedures and has 
been reviewed and certified by the Chief Financial Officer of 
the District of Columbia.
    Sec. 413. (a) In the event a sequestration order is issued 
pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985 after the amounts appropriated to the District of 
Columbia for the fiscal year involved have been paid to the 
District of Columbia, the Mayor of the District of Columbia 
shall pay to the Secretary of the Treasury, within 15 days 
after receipt of a request therefor from the Secretary of the 
Treasury, such amounts as are sequestered by the order: 
Provided, That the sequestration percentage specified in the 
order shall be applied proportionately to each of the Federal 
appropriation accounts in this Act that are not specifically 
exempted from sequestration by such Act.
    (b) For purposes of the Balanced Budget and Emergency 
Deficit Control Act of 1985, the term ``program, project, and 
activity'' shall be synonymous with and refer specifically to 
each account appropriating Federal funds in this Act, and any 
sequestration order shall be applied to each of the accounts 
rather than to the aggregate total of those accounts: Provided, 
That sequestration orders shall not be applied to any account 
that is specifically exempted from sequestration by the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 414. None of the Federal funds provided in this Act 
may be used by the District of Columbia to provide for 
salaries, expenses, or other costs associated with the offices 
of United States Senator or United States Representative under 
section 4(d) of the District of Columbia Statehood 
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; 
D.C. Official Code, sec. 1-123).
    Sec. 415. None of the funds appropriated under this Act 
shall be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or 
where the pregnancy is the result of an act of rape or incest.
    Sec. 416. None of the Federal funds made available in this 
Act may be used to implement or enforce the Health Care 
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official 
Code, sec. 32-701 et seq.) or to otherwise implement or enforce 
any system of registration of unmarried, cohabiting couples, 
including but not limited to registration for the purpose of 
extending employment, health, or governmental benefits to such 
couples on the same basis that such benefits are extended to 
legally married couples.
    Sec. 417. (a) Notwithstanding any other provision of this 
Act, the Mayor, in consultation with the Chief Financial 
Officer of the District of Columbia may accept, obligate, and 
expend Federal, private, and other grants received by the 
District government that are not reflected in the amounts 
appropriated in this Act.
    (b)(1) No such Federal, private, or other grant may be 
accepted, obligated, or expended pursuant to subsection (a) 
until--
            (A) the Chief Financial Officer of the District of 
        Columbia submits to the Council a report setting forth 
        detailed information regarding such grant; and
            (B) the Council has reviewed and approved the 
        acceptance, obligation, and expenditure of such grant.
    (2) For purposes of paragraph (1)(B), the Council shall be 
deemed to have reviewed and approved the acceptance, 
obligation, and expenditure of a grant if--
            (A) no written notice of disapproval is filed with 
        the Secretary of the Council within 14 calendar days of 
        the receipt of the report from the Chief Financial 
        Officer under paragraph (1)(A); or
            (B) if such a notice of disapproval is filed within 
        such deadline, the Council does not by resolution 
        disapprove the acceptance, obligation, or expenditure 
        of the grant within 30 calendar days of the initial 
        receipt of the report from the Chief Financial Officer 
        under paragraph (1)(A).
    (c) No amount may be obligated or expended from the general 
fund or other funds of the District of Columbia government in 
anticipation of the approval or receipt of a grant under 
subsection (b)(2) or in anticipation of the approval or receipt 
of a Federal, private, or other grant not subject to such 
subsection.
    (d) The Chief Financial Officer of the District of Columbia 
shall prepare a quarterly report setting forth detailed 
information regarding all Federal, private, and other grants 
subject to this section. Each such report shall be submitted to 
the Council of the District of Columbia and to the Committees 
on Appropriations of the House of Representatives and Senate 
not later than 15 days after the end of the quarter covered by 
the report.
    Sec. 418. (a) Except as otherwise provided in this section, 
none of the funds made available by this Act or by any other 
Act may be used to provide any officer or employee of the 
District of Columbia with an official vehicle unless the 
officer or employee uses the vehicle only in the performance of 
the officer's or employee's official duties. For purposes of 
this paragraph, the term ``official duties'' does not include 
travel between the officer's or employee's residence and 
workplace, except in the case of--
            (1) an officer or employee of the Metropolitan 
        Police Department who resides in the District of 
        Columbia or is otherwise designated by the Chief of the 
        Department;
            (2) at the discretion of the Fire Chief, an officer 
        or employee of the District of Columbia Fire and 
        Emergency Medical Services Department who resides in 
        the District of Columbia and is on call 24 hours a day;
            (3) the Mayor of the District of Columbia; and
            (4) the Chairman of the Council of the District of 
        Columbia.
    (b) The Chief Financial Officer of the District of Columbia 
shall submit by March 1, 2004, an inventory, as of September 
30, 2003, of all vehicles owned, leased or operated by the 
District of Columbia government. The inventory shall include, 
but not be limited to, the department to which the vehicle is 
assigned; the year and make of the vehicle; the acquisition 
date and cost; the general condition of the vehicle; annual 
operating and maintenance costs; current mileage; and whether 
the vehicle is allowed to be taken home by a District officer 
or employee and if so, the officer or employee's title and 
resident location.
    Sec. 419. None of the funds contained in this Act may be 
used for purposes of the annual independent audit of the 
District of Columbia government for fiscal year 2004 unless--
            (1) the audit is conducted by the Inspector General 
        of the District of Columbia, in coordination with the 
        Chief Financial Officer of the District of Columbia, 
        pursuant to section 208(a)(4) of the District of 
        Columbia Procurement Practices Act of 1985 (D.C. 
        Official Code, sec. 2-302.8); and
            (2) the audit includes as a basic financial 
        statement a comparison of audited actual year-end 
        results with the revenues submitted in the budget 
        document for such year and the appropriations enacted 
        into law for such year using the format, terminology, 
        and classifications contained in the law making the 
        appropriations for the year and its legislative 
        history.
    Sec. 420. (a) None of the funds contained in this Act may 
be used by the District of Columbia Corporation Counsel or any 
other officer or entity of the District government to provide 
assistance for any petition drive or civil action which seeks 
to require Congress to provide for voting representation in 
Congress for the District of Columbia.
    (b) Nothing in this section bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in 
private lawsuits, or from consulting with officials of the 
District government regarding such lawsuits.
    Sec. 421. (a) None of the funds contained in this Act may 
be used for any program of distributing sterile needles or 
syringes for the hypodermic injection of any illegal drug.
    (b) Any individual or entity who receives any funds 
contained in this Act and who carries out any program described 
in subsection (a) shall account for all funds used for such 
program separately from any funds contained in this Act.
    Sec. 422. None of the funds contained in this Act may be 
used after the expiration of the 60-day period that begins on 
the date of the enactment of this Act to pay the salary of any 
chief financial officer of any office of the District of 
Columbia government (including any independent agency of the 
District of Columbia) who has not filed a certification with 
the Mayor and the Chief Financial Officer of the District of 
Columbia that the officer understands the duties and 
restrictions applicable to the officer and the officer's agency 
as a result of this Act (and the amendments made by this Act), 
including any duty to prepare a report requested either in the 
Act or in any of the reports accompanying the Act and the 
deadline by which each report must be submitted. The Chief 
Financial Officer of the District of Columbia shall provide to 
the Committees on Appropriations of the House of 
Representatives and Senate by the 10th day after the end of 
each quarter a summary list showing each report, the due date, 
and the date submitted to the Committees.
    Sec. 423. (a) None of the funds contained in this Act may 
be used to enact or carry out any law, rule, or regulation to 
legalize or otherwise reduce penalties associated with the 
possession, use, or distribution of any schedule I substance 
under the Controlled Substances Act (21 U.S.C. 802) or any 
tetrahydrocannabinols derivative.
    (b) The Legalization of Marijuana for Medical Treatment 
Initiative of 1998, also known as Initiative 59, approved by 
the electors of the District of Columbia on November 3, 1998, 
shall not take effect.
    Sec. 424. Nothing in this Act may be construed to prevent 
the Council or Mayor of the District of Columbia from 
addressing the issue of the provision of contraceptive coverage 
by health insurance plans, but it is the intent of Congress 
that any legislation enacted on such issue should include a 
``conscience clause'' which provides exceptions for religious 
beliefs and moral convictions.
    Sec. 425. The Mayor of the District of Columbia shall 
submit to the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Government Reform 
of the House of Representatives, and the Committee on 
Governmental Affairs of the Senate quarterly reports 
addressing--
            (1) crime, including the homicide rate, 
        implementation of community policing, the number of 
        police officers on local beats, and the closing down of 
        open-air drug markets;
            (2) access to substance and alcohol abuse 
        treatment, including the number of treatment slots, the 
        number of people served, the number of people on 
        waiting lists, and the effectiveness of treatment 
        programs;
            (3) management of parolees and pre-trial violent 
        offenders, including the number of halfway houses 
        escapes and steps taken to improve monitoring and 
        supervision of halfway house residents to reduce the 
        number of escapes to be provided in consultation with 
        the Court Services and Offender Supervision Agency for 
        the District of Columbia;
            (4) education, including access to special 
        education services and student achievement to be 
        provided in consultation with the District of Columbia 
        Public Schools and the District of Columbia public 
        charter schools;
            (5) improvement in basic District services, 
        including rat control and abatement;
            (6) application for and management of Federal 
        grants, including the number and type of grants for 
        which the District was eligible but failed to apply and 
        the number and type of grants awarded to the District 
        but for which the District failed to spend the amounts 
        received; and
            (7) indicators of child well-being.
    Sec. 426. No later than 30 calendar days after the date of 
the enactment of this Act, the Chief Financial Officer of the 
District of Columbia shall submit to the appropriate committees 
of Congress, the Mayor, and the Council of the District of 
Columbia a revised appropriated funds operating budget in the 
format of the budget that the District of Columbia government 
submitted pursuant to section 442 of the District of Columbia 
Home Rule Act (D.C. Official Code, sec. 1-204.42), for all 
agencies of the District of Columbia government for fiscal year 
2003 that is in the total amount of the approved appropriation 
and that realigns all budgeted data for personal services and 
other-than-personal-services, respectively, with anticipated 
actual expenditures.
    Sec. 427. None of the funds contained in this Act may be 
used to issue, administer, or enforce any order by the District 
of Columbia Commission on Human Rights relating to docket 
numbers 93-030-(PA) and 93-031-(PA).
    Sec. 428. None of the Federal funds made available in this 
Act may be transferred to any department, agency, or 
instrumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriation Act.
    Sec. 429. During fiscal year 2004 and any subsequent fiscal 
year, in addition to any other authority to pay claims and 
judgments, any department, agency, or instrumentality of the 
District government may use local funds to pay the settlement 
or judgment of a claim or lawsuit in an amount less than 
$10,000, in accordance with the Risk Management for Settlements 
and Judgments Amendment Act of 2000 (D.C. Law 13-172; D.C. 
Official Code, sec. 2-402).
    Sec. 430. Notwithstanding any other law, the District of 
Columbia Courts shall transfer to the general treasury of the 
District of Columbia all fines levied and collected by the 
Courts under section 10(b)(1) and (2) of the District of 
Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(1) 
and (2)). The transferred funds shall remain available until 
expended and shall be used by the Office of the Corporation 
Counsel for enforcement and prosecution of District traffic 
alcohol laws in accordance with section 10(b)(3) of the 
District of Columbia Traffic Act (D.C. Official Code, sec. 50-
2201.05(b)(3)).
    Sec. 431. During fiscal year 2004 and any subsequent fiscal 
year, any agency of the District government may transfer to the 
Office of Labor Relations and Collective Bargaining (OLRCB) 
such local funds as may be necessary to pay for representation 
by OLRCB in third-party cases, grievances, and dispute 
resolution, pursuant to an intra-District agreement with OLRCB. 
These amounts shall be available for use by OLRCB to reimburse 
the cost of providing the representation.
    Sec. 432. None of the funds contained in this Act may be 
made available to pay--
            (1) the fees of an attorney who represents a party 
        in an action or an attorney who defends an action, 
        including an administrative proceeding, brought against 
        the District of Columbia Public Schools under the 
        Individuals with Disabilities Education Act (20 U.S.C. 
        1400 et seq.) in excess of $4,000 for that action; or
            (2) the fees of an attorney or firm whom the Chief 
        Financial Officer of the District of Columbia 
        determines to have a pecuniary interest, either through 
        an attorney, officer or employee of the firm, in any 
        special education diagnostic services, schools, or 
        other special education service providers.
    Sec. 433. The Chief Financial Officer of the District of 
Columbia shall require attorneys in special education cases 
brought under the Individuals with Disabilities Act (IDEA) in 
the District of Columbia to certify in writing that the 
attorney or representative rendered any and all services for 
which they receive awards, including those received under a 
settlement agreement or as part of an administrative 
proceeding, under the IDEA from the District of Columbia: 
Provided, That as part of the certification, the Chief 
Financial Officer of the District of Columbia shall require all 
attorneys in IDEA cases to disclose any financial, corporate, 
legal, memberships on boards of directors, or other 
relationships with any special education diagnostic services, 
schools, or other special education service providers to which 
the attorneys have referred any clients as part of this 
certification: Provided further, That the Chief Financial 
Officer shall prepare and submit quarterly reports to the 
Committees on Appropriations of the House of Representatives 
and Senate on the certification of and the amount paid by the 
government of the District of Columbia, including the District 
of Columbia Public Schools, to attorneys in cases brought under 
IDEA: Provided further, That the Inspector General of the 
District of Columbia may conduct investigations to determine 
the accuracy of the certifications.
    Sec. 434. Section 603(e)(3)(C)(iv) of the Student Loan 
Marketing Association Reorganization Act of 1996 (20 U.S.C. 
1155(e)(3)(C)(iv)) is amended as follows:
            (1) by inserting ``for a fiscal year'' after ``this 
        subparagraph''; and
            (2) by inserting ``for the fiscal year'' before the 
        period.
    Sec. 435. Chapter 3 of title 16, District of Columbia Code, 
is amended by inserting at the end the following new section:

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

    ``(a) When a petition for adoption has been filed and there 
has been no termination or relinquishment of parental rights 
with respect to the proposed adoptee or consent to the proposed 
adoption by a parent or guardian whose consent is required 
under D.C. Code section 16-304, the Court may appoint an 
attorney to represent such parent or guardian in the adoption 
proceeding if the individual is financially unable to obtain 
adequate representation.
    ``(b) The Court may appoint a guardian ad litem who is an 
attorney to represent the child in an adoption proceeding. The 
guardian ad litem shall in general be charged with the 
representation of the child's best interest.
    ``(c) An attorney appointed pursuant to subsection (a) or 
(b) of this section shall be compensated in accordance with 
D.C. Code section 16-2326.01, except that compensation in the 
adoption case shall be subject to the limitation set forth in 
D.C. Code section 16-2326.01(b)(2).''
    The table of sections for chapter 3 of title 16, District 
of Columbia Code, is amended by inserting at the end the 
following new item:

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

    Sec. 436. The amount appropriated by this Act may be 
increased by no more than $15,000,000 from funds identified in 
the comprehensive annual financial report as the District's 
fiscal year 2003 unexpended general fund surplus. The District 
may obligate and expend these amounts only in accordance with 
the following conditions:
            (1) The Chief Financial Officer of the District of 
        Columbia shall certify that the use of any such amounts 
        is not anticipated to have a negative impact on the 
        District's long-term financial, fiscal, and economic 
        vitality.
            (2) The District of Columbia may only use these 
        funds for the following expenditures:
                    (A) Unanticipated one-time expenditures;
                    (B) To avoid deficit spending;
                    (C) Debt Reduction;
                    (D) Unanticipated program needs; or
                    (E) To avoid revenue shortfalls.
            (3) The amounts shall be obligated and expended in 
        accordance with laws enacted by the Council in support 
        of each such obligation or expenditure.
            (4) The amounts may not be used to fund the 
        agencies of the District of Columbia government under 
        court ordered receivership.
            (5) The amounts may be obligated and expended only 
        if approved by the Committees on Appropriations of the 
        House of Representatives and Senate in advance of any 
        obligation or expenditure.
    This division may be cited as the ``District of Columbia 
Appropriations Act, 2004''.

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

                                 AN ACT

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

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

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

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

                        ADMINISTRATIVE EXPENSES

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

                Overseas Private Investment Corporation

                           NONCREDIT ACCOUNT

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

                            PROGRAM ACCOUNT

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

                  Funds Appropriated to the President

                      TRADE AND DEVELOPMENT AGENCY

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

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

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

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                CHILD SURVIVAL AND HEALTH PROGRAMS FUND

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses to carry out the provisions of 
chapters 1 and 10 of part I of the Foreign Assistance Act of 
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds otherwise 
available for such purposes, $1,835,000,000, to remain 
available until September 30, 2005: Provided, That this amount 
shall be made available for such activities as: (1) 
immunization programs; (2) oral rehydration programs; (3) 
health, nutrition, water and sanitation programs which directly 
address the needs of mothers and children, and related 
education programs; (4) assistance for children displaced or 
orphaned by causes other than AIDS; (5) programs for the 
prevention, treatment, control of, and research on HIV/AIDS, 
tuberculosis, polio, malaria, and other infectious diseases, 
and for assistance to communities severely affected by HIV/
AIDS, including children displaced or orphaned by AIDS; and (6) 
family planning/reproductive health: Provided further, That 
none of the funds appropriated under this heading may be made 
available for nonproject assistance, except that funds may be 
made available for such assistance for ongoing health 
activities: Provided further, That of the funds appropriated 
under this heading, not to exceed $250,000, in addition to 
funds otherwise available for such purposes, may be used to 
monitor and provide oversight of child survival, maternal and 
family planning/reproductive health, and infectious disease 
programs: Provided further, That the following amounts should 
be allocated as follows: $330,000,000 for child survival and 
maternal health; $28,000,000 for vulnerable children; 
$516,500,000 for HIV/AIDS including not less than $22,000,000 
which should be made available to support the development of 
microbicides as a means for combating HIV/AIDS; $185,000,000 
for other infectious diseases; and $375,500,000 for family 
planning/reproductive health, including in areas where 
population growth threatens biodiversity or endangered species: 
Provided further, That of the funds appropriated under this 
heading, and in addition to funds allocated under the previous 
proviso, not less than $400,000,000 shall be made available, 
notwithstanding any other provision of law, except for the 
United States Leadership Against HIV/AIDS, Tuberculosis and 
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 1701 et seq.) as 
amended by section 595 of this Act, for a United States 
contribution to the Global Fund to Fight AIDS, Tuberculosis and 
Malaria (the ``Global Fund''), and shall be expended at the 
minimum rate necessary to make timely payment for projects and 
activities: Provided further, That of the funds appropriated 
under this heading that are available for HIV/AIDS programs and 
activities, not less than $26,000,000 should be made available 
for the International AIDS Vaccine Initiative and not less than 
$26,000,000 should be made available for a United States 
contribution to UNAIDS: Provided further, That of the funds 
appropriated under this heading, $60,000,000 should be made 
available for a United States contribution to The Vaccine Fund, 
and up to $6,000,000 may be transferred to and merged with 
funds appropriated by this Act under the heading ``Operating 
Expenses of the United States Agency for International 
Development'' for costs directly related to international 
health, but funds made available for such costs may not be 
derived from amounts made available for contribution under this 
and preceding provisos: Provided further, That none of the 
funds made available in this Act nor any unobligated balances 
from prior appropriations may be made available to any 
organization or program which, as determined by the President 
of the United States, supports or participates in the 
management of a program of coercive abortion or involuntary 
sterilization: Provided further, That none of the funds made 
available under this Act may be used to pay for the performance 
of abortion as a method of family planning or to motivate or 
coerce any person to practice abortions: Provided further, That 
none of the funds made available under this Act may be used to 
lobby for or against abortion: Provided further, That in order 
to reduce reliance on abortion in developing nations, funds 
shall be available only to voluntary family planning projects 
which offer, either directly or through referral to, or 
information about access to, a broad range of family planning 
methods and services, and that any such voluntary family 
planning project shall meet the following requirements: (1) 
service providers or referral agents in the project shall not 
implement or be subject to quotas, or other numerical targets, 
of total number of births, number of family planning acceptors, 
or acceptors of a particular method of family planning (this 
provision shall not be construed to include the use of 
quantitative estimates or indicators for budgeting and planning 
purposes); (2) the project shall not include payment of 
incentives, bribes, gratuities, or financial reward to: (A) an 
individual in exchange for becoming a family planning acceptor; 
or (B) program personnel for achieving a numerical target or 
quota of total number of births, number of family planning 
acceptors, or acceptors of a particular method of family 
planning; (3) the project shall not deny any right or benefit, 
including the right of access to participate in any program of 
general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family 
planning services; (4) the project shall provide family 
planning acceptors comprehensible information on the health 
benefits and risks of the method chosen, including those 
conditions that might render the use of the method inadvisable 
and those adverse side effects known to be consequent to the 
use of the method; and (5) the project shall ensure that 
experimental contraceptive drugs and devices and medical 
procedures are provided only in the context of a scientific 
study in which participants are advised of potential risks and 
benefits; and, not less than 60 days after the date on which 
the Administrator of the United States Agency for International 
Development determines that there has been a violation of the 
requirements contained in paragraph (1), (2), (3), or (5) of 
this proviso, or a pattern or practice of violations of the 
requirements contained in paragraph (4) of this proviso, the 
Administrator shall submit to the Committees on Appropriations 
a report containing a description of such violation and the 
corrective action taken by the Agency: Provided further, That 
in awarding grants for natural family planning under section 
104 of the Foreign Assistance Act of 1961 no applicant shall be 
discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; 
and, additionally, all such applicants shall comply with the 
requirements of the previous proviso: Provided further, That 
for purposes of this or any other Act authorizing or 
appropriating funds for foreign operations, export financing, 
and related programs, the term ``motivate'', as it relates to 
family planning assistance, shall not be construed to prohibit 
the provision, consistent with local law, of information or 
counseling about all pregnancy options: Provided further, That 
nothing in this paragraph shall be construed to alter any 
existing statutory prohibitions against abortion under section 
104 of the Foreign Assistance Act of 1961: Provided further, 
That to the maximum extent feasible, taking into consideration 
cost, timely availability, and best health practices, funds 
appropriated in this Act or prior appropriations Acts that are 
made available for condom procurement shall be made available 
only for the procurement of condoms manufactured in the United 
States: Provided further, That information provided about the 
use of condoms as part of projects or activities that are 
funded from amounts appropriated by this Act shall be medically 
accurate and shall include the public health benefits and 
failure rates of such use.

                         DEVELOPMENT ASSISTANCE

    For necessary expenses of the United States Agency for 
International Development to carry out the provisions of 
sections 103, 105, 106, and 131, and chapter 10 of part I of 
the Foreign Assistance Act of 1961, $1,385,000,000, of which up 
to $150,000,000 may remain available until September 30, 2005: 
Provided, That none of the funds appropriated under title II of 
this Act that are managed by or allocated to the United States 
Agency for International Development's Global Development 
Secretariat, may be made available except through the regular 
notification procedures of the Committees on Appropriations: 
Provided further, That $190,000,000 should be allocated for 
trade capacity building: Provided further, That $235,000,000 
should be allocated for basic education: Provided further, That 
of the funds appropriated under this heading and managed by the 
United States Agency for International Development Bureau of 
Democracy, Conflict, and Humanitarian Assistance, not less than 
$11,000,000 shall be made available only for programs to 
improve women's leadership capacity in recipient countries: 
Provided further, That such funds may not be made available for 
construction: Provided further, That of the funds appropriated 
under this heading that are made available for assistance 
programs for displaced and orphaned children and victims of 
war, not to exceed $32,500, in addition to funds otherwise 
available for such purposes, may be used to monitor and provide 
oversight of such programs: Provided further, That of the 
aggregate amount of the funds appropriated by this Act that are 
made available for agriculture and rural development programs, 
$25,000,000 should be made available for plant biotechnology 
research and development: Provided further, That not less than 
$2,300,000 should be made available for core support for the 
International Fertilizer Development Center: Provided further, 
That of the funds appropriated under this heading, not less 
than $19,000,000 should be made available for the American 
Schools and Hospitals Abroad program: Provided further, That of 
the funds appropriated under this heading, not less than 
$10,000,000, in addition to other funds available under this 
heading for assistance for Mexico, should be made available for 
programs and activities in rural Mexico to promote 
microfinance, small business development, energy and 
environmental conservation, and private property ownership in 
rural communities, and to support small farmers who have been 
affected by adverse economic conditions: Provided further, That 
funds made available pursuant to the previous proviso shall be 
subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the 
funds appropriated by this Act, $100,000,000 shall be made 
available for drinking water supply projects and related 
activities.

              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

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

                         TRANSITION INITIATIVES

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

                      DEVELOPMENT CREDIT AUTHORITY

                     (INCLUDING TRANSFER OF FUNDS)

    For the cost of direct loans and loan guarantees provided 
by the United States Agency for International Development, as 
authorized by sections 108 and 635 of the Foreign Assistance 
Act of 1961, funds may be derived by transfer from funds 
appropriated by this Act to carry out part I of such Act and 
under the heading ``Assistance for Eastern Europe and the 
Baltic States'': Provided, That such funds shall not exceed 
$21,000,000, which shall be made available only for micro and 
small enterprise programs, urban programs, and other programs 
which further the purposes of part I of the Act: Provided 
further, That such costs, including the cost of modifying such 
direct and guaranteed loans, shall be as defined in section 502 
of the Congressional Budget Act of 1974, as amended: Provided 
further,  That funds made available by this paragraph may be 
used for the cost of modifying any such guaranteed loans under 
this Act or prior Acts, and funds used for such costs shall be 
subject to the regular notification procedures of the 
Committees on Appropriations.
    In addition, for administrative expenses to carry out 
credit programs administered by the United States Agency for 
International Development, $8,000,000, which may be transferred 
to and merged with the appropriation for Operating Expenses of 
the United States Agency for International Development: 
Provided, That funds made available under this heading shall 
remain available until September 30, 2007.

     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

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

   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses to carry out the provisions of 
section 667 of the Foreign Assistance Act of 1961, 
$604,100,000, of which up to $25,000,000 may remain available 
until September 30, 2005: Provided, That none of the funds 
appropriated under this heading and under the heading ``Capital 
Investment Fund'' may be made available to finance the 
construction (including architect and engineering services), 
purchase, or long term lease of offices for use by the United 
States Agency for International Development, unless the 
Administrator has identified such proposed construction 
(including architect and engineering services), purchase, or 
long term lease of offices in a report submitted to the 
Committees on Appropriations at least 15 days prior to the 
obligation of these funds for such purposes: Provided further, 
That the previous proviso shall not apply where the total cost 
of construction (including architect and engineering services), 
purchase, or long term lease of offices does not exceed 
$1,000,000: Provided further, That contracts or agreements 
entered into with funds appropriated under this heading may 
entail commitments for the expenditure of such funds through 
fiscal year 2005: Provided further, That in addition not to 
exceed $15,000,000 shall be derived by transfer from the ``Iraq 
Relief and Reconstruction Fund'' (Public Law 108-11) to support 
the United States Agency for International Development mission 
in Iraq: Provided further, That none of the funds in this Act 
may be used to open a new overseas mission of the United States 
Agency for International Development without the prior written 
notification of the Committees on Appropriations: Provided 
further, That the authority of sections 610 and 109 of the 
Foreign Assistance Act of 1961 may be exercised by the 
Secretary of State to transfer funds appropriated to carry out 
chapter 1 of part I of such Act to ``Operating Expenses of the 
United States Agency for International Development'' in 
accordance with the provisions of those sections: Provided 
further, That during fiscal year 2004, the number of full-time 
equivalent positions for United States foreign service 
employees of the United States Agency for International 
Development for countries in the Latin America and Caribbean 
region shall not be reduced below the number for such employees 
for countries in that region as of September 30, 2003, except 
as provided through the regular notification procedures of the 
Committees on Appropriations.

                        CAPITAL INVESTMENT FUND

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

   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                DEVELOPMENT OFFICE OF INSPECTOR GENERAL

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

                  Other Bilateral Economic Assistance

                         ECONOMIC SUPPORT FUND

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses to carry out the provisions of 
chapter 4 of part II, $2,132,500,000, to remain available until 
September 30, 2005: Provided, That of the funds appropriated 
under this heading, not less than $480,000,000 shall be 
available only for Israel, which sum shall be available on a 
grant basis as a cash transfer and shall be disbursed within 30 
days of the enactment of this Act: Provided further, That not 
less than $575,000,000 shall be available only for Egypt, which 
sum shall be provided on a grant basis, and of which sum cash 
transfer assistance shall be provided with the understanding 
that Egypt will undertake significant economic reforms which 
are additional to those which were undertaken in previous 
fiscal years, and of which not less than $200,000,000 shall be 
provided as Commodity Import Program assistance: Provided 
further, That in exercising the authority to provide cash 
transfer assistance for Israel, the President shall ensure that 
the level of such assistance does not cause an adverse impact 
on the total level of nonmilitary exports from the United 
States to such country and that Israel enters into a side 
letter agreement in an amount proportional to the fiscal year 
1999 agreement: Provided further, That of the funds 
appropriated under this heading, not less than $250,000,000 
should be made available only for assistance for Jordan: 
Provided further, That of the funds appropriated under this 
heading, up to $1,000,000 should be used to further legal 
reforms in the West Bank and Gaza, including judicial training 
on commercial disputes and ethics: Provided further, That funds 
appropriated under this heading shall be made available for 
administrative costs of the United States Agency for 
International Development to implement regional programs in 
Asia and the Near East, including the Middle East Partnership 
Initiative, in addition to amounts otherwise available for such 
purposes: Provided further, That $13,500,000 of the funds 
appropriated under this heading shall be made available for 
Cyprus to be used only for scholarships, administrative support 
of the scholarship program, bicommunal projects, and measures 
aimed at reunification of the island and designed to reduce 
tensions and promote peace and cooperation between the two 
communities on Cyprus: Provided further, That $35,000,000 of 
the funds appropriated under this heading shall be made 
available for assistance for Lebanon, of which not less than 
$4,000,000 should be made available for American educational 
institutions for scholarships and other programs: Provided 
further, That notwithstanding section 534(a) of this Act, funds 
appropriated under this heading that are made available for 
assistance for the Central Government of Lebanon shall be 
subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the 
funds appropriated under this heading, not less than 
$22,500,000 shall be made available for assistance for the 
Democratic Republic of Timor-Leste, of which up to $1,000,000 
may be available for administrative expenses of the United 
States Agency for International Development: Provided further, 
That of the funds appropriated under this heading, not less 
than $1,500,000 should be made available for technical 
assistance for countries to implement and enforce the Kimberley 
Process Certification Scheme: Provided further, That funds 
appropriated under this heading should be made available to 
support the development of justice and reconciliation 
mechanisms in the Democratic Republic of the Congo, Rwanda, 
Burundi, and Uganda, including programs to improve local 
capacity to prevent and respond to gender-based violence: 
Provided further, That funds appropriated under this heading 
may be used, notwithstanding any other provision of law, to 
provide assistance to the National Democratic Alliance of Sudan 
to strengthen its ability to protect civilians from attacks, 
slave raids, and aerial bombardment by the Sudanese Government 
forces and its militia allies, and the provision of such funds 
shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That in the 
previous proviso, the term ``assistance'' includes non-lethal, 
non-food aid such as blankets, medicine, fuel, mobile clinics, 
water drilling equipment, communications equipment to notify 
civilians of aerial bombardment, non-military vehicles, tents, 
and shoes: Provided further, That of the funds appropriated 
under this heading, not less than $1,750,000 should be made 
available for East Asia and Pacific Environment Initiatives: 
Provided further, That of the funds appropriated under this 
heading, $5,000,000 shall be made available to continue to 
support the provision of wheelchairs for needy persons in 
developing countries: Provided further, That funds appropriated 
under this heading that are made available for a Middle East 
Financing Facility, Middle East Enterprise Fund, or any other 
similar entity in the Middle East shall be subject to the 
regular notification procedures of the Committees on 
Appropriations: Provided further, That with respect to funds 
appropriated under this heading in this Act or prior Acts 
making appropriations for foreign operations, export financing, 
and related programs, the responsibility for policy decisions 
and justifications for the use of such funds, including whether 
there will be a program for a country that uses those funds and 
the amount of each such program, shall be the responsibility of 
the Secretary of State and the Deputy Secretary of State and 
this responsibility shall not be delegated: Provided further, 
That of the funds appropriated in Public Law 108-106 under the 
heading ``Iraq Relief and Reconstruction Fund'', up to 
$100,000,000 may be transferred to and consolidated with funds 
appropriated by this Act under this heading and made available 
for Turkey, and up to $30,000,000 may be transferred to and 
consolidated with funds appropriated by this Act under this 
heading and made available for the Middle East Partnership 
Initiative: Provided further, That funds appropriated under 
this heading shall be made available for programs and countries 
in the amounts contained in the table accompanying the joint 
explanatory statement of the managers accompanying this Act: 
Provided further, That any proposed increases or decreases to 
the amounts contained in such table shall be subject to the 
regular notification procedures of the Committees on 
Appropriations and section 634A of the Foreign Assistance Act 
of 1961 and notifications shall be transmitted at least 15 days 
in advance of the obligation of funds.

                     INTERNATIONAL FUND FOR IRELAND

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

                       GLOBAL HIV/AIDS INITIATIVE

    For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 for the prevention, treatment, 
and control of, and research on, HIV/AIDS, $491,000,000, to 
remain available until expended: Provided, That of the funds 
appropriated under this heading, $15,000,000 may be apportioned 
directly to the Peace Corps to remain available until expended 
for necessary expenses to carry out activities to combat HIV/
AIDS, tuberculosis and malaria: Provided further, That of the 
funds appropriated under this heading, not more than $8,000,000 
may be made available for administrative expenses of the office 
of the ``Coordinator of United States Government Activities to 
Combat HIV/AIDS Globally'' of the Department of State: Provided 
further, That in carrying out the duties specified in section 
1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities 
Act of 1956, the Coordinator shall ensure that assistance is 
provided for activities in not fewer than 15 countries, at 
least one of which shall not be in Africa or the Caribbean 
region: Provided further, That of the funds appropriated under 
this heading, up to $75,000,000 should be made available for 
the safe and appropriate use of injections and other forms of 
infection control and prevention, and for blood safety 
programs.

          ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

    (a) For necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 and the Support for East 
European Democracy (SEED) Act of 1989, $445,000,000, to remain 
available until September 30, 2005, which shall be available, 
notwithstanding any other provision of law, for assistance and 
for related programs for Eastern Europe and the Baltic States: 
Provided, That of the funds appropriated under this heading 
that are made available for assistance for Bulgaria, $2,000,000 
should be made available to enhance safety at nuclear power 
plants: Provided further, That of the funds appropriated under 
this heading, and under the headings ``Assistance for the 
Independent States of the Former Soviet Union'', ``Foreign 
Military Financing Program'', and ``Economic Support Fund'', 
not less than $53,500,000 shall be made available for programs 
for the prevention, treatment, and control of, and research on, 
HIV/AIDS, tuberculosis, and malaria: Provided further, That of 
the funds appropriated under this heading that are made 
available for Montenegro, not less than $12,000,000 shall be 
made available for economic development and environmental 
programs in the coastal region: Provided further, That of the 
funds appropriated under this heading, up to $1,000,000 should 
be made available for a program to promote greater 
understanding and interaction among youth in Albania, Kosovo, 
Montenegro and Macedonia: Provided further, That funds 
appropriated under this heading shall be made available for 
programs and countries in the amounts contained in the table 
accompanying the joint explanatory statement of the managers 
accompanying this Act: Provided further, That any proposed 
increases or decreases to the amounts contained in such table 
shall be subject to the regular notification procedures of the 
Committees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961 and notifications shall be transmitted 
at least 15 days in advance of the obligation of funds.
    (b) Funds appropriated under this heading shall be 
considered to be economic assistance under the Foreign 
Assistance Act of 1961 for purposes of making available the 
administrative authorities contained in that Act for the use of 
economic assistance.
    (c) With regard to funds appropriated under this heading 
for the economic revitalization program in Bosnia and 
Herzegovina, and local currencies generated by such funds 
(including the conversion of funds appropriated under this 
heading into currency used by Bosnia and Herzegovina as local 
currency and local currency returned or repaid under such 
program) the Administrator of the United States Agency for 
International Development shall provide written approval for 
grants and loans prior to the obligation and expenditure of 
funds for such purposes, and prior to the use of funds that 
have been returned or repaid to any lending facility or 
grantee.
    (d) The provisions of section 529 of this Act shall apply 
to funds made available under subsection (c) and to funds 
appropriated under this heading: Provided, That notwithstanding 
any provision of this or any other Act, including provisions in 
this subsection regarding the application of section 529 of 
this Act, local currencies generated by, or converted from, 
funds appropriated by this Act and by previous appropriations 
Acts and made available for the economic revitalization program 
in Bosnia may be used in Eastern Europe and the Baltic States 
to carry out the provisions of the Foreign Assistance Act of 
1961 and the Support for East European Democracy (SEED) Act of 
1989.
    (e) The President is authorized to withhold funds 
appropriated under this heading made available for economic 
revitalization programs in Bosnia and Herzegovina, if he 
determines and certifies to the Committees on Appropriations 
that the Federation of Bosnia and Herzegovina has not complied 
with article III of annex 1-A of the General Framework 
Agreement for Peace in Bosnia and Herzegovina concerning the 
withdrawal of foreign forces, and that intelligence cooperation 
on training, investigations, and related activities between 
state sponsors of terrorism and terrorist organizations and 
Bosnian officials has not been terminated.

    ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION

    (a) For necessary expenses to carry out the provisions of 
chapters 11 and 12 of part I of the Foreign Assistance Act of 
1961 and the FREEDOM Support Act, for assistance for the 
Independent States of the former Soviet Union and for related 
programs, $587,000,000, to remain available until September 30, 
2005: Provided, That the provisions of such chapters shall 
apply to funds appropriated by this paragraph: Provided 
further, That of the funds made available for the Southern 
Caucasus region, notwithstanding any other provision of law, 
funds may be used for confidence-building measures and other 
activities in furtherance of the peaceful resolution of the 
regional conflicts, especially those in the vicinity of 
Abkhazia and Nagorno-Karabagh: Provided further, That of the 
funds appropriated under this heading, $1,500,000 should be 
available only to meet the health and other assistance needs of 
victims of trafficking in persons: Provided further, That of 
the funds appropriated under this heading, $17,500,000 shall be 
made available solely for assistance for the Russian Far East, 
of which not less than $3,000,000 shall be made available for 
programs and activities authorized under section 307 of the 
FREEDOM Support Act (Public Law 102-511): Provided further, 
That $4,000,000 shall be made available to promote freedom of 
the media and an independent media in Russia: Provided further, 
That of the funds appropriated under this heading, up to 
$500,000 should be made available to support democracy building 
programs in Russia through the Sakharov Archives: Provided 
further, That, notwithstanding any other provision of law, 
funds appropriated under this heading in this Act or prior Acts 
making appropriations for foreign operations, export financing, 
and related programs, that are made available pursuant to the 
provisions of section 807 of Public Law 102-511 shall be 
subject to a 6 percent ceiling on administrative expenses.
    (b) Of the funds appropriated under this heading that are 
made available for assistance for Ukraine, not less than 
$19,000,000 should be made available for nuclear reactor safety 
initiatives, and not less than $1,500,000 shall be made 
available for coal mine safety programs.
    (c) Of the funds appropriated under this heading, not less 
than $94,000,000 shall be made available for assistance for 
Russia.
    (d) Of the funds appropriated under this heading, not less 
than $75,000,000 shall be made available for assistance for 
Armenia.
    (e) Of the funds appropriated under this heading, not less 
than $57,000,000 should be made available, in addition to funds 
otherwise available for such purposes, for assistance for child 
survival, environmental and reproductive health, and to combat 
HIV/AIDS, tuberculosis and other infectious diseases, and for 
related activities.
    (f)(1) Of the funds appropriated under this heading that 
are allocated for assistance for the Government of the Russian 
Federation, 60 percent shall be withheld from obligation until 
the President determines and certifies in writing to the 
Committees on Appropriations that the Government of the Russian 
Federation:
            (A) has terminated implementation of arrangements 
        to provide Iran with technical expertise, training, 
        technology, or equipment necessary to develop a nuclear 
        reactor, related nuclear research facilities or 
        programs, or ballistic missile capability; and
            (B) is providing full access to international non-
        government organizations providing humanitarian relief 
        to refugees and internally displaced persons in 
        Chechnya.
    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child 
        survival activities, or assistance for victims of 
        trafficking in persons; and
            (B) activities authorized under title V 
        (Nonproliferation and Disarmament Programs and 
        Activities) of the FREEDOM Support Act.
    (g) Section 907 of the FREEDOM Support Act shall not apply 
to--
            (1) activities to support democracy or assistance 
        under title V of the FREEDOM Support Act and section 
        1424 of Public Law 104-201 or non-proliferation 
        assistance;
            (2) any assistance provided by the Trade and 
        Development Agency under section 661 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2421);
            (3) any activity carried out by a member of the 
        United States and Foreign Commercial Service while 
        acting within his or her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et 
        seq.);
            (5) any financing provided under the Export-Import 
        Bank Act of 1945; or
            (6) humanitarian assistance.

                          Independent Agencies

                       INTER-AMERICAN FOUNDATION

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

                     AFRICAN DEVELOPMENT FOUNDATION

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

                              PEACE CORPS

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

                    MILLENNIUM CHALLENGE CORPORATION

    For necessary expenses for the ``Millennium Challenge 
Account'', $650,000,000, to remain available until expended: 
Provided, That of the funds appropriated under this heading, 
not more than $50,000,000 may be available for administrative 
expenses.

                          Department of State

          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

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

                     ANDEAN COUNTERDRUG INITIATIVE

    For necessary expenses to carry out section 481 of the 
Foreign Assistance Act of 1961 to support counterdrug 
activities in the Andean region of South America, $731,000,000, 
to remain available until September 30, 2006: Provided, That in 
fiscal year 2004, funds available to the Department of State 
for assistance to the Government of Colombia shall be available 
to support a unified campaign against narcotics trafficking, 
against activities by organizations designated as terrorist 
organizations such as the Revolutionary Armed Forces of 
Colombia (FARC), the National Liberation Army (ELN), and the 
United Self-Defense Forces of Colombia (AUC), and to take 
actions to protect human health and welfare in emergency 
circumstances, including undertaking rescue operations: 
Provided further, That this authority shall cease to be 
effective if the Secretary of State has credible evidence that 
the Colombian Armed Forces are not conducting vigorous 
operations to restore government authority and respect for 
human rights in areas under the effective control of 
paramilitary and guerrilla organizations: Provided further, 
That the President shall ensure that if any helicopter procured 
with funds under this heading is used to aid or abet the 
operations of any illegal self-defense group or illegal 
security cooperative, such helicopter shall be immediately 
returned to the United States: Provided further, That none of 
the funds appropriated by this Act may be made available to 
support a Peruvian air interdiction program until the Secretary 
of State and Director of Central Intelligence certify to the 
Congress, 30 days before any resumption of United States 
involvement in a Peruvian air interdiction program, that an air 
interdiction program that permits the ability of the Peruvian 
Air Force to shoot down aircraft will include enhanced 
safeguards and procedures to prevent the occurrence of any 
incident similar to the April 20, 2001 incident: Provided 
further, That the Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall provide to the Committees on Appropriations 
not later than 45 days after the date of the enactment of this 
Act and prior to the initial obligation of funds appropriated 
under this heading, a report on the proposed uses of all funds 
under this heading on a country-by-country basis for each 
proposed program, project, or activity: Provided further, That 
of the funds appropriated under this heading, not less than 
$257,000,000 shall be made available for alternative 
development/institution building, of which $229,200,000 shall 
be apportioned directly to the United States Agency for 
International Development: Provided further, That of the funds 
appropriated under this heading, not less than $25,000,000 
should be made available for justice and rule of law programs 
in Colombia: Provided further, That of the funds appropriated 
under this heading, in addition to funds made available 
pursuant to the previous proviso, not less than $13,000,000 
should be made available for organizations and programs to 
protect human rights: Provided further, That not more than 20 
percent of the funds appropriated by this Act that are used for 
the procurement of chemicals for aerial coca and poppy 
fumigation programs may be made available for such programs 
unless the Secretary of State, after consultation with the 
Administrator of the Environmental Protection Agency (EPA), 
certifies to the Committees on Appropriations that: (1) the 
herbicide mixture is being used in accordance with EPA label 
requirements for comparable use in the United States and any 
additional controls recommended by the EPA for this program, 
and with the Colombian Environmental Management Plan for aerial 
fumigation; and (2) the herbicide mixture, in the manner it is 
being used, does not pose unreasonable risks or adverse effects 
to humans or the environment: Provided further, That such funds 
may not be made available unless the Secretary of State 
certifies to the Committees on Appropriations that complaints 
of harm to health or licit crops caused by such fumigation are 
evaluated and fair compensation is being paid for meritorious 
claims: Provided further,  That such funds may not be made 
available for such purposes unless programs are being 
implemented by the United States Agency for International 
Development, the Government of Colombia, or other 
organizations, in consultation with local communities, to 
provide alternative sources of income in areas where security 
permits for small-acreage growers whose illicit crops are 
targeted for fumigation: Provided further, That of the funds 
appropriated under this heading, not less than $2,500,000 
should be made available for continued training, equipment, and 
other assistance for the Colombian National Park Service: 
Provided further, That funds appropriated by this Act may be 
used for aerial fumigation in Colombia's national parks or 
reserves if the Secretary of State determines that it is in 
accordance with Colombian laws and that there are no effective 
alternatives to reduce drug cultivation in these areas: 
Provided further, That section 482(b) of the Foreign Assistance 
Act of 1961 shall not apply to funds appropriated under this 
heading: Provided further, That assistance provided with funds 
appropriated under this heading that is made available 
notwithstanding section 482(b) of the Foreign Assistance Act of 
1961, as amended, shall be made available subject to the 
regular notification procedures of the Committees on 
Appropriations: Provided further, That the provisions of 
section 3204(b) through (d) of Public Law 106-246, as amended 
by Public Law 107-115, shall be applicable to funds 
appropriated for fiscal year 2004: Provided further, That no 
United States Armed Forces personnel or United States civilian 
contractor employed by the United States will participate in 
any combat operation in connection with assistance made 
available by this Act for Colombia: Provided further, That 
funds appropriated under this heading that are available for 
assistance for the Bolivian military and police should be made 
available for such purposes subject to a determination by the 
Secretary of State, and a report to the Committees on 
Appropriations, that the Bolivian military and police are 
respecting human rights and cooperating with investigations and 
prosecutions of alleged violations of human rights: Provided 
further, That of the funds appropriated under this heading, not 
more than $16,285,000 may be available for administrative 
expenses of the Department of State, and not more than 
$4,500,000 may be available, in addition to amounts otherwise 
available for such purposes, for administrative expenses of the 
United States Agency for International Development.

                    MIGRATION AND REFUGEE ASSISTANCE

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

     UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

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

    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

    For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities, 
$353,500,000, to carry out the provisions of chapter 8 of part 
II of the Foreign Assistance Act of 1961 for anti-terrorism 
assistance, chapter 9 of part II of the Foreign Assistance Act 
of 1961, section 504 of the FREEDOM Support Act, section 23 of 
the Arms Export Control Act or the Foreign Assistance Act of 
1961 for demining activities, the clearance of unexploded 
ordnance, the destruction of small arms, and related 
activities, notwithstanding any other provision of law, 
including activities implemented through nongovernmental and 
international organizations, and section 301 of the Foreign 
Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United 
States contribution to the Comprehensive Nuclear Test Ban 
Treaty Preparatory Commission: Provided, That of this amount 
not to exceed $30,000,000, to remain available until expended, 
may be made available for the Nonproliferation and Disarmament 
Fund, notwithstanding any other provision of law, to promote 
bilateral and multilateral activities relating to 
nonproliferation and disarmament: Provided further, That such 
funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of 
the United States to do so: Provided further, That funds 
appropriated under this heading may be made available for the 
International Atomic Energy Agency only if the Secretary of 
State determines (and so reports to the Congress) that Israel 
is not being denied its right to participate in the activities 
of that Agency: Provided further, That funds available during 
fiscal year 2004 for a contribution to the Comprehensive 
Nuclear Test Ban Treaty Preparatory Commission and that are not 
necessary to make the United States contribution to the 
Commission in the amount assessed for fiscal year 2004 shall be 
made available for a voluntary contribution to the 
International Atomic Energy Agency and shall remain available 
until September 30, 2005: Provided further, That of the funds 
made available for demining and related activities, not to 
exceed $690,000, in addition to funds otherwise available for 
such purposes, may be used for administrative expenses related 
to the operation and management of the demining program: 
Provided further, That the Secretary of State is authorized to 
provide, from funds appropriated under this heading in this and 
subsequent Acts making appropriations for foreign operations, 
export financing and related programs, not to exceed $250,000 
for public-private partnerships for mine action by grant, 
cooperative agreement, or contract: Provided further, That 
funds appropriated under this heading shall be made available 
for programs and countries in the amounts contained in the 
table accompanying the joint explanatory statement of the 
managers accompanying this Act: Provided further, That any 
proposed increases or decreases to the amounts contained in 
such table shall be subject to the regular notification 
procedures of the Committees on Appropriations and section 634A 
of the Foreign Assistance Act of 1961 and notifications shall 
be transmitted at least 15 days in advance of the obligation of 
funds.

                       Department of the Treasury

               INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

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

                           DEBT RESTRUCTURING

    For the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of modifying loans and loan 
guarantees, as the President may determine, for which funds 
have been appropriated or otherwise made available for programs 
within the International Affairs Budget Function 150, including 
the cost of selling, reducing, or canceling amounts owed to the 
United States as a result of concessional loans made to 
eligible countries, pursuant to parts IV and V of the Foreign 
Assistance Act of 1961, and of modifying concessional credit 
agreements with least developed countries, as authorized under 
section 411 of the Agricultural Trade Development and 
Assistance Act of 1954, as amended, and concessional loans, 
guarantees and credit agreements, as authorized under section 
572 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1989 (Public Law 100-461), and of 
canceling amounts owed, as a result of loans or guarantees made 
pursuant to the Export-Import Bank Act of 1945, by countries 
that are eligible for debt reduction pursuant to title V of 
H.R. 3425 as enacted into law by section 1000(a)(5) of Public 
Law 106-113, $95,000,000, to remain available until September 
30, 2006: Provided, That not less than $20,000,000 of the funds 
appropriated under this heading shall be made available to 
carry out the provisions of part V of the Foreign Assistance 
Act of 1961: Provided further, That $75,000,000 of the funds 
appropriated under this heading may be used by the Secretary of 
the Treasury to pay to the Heavily Indebted Poor Countries 
(HIPC) Trust Fund administered by the International Bank for 
Reconstruction and Development amounts for the benefit of 
countries that are eligible for debt reduction pursuant to 
title V of H.R. 3425 as enacted into law by section 1000(a)(5) 
of Public Law 106-113: Provided further, That amounts paid to 
the HIPC Trust Fund may be used only to fund debt reduction 
under the enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic 
        Integration:
Provided further, That funds may not be paid to the HIPC Trust 
Fund for the benefit of any country if the Secretary of State 
has credible evidence that the government of such country is 
engaged in a consistent pattern of gross violations of 
internationally recognized human rights or in military or civil 
conflict that undermines its ability to develop and implement 
measures to alleviate poverty and to devote adequate human and 
financial resources to that end: Provided further, That on the 
basis of final appropriations, the Secretary of the Treasury 
shall consult with the Committees on Appropriations concerning 
which countries and international financial institutions are 
expected to benefit from a United States contribution to the 
HIPC Trust Fund during the fiscal year: Provided further, That 
the Secretary of the Treasury shall inform the Committees on 
Appropriations not less than 15 days in advance of the 
signature of an agreement by the United States to make payments 
to the HIPC Trust Fund of amounts for such countries and 
institutions: Provided further, That the Secretary of the 
Treasury may disburse funds designated for debt reduction 
through the HIPC Trust Fund only for the benefit of countries 
that--
            (1) have committed, for a period of 24 months, not 
        to accept new market-rate loans from the international 
        financial institution receiving debt repayment as a 
        result of such disbursement, other than loans made by 
        such institutions to export-oriented commercial 
        projects that generate foreign exchange which are 
        generally referred to as ``enclave'' loans; and
            (2) have documented and demonstrated their 
        commitment to redirect their budgetary resources from 
        international debt repayments to programs to alleviate 
        poverty and promote economic growth that are additional 
        to or expand upon those previously available for such 
        purposes:
Provided further, That any limitation of subsection (e) of 
section 411 of the Agricultural Trade Development and 
Assistance Act of 1954 shall not apply to funds appropriated 
under this heading: Provided further, That none of the funds 
made available under this heading in this or any other 
appropriations Act shall be made available for Sudan or Burma 
unless the Secretary of the Treasury determines and notifies 
the Committees on Appropriations that a democratically elected 
government has taken office.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

             INTERNATIONAL MILITARY EDUCATION AND TRAINING

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

                   FOREIGN MILITARY FINANCING PROGRAM

                     (INCLUDING TRANSFER OF FUNDS)

    For expenses necessary for grants to enable the President 
to carry out the provisions of section 23 of the Arms Export 
Control Act, $4,294,000,000: Provided, That of the funds 
appropriated under this heading, not less than $2,160,000,000 
shall be available for grants only for Israel, and not less 
than $1,300,000,000 shall be made available for grants only for 
Egypt: Provided further, That the funds appropriated by this 
paragraph for Israel shall be disbursed within 30 days of the 
enactment of this Act: Provided further, That to the extent 
that the Government of Israel requests that funds be used for 
such purposes, grants made available for Israel by this 
paragraph shall, as agreed by Israel and the United States, be 
available for advanced weapons systems, of which not less than 
$568,000,000 shall be available for the procurement in Israel 
of defense articles and defense services, including research 
and development: Provided further, That of the funds 
appropriated by this paragraph, $206,000,000 should be made 
available for assistance for Jordan: Provided further, That of 
the funds appropriated by this paragraph, $17,000,000 may be 
transferred to and merged with funds appropriated under the 
heading ``Andean Counterdrug Initiative'' and made available 
for aircraft and related assistance for the Colombian National 
Police: Provided further, That funds appropriated by this 
paragraph shall be nonrepayable notwithstanding any requirement 
in section 23 of the Arms Export Control Act: Provided further, 
That funds made available under this paragraph shall be 
obligated upon apportionment in accordance with paragraph 
(5)(C) of title 31, United States Code, section 1501(a).
    None of the funds made available under this heading shall 
be available to finance the procurement of defense articles, 
defense services, or design and construction services that are 
not sold by the United States Government under the Arms Export 
Control Act unless the foreign country proposing to make such 
procurements has first signed an agreement with the United 
States Government specifying the conditions under which such 
procurements may be financed with such funds: Provided, That 
all country and funding level increases in allocations shall be 
submitted through the regular notification procedures of 
section 515 of this Act: Provided further, That none of the 
funds appropriated under this heading shall be available for 
assistance for Sudan, Guatemala and Liberia: Provided further, 
That funds made available under this heading may be used, 
notwithstanding any other provision of law, for demining, the 
clearance of unexploded ordnance, and related activities, and 
may include activities implemented through nongovernmental and 
international organizations: Provided further, That the 
authority contained in the previous proviso or any other 
provision of law relating to the use of funds for programs 
under this heading, including provisions contained in 
previously enacted appropriations Acts, shall not apply to 
activities relating to the clearance of unexploded ordnance 
resulting from United States Armed Forces testing or training 
exercises: Provided further, That the previous proviso shall 
not apply to San Jose Island, Republic of Panama: Provided 
further, That only those countries for which assistance was 
justified for the ``Foreign Military Sales Financing Program'' 
in the fiscal year 1989 congressional presentation for security 
assistance programs may utilize funds made available under this 
heading for procurement of defense articles, defense services 
or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act: 
Provided further, That funds appropriated under this heading 
shall be expended at the minimum rate necessary to make timely 
payment for defense articles and services: Provided further, 
That not more than $40,500,000 of the funds appropriated under 
this heading may be obligated for necessary expenses, including 
the purchase of passenger motor vehicles for replacement only 
for use outside of the United States, for the general costs of 
administering military assistance and sales: Provided further, 
That not more than $361,000,000 of funds realized pursuant to 
section 21(e)(1)(A) of the Arms Export Control Act may be 
obligated for expenses incurred by the Department of Defense 
during fiscal year 2004 pursuant to section 43(b) of the Arms 
Export Control Act, except that this limitation may be exceeded 
only through the regular notification procedures of the 
Committees on Appropriations: Provided further, That foreign 
military financing program funds estimated to be outlayed for 
Egypt during fiscal year 2004 shall be transferred to an 
interest bearing account for Egypt in the Federal Reserve Bank 
of New York within 30 days of enactment of this Act.

                        PEACEKEEPING OPERATIONS

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

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  INTERNATIONAL FINANCIAL INSTITUTIONS

                      GLOBAL ENVIRONMENT FACILITY

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

       CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

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

      CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY

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

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

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

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT 
                                  FUND

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

               CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

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

              CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

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

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

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

              CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

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

  CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

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

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

    The United States Governor of the European Bank for 
Reconstruction and Development may subscribe without fiscal 
year limitation to the callable capital portion of the United 
States share of such capital stock in an amount not to exceed 
$122,085,497.

  contribution to the international fund for agricultural development

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

                international organizations and programs

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

                      TITLE V--GENERAL PROVISIONS

  COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL 
                         FINANCIAL INSTITUTIONS

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

                  PRIVATE AND VOLUNTARY ORGANIZATIONS

    Sec. 502. None of the funds appropriated or otherwise made 
available by this Act for development assistance may be made 
available to any United States private and voluntary 
organization, except any cooperative development organization, 
which obtains less than 20 percent of its total annual funding 
for international activities from sources other than the United 
States Government: Provided, That the Administrator of the 
United States Agency for International Development, after 
informing the Committees on Appropriations, may, on a case-by-
case basis, waive the restriction contained in this subsection, 
after taking into account the effectiveness of the overseas 
development activities of the organization, its level of 
volunteer support, its financial viability and stability, and 
the degree of its dependence for its financial support on the 
agency.

                    LIMITATION ON RESIDENCE EXPENSES

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

                         LIMITATION ON EXPENSES

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

               LIMITATION ON REPRESENTATIONAL ALLOWANCES

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

          PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

    Sec. 506. (a) Prohibition on Taxation.--None of the funds 
appropriated by this Act may be made available to provide 
assistance for a foreign country under a new bilateral 
agreement governing the terms and conditions under which such 
assistance is to be provided unless such agreement includes a 
provision stating that assistance provided by the United States 
shall be exempt from taxation, or reimbursed, by the foreign 
government, and the Secretary of State shall expeditiously seek 
to negotiate amendments to existing bilateral agreements, as 
necessary, to conform with this requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent 
to 200 percent of the total taxes assessed during fiscal year 
2004 on funds appropriated by this Act by a foreign government 
or entity against commodities financed under United States 
assistance programs for which funds are appropriated by this 
Act, either directly or through grantees, contractors and 
subcontractors shall be withheld from obligation from funds 
appropriated for assistance for fiscal year 2005 and allocated 
for the central government of such country and for the West 
Bank and Gaza Program to the extent that the Secretary of State 
certifies and reports in writing to the Committees on 
Appropriations that such taxes have not been reimbursed to the 
Government of the United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis 
nature shall not be subject to the provisions of subsection 
(b).
    (d) Reprogramming of Funds.--Funds withheld from obligation 
for each country or entity pursuant to subsection (b) shall be 
reprogrammed for assistance to countries which do not assess 
taxes on United States assistance or which have an effective 
arrangement that is providing substantial reimbursement of such 
taxes.
    (e) Determinations.--
            (1) The provisions of this section shall not apply 
        to any country or entity the Secretary of State 
        determines--
                    (A) does not assess taxes on United States 
                assistance or which has an effective 
                arrangement that is providing substantial 
                reimbursement of such taxes; or
                    (B) the foreign policy interests of the 
                United States outweigh the policy of this 
                section to ensure that United States assistance 
                is not subject to taxation.
            (2) The Secretary of State shall consult with the 
        Committees on Appropriations at least 15 days prior to 
        exercising the authority of this subsection with regard 
        to any country or entity.
    (f) Implementation.--The Secretary of State shall issue 
rules, regulations, or policy guidance, as appropriate, to 
implement the prohibition against the taxation of assistance 
contained in this section.
    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to 
        value added taxes and customs duties imposed on 
        commodities financed with United States assistance for 
        programs for which funds are appropriated by this Act; 
        and
            (2) the term ``bilateral agreement'' refers to a 
        framework bilateral agreement between the Government of 
        the United States and the government of the country 
        receiving assistance that describes the privileges and 
        immunities applicable to United States foreign 
        assistance for such country generally, or an individual 
        agreement between the Government of the United States 
        and such government that describes, among other things, 
        the treatment for tax purposes that will be accorded 
        the United States assistance provided under that 
        agreement.
    (h) Relationship to Prior Law.--Section 579 of Division E 
of Public Law 108-7 shall be deemed to have been amended by 
subsection (f) of this section and the modifications made by 
this section to comparable provisions contained in section 579.

        PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

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

                             MILITARY COUPS

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

                               TRANSFERS

    Sec. 509. (a)(1) Limitation on Transfers Between 
Agencies.--None of the funds made available by this Act may be 
transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriation Act.
    (2) Notwithstanding paragraph (1), in addition to transfers 
made by, or authorized elsewhere in, this Act, funds 
appropriated by this Act to carry out the purposes of the 
Foreign Assistance Act of 1961 may be allocated or transferred 
to agencies of the United States Government pursuant to the 
provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (b) Transfers Between Accounts.--None of the funds made 
available by this Act may be obligated under an appropriation 
account to which they were not appropriated, except for 
transfers specifically provided for in this Act, unless the 
President, not less than five days prior to the exercise of any 
authority contained in the Foreign Assistance Act of 1961 to 
transfer funds, consults with and provides a written policy 
justification to the Committees on Appropriations of the House 
of Representatives and the Senate.
    (c) Audit of Inter-agency Transfers.--Any agreement for the 
transfer or allocation of funds appropriated by this Act, or 
prior Acts, entered into between the United States Agency for 
International Development and another agency of the United 
States Government under the authority of section 632(a) of the 
Foreign Assistance Act of 1961 or any comparable provision of 
law, shall expressly provide that the Office of the Inspector 
General for the agency receiving the transfer or allocation of 
such funds shall perform periodic program and financial audits 
of the use of such funds: Provided, That funds transferred 
under such authority may be made available for the cost of such 
audits.

                 COMMERCIAL LEASING OF DEFENSE ARTICLES

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

                         AVAILABILITY OF FUNDS

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

            LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

    Sec. 512. No part of any appropriation contained in this 
Act shall be used to furnish assistance to the government of 
any country which is in default during a period in excess of 
one calendar year in payment to the United States of principal 
or interest on any loan made to the government of such country 
by the United States pursuant to a program for which funds are 
appropriated under this Act unless the President determines, 
following consultations with the Committees on Appropriations, 
that assistance to such country is in the national interest of 
the United States.

                           COMMERCE AND TRADE

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

                          SURPLUS COMMODITIES

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

                       NOTIFICATION REQUIREMENTS

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

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND 
                                PROGRAMS

    Sec. 516. Subject to the regular notification procedures of 
the Committees on Appropriations, funds appropriated under this 
Act or any previously enacted Act making appropriations for 
foreign operations, export financing, and related programs, 
which are returned or not made available for organizations and 
programs because of the implementation of section 307(a) of the 
Foreign Assistance Act of 1961, shall remain available for 
obligation until September 30, 2005.

             INDEPENDENT STATES OF THE FORMER SOVIET UNION

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

Assistance may be furnished without regard to this subsection 
if the President determines that to do so is in the national 
interest.
    (b) None of the funds appropriated under the heading 
``Assistance for the Independent States of the Former Soviet 
Union'' shall be made available for assistance for a government 
of an Independent State of the former Soviet Union if that 
government directs any action in violation of the territorial 
integrity or national sovereignty of any other Independent 
State of the former Soviet Union, such as those violations 
included in the Helsinki Final Act: Provided, That such funds 
may be made available without regard to the restriction in this 
subsection if the President determines that to do so is in the 
national security interest of the United States.
    (c) None of the funds appropriated under the heading 
``Assistance for the Independent States of the Former Soviet 
Union'' shall be made available for any state to enhance its 
military capability: Provided, That this restriction does not 
apply to demilitarization, demining or nonproliferation 
programs.
    (d) Funds appropriated under the heading ``Assistance for 
the Independent States of the Former Soviet Union'' for the 
Russian Federation, Armenia, Georgia, and Ukraine shall be 
subject to the regular notification procedures of the 
Committees on Appropriations.
    (e) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject 
to the provisions of section 117 (relating to environment and 
natural resources) of the Foreign Assistance Act of 1961.
    (f) Funds made available for Enterprise Funds shall be 
expended at the minimum rate necessary to make timely payment 
for projects and activities.
    (g) In issuing new task orders, entering into contracts, or 
making grants, with funds appropriated in this Act or prior 
appropriations Acts under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' and under 
comparable headings in prior appropriations Acts, for projects 
or activities that have as one of their primary purposes the 
fostering of private sector development, the Coordinator for 
United States Assistance to the New Independent States and the 
implementing agency shall encourage the participation of and 
give significant weight to contractors and grantees who propose 
investing a significant amount of their own resources 
(including volunteer services and in-kind contributions) in 
such projects and activities.

   PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

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

                 EXPORT FINANCING TRANSFER AUTHORITIES

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

                   SPECIAL NOTIFICATION REQUIREMENTS

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

              DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

    Sec. 521. For the purpose of this Act, ``program, project, 
and activity'' shall be defined at the appropriations Act 
account level and shall include all appropriations and 
authorizations Acts earmarks, ceilings, and limitations with 
the exception that for the following accounts: Economic Support 
Fund and Foreign Military Financing Program, ``program, 
project, and activity'' shall also be considered to include 
country, regional, and central program level funding within 
each such account; for the development assistance accounts of 
the United States Agency for International Development 
``program, project, and activity'' shall also be considered to 
include central, country, regional, and program level funding, 
either as: (1) justified to the Congress; or (2) allocated by 
the executive branch in accordance with a report, to be 
provided to the Committees on Appropriations within 30 days of 
the enactment of this Act, as required by section 653(a) of the 
Foreign Assistance Act of 1961.

                  CHILD SURVIVAL AND HEALTH ACTIVITIES

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

                              AFGHANISTAN

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

                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

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

                         USAID OVERSEAS PROGRAM

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

                           DEMOCRACY PROGRAMS

    Sec. 526. (a) Notwithstanding any other provision of law, 
of the funds appropriated by this Act to carry out the 
provisions of chapter 4 of part II of the Foreign Assistance 
Act of 1961, not less than $13,500,000 shall be made available 
for assistance for activities to support democracy, human 
rights, and the rule of law in the People's Republic of China 
and Hong Kong: Provided, That funds appropriated under the 
heading ``Economic Support Fund'' should be made available for 
assistance for Taiwan for the purposes of furthering political 
and legal reforms: Provided further, That such funds shall only 
be made available to the extent that they are matched from 
sources other than the United States Government: Provided 
further, That funds made available pursuant to the authority of 
this subsection shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (b)(1) In addition to the funds made available in 
subsection (a), of the funds appropriated by this Act under the 
heading ``Economic Support Fund'' not less than $11,500,000 
shall be made available for programs and activities to foster 
democracy, human rights, civic education, women's development, 
press freedom, and the rule of law in countries with a 
significant Muslim population, and where such programs and 
activities would be important to United States efforts to 
respond to, deter, or prevent acts of international terrorism: 
Provided, That funds made available pursuant to the authority 
of this subsection should support new initiatives or bolster 
ongoing programs and activities in those countries: Provided 
further, That not less than $3,000,000 of such funds shall be 
made available for programs and activities that provide 
professional training for journalists: Provided further, That 
of the funds appropriated under this heading, in addition to 
other amounts made available for Egypt in this Act, funds shall 
be made available to support civil society organizations 
working for democracy in Egypt: Provided further, That 
notwithstanding any other provision of law, not to exceed 
$1,500,000 of such funds may be used for making grants to 
educational, humanitarian and nongovernmental organizations and 
individuals inside Iran to support the advancement of democracy 
and human rights in Iran: Provided further, That funds made 
available pursuant to this subsection shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.
    (2) In addition to funds made available under subsections 
(a) and (b)(1), of the funds appropriated by this Act under the 
heading ``Economic Support Fund'' not less than $3,000,000 
shall be made available for programs and activities of the 
National Endowment for Democracy to foster democracy, human 
rights, civic education, women's development, press freedom, 
and the rule of law in countries in sub-Saharan Africa.
    (c) Of the funds made available under subsection (a), not 
less than $10,500,000 shall be made available for the Human 
Rights and Democracy Fund of the Bureau of Democracy, Human 
Rights and Labor, Department of State, to support the 
activities described in subsection (a), and of the funds made 
available under subsection (b), not less than $7,000,000 shall 
be made available for such Fund to support the activities 
described in subsection (b): Provided, That the total amount of 
funds made available by this Act under ``Economic Support 
Fund'' for activities of the Bureau of Democracy, Human Rights 
and Labor, Department of State, including funds available in 
this section, shall be not less than $34,500,000.
    (d) Of the funds made available under subsection (a), not 
less than $3,000,000 shall be made available for the National 
Endowment for Democracy to support the activities described in 
subsection (a), and of the funds made available under 
subsection (b), not less than $3,500,000 shall be made 
available for the National Endowment for Democracy to support 
the activities described in subsection (b): Provided, That the 
Secretary of State shall provide a report to the Committees on 
Appropriations within 120 days of the date of enactment of this 
Act on the status of the allocation, obligation, and 
expenditure of such funds.

       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

    Sec. 527. (a) Funds appropriated for bilateral assistance 
under any heading of this Act and funds appropriated under any 
such heading in a provision of law enacted prior to the 
enactment of this Act, shall not be made available to any 
country which the President determines--
            (1) grants sanctuary from prosecution to any 
        individual or group which has committed an act of 
        international terrorism; or
            (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection 
(a) to a country if the President determines that national 
security or humanitarian reasons justify such waiver. The 
President shall publish each waiver in the Federal Register 
and, at least 15 days before the waiver takes effect, shall 
notify the Committees on Appropriations of the waiver 
(including the justification for the waiver) in accordance with 
the regular notification procedures of the Committees on 
Appropriations.

                          DEBT-FOR-DEVELOPMENT

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

                           SEPARATE ACCOUNTS

    Sec. 529. (a) Separate Accounts for Local Currencies.--(1) 
If assistance is furnished to the government of a foreign 
country under chapters 1 and 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961 under agreements which 
result in the generation of local currencies of that country, 
the Administrator of the United States Agency for International 
Development shall--
            (A) require that local currencies be deposited in a 
        separate account established by that government;
            (B) enter into an agreement with that government 
        which sets forth--
                    (i) the amount of the local currencies to 
                be generated; and
                    (ii) the terms and conditions under which 
                the currencies so deposited may be utilized, 
                consistent with this section; and
            (C) establish by agreement with that government the 
        responsibilities of the United States Agency for 
        International Development and that government to 
        monitor and account for deposits into and disbursements 
        from the separate account.
    (2) Uses of local currencies.--As may be agreed upon with 
the foreign government, local currencies deposited in a 
separate account pursuant to subsection (a), or an equivalent 
amount of local currencies, shall be used only--
            (A) to carry out chapter 1 or 10 of part I or 
        chapter 4 of part II (as the case may be), for such 
        purposes as--
                    (i) project and sector assistance 
                activities; or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the 
        United States Government.
    (3) Programming accountability.--The United States Agency 
for International Development shall take all necessary steps to 
ensure that the equivalent of the local currencies disbursed 
pursuant to subsection (a)(2)(A) from the separate account 
established pursuant to subsection (a)(1) are used for the 
purposes agreed upon pursuant to subsection (a)(2).
    (4) Termination of assistance programs.--Upon termination 
of assistance to a country under chapter 1 or 10 of part I or 
chapter 4 of part II (as the case may be), any unencumbered 
balances of funds which remain in a separate account 
established pursuant to subsection (a) shall be disposed of for 
such purposes as may be agreed to by the government of that 
country and the United States Government.
    (5) Reporting requirement.--The Administrator of the United 
States Agency for International Development shall report on an 
annual basis as part of the justification documents submitted 
to the Committees on Appropriations on the use of local 
currencies for the administrative requirements of the United 
States Government as authorized in subsection (a)(2)(B), and 
such report shall include the amount of local currency (and 
United States dollar equivalent) used and/or to be used for 
such purpose in each applicable country.
    (b) Separate Accounts for Cash Transfers.--(1) If 
assistance is made available to the government of a foreign 
country, under chapter 1 or 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961, as cash transfer 
assistance or as nonproject sector assistance, that country 
shall be required to maintain such funds in a separate account 
and not commingle them with any other funds.
    (2) Applicability of other provisions of law.--Such funds 
may be obligated and expended notwithstanding provisions of law 
which are inconsistent with the nature of this assistance 
including provisions which are referenced in the Joint 
Explanatory Statement of the Committee of Conference 
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
    (3) Notification.--At least 15 days prior to obligating any 
such cash transfer or nonproject sector assistance, the 
President shall submit a notification through the regular 
notification procedures of the Committees on Appropriations, 
which shall include a detailed description of how the funds 
proposed to be made available will be used, with a discussion 
of the United States interests that will be served by the 
assistance (including, as appropriate, a description of the 
economic policy reforms that will be promoted by such 
assistance).
    (4) Exemption.--Nonproject sector assistance funds may be 
exempt from the requirements of subsection (b)(1) only through 
the notification procedures of the Committees on 
Appropriations.

                      ENTERPRISE FUND RESTRICTIONS

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

                                 BURMA

    Sec. 531. (a) The Secretary of the Treasury shall instruct 
the United States executive director to each appropriate 
international financial institution in which the United States 
participates, to oppose and vote against the extension by such 
institution of any loan or financial or technical assistance or 
any other utilization of funds of the respective bank to and 
for Burma.
    (b) Of the funds appropriated under the heading ``Economic 
Support Fund'', not less than $13,000,000 shall be made 
available to support democracy activities in Burma, along the 
Burma-Thailand border, for activities of Burmese student groups 
and other organizations located outside Burma, and for the 
purpose of supporting the provision of humanitarian assistance 
to displaced Burmese along Burma's borders: Provided, That of 
this amount $500,000 should be made available to support 
newspapers, publications, and other media activities promoting 
democracy inside Burma: Provided further, That funds made 
available under this heading may be made available 
notwithstanding any other provision of law: Provided further, 
That $5,000,000 shall be allocated to the United States Agency 
for International Development for humanitarian assistance for 
displaced Burmese and host communities in Thailand: Provided 
further, That not more than 60 days after enactment of this 
Act, the Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall submit a report to the Committees on 
Appropriations describing the amount and rate of disbursement 
of fiscal years 2002 and 2003 funding for HIV/AIDS programs and 
activities in Burma, the estimated amount of funds expended by 
the State Peace and Development Council (SPDC) on HIV/AIDS 
programs and activities in calendar years 2001, 2002, and 2003, 
and the extent to which international nongovernmental 
organizations are able to conduct HIV/AIDS programs throughout 
Burma, including the ability of expatriate staff to freely 
travel through the country and to conduct programmatic 
oversight independent of SPDC handling and monitoring: Provided 
further, That funds made available by this section shall be 
subject to the regular notification procedures of the 
Committees on Appropriations.
    (c) It is the sense of the Congress that the United Nations 
Security Council should debate and consider sanctions against 
Burma as a result of the threat to regional stability and peace 
posed by the repressive and illegitimate rule of the State 
Peace and Development Council.

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN 
                         DEVELOPMENT FOUNDATION

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

                  IMPACT ON JOBS IN THE UNITED STATES

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

                          SPECIAL AUTHORITIES

    Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, 
Victims of War, Displaced Children, and Displaced Burmese.--
Funds appropriated by this Act that are made available for 
assistance for Afghanistan may be made available 
notwithstanding section 512 of this Act or any similar 
provision of law and section 660 of the Foreign Assistance Act 
of 1961, and funds appropriated in titles I and II of this Act 
that are made available for Lebanon, Montenegro, Pakistan, and 
for victims of war, displaced children, and displaced Burmese, 
and to assist victims of trafficking in persons and, subject to 
the regular notification procedures of the Committees on 
Appropriations, to combat such trafficking, may be made 
available notwithstanding any other provision of law.
    (b) Tropical Forestry and Biodiversity Conservation 
Activities.--Funds appropriated by this Act to carry out the 
provisions of sections 103 through 106, and chapter 4 of part 
II, of the Foreign Assistance Act of 1961 may be used, 
notwithstanding any other provision of law, for the purpose of 
supporting tropical forestry and biodiversity conservation 
activities and energy programs aimed at reducing greenhouse gas 
emissions: Provided, That such assistance shall be subject to 
sections 116, 502B, and 620A of the Foreign Assistance Act of 
1961.
    (c) Personal Services Contractors.--Funds appropriated by 
this Act to carry out chapter 1 of part I, chapter 4 of part 
II, and section 667 of the Foreign Assistance Act of 1961, and 
title II of the Agricultural Trade Development and Assistance 
Act of 1954, may be used by the United States Agency for 
International Development to employ up to 25 personal services 
contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim 
support for new or expanded overseas programs and activities 
managed by the agency until permanent direct hire personnel are 
hired and trained: Provided, That not more than 10 of such 
contractors shall be assigned to any bureau or office: Provided 
further, That such funds appropriated to carry out title II of 
the Agricultural Trade Development and Assistance Act of 1954, 
may be made available only for personal services contractors 
assigned to the Office of Food for Peace.
    (d)(1) Waiver.--The President may waive the provisions of 
section 1003 of Public Law 100-204 if the President determines 
and certifies in writing to the Speaker of the House of 
Representatives and the President pro tempore of the Senate 
that it is important to the national security interests of the 
United States.
    (2) Period of application of waiver.--Any waiver pursuant 
to paragraph (1) shall be effective for no more than a period 
of 6 months at a time and shall not apply beyond 12 months 
after the enactment of this Act.
    (e) Small Business.--In entering into multiple award 
indefinite-quantity contracts with funds appropriated by this 
Act, the United States Agency for International Development may 
provide an exception to the fair opportunity process for 
placing task orders under such contracts when the order is 
placed with any category of small or small disadvantaged 
business.
    (f) Shipment of Humanitarian Assistance.--During fiscal 
year 2004 and each fiscal year thereafter, of the amounts made 
available by the United States Agency for International 
Development to carry out the provisions of section 123(b) of 
the Foreign Assistance Act of 1961, funds may be made available 
to nongovernmental organizations for administrative costs 
necessary to implement a program to obtain available donated 
space on commercial ships for the shipment of humanitarian 
assistance overseas.
    (g) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 
660(b)(6) of the Foreign Assistance Act of 1961, support for a 
nation emerging from instability may be deemed to mean support 
for regional, district, municipal, or other sub-national entity 
emerging from instability, as well as a nation emerging from 
instability.
    (h) National Endowment for Democracy.--Funds appropriated 
by this Act that are provided to the National Endowment for 
Democracy may be provided notwithstanding any other provision 
of law or regulation.
    (i) World Food Program.--Of the funds managed by the Bureau 
for Democracy, Conflict, and Humanitarian Assistance of the 
United States Agency for International Development, from this 
or any other Act, not less than $6,000,000 shall be made 
available as a general contribution to the World Food Program, 
notwithstanding any other provision of law.
    (j) Sudan.--For the purposes of section 501 of Public Law 
106-570, the terms ``areas outside of control of the Government 
of Sudan'' and ``area in Sudan outside of control of the 
Government of Sudan'' shall, upon conclusion of a peace 
agreement between the Government of Sudan and the Sudan 
People's Liberation Movement, have the same meaning and 
application as was the case immediately prior to the conclusion 
of such agreement.
    (k) Programs.--Of the funds appropriated under ``Economic 
Support Fund'' for Middle East regional programs, up to 
$5,000,000 may be made available for programs and activities of 
the Yitzhak Rabin Center for Israel Studies in Tel Aviv, 
Israel, and up to $5,000,000 may be made available for programs 
and activities of the Center for Human Dignity Museum of 
Tolerance in Jerusalem.

                     ARAB LEAGUE BOYCOTT OF ISRAEL

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

                  ADMINISTRATION OF JUSTICE ACTIVITIES

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

                       ELIGIBILITY FOR ASSISTANCE

    Sec. 537. (a) Assistance Through Nongovernmental 
Organizations.--Restrictions contained in this or any other Act 
with respect to assistance for a country shall not be construed 
to restrict assistance in support of programs of 
nongovernmental organizations from funds appropriated by this 
Act to carry out the provisions of chapters 1, 10, 11, and 12 
of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading 
``Assistance for Eastern Europe and the Baltic States'': 
Provided, That before using the authority of this subsection to 
furnish assistance in support of programs of nongovernmental 
organizations, the President shall notify the Committees on 
Appropriations under the regular notification procedures of 
those committees, including a description of the program to be 
assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in 
this subsection shall be construed to alter any existing 
statutory prohibitions against abortion or involuntary 
sterilizations contained in this or any other Act.
    (b) Public Law 480.--During fiscal year 2004, restrictions 
contained in this or any other Act with respect to assistance 
for a country shall not be construed to restrict assistance 
under the Agricultural Trade Development and Assistance Act of 
1954: Provided, That none of the funds appropriated to carry 
out title I of such Act and made available pursuant to this 
subsection may be obligated or expended except as provided 
through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign 
        Assistance Act of 1961 or any comparable provision of 
        law prohibiting assistance to countries that support 
        international terrorism; or
            (2) with respect to section 116 of the Foreign 
        Assistance Act of 1961 or any comparable provision of 
        law prohibiting assistance to the government of a 
        country that violates internationally recognized human 
        rights.

                         RESERVATIONS OF FUNDS

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

                         CEILINGS AND EARMARKS

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

                 PROHIBITION ON PUBLICITY OR PROPAGANDA

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

           PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

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

              NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION

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

  PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL 
   MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM

    Sec. 543. (a) None of the funds appropriated or otherwise 
made available by this Act may be available to any foreign 
government which provides lethal military equipment to a 
country the government of which the Secretary of State has 
determined is a terrorist government for purposes of section 
6(j) of the Export Administration Act. The prohibition under 
this section with respect to a foreign government shall 
terminate 12 months after that government ceases to provide 
such military equipment. This section applies with respect to 
lethal military equipment provided under a contract entered 
into after October 1, 1997.
    (b) Assistance restricted by subsection (a) or any other 
similar provision of law, may be furnished if the President 
determines that furnishing such assistance is important to the 
national interests of the United States.
    (c) Whenever the waiver authority of subsection (b) is 
exercised, the President shall submit to the appropriate 
congressional committees a report with respect to the 
furnishing of such assistance. Any such report shall include a 
detailed explanation of the assistance to be provided, 
including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States 
national interests.

 WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN COUNTRIES

    Sec. 544. (a) Subject to subsection (c), of the funds 
appropriated by this Act that are made available for assistance 
for a foreign country, an amount equal to 110 percent of the 
total amount of the unpaid fully adjudicated parking fines and 
penalties owed by such country shall be withheld from 
obligation for such country until the Secretary of State 
submits a certification to the appropriate congressional 
committees stating that such parking fines and penalties are 
fully paid.
    (b) Funds withheld from obligation pursuant to subsection 
(a) may be made available for other programs or activities 
funded by this Act, after consultation with and subject to the 
regulation notification procedures of the appropriate 
congressional committees, provided that no such funds shall be 
made available for assistance to the central government of a 
foreign country that has not paid the total amount of the fully 
adjudicated parking fines and penalties owed by such country.
    (c) Subsection (a) shall not include amounts that have been 
withheld under any other provision of law.
    (d) The Secretary of State may waive the requirements set 
forth in subsection (a) no sooner than 60 days from the date of 
enactment of this Act, or at any time with respect to a 
particular country, if the Secretary determines that it is in 
the national interests of the United States to do so.
    (e) Not later than 6 months after the initial exercise of 
the waiver authority in subsection (d), the Secretary of State, 
after consultations with the City of New York, shall submit a 
report to the Committees on Appropriations describing a 
strategy, including a timetable and steps currently being 
taken, to collect the parking fines and penalties owed by 
nations receiving foreign assistance under this Act.
    (f) In this section:
            (1) The term ``appropriate congressional 
        committees'' means the Committee on Appropriations of 
        the Senate and the Committee on Appropriations of the 
        House of Representatives.
            (2) The term ``fully adjudicated'' includes 
        circumstances in which the person to whom the vehicle 
        is registered--
                    (A)(i) has not responded to the parking 
                violation summons; or
                    (ii) has not followed the appropriate 
                adjudication procedure to challenge the 
                summons; and
                    (B) the period of time for payment of or 
                challenge to the summons has lapsed.
            (3) The term ``parking fines and penalties'' means 
        parking fines and penalties--
                    (A) owed to--
                            (i) the District of Columbia; or
                            (ii) New York, New York; and
                    (B) incurred during the period April 1, 
                1997 through September 30, 2003.

    LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA

    Sec. 545. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation 
Organization for the West Bank and Gaza unless the President 
has exercised the authority under section 604(a) of the Middle 
East Peace Facilitation Act of 1995 (title VI of Public Law 
104-107) or any other legislation to suspend or make 
inapplicable section 307 of the Foreign Assistance Act of 1961 
and that suspension is still in effect: Provided, That if the 
President fails to make the certification under section 
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or 
to suspend the prohibition under other legislation, funds 
appropriated by this Act may not be obligated for assistance 
for the Palestine Liberation Organization for the West Bank and 
Gaza.

                     WAR CRIMES TRIBUNALS DRAWDOWN

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

                               LANDMINES

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

           RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

    Sec. 548. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new 
office of any department or agency of the United States 
Government for the purpose of conducting official United States 
Government business with the Palestinian Authority over Gaza 
and Jericho or any successor Palestinian governing entity 
provided for in the Israel-PLO Declaration of Principles: 
Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate 
General in Jerusalem: Provided further, That meetings between 
officers and employees of the United States and officials of 
the Palestinian Authority, or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles, for the purpose of conducting official United 
States Government business with such authority should continue 
to take place in locations other than Jerusalem. As has been 
true in the past, officers and employees of the United States 
Government may continue to meet in Jerusalem on other subjects 
with Palestinians (including those who now occupy positions in 
the Palestinian Authority), have social contacts, and have 
incidental discussions.

               PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

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

   RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES

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

                                 HAITI

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

         LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

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

              LIMITATION ON ASSISTANCE TO SECURITY FORCES

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

                    FOREIGN MILITARY TRAINING REPORT

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

                          ENVIRONMENT PROGRAMS

    Sec. 555. (a) Funding.--Of the funds appropriated under the 
heading ``Development Assistance'', not less than $155,000,000 
shall be made available for programs and activities which 
directly protect biodiversity, including forests, in developing 
countries, of which $1,500,000 should be made available to 
improve the capacity of indigenous groups and local 
environmental organizations and law enforcement agencies to 
protect the biodiversity of indigenous reserves in the Amazon 
Basin region of Brazil, which amount shall be in addition to 
the amount requested in this Act for assistance for Brazil for 
fiscal year 2004: Provided, That not later than one year after 
enactment of this Act, the Secretary of State, in coordination 
with the Administrator of the United States Agency for 
International Development and other appropriate departments and 
agencies, and after consultation with appropriate governments 
and nongovernmental organizations, shall submit to the 
Committees on Appropriations a strategy for biodiversity 
conservation in the Amazon Basin region of South America: 
Provided further, That of the funds appropriated under the 
headings ``Development Assistance'' and ``Andean Counterdrug 
Initiative'', funds shall be made available in fiscal year 2004 
to develop the strategy described in the previous proviso: 
Provided further, That of the funds appropriated by this Act, 
not less than $180,000,000 shall be made available to support 
policies and programs in developing countries that directly (1) 
promote a wide range of energy conservation, energy efficiency 
and clean energy programs and activities, including the 
transfer of clean and environmentally sustainable energy 
technologies; (2) measure, monitor, and reduce greenhouse gas 
emissions; (3) increase carbon sequestration activities; and 
(4) enhance climate change mitigation and adaptation programs.
    (b) Climate Change Report.--Not later than 45 days after 
the date on which the President's fiscal year 2005 budget 
request is submitted to Congress, the President shall submit a 
report to the Committees on Appropriations describing in detail 
the following--
            (1) all Federal agency obligations and 
        expenditures, domestic and international, for climate 
        change programs and activities in fiscal year 2004, 
        including an accounting of expenditures by agency with 
        each agency identifying climate change activities and 
        associated costs by line item as presented in the 
        President's Budget Appendix; and
            (2) all fiscal year 2003 obligations and estimated 
        expenditures, fiscal year 2004 estimated expenditures 
        and estimated obligations, and fiscal year 2005 
        requested funds by the United States Agency for 
        International Development, by country and central 
        program, for each of the following: (i) to promote the 
        transfer and deployment of a wide range of United 
        States clean energy and energy efficiency technologies; 
        (ii) to assist in the measurement, monitoring, 
        reporting, verification, and reduction of greenhouse 
        gas emissions; (iii) to promote carbon capture and 
        sequestration measures; (iv) to help meet such 
        countries' responsibilities under the Framework 
        Convention on Climate Change; and (v) to develop 
        assessments of the vulnerability to impacts of climate 
        change and mitigation and adaptation response 
        strategies.

            REGIONAL PROGRAMS FOR EAST ASIA AND THE PACIFIC

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

                                ZIMBABWE

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

                                 TIBET

    Sec. 558. (a) The Secretary of Treasury should instruct the 
United States executive director to each international 
financial institution to use the voice and vote of the United 
States to support projects in Tibet if such projects do not 
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership of 
Tibetan land and natural resources to non-Tibetans; are based 
on a thorough needs-assessment; foster self-sufficiency of the 
Tibetan people and respect Tibetan culture and traditions; and 
are subject to effective monitoring.
    (b) Notwithstanding any other provision of law, not less 
than $4,000,000 of the funds appropriated by this Act under the 
heading ``Economic Support Fund'' shall be made available to 
nongovernmental organizations to support activities which 
preserve cultural traditions and promote sustainable 
development and environmental conservation in Tibetan 
communities in the Tibetan Autonomous Region and in other 
Tibetan communities in China.

                       AUTHORIZATION REQUIREMENT

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

                                NIGERIA

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

                                CAMBODIA

    Sec. 561. (a) The Secretary of the Treasury should instruct 
the United States executive directors of the international 
financial institutions to use the voice and vote of the United 
States to oppose loans to the Central Government of Cambodia, 
except loans to meet basic human needs.
    (b)(1) None of the funds appropriated by this Act may be 
made available for assistance for the Central Government of 
Cambodia.
    (2) Paragraph (1) shall not apply to assistance for basic 
education, reproductive and maternal and child health, cultural 
and historic preservation, programs for the prevention, 
treatment, and control of, and research on, HIV/AIDS, 
tuberculosis, malaria, polio and other infectious diseases, 
programs to combat human trafficking that are provided through 
nongovernmental organizations, and for the Ministry of Women 
and Veterans Affairs to combat human trafficking.
    (c) Of the funds appropriated by this Act under the heading 
``Economic Support Fund'', up to $4,000,000 may be made 
available for activities to support democracy, including 
assistance for democratic political parties.
    (d) Funds appropriated by this Act to carry out provisions 
of section 541 of the Foreign Assistance Act of 1961 may be 
made available notwithstanding subsection (b) only if at least 
15 days prior to the obligation of such funds, the Secretary of 
State provides to the Committees on Appropriations a list of 
those individuals who have been credibly alleged to have 
ordered or carried out extrajudicial and political killings 
that occurred during the March 1997 grenade attack against the 
Khmer Nation Party, the July 1997 coup d'etat, and election 
related violence that occurred during the 1998, 2002, and 2003 
elections in Cambodia.
    (e) None of the funds appropriated or otherwise made 
available by this Act may be used to provide assistance to any 
tribunal established by the Government of Cambodia.

                         PALESTINIAN STATEHOOD

    Sec. 562. (a) Limitation on Assistance.--None of the funds 
appropriated by this Act may be provided to support a 
Palestinian state unless the Secretary of State determines and 
certifies to the appropriate congressional committees that--
            (1) a new leadership of a Palestinian governing 
        entity has been democratically elected through credible 
        and competitive elections;
            (2) the elected governing entity of a new 
        Palestinian state--
                    (A) has demonstrated a firm commitment to 
                peaceful co-existence with the State of Israel;
                    (B) is taking appropriate measures to 
                counter terrorism and terrorist financing in 
                the West Bank and Gaza, including the 
                dismantling of terrorist infrastructures;
                    (C) is establishing a new Palestinian 
                security entity that is cooperative with 
                appropriate Israeli and other appropriate 
                security organizations; and
            (3) the Palestinian Authority (or the governing 
        body of a new Palestinian state) is working with other 
        countries in the region to vigorously pursue efforts to 
        establish a just, lasting, and comprehensive peace in 
        the Middle East that will enable Israel and an 
        independent Palestinian state to exist within the 
        context of full and normal relationships, which should 
        include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgement of the 
                sovereignty, territorial integrity, and 
                political independence of every state in the 
                area through measures including the 
                establishment of demilitarized zones;
                    (C) their right to live in peace within 
                secure and recognized boundaries free from 
                threats or acts of force;
                    (D) freedom of navigation through 
                international waterways in the area; and
                    (E) a framework for achieving a just 
                settlement of the refugee problem.
    (b) Sense of Congress.--It is the sense of Congress that 
the newly elected governing entity should enact a constitution 
assuring the rule of law, an independent judiciary, and respect 
for human rights for its citizens, and should enact other laws 
and regulations assuring transparent and accountable 
governance.
    (c) Waiver.--The President may waive subsection (a) if he 
determines that it is vital to the national security interests 
of the United States to do so.
    (d) Exemption.--The restriction in subsection (a) shall not 
apply to assistance intended to help reform the Palestinian 
Authority and affiliated institutions, or a newly elected 
governing entity, in order to help meet the requirements of 
subsection (a), consistent with the provisions of section 552 
of this Act (``Limitation on Assistance to the Palestinian 
Authority'').

                                COLOMBIA

    Sec. 563. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated 
by this Act that are available for assistance for the Colombian 
Armed Forces, may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated 
        prior to a determination and certification by the 
        Secretary of State pursuant to paragraph (2).
            (2) Up to 12.5 percent of such funds may be 
        obligated only after the Secretary of State certifies 
        and reports to the appropriate congressional committees 
        that:
                    (A) The Commander General of the Colombian 
                Armed Forces is suspending from the Armed 
                Forces those members, of whatever rank who, 
                according to the Minister of Defense or the 
                Procuraduria General de la Nacion, have been 
                credibly alleged to have committed gross 
                violations of human rights, including extra-
                judicial killings, or to have aided or abetted 
                paramilitary organizations.
                    (B) The Colombian Government is vigorously 
                investigating and prosecuting those members of 
                the Colombian Armed Forces, of whatever rank, 
                who have been credibly alleged to have 
                committed gross violations of human rights, 
                including extra-judicial killings, or to have 
                aided or abetted paramilitary organizations, 
                and is promptly punishing those members of the 
                Colombian Armed Forces found to have committed 
                such violations of human rights or to have 
                aided or abetted paramilitary organizations.
                    (C) The Colombian Armed Forces have made 
                substantial progress in cooperating with 
                civilian prosecutors and judicial authorities 
                in such cases (including providing requested 
                information, such as the identity of persons 
                suspended from the Armed Forces and the nature 
                and cause of the suspension, and access to 
                witnesses, relevant military documents, and 
                other requested information).
                    (D) The Colombian Armed Forces have made 
                substantial progress in severing links 
                (including denying access to military 
                intelligence, vehicles, and other equipment or 
                supplies, and ceasing other forms of active or 
                tacit cooperation) at the command, battalion, 
                and brigade levels, with paramilitary 
                organizations, especially in regions where 
                these organizations have a significant 
                presence.
                    (E) The Colombian Armed Forces are 
                dismantling paramilitary leadership and 
                financial networks by arresting commanders and 
                financial backers, especially in regions where 
                these networks have a significant presence.
            (3) The balance of such funds may be obligated 
        after July 31, 2004, if the Secretary of State 
        certifies and reports to the appropriate congressional 
        committees, after such date, that the Colombian Armed 
        Forces are continuing to meet the conditions contained 
        in paragraph (2) and are conducting vigorous operations 
        to restore government authority and respect for human 
        rights in areas under the effective control of 
        paramilitary and guerrilla organizations.
    (b) Congressional Notification.--Funds made available by 
this Act for the Colombian Armed Forces shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.
    (c) Consultative Process.--Not later than 60 days after the 
date of enactment of this Act, and every 90 days thereafter 
until September 30, 2005, the Secretary of State shall consult 
with internationally recognized human rights organizations 
regarding progress in meeting the conditions contained in that 
subsection.
    (d) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or 
        abetted'' means to provide any support to paramilitary 
        groups, including taking actions which allow, 
        facilitate, or otherwise foster the activities of such 
        groups.
            (2) Paramilitary groups.--The term ``paramilitary 
        groups'' means illegal self-defense groups and illegal 
        security cooperatives.

                          ILLEGAL ARMED GROUPS

    Sec. 564. (a) Denial of Visas to Supporters of Colombian 
Illegal Armed Groups.--Subject to subsection (b), the Secretary 
of State shall not issue a visa to any alien who the Secretary 
determines, based on credible evidence--
            (1) has willfully provided any support to the 
        Revolutionary Armed Forces of Colombia (FARC), the 
        National Liberation Army (ELN), or the United Self-
        Defense Forces of Colombia (AUC), including taking 
        actions or failing to take actions which allow, 
        facilitate, or otherwise foster the activities of such 
        groups; or
            (2) has committed, ordered, incited, assisted, or 
        otherwise participated in the commission of gross 
        violations of human rights, including extra-judicial 
        killings, in Colombia.
    (b) Waiver.--Subsection (a) shall not apply if the 
Secretary of State determines and certifies to the appropriate 
congressional committees, on a case-by-case basis, that the 
issuance of a visa to the alien is necessary to support the 
peace process in Colombia or for urgent humanitarian reasons.

 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

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

                       WEST BANK AND GAZA PROGRAM

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

            CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

    Sec. 567. (a) Limitations on Amount of Contribution.--Of 
the amounts made available under ``International Organizations 
and Programs'' and ``Child Survival and Health Programs Fund'' 
for fiscal year 2004, the amount cited in section 576 of Public 
Law 107-115 shall be made available for the United Nations 
Population Fund (hereafter in this section referred to as the 
``UNFPA'').
    (b) Family Planning, Maternal and Reproductive Health 
Activities.--Of the funds appropriated in Public Law 107-115 
that were available for the UNFPA, including all funds that 
were transferred to ``Child Survival and Health Programs 
Fund'', $34,000,000 shall be made available for family 
planning, maternal and reproductive health activities in the 
Democratic Republic of the Congo, Ethiopia, Nigeria, Tanzania, 
Uganda, Haiti, Georgia, Azerbaijan, Russia, Albania, Romania, 
and Kazakhstan: Provided, That such programs and activities 
shall be deemed to have been justified to Congress.
    (c) Trafficking Initiative.--Of the funds appropriated in 
Public Law 108-7 that were available for the UNFPA and that 
were transferred to ``Child Survival and Health Programs 
Fund'', $25,000,000 shall be allocated for assistance for 
``vulnerable children'' and made available for a new initiative 
for assistance for young women, mothers and children who are 
victims of trafficking in persons: Provided, That such programs 
and activities shall be deemed to have been justified to 
Congress.
    (d) Prohibition on Use of Funds in China.--None of the 
funds made available under ``International Organizations and 
Programs'' may be made available for the UNFPA for a country 
program in the People's Republic of China.
    (e) Conditions on Availability of Funds.--Amounts made 
available under ``International Organizations and Programs'' 
and ``Child Survival and Health Programs Fund'' for fiscal year 
2004 for the UNFPA may not be made available to UNFPA unless--
            (1) the UNFPA maintains amounts made available to 
        the UNFPA under this section in an account separate 
        from other accounts of the UNFPA;
            (2) the UNFPA does not commingle amounts made 
        available to the UNFPA under this section with other 
        sums; and
            (3) the UNFPA does not fund abortions.

                              CENTRAL ASIA

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

    DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN 
                               FEDERATION

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

                             WAR CRIMINALS

    Sec. 570. (a)(1) None of the funds appropriated or 
otherwise made available pursuant to this Act may be made 
available for assistance, and the Secretary of the Treasury 
shall instruct the United States executive directors to the 
international financial institutions to vote against any new 
project involving the extension by such institutions of any 
financial or technical assistance, to any country, entity, or 
municipality whose competent authorities have failed, as 
determined by the Secretary of State, to take necessary and 
significant steps to implement its international legal 
obligations to apprehend and transfer to the International 
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'') 
all persons in their territory who have been indicted by the 
Tribunal and to otherwise cooperate with the Tribunal.
    (2) The provisions of this subsection shall not apply to 
humanitarian assistance or assistance for democratization.
    (b) The provisions of subsection (a) shall apply unless the 
Secretary of State determines and reports to the appropriate 
congressional committees that the competent authorities of such 
country, entity, or municipality are--
            (1) cooperating with the Tribunal, including access 
        for investigators to archives and witnesses, the 
        provision of documents, and the surrender and transfer 
        of indictees or assistance in their apprehension; and
            (2) are acting consistently with the Dayton 
        Accords.
    (c) Not less than 10 days before any vote in an 
international financial institution regarding the extension of 
any new project involving financial or technical assistance or 
grants to any country or entity described in subsection (a), 
the Secretary of the Treasury, in consultation with the 
Secretary of State, shall provide to the Committees on 
Appropriations a written justification for the proposed 
assistance, including an explanation of the United States 
position regarding any such vote, as well as a description of 
the location of the proposed assistance by municipality, its 
purpose, and its intended beneficiaries.
    (d) In carrying out this section, the Secretary of State, 
the Administrator of the United States Agency for International 
Development, and the Secretary of the Treasury shall consult 
with representatives of human rights organizations and all 
government agencies with relevant information to help prevent 
indicted war criminals from benefiting from any financial or 
technical assistance or grants provided to any country or 
entity described in subsection (a).
    (e) The Secretary of State may waive the application of 
subsection (a) with respect to projects within a country, 
entity, or municipality upon a written determination to the 
Committees on Appropriations that such assistance directly 
supports the implementation of the Dayton Accords.
    (f) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the 
        Federation of Bosnia and Herzegovina, Kosovo, 
        Montenegro and the Republika Srpska.
            (3) Municipality.--The term ``municipality'' means 
        a city, town or other subdivision within a country or 
        entity as defined herein.
            (4) Dayton accords.--The term ``Dayton Accords'' 
        means the General Framework Agreement for Peace in 
        Bosnia and Herzegovina, together with annexes relating 
        thereto, done at Dayton, November 10 through 16, 1995.

                               USER FEES

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

                           FUNDING FOR SERBIA

    Sec. 572. (a) Funds appropriated by this Act may be made 
available for assistance for Serbia after March 31, 2004, if 
the President has made the determination and certification 
contained in subsection (c).
    (b) After March 31, 2004, the Secretary of the Treasury 
should instruct the United States executive directors to the 
international financial institutions to support loans and 
assistance to the Government of the Federal Republic of 
Yugoslavia (or a government of a successor state) subject to 
the conditions in subsection (c): Provided, That section 576 of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1997, as amended, shall not apply to the 
provision of loans and assistance to the Federal Republic of 
Yugoslavia (or a successor state) through international 
financial institutions.
    (c) The determination and certification referred to in 
subsection (a) is a determination by the President and a 
certification to the Committees on Appropriations that the 
Government of the Federal Republic of Yugoslavia (or a 
government of a successor state) is--
            (1) cooperating with the International Criminal 
        Tribunal for the former Yugoslavia including access for 
        investigators, the provision of documents, and the 
        surrender and transfer of indictees or assistance in 
        their apprehension, including making all practicable 
        efforts to apprehend and transfer Ratko Mladic;
            (2) taking steps that are consistent with the 
        Dayton Accords to end Serbian financial, political, 
        security and other support which has served to maintain 
        separate Republika Srpska institutions; and
            (3) taking steps to implement policies which 
        reflect a respect for minority rights and the rule of 
        law, including the release of political prisoners from 
        Serbian jails and prisons.
    (d) This section shall not apply to Montenegro, Kosovo, 
humanitarian assistance or assistance to promote democracy in 
municipalities.

                   COMMUNITY-BASED POLICE ASSISTANCE

    Sec. 573. (a) Authority.--Funds made available by this Act 
to carry out the provisions of chapter 1 of part I and chapter 
4 of part II of the Foreign Assistance Act of 1961, may be 
used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority 
in Jamaica and El Salvador through training and technical 
assistance in human rights, the rule of law, strategic 
planning, and through assistance to foster civilian police 
roles that support democratic governance including assistance 
for programs to prevent conflict and foster improved police 
relations with the communities they serve.
    (b) Notification.--Assistance provided under subsection (a) 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.

                  SPECIAL DEBT RELIEF FOR THE POOREST

    Sec. 574. (a) Authority To Reduce Debt.--The President may 
reduce amounts owed to the United States (or any agency of the 
United States) by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of 
        the Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the 
        Arms Export Control Act; or
            (3) any obligation or portion of such obligation, 
        to pay for purchases of United States agricultural 
        commodities guaranteed by the Commodity Credit 
        Corporation under export credit guarantee programs 
        authorized pursuant to section 5(f) of the Commodity 
        Credit Corporation Charter Act of June 29, 1948, as 
        amended, section 4(b) of the Food for Peace Act of 
        1966, as amended (Public Law 89-808), or section 202 of 
        the Agricultural Trade Act of 1978, as amended (Public 
        Law 95-501).
    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt 
        relief and referendum agreements, commonly referred to 
        as ``Paris Club Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is 
        provided in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy 
        debt burdens that are eligible to borrow from the 
        International Development Association, but not from the 
        International Bank for Reconstruction and Development, 
        commonly referred to as ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) 
may be exercised only with respect to a country whose 
government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international 
        narcotics control matters;
            (4) (including its military or other security 
        forces) does not engage in a consistent pattern of 
        gross violations of internationally recognized human 
        rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to the funds 
appropriated by this Act under the heading ``Debt 
Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance 
for the purposes of any provision of law limiting assistance to 
a country. The authority provided by subsection (a) may be 
exercised notwithstanding section 620(r) of the Foreign 
Assistance Act of 1961 or section 321 of the International 
Development and Food Assistance Act of 1975.

             AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

    Sec. 575. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain 
        loans.--Notwithstanding any other provision of law, the 
        President may, in accordance with this section, sell to 
        any eligible purchaser any concessional loan or portion 
        thereof made before January 1, 1995, pursuant to the 
        Foreign Assistance Act of 1961, to the government of 
        any eligible country as defined in section 702(6) of 
        that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion 
        thereof, only for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-
                development swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country 
                of its own qualified debt, only if the eligible 
                country uses an additional amount of the local 
                currency of the eligible country, equal to not 
                less than 40 percent of the price paid for such 
                debt by such eligible country, or the 
                difference between the price paid for such debt 
                and the face value of such debt, to support 
                activities that link conservation and 
                sustainable use of natural resources with local 
                community development, and child survival and 
                other child development, in a manner consistent 
                with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, 
                or cancellation would not contravene any term 
                or condition of any prior agreement relating to 
                such loan.
            (2) Terms and conditions.--Notwithstanding any 
        other provision of law, the President shall, in 
        accordance with this section, establish the terms and 
        conditions under which loans may be sold, reduced, or 
        canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in 
        section 702(8) of the Foreign Assistance Act of 1961, 
        shall notify the administrator of the agency primarily 
        responsible for administering part I of the Foreign 
        Assistance Act of 1961 of purchasers that the President 
        has determined to be eligible, and shall direct such 
        agency to carry out the sale, reduction, or 
        cancellation of a loan pursuant to this section. Such 
        agency shall make adjustment in its accounts to reflect 
        the sale, reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection 
        shall be available only to the extent that 
        appropriations for the cost of the modification, as 
        defined in section 502 of the Congressional Budget Act 
        of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of any loan sold, reduced, or 
canceled pursuant to this section shall be deposited in the 
United States Government account or accounts established for 
the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to 
subsection (a)(1)(A) only to a purchaser who presents plans 
satisfactory to the President for using the loan for the 
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this 
section, of any loan made to an eligible country, the President 
should consult with the country concerning the amount of loans 
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature 
swaps.
    (e) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds 
appropriated by this Act under the heading ``Debt 
Restructuring''.

                        DISASTER SURGE CAPACITY

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

                           IFAD AUTHORIZATION

    Sec. 577. The Secretary of the Treasury may, to fulfill 
commitments of the United States, contribute on behalf of the 
United States to the sixth replenishment of the resources of 
the International Fund for Agricultural Development. The 
following amount is authorized to be appropriated without 
fiscal year limitation for payment by the Secretary of the 
Treasury: $45,000,000 for the International Fund for 
Agricultural Development.

             PHILIPPINE EDUCATION AND HEALTH INFRASTRUCTURE

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

                            BASIC EDUCATION

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

 PARTICIPATION IN THE THIRTEENTH REPLENISHMENT OF THE RESOURCES OF THE 
                 INTERNATIONAL DEVELOPMENT ASSOCIATION

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

``SEC. 22. THIRTEENTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of 
        the Association may contribute on behalf of the United 
        States an amount equal to the amount appropriated under 
        subsection (b), pursuant to the resolution of the 
        Association entitled `Additions to IDA Resources: 
        Thirteenth Replenishment'.
            ``(2) Subject to appropriations.--Any commitment to 
        make the contribution authorized by paragraph (1) shall 
        be effective only to such extent or in such amounts as 
        are provided in advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For 
the contribution authorized by subsection (a), there are 
authorized to be appropriated such sums as may be necessary for 
payment by the Secretary of the Treasury, without fiscal year 
limitation.''.

     ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL DEVELOPMENT 
                              INSTITUTIONS

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

``SEC. 1504. ADMINISTRATIVE PROVISIONS.

    ``(a) Achievement of Certain Policy Goals.--The Secretary 
of Treasury should instruct the United States Executive 
Director at each multilateral development institution to inform 
the institution of the following United States policy goals, 
and use the voice and vote of the United States to achieve the 
goals at the institution before June 30, 2005:
            ``(1) No later than 60 calendar days after the 
        Board of Directors of the institution approves the 
        minutes of a Board meeting, the institution shall post 
        on its website an electronic version of the minutes, 
        with material deemed too sensitive for public 
        distribution redacted.
            ``(2) The institution shall keep a written 
        transcript or electronic recording of each meeting of 
        its Board of Directors and preserve the transcript or 
        recording for at least 10 years after the meeting.
            ``(3) All public sector loan, credit and grant 
        documents, country assistance strategies, sector 
        strategies, and sector policies prepared by the 
        institution and presented for endorsement or approval 
        by its Board of Directors, with materials deemed too 
        sensitive for public distribution redacted or withheld, 
        shall be made available to the public 15 calendar days 
        before consideration by the Board or, if not then 
        available, when the documents are distributed to the 
        Board. Such documents shall include the resources and 
        conditionality necessary to ensure that the borrower 
        complies with applicable laws in carrying out the terms 
        and conditions of such documents, strategies, or 
        policies, including laws pertaining to the integrity 
        and transparency of the process such as public 
        consultation, and to public health and safety and 
        environmental protection.
            ``(4) The institution shall post on its website an 
        annual report containing statistical summaries and case 
        studies of the fraud and corruption cases pursued by 
        its investigations unit.
            ``(5) The institution shall require that any 
        health, education, or poverty-focused loan, credit, 
        grant, document, policy, or strategy prepared by the 
        institution includes specific outcome and output 
        indicators to measure results, and that the indicators 
        and results be published periodically during the 
        execution, and at the completion, of the project or 
        program.
            ``(6) The institution shall establish a plan and 
        schedule for conducting regular, independent audits of 
        internal management controls and procedures for meeting 
        operational objectives, complying with Bank policies, 
        and preventing fraud, and making reports describing the 
        scope and findings of such audits available to the 
        public.
            ``(7) The institution shall establish effective 
        procedures for the receipt, retention, and treatment of 
        (A) complaints received by the Bank regarding fraud, 
        accounting, mismanagement, internal accounting 
        controls, or auditing matters; and (B) the 
        confidential, anonymous submission by employees of the 
        Bank of concerns regarding fraud, accounting, 
        mismanagement, internal accounting controls, or 
        auditing matters.
    ``(b) Not later than September 1, 2004 and six months 
thereafter, the Secretary of the Treasury shall submit a report 
to the appropriate congressional committees describing the 
actions taken by each multilateral development institution to 
implement the policy goals described in subsection (a), and any 
further actions that need to be taken to fully implement such 
goals.
    ``(c) Publication of Written Statements Regarding 
Inspection Mechanism Cases.--No later than 60 calendar days 
after a meeting of the Board of Directors of a multilateral 
development institution, the Secretary of the Treasury should 
provide for publication on the website of the Department of the 
Treasury of any written statement presented at the meeting by 
the United States Executive Director at the institution 
concerning--
            ``(1) a project on which a claim has been made to 
        the inspection mechanism of the institution; or
            ``(2) a pending inspection mechanism case.
    ``(d) Congressional Briefings.--The Secretary of the 
Treasury or the designee of the Secretary should brief the 
appropriate congressional committees, when requested, on the 
steps that have been taken by the United States Executive 
Director at any multilateral development institution, and by 
any such institution, to implement the measures described in 
this section.
    ``(e) Publication of `No' Votes and Abstentions by the 
United States.--Each month, the Secretary of the Treasury 
should provide for posting on the website of the Department of 
the Treasury of a record of all `no' votes and abstentions made 
by the United States Executive Director at any multilateral 
development institution on any matter before the Board of 
Directors of the institution.
    ``(f) Multilateral Development Institution Defined.--In 
this section, the term `multilateral development institution' 
shall have the meaning given in section 1701(c)(3).''.

  PARTICIPATION IN THE SEVENTH REPLENISHMENT OF THE RESOURCES OF THE 
                         ASIAN DEVELOPMENT FUND

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

``SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of 
        the Bank may contribute on behalf of the United States 
        an amount equal to the amount appropriated under 
        subsection (b), pursuant to the resolution of the Bank 
        entitled `Seventh Replenishment of the Asian 
        Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to 
        make the contribution authorized by paragraph (1) shall 
        be effective only to such extent or in such amounts as 
        are provided in advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For 
the contribution authorized by subsection (a), there are 
authorized to be appropriated such sums as may be necessary for 
payment by the Secretary of the Treasury, without fiscal year 
limitation.''.

   PARTICIPATION IN THE NINTH REPLENISHMENT OF THE RESOURCES OF THE 
                        AFRICAN DEVELOPMENT FUND

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

``SEC. 217. NINTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of 
        the Fund may contribute on behalf of the United States 
        an amount equal to the amount appropriated under 
        subsection (b), pursuant to the resolution of the Fund 
        entitled `The Ninth General Replenishment of Resources 
        of the African Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to 
        make the contribution authorized by paragraph (1) shall 
        be effective only to such extent or in such amounts as 
        are provided in advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For 
the contribution authorized by subsection (a), there are 
authorized to be appropriated such sums as may be necessary for 
payment by the Secretary of the Treasury, without fiscal year 
limitation.''.

    OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK 
                              RESTRICTIONS

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

                        RECONCILIATION PROGRAMS

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

                               NICARAGUA

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

                           DISABILITY ACCESS

    Sec. 587. The Administrator of the United States Agency for 
International Development (``USAID'') shall seek to ensure that 
programs, projects, and activities administered by USAID in 
Afghanistan comply fully with USAID's ``Policy Paper: 
Disability'' issued on September 12, 1997: Provided, That the 
Administrator shall submit a report to the Committees on 
Appropriations not later than December 31, 2004, describing the 
manner in which the needs of people with disabilities were met 
in the development and implementation of USAID programs, 
projects, and activities in Afghanistan in fiscal year 2004: 
Provided further, That the Administrator, not later than 180 
days after enactment of this Act and in consultation, as 
appropriate, with other appropriate departments and agencies, 
the Architectural and Transportation Barriers Compliance Board, 
and nongovernmental organizations with expertise in the needs 
of people with disabilities, shall develop and implement 
appropriate standards for access for people with disabilities 
for construction projects funded by USAID.

                        TRADE CAPACITY BUILDING

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

                          WAR CRIMES IN AFRICA

    Sec. 589. (a) The Congress recognizes the important 
contribution that the democratically elected Government of 
Nigeria has played in fostering stability in West Africa, 
including reaching an agreement with the Government of Liberia 
to provide relief and promote reconciliation in that nation. 
The Congress also recognizes the important contributions of 
other African nations and supports continued assistance aimed 
at resolving the conflicts that have destabilized West Africa 
and the Great Lakes region.
    (b) The Congress reaffirms its support for the efforts of 
the International Criminal Tribunal for Rwanda (ICTR) and the 
Special Court for Sierra Leone (SCSL) to bring to justice 
individuals responsible for war crimes and crimes against 
humanity in a timely manner.
    (c) Funds appropriated by this Act, including funds for 
debt restructuring, may be made available for assistance to the 
central government of a country in which individuals indicted 
by ICTR and SCSL are credibly alleged to be living, if the 
Secretary of State determines and reports to the Committees on 
Appropriations that such government is cooperating with ICTR 
and SCSL, including the surrender and transfer of indictees in 
a timely manner: Provided, That this subsection shall not apply 
to assistance provided under section 551 of the Foreign 
Assistance Act of 1961 or to project assistance under title II 
of this Act: Provided further, That the United States shall use 
its voice and vote in the United Nations Security Council to 
fully support efforts by ICTR and SCSL to bring to justice 
individuals indicted by such tribunals in a timely manner.
    (d) The prohibition in subsection (c) may be waived on a 
country by country basis if the President determines that doing 
so is in the national security interest of the United States: 
Provided, That prior to exercising such waiver authority, the 
President shall report to the Committees on Appropriations, in 
classified form if necessary, on (1) the steps being taken to 
obtain the cooperation of the government in surrendering the 
indictee in question to SCSL or ICTR; (2) a strategy for 
bringing the indictee before ICTR or SCSL; and (3) the 
justification for exercising the waiver authority.
    (e) Of the funds made available under the heading 
``Economic Support Fund'' in Public Law 108-7, not less than 
$5,000,000 shall be made available during fiscal year 2004 for 
a contribution to the Special Court of Sierra Leone: Provided, 
That funds made available under the previous proviso shall be 
disbursed no later than 30 days after enactment of this Act.

                    report on admission of refugees

    Sec. 590. (a) The Secretary of State shall utilize private 
voluntary organizations with expertise in the protection needs 
of refugees in the processing of refugees overseas for 
admission and resettlement to the United States, and shall 
utilize such agencies in addition to the United Nations High 
Commissioner for Refugees in the identification and referral of 
refugees.
    (b) The Secretary of State should establish a system for 
accepting referrals of appropriate candidates for resettlement 
from local private, voluntary organizations and work to ensure 
that particularly vulnerable refugee groups receive special 
consideration for admission into the United States, including--
            (1) long-stayers in countries of first asylum;
            (2) unaccompanied refugee minors;
            (3) refugees outside traditional camp settings; and
            (4) refugees in woman-headed households.
    (c) The Secretary of State shall give special consideration 
to--
            (1) refugees of all nationalities who have close 
        family ties to citizens and residents of the United 
        States; and
            (2) other groups of refugees who are of special 
        concern to the United States.
    (d) Not later than 120 days after the date of enactment of 
this Act, the Secretary of State shall submit a report to the 
Committees on Appropriations describing the steps that have 
been taken to implement this section.

              post differentials and danger pay allowances

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

                          REPORT ON AZERBAIJAN

    Sec. 592. Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State, in consultation 
with the Attorney General, shall submit a report to the 
Committee on Foreign Relations and the Committee on 
Appropriations of the Senate and the Committee on International 
Relations and the Committee on Appropriations of the House of 
Representatives on the investigation of the murder of United 
States democracy worker John Alvis. Such report shall include--
            (1) a description of the steps taken by the 
        Government of Azerbaijan to further such investigation 
        and bring to justice those responsible for the murder 
        of John Alvis;
            (2) a description of the actions of the Government 
        of Azerbaijan to cooperate with United States agencies 
        involved in such investigation; and
            (3) any recommendations of the Secretary for 
        furthering progress of such investigation.

DESIGNATION OF THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS AND MALARIA 
          UNDER THE INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT

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

                            CODE OF CONDUCT

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

                        ASSISTANCE FOR HIV/AIDS

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

     TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC INITIATIVE

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

                               INDONESIA

    Sec. 597. (a) Funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'' may be made 
available for assistance for Indonesia, and licenses may be 
issued for the export of lethal defense articles for the 
Indonesian Armed Forces, only if the President certifies to the 
appropriate congressional committees that--
            (1) the Indonesia Minister of Defense is suspending 
        from the Armed Forces those members, of whatever rank, 
        who have been credibly alleged to have committed gross 
        violations of human rights, or to have aided or abetted 
        militia groups;
            (2) the Indonesian Government is prosecuting those 
        members of the Indonesian Armed Forces, of whatever 
        rank, who have been credibly alleged to have committed 
        gross violations of human rights, or to have aided or 
        abetted militia groups, and is punishing those members 
        of the Indonesian Armed Forces found to have committed 
        such violations of human rights or to have aided or 
        abetted militia groups;
            (3) the Indonesian Armed Forces are cooperating 
        with civilian prosecutors and judicial authorities in 
        Indonesia and with the joint United Nations-East Timor 
        Serious Crimes Unit (SCU) in such cases (including 
        extraditing those indicted by the SCU to East Timor and 
        providing access to witnesses, relevant military 
        documents, and other requested information); and
            (4) the Minister of Defense is making publicly 
        available audits of receipts and expenditures of the 
        Indonesian Armed Forces.
    (b) Congress notes that the Indonesian Government and Armed 
Forces have pledged to cooperate with the Federal Bureau of 
Investigation with respect to its investigation into the August 
31, 2002, murders of two American citizens and one Indonesian 
citizen in Timika, Indonesia. Therefore, funds appropriated 
under the heading ``INTERNATIONAL MILITARY EDUCATION AND 
TRAINING'' may be made available for Indonesia if the Secretary 
of State determines and reports to the appropriate 
congressional committees that the Indonesian Government and 
Armed Forces are cooperating with the Federal Bureau of 
Investigation's investigation: Provided, That this restriction 
shall not apply to expanded international military education 
and training, which may include English language training.

                        RELIGIOUS FREEDOM REPORT

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

                     DELIVERY OF ASSISTANCE BY AIR

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

                 MODIFICATION ON REPORTING REQUIREMENTS

    Sec. 599B. (a) Section 3204(f) of the Emergency 
Supplemental Act, 2000 (Public Law 106-246) is amended--
            (1) in the heading, by striking ``BIMONTHLY'' and 
        inserting ``QUARTERLY'';
            (2) by striking ``60'' and inserting ``90''; and
            (3) by striking ``Congress'' and inserting ``the 
        appropriate congressional committees'';
    (b) The report required by sections 3204(e) of the 
Emergency Supplemental Act, 2000 (Public Law 106-246) is 
amended by striking ``Congress'' and inserting ``the 
appropriate congressional committees'';
    (c) Subsection (a) of section 803 of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 2001, Appendix A of Public Law 106-429 (as 
enacted by section 101(a) of such Public Law) is hereby 
repealed.

                             CPA DETAILEES

    Sec. 599C. The Office of Personnel Management shall provide 
the House and Senate Committees on Appropriations a report of 
the number of Federal employees detailed from each executive 
agency to the Coalition Provisional Authority in Iraq on the 
date of enactment of this Act: Provided, That the report shall 
identify by agency the number of non-reimbursable and 
reimbursable detailees and shall be submitted to the House and 
Senate Committees on Appropriations by February 1, 2004: 
Provided further, That the report shall be updated and 
submitted on a quarterly basis until May, 2005.

               TITLE VI--MILLENNIUM CHALLENGE ACT OF 2003

SEC. 601. SHORT TITLE.

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

SEC. 602. PURPOSES.

    The purposes of this title are--
            (1) to provide United States assistance for global 
        development through the Millennium Challenge 
        Corporation, as described in section 604; and
            (2) to provide such assistance in a manner that 
        promotes economic growth and the elimination of extreme 
        poverty and strengthens good governance, economic 
        freedom, and investments in people.

SEC. 603. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on International 
                Relations and the Committee on Appropriations 
                of the House of Representatives; and
                    (B) the Committee on Foreign Relations and 
                the Committee on Appropriations of the Senate.
            (2) Board.--The term ``Board'' means the Board of 
        Directors of the Corporation established pursuant to 
        section 604(c).
            (3) Candidate country.--The term ``candidate 
        country'' means a country that meets the requirements 
        of section 606.
            (4) Chief executive officer.--The term ``Chief 
        Executive Officer'' means the chief executive officer 
        of the Corporation appointed pursuant to section 
        604(b).
            (5) Compact.--The term ``Compact'' means a 
        Millennium Challenge Compact described in section 609.
            (6) Corporation.--The term ``Corporation'' means 
        the Millennium Challenge Corporation established by 
        section 604(a).
            (7) Eligible country.--The term ``eligible 
        country'' means a candidate country that is determined, 
        under section 607, to be an eligible country to receive 
        assistance under section 605.

SEC. 604. ESTABLISHMENT AND MANAGEMENT OF THE MILLENNIUM CHALLENGE 
                    CORPORATION.

    (a) Establishment.--There is established in the executive 
branch a corporation to be known as the ``Millennium Challenge 
Corporation'' that shall be responsible for carrying out this 
title. The Corporation shall be a government corporation, as 
defined in section 103 of title 5, United States Code.
    (b) Chief Executive Officer.--
            (1) In general.--There shall be in the Corporation 
        a Chief Executive Officer who shall be responsible for 
        the management of the Corporation.
            (2) Appointment.--
                    (A) In general.--Except as provided in 
                subparagraph (B), the Chief Executive Officer 
                shall be appointed by the President, by and 
                with the advice and consent of the Senate.
                    (B) Interim ceo.--The members of the Board 
                of Directors described in subsection (c)(3)(A) 
                may designate by unanimous consent in writing 
                an individual who is an officer within any 
                Federal department or agency (and who has been 
                appointed to such position by the President, by 
                and with the advice and consent of the Senate) 
                to carry out the duties described in this 
                subsection until the Chief Executive Officer is 
                appointed pursuant to subparagraph (A).
            (3) Relationship to board.--The Chief Executive 
        Officer shall report to and be under the direct 
        authority of the Board.
            (4) Compensation and rank.--
                    (A) In general.--The Chief Executive 
                Officer shall be compensated at the rate 
                provided for level II of the Executive Schedule 
                under section 5313 of title 5, United States 
                Code, and shall have the equivalent rank of 
                Deputy Secretary.
                    (B) Amendment.--Section 5313 of title 5, 
                United States Code, is amended by adding at the 
                end the following:
            `` Chief Executive Officer, Millennium Challenge 
        Corporation.''.
            (5) Authorities and duties.--The Chief Executive 
        Officer shall be responsible for the management of the 
        Corporation and shall exercise the powers and discharge 
        the duties of the Corporation.
            (6) Authority to appoint officers.--In consultation 
        and with approval of the Board, the Chief Executive 
        Officer shall appoint all officers of the Corporation.
    (c) Board of Directors.--
            (1) Establishment.--There shall be in the 
        Corporation a Board of Directors.
            (2) Duties.--The Board shall perform the functions 
        specified to be carried out by the Board in this title 
        and may prescribe, amend, and repeal bylaws, rules, 
        regulations, and procedures governing the manner in 
        which the business of the Corporation may be conducted 
        and in which the powers granted to it by law may be 
        exercised.
            (3) Membership.--The Board shall consist of--
                    (A) the Secretary of State, the Secretary 
                of the Treasury, the Administrator of the 
                United States Agency for International 
                Development, the Chief Executive Officer of the 
                Corporation, and the United States Trade 
                Representative; and
                    (B) four other individuals with relevant 
                international experience who shall be appointed 
                by the President, by and with the advice and 
                consent of the Senate, of which--
                            (i) one individual should be 
                        appointed from among a list of 
                        individuals submitted by the majority 
                        leader of the House of Representatives;
                            (ii) one individual should be 
                        appointed from among a list of 
                        individuals submitted by the minority 
                        leader of the House of Representatives;
                            (iii) one individual should be 
                        appointed from among a list of 
                        individuals submitted by the majority 
                        leader of the Senate; and
                            (iv) one individual should be 
                        appointed from among a list of 
                        individuals submitted by the minority 
                        leader of the Senate.
            (4) Terms.--
                    (A) Officers of the federal government.--
                Each member of the Board described in paragraph 
                (3)(A) shall serve for a term that is 
                concurrent with the term of service of the 
                individual's position as an officer within the 
                other Federal department or agency.
                    (B) Other members.--Each member of the 
                Board described in paragraph (3)(B) shall be 
                appointed for a term of 3 years and may be 
                reappointed for a term of an additional 2 
                years.
                    (C) Vacancies.--A vacancy in the Board 
                shall be filled in the manner in which the 
                original appointment was made.
            (5) Chairperson.--There shall be a Chairperson of 
        the Board. The Secretary of State shall serve as the 
        Chairperson.
            (6) Quorum.--A majority of the members of the Board 
        shall constitute a quorum, which, except with respect 
        to a meeting of the Board during the 135-day period 
        beginning on the date of the enactment of this Act, 
        shall include at least one member of the Board 
        described in paragraph (3)(B).
            (7) Meetings.--The Board shall meet at the call of 
        the Chairperson.
            (8) Compensation.--
                    (A) Officers of the federal government.--
                            (i) In general.--A member of the 
                        Board described in paragraph (3)(A) may 
                        not receive additional pay, allowances, 
                        or benefits by reason of the member's 
                        service on the Board.
                            (ii) Travel expenses.--Each such 
                        member of the Board shall receive 
                        travel expenses, including per diem in 
                        lieu of subsistence, in accordance with 
                        applicable provisions under subchapter 
                        I of chapter 57 of title 5, United 
                        States Code.
                    (B) Other members.--
                            (i) In general.--Except as provided 
                        in clause (ii), a member of the Board 
                        described in paragraph (3)(B)--
                                    (I) shall be paid 
                                compensation out of funds made 
                                available for the purposes of 
                                this title at the daily 
                                equivalent of the highest rate 
                                payable under section 5332 of 
                                title 5, United States Code, 
                                for each day (including travel 
                                time) during which the member 
                                is engaged in the actual 
                                performance of duties as a 
                                member of the Board; and
                                    (II) while away from the 
                                member's home or regular place 
                                of business on necessary travel 
                                in the actual performance of 
                                duties as a member of the 
                                Board, shall be paid per diem, 
                                travel, and transportation 
                                expenses in the same manner as 
                                is provided under subchapter I 
                                of chapter 57 of title 5, 
                                United States Code.
                            (ii) Limitation.--A member of the 
                        Board may not be paid compensation 
                        under clause (i)(II) for more than 90 
                        days in any calendar year.

SEC. 605. AUTHORIZATION OF ASSISTANCE.

    (a) Assistance.--Notwithstanding any other provision of law 
(other than a provision of this title), the Board, acting 
through the Chief Executive Officer, is authorized to provide 
assistance under this section for each country that enters into 
a Millennium Challenge Compact with the United States pursuant 
to section 609 to support policies and programs that advance 
the progress of the country in achieving lasting economic 
growth and poverty reduction and are in furtherance of the 
purposes of this title.
    (b) Form of Assistance.--Assistance under this section may 
be provided in the form of grants, cooperative agreements, or 
contracts to or with eligible entities described in subsection 
(c). Assistance under this section may not be provided in the 
form of loans.
    (c) Eligible Entities.--An eligible entity referred to in 
subsection (b) is--
            (1) the national government of the eligible 
        country;
            (2) regional or local governmental units of the 
        country; or
            (3) a nongovernmental organization or a private 
        entity.
    (d) Application.--The Chief Executive Officer, in 
consultation with the Board and working with eligible countries 
selected by the Board for negotiation of Compacts, should 
develop and recommend procedures for considering solicited and 
unsolicited proposals in Compacts prior to an approval of the 
Compacts by the Board.
    (e) Limitations.--
            (1) Prohibition on military assistance and 
        training.--Assistance under this section may not 
        include military assistance or military training for a 
        country.
            (2) Prohibition on assistance relating to united 
        states job loss or production displacement.--Assistance 
        under this section may not be provided for any project 
        that is likely to cause a substantial loss of United 
        States jobs or a substantial displacement of United 
        States production.
            (3) Prohibition on assistance relating to 
        environmental, health, or safety hazards.--Assistance 
        under this section may not be provided for any project 
        that is likely to cause a significant environmental, 
        health, or safety hazard.
            (4) Prohibition on use of funds for abortions and 
        involuntary sterilizations.--The prohibitions on use of 
        funds contained in paragraphs (1) through (3) of 
        section 104(f) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2151b(f)(1)-(3)) shall apply to funds made 
        available to carry out this section to the same extent 
        and in the same manner as such prohibitions apply to 
        funds made available to carry out part I of such Act. 
        The prohibition on use of funds contained in any 
        provision of law comparable to the eleventh and 
        fourteenth provisos under the heading ``Child Survival 
        and Health Programs Fund'' of division E of Public Law 
        108-7 (117 Stat. 162) shall apply to funds made 
        available to carry out this section for fiscal year 
        2004.
    (f) Coordination.--The provision of assistance under this 
section shall be coordinated with other United States foreign 
assistance programs.

SEC. 606. CANDIDATE COUNTRIES.

    (a) Low Income Countries.--
            (1) Fiscal year 2004.--A country shall be a 
        candidate country for purposes of eligibility for 
        assistance for fiscal year 2004 if--
                    (A) the country is eligible for assistance 
                from the International Development Association, 
                and the per capita income of the country is 
                equal to or less than the historical ceiling of 
                the International Development Association for 
                that year, as defined by the International Bank 
                for Reconstruction and Development; and
                    (B) subject to paragraph (3), the country 
                is not ineligible to receive United States 
                economic assistance under part I of the Foreign 
                Assistance Act of 1961 by reason of the 
                application of any provision of the Foreign 
                Assistance Act of 1961 or any other provision 
                of law.
            (2) Fiscal year 2005 and subsequent fiscal years.--
        A country shall be a candidate country for purposes of 
        eligibility for assistance for fiscal year 2005 or a 
        subsequent fiscal year if--
                    (A) the per capita income of the country is 
                equal to or less than the historical ceiling of 
                the International Development Association for 
                the fiscal year involved, as defined by the 
                International Bank for Reconstruction and 
                Development; and
                    (B) the country meets the requirements of 
                paragraph (1)(B).
            (3) Rule of construction.--For the purposes of 
        determining whether a country is eligible for receiving 
        assistance under section 605 pursuant to paragraph 
        (1)(B), the exercise by the President, the Secretary of 
        State, or any other officer or employee of the United 
        States of any waiver or suspension of any provision of 
        law referred to in such paragraph, and notification to 
        the appropriate congressional committees in accordance 
        with such provision of law, shall be construed as 
        satisfying the requirement of such paragraph.
    (b) Lower Middle Income Countries.--
            (1) In general.--In addition to countries described 
        in subsection (a), a country shall be a candidate 
        country for purposes of eligibility for assistance for 
        fiscal year 2006 or a subsequent fiscal year if the 
        country--
                    (A) is classified as a lower middle income 
                country in the then most recent edition of the 
                World Development Report for Reconstruction and 
                Development published by the International Bank 
                for Reconstruction and Development and has an 
                income greater than the historical ceiling for 
                International Development Association 
                eligibility for the fiscal year involved; and
                    (B) meets the requirements of subsection 
                (a)(1)(B).
            (2) Limitation.--The total amount of assistance 
        provided to countries described in paragraph (1) for 
        fiscal year 2006 or any subsequent fiscal year may not 
        exceed 25 percent of the total amount of assistance 
        provided to all countries under section 605 for fiscal 
        year 2006 or the subsequent fiscal year, as the case 
        may be.
    (c) Identification by the Board.--The Board shall identify 
whether a country is a candidate country for purposes of this 
section.

SEC. 607. ELIGIBLE COUNTRIES.

    (a) Determination by the Board.--The Board shall determine 
whether a candidate country is an eligible country for purposes 
of this section. Such determination shall be based, to the 
maximum extent possible, upon objective and quantifiable 
indicators of a country's demonstrated commitment to the 
criteria in subsection (b), and shall, where appropriate, take 
into account and assess the role of women and girls.
    (b) Criteria.--A candidate country should be considered to 
be an eligible country for purposes of this section if the 
Board determines that the country has demonstrated a commitment 
to--
            (1) just and democratic governance, including a 
        demonstrated commitment to--
                    (A) promote political pluralism, equality, 
                and the rule of law;
                    (B) respect human and civil rights, 
                including the rights of people with 
                disabilities;
                    (C) protect private property rights;
                    (D) encourage transparency and 
                accountability of government; and
                    (E) combat corruption;
            (2) economic freedom, including a demonstrated 
        commitment to economic policies that--
                    (A) encourage citizens and firms to 
                participate in global trade and international 
                capital markets;
                    (B) promote private sector growth and the 
                sustainable management of natural resources;
                    (C) strengthen market forces in the 
                economy; and
                    (D) respect worker rights, including the 
                right to form labor unions; and
            (3) investments in the people of such country, 
        particularly women and children, including programs 
        that--
                    (A) promote broad-based primary education; 
                and
                    (B) strengthen and build capacity to 
                provide quality public health and reduce child 
                mortality.
    (c) Selection by the Board.--
            (1) In general.--At the time the Board determines 
        eligible countries under this section for a fiscal 
        year, the Board shall select those eligible countries 
        with respect to which the United States will initially 
        seek to enter into a Millennium Challenge Compact 
        pursuant to section 609.
            (2) Factors.--In selecting eligible countries under 
        paragraph (1), the Board shall consider the following 
        factors:
                    (A) The extent to which the country clearly 
                meets or exceeds the eligibility criteria.
                    (B) The opportunity to reduce poverty and 
                generate economic growth in the country.
                    (C) The availability of amounts to carry 
                out this title.
    (d) Establishment of Criteria and Methodology.--The 
criteria and methodology submitted by the Board to Congress and 
published in the Federal Register under section 608(b)(2) with 
respect to a fiscal year shall remain fixed for purposes of 
eligibility determinations for such year.
    (e) Annual Modification of Criteria and Methodology.--As 
appropriate, the Board, acting through the Chief Executive 
Officer, shall review the eligibility criteria and methodology 
and modify such criteria and methodology in subsequent years 
consistent with section 608(b).

SEC. 608. CONGRESSIONAL AND PUBLIC NOTIFICATION OF CANDIDATE COUNTRIES, 
                    ELIGIBILITY CRITERIA, AND ELIGIBLE COUNTRIES.

    (a) Identification of Candidate Countries.--Not later than 
90 days prior to the date on which the Board determines 
eligible countries under section 607 for a fiscal year, the 
Chief Executive Officer--
            (1) shall prepare and submit to the appropriate 
        congressional committees a report that contains a list 
        of all candidate countries identified under section 
        606, and all countries that would be candidate 
        countries if the countries met the requirement 
        contained in section 606(a)(1)(B), for the fiscal year; 
        and
            (2) shall publish in the Federal Register the 
        information contained in the report described in 
        paragraph (1).
    (b) Identification of Eligibility Criteria and 
Methodology.--Not later than 60 days prior to the date on which 
the Board determines eligible countries under section 607 for a 
fiscal year, the Chief Executive Officer--
            (1) shall prepare and submit to the appropriate 
        congressional committees a report that contains a list 
        of the criteria and methodology described in 
        subsections (a) and (b) of section 607 that will be 
        used to determine eligibility for each candidate 
        country identified under subsection (a);
            (2) shall publish in the Federal Register the 
        information contained in the report described in 
        paragraph (1); and
            (3) may conduct one or more public hearings on the 
        eligibility criteria and methodology.
    (c) Public Comment and Congressional Consultation.--
            (1) Public comment.--The Chief Executive Officer 
        shall, for the 30-day period beginning on the date of 
        publication in the Federal Register of the information 
        contained in the report described in subsection (b)(1), 
        accept public comment and consider such comment for 
        purposes of determining eligible countries under 
        section 607.
            (2) Congressional consultation.--The Chief 
        Executive Officer shall consult with the appropriate 
        congressional committees on the extent to which the 
        candidate countries meet the criteria described in 
        section 607(b).
    (d) Identification of Eligible Countries.--Not later than 5 
days after the date on which the Board determines eligible 
countries under section 607 for a fiscal year, the Chief 
Executive Officer--
            (1) shall prepare and submit to the appropriate 
        congressional committees a report that contains a list 
        of all such eligible countries, an identification of 
        those countries on such list with respect to which the 
        Board will seek to enter into a Compact under section 
        609, and a justification for such eligibility 
        determination and selection for Compact negotiation; 
        and
            (2) shall publish in the Federal Register the 
        information contained in the report described in 
        paragraph (1).

SEC. 609. MILLENNIUM CHALLENGE COMPACT.

    (a) Compact.--The Board, acting through the Chief Executive 
Officer of the Corporation, may provide assistance for an 
eligible country only if the country enters into an agreement 
with the United States, to be known as a ``Millennium Challenge 
Compact'', that establishes a multi-year plan for achieving 
shared development objectives in furtherance of the purposes of 
this title.
    (b) Elements.--
            (1) In general.--The Compact should take into 
        account the national development strategy of the 
        eligible country and shall contain--
                    (A) the specific objectives that the 
                country and the United States expect to achieve 
                during the term of the Compact;
                    (B) the responsibilities of the country and 
                the United States in the achievement of such 
                objectives;
                    (C) regular benchmarks to measure, where 
                appropriate, progress toward achieving such 
                objectives;
                    (D) an identification of the intended 
                beneficiaries, disaggregated by income level, 
                gender, and age, to the maximum extent 
                practicable;
                    (E) a multi-year financial plan, including 
                the estimated amount of contributions by the 
                Corporation and the country and proposed 
                mechanisms to implement the plan and provide 
                oversight, that describes how the requirements 
                of subparagraphs (A) through (D) will be met, 
                including identifying the role of civil society 
                in the achievement of such requirements;
                    (F) where appropriate, a description of the 
                current and potential participation of other 
                donors in the achievement of such objectives;
                    (G) a plan to ensure appropriate fiscal 
                accountability for the use of assistance 
                provided under section 605;
                    (H) where appropriate, a process or 
                processes for consideration of solicited 
                proposals under the Compact as well as a 
                process for consideration of unsolicited 
                proposals by the Corporation and national, 
                regional, or local units of government;
                    (I) a requirement that open, fair, and 
                competitive procedures are used in a 
                transparent manner in the administration of 
                grants or cooperative agreements or the 
                procurement of goods and services for the 
                accomplishment of objectives under the Compact;
                    (J) the strategy of the eligible country to 
                sustain progress made toward achieving such 
                objectives after expiration of the Compact; and
                    (K) a description of the role of the United 
                States Agency for International Development in 
                any design, implementation, and monitoring of 
                programs and activities funded under the 
                Compact.
            (2) Lower middle income countries.--In addition to 
        the elements described in subparagraphs (A) through (K) 
        of paragraph (1), with respect to a lower middle income 
        country described in section 606(b), the Compact shall 
        identify a contribution, as appropriate, from the 
        country relative to its national budget, taking into 
        account the prevailing economic conditions, toward 
        meeting the objectives of the Compact. Any such 
        contribution should be in addition to government 
        spending allocated for such purposes in the country's 
        budget for the year immediately preceding the 
        establishment of the Compact and should continue for 
        the duration of the Compact.
            (3) Definition.--In this subsection, the term 
        ``national development strategy'' means any strategy to 
        achieve market-driven economic growth and eliminate 
        extreme poverty that has been developed by the 
        government of the country in consultation with a wide 
        variety of civic participation, including 
        nongovernmental organizations, private and voluntary 
        organizations, academia, women's and student 
        organizations, local trade and labor unions, and the 
        business community.
    (c) Additional Provision Relating to Prohibition on 
Taxation.--In addition to the elements described in subsection 
(c), each Compact shall contain a provision that states that 
assistance provided by the United States under the Compact 
shall be exempt from taxation by the government of the eligible 
country.
    (d) Local Input.--In entering into a Compact, the United 
States shall seek to ensure that the government of an eligible 
country--
            (1) takes into account the local-level perspectives 
        of the rural and urban poor, including women, in the 
        eligible country; and
            (2) consults with private and voluntary 
        organizations, the business community, and other donors 
        in the eligible country.
    (e) Consultation.--During any discussions with a country 
for the purpose of entering into a Compact with the country, 
officials of the Corporation participating in such discussions 
shall, at a minimum, consult with appropriate officials of the 
United States Agency for International Development, 
particularly with those officials responsible for the 
appropriate region or country on development issues related to 
the Compact.
    (f) Coordination With Other Donors.--To the maximum extent 
feasible, activities undertaken to achieve the objectives of 
the Compact shall be undertaken in coordination with the 
assistance activities of other donors.
    (g) Assistance for Development of Compact.--Notwithstanding 
subsection (a), the Chief Executive Officer may enter into 
contracts or make grants for any eligible country for the 
purpose of facilitating the development and implementation of 
the Compact between the United States and the country.
    (h) Requirement for Approval by the Board.--Each Compact 
shall be approved by the Board before the United States enters 
into the Compact.
    (i) Increase or Extension of Assistance Under a Compact.--
Not later than 15 days after making a determination to increase 
or extend assistance under a Compact with an eligible country, 
the Board, acting through the Chief Executive Officer--
            (1) shall prepare and transmit to the appropriate 
        congressional committees a written report and 
        justification that contains a detailed summary of the 
        proposed increase in or extension of assistance under 
        the Compact and a copy of the full text of the 
        amendment to the Compact; and
            (2) shall publish a detailed summary, full text, 
        and justification of the proposed increase in or 
        extension of assistance under the Compact in the 
        Federal Register and on the Internet website of the 
        Corporation.
    (j) Duration of Compact.--The duration of a Compact shall 
not exceed 5 years.
    (k) Subsequent Compacts.--An eligible country and the 
United States may enter into and have in effect only one 
Compact at any given time under this section. An eligible 
country and the United States may enter into one or more 
subsequent Compacts in accordance with the requirements of this 
title after the expiration of the existing Compact.

SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT.

    (a) Congressional Consultation Prior to Compact 
Negotiations.--Not later than 15 days prior to the start of 
negotiations of a Compact with an eligible country, the Board, 
acting through the Chief Executive Officer--
            (1) shall consult with the appropriate 
        congressional committees with respect to the proposed 
        Compact negotiation; and
            (2) shall identify the objectives and mechanisms to 
        be used for the negotiation of the Compact.
    (b) Congressional and Public Notification After Entering 
Into a Compact.--Not later than 10 days after entering into a 
Compact with an eligible country, the Board, acting through the 
Chief Executive Officer--
            (1) shall provide notification of the Compact to 
        the appropriate congressional committees, including a 
        detailed summary of the Compact and a copy of the text 
        of the Compact; and
            (2) shall publish such detailed summary and the 
        text of the Compact in the Federal Register and on the 
        Internet website of the Corporation.

SEC. 611. SUSPENSION AND TERMINATION OF ASSISTANCE.

    (a) Suspension and Termination of Assistance.--After 
consultation with the Board, the Chief Executive Officer may 
suspend or terminate assistance in whole or in part for a 
country or entity under section 605 if the Chief Executive 
Officer determines that--
            (1) the country or entity is engaged in activities 
        which are contrary to the national security interests 
        of the United States;
            (2) the country or entity has engaged in a pattern 
        of actions inconsistent with the criteria used to 
        determine the eligibility of the country or entity, as 
        the case may be; or
            (3) the country or entity has failed to adhere to 
        its responsibilities under the Compact.
    (b) Reinstatement.--The Chief Executive Officer may 
reinstate assistance for a country or entity under section 605 
only if the Chief Executive Officer determines that the country 
or entity has demonstrated a commitment to correcting each 
condition for which assistance was suspended or terminated 
under subsection (a).
    (c) Congressional Notification.--Not later than 3 days 
after the date on which the Chief Executive Officer suspends or 
terminates assistance under subsection (a) for a country or 
entity, or reinstates assistance under subsection (b) for a 
country or entity, the Chief Executive Officer shall submit to 
the appropriate congressional committees a report that contains 
the determination of the Chief Executive Officer under 
subsection (a) or subsection (b), as the case may be.
    (d) Rule of Construction.--The authority to suspend or 
terminate assistance under this section includes the authority 
to suspend or terminate obligations and sub-obligations.

SEC. 612. DISCLOSURE.

    (a) Requirement for Disclosure.--The Corporation shall make 
available to the public on at least a quarterly basis, the 
following information:
            (1) For assistance provided under section 605--
                    (A) the name of each entity to which 
                assistance is provided;
                    (B) the amount of assistance provided to 
                the entity; and
                    (C) a description of the program or 
                project, including--
                            (i) a description of whether the 
                        program or project was solicited or 
                        unsolicited; and
                            (ii) a detailed description of the 
                        objectives and measures for results of 
                        the program or project.
            (2) For funds allocated or transferred under 
        section 619(b)--
                    (A) the name of each United States 
                Government agency to which such funds are 
                transferred or allocated;
                    (B) the amount of funds transferred or 
                allocated to such agency; and
                    (C) a description of the program or project 
                to be carried out by such agency with such 
                funds.
    (b) Dissemination.--The information required to be 
disclosed under subsection (a) shall be made available to the 
public by means of publication in the Federal Register and on 
the Internet website of the Corporation, as well as by any 
other methods that the Board determines appropriate.

SEC. 613. ANNUAL REPORT.

    (a) Report.--Not later than March 31, 2005, and each March 
31 thereafter, the President shall submit to Congress a report 
on the assistance provided under section 605 during the prior 
fiscal year.
    (b) Contents.--The report shall include the following:
            (1) The amount of obligations and expenditures for 
        assistance provided to each eligible country during the 
        prior fiscal year.
            (2) For each eligible country, an assessment of--
                    (A) the progress made during each year by 
                the country toward achieving the objectives set 
                out in the Compact entered into by the country; 
                and
                    (B) the extent to which assistance provided 
                under section 605 has been effective in helping 
                the country to achieve such objectives.
            (3) A description of the coordination of assistance 
        provided under section 605 with other United States 
        foreign assistance and related trade policies.
            (4) A description of the coordination of assistance 
        provided under section 605 with assistance provided by 
        other donor countries.
            (5) Any other information the President considers 
        relevant with respect to assistance provided under 
        section 605.

SEC. 614. POWERS OF THE CORPORATION; RELATED PROVISIONS.

    (a) Powers.--The Corporation--
            (1) shall have perpetual succession unless 
        dissolved by a law enacted after the date of the 
        enactment of this Act;
            (2) may adopt, alter, and use a seal, which shall 
        be judicially noticed;
            (3) may make and perform such contracts, grants, 
        and other agreements with any person or government 
        however designated and wherever situated, as may be 
        necessary for carrying out the functions of the 
        Corporation;
            (4) may determine and prescribe the manner in which 
        its obligations shall be incurred and its expenses 
        allowed and paid, including expenses for 
        representation;
            (5) may lease, purchase, or otherwise acquire, 
        improve, and use such real property wherever situated, 
        as may be necessary for carrying out the functions of 
        the Corporation;
            (6) may accept cash gifts or donations of services 
        or of property (real, personal, or mixed), tangible or 
        intangible, for the purpose of carrying out the 
        provisions of this title;
            (7) may use the United States mails in the same 
        manner and on the same conditions as the Executive 
        departments;
            (8) may contract with individuals for personal 
        services, who shall not be considered Federal employees 
        for any provision of law administered by the Office of 
        Personnel Management;
            (9) may hire or obtain passenger motor vehicles; 
        and
            (10) shall have such other powers as may be 
        necessary and incident to carrying out this title.
    (b) Principal Office.--The Corporation shall maintain its 
principal office in the metropolitan area of Washington, 
District of Columbia.
    (c) Positions With Foreign Governments.--When approved by 
the Chief Executive Officer, for purposes of implementing a 
Compact, employees of the Corporation (including individuals 
detailed to the Corporation) may accept and hold offices or 
positions to which no compensation is attached with governments 
or governmental agencies of foreign countries or with 
international organizations.
    (d) Other Authorities.--Except to the extent inconsistent 
with the provisions of this title, the administrative 
authorities contained in the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to 
the implementation of this title to the same extent and in the 
same manner as such authorities apply to the implementation of 
those Acts.
    (e) Applicability of Government Corporation Control Act.--
            (1) In general.--The Corporation shall be subject 
        to chapter 91 of subtitle VI of title 31, United States 
        Code, except that the Corporation shall not be 
        authorized to issue obligations or offer obligations to 
        the public.
            (2) Conforming amendment.--Section 9101(3) of title 
        31, United States Code, is amended by adding at the end 
        the following:
                    ``(Q) the Millennium Challenge 
                Corporation.''.
    (f) Inspector General.--
            (1) In general.--The Inspector General of the 
        United States Agency for International Development 
        shall serve as Inspector General of the Corporation, 
        and, in acting in such capacity, may conduct reviews, 
        investigations, and inspections of all aspects of the 
        operations and activities of the Corporation.
            (2) Authority of the board.--In carrying out the 
        responsibilities under this subsection, the Inspector 
        General shall report to and be under the general 
        supervision of the Board.
            (3) Reimbursement and authorization of services.--
                    (A) Reimbursement.--The Corporation shall 
                reimburse the United States Agency for 
                International Development for all expenses 
                incurred by the Inspector General in connection 
                with the Inspector General's responsibilities 
                under this subsection.
                    (B) Authorization for services.--Of the 
                amount authorized to be appropriated under 
                section 619(a) for a fiscal year, up to 
                $5,000,000 is authorized to be made available 
                to the Inspector General of the United States 
                Agency for International Development to conduct 
                reviews, investigations, and inspections of 
                operations and activities of the Corporation.
    (g) Special Assistance.--
            (1) In general.--The Chief Executive Officer is 
        authorized to contract with any nongovernmental 
        organization (including a university, independent 
        foundation, or other organization) in the United States 
        or in a candidate country, and, where appropriate, 
        directly with a governmental agency of any such 
        country, that is undertaking research aimed at 
        improving data related to eligibility criteria under 
        this title with respect to the country.
            (2) Funding.--Of the amount authorized to be 
        appropriated under section 619(a) for a fiscal year, up 
        to $5,000,000 is authorized to be made available to 
        carry out paragraph (1).

SEC. 615. COORDINATION WITH UNITED STATES AGENCY FOR INTERNATIONAL 
                    DEVELOPMENT.

    (a) Requirement for Coordination.--The Chief Executive 
Officer shall consult with the Administrator of the United 
States Agency for International Development in order to 
coordinate the activities of the Corporation with the 
activities of the Agency.
    (b) USAID Programs.--The Administrator of the United States 
Agency for International Development shall seek to ensure that 
appropriate programs of the Agency play a primary role in 
preparing candidate countries to become eligible countries.

SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.

    (a) Authorization.--The Board, acting through the Chief 
Executive Officer, is authorized to provide assistance to a 
candidate country described in subsection (b) for the purpose 
of assisting such country to become an eligible country.
    (b) Candidate Country Described.--A candidate country 
referred to in subsection (a) is a candidate country that--
            (1) satisfies the requirements contained in 
        subparagraphs (A) and (B) of section 606(a)(1); and
            (2) demonstrates a significant commitment to meet 
        the requirements of section 607(b) but fails to meet 
        such requirements (including by reason of the absence 
        or unreliability of data).
    (c) Administration.--Assistance under this section may be 
provided through the United States Agency for International 
Development.
    (d) Funding.--Not more than 10 percent of the amount 
appropriated pursuant to the authorization of appropriations 
under section 619(a) for fiscal year 2004 is authorized to be 
made available to carry out this section.

SEC. 617. GENERAL PERSONNEL AUTHORITIES.

    (a) Detail of Personnel.--Upon request of the Chief 
Executive Officer, the head of an agency may detail any 
employee of such agency to the Corporation on a reimbursable 
basis. Any employee so detailed remains, for the purpose of 
preserving such employee's allowances, privileges, rights, 
seniority, and other benefits, an employee of the agency from 
which detailed.
    (b) Reemployment Rights.--
            (1) In general.--An employee of an agency who is 
        serving under a career or career conditional 
        appointment (or the equivalent), and who, with the 
        consent of the head of such agency, transfers to the 
        Corporation, is entitled to be reemployed in such 
        employee's former position or a position of like 
        seniority, status, and pay in such agency, if such 
        employee--
                    (A) is separated from the Corporation for 
                any reason, other than misconduct, neglect of 
                duty, or malfeasance; and
                    (B) applies for reemployment not later than 
                90 days after the date of separation from the 
                Corporation.
            (2) Specific rights.--An employee who satisfies 
        paragraph (1) is entitled to be reemployed (in 
        accordance with such paragraph) within 30 days after 
        applying for reemployment and, on reemployment, is 
        entitled to at least the rate of basic pay to which 
        such employee would have been entitled had such 
        employee never transferred.
    (c) Hiring Authority.--Of persons employed by the 
Corporation, not to exceed 30 persons may be appointed, 
compensated, or removed without regard to the civil service 
laws and regulations.
    (d) Basic Pay.--The Chief Executive Officer may fix the 
rate of basic pay of employees of the Corporation without 
regard to the provisions of chapter 51 of title 5, United 
States Code (relating to the classification of positions), 
subchapter III of chapter 53 of such title (relating to General 
Schedule pay rates), except that no employee of the Corporation 
may receive a rate of basic pay that exceeds the rate for level 
II of the Executive Schedule under section 5313 of such title.
    (e) Definitions.--In this section--
            (1) the term ``agency'' means an Executive agency, 
        as defined by section 105 of title 5, United States 
        Code; and
            (2) the term ``detail'' means the assignment or 
        loan of an employee, without a change of position, from 
        the agency by which such employee is employed to the 
        Corporation.

SEC. 618. PERSONNEL OUTSIDE THE UNITED STATES.

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

SEC. 619. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this title such sums as may be 
necessary for each of the fiscal years 2004 and 2005.
    (b) Allocation of Funds.--
            (1) In general.--The Corporation may allocate or 
        transfer to any agency of the United States Government 
        any of the funds available for carrying out this title. 
        Such funds shall be available for obligation and 
        expenditure for the purposes for which the funds were 
        authorized, in accordance with authority granted in 
        this title or under authority governing the activities 
        of the United States Government agency to which such 
        funds are allocated or transferred.
            (2) Notification.--The Corporation shall notify the 
        appropriate congressional committees not less than 15 
        days prior to an allocation or transfer of funds 
        pursuant to paragraph (1).
    This division may be cited as the ``Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 
2004''.

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

                                 AN ACT

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

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

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration

                    TRAINING AND EMPLOYMENT SERVICES

    For necessary expenses of the Workforce Investment Act of 
1998, including the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repair of buildings 
and other facilities, and the purchase of real property for 
training centers as authorized by the Workforce Investment Act 
of 1998; $2,697,654,000 plus reimbursements, of which 
$1,666,473,000 is available for obligation for the period July 
1, 2004 through June 30, 2005; except that amounts determined 
by the Secretary of Labor to be necessary pursuant to sections 
173(a)(4)(A) and 174(c) of such Act shall be available from 
October 1, 2003 until expended; of which $1,000,965,000 is 
available for obligation for the period April 1, 2004 through 
June 30, 2005, to carry out chapter 4 of the Workforce 
Investment Act of 1998; and of which $30,216,000 is available 
for the period July 1, 2004 through June 30, 2007 for necessary 
expenses of construction, rehabilitation, and acquisition of 
Job Corps centers: Provided, That notwithstanding any other 
provision of law, of the funds provided herein under section 
137(c) of the Workforce Investment Act of 1998, $276,608,000 
shall be for activities described in section 132(a)(2)(A) of 
such Act and $1,180,152,000 shall be for activities described 
in section 132(a)(2)(B) of such Act: Provided further, That 
funds provided to carry out section 132(a)(2)(A) of the 
Workforce Investment Act may be used to provide assistance to a 
State for state-wide or local use in order to address cases 
where there have been worker dislocations across multiple 
sectors or across multiple local areas and such workers remain 
dislocated; coordinate the State workforce development plan 
with emerging economic development needs; and train such 
eligible dislocated workers: Provided further, That $9,039,000 
shall be for carrying out section 172 of the Workforce 
Investment Act of 1998: Provided further, That, notwithstanding 
any other provision of law or related regulation, $77,330,000 
shall be for carrying out section 167 of the Workforce 
Investment Act of 1998, including $72,213,000 for formula 
grants, $4,610,000 for migrant and seasonal housing (of which 
not less than 70 percent shall be for permanent housing), and 
$507,000 for other discretionary purposes: Provided further, 
That notwithstanding the transfer limitation under section 
133(b)(4) of such Act, up to 30 percent of such funds may be 
transferred by a local board if approved by the Governor: 
Provided further, That funds provided to carry out section 
171(d) of the Workforce Investment Act of 1998 may be used for 
demonstration projects that provide assistance to new entrants 
in the workforce and incumbent workers: Provided further, That 
funding provided to carry out projects under section 171 of the 
Workforce Investment Act of 1998 that are identified in the 
Conference Agreement, shall not be subject to the requirements 
of section 171(b)(2)(B) of such Act, the requirements of 
section 171(c)(4)(D) of such Act, the joint funding 
requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such 
Act, or any time limit requirements of sections 171(b)(2)(C) 
and 171(c)(4)(B) of such Act: Provided further, That no funds 
from any other appropriation shall be used to provide meal 
services at or for Job Corps centers.
    For necessary expenses of the Workforce Investment Act of 
1998, including the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repair of buildings 
and other facilities, and the purchase of real property for 
training centers as authorized by the Workforce Investment Act 
of 1998; $2,463,000,000 plus reimbursements, of which 
$2,363,000,000 is available for obligation for the period 
October 1, 2004 through June 30, 2005, and of which 
$100,000,000 is available for the period October 1, 2004 
through June 30, 2007, for necessary expenses of construction, 
rehabilitation, and acquisition of Job Corps centers.

            COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

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

              FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

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

     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

    For authorized administrative expenses, $142,520,000, 
together with not to exceed $3,466,861,000 (including not to 
exceed $1,228,000 which may be used for amortization payments 
to States which had independent retirement plans in their State 
employment service agencies prior to 1980), which may be 
expended from the Employment Security Administration Account in 
the Unemployment Trust Fund including the cost of administering 
section 51 of the Internal Revenue Code of 1986, as amended, 
section 7(d) of the Wagner-Peyser Act, as amended, the Trade 
Act of 1974, as amended, the Immigration Act of 1990, and the 
Immigration and Nationality Act, as amended, and of which the 
sums available in the allocation for activities authorized by 
title III of the Social Security Act, as amended (42 U.S.C. 
502-504), and the sums available in the allocation for 
necessary administrative expenses for carrying out 5 U.S.C. 
8501-8523, shall be available for obligation by the States 
through December 31, 2004, except that funds used for 
automation acquisitions shall be available for obligation by 
the States through September 30, 2006; of which $142,520,000, 
together with not to exceed $768,257,000 of the amount which 
may be expended from said trust fund, shall be available for 
obligation for the period July 1, 2004 through June 30, 2005, 
to fund activities under the Act of June 6, 1933, as amended, 
including the cost of penalty mail authorized under 39 U.S.C. 
3202(a)(1)(E) made available to States in lieu of allotments 
for such purpose: Provided, That to the extent that the Average 
Weekly Insured Unemployment (AWIU) for fiscal year 2004 is 
projected by the Department of Labor to exceed 3,227,000, an 
additional $28,600,000 shall be available for obligation for 
every 100,000 increase in the AWIU level (including a pro rata 
amount for any increment less than 100,000) from the Employment 
Security Administration Account of the Unemployment Trust Fund: 
Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center system, or 
which are used to support the national activities of the 
Federal-State unemployment insurance or immigration programs, 
may be obligated in contracts, grants or agreements with non-
State entities: Provided further, That funds appropriated under 
this Act for activities authorized under the Wagner-Peyser Act, 
as amended, and title III of the Social Security Act, may be 
used by the States to fund integrated Employment Service and 
Unemployment Insurance automation efforts, notwithstanding cost 
allocation principles prescribed under Office of Management and 
Budget Circular A-87.

        ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

    For repayable advances to the Unemployment Trust Fund as 
authorized by sections 905(d) and 1203 of the Social Security 
Act, as amended, and to the Black Lung Disability Trust Fund as 
authorized by section 9501(c)(1) of the Internal Revenue Code 
of 1954, as amended; and for nonrepayable advances to the 
Unemployment Trust Fund as authorized by section 8509 of title 
5, United States Code, and to the ``Federal unemployment 
benefits and allowances'' account, to remain available until 
September 30, 2005, $467,000,000.
    In addition, for making repayable advances to the Black 
Lung Disability Trust Fund in the current fiscal year after 
September 15, 2004, for costs incurred by the Black Lung 
Disability Trust Fund in the current fiscal year, such sums as 
may be necessary.

                         PROGRAM ADMINISTRATION

    For expenses of administering employment and training 
programs, $115,824,000, including $2,393,000 to administer 
welfare-to-work grants, together with not to exceed 
$57,820,000, which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund.

               Employee Benefits Security Administration

                         SALARIES AND EXPENSES

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

                  Pension Benefit Guaranty Corporation

               PENSION BENEFIT GUARANTY CORPORATION FUND

    The Pension Benefit Guaranty Corporation is authorized to 
make such expenditures, including financial assistance 
authorized by section 104 of Public Law 96-364, within limits 
of funds and borrowing authority available to such Corporation, 
and in accord with law, and to make such contracts and 
commitments without regard to fiscal year limitations as 
provided by section 104 of the Government Corporation Control 
Act, as amended (31 U.S.C. 9104), as may be necessary in 
carrying out the program, including associated administrative 
expenses, through September 30, 2004 for such Corporation: 
Provided, That none of the funds available to the Corporation 
for fiscal year 2004 shall be available for obligations for 
administrative expenses in excess of $228,772,000: Provided 
further, That obligations in excess of such amount may be 
incurred after approval by the Office of Management and Budget 
and the Committees on Appropriations of the House and Senate.

                  Employment Standards Administration

                         SALARIES AND EXPENSES

    For necessary expenses for the Employment Standards 
Administration, including reimbursement to State, Federal, and 
local agencies and their employees for inspection services 
rendered, $392,872,000, together with $2,036,000 which may be 
expended from the Special Fund in accordance with sections 
39(c), 44(d) and 44(j) of the Longshore and Harbor Workers' 
Compensation Act: Provided, That $1,250,000 shall be for the 
development of an alternative system for the electronic 
submission of reports required to be filed under the Labor-
Management Reporting and Disclosure Act of 1959, as amended, 
and for a computer database of the information for each 
submission by whatever means, that is indexed and easily 
searchable by the public via the Internet: Provided further, 
That the Secretary of Labor is authorized to accept, retain, 
and spend, until expended, in the name of the Department of 
Labor, all sums of money ordered to be paid to the Secretary of 
Labor, in accordance with the terms of the Consent Judgment in 
Civil Action No. 91-0027 of the United States District Court 
for the District of the Northern Mariana Islands (May 21, 
1992): Provided further, That the Secretary of Labor is 
authorized to establish and, in accordance with 31 U.S.C. 3302, 
collect and deposit in the Treasury fees for processing 
applications and issuing certificates under sections 11(d) and 
14 of the Fair Labor Standards Act of 1938, as amended (29 
U.S.C. 211(d) and 214) and for processing applications and 
issuing registrations under title I of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).

                            SPECIAL BENEFITS

                     (INCLUDING TRANSFER OF FUNDS)

    For the payment of compensation, benefits, and expenses 
(except administrative expenses) accruing during the current or 
any prior fiscal year authorized by title 5, chapter 81 of the 
United States Code; continuation of benefits as provided for 
under the heading ``Civilian War Benefits'' in the Federal 
Security Agency Appropriation Act, 1947; the Employees' 
Compensation Commission Appropriation Act, 1944; sections 4(c) 
and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); 
and 50 percent of the additional compensation and benefits 
required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, as amended, $163,000,000, together with such 
amounts as may be necessary to be charged to the subsequent 
year appropriation for the payment of compensation and other 
benefits for any period subsequent to August 15 of the current 
year: Provided, That amounts appropriated may be used under 
section 8104 of title 5, United States Code, by the Secretary 
of Labor to reimburse an employer, who is not the employer at 
the time of injury, for portions of the salary of a reemployed, 
disabled beneficiary: Provided further, That balances of 
reimbursements unobligated on September 30, 2003, shall remain 
available until expended for the payment of compensation, 
benefits, and expenses: Provided further, That in addition 
there shall be transferred to this appropriation from the 
Postal Service and from any other corporation or 
instrumentality required under section 8147(c) of title 5, 
United States Code, to pay an amount for its fair share of the 
cost of administration, such sums as the Secretary determines 
to be the cost of administration for employees of such fair 
share entities through September 30, 2004: Provided further, 
That of those funds transferred to this account from the fair 
share entities to pay the cost of administration of the Federal 
Employees' Compensation Act, $39,315,000 shall be made 
available to the Secretary as follows: (1) for enhancement and 
maintenance of automated data processing systems and 
telecommunications systems, $11,618,000; (2) for automated 
workload processing operations, including document imaging, 
centralized mail intake and medical bill processing, 
$14,496,000; (3) for periodic roll management and medical 
review, $13,201,000; and (4) the remaining funds shall be paid 
into the Treasury as miscellaneous receipts: Provided further, 
That the Secretary may require that any person filing a notice 
of injury or a claim for benefits under chapter 81 of title 5, 
United States Code, or 33 U.S.C. 901 et seq., provide as part 
of such notice and claim, such identifying information 
(including Social Security account number) as such regulations 
may prescribe.

               SPECIAL BENEFITS FOR DISABLED COAL MINERS

    For carrying out title IV of the Federal Mine Safety and 
Health Act of 1977, as amended by Public Law 107-275, (the 
``Act''), $300,000,000, to remain available until expended.
    For making after July 31 of the current fiscal year, 
benefit payments to individuals under title IV of the Act, for 
costs incurred in the current fiscal year, such amounts as may 
be necessary.
    For making benefit payments under title IV for the first 
quarter of fiscal year 2005, $88,000,000, to remain available 
until expended.

    ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                           COMPENSATION FUND

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Act, $55,074,000, to remain 
available until expended: Provided, That the Secretary of Labor 
is authorized to transfer to any executive agency with 
authority under the Energy Employees Occupational Illness 
Compensation Act, including within the Department of Labor, 
such sums as may be necessary in fiscal year 2004 to carry out 
those authorities: Provided further, That the Secretary may 
require that any person filing a claim for benefits under the 
Act provide as part of such claim, such identifying information 
(including Social Security account number) as may be 
prescribed.

                    BLACK LUNG DISABILITY TRUST FUND

                     (INCLUDING TRANSFER OF FUNDS)

    Beginning in fiscal year 2004 and thereafter, such sums as 
may be necessary from the Black Lung Disability Trust Fund, to 
remain available until expended, for payment of all benefits 
authorized by section 9501(d)(1), (2), (4), and (7) of the 
Internal Revenue Code of 1954, as amended; and interest on 
advances, as authorized by section 9501(c)(2) of that Act. In 
addition, the following amounts shall be available from the 
Fund for fiscal year 2004 for expenses of operation and 
administration of the Black Lung Benefits program, as 
authorized by section 9501(d)(5): $32,004,000 for transfer to 
the Employment Standards Administration, ``Salaries and 
Expenses''; $23,401,000 for transfer to Departmental 
Management, ``Salaries and Expenses''; $338,000 for transfer to 
Departmental Management, ``Office of Inspector General''; and 
$356,000 for payments into miscellaneous receipts for the 
expenses of the Department of the Treasury.

             Occupational Safety and Health Administration

                         SALARIES AND EXPENSES

    For necessary expenses for the Occupational Safety and 
Health Administration, $460,786,000, including not to exceed 
$92,505,000 which shall be the maximum amount available for 
grants to States under section 23(g) of the Occupational Safety 
and Health Act (the ``Act''), which grants shall be no less 
than 50 percent of the costs of State occupational safety and 
health programs required to be incurred under plans approved by 
the Secretary under section 18 of the Act; and, in addition, 
notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $750,000 per fiscal year 
of training institute course tuition fees, otherwise authorized 
by law to be collected, and may utilize such sums for 
occupational safety and health training and education grants: 
Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary 
of Labor is authorized, during the fiscal year ending September 
30, 2004, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize 
such sums, in accordance with the provisions of 29 U.S.C. 9a, 
to administer national and international laboratory recognition 
programs that ensure the safety of equipment and products used 
by workers in the workplace: Provided further, That none of the 
funds appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any 
standard, rule, regulation, or order under the Act which is 
applicable to any person who is engaged in a farming operation 
which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds 
appropriated under this paragraph shall be obligated or 
expended to administer or enforce any standard, rule, 
regulation, or order under the Act with respect to any employer 
of 10 or fewer employees who is included within a category 
having an occupational injury lost workday case rate, at the 
most precise Standard Industrial Classification Code for which 
such data are published, less than the national average rate as 
such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with 
section 24 of that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, 
        consultation, technical assistance, educational and 
        training services, and to conduct surveys and studies;
            (2) to conduct an inspection or investigation in 
        response to an employee complaint, to issue a citation 
        for violations found during such inspection, and to 
        assess a penalty for violations which are not corrected 
        within a reasonable abatement period and for any 
        willful violations found;
            (3) to take any action authorized by such Act with 
        respect to imminent dangers;
            (4) to take any action authorized by such Act with 
        respect to health hazards;
            (5) to take any action authorized by such Act with 
        respect to a report of an employment accident which is 
        fatal to one or more employees or which results in 
        hospitalization of two or more employees, and to take 
        any action pursuant to such investigation authorized by 
        such Act; and
            (6) to take any action authorized by such Act with 
        respect to complaints of discrimination against 
        employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to 
any person who is engaged in a farming operation which does not 
maintain a temporary labor camp and employs 10 or fewer 
employees: Provided further, That not less than $3,200,000 
shall be used to extend funding for the Institutional 
Competency Building training grants which commenced in 
September 2000, for program activities for the period of 
September 30, 2003 to September 30, 2004, provided that a 
grantee has demonstrated satisfactory performance.

                 Mine Safety and Health Administration

                         SALARIES AND EXPENSES

    For necessary expenses for the Mine Safety and Health 
Administration, $270,826,000, including purchase and bestowal 
of certificates and trophies in connection with mine rescue and 
first-aid work, and the hire of passenger motor vehicles, 
including $100,000 for an award to the Stolar Research 
Corporation to further develop and demonstrate electromagnetic 
wave detection technology, and other purposes, in Allegheny 
County, Pennsylvania; including $1,000,000 for an award to the 
National Technology Transfer Center for a coal slurry 
impoundment pilot project in southern West Virginia; including 
up to $2,000,000 for mine rescue and recovery activities; in 
addition, not to exceed $750,000 may be collected by the 
National Mine Health and Safety Academy for room, board, 
tuition, and the sale of training materials, otherwise 
authorized by law to be collected, to be available for mine 
safety and health education and training activities, 
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine 
Safety and Health Administration may retain up to $1,000,000 
from fees collected for the approval and certification of 
equipment, materials, and explosives for use in mines, and may 
utilize such sums for such activities; the Secretary is 
authorized to accept lands, buildings, equipment, and other 
contributions from public and private sources and to prosecute 
projects in cooperation with other agencies, Federal, State, or 
private; the Mine Safety and Health Administration is 
authorized to promote health and safety education and training 
in the mining community through cooperative programs with 
States, industry, and safety associations; and any funds 
available to the department may be used, with the approval of 
the Secretary, to provide for the costs of mine rescue and 
survival operations in the event of a major disaster.

                       Bureau of Labor Statistics

                         SALARIES AND EXPENSES

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and 
local agencies and their employees for services rendered, 
$447,088,000, together with not to exceed $75,110,000, which 
may be expended from the Employment Security Administration 
Account in the Unemployment Trust Fund, of which $5,000,000 may 
be used to fund the mass layoff statistics program under 
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).

                 Office of Disability Employment Policy

                         SALARIES AND EXPENSES

    For necessary expenses for the Office of Disability 
Employment Policy to provide leadership, develop policy and 
initiatives, and award grants furthering the objective of 
eliminating barriers to the training and employment of people 
with disabilities, $47,333,000.

                        Departmental Management

                         SALARIES AND EXPENSES

    For necessary expenses for Departmental Management, 
including the hire of three sedans, and including the 
management or operation, through contracts, grants or other 
arrangements of Departmental activities conducted by or through 
the Bureau of International Labor Affairs, including bilateral 
and multilateral technical assistance and other international 
labor activities, $48,565,000, for the acquisition of 
Departmental information technology, architecture, 
infrastructure, equipment, software and related needs which 
will be allocated by the Department's Chief Information Officer 
in accordance with the Department's capital investment 
management process to assure a sound investment strategy; 
$352,514,000; together with not to exceed $316,000, which may 
be expended from the Employment Security Administration Account 
in the Unemployment Trust Fund: Provided, That no funds made 
available by this Act may be used by the Solicitor of Labor to 
participate in a review in any United States court of appeals 
of any decision made by the Benefits Review Board under section 
21 of the Longshore and Harbor Workers' Compensation Act (33 
U.S.C. 921) where such participation is precluded by the 
decision of the United States Supreme Court in Director, Office 
of Workers' Compensation Programs v. Newport News Shipbuilding, 
115 S. Ct. 1278 (1995), notwithstanding any provisions to the 
contrary contained in Rule 15 of the Federal Rules of Appellate 
Procedure: Provided further, That no funds made available by 
this Act may be used by the Secretary of Labor to review a 
decision under the Longshore and Harbor Workers' Compensation 
Act (33 U.S.C. 901 et seq.) that has been appealed and that has 
been pending before the Benefits Review Board for more than 12 
months: Provided further, That any such decision pending a 
review by the Benefits Review Board for more than 1 year shall 
be considered affirmed by the Benefits Review Board on the 1-
year anniversary of the filing of the appeal, and shall be 
considered the final order of the Board for purposes of 
obtaining a review in the United States courts of appeals: 
Provided further, That these provisions shall not be applicable 
to the review or appeal of any decision issued under the Black 
Lung Benefits Act (30 U.S.C. 901 et seq.): Provided further, 
That of the funds provided under this heading, $150,000 shall 
be for a grant to the International Center on Child Labor and 
Education.

                    VETERANS EMPLOYMENT AND TRAINING

    Not to exceed $193,443,000 may be derived from the 
Employment Security Administration Account in the Unemployment 
Trust Fund to carry out the provisions of 38 U.S.C. 4100-4110A, 
4212, 4214, and 4321-4327, and Public Law 103-353, and which 
shall be available for obligation by the States through 
December 31, 2004, of which $2,000,000 is for the National 
Veterans' Employment and Training Services Institute. To carry 
out the Homeless Veterans Reintegration Programs (38 U.S.C. 
2021) and the Veterans Workforce Investment Programs (29 U.S.C. 
2913), $26,550,000 of which $7,550,000 shall be available for 
obligation for the period July 1, 2004 through June 30, 2005.

                      OFFICE OF INSPECTOR GENERAL

    For salaries and expenses of the Office of Inspector 
General in carrying out the provisions of the Inspector General 
Act of 1978, as amended, $60,094,000, together with not to 
exceed $5,730,000, which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund.

                          WORKING CAPITAL FUND

    For the acquisition of a new core accounting system for the 
Department of Labor, including hardware and software 
infrastructure and the costs associated with implementation 
thereof, $13,850,000.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds appropriated in this title for 
the Job Corps shall be used to pay the compensation of an 
individual, either as direct costs or any proration as an 
indirect cost, at a rate in excess of Executive Level II.

                          (TRANSFER OF FUNDS)

    Sec. 102. Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended) which are appropriated for the 
current fiscal year for the Department of Labor in this Act may 
be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any 
such transfer: Provided, That the Appropriations Committees of 
both Houses of Congress are notified at least 15 days in 
advance of any transfer.
    Sec. 103. In accordance with Executive Order No. 13126, 
none of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended for the 
procurement of goods mined, produced, manufactured, or 
harvested or services rendered, whole or in part, by forced or 
indentured child labor in industries and host countries already 
identified by the United States Department of Labor prior to 
enactment of this Act.
    Sec. 104. There is authorized to be appropriated such sums 
as may be necessary to the Denali Commission through the 
Department of Labor to conduct job training of the local 
workforce where Denali Commission projects will be constructed.
    Sec. 105. Of the funds appropriated for fiscal year 1999 
under section 403(a)(5)(H)(i)(II) of the Social Security Act 
(42 U.S.C. 603(a)(5)(H)(i)(II)) that were allotted as welfare 
to work formula grants to the States under section 403(a)(5)(A) 
of such Act (42 U.S.C. 603(a)(5)(A)), there is hereby rescinded 
any funds that are unexpended by the States as of the date of 
enactment of this section, except for such funds as the 
Secretary of Labor determines are necessary for States to carry 
out administrative activities relating to the close out of such 
grants. Notwithstanding section 403(a)(5) of the Social 
Security Act (42 U.S.C. 603(a)(5)), the Secretary of Labor may 
take such actions as the Secretary determines are appropriate 
to facilitate the orderly and equitable close out of such 
grants, consistent with the requirements of this section.
    Sec. 106. (a) Findings.--Congress finds that--
            (1) it is projected that the Department of Labor, 
        in conjunction with labor, industry, and the National 
        Institute for Occupational Safety and Health, will be 
        undertaking several months of testing on Personal Dust 
        Monitor production prototypes; and
            (2) the testing of Personal Dust Monitor prototypes 
        is set to begin (by late May or early June of 2004) 
        following the scheduled delivery of the Personal Dust 
        Monitors in May 2004.
    (b) Re-proposal of Rule.--Following the successful 
demonstration of Personal Dust Monitor technology, and if the 
Secretary of Labor makes a determination that Personal Dust 
Monitors can be effectively applied in a regulatory scheme, the 
Secretary of Labor shall re-propose a rule on respirable coal 
dust which incorporates the use of Personal Dust Monitors, and, 
if such rule is re-proposed, the Secretary shall comply with 
the regular procedures applicable to Federal rulemaking.
    Sec. 107. The Secretary of Labor shall transfer, without 
charge or consideration, to Hamilton County, Ohio all rights, 
title, and interest (including all federal equity) the United 
States holds in the real property located at 1916 Central 
Parkway, Cincinnati, Ohio to the extent such rights, title, or 
interest were acquired through grants to the State of Ohio 
under title III of the Social Security Act or the Wagner-Peyser 
Act or acquired through funds distributed to the State of Ohio 
under section 903 of the Social Security Act.
    Sec. 108. Fair Labor Standards Act Woodworking Exemption. 
Section 13(c) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 213(c)) is amended by adding at the end the following:
    ``(7)(A)(i) Subject to subparagraph (B), in the 
administration and enforcement of the child labor provisions of 
this Act, it shall not be considered oppressive child labor for 
a new entrant into the workforce to be employed inside or 
outside places of business where machinery is used to process 
wood products.
    ``(ii) In this paragraph, the term `new entrant into the 
workforce' means an individual who--
            ``(I) is under the age of 18 and at least the age 
        of 14, and
            ``(II) by statute or judicial order is exempt from 
        compulsory school attendance beyond the eighth grade.
    ``(B) The employment of a new entrant into the workforce 
under subparagraph (A) shall be permitted--
            ``(i) if the entrant is supervised by an adult 
        relative of the entrant or is supervised by an adult 
        member of the same religious sect or division as the 
        entrant;
            ``(ii) if the entrant does not operate or assist in 
        the operation of power-driven woodworking machines;
            ``(iii) if the entrant is protected from wood 
        particles or other flying debris within the workplace 
        by a barrier appropriate to the potential hazard of 
        such wood particles or flying debris or by maintaining 
        a sufficient distance from machinery in operation; and
            ``(iv) if the entrant is required to use personal 
        protective equipment to prevent exposure to excessive 
        levels of noise and saw dust.''.
    This title may be cited as the ``Department of Labor 
Appropriations Act, 2004''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     HEALTH RESOURCES AND SERVICES

    For carrying out titles II, III, IV, VII, VIII, X, XII, 
XIX, and XXVI of the Public Health Service Act, section 427(a) 
of the Federal Coal Mine Health and Safety Act, title V 
(including section 510), and sections 1128E, 711 and 1820 of 
the Social Security Act, the Health Care Quality Improvement 
Act of 1986, as amended, the Native Hawaiian Health Care Act of 
1988, as amended, the Cardiac Arrest Survival Act of 2000, and 
the Poison Control Center Enhancement and Awareness Act, 
$6,698,437,000, of which $367,563,000 shall be available for 
construction and renovation (including equipment) of health 
care and other facilities, abstinence education and related 
services, and other health-related activities as specified in 
the statement of the managers on the conference report 
accompanying this Act, and of which $39,740,000 from general 
revenues, notwithstanding section 1820(j) of the Social 
Security Act, shall be available for carrying out the Medicare 
rural hospital flexibility grants program under section 1820 of 
such Act: Provided, That of the funds made available under this 
heading, $250,000 shall be available until expended for 
facilities renovations at the Gillis W. Long Hansen's Disease 
Center: Provided further, That in addition to fees authorized 
by section 427(b) of the Health Care Quality Improvement Act of 
1986, fees shall be collected for the full disclosure of 
information under the Act sufficient to recover the full costs 
of operating the National Practitioner Data Bank, and shall 
remain available until expended to carry out that Act: Provided 
further, That fees collected for the full disclosure of 
information under the ``Health Care Fraud and Abuse Data 
Collection Program'', authorized by section 1128E(d)(2) of the 
Social Security Act, shall be sufficient to recover the full 
costs of operating the program, and shall remain available 
until expended to carry out that Act: Provided further, That 
$25,000,000 of the funding provided for community health 
centers shall be used for base grant adjustments for existing 
centers: Provided further, That no more than $4,850,000 is 
available for carrying out the provisions of U.S.C. Title 42 
Section 233(o) including associated administrative expenses: 
Provided further, That no more than $45,000,000 is available 
for carrying out the provisions of Public Law 104-73: Provided 
further, That $10,000,000 is available until expended to 
establish a National Cord Blood Stem Cell Bank Program as 
described in the statement of the managers on the conference 
report accompanying this Act: Provided further, That of the 
funds made available under this heading, $280,000,000 shall be 
for the program under title X of the Public Health Service Act 
to provide for voluntary family planning projects: Provided 
further, That amounts provided to said projects under such 
title shall not be expended for abortions, that all pregnancy 
counseling shall be nondirective, and that such amounts shall 
not be expended for any activity (including the publication or 
distribution of literature) that in any way tends to promote 
public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That 
$753,317,000 shall be for State AIDS Drug Assistance Programs 
authorized by section 2616 of the Public Health Service Act: 
Provided further, That in addition to amounts provided herein, 
$25,000,000 shall be available from amounts available under 
section 241 of the Public Health Service Act to carry out Parts 
A, B, C, and D of title XXVI of the Public Health Service Act 
to fund section 2691 Special Projects of National Significance: 
Provided further, That notwithstanding section 502(a)(1) of the 
Social Security Act, not to exceed $121,130,000 is available 
for carrying out special projects of regional and national 
significance pursuant to section 501(a)(2) of such Act: 
Provided further, That $70,488,000 is available for special 
projects of regional and national significance under section 
501(a)(2) of the Social Security Act, which shall not be 
counted toward compliance with the allocation required in 
section 502(a)(1) of such Act, and which shall be used only for 
making competitive grants to provide abstinence education (as 
defined in section 510(b)(2) of such Act) to adolescents and 
for Federal costs of administering the grants: Provided 
further, That grants under the immediately preceding proviso 
shall be made only to public and private entities which agree 
that, with respect to an adolescent to whom the entities 
provide abstinence education under such grant, the entities 
will not provide to that adolescent any other education 
regarding sexual conduct, except that, in the case of an entity 
expressly required by law to provide health information or 
services the adolescent shall not be precluded from seeking 
health information or services from the entity in a different 
setting than the setting in which the abstinence education was 
provided: Provided further, That in addition to amounts 
provided herein for abstinence education to adolescents, 
$4,500,000 shall be available from amounts available under 
section 241 of the Public Health Service Act to carry out 
evaluations (including longitudinal evaluations) of adolescent 
pregnancy prevention approaches.

           HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

    Such sums as may be necessary to carry out the purpose of 
the program, as authorized by title VII of the Public Health 
Service Act, as amended. For administrative expenses to carry 
out the guaranteed loan program, including section 709 of the 
Public Health Service Act, $3,389,000.

             VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

    For payments from the Vaccine Injury Compensation Program 
Trust Fund, such sums as may be necessary for claims associated 
with vaccine-related injury or death with respect to vaccines 
administered after September 30, 1988, pursuant to subtitle 2 
of title XXI of the Public Health Service Act, to remain 
available until expended: Provided, That for necessary 
administrative expenses, not to exceed $3,222,000 shall be 
available from the Trust Fund to the Secretary of Health and 
Human Services.

               Centers for Disease Control and Prevention

                DISEASE CONTROL, RESEARCH, AND TRAINING

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, 
and XXVI of the Public Health Service Act, sections 101, 102, 
103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and 
Health Act of 1977, sections 20, 21, and 22 of the Occupational 
Safety and Health Act of 1970, title IV of the Immigration and 
Nationality Act, and section 501 of the Refugee Education 
Assistance Act of 1980; including purchase and insurance of 
official motor vehicles in foreign countries; and purchase, 
hire, maintenance, and operation of aircraft, $4,545,472,000, 
of which $262,000,000 shall remain available until expended for 
equipment, and construction and renovation of facilities, and 
of which $293,569,000 for international HIV/AIDS shall remain 
available until September 30, 2005, including $150,000,000, to 
remain available until expended for the ``International Mother 
and Child HIV Prevention Initiative.'' In addition, such sums 
as may be derived from authorized user fees, which shall be 
credited to this account: Provided, That in addition to amounts 
provided herein, $14,000,000 shall be available from amounts 
available under section 241 of the Public Health Service Act to 
carry out the National Immunization Surveys: Provided further, 
That in addition to amounts provided herein, $127,634,000 shall 
be available from amounts available under section 241 of the 
Public Health Service Act to carry out the National Center for 
Health Statistics surveys: Provided further, That in addition 
to amounts provided herein, $28,600,000 shall be available from 
amounts available under section 241 of the Public Health 
Service Act to carry out information systems standards 
development and architecture and applications-based research 
used at local public health levels: Provided further, That in 
addition to amounts provided herein, $41,900,000 shall be 
available from amounts available under section 241 of the 
Public Health Service Act to carry out Research Tools and 
Approaches activities within the National Occupational Research 
Agenda: Provided further, That none of the funds made available 
for injury prevention and control at the Centers for Disease 
Control and Prevention may be used, in whole or in part, to 
advocate or promote gun control: Provided further, That the 
Director may redirect the total amount made available under 
authority of Public Law 101-502, section 3, dated November 3, 
1990, to activities the Director may so designate: Provided 
further, That the Congress is to be notified promptly of any 
such transfer: Provided further, That not to exceed $12,500,000 
may be available for making grants under section 1509 of the 
Public Health Service Act to not more than 15 States: Provided 
further, That without regard to existing statute, funds 
appropriated may be used to proceed, at the discretion of the 
Centers for Disease Control and Prevention, with property 
acquisition, including a long-term ground lease for 
construction on non-Federal land, to support the construction 
of a replacement laboratory in the Fort Collins, Colorado area: 
Provided further, That notwithstanding any other provision of 
law, a single contract or related contracts for development and 
construction of facilities may be employed which collectively 
include the full scope of the project: Provided further, That 
the solicitation and contract shall contain the clause 
``availability of funds'' found at 48 CFR 52.232-18.

                     National Institutes of Health

                       NATIONAL CANCER INSTITUTE

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

               NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to cardiovascular, lung, and 
blood diseases, and blood and blood products, $2,897,145,000.

         NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

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

    NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to diabetes and digestive and 
kidney disease, $1,682,457,000.

        NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to neurological disorders and 
stroke, $1,510,776,000.

         NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

                     (INCLUDING TRANSFER OF FUNDS)

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to allergy and infectious 
diseases, $4,335,155,000: Provided, That $150,000,000 may be 
made available to International Assistance Programs, ``Global 
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to remain 
available until expended.

             NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

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

        NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to child health and human 
development, $1,250,585,000.

                         NATIONAL EYE INSTITUTE

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to eye diseases and visual 
disorders, $657,199,000.

          NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

    For carrying out sections 301 and 311 and title IV of the 
Public Health Service Act with respect to environmental health 
sciences, $636,974,000.

                      NATIONAL INSTITUTE ON AGING

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

 NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to arthritis and 
musculoskeletal and skin diseases, $504,300,000.

    NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to deafness and other 
communication disorders, $384,477,000.

                 NATIONAL INSTITUTE OF NURSING RESEARCH

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

           NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

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

                    NATIONAL INSTITUTE ON DRUG ABUSE

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

                  NATIONAL INSTITUTE OF MENTAL HEALTH

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

                NATIONAL HUMAN GENOME RESEARCH INSTITUTE

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

      NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to biomedical imaging and 
bioengineering research, $288,900,000.

                 NATIONAL CENTER FOR RESEARCH RESOURCES

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to research resources and 
general research support grants, $1,186,183,000: Provided, That 
none of these funds shall be used to pay recipients of the 
general research support grants program any amount for indirect 
expenses in connection with such grants: Provided further, That 
$119,220,000 shall be for extramural facilities construction 
grants.

       NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE

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

       NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to minority health and health 
disparities research, $192,724,000.

                  JOHN E. FOGARTY INTERNATIONAL CENTER

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

                      NATIONAL LIBRARY OF MEDICINE

    For carrying out section 301 and title IV of the Public 
Health Service Act with respect to health information 
communications, $311,635,000, of which $4,000,000 shall be 
available until expended for improvement of information 
systems: Provided, That in fiscal year 2004, the Library may 
enter into personal services contracts for the provision of 
services in facilities owned, operated, or constructed under 
the jurisdiction of the National Institutes of Health: Provided 
further, That in addition to amounts provided herein, 
$8,200,000 shall be available from amounts available under 
section 241 of the Public Health Service Act to carry out 
National Information Center on Health Services Research and 
Health Care Technology and related health services.

                         OFFICE OF THE DIRECTOR

                     (INCLUDING TRANSFER OF FUNDS)

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health, $329,707,000, of which 
up to $7,500,000 shall be used to carry out section 221 of this 
Act: Provided, That funding shall be available for the purchase 
of not to exceed 29 passenger motor vehicles for replacement 
only: Provided further, That the Director may direct up to 1 
percent of the total amount made available in this or any other 
Act to all National Institutes of Health appropriations to 
activities the Director may so designate: Provided further, 
That no such appropriation shall be decreased by more than 1 
percent by any such transfers and that the Congress is promptly 
notified of the transfer: Provided further, That the National 
Institutes of Health is authorized to collect third party 
payments for the cost of clinical services that are incurred in 
National Institutes of Health research facilities and that such 
payments shall be credited to the National Institutes of Health 
Management Fund: Provided further, That all funds credited to 
the National Institutes of Health Management Fund shall remain 
available for 1 fiscal year after the fiscal year in which they 
are deposited: Provided further, That up to $500,000 shall be 
available to carry out section 499 of the Public Health Service 
Act.

                        BUILDINGS AND FACILITIES

                     (INCLUDING TRANSFER OF FUNDS)

    For the study of, construction of, renovation of, and 
acquisition of equipment for, facilities of or used by the 
National Institutes of Health, including the acquisition of 
real property, $89,500,000, to remain available until expended: 
Provided, That notwithstanding any other provision of law, 
single contracts or related contracts, which collectively 
include the full scope of the project, may be employed for the 
development and construction of the first and second phases of 
the John Edward Porter Neuroscience Research Center: Provided 
further, That the solicitations and contracts shall contain the 
clause ``availability of funds'' found at 48 CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration

               SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

    For carrying out titles V and XIX of the Public Health 
Service Act with respect to substance abuse and mental health 
services, the Protection and Advocacy for Mentally Ill 
Individuals Act of 1986, and section 301 of the Public Health 
Service Act with respect to program management, $3,253,763,000: 
Provided, That in addition to amounts provided herein, 
$79,200,000 shall be available from amounts available under 
section 241 of the Public Health Service Act to carry out 
subpart II of title XIX of the Public Health Service Act to 
fund section 1935(b) technical assistance, national data, data 
collection and evaluation activities, and further that the 
total available under this Act for section 1935(b) activities 
shall not exceed 5 percent of the amounts appropriated for 
subpart II of title XIX: Provided further, That in addition to 
the amounts provided herein, $21,850,000 shall be available 
from amounts available under Section 241 of the Public Health 
Service Act to carry out subpart I of Part B of title XIX of 
the Public Health Service Act to fund section 1920(b) technical 
assistance, data collection and program evaluation activities, 
and further that the total available under this Act for section 
1920(b) activities shall not exceed 5 percent of the amounts 
appropriated for subpart I of Part B of title XIX: Provided 
further, That in addition to amounts provided herein, 
$16,000,000 shall be made available from amounts available 
under section 241 of the Public Health Service Act to carry out 
national surveys on drug abuse.

               Agency for Healthcare Research and Quality

                    HEALTHCARE RESEARCH AND QUALITY

    For carrying out titles III and IX of the Public Health 
Service Act, and part A of title XI of the Social Security Act, 
amounts received from Freedom of Information Act fees, 
reimbursable and interagency agreements, and the sale of data 
shall be credited to this appropriation and shall remain 
available until expended: Provided, That the amount made 
available pursuant to section 927(c) of the Public Health 
Service Act shall not exceed $303,695,000: Provided further, 
That, of the funds made available under this heading, 
$12,000,000 shall be for the conduct of research on the 
comparative clinical effectiveness, cost-effectiveness, and 
safety of drugs, biological products, and devices.

               Centers for Medicare and Medicaid Services

                     GRANTS TO STATES FOR MEDICAID

    For carrying out, except as otherwise provided, titles XI 
and XIX of the Social Security Act, $130,892,197,000, to remain 
available until expended.
    For making, after May 31, 2004, payments to States under 
title XIX of the Social Security Act for the last quarter of 
fiscal year 2004 for unanticipated costs, incurred for the 
current fiscal year, such sums as may be necessary.
    For making payments to States or in the case of section 
1928 on behalf of States under title XIX of the Social Security 
Act for the first quarter of fiscal year 2005, $58,416,275,000, 
to remain available until expended.
    Payment under title XIX may be made for any quarter with 
respect to a State plan or plan amendment in effect during such 
quarter, if submitted in or prior to such quarter and approved 
in that or any subsequent quarter.

                  PAYMENTS TO HEALTH CARE TRUST FUNDS

    For payment to the Federal Hospital Insurance and the 
Federal Supplementary Medical Insurance Trust Funds, as 
provided under section 1844 of the Social Security Act, 
sections 103(c) and 111(d) of the Social Security Amendments of 
1965, section 278(d) of Public Law 97-248, and for 
administrative expenses incurred pursuant to section 201(g) of 
the Social Security Act, $95,084,100,000.

                           PROGRAM MANAGEMENT

    For carrying out, except as otherwise provided, titles XI, 
XVIII, XIX, and XXI of the Social Security Act, titles XIII and 
XXVII of the Public Health Service Act, and the Clinical 
Laboratory Improvement Amendments of 1988, not to exceed 
$2,664,994,000, to be transferred from the Federal Hospital 
Insurance and the Federal Supplementary Medical Insurance Trust 
Funds, as authorized by section 201(g) of the Social Security 
Act; together with all funds collected in accordance with 
section 353 of the Public Health Service Act and section 
1857(e)(2) of the Social Security Act, and such sums as may be 
collected from authorized user fees and the sale of data, which 
shall remain available until expended, and together with 
administrative fees collected relative to Medicare overpayment 
recovery activities, which shall remain available until 
expended: Provided, That all funds derived in accordance with 
31 U.S.C. 9701 from organizations established under title XIII 
of the Public Health Service Act shall be credited to and 
available for carrying out the purposes of this appropriation: 
Provided further, That $30,000,000, to remain available until 
September 30, 2005, is for contract costs for CMS's Systems 
Revitalization Plan: Provided further, That $56,991,000, to 
remain available until September 30, 2005, is for contract 
costs for the Healthcare Integrated General Ledger Accounting 
System: Provided further, That of the amounts made available 
for research, demonstration and evaluation, $100,000 is 
available for Advocate Health Care in Oak Brook, Illinois for 
health education programs and services to the deaf and hard-of-
hearing, $1,750,000 is available for AIDS Healthcare Foundation 
in Los Angeles for a demonstration of residential and 
outpatient treatment facilities, $250,000 is available for 
Berwick Hospital Center, Berwick, Pennsylvania for stabilizing 
the workforce for patient care, $163,000 is available for 
Bloomsburg Hospital, Bloomsburg, Pennsylvania for stabilizing 
the workforce for patient care, $275,000 is available for 
Cheyenne River Sioux Tribe in Eagle Butte, South Dakota to 
establish a nursing home, $778,000 is available for Community 
Medical Center, Scranton, Pennsylvania for stabilizing the 
workforce for patient care, $150,000 is available for Cook 
County (Illinois) Bureau of Health Services to improve the 
management of vulnerable patients with poorly controlled 
diabetes, $178,000 is available for Divine Providence Hospital, 
Williamsport, Pennsylvania for stabilizing the workforce for 
patient care, $267,000 is available for Geisinger Wyoming 
Valley Medical Center, Wilkes-Barre, Pennsylvania for 
stabilizing the workforce for patient care, $237,000 is 
available for Hazleton General Hospital, Hazleton, Pennsylvania 
for stabilizing the workforce for patient care, $25,000 is 
available for Hope Worldwide, Philadelphia, Pennsylvania to 
maintain clinical care for recovering drug and alcohol addicts, 
$825,000 is available for Illinois Primary Health Care 
Association for the Shared Integrated Management Information 
System, Springfield, Illinois, $250,000 is available for James 
S. Taylor Memorial Home, Louisville, Kentucky, $100,000 is 
available for Jefferson Area Board for Aging, Charlottesville, 
Virginia, for the Nursing Assistant Institute, $85,000 is 
available for Jersey Shore Hospital, Jersey Shore, Pennsylvania 
for stabilizing the workforce for patient care, $179,000 is 
available for Marian Community Hospital, Carbondale, 
Pennsylvania for stabilizing the workforce for patient care, 
$200,000 is available for Medical Care for Children 
Partnership, Fairfax, Virginia to provide outreach to increase 
access to medical and dental care for children, $393,000 is 
available for Mercy Health Partners, Scranton, Pennsylvania for 
stabilizing the workforce for patient care, $571,000 is 
available for Mercy Hospital, Wilkes-Barre, Pennsylvania for 
stabilizing the workforce for patient care, $63,000 is 
available for Mid-Valley Hospital, Peckville, Pennsylvania for 
stabilizing the workforce for patient care, $510,000 is 
available for Moses Taylor Hospital, Scranton, Pennsylvania for 
stabilizing the workforce for patient care, $109,000 is 
available for Muncy Valley Hospital, Muncy, Pennsylvania for 
stabilizing the workforce for patient care, $225,000 is 
available for Muskegon Community Health Project, Muskegon, 
Michigan, for the Access Health program, $75,000 is available 
for North Penn Visiting Nurse Association, Lansdale, 
Pennsylvania to provide low-cost or free health care to 
children who do not have health insurance, $122,000 is 
available for Patient Advocate Foundation, Newport News, 
Virginia to provide direct intervention assistance to patients 
throughout the United States who are experiencing difficulty in 
accessing quality health care services, $100,000 is available 
for Rhode Island Hospital-Medical Simulation Center of 
Providence, Rhode Island for the creation of a transportable 
simulation-based training curriculum and validated human 
performance measurement system, $256,000 is available for Saint 
Joseph Medical Center, Hazleton, Pennsylvania for stabilizing 
the workforce for patient care, $100,000 is available for Santa 
Clara County, California, for its Children's Health Initiative 
program to provide outreach and enrollment assistance for 
families under 300 percent of federal poverty level, $664,000 
is available for Sharon Regional Health System, Sharon, 
Pennsylvania for stabilizing the workforce for patient care, 
$25,000 is available for Sickle Cell Medical Treatment & 
Education Center, St. Louis Children's Hospital, St. Louis, 
Missouri, to improve the academic achievement of children with 
Sickle Cell Disease with specific cognitive rehabilitation, 
$111,000 is available for Tyler Memorial Hospital, Tunkhannock, 
Pennsylvania for stabilizing the workforce for patient care, 
$174,000 is available for United Community Hospital, Grove 
City, Pennsylvania for stabilizing the workforce for patient 
care, $503,000 is available for UPMC Horizon, Farrell, 
Pennsylvania for stabilizing the workforce for patient care, 
$613,000 is available for Williamsport Hospital & Medical 
Center, Williamsport, Pennsylvania for stabilizing the 
workforce for patient care, and $965,000 is available for 
Wyoming Valley Health Care System, Wilkes-Barre, Pennsylvania 
for stabilizing the workforce for patient care: Provided 
further, That the Secretary of Health and Human Services is 
directed to collect fees in fiscal year 2004 from 
Medicare+Choice organizations pursuant to section 1857(e)(2) of 
the Social Security Act and from eligible organizations with 
risk-sharing contracts under section 1876 of that Act pursuant 
to section 1876(k)(4)(D) of that Act: Provided further, that to 
the extent Medicare claims processing unit costs are projected 
by the Centers for Medicare & Medicaid Services to exceed $0.87 
for Part A claims and/or $0.65 for Part B claims, up to an 
additional $18,000,000 may be available for obligation for 
every $0.04 increase in Medicare claims processing unit costs 
from the Federal Hospital Insurance and the Federal 
Supplementary Medical Insurance Trust Funds. The calculation of 
projected unit costs shall be derived in the same manner in 
which the estimated unit costs were calculated for the Federal 
budget estimate for the fiscal year.

      HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE FUND

    For carrying out subsections (d) and (e) of section 1308 of 
the Public Health Service Act, any amounts received by the 
Secretary in connection with loans and loan guarantees under 
title XIII of the Public Health Service Act, to be available 
without fiscal year limitation for the payment of outstanding 
obligations. During fiscal year 2004, no commitments for direct 
loans or loan guarantees shall be made.

                Administration for Children and Families

  PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT 
                                PROGRAMS

    For making payments to States or other non-Federal entities 
under titles I, IV-D, X, XI, XIV, and XVI of the Social 
Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), 
$3,292,970,000, to remain available until expended; and for 
such purposes for the first quarter of fiscal year 2005, 
$1,200,000,000, to remain available until expended.
    For making payments to each State for carrying out the 
program of Aid to Families with Dependent Children under title 
IV-A of the Social Security Act before the effective date of 
the program of Temporary Assistance for Needy Families (TANF) 
with respect to such State, such sums as may be necessary: 
Provided, That the sum of the amounts available to a State with 
respect to expenditures under such title IV-A in fiscal year 
1997 under this appropriation and under such title IV-A as 
amended by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 shall not exceed the limitations 
under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, 
payments to States or other non-Federal entities under titles 
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3 months of 
the current fiscal year for unanticipated costs, incurred for 
the current fiscal year, such sums as may be necessary.

                   LOW-INCOME HOME ENERGY ASSISTANCE

    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $1,800,000,000.
    For making payments under title XXVI of the Omnibus Budget 
Reconciliation Act of 1981, $100,000,000, to remain available 
until expended: Provided, That these funds are for the 
unanticipated home energy assistance needs of one or more 
States, as authorized by section 2604(e) of the Act, and 
notwithstanding the designation requirement of section 2602(e).

                     REFUGEE AND ENTRANT ASSISTANCE

    For necessary expenses for refugee and entrant assistance 
activities authorized by title IV of the Immigration and 
Nationality Act and section 501 of the Refugee Education 
Assistance Act of 1980 (Public Law 96-422), for carrying out 
section 462 of the Homeland Security Act of 2002 (Public Law 
107-296), and for carrying out section 5 of the Torture Victims 
Relief Act of 1998 (Public Law 105-320), $450,276,000, of which 
up to $9,968,000 shall be available to carry out the 
Trafficking Victims Protection Act of 2000 (Public Law 106-386; 
division A): Provided, That funds appropriated under this 
heading pursuant to section 414(a) of the Immigration and 
Nationality Act for fiscal year 2004 shall be available for the 
costs of assistance provided and other activities, to remain 
available through September 30, 2006.

   PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT

    For carrying out sections 658A through 658R of the Omnibus 
Budget Reconciliation Act of 1981 (The Child Care and 
Development Block Grant Act of 1990), $2,099,729,000 shall be 
used to supplement, not supplant state general revenue funds 
for child care assistance for low-income families: Provided, 
That $19,120,000 shall be available for child care resource and 
referral and school-aged child care activities, of which 
$1,000,000 shall be for the Child Care Aware toll free hotline: 
Provided further, That, in addition to the amounts required to 
be reserved by the States under section 658G, $272,672,000 
shall be reserved by the States for activities authorized under 
section 658G, of which $100,000,000 shall be for activities 
that improve the quality of infant and toddler care: Provided 
further, That $9,864,000 shall be for use by the Secretary for 
child care research, demonstration, and evaluation activities.

                      SOCIAL SERVICES BLOCK GRANT

    For making grants to States pursuant to section 2002 of the 
Social Security Act, $1,700,000,000: Provided, That 
notwithstanding subparagraph (B) of section 404(d)(2) of such 
Act, the applicable percent specified under such subparagraph 
for a State to carry out State programs pursuant to title XX of 
such Act shall be 10 percent.

                CHILDREN AND FAMILIES SERVICES PROGRAMS

    For carrying out, except as otherwise provided, the Runaway 
and Homeless Youth Act, the Developmental Disabilities 
Assistance and Bill of Rights Act, the Head Start Act, the 
Child Abuse Prevention and Treatment Act, sections 310 and 316 
of the Family Violence Prevention and Services Act, as amended, 
the Native American Programs Act of 1974, title II of Public 
Law 95-266 (adoption opportunities), the Adoption and Safe 
Families Act of 1997 (Public Law 105-89), sections 1201 and 
1211 of the Children's Health Act of 2000, the Abandoned 
Infants Assistance Act of 1988, sections 261 and 291 of the 
Help America Vote Act of 2002, the Early Learning Opportunities 
Act, part B(1) of title IV and sections 413, 429A, 1110, and 
1115 of the Social Security Act, and sections 40155, 40211, and 
40241 of Public Law 103-322; for making payments under the 
Community Services Block Grant Act, sections 439(h), 473A, and 
477(i) of the Social Security Act, and title IV of Public Law 
105-285, and for necessary administrative expenses to carry out 
said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the 
Social Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), 
the Omnibus Budget Reconciliation Act of 1981, title IV of the 
Immigration and Nationality Act, section 501 of the Refugee 
Education Assistance Act of 1980, section 5 of the Torture 
Victims Relief Act of 1998 (Public Law 105-320), sections 
40155, 40211, and 40241 of Public Law 103-322, and section 126 
and titles IV and V of Public Law 100-485, $8,816,097,000, of 
which $7,500,000, to remain available until September 30, 2005, 
shall be for grants to States for adoption incentive payments, 
as authorized by section 473A of title IV of the Social 
Security Act (42 U.S.C. 670-679) and may be made for adoptions 
completed before September 30, 2004: Provided, That funds 
appropriated in Public Law 108-7 for grants to States as 
authorized by section 473A of title IV of the Social Security 
Act shall also be available for adoption incentive payments for 
adoptions completed before September 30, 2004: Provided 
further, That $6,815,570,000 shall be for making payments under 
the Head Start Act, of which $1,400,000,000 shall become 
available October 1, 2004 and remain available through 
September 30, 2005: Provided further, That $735,686,000 shall 
be for making payments under the Community Services Block Grant 
Act: Provided further, That not less than $7,227,000 shall be 
for section 680(3)(B) of the Community Services Block Grant 
Act, as amended: Provided further, That in addition to amounts 
provided herein, $6,000,000 shall be available from amounts 
available under section 241 of the Public Health Service Act to 
carry out the provisions of section 1110 of the Social Security 
Act: Provided further, That to the extent Community Services 
Block Grant funds are distributed as grant funds by a State to 
an eligible entity as provided under the Act, and have not been 
expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such 
entity consistent with program purposes: Provided further, That 
the Secretary shall establish procedures regarding the 
disposition of intangible property which permits grant funds, 
or intangible assets acquired with funds authorized under 
section 680 of the Community Services Block Grant Act, as 
amended, to become the sole property of such grantees after a 
period of not more than 12 years after the end of the grant for 
purposes and uses consistent with the original grant: Provided 
further, That funds appropriated for section 680(a)(2) of the 
Community Services Block Grant Act, as amended, shall be 
available for financing construction and rehabilitation and 
loans or investments in private business enterprises owned by 
community development corporations: Provided further, That 
$89,978,000 shall be for activities authorized by the Runaway 
and Homeless Youth Act, notwithstanding the allocation 
requirements of section 388(a) of such Act, of which 
$40,505,000 is for the transitional living program: Provided 
further, That $48,000,000 is for a compassion capital fund to 
provide grants to charitable organizations to emulate model 
social service programs and to encourage research on the best 
practices of social service organizations: Provided further, 
That $15,000,000 shall be for activities authorized by the Help 
America Vote Act of 2002, of which $10,000,000 shall be for 
payments to States to promote disabled voter access, and of 
which $5,000,000 shall be for payments to States for disabled 
voters protection and advocacy systems.

                   PROMOTING SAFE AND STABLE FAMILIES

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

       PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

    For making payments to States or other non-Federal entities 
under title IV-E of the Social Security Act, $5,068,300,000.
    For making payments to States or other non-Federal entities 
under title IV-E of the Act, for the first quarter of fiscal 
year 2005, $1,767,700,000.
    For making, after May 31 of the current fiscal year, 
payments to States or other non-Federal entities under section 
474 of title IV-E, for the last 3 months of the current fiscal 
year for unanticipated costs, incurred for the current fiscal 
year, such sums as may be necessary.

                        Administration on Aging

                        AGING SERVICES PROGRAMS

    For carrying out, to the extent not otherwise provided, the 
Older Americans Act of 1965, as amended, and section 398 of the 
Public Health Service Act, $1,381,689,000, of which $5,500,000 
shall be available for activities regarding medication 
management, screening, and education to prevent incorrect 
medication and adverse drug reactions; and of which $2,842,000 
shall remain available until September 30, 2006, for the White 
House Conference on Aging.

                        Office of the Secretary

                    GENERAL DEPARTMENTAL MANAGEMENT

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for 
carrying out titles III, XVII, XX, and XXI of the Public Health 
Service Act, and the United States-Mexico Border Health 
Commission Act, $357,358,000, together with $5,851,000 to be 
transferred and expended as authorized by section 201(g)(1) of 
the Social Security Act from the Hospital Insurance Trust Fund 
and the Supplemental Medical Insurance Trust Fund: Provided, 
That of the funds made available under this heading for 
carrying out title XX of the Public Health Service Act, 
$11,885,000 shall be for activities specified under section 
2003(b)(2), of which $10,157,000 shall be for prevention 
service demonstration grants under section 510(b)(2) of title V 
of the Social Security Act, as amended, without application of 
the limitation of section 2010(c) of said title XX: Provided 
further, That of this amount, $49,838,000 is for minority AIDS 
prevention and treatment activities; and $15,000,000 shall be 
for an Information Technology Security and Innovation Fund for 
Department-wide activities involving cybersecurity, information 
technology security, and related innovation projects, and 
$5,000,000 is to assist Afghanistan in the development of 
maternal and child health clinics, consistent with section 
103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002.

                      OFFICE OF INSPECTOR GENERAL

    For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $39,497,000: Provided, That, of such amount, 
necessary sums are available for providing protective services 
to the Secretary and investigating non-payment of child support 
cases for which non-payment is a Federal offense under 18 
U.S.C. 228.

                        OFFICE FOR CIVIL RIGHTS

    For expenses necessary for the Office for Civil Rights, 
$30,936,000, together with not to exceed $3,314,000 to be 
transferred and expended as authorized by section 201(g)(1) of 
the Social Security Act from the Hospital Insurance Trust Fund 
and the Supplemental Medical Insurance Trust Fund.

                            POLICY RESEARCH

    For carrying out, to the extent not otherwise provided, 
research studies under section 1110 of the Social Security Act 
and title III of the Public Health Service Act, $20,750,000, 
which shall be available from amounts available under section 
241 of the Public Health Service Act to carry out national 
health or human services research and evaluation activities: 
Provided, That the expenditure of any funds available under 
section 241 of the Public Health Service Act are subject to the 
requirements of section 205 of this Act.

     RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS

    For retirement pay and medical benefits of Public Health 
Service Commissioned Officers as authorized by law, for 
payments under the Retired Serviceman's Family Protection Plan 
and Survivor Benefit Plan, for medical care of dependents and 
retired personnel under the Dependents' Medical Care Act (10 
U.S.C. ch. 55 and 56), and for payments pursuant to section 
229(b) of the Social Security Act (42 U.S.C. 429(b)), such 
amounts as may be required during the current fiscal year. The 
following are definitions for the medical benefits of the 
Public Health Service Commissioned Officers that apply to 10 
U.S.C. chapter 56, section 1116(c). The source of funds for the 
monthly accrual payments into the Department of Defense 
Medicare-Eligible Retiree Health Care Fund shall be the 
Retirement Pay and Medical Benefits for Commissioned Officers 
account. For purposes of this Act, the term ``pay of members'' 
shall be construed to be synonymous with retirement payments to 
United States Public Health Service officers who are retired 
for age, disability, or length of service; payments to 
survivors of deceased officers; medical care to active duty and 
retired members and dependents and beneficiaries; and for 
payments to the Social Security Administration for military 
service credits; all of which payments are provided for by the 
Retirement Pay and Medical Benefits for Commissioned Officers 
account.

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

    For expenses necessary to support activities related to 
countering potential biological, disease and chemical threats 
to civilian populations, $1,726,846,000: Provided, That this 
amount is distributed as follows: Centers for Disease Control 
and Prevention, $1,116,156,000; Office of the Secretary, 
$64,820,000; and Health Resources and Services Administration, 
$545,870,000: Provided further, That at the discretion of the 
Secretary of Health and Human Services, these amounts may be 
transferred between categories subject to normal reprogramming 
procedures: Provided further, That employees of the Centers for 
Disease Control and Prevention or the Public Health Service, 
both civilian and Commissioned Officers, detailed to States, 
municipalities, or other organizations under authority of 
section 214 of the Public Health Service Act for purposes 
related to homeland security, shall be treated as non-Federal 
employees for reporting purposes only and shall not be included 
within any personnel ceiling applicable to the Agency, Service, 
or the Department of Health and Human Services during the 
period of detail or assignment.
    In addition, for activities to ensure a year-round 
influenza vaccine production capacity and the development and 
implementation of rapidly expandable influenza vaccine 
production technologies, $50,000,000, to remain available until 
expended.

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be 
available for not to exceed $50,000 for official reception and 
representation expenses when specifically approved by the 
Secretary.
    Sec. 202. The Secretary shall make available through 
assignment not more than 60 employees of the Public Health 
Service to assist in child survival activities and to work in 
AIDS programs through and with funds provided by the Agency for 
International Development, the United Nations International 
Children's Emergency Fund or the World Health Organization.
    Sec. 203. None of the funds appropriated under this Act may 
be used to implement section 399F(b) of the Public Health 
Service Act or section 1503 of the National Institutes of 
Health Revitalization Act of 1993, Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for 
the National Institutes of Health, the Agency for Healthcare 
Research and Quality, and the Substance Abuse and Mental Health 
Services Administration shall be used to pay the salary of an 
individual, through a grant or other extramural mechanism, at a 
rate in excess of Executive Level I.
    Sec. 205. None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service 
Act, except for funds specifically provided for in this Act, or 
for other taps and assessments made by any office located in 
the Department of Health and Human Services, prior to the 
Secretary's preparation and submission of a report to the 
Committee on Appropriations of the Senate and of the House 
detailing the planned uses of such funds.
    Sec. 206. Notwithstanding section 241(a) of the Public 
Health Service Act, such portion as the Secretary shall 
determine, but not more than 2.2 percent, of any amounts 
appropriated for programs authorized under said Act shall be 
made available for the evaluation (directly, or by grants or 
contracts) of the implementation and effectiveness of such 
programs.

                          (TRANSFER OF FUNDS)

    Sec. 207. Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended) which are appropriated for the 
current fiscal year for the Department of Health and Human 
Services in this Act may be transferred between appropriations, 
but no such appropriation shall be increased by more than 3 
percent by any such transfer: Provided, That an appropriation 
may be increased by up to an additional 2 percent subject to 
approval by the House and Senate Committees on Appropriations: 
Provided further, That the Appropriations Committees of both 
Houses of Congress are notified at least 15 days in advance of 
any transfer.
    Sec. 208. The Director of the National Institutes of 
Health, jointly with the Director of the Office of AIDS 
Research, may transfer up to 3 percent among institutes, 
centers, and divisions from the total amounts identified by 
these two Directors as funding for research pertaining to the 
human immunodeficiency virus: Provided, That the Congress is 
promptly notified of the transfer.
    Sec. 209. Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related 
to the human immunodeficiency virus, as jointly determined by 
the Director of the National Institutes of Health and the 
Director of the Office of AIDS Research, shall be made 
available to the ``Office of AIDS Research'' account. The 
Director of the Office of AIDS Research shall transfer from 
such account amounts necessary to carry out section 2353(d)(3) 
of the Public Health Service Act.
    Sec. 210. None of the funds appropriated in this Act may be 
made available to any entity under title X of the Public Health 
Service Act unless the applicant for the award certifies to the 
Secretary that it encourages family participation in the 
decision of minors to seek family planning services and that it 
provides counseling to minors on how to resist attempts to 
coerce minors into engaging in sexual activities.
    Sec. 211. None of the funds appropriated by this Act 
(including funds appropriated to any trust fund) may be used to 
carry out the Medicare+Choice program if the Secretary denies 
participation in such program to an otherwise eligible entity 
(including a Provider Sponsored Organization) because the 
entity informs the Secretary that it will not provide, pay for, 
provide coverage of, or provide referrals for abortions: 
Provided, That the Secretary shall make appropriate prospective 
adjustments to the capitation payment to such an entity (based 
on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided 
further, That nothing in this section shall be construed to 
change the Medicare program's coverage for such services and a 
Medicare+Choice organization described in this section shall be 
responsible for informing enrollees where to obtain information 
about all Medicare covered services.
    Sec. 212. Notwithstanding any other provision of law, no 
provider of services under title X of the Public Health Service 
Act shall be exempt from any State law requiring notification 
or the reporting of child abuse, child molestation, sexual 
abuse, rape, or incest.
    Sec. 213. The Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167) 
is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking 
                ``1997, 1998, 1999, 2000, 2001, 2002, and 
                2003'' and inserting ``1997, 1998, 1999, 2000, 
                2001, 2002, 2003, and 2004''; and
                    (B) in subsection (e), by striking 
                ``October 1, 2003'' each place it appears and 
                inserting ``October 1, 2004'';
                    (C) in subsection (b)(1)--
                            (i) in subparagraph (A), by 
                        striking ``and'' at the end;
                            (ii) in subparagraph (B), by 
                        striking the period and inserting ``; 
                        and''; and
                            (iii) by adding at the end the 
                        following:
            ``(C) one or more categories of aliens who are or 
        were nationals and residents of the Islamic Republic or 
        Iran who, as members of a religious minority in Iran, 
        share common characteristics that identify them as 
        targets of persecution in that state on account of 
        race, religion, nationality, membership in a particular 
        social group, or political opinion.''; and
            (2) in section 599E (8 U.S.C. 1255 note) in 
        subsection (b)(2), by striking ``September 30, 2003'' 
        and inserting ``September 30, 2004''.
    Sec. 214. (a) Except as provided by subsection (e) none of 
the funds appropriated by this Act may be used to withhold 
substance abuse funding from a State pursuant to section 1926 
of the Public Health Service Act (42 U.S.C. 300x-26) if such 
State certifies to the Secretary of Health and Human Services 
by May 1, 2004 that the State will commit additional State 
funds, in accordance with subsection (b), to ensure compliance 
with State laws prohibiting the sale of tobacco products to 
individuals under 18 years of age.
    (b) The amount of funds to be committed by a State under 
subsection (a) shall be equal to 1 percent of such State's 
substance abuse block grant allocation for each percentage 
point by which the State misses the retailer compliance rate 
goal established by the Secretary of Health and Human Services 
under section 1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal 
year 2004 for tobacco prevention programs and for compliance 
activities at a level that is not less than the level of such 
expenditures maintained by the State for fiscal year 2003, and 
adding to that level the additional funds for tobacco 
compliance activities required under subsection (a). The State 
is to submit a report to the Secretary on all fiscal year 2003 
State expenditures and all fiscal year 2004 obligations for 
tobacco prevention and compliance activities by program 
activity by July 31, 2004.
    (d) The Secretary shall exercise discretion in enforcing 
the timing of the State obligation of the additional funds 
required by the certification described in subsection (a) as 
late as July 31, 2004.
    (e) None of the funds appropriated by this Act may be used 
to withhold substance abuse funding pursuant to section 1926 
from a territory that receives less than $1,000,000.
    Sec. 215. In order for the Centers for Disease Control and 
Prevention to carry out international health activities, 
including HIV/AIDS and other infectious disease, chronic and 
environmental disease, and other health activities abroad 
during fiscal year 2004, the Secretary of Health and Human 
Services--
            (1) may exercise authority equivalent to that 
        available to the Secretary of State in section 2(c) of 
        the State Department Basic Authorities Act of 1956 (22 
        U.S.C. 2669(c)). The Secretary of Health and Human 
        Services shall consult with the Secretary of State and 
        relevant Chief of Mission to ensure that the authority 
        provided in this section is exercised in a manner 
        consistent with section 207 of the Foreign Service Act 
        of 1980 (22 U.S.C. 3927) and other applicable statutes 
        administered by the Department of State, and
            (2) is authorized to provide such funds by advance 
        or reimbursement to the Secretary of State as may be 
        necessary to pay the costs of acquisition, lease, 
        alteration, renovation, and management of facilities 
        outside of the United States for the use of the 
        Department of Health and Human Services. The Department 
        of State shall cooperate fully with the Secretary of 
        Health and Human Services to ensure that the Department 
        of Health and Human Services has secure, safe, 
        functional facilities that comply with applicable 
        regulation governing location, setback, and other 
        facilities requirements and serve the purposes 
        established by this Act. The Secretary of Health and 
        Human Services is authorized, in consultation with the 
        Secretary of State, through grant or cooperative 
        agreement, to make available to public or nonprofit 
        private institutions or agencies in participating 
        foreign countries, funds to acquire, lease, alter, or 
        renovate facilities in those countries as necessary to 
        conduct programs of assistance for international health 
        activities, including activities relating to HIV/AIDS 
        and other infectious diseases, chronic and 
        environmental diseases, and other health activities 
        abroad.
    Sec. 216. The Division of Federal Occupational Health may 
utilize personal services contracting to employ professional 
management/administrative and occupational health 
professionals.
    Sec. 217. Notwithstanding section 409B(c) of the Public 
Health Service Act regarding a limitation on the number of such 
grants, funds appropriated in this Act and Acts in fiscal years 
thereafter may be expended by the Director of the National 
Institutes of Health to award Core Center Grants to encourage 
the development of innovative multidisciplinary research and 
provide training concerning Parkinson's disease. Each center 
funded under such grants shall be designated as a Morris K. 
Udall Center for Research on Parkinson's Disease.
    Sec. 218. Not later than 90 days after the date of 
enactment of this Act, the Director of the National Institutes 
of Health shall submit to the appropriate committees of 
Congress a report that shall--
            (1) contain the recommendations of the Director 
        concerning the role of the National Institutes of 
        Health in promoting the affordability of inventions and 
        products developed with Federal funds; and
            (2) specify whether any circumstances exist to 
        prevent the Director from promoting the affordability 
        of inventions and products developed with Federal 
        funds.
    Sec. 219. Notwithstanding any other provisions of law, 
funds made available under this heading may be used to continue 
operating the Council on Graduate Medical Education established 
by section 301 of Public Law 102-408.
    Sec.  220. Designation of Senator Paul D. Wellstone NIH 
MDCRC Program. (a) Findings.--Congress finds the following:
            (1) On December 18, 2001, Public Law 107-84, 
        otherwise known as the Muscular Dystrophy Community 
        Assistance, Research and Education Amendments of 2001, 
        or the MD CARE Act, was signed into law to provide for 
        research and education with respect to various forms of 
        muscular dystrophy, including Duchenne, Becker, limb 
        girdle, congenital, facioscapulohumeral, myotonic, 
        oculopharyngeal, distal, and EmeryDreifuss muscular 
        dystrophies.
            (2) In response to the MD CARE Act of 2001, in 
        September 2002, the National Institutes of Health (NIH) 
        announced its intention to establish the Muscular 
        Dystrophy Cooperative Research Centers (MDCRC) program.
            (3) Senator Paul D. Wellstone was a driving force 
        behind enactment of the MD CARE Act, which led to the 
        establishment of the MDCRC program.
    (b) Designation.--The NIH Muscular Dystrophy Cooperative 
Research Centers (MDCRC) program shall be known and designated 
as the ``Senator Paul D. Wellstone Muscular Dystrophy 
Cooperative Research Centers'', in honor of Senator Paul D. 
Wellstone who was deceased on October 25, 2002.
    (c) References.--Any reference in a law, regulation, 
document, paper, or other record of the United States to the 
NIH program of Muscular Dystrophy Cooperative Research Centers 
shall be deemed to be a reference to the ``Senator Paul D. 
Wellstone Muscular Dystrophy Cooperative Research Centers.
    Sec. 221. (a) Authority.--Notwithstanding any other 
provision of law, the Director of the National Institutes of 
Health may use funds available under section 402(i) of the 
Public Health Service Act (42 U.S.C. 282(i)) to enter into 
transactions (other than contracts, cooperative agreements, or 
grants) to carry out research in support of the NIH Roadmap 
Initiative of the Director.
    (b) Peer Review.--In entering into transactions under 
subsection (a), the Director of the National Institutes of 
Health may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the 
Director determines to be appropriate to obtain assessments of 
scientific and technical merit. Such procedures shall apply to 
such transactions in lieu of the peer review and advisory 
council review procedures that would otherwise be required 
under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 
406(a)(3)(A), 492, and 494 of the Public Health Service Act (42 
U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 
289c).
    Sec. 222. Section 307(c) of the Denali Commission Act of 
1998 (42 U.S.C. 3121 note) is amended by striking ``is 
authorized to make grants'' and inserting ``is authorized to 
make interagency transfers''.
    This title may be cited as the ``Department of Health and 
Human Services Appropriations Act, 2004''.

                   TITLE III--DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary 
Education Act of 1965 (``ESEA'') and section 418A of the Higher 
Education Act of 1965, $14,528,522,000, of which $6,983,169,000 
shall become available on July 1, 2004, and shall remain 
available through September 30, 2005, and of which 
$7,383,301,000 shall become available on October 1, 2004, and 
shall remain available through September 30, 2005, for academic 
year 2004-2005: Provided, That $7,107,283,000 shall be 
available for basic grants under section 1124: Provided 
further, That up to $3,500,000 of these funds shall be 
available to the Secretary of Education on October 1, 2003, to 
obtain annually updated educational-agency-level census poverty 
data from the Bureau of the Census: Provided further, That 
$1,365,031,000 shall be available for concentration grants 
under section 1124A: Provided further, That $1,969,843,000 
shall be available for targeted grants under section 1125: 
Provided further, That $1,969,843,000 shall be available for 
education finance incentive grants under section 1125A: 
Provided further, That $235,000,000 shall be available for 
comprehensive school reform grants under part F of the ESEA: 
Provided further, That from the $8,842,000 available to carry 
out part E of title I, up to $1,000,000 shall be available to 
the Secretary of Education to provide technical assistance to 
state and local educational agencies concerning part A of title 
I.

                               Impact Aid

    For carrying out programs of financial assistance to 
federally affected schools authorized by title VIII of the 
Elementary and Secondary Education Act of 1965, $1,236,824,000, 
of which $1,070,000,000 shall be for basic support payments 
under section 8003(b), $50,668,000 shall be for payments for 
children with disabilities under section 8003(d), $46,208,000 
shall be for construction under section 8007 and shall remain 
available through September 30, 2005, $62,000,000 shall be for 
Federal property payments under section 8002, and $7,948,000, 
to remain available until expended, shall be for facilities 
maintenance under section 8008: Provided, That $1,500,000 of 
the funds for section 8007 shall be available for the local 
educational agencies and in the amounts specified in the 
statement of the managers on the conference report accompanying 
this Act: Provided further, That, notwithstanding any other 
provision of law, these funds shall remain available until 
expended.

                      School Improvement Programs

    For carrying out school improvement activities authorized 
by titles II, part B of title IV, part A and subparts 6 and 9 
of part D of title V, parts A and B of title VI, and parts B 
and C of title VII of the Elementary and Secondary Education 
Act of 1965 (``ESEA''); the McKinney-Vento Homeless Assistance 
Act; and the Civil Rights Act of 1964, $5,834,208,000, of which 
$4,282,199,000 shall become available on July 1, 2004, and 
remain available through September 30, 2005, and of which 
$1,435,000,000 shall become available on October 1, 2004, and 
shall remain available through September 30, 2005, for academic 
year 2004-2005: Provided, That funds made available to carry 
out part B of title VII of the ESEA may be used for 
construction, renovation and modernization of any elementary 
school, secondary school, or structure related to an elementary 
school or secondary school, run by the Department of Education 
of the State of Hawaii, that serves a predominantly Native 
Hawaiian student body: Provided further, That from the funds 
referred to in the preceding proviso, not less than $1,000,000 
shall be for a grant to the Department of Education of the 
State of Hawaii for the activities described in such proviso: 
Provided further, That funds made available to carry out part C 
of title VII of the ESEA may be used for construction: Provided 
further, That $391,600,000 shall be for subpart 1 of part A of 
title VI of the ESEA: Provided further, That $27,821,000 shall 
be available to carry out part D of title V of the ESEA: 
Provided further, That no funds appropriated under this heading 
may be used to carry out section 5494 under the ESEA.

                            Indian Education

    For expenses necessary to carry out, to the extent not 
otherwise provided, title VII, part A of the Elementary and 
Secondary Education Act of 1965, $121,573,000.

                       Innovation and Improvement

    For carrying out activities authorized by parts G and H of 
title I, subpart 5 of part A and parts C and D of title II, 
parts B, C, and D of title V, and section 1504 of the 
Elementary and Secondary Education Act of 1965 (``ESEA''), 
$1,106,811,000: Provided, That $74,513,000 for continuing and 
new grants to demonstrate effective approaches to comprehensive 
school reform shall become available on July 1, 2004, and 
remain available through September 30, 2005, and shall be 
allocated and expended in the same manner as the funds provided 
under the Fund for the Improvement of Education for this 
purpose were allocated and expended in fiscal year 2003: 
Provided further, That $18,500,000 shall be available to carry 
out section 2151(c) of the ESEA, of which not less than 
$10,000,000 shall be provided to the National Board for 
Professional Teaching Standards, not less than $7,000,000 shall 
be provided to the National Council on Teacher Quality, and up 
to $1,500,000 may be reserved by the Secretary to conduct an 
evaluation of activities authorized by such section: Provided 
further, That $430,463,000 shall be available to carry out part 
D of title V of the ESEA: Provided further, That $177,271,000 
of the funds for subpart 1, part D of title V of the ESEA shall 
be available for the projects and in the amounts specified in 
the statement of the managers on the conference report 
accompanying this Act.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part 
C of title II, part A of title IV, and subparts 2, 3 and 10 of 
part D of title V of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), title VIII-D of the Higher Education 
Amendments of 1998, and Public Law 102-73, $862,813,000, of 
which $470,483,000 shall become available on July 1, 2004 and 
remain available through September 30, 2005: Provided, That of 
the amount available for subpart 2 of part A of title IV of the 
ESEA, $850,000 shall be used to continue the National 
Recognition Awards program under the same guidelines outlined 
by section 120(f) of Public Law 105-244: Provided further, That 
$445,483,000 shall be available for subpart 1 of part A of 
title IV and $234,680,000 shall be available for subpart 2 of 
part A of title IV: Provided further, That $128,838,000 shall 
be available to carry out part D of title V of the ESEA: 
Provided further, That of the funds available to carry out 
subpart 3 of part C of title II, up to $11,922,000 may be used 
to carry out section 2345 and $2,980,000 shall be used by the 
Center for Civic Education to implement a comprehensive program 
to improve public knowledge, understanding, and support of the 
Congress and the state legislatures: Provided further, That 
$25,000,000 shall be for Youth Offender Grants, of which 
$5,000,000 shall be used in accordance with section 601 of 
Public Law 102-73 as that section was in effect prior to 
enactment of Public Law 105-220.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, 
$685,258,000, of which $560,301,000 shall become available on 
July 1, 2004, and shall remain available through September 30, 
2005: Provided, That notwithstanding section 3111(c)(4)(B)(ii), 
the Secretary may, in determining the allotments under section 
3111(c)(3), use the same Census data for the number of limited 
English proficient children and youth used for the previous 
year's allotments under section 3111(c)(3) and the most recent 
data collected from States for the number of immigrant children 
and youth that is acceptable to the Secretary: Provided 
further, That funds reserved under section 3111(c)(1)(D) of the 
ESEA that are not used in accordance with section 3111(c)(2) 
may be added to the funds that are available July 1, 2004 
through September 30, 2005 for State allotments under section 
3111(c)(3).

                           Special Education

    For carrying out the Individuals with Disabilities 
Education Act, $11,307,072,000, of which $5,604,762,000 shall 
become available for obligation on July 1, 2004, and shall 
remain available through September 30, 2005, and of which 
$5,413,000,000 shall become available on October 1, 2004, and 
shall remain available through September 30, 2005, for academic 
year 2004-2005: Provided, That $11,400,000 shall be for 
Recording for the Blind and Dyslexic to support the 
development, production, and circulation of recorded 
educational materials: Provided further, That $1,500,000 shall 
be for the recipient of funds provided by Public Law 105-78 
under section 687(b)(2)(G) of the Act to provide information on 
diagnosis, intervention, and teaching strategies for children 
with disabilities: Provided further, That the amount for 
section 611(c) of the Act shall be equal to the amount 
available for that section during fiscal year 2003, increased 
by the amount of inflation as specified in section 
611(f)(1)(B)(ii) of the Act: Provided further, That $6,879,000 
of the funds for section 672 of the Act shall be available for 
the projects and in the amounts specified in the statement of 
the managers of the conference report accompanying this Act.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 
1998, and the Helen Keller National Center Act, $3,013,305,000, 
of which $1,000,000 shall be awarded to the American Academy of 
Orthotists and Prosthetists for activities that further the 
purposes of the grant received by the Academy for the period 
beginning October 1, 2003, including activities to meet the 
demand for orthotic and prosthetic provider services and 
improve patient care: Provided, That the funds provided for 
title I of the Assistive Technology Act of 1998 (``the AT 
Act'') shall be allocated notwithstanding section 105(b)(1) of 
the AT Act: Provided further, That section 101(f) of the AT Act 
shall not limit the award of an extension grant to three years: 
Provided further, That no State or outlying area awarded funds 
under section 101 shall receive less than the amount received 
in fiscal year 2003: Provided further, That $5,035,000 of the 
funds for section 303 of the Rehabilitation Act of 1973 shall 
be available for the projects and in the amounts specified in 
the statement of the managers of the conference report 
accompanying this Act.

           Special Institutions for Persons With Disabilities

                 AMERICAN PRINTING HOUSE FOR THE BLIND

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

               NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

    For the National Technical Institute for the Deaf under 
titles I and II of the Education of the Deaf Act of 1986 (20 
U.S.C. 4301 et seq.), $53,800,000, of which $367,000 shall be 
for construction and shall remain available until expended: 
Provided, That from the total amount available, the Institute 
may at its discretion use funds for the endowment program as 
authorized under section 207.

                          GALLAUDET UNIVERSITY

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of 
Gallaudet University under titles I and II of the Education of 
the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), $100,800,000: 
Provided, That from the total amount available, the University 
may at its discretion use funds for the endowment program as 
authorized under section 207.

                     Vocational and Adult Education

    For carrying out, to the extent not otherwise provided, the 
Carl D. Perkins Vocational and Technical Education Act of 1998, 
the Adult Education and Family Literacy Act, and subparts 4 and 
11 of part D of title V of the Elementary and Secondary 
Education Act of 1965 (``ESEA''), $2,121,690,000, of which 
$1,304,712,000 shall become available on July 1, 2004 and shall 
remain available through September 30, 2005 and of which 
$791,000,000 shall become available on October 1, 2004 and 
shall remain available through September 30, 2005: Provided, 
That notwithstanding any other provision of law or any 
regulation, the Secretary of Education shall not require the 
use of a restricted indirect cost rate for grants issued 
pursuant to section 117 of the Carl D. Perkins Vocational and 
Technical Education Act of 1998: Provided further, That of the 
amount provided for Adult Education State Grants, $69,545,000 
shall be made available for integrated English literacy and 
civics education services to immigrants and other limited 
English proficient populations: Provided further, That of the 
amount reserved for integrated English literacy and civics 
education, notwithstanding section 211 of the Adult Education 
and Family Literacy Act, 65 percent shall be allocated to 
States based on a State's absolute need as determined by 
calculating each State's share of a 10-year average of the 
Immigration and Naturalization Service data for immigrants 
admitted for legal permanent residence for the 10 most recent 
years, and 35 percent allocated to States that experienced 
growth as measured by the average of the 3 most recent years 
for which Immigration and Naturalization Service data for 
immigrants admitted for legal permanent residence are 
available, except that no State shall be allocated an amount 
less than $60,000: Provided further, That of the amounts made 
available for the Adult Education and Family Literacy Act, 
$9,223,000 shall be for national leadership activities under 
section 243 and $6,732,000 shall be for the National Institute 
for Literacy under section 242: Provided further, That 
$185,000,000 shall be available to carry out part D of title V 
of the ESEA: Provided further, That $175,000,000 shall be 
available to support the activities authorized under subpart 4 
of part D of title V of the Elementary and Secondary Education 
Act of 1965, of which up to 5 percent shall become available 
October 1, 2003 and shall remain available through September 
30, 2005, for evaluation, technical assistance, school 
networking, peer review of applications, and program outreach 
activities, and of which not less than 95 percent shall become 
available on July 1, 2004, and remain available through 
September 30, 2005, for grants to local educational agencies: 
Provided further, That funds made available to local education 
agencies under this subpart shall be used only for activities 
related to establishing smaller learning communities in high 
schools.

                      Student Financial Assistance

    For carrying out subparts 1, 3 and 4 of part A, part C and 
part E of title IV of the Higher Education Act of 1965, as 
amended, $14,090,430,000, which shall remain available through 
September 30, 2005.
    The maximum Pell Grant for which a student shall be 
eligible during award year 2004-2005 shall be $4,050.

                       Student Aid Administration

    For Federal administrative expenses (in addition to funds 
made available under section 458), to carry out part D of title 
I, and subparts 1, 3, and 4 of part A, and parts B, C, D and E 
of title IV of the Higher Education Act of 1965, as amended, 
$118,010,000.

                            Higher Education

    For carrying out, to the extent not otherwise provided, 
section 121 and titles II, III, IV, V, VI, and VII of the 
Higher Education Act of 1965 (``HEA''), as amended, section 
1543 of the Higher Education Amendments of 1992, title VIII of 
the Higher Education Amendments of 1998, and the Mutual 
Educational and Cultural Exchange Act of 1961, $2,094,511,000, 
of which $2,000,000 for interest subsidies authorized by 
section 121 of the HEA shall remain available until expended: 
Provided, That $9,935,000, to remain available through 
September 30, 2005, shall be available to fund fellowships for 
academic year 2005-2006 under part A, subpart 1 of title VII of 
said Act, under the terms and conditions of part A, subpart 1: 
Provided further, That $994,000 is for data collection and 
evaluation activities for programs under the HEA, including 
such activities needed to comply with the Government 
Performance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made 
available in this Act to carry out title VI of the HEA and 
section 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 may be used to support visits and study in 
foreign countries by individuals who are participating in 
advanced foreign language training and international studies in 
areas that are vital to United States national security and who 
plan to apply their language skills and knowledge of these 
countries in the fields of government, the professions, or 
international development: Provided further, That up to one 
percent of the funds referred to in the preceding proviso may 
be used for program evaluation, national outreach, and 
information dissemination activities: Provided further, That 
$123,110,000 of the funds for part B of title VII of the Higher 
Education Act of 1965 shall be available for the projects and 
in the amounts specified in the statement of the managers of 
the conference report accompanying this Act.

                           Howard University

    For partial support of Howard University (20 U.S.C. 121 et 
seq.), $240,180,000, of which not less than $3,573,000 shall be 
for a matching endowment grant pursuant to the Howard 
University Endowment Act (Public Law 98-480) and shall remain 
available until expended.

         College Housing and Academic Facilities Loans Program

    For Federal administrative expenses authorized under 
section 121 of the Higher Education Act of 1965, $774,000 to 
carry out activities related to existing facility loans entered 
into under the Higher Education Act of 1965.

  Historically Black College and University Capital Financing Program 
                                Account

    The aggregate principal amount of outstanding bonds insured 
pursuant to section 344 of title III, part D of the Higher 
Education Act of 1965, shall not exceed $357,000,000, and the 
cost, as defined in section 502 of the Congressional Budget Act 
of 1974, of such bonds shall not exceed zero.
    For administrative expenses to carry out the Historically 
Black College and University Capital Financing Program entered 
into pursuant to title III, part D of the Higher Education Act 
of 1965, as amended, $210,000.

                    Institute of Education Sciences

    For carrying out activities authorized by Public Law 107-
279, $478,717,000: Provided, That, of the amount appropriated, 
$166,500,000 shall be available for obligation through 
September 30, 2005: Provided further, That of the amount 
provided to carry out title I, parts B and D of Public Law 107-
279, not less than $24,362,000 shall be for the national 
research and development centers authorized under section 
133(c): Provided further, That $4,968,000 shall be available to 
extend for one additional year the contract for the Eisenhower 
National Clearinghouse for Mathematics and Science Education 
authorized under section 2102(a)(2) of the Elementary and 
Secondary Education Act of 1965, prior to its amendment by the 
No Child Left Behind Act of 2001, Public Law 107-110.

                        Departmental Management

                         PROGRAM ADMINISTRATION

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $425,000,000, of which $13,644,000, 
to remain available until expended, shall be for building 
alterations and related expenses for the relocation of 
Department staff to Potomac Center Plaza in Washington, D.C.

                        OFFICE FOR CIVIL RIGHTS

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

                    OFFICE OF THE INSPECTOR GENERAL

    For expenses necessary for the Office of the Inspector 
General, as authorized by section 212 of the Department of 
Education Organization Act, $47,137,000.

                           GENERAL PROVISIONS

    Sec. 301. No funds appropriated in this Act may be used for 
the transportation of students or teachers (or for the purchase 
of equipment for such transportation) in order to overcome 
racial imbalance in any school or school system, or for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to carry out a plan 
of racial desegregation of any school or school system.
    Sec. 302. None of the funds contained in this Act shall be 
used to require, directly or indirectly, the transportation of 
any student to a school other than the school which is nearest 
the student's home, except for a student requiring special 
education, to the school offering such special education, in 
order to comply with title VI of the Civil Rights Act of 1964. 
For the purpose of this section an indirect requirement of 
transportation of students includes the transportation of 
students to carry out a plan involving the reorganization of 
the grade structure of schools, the pairing of schools, or the 
clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described 
in this section does not include the establishment of magnet 
schools.
    Sec. 303. No funds appropriated under this Act may be used 
to prevent the implementation of programs of voluntary prayer 
and meditation in the public schools.

                          (TRANSFER OF FUNDS)

    Sec. 304. Not to exceed 1 percent of any discretionary 
funds (pursuant to the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended) which are appropriated for the 
Department of Education in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by 
more than 3 percent by any such transfer: Provided, That the 
Appropriations Committees of both Houses of Congress are 
notified at least 15 days in advance of any transfer.
    Sec. 305. Special Study of Simplification of Need Analysis 
and Application for Title IV Aid. (a) Study Required.--The 
Advisory Committee on Student Financial Assistance established 
by section 491 of the Higher Education Act of 1965 (20 U.S.C. 
1098), hereafter in this section referred to as ``the Advisory 
Committee'', shall conduct a thorough study of the feasibility 
of simplifying the need analysis methodology for all Federal 
student financial assistance programs and the process of 
applying for such assistance.
    (b) Required Subjects of Study.--In performing the study, 
the Advisory Committee shall, at a minimum, examine the 
following:
            (1) whether the methodology used to calculate the 
        expected family contribution can be simplified without 
        significant adverse effects on program intent, costs, 
        integrity, delivery, and distribution of awards;
            (2) whether the number of data elements, and, 
        accordingly, the number and complexity of questions 
        asked of students and families, used to calculate the 
        expected family contribution can be reduced without 
        such adverse effects;
            (3) whether the procedures for determining such 
        data elements, including determining and updating 
        offsets and allowances, is the most efficient, 
        effective, and fair means to determine a family's 
        available income and assets;
            (4) whether the methodology used to calculate the 
        expected family contribution, specifically the 
        consideration of income earned by a dependent student 
        and its effect on Pell grant eligibility, is an 
        effective and fair means to determine a family's 
        available income and a student's need;
            (5) whether the nature and timing of the 
        application required in section 483(a)(1) of the Higher 
        Education Act of 1965 (20 U.S.C. 1090(a)(1)), 
        eligibility and award determination, financial aid 
        processing, and funds delivery can be streamlined 
        further for students and families, institutions, and 
        States;
            (6) whether it is feasible to allow students to 
        complete only those limited sections of the financial 
        aid application that apply to their specific 
        circumstances and the State in which they reside;
            (7) whether a widely disseminated printed form, or 
        the use of an Internet or other electronic means, can 
        be developed to notify individuals of an estimation of 
        their approximate eligibility for grant, work-study, 
        and loan assistance upon completion and verification of 
        the simplified application form;
            (8) whether information provided on other Federal 
        forms (such as the form applying for supplemental 
        security income under title XVI of the Social Security 
        Act, the form for applying for food stamps under the 
        Food Stamp Act of 1977, and the schedule for applying 
        for the earned income tax credit under section 32 of 
        the Internal Revenue Code of 1986) that are designed to 
        determine eligibility for various Federal need-based 
        assistance programs could be used to qualify potential 
        students for the simplified needs test; and
            (9) whether any proposed changes to data elements 
        collected, in addition to those used to calculate 
        expected family contribution, or any proposed changes 
        to the form's design or the process of applying for 
        aid, may have adverse effects on program costs, 
        integrity, delivery, or distribution of awards, as well 
        as, application development or application processing.
    (c) Additional Considerations.--In conducting the 
feasibility study, the Advisory Committee's primary objective 
under this subsection shall be simplifying the financial aid 
application forms and process and obtaining a substantial 
reduction in the number of required data items. In carrying out 
that objective, the Advisory Committee shall pay special 
attention to the needs of low-income and moderate-income 
students and families.
    (d) Consultation.--
            (1) In general.--The Advisory Committee shall 
        consult with a broad range of interested parties in 
        higher education, including parents and students, high 
        school guidance counselors, financial aid and other 
        campus administrators, appropriate State 
        administrators, administrators of intervention and 
        outreach programs, and appropriate officials from the 
        Department of Education.
            (2) Forms design expert.--With the goal of making 
        significant changes to the form to make the questions 
        more easily understandable, the Advisory Committee 
        shall consult a forms design expert to ensure that its 
        recommendations for revision of the application form 
        would assist in making the form easily readable and 
        understood by parents, students, and other members of 
        the public.
            (3) Congressional consultation.--The Advisory 
        Committee shall consult on a regular basis with the 
        Committee on Education and the Workforce of the House 
        of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate in 
        carrying out the feasibility study required by this 
        subsection.
            (4) Departmental consultation.--The Secretary of 
        Education shall provide such assistance to the Advisory 
        Committee as is requested and practicable in conducting 
        the study required by this subsection.
    (e) Reports.--
            (1) Interim report.--The Advisory Committee shall, 
        not later than six months after the date of enactment 
        of this Act, prepare and submit an interim report 
        containing any such legislative changes as the Advisory 
        Committee recommends to reform and simplify the needs 
        analysis under part F of title IV of the Higher 
        Education Act of 1965 (20 U.S.C. 1087kk et seq.) and 
        forms and other requirements under such title to the 
        Committee on Education and the Workforce of the House 
        of Representatives, the Committee on Health, Education, 
        Labor, and Pensions of the Senate, and the Secretary of 
        Education.
            (2) Final report.--The Advisory Committee shall, 
        not later than one year after the date of enactment of 
        this Act, prepare and submit a full final report on the 
        study, including recommendations for regulatory and 
        administrative changes required by this section, to the 
        Committee on Education and the Workforce of the House 
        of Representatives, the Committee on Health, Education, 
        Labor, and Pensions of the Senate, and the Secretary of 
        Education.
    (f) Implementation.--The Secretary of Education shall 
consult with the Committee on Education and the Workforce of 
the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate and shall 
subsequently initiate a redesign of the form required by 
section 483 of the Higher Education Act of 1965 (20 U.S.C. 
1090). Such redesign shall include the testing of alternative 
simplified versions of the free federal form. The Secretary 
shall keep the Committee on Education and the Workforce of the 
House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate fully and 
currently informed on the progress of these efforts.
    (g) Postponement of Tax Table Update Pending Report and 
Implementation.--The Secretary of Education shall not implement 
or enforce for the award year 2004-2005 the annual update to 
the allowances for State and other taxes in the tables used in 
the Federal needs analysis methodology, as prescribed by the 
Secretary on May 30, 2003 (68 Fed. Reg. 32473).
    Sec. 306. The Secretary of Education shall treat as timely 
filed an application under section 8003 of the Elementary and 
Secondary Education Act of 1965 from the local educational 
agency for Hydaburg, Alaska, for a payment for fiscal year 
2004, and shall process such application for payment, if the 
Secretary has received the fiscal year 2004 application not 
later than 30 days after the date of enactment of this Act.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2004''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home 
to operate and maintain the Armed Forces Retirement Home--
Washington and the Armed Forces Retirement Home--Gulfport, to 
be paid from funds available in the Armed Forces Retirement 
Home Trust Fund, $65,279,000, of which $1,983,000 shall remain 
available until expended for construction and renovation of the 
physical plants at the Armed Forces Retirement Home--Washington 
and the Armed Forces Retirement Home--Gulfport.

             Corporation for National and Community Service

        DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

    For expenses necessary for the Corporation for National and 
Community Service to carry out the provisions of the Domestic 
Volunteer Service Act of 1973, as amended, $356,443,000: 
Provided, That none of the funds made available to the 
Corporation for National and Community Service in this Act for 
activities authorized by section 122 of Part C of Title I and 
Part E of Title II of the Domestic Volunteer Service Act of 
1973 shall be used to provide stipends or other monetary 
incentives to volunteers or volunteer leaders whose incomes 
exceed 125 percent of the national poverty level.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which 
shall be available within limitations specified by that Act, 
for the fiscal year 2006, $400,000,000: Provided, That no funds 
made available to the Corporation for Public Broadcasting by 
this Act shall be used to pay for receptions, parties, or 
similar forms of entertainment for Government officials or 
employees: Provided further, That none of the funds contained 
in this paragraph shall be available or used to aid or support 
any program or activity from which any person is excluded, or 
is denied benefits, or is discriminated against, on the basis 
of race, color, national origin, religion, or sex: Provided 
further, That for fiscal year 2004, in addition to the amounts 
provided above, $50,000,000 shall be for costs related to 
digital program production, development, and distribution, 
associated with the transition of public broadcasting to 
digital broadcasting, to be awarded as determined by the 
Corporation in consultation with public radio and television 
licensees or permittees, or their designated representatives: 
Provided further, That for fiscal year 2004, in addition to the 
amounts provided above, $10,000,000 shall be for the costs 
associated with implementing the first phase of the next 
generation interconnection system.

               Federal Mediation and Conciliation Service

                         SALARIES AND EXPENSES

    For expenses necessary for the Federal Mediation and 
Conciliation Service to carry out the functions vested in it by 
the Labor Management Relations Act, 1947 (29 U.S.C. 171-180, 
182-183), including hire of passenger motor vehicles; for 
expenses necessary for the Labor-Management Cooperation Act of 
1978 (29 U.S.C. 175a); and for expenses necessary for the 
Service to carry out the functions vested in it by the Civil 
Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71), 
$43,385,000, including $1,500,000, to remain available through 
September 30, 2005, for activities authorized by the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a): Provided, 
That notwithstanding 31 U.S.C. 3302, fees charged, up to full-
cost recovery, for special training activities and other 
conflict resolution services and technical assistance, 
including those provided to foreign governments and 
international organizations, and for arbitration services shall 
be credited to and merged with this account, and shall remain 
available until expended: Provided further, That fees for 
arbitration services shall be available only for education, 
training, and professional development of the agency workforce: 
Provided further, That the Director of the Service is 
authorized to accept and use on behalf of the United States 
gifts of services and real, personal, or other property in the 
aid of any projects or functions within the Director's 
jurisdiction.

            Federal Mine Safety and Health Review Commission

                         SALARIES AND EXPENSES

    For expenses necessary for the Federal Mine Safety and 
Health Review Commission (30 U.S.C. 801 et seq.), $7,774,000.

                Institute of Museum and Library Services

    For carrying out the Museum and Library Services Act of 
1996, $262,596,000, to remain available until expended: 
Provided, That of the amount provided, $125,000 shall be 
awarded to the Alabama School of Math and Science at the 
University of Alabama for technology upgrades and library 
resources, $50,000 shall be awarded to the Alaska Moving Image 
Preservation Association, Anchorage, Alaska to digitize files/
photos/videos of Alaskan history, $25,000 shall be awarded to 
the Alex Haley House Museum, Henning, Tennessee for care and 
preservation of collection, $500,000 shall be awarded to the 
Allen County Historical Society, Lima, Ohio, for the ``Move Our 
Past Forward'' project to expand and develop exhibits for their 
Children's Discovery Museum Center, $75,000 shall be awarded to 
the Allentown Art Museum, Allentown, Pennsylvania, for 
educational programming for school districts, $100,000 shall be 
awarded to the Alutiiq Museum, Kodiak, Alaska to support 
programs to teach students and adults how to develop 
traditional Native arts, $200,000 shall be awarded to the 
American Village Citizenship Trust, Montevallo, Alabama for a 
national initiative for teaching American history and civics, 
$100,000 shall be awarded to the Arab Community Center for 
Economic and Social Services (ACCESS), Dearborn, Michigan, for 
exhibits and museum programs, $100,000 shall be awarded to the 
Ashland Community Arts Center, Ashland, Ohio, for Arts in 
Downtown project, $75,000 shall be awarded to the Athenaeum of 
Philadelphia, Philadelphia, Pennsylvania, to preserve library 
materials and access to information in the form of digital 
images on the Internet, $500,000 shall be awarded to the Beth 
Medrash Govoha, Lakewood, New Jersey, for equipment and 
exhibits for the Holocaust Library, $400,000 shall be awarded 
to the Bishop Museum in Hawaii for activities to preserve the 
culture of Native Hawaiians, $400,000 shall be awarded to the 
Bishop Museum in Hawaii to develop Native Hawaiian cultural 
projects in collaboration with the Peabody Museum of 
Massachusetts and an Alaskan museum, $900,000 shall be awarded 
to the Burpee Museum of Natural History, Rockford, Illinois, 
for community outreach and educational activities, $100,000 
shall be awarded to the Campbell Center for Historic 
Preservation Studies, Mount Carroll, Illinois, for community 
outreach and program planning, $200,000 shall be awarded to the 
Chaldean Community Culture Center, West Bloomfield, Michigan, 
for programs that promote Chaldean language, history, culture 
and teacher training, $250,000 shall be awarded to the Chapman 
University, Orange, California, for technological 
infrastructure, $250,000 shall be awarded to the Chartiers 
Valley Partnership, Inc., Carnegie, Pennsylvania, for 
technological upgrades and educational programs at the Andrew 
Carnegie Free Library, $113,000 shall be awarded to the 
Children's Museum at La Habra, California, for a Hands On 
English Program, $144,000 shall be awarded to the Children's 
Museum of History, Natural History, Science and Technology, 
Utica, New York, for technology improvements, staffing and 
training, $400,000 shall be awarded to the Cincinnati Museum 
Center at Union Terminal, Cincinnati, Ohio, to develop and 
implement an integrated curriculum that will utilize its 
resources in art, science, and history when visiting the 
museum, $150,000 shall be awarded to the City of Hemet, 
California, for Hemet Public Library, for library materials and 
technological equipment, $387,000 shall be awarded to the City 
of Whittier, California, for the Whittier Public Library 
Children's Area and History Room, $250,000 shall be awarded to 
the Cleveland Health Museum, Cleveland, Ohio, for exhibits, 
$100,000 shall be awarded to the College of Physicians of 
Philadelphia, Philadelphia, Pennsylvania, to preserve medical 
library and art collection, $400,000 shall be awarded to the 
Davenport Music History Museum in Davenport, Iowa, $75,000 
shall be awarded to the Delaware County Historical Society, 
Media, Pennsylvania, for educational programs highlighting 
historical themes and sites relating to Delaware County, 
$75,000 shall be awarded to the East Stroudsburg University, 
East Stroudsburg, Pennsylvania to preserve and develop exhibits 
for their Vintage Radio Programs and Jazz Museum, $100,000 
shall be awarded to the Elmwood Zoo, Norristown, Pennsylvania 
for student education programs, $75,000 shall be awarded to the 
Erie County, Erie, Pennsylvania, for technology upgrades for 
the Erie County Library, $100,000 shall be awarded to the 
Fender Museum of the Arts Foundation, Corona, California, for 
the Kids Rock Free educational program, $200,000 shall be 
awarded to the Fine Arts Museums of San Francisco for the De 
Young Museum's Art Education Program, $1,500,000 shall be 
awarded to the Florida Holocaust Museum, St. Petersburg, 
Florida, for school outreach program, $750,000 shall be awarded 
to the Florida International Museum, St. Petersburg, Florida, 
for professional activities, $1,600,000 shall be awarded to the 
Folger Library, Washington, DC for exhibits, operations, and 
public programs including education and outreach, $50,000 shall 
be awarded to the Forsyth County Public Library, Winston-Salem, 
North Carolina, for salaries, supplies, personnel and 
materials, $50,000 shall be awarded to the Gault Family 
Learning Center, Wooster, Ohio, for PALS/Parenting Resource 
Center/Growing Together, $250,000 shall be awarded to the 
General George S. Patton Jr. National Museum of Cavalry and 
Armor, Fort Knox, Kentucky, $500,000 shall be awarded to the 
George C. Marshall Foundation in Lexington, Virginia, for 
exhibit design and development and collection preservation, 
$500,000 shall be awarded to the Grout Museum, Waterloo, Iowa, 
for exhibits and design of the Sullivan Brothers Veterans 
Museum and Research Center, $200,000 shall be awarded to the 
Heritage Harbor Museum of Providence, Rhode Island for exhibit 
design and development relating Rhode Island and American 
history, $150,000 shall be awarded to the Hernando County 
Library System, Florida, for technology improvements at West 
Hernando Branch Library, Brooksville Main Library, Spring Hill 
Library, and East Hernando Branch Library, $250,000 shall be 
awarded to the Hesperia Community Library, Hesperia, 
California, $200,000 shall be awarded to the Historical Society 
of Western Pennsylvania, Pittsburgh, Pennsylvania for exhibit 
and curriculum development for the Western Pennsylvania Sports 
Museum at the Senator John Heinz Pittsburgh Regional History 
Center, $150,000 shall be awarded to the Historical Society of 
Western Pennsylvania, Pittsburgh, Pennsylvania for exhibit 
design and development for the Meadowcraft Museum of Rural 
Life, $250,000 shall be awarded to the Idaho State University, 
Pocatello, Idaho, for a Virtual Idaho Museum of Natural History 
project, $50,000 shall be awarded to the Imaginarium Science 
Center, Anchorage, Alaska to develop science exhibits and 
distance delivery modules, $100,000 shall be awarded to the 
International Museum of Women to develop exhibits on the 
history of women's lives worldwide, $100,000 shall be awarded 
to the International Storytelling Center, Jonesborough, 
Tennessee, $100,000 shall be awarded to the James Ford Bell 
Museum of Natural History, Minneapolis, Minnesota, to produce 
detailed exhibit design and development, $100,000 shall be 
awarded to the Kishacoquillas Valley Historical Society, 
Allensville, Pennsylvania for care and preservation of 
collection, $100,000 shall be awarded to the Lafayette College, 
Easton, Pennsylvania, for technology updates to the Skillman 
Library, $166,000 shall be awarded to the Madera County 
Resource Management Agency, Madera, California, $21,000 shall 
be awarded to the Magic House, Kirkwood, Missouri for the 
development and design of interactive exhibits and software to 
be used within The Magic Library to support family literacy, 
$100,000 shall be awarded to the Mary Meuser Memorial Library, 
Easton, Pennsylvania for library upgrades, $250,000 shall be 
awarded to the Metropolitan Museum of Art, New York, in 
conjunction with the Fairbanks Museum of Art and the Anchorage 
Museum of History and Art, for costs of mounting the exhibit 
and for costs associated with bringing the exhibit to Alaska, 
$350,000 shall be awarded to the Michigan Space and Science 
Center, Jackson, Michigan, for development of the strategic 
plan, operational costs and personnel, $450,000 shall be 
awarded to the Mississippi Department of Archives and History, 
Jackson, Mississippi, to complete the preservation and 
restoration of the Eudora Welty House, $75,000 shall be awarded 
to the Mobile Museum of Art, Mobile, Alabama for equipment and 
supplies, and for exhibit design and development, $100,000 
shall be awarded to the Morehouse College Library, Atlanta, 
Georgia for historical preservation of documents and records, 
$100,000 shall be awarded to the Mother Bethel Foundation, 
Philadelphia, Pennsylvania for care and preservation of 
collection at the Richard Allen Museum, $225,000 shall be 
awarded to the Museum of Aviation Foundation Inc., Warner 
Robins, Georgia, $250,000 shall be awarded to the Museum of 
Broadcast Communications, Chicago, Illinois for educational 
programming, $1,000,000 shall be awarded to the Museum of 
Science in Boston, Massachusetts, for technology upgrades and 
equipment for the National Center for Technology Literacy, 
$100,000 shall be awarded to the Mystic Seaport, the Museum of 
America and the Sea, Mystic, Connecticut to support 
collections, $50,000 shall be awarded to the National Canal 
Museum, Easton, Pennsylvania, for educational programming and 
exhibits on the use of transportation and industrial technology 
along the Lehigh Canal, $400,000 shall be awarded to the 
National Center for American Revolution, Wayne, Pennsylvania, 
for exhibit design and curriculum development for the Museum of 
the American Revolution at Valley Forge National Historic Park, 
$50,000 shall be awarded to the National Center for the Study 
of Civil Rights and African-American Culture, Alabama State 
University, Montgomery, Alabama, for support of events leading 
into the 50th anniversary of the Montgomery Bus Boycott, 
$500,000 shall be awarded to the National Civil Rights Museum 
in Memphis for exhibit design and development, and for 
educational programs, $16,000 shall be awarded to the National 
Distance Running Hall of Fame, Utica, New York, for display 
cases and to establish new interactive displays, $500,000 shall 
be awarded to the National Liberty Museum, Philadelphia, 
Pennsylvania for a teacher training program to assist educators 
in addressing violence in schools, $650,000 shall be awarded to 
the National Mississippi River Museum and Aquarium in Dubuque, 
Iowa for exhibits, $200,000 shall be awarded to the National 
Museum of American Jewish History, Philadelphia, Pennsylvania 
for online educational programming and technology 
modernization, $1,000,000 shall be awarded to the National 
Museum of Women in the Arts, Washington, DC, $1,000,000 shall 
be awarded to the Native American Cultural and Educational 
Authority, Oklahoma City, Oklahoma, for the Oklahoma Native 
American Culture Center and Museum, to be expended only upon 
meeting the matching requirements in Title III, section 
301(b)(2)(B) of Public Law 107-331, $300,000 shall be awarded 
to the Negro Leagues Baseball Museum, Kansas City, Missouri, 
for exhibits for the Double Play Action Center, $400,000 shall 
be awarded to the New York Botanical Garden's Virtual Herbarium 
imaging project in Bronx, New York, $900,000 shall be awarded 
to the New York Hall of Science to develop, expand, and display 
science-related educational materials, $420,000 shall be 
awarded to the Niagara County Historical Society, Lockport, New 
York, to create a state-of-the-art interpretive museum, $50,000 
shall be awarded to the Northwest Museum of Arts and Culture, 
Spokane, Washington for the Star Nations Program, $210,000 
shall be awarded to the O. Winston Link Museum, Roanoke, 
Virginia, for displays and digitization, $150,000 shall be 
awarded to the Piper's Opera House Programs, Inc., Virginia 
City, Nevada for exhibit design and development, educational 
programming, and technology modernization, $100,000 shall be 
awarded to the Pittsburgh Children's Museum, Pittsburgh, 
Pennsylvania, to expand arts and after-school programs for at-
risk children, $50,000 shall be awarded to the Placer County 
Library, Auburn, California, to enhance library collection 
through the purchase of library materials, $977,000 shall be 
awarded to the Plano Community Library District, Plano, 
Illinois, for expenses related to the library, $725,000 shall 
be awarded to the Please Touch Museum, Philadelphia, 
Pennsylvania, to develop educational programs focusing on 
hands-on learning experiences, $100,000 shall be awarded to the 
Plumas County Library, Quincy, California, for library 
materials, $25,000 shall be awarded to the Putnam County 
Commissioners, Winfield, West Virginia, for technology for the 
public library system in Putnam County, $200,000 shall be 
awarded to the Rock and Roll Hall of Fame and Museum, 
Cleveland, Ohio for the Rockin' the Schools education program, 
$50,000 shall be awarded to the Saint Tikhon's Theological 
Seminary, South Canaan, Pennsylvania, for care and preservation 
of Russian artifacts, $250,000 shall be awarded to the San 
Bernardino County, San Bernardino, California for the San 
Bernardino County Museum, $100,000 shall be awarded to the 
Serra Cooperative Library System, San Diego, California, to 
provide Live Homework Help Project to help students with expert 
tutors for real-time online instructions, $100,000 shall be 
awarded to the Simon Wiesenthal Center's Los Angeles Museum for 
Tolerance, Los Angeles, California, for the Tools for Tolerance 
for Educators program to provide teacher training in diversity, 
tolerance and cooperation, $25,000 shall be awarded to the 
Southern New Hampshire Services, Inc., Manchester, New 
Hampshire, for exhibit acquisition for SEE Science Center, 
$400,000 shall be awarded to the Speed Art Museum, Louisville, 
Kentucky, $100,000 shall be awarded to the Standing Bear Museum 
and Learning Center, Ponca City, Oklahoma, $1,000,000 shall be 
awarded to the State Historical Society of Iowa in Des Moines, 
Iowa for the development of exhibits for the World Food Prize, 
$200,000 shall be awarded to the Taft Museum of Art, 
Cincinnati, Ohio for educational programming and exhibits, 
$1,000,000 shall be awarded to the Tennessee State University 
African American History Museum, Nashville, Tennessee to 
enhance the library facilities which will include new exhibits, 
expanded archives, and research programs, $24,000 shall be 
awarded to The Arts Guild of Old Forge, Old Forge, New York, 
for the new exhibits spaces and educational programs, $50,000 
shall be awarded to the Tifton-Tift County Public Library, 
Tifton, Georgia, $60,000 shall be awarded to the Tillamook 
County Library, Tillamook, Oregon for design and development of 
exhibits and educational programs, $100,000 shall be awarded to 
the Town of Greece, Rochester, New York, for the Greece Public 
Library Security program, $50,000 shall be awarded to the 
Tuskegee Multicultural Center, Tuskegee, Alabama, to provide 
for technology enhancements and installation of exhibits, 
$400,000 shall be awarded to the University of Idaho for 
digital archiving and preservation of historically significant 
American music and facilitating its access to students and 
scholars nationwide, $500,000 shall be awarded to the Vietnam 
Archives Center at Texas Tech University, Lubbock, Texas, for 
technology infrastructure, $250,000 shall be awarded to the 
Virginia Historical Society, Richmond, Virginia, to assist with 
educational programmatic development and for cataloging and 
archiving of business history records, $100,000 shall be 
awarded to the Virginia Living Museum for the expansion of its 
educational programs in its capital campaign project, $100,000 
shall be awarded to the Westminster College Library, New 
Willmington, Pennsylvania for technology upgrades and computers 
and community programming, $600,000 shall be awarded to the 
WWII Victory Memorial Museum, Auburn, Indiana, for interpretive 
dioramas, education, research library and visual documentary, 
and $100,000 shall be awarded to the Zimmer Children's Museum, 
Los Angeles, California to expand the youTHink education 
program.

                  Medicare Payment Advisory Commission

                         SALARIES AND EXPENSES

    For expenses necessary to carry out section 1805 of the 
Social Security Act, $9,300,000, to be transferred to this 
appropriation from the Federal Hospital Insurance and the 
Federal Supplementary Medical Insurance Trust Funds.

        National Commission on Libraries and Information Science

                         SALARIES AND EXPENSES

    For necessary expenses for the National Commission on 
Libraries and Information Science, established by the Act of 
July 20, 1970 (Public Law 91-345, as amended), $1,000,000.

                     National Council on Disability

                         SALARIES AND EXPENSES

    For expenses necessary for the National Council on 
Disability as authorized by title IV of the Rehabilitation Act 
of 1973, as amended, $3,039,000.

                     National Labor Relations Board

                         SALARIES AND EXPENSES

    For expenses necessary for the National Labor Relations 
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, as amended (29 U.S.C. 141-167), 
and other laws, $244,073,000: Provided, That no part of this 
appropriation shall be available to organize or assist in 
organizing agricultural laborers or used in connection with 
investigations, hearings, directives, or orders concerning 
bargaining units composed of agricultural laborers as referred 
to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), 
and as amended by the Labor-Management Relations Act, 1947, as 
amended, and as defined in section 3(f) of the Act of June 25, 
1938 (29 U.S.C. 203), and including in said definition 
employees engaged in the maintenance and operation of ditches, 
canals, reservoirs, and waterways when maintained or operated 
on a mutual, nonprofit basis and at least 95 percent of the 
water stored or supplied thereby is used for farming purposes.

                        National Mediation Board

                         SALARIES AND EXPENSES

    For expenses necessary to carry out the provisions of the 
Railway Labor Act, as amended (45 U.S.C. 151-188), including 
emergency boards appointed by the President, $11,421,000.

            Occupational Safety and Health Review Commission

                         SALARIES AND EXPENSES

    For expenses necessary for the Occupational Safety and 
Health Review Commission (29 U.S.C. 661), $9,863,000.

                       Railroad Retirement Board

                     DUAL BENEFITS PAYMENTS ACCOUNT

    For payment to the Dual Benefits Payments Account, 
authorized under section 15(d) of the Railroad Retirement Act 
of 1974, $119,000,000, which shall include amounts becoming 
available in fiscal year 2004 pursuant to section 224(c)(1)(B) 
of Public Law 98-76; and in addition, an amount, not to exceed 
2 percent of the amount provided herein, shall be available 
proportional to the amount by which the product of recipients 
and the average benefit received exceeds $119,000,000: 
Provided, That the total amount provided herein shall be 
credited in 12 approximately equal amounts on the first day of 
each month in the fiscal year.

          FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

    For payment to the accounts established in the Treasury for 
the payment of benefits under the Railroad Retirement Act for 
interest earned on unnegotiated checks, $150,000, to remain 
available through September 30, 2005, which shall be the 
maximum amount available for payment pursuant to section 417 of 
Public Law 98-76.

                      LIMITATION ON ADMINISTRATION

    For necessary expenses for the Railroad Retirement Board 
for administration of the Railroad Retirement Act and the 
Railroad Unemployment Insurance Act, $101,300,000, to be 
derived in such amounts as determined by the Board from the 
railroad retirement accounts and from moneys credited to the 
railroad unemployment insurance administration fund.

             LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

    For expenses necessary for the Office of Inspector General 
for audit, investigatory and review activities, as authorized 
by the Inspector General Act of 1978, as amended, not more than 
$6,600,000, to be derived from the railroad retirement accounts 
and railroad unemployment insurance account: Provided, That 
none of the funds made available in any other paragraph of this 
Act may be transferred to the Office; used to carry out any 
such transfer; used to provide any office space, equipment, 
office supplies, communications facilities or services, 
maintenance services, or administrative services for the 
Office; used to pay any salary, benefit, or award for any 
personnel of the Office; used to pay any other operating 
expense of the Office; or used to reimburse the Office for any 
service provided, or expense incurred, by the Office.

                     Social Security Administration

                PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

    For payment to the Federal Old-Age and Survivors Insurance 
and the Federal Disability Insurance trust funds, as provided 
under sections 201(m), 228(g), and 1131(b)(2) of the Social 
Security Act, $21,658,000.

                  SUPPLEMENTAL SECURITY INCOME PROGRAM

    For carrying out titles XI and XVI of the Social Security 
Act, section 401 of Public Law 92-603, section 212 of Public 
Law 93-66, as amended, and section 405 of Public Law 95-216, 
including payment to the Social Security trust funds for 
administrative expenses incurred pursuant to section 201(g)(1) 
of the Social Security Act, $26,229,300,000, to remain 
available until expended: Provided, That any portion of the 
funds provided to a State in the current fiscal year and not 
obligated by the State during that year shall be returned to 
the Treasury.
    For making, after June 15 of the current fiscal year, 
benefit payments to individuals under title XVI of the Social 
Security Act, for unanticipated costs incurred for the current 
fiscal year, such sums as may be necessary.
    For making benefit payments under title XVI of the Social 
Security Act for the first quarter of fiscal year 2005, 
$12,590,000,000, to remain available until expended.

                 LIMITATION ON ADMINISTRATIVE EXPENSES

    For necessary expenses, including the hire of two passenger 
motor vehicles, and not to exceed $15,000 for official 
reception and representation expenses, not more than 
$8,241,800,000 may be expended, as authorized by section 
201(g)(1) of the Social Security Act, from any one or all of 
the trust funds referred to therein: Provided, That not less 
than $1,800,000 shall be for the Social Security Advisory 
Board: Provided further, That unobligated balances of funds 
provided under this paragraph at the end of fiscal year 2004 
not needed for fiscal year 2004 shall remain available until 
expended to invest in the Social Security Administration 
information technology and telecommunications hardware and 
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure: 
Provided further, That reimbursement to the trust funds under 
this heading for expenditures for official time for employees 
of the Social Security Administration pursuant to section 7131 
of title 5, United States Code, and for facilities or support 
services for labor organizations pursuant to policies, 
regulations, or procedures referred to in section 7135(b) of 
such title shall be made by the Secretary of the Treasury, with 
interest, from amounts in the general fund not otherwise 
appropriated, as soon as possible after such expenditures are 
made.
    In addition, $120,000,000 to be derived from administration 
fees in excess of $5.00 per supplementary payment collected 
pursuant to section 1616(d) of the Social Security Act or 
section 212(b)(3) of Public Law 93-66, which shall remain 
available until expended. To the extent that the amounts 
collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 2004 exceed $120,000,000, the amounts shall be 
available in fiscal year 2005 only to the extent provided in 
advance in appropriations Acts.
    From funds previously appropriated for this purpose, any 
unobligated balances at the end of fiscal year 2003 shall be 
available to continue Federal-State partnerships which will 
evaluate means to promote Medicare buy-in programs targeted to 
elderly and disabled individuals under titles XVIII and XIX of 
the Social Security Act.

                      OFFICE OF INSPECTOR GENERAL

                     (INCLUDING TRANSFER OF FUNDS)

    For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $24,500,000, together with not to exceed 
$63,700,000, to be transferred and expended as authorized by 
section 201(g)(1) of the Social Security Act from the Federal 
Old-Age and Survivors Insurance Trust Fund and the Federal 
Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the 
``Limitation on Administrative Expenses'', Social Security 
Administration, to be merged with this account, to be available 
for the time and purposes for which this account is available: 
Provided, That notice of such transfers shall be transmitted 
promptly to the Committees on Appropriations of the House and 
Senate.

                    United States Institute of Peace

                           OPERATING EXPENSES

    For necessary expenses of the United States Institute of 
Peace as authorized in the United States Institute of Peace 
Act, $17,200,000.

                      TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human 
Services, and Education are authorized to transfer unexpended 
balances of prior appropriations to accounts corresponding to 
current appropriations provided in this Act: Provided, That 
such transferred balances are used for the same purpose, and 
for the same periods of time, for which they were originally 
appropriated.
    Sec. 502. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in 
this Act shall be used, other than for normal and recognized 
executive-legislative relationships, for publicity or 
propaganda purposes, for the preparation, distribution, or use 
of any kit, pamphlet, booklet, publication, radio, television, 
or video presentation designed to support or defeat legislation 
pending before the Congress or any State legislature, except in 
presentation to the Congress or any State legislature itself.
    (b) No part of any appropriation contained in this Act 
shall be used to pay the salary or expenses of any grant or 
contract recipient, or agent acting for such recipient, related 
to any activity designed to influence legislation or 
appropriations pending before the Congress or any State 
legislature.
    Sec. 504. The Secretaries of Labor and Education are 
authorized to make available not to exceed $28,000 and $20,000, 
respectively, from funds available for salaries and expenses 
under titles I and III, respectively, for official reception 
and representation expenses; the Director of the Federal 
Mediation and Conciliation Service is authorized to make 
available for official reception and representation expenses 
not to exceed $5,000 from the funds available for ``Salaries 
and expenses, Federal Mediation and Conciliation Service''; and 
the Chairman of the National Mediation Board is authorized to 
make available for official reception and representation 
expenses not to exceed $5,000 from funds available for 
``Salaries and expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, 
no funds appropriated under this Act shall be used to carry out 
any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug.
    Sec. 506. (a) It is the sense of the Congress that, to the 
greatest extent practicable, all equipment and products 
purchased with funds made available in this Act should be 
American-made.
    (b) In providing financial assistance to, or entering into 
any contract with, any entity using funds made available in 
this Act, the head of each Federal agency, to the greatest 
extent practicable, shall provide to such entity a notice 
describing the statement made in subsection (a) by the 
Congress.
    (c) If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the 
same meaning, to any product sold in or shipped to the United 
States that is not made in the United States, the person shall 
be ineligible to receive any contract or subcontract made with 
funds made available in this Act, pursuant to the debarment, 
suspension, and ineligibility procedures described in sections 
9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 507. When issuing statements, press releases, requests 
for proposals, bid solicitations and other documents describing 
projects or programs funded in whole or in part with Federal 
money, all grantees receiving Federal funds included in this 
Act, including but not limited to State and local governments 
and recipients of Federal research grants, shall clearly state: 
(1) the percentage of the total costs of the program or project 
which will be financed with Federal money; (2) the dollar 
amount of Federal funds for the project or program; and (3) 
percentage and dollar amount of the total costs of the project 
or program that will be financed by non-governmental sources.
    Sec. 508. (a) None of the funds appropriated under this 
Act, and none of the funds in any trust fund to which funds are 
appropriated under this Act, shall be expended for any 
abortion.
    (b) None of the funds appropriated under this Act, and none 
of the funds in any trust fund to which funds are appropriated 
under this Act, shall be expended for health benefits coverage 
that includes coverage of abortion.
    (c) The term ``health benefits coverage'' means the package 
of services covered by a managed care provider or organization 
pursuant to a contract or other arrangement.
    Sec. 509. (a) The limitations established in the preceding 
section shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of 
        rape or incest; or
            (2) in the case where a woman suffers from a 
        physical disorder, physical injury, or physical 
        illness, including a life-endangering physical 
        condition caused by or arising from the pregnancy 
        itself, that would, as certified by a physician, place 
        the woman in danger of death unless an abortion is 
        performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or 
private person of State, local, or private funds (other than a 
State's or locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from 
offering abortion coverage or the ability of a State or 
locality to contract separately with such a provider for such 
coverage with State funds (other than a State's or locality's 
contribution of Medicaid matching funds).
    Sec. 510. (a) None of the funds made available in this Act 
may be used for--
            (1) the creation of a human embryo or embryos for 
        research purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of 
        injury or death greater than that allowed for research 
        on fetuses in utero under 45 CFR 46.208(a)(2) and 
        section 498(b) of the Public Health Service Act (42 
        U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo 
or embryos'' includes any organism, not protected as a human 
subject under 45 CFR 46 as of the date of the enactment of this 
Act, that is derived by fertilization, parthenogenesis, 
cloning, or any other means from one or more human gametes or 
human diploid cells.
    Sec. 511. (a) None of the funds made available in this Act 
may be used for any activity that promotes the legalization of 
any drug or other substance included in schedule I of the 
schedules of controlled substances established by section 202 
of the Controlled Substances Act (21 U.S.C. 812).
    (b) The limitation in subsection (a) shall not apply when 
there is significant medical evidence of a therapeutic 
advantage to the use of such drug or other substance or that 
federally sponsored clinical trials are being conducted to 
determine therapeutic advantage.
    Sec. 512. None of the funds made available in this Act may 
be obligated or expended to enter into or renew a contract with 
an entity if--
            (1) such entity is otherwise a contractor with the 
        United States and is subject to the requirement in 
        section 4212(d) of title 38, United States Code, 
        regarding submission of an annual report to the 
        Secretary of Labor concerning employment of certain 
        veterans; and
            (2) such entity has not submitted a report as 
        required by that section for the most recent year for 
        which such requirement was applicable to such entity.
    Sec. 513. None of the funds made available in this Act may 
be used to promulgate or adopt any final standard under section 
1173(b) of the Social Security Act (42 U.S.C. 1320d-2(b)) 
providing for, or providing for the assignment of, a unique 
health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until 
legislation is enacted specifically approving the standard.
    Sec. 514. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriation Act.
    Sec. 515. (a) In General.--Amounts made available under 
this Act for the administrative and related expenses for 
departmental management for the Department of Labor, the 
Department of Health and Human Services, and the Department of 
Education shall be reduced on a pro rata basis by $50,000,000: 
Provided, That not later than 15 days after the enactment of 
this Act, the Director of the Office of Management and Budget 
shall report to the House and Senate Committees on 
Appropriations the accounts subject to the pro rata reductions 
and the amount to be reduced in each account.
    (b) Limitation.--The reduction required by subsection (a) 
shall not apply to the Food and Drug Administration and the 
Indian Health Service.
    Sec. 516. None of the funds made available by this Act to 
carry out the Library Services and Technology Act may be made 
available to any library covered by paragraph (1) of section 
224(f) of such Act (20 U.S.C. 9134(f)), as amended by the 
Children's Internet Protections Act, unless such library has 
made the certifications required by paragraph (4) of such 
section.
    Sec. 517. None of the funds made available by this Act to 
carry out part D of title II of the Elementary and Secondary 
Education Act of 1965 may be made available to any elementary 
or secondary school covered by paragraph (1) of section 2441(a) 
of such Act (20 U.S.C. 6777(a)), as amended by the Children's 
Internet Protections Act and the No Child Left Behind Act, 
unless the local educational agency with responsibility for 
such covered school has made the certifications required by 
paragraph (2) of such section.
    This division may be cited as the ``Departments of Labor, 
Health and Human Services, and Education, and Related Agencies 
Appropriations Act, 2004''.

DIVISON F--DEPARTMENTS OF TRANSPORTATION AND TREASURY, AND INDEPENDENT 
                   AGENCIES APPROPRIATIONS ACT, 2004

                                 AN ACT

    Making appropriations for the Departments of Transportation and 
Treasury, and independent agencies for the fiscal year ending September 
                   30, 2004, and for other purposes.

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

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         SALARIES AND EXPENSES

    For necessary expenses of the Office of the Secretary, 
$80,903,000, of which not to exceed $2,210,000 shall be 
available for the immediate Office of the Secretary; not to 
exceed $700,000 shall be available for the immediate Office of 
the Deputy Secretary; not to exceed $15,403,000 shall be 
available for the Office of the General Counsel; not to exceed 
$12,312,000 shall be available for the Office of the Under 
Secretary of Transportation for Policy; not to exceed 
$8,536,000 shall be available for the Office of the Assistant 
Secretary for Budget and Programs; not to exceed $2,300,000 
shall be available for the Office of the Assistant Secretary 
for Governmental Affairs; not to exceed $24,612,000 shall be 
available for the Office of the Assistant Secretary for 
Administration; not to exceed $1,915,000 shall be available for 
the Office of Public Affairs; not to exceed $1,447,000 shall be 
available for the Office of the Executive Secretariat; not to 
exceed $700,000 shall be available for the Board of Contract 
Appeals; not to exceed $1,268,000 shall be available for the 
Office of Small and Disadvantaged Business Utilization; not to 
exceed $2,000,000 for the Office of Intelligence and Security; 
and not to exceed $7,500,000 shall be available for the Office 
of the Chief Information Officer: Provided, That the Secretary 
of Transportation is authorized to transfer funds appropriated 
for any office of the Office of the Secretary to any other 
office of the Office of the Secretary: Provided further, That 
no appropriation for any office shall be increased or decreased 
by more than 5 percent by all such transfers: Provided further, 
That any change in funding greater than 5 percent shall be 
submitted for approval to the House and Senate Committees on 
Appropriations: Provided further, That not to exceed $60,000 
shall be for allocation within the Department for official 
reception and representation expenses as the Secretary may 
determine: Provided further, That notwithstanding any other 
provision of law, excluding fees authorized in Public Law 107-
71, there may be credited to this appropriation up to 
$2,500,000 in funds received in user fees: Provided further, 
That none of the funds provided in this Act shall be available 
for the position of Assistant Secretary for Public Affairs.

                         OFFICE OF CIVIL RIGHTS

    For necessary expenses of the Office of Civil Rights, 
$8,569,000.

           TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

    For necessary expenses for conducting transportation 
planning, research, systems development, development 
activities, and making grants, to remain available until 
expended, $20,864,000.

                          WORKING CAPITAL FUND

    Necessary expenses for operating costs and capital outlays 
of the Working Capital Fund, not to exceed $116,715,000, shall 
be paid from appropriations made available to the Department of 
Transportation: Provided, That such services shall be provided 
on a competitive basis to entities within the Department of 
Transportation: Provided further, That the above limitation on 
operating expenses shall not apply to non-DOT entities: 
Provided further, That no funds appropriated in this Act to an 
agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal 
administrator: Provided further, That no assessments may be 
levied against any program, budget activity, subactivity or 
project funded by this Act unless notice of such assessments 
and the basis therefor are presented to the House and Senate 
Committees on Appropriations and are approved by such 
Committees.

               MINORITY BUSINESS RESOURCE CENTER PROGRAM

    For the cost of guaranteed loans, $500,000, as authorized 
by 49 U.S.C. 332: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That 
these funds are available to subsidize total loan principal, 
any part of which is to be guaranteed, not to exceed 
$18,367,000. In addition, for administrative expenses to carry 
out the guaranteed loan program, $400,000.

                       MINORITY BUSINESS OUTREACH

    For necessary expenses of Minority Business Resource Center 
outreach activities, $3,000,000, to remain available until 
September 30, 2005: Provided, That notwithstanding 49 U.S.C. 
332, these funds may be used for business opportunities related 
to any mode of transportation.

                        PAYMENTS TO AIR CARRIERS

                    (AIRPORT AND AIRWAY TRUST FUND)

    In addition to funds made available from any other source 
to carry out the essential air service program under 49 U.S.C. 
41731 through 41742, $52,000,000, to be derived from the 
Airport and Airway Trust Fund, to remain available until 
expended.

                    Federal Aviation Administration

                               OPERATIONS

    For necessary expenses of the Federal Aviation 
Administration, not otherwise provided for, including 
operations and research activities related to commercial space 
transportation, administrative expenses for research and 
development, establishment of air navigation facilities, the 
operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to 
the public, lease or purchase of passenger motor vehicles for 
replacement only, in addition to amounts made available by 
Public Law 104-264, $7,530,925,000, of which $4,500,000,000 
shall be derived from the Airport and Airway Trust Fund, of 
which not to exceed $6,053,724,000 shall be available for air 
traffic services program activities; not to exceed $880,684,000 
shall be available for aviation regulation and certification 
program activities; not to exceed $218,481,000 shall be 
available for research and acquisition program activities; not 
to exceed $11,776,000 shall be available for commercial space 
transportation program activities; not to exceed $49,783,000 
shall be available for financial services program activities; 
not to exceed $76,529,000 shall be available for human 
resources program activities; not to exceed $86,749,000 shall 
be available for regional coordination program activities; not 
to exceed $143,150,000 shall be available for staff offices; 
and not to exceed $29,681,000 shall be available for 
information services: Provided, That none of the funds in this 
Act shall be available for the Federal Aviation Administration 
to finalize or implement any regulation that would promulgate 
new aviation user fees not specifically authorized by law after 
the date of the enactment of this Act: Provided further, That 
there may be credited to this appropriation funds received from 
States, counties, municipalities, foreign authorities, other 
public authorities, and private sources, for expenses incurred 
in the provision of agency services, including receipts for the 
maintenance and operation of air navigation facilities, and for 
issuance, renewal or modification of certificates, including 
airman, aircraft, and repair station certificates, or for tests 
related thereto, or for processing major repair or alteration 
forms: Provided further, That of the funds appropriated under 
this heading, not less than $6,500,000 shall be for the 
contract tower cost-sharing program: Provided further, That 
funds may be used to enter into a grant agreement with a 
nonprofit standard-setting organization to assist in the 
development of aviation safety standards: Provided further, 
That none of the funds in this Act shall be available for new 
applicants for the second career training program: Provided 
further, That none of the funds in this Act shall be available 
for paying premium pay under 5 U.S.C. 5546(a) to any Federal 
Aviation Administration employee unless such employee actually 
performed work during the time corresponding to such premium 
pay: Provided further, That none of the funds in this Act may 
be obligated or expended to operate a manned auxiliary flight 
service station in the contiguous United States: Provided 
further, That none of the funds in this Act for aeronautical 
charting and cartography are available for activities conducted 
by, or coordinated through, the Working Capital Fund: Provided 
further, That of the amount appropriated under this heading, 
not to exceed $50,000 may be transferred to the Aircraft Loan 
Purchase Guarantee Program: Provided further, That not later 
than March 1, 2004, the Secretary of Transportation, in 
consultation with the Administrator of the Federal Aviation 
Administration, shall issue final regulations, pursuant to 5 
U.S.C. 8335, establishing an exemption process allowing 
individual air traffic controllers to delay mandatory 
retirement until the employee reaches no later than 61 years of 
age: Provided further, That of the funds provided under this 
heading, $4,000,000 is available only for recruitment, 
personnel compensation and benefits, and related costs to raise 
the level of operational air traffic control supervisors to the 
level of 1,726: Provided further, That none of the funds in 
this Act may be obligated or expended to execute or continue to 
implement a memorandum of understanding or memorandum of 
agreement (or any revisions thereto) with representatives of 
any FAA bargaining unit after January 1, 2004 unless such 
document is filed in a central registry and catalogued in an 
automated, searchable database under the executive direction of 
appropriate management representatives at FAA headquarters: 
Provided further, That none of the funds in this Act may be 
obligated or expended for an employee of the Federal Aviation 
Administration to purchase a store gift card or gift 
certificate through use of a Government-issued credit card.

                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, 
improvement by contract or purchase, and hire of air navigation 
and experimental facilities and equipment, as authorized under 
part A of subtitle VII of title 49, United States Code, 
including initial acquisition of necessary sites by lease or 
grant; engineering and service testing, including construction 
of test facilities and acquisition of necessary sites by lease 
or grant; construction and furnishing of quarters and related 
accommodations for officers and employees of the Federal 
Aviation Administration stationed at remote localities where 
such accommodations are not available; and the purchase, lease, 
or transfer of aircraft from funds available under this 
heading; to be derived from the Airport and Airway Trust Fund, 
$2,910,000,000, of which $2,489,158,800 shall remain available 
until September 30, 2006, and of which $420,841,200 shall 
remain available until September 30, 2004: Provided, That there 
may be credited to this appropriation funds received from 
States, counties, municipalities, other public authorities, and 
private sources, for expenses incurred in the establishment and 
modernization of air navigation facilities: Provided further, 
That upon initial submission to the Congress of the fiscal year 
2005 President's budget, the Secretary of Transportation shall 
transmit to the Congress a comprehensive capital investment 
plan for the Federal Aviation Administration which includes 
funding for each budget line item for fiscal years 2005 through 
2009, with total funding for each year of the plan constrained 
to the funding targets for those years as estimated and 
approved by the Office of Management and Budget: Provided 
further, That of the funds provided under this heading, not 
less than $3,000,000 is for contract audit services provided by 
the Defense Contract Audit Agency: Provided further, That of 
the funds provided under this heading, $25,000,000 is available 
only for the Houston Area Air Traffic System.

                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

                              (RESCISSION)

    Of the available balances under this heading, $30,000,000 
are rescinded.

                 RESEARCH, ENGINEERING, AND DEVELOPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

    For necessary expenses, not otherwise provided for, for 
research, engineering, and development, as authorized under 
part A of subtitle VII of title 49, United States Code, 
including construction of experimental facilities and 
acquisition of necessary sites by lease or grant, $119,439,000, 
to be derived from the Airport and Airway Trust Fund and to 
remain available until September 30, 2006: Provided, That there 
may be credited to this appropriation funds received from 
States, counties, municipalities, other public authorities, and 
private sources, for expenses incurred for research, 
engineering, and development.

                       GRANTS-IN-AID FOR AIRPORTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                    (AIRPORT AND AIRWAY TRUST FUND)

    For liquidation of obligations incurred for grants-in-aid 
for airport planning and development, and noise compatibility 
planning and programs as authorized under subchapter I of 
chapter 471 and subchapter I of chapter 475 of title 49, United 
States Code, and under other law authorizing such obligations; 
for procurement, installation, and commissioning of runway 
incursion prevention devices and systems at airports of such 
title; for grants authorized under section 41743 of title 49, 
United States Code; and for inspection activities and 
administration of airport safety programs, including those 
related to airport operating certificates under section 44706 
of title 49, United States Code, $3,400,000,000, to be derived 
from the Airport and Airway Trust Fund and to remain available 
until expended: Provided, That none of the funds under this 
heading shall be available for the planning or execution of 
programs the obligations for which are in excess of 
$3,400,000,000 in fiscal year 2004, notwithstanding section 
47117(g) of title 49, United States Code: Provided further, 
That none of the funds under this heading shall be available 
for the replacement of baggage conveyor systems, 
reconfiguration of terminal baggage areas, or other airport 
improvements that are necessary to install bulk explosive 
detection systems: Provided further, That notwithstanding any 
other provision of law, not more than $66,254,000 of funds 
limited under this heading shall be obligated for 
administration and not less than $20,000,000 shall be for the 
Small Community Air Service Development Pilot Program.

          GENERAL PROVISIONS--FEDERAL AVIATION ADMINISTRATION

    Sec. 101. Notwithstanding any other provision of law, 
airports may transfer, without consideration, to the Federal 
Aviation Administration (FAA) instrument landing systems (along 
with associated approach lighting equipment and runway visual 
range equipment) which conform to FAA design and performance 
specifications, the purchase of which was assisted by a Federal 
airport-aid program, airport development aid program or airport 
improvement program grant: Provided, That, the Federal Aviation 
Administration shall accept such equipment, which shall 
thereafter be operated and maintained by FAA in accordance with 
agency criteria.
    Sec. 102. None of the funds in this Act may be used to 
compensate in excess of 350 technical staff-years under the 
federally funded research and development center contract 
between the Federal Aviation Administration and the Center for 
Advanced Aviation Systems Development during fiscal year 2004.
    Sec. 103. None of the funds made available in this Act may 
be used for engineering work related to an additional runway at 
Louis Armstrong New Orleans International Airport.
    Sec. 104. None of the funds in this Act shall be used to 
pursue or adopt guidelines or regulations requiring airport 
sponsors to provide to the Federal Aviation Administration 
without cost building construction, maintenance, utilities and 
expenses, or space in airport sponsor-owned buildings for 
services relating to air traffic control, air navigation, or 
weather reporting: Provided, That the prohibition of funds in 
this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement on ``below-market'' 
rates for these items or to grant assurances that require 
airport sponsors to provide land without cost to the FAA for 
air traffic control facilities.
    Sec. 105. For an airport project that the Administrator of 
the Federal Aviation Administration (FAA) determines will add 
critical airport capacity to the national air transportation 
system, the Administrator is authorized to accept funds from an 
airport sponsor, including entitlement funds provided under the 
``Grants-in-Aid for Airports'' program, for the FAA to hire 
additional staff or obtain the services of consultants: 
Provided, That the Administrator is authorized to accept and 
utilize such funds only for the purpose of facilitating the 
timely processing, review, and completion of environmental 
activities associated with such project.
    Sec. 106. None of the funds appropriated or limited by this 
Act may be used to change weight restrictions or prior 
permission rules at Teterboro Airport in Teterboro, New Jersey.
    Sec. 107. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to establish 
or implement a pilot program under which not more than 10 
designated essential air service communities located in 
proximity to hub airports are required to assume 10 percent of 
their essential air subsidy costs for a 4-year period, commonly 
referred to as the EAS local participation program.
    Sec. 108. Notwithstanding any other provision of law, the 
costs of construction of terminal and hangar buildings are 
allowable for an airport development project at Somerset-
Pulaski County Airport-J.T. Wilson Field, Kentucky and at Pryor 
Field Regional Airport, Decatur, Alabama, under chapter 471 of 
title 49, United States Code.

                     Federal Highway Administration

                 LIMITATION ON ADMINISTRATIVE EXPENSES

    Necessary expenses for administration and operation of the 
Federal Highway Administration, not to exceed $337,604,000, 
shall be paid in accordance with law from appropriations made 
available by this Act to the Federal Highway Administration 
together with advances and reimbursements received by the 
Federal Highway Administration: Provided, That of the funds 
available under section 104(a)(1)(A) of title 23, United States 
Code, $7,000,000 shall be available for environmental 
streamlining activities, which may include making grants to, or 
entering into contracts, cooperative agreements, and other 
transactions, with a Federal agency, State agency, local 
agency, authority, association, nonprofit or for-profit 
corporation, or institution of higher education.

                          FEDERAL-AID HIGHWAYS

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

    None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for 
which are in excess of $33,843,000,000 for Federal-aid highways 
and highway safety construction programs for fiscal year 2004: 
Provided, That within the $33,843,000,000 obligation limitation 
on Federal-aid highways and highway safety construction 
programs, not more than $462,500,000 shall be available for the 
implementation or execution of programs for transportation 
research (sections 502, 503, 504, 506, 507, and 508 of title 
23, United States Code, as amended; section 5505 of title 49, 
United States Code, as amended; and sections 5112 and 5204-5209 
of Public Law 105-178) for fiscal year 2004: Provided further, 
That this limitation on transportation research programs shall 
not apply to any authority previously made available for 
obligation: Provided further, That within the $232,000,000 
obligation limitation on Intelligent Transportation Systems, 
the following sums shall be made available for Intelligent 
Transportation System projects that are designed to achieve the 
goals and purposes set forth in section 5203 of the Intelligent 
Transportation Systems Act of 1998 (subtitle C of title V of 
Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the 
following specified areas:
            City of Huntsville, Alabama, ITS, $4,500,000;
            511 Traveler Information Program in North Carolina, 
        $400,000;
            Advanced Ticket Collection and Passenger 
        Information Systems, New Jersey, $750,000;
            Advanced Traffic Analysis Center, North Dakota, 
        $200,000;
            Advanced Transportation Management Systems (ATMS), 
        Montgomery County, Maryland, $500,000;
            Alameda Corridor-East Gateway to America Project 
        Phase II, Los Angeles, California, $1,200,000;
            Alexandria ITS Real-Time Transit Enhancement Pilot 
        Project, $410,000;
            Altarum Restricted Use Technology Study, 
        $1,750,000;
            Altoona, Pennsylvania, ITS, $800,000;
            Amber Alert Multi-Regional Strategic Plan, 
        $400,000;
            ATR Transportation Technology/CVISN, New Mexico, 
        $175,000;
            Auburn, Auburn Way South ITS, Washington, 
        $1,600,000;
            Bay County Area Wide Traffic Signal System, 
        $750,000;
            Cargo Watch Logistics Information System, New York, 
        $2,500,000;
            Carson Passenger Information System, $300,000;
            CCTA Intelligent Transportation Systems, Vermont, 
        $300,000;
            City of Baltimore, Maryland Traffic Congestion 
        Management, $200,000;
            City of Boston Intelligent Transportation Systems, 
        Massachusetts, $1,000,000;
            City of New Rochelle, NY Traffic Signal Replacement 
        Program, $500,000;
            City of Santa Rosa, Intelligent Transportation 
        System, $300,000;
            Clark County Transit, VAST ITS, Washington, 
        $1,600,000;
            Computerization of traffic signals in Ashtabula, 
        Ohio, $14,000;
            Corona City-wide automated traffic management 
        system, $1,000,000;
            DelTrac Statewide Integration, Delaware, 
        $1,000,000;
            Demonstration project to deploy Geospatial 
        Emergency & Response System (GEARS) for transportation, 
        $150,000;
            Detroit Metro Airport ITS, $350,000;
            DuPage County Signal Interconnection Project, 
        $300,000;
            Elk Grove Traffic Operations Center, $960,000;
            Fairfax County Route 1 Traffic Synchronization ITS 
        Pilot Project, $500,000;
            FAST Las Vegas (ITS--Phase 2)--Construction, 
        $300,000;
            Fiber Optic Signal Interconnect System, Tuscon, 
        Arizona, $3,500,000;
            George Washington University, Virginia Campus, 
        $500,000;
            Germantown Parkway ITS Project, Tennessee, 
        $3,000,000;
            GMU ITS Research, Virginia, $500,000;
            Great Lakes ITS, Michigan, $3,000,000;
            Greater Philadelphia Chamber of Commerce ITS 
        System, Pennsylvania, $1,500,000;
            Harbor Boulevard Intelligent Transportation, 
        $800,000;
            Hawthorne Street Public Access Improvements, New 
        Bedford, Massachusetts, $150,000;
            Hillsborough Area Regional Transit: Bus Tracking, 
        Communication and Security, Florida, $750,000;
            Houma, Louisiana, $1,250,000;
            Houston ITS, $1,500,000;
            I-70 Incident Management Plan Implementation, 
        Colorado, $2,500,000;
            I-87 Highway Speed E-Z Pass at the Woodbury Toll 
        Barrier, $1,750,000;
            I-87 Smart Corridor, $1,000,000;
            I-90 Phase 2 Connector ITS Testbed--Town of North 
        Greenbush--Rensselaer County, New York, $200,000;
            Illinois Statewide ITS, $3,000,000;
            Implementation of Wisconsin DOT's Fiber Optics 
        Network, $1,000,000;
            Integration and Implementation of DYNASMART-X, 
        RHODES and CLAIRE in Houston, Texas, $500,000;
            Intelligent Transportation System (Kansas City 
        metro area), $200,000;
            Intelligent Transportation Systems--Phases II and 
        III, Ohio, $700,000;
            Intelligent Transportation Systems Deployment 
        Project, Inglewood, California, $500,000;
            Intelligent Transportation Systems, City of Wichita 
        Transit Authority, $750,000;
            Intelligent Transportation Systems, Statewide and 
        Commercial Vehicle Information Systems Network, 
        Maryland, $750,000;
            Intelligent Transportation Systems, Washington, DC 
        Region, $500,000;
            Intersection Signalization Project for the City of 
        Virginia Beach, Virginia, $500,000;
            Iowa Transportation Systems, $750,000;
            ITS Baton Rouge, Louisiana, $1,250,000;
            ITS Expansion in Davis and Utah Counties, Utah, 
        $1,250,000;
            ITS Logistics and Systems Management for the 
        Gateway Cities, $250,000;
            ITS Technologies, San Antonio, Texas, $200,000;
            ITS, Cache Valley, Utah, $1,000,000;
            Jacksonville Transportation Authority, Intelligent 
        Transportation Initiative--Regional Planning, Florida, 
        $750,000;
            King County, County-wide Signal Program, 
        Washington, $1,500,000;
            Lincoln, Nebraska StarTran Automatic Vehicle 
        Locator System, $1,000,000;
            Los Angeles MTA Regional Universal Fare System, 
        $500,000;
            Macomb County ITS Integration, Michigan, $600,000;
            Maine Statewide ITS, $1,000,000;
            Market Street Signalization Improvements, $100,000;
            MARTA Automated Fare Collection/Smart Card System, 
        Georgia, $700,000;
            Metrolina Transportation Management Center, 
        $1,750,000;
            Mid-America Surface Transportation Water Research 
        Institute, North Dakota, $500,000;
            Minnesota Guidestar, $1,250,000;
            Missouri Statewide Rural ITS, $4,000,000;
            Mobile Data Computer Network Phase II (MDCN), 
        Wisconsin, $2,200,000;
            Monroe County ATMS ITS Deployment Project, 
        $800,000;
            Montachusett Area Regional Transit (MART) AVLS, 
        Massachusetts, $240,000;
            Multi Region Advanced Traveler Information System 
        (ATIS) for the IH-20 Corridor--Phase 1 in Texas, 
        $550,000;
            Nebraska Statewide Intelligent Transportation 
        System Deployment, $1,000,000;
            New York State Thruway Authority Traffic Operation 
        Package for I-95 and I-87, $1,676,000;
            North Bergen, New Jersey Traffic Signalization 
        Replacement, $1,000,000;
            Oklahoma Statewide ITS, $4,000,000;
            Palm Tran, Palm Beach County, Florida--Automated 
        Vehicle Location and Mobile Data Terminals, $1,000,000;
            Portland State University Intelligent 
        Transportation Research Initiative, $400,000;
            Program of Projects, Washington, $2,000,000;
            Project Hoosier SAFE-T, $2,000,000;
            Real Time Transit Passenger Information System for 
        the Prince George's County Dept. of Public Works, 
        Maryland, $1,000,000;
            Regional Intelligent Transportation System, 
        Springfield, Missouri, $2,000,000;
            Regional ITS Architecture and Deployment Plan for 
        the Eagle Pass Region and Integrate with Laredo, 
        $300,000;
            Roosevelt Boulevard ITS Enhancement Pilot Program, 
        $750,000;
            Rural Freeway Management System Implementation for 
        the IH-20 Corridor in the Tyler Region--Phase 1, 
        $200,000;
            Sacramento Area Council of Governments--ITS 
        Projects, California, $1,175,000;
            San Diego Joint Transportation Operations Center, 
        $400,000;
            Seacoast Intelligent Transportation System 
        Congestion Relief Project, $1,000,000;
            Seattle City Center ITS, Washington, $2,500,000;
            Shreveport Intelligent Transportation System, 
        Louisiana, $1,000,000;
            South Carolina DOT Inroads Intelligent 
        Transportation System, $3,500,000;
            Spotswood Township, NJ; Expand and improve traffic 
        flow with road improvements, $250,000;
            SR 924 ITS Integration Project, $1,000,000;
            SR112 ITS Integration Project, $300,000;
            Statewide AVL Initiative, Nebraska, $300,000;
            Swatara Township, Pennsylvania--Traffic 
        Signalization Improvements, $100,000;
            TalTran ITS Smartbus Program, Florida, $1,750,000;
            Texas Medical Center EMS Early Warning 
        Transportation System, $1,000,000;
            Texas Statewide ITS Deployment and Integration, 
        City of Lubbock, $400,000;
            Texas Statewide ITS Deployment and Integration, 
        Port of Galveston, $400,000;
            Town of Cary Computerized Traffic Signal Project, 
        North Carolina, $800,000;
            Traffic Signal Controllers & Cabinets, District of 
        Columbia, $400,000;
            TRANSCOM Regional Architecture & TRANSMIT project, 
        NJ, NY, & CT, $500,000;
            Transportation Research Center (TRC) for Freight, 
        Trade, Security, and Economic Strength, Georgia, 
        $500,000;
            Tukwila, Signalization Interconnect and Intelligent 
        Transportation, Washington, $1,400,000;
            Twin Cities, Minnesota Redundant Communications 
        Pilot, $1,000,000;
            Tysons Transportation Association--ITS, $250,000;
            University of Kentucky Transportation Center, 
        $1,000,000;
            Ventura County Intelligent Transportation System, 
        $1,000,000;
            West Baton Rouge Parish Joint Operations Emergency 
        Communications Center, $800,000;
            Wisconsin CVISN Level One Deployment, $800,000; and
            Wyoming Statewide ITS Initiative, $4,000,000.

                          FEDERAL-AID HIGHWAYS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

    Notwithstanding any other provision of law, for carrying 
out the provisions of title 23, United States Code, that are 
attributable to Federal-aid highways, including the National 
Scenic and Recreational Highway as authorized by 23 U.S.C. 148, 
not otherwise provided, including reimbursement for sums 
expended pursuant to the provisions of 23 U.S.C. 308, 
$34,000,000,000 or so much thereof as may be available in and 
derived from the Highway Trust Fund, to remain available until 
expended.

                          FEDERAL-AID HIGHWAYS

           MISCELLANEOUS HIGHWAY AND HIGHWAY SAFETY PROGRAMS

                          (HIGHWAY TRUST FUND)

    Notwithstanding any other provision of law, from the 
available unobligated balances under the programs for which 
funds are authorized under sections 1101(a)(1), 1101(a)(2), 
1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105-178, 
as amended, $15,000,000 shall be made available for planning 
and design activities, and initiation of construction of the 
project at Pennsylvania Avenue in front of the White House; 
$20,000,000 shall be made available to provide grants to States 
for the development or enhancement of notification or 
communications systems along highways for alerts and other 
information for the recovery of abducted children under section 
303 of Public Law 108-21; $8,000,000 shall be made available to 
the Federal Motor Carrier Safety Administration to make grants 
to States for implementation of section 210 of Public Law 106-
159; $3,500,000 shall be made available to the Federal Motor 
Carrier Safety Administration for necessary operating expenses 
and personnel for implementation of section 210 of Public Law 
106-159; $23,000,000 shall be made available to the Federal 
Motor Carrier Safety Administration to make grants to States 
for southern border State operations for the purposes described 
in 49 U.S.C. 31104(f)(2)(B); $9,000,000 shall be made available 
to the Federal Motor Carrier Safety Administration to make 
grants to States for northern border truck inspections; 
$21,000,000 shall be made available to the Federal Motor 
Carrier Safety Administration to make grants to States, local 
governments, or other entities for commercial driver's license 
program improvements; $47,000,000 shall be made available to 
make grants to States for construction of State border safety 
inspection facilities at the United States border with Mexico; 
and $150,545,000 shall be made available to the National 
Highway Traffic Safety Administration for expenses necessary to 
discharge the functions of the Secretary, with respect to 
traffic and highway safety under chapter 301 of title 49, 
United States Code, and part C of subtitle VI of title 49, 
United States Code: Provided, That funds shall be made 
available from a State's available unobligated balances in the 
programs funded under sections 1101(a)(1) through (5) of Public 
Law 105-178, as amended, in the ratio that the State's total 
amount of funds apportioned under such programs for fiscal year 
2003 bears to the total amount of funds apportioned to all 
States under such programs: Provided further, That the funds 
made available under this heading may be transferred by the 
Secretary to another Federal agency, such funds to be then 
administered by the procedures of the Federal agency to which 
such funds are transferred: Provided further, That none of the 
funds provided to the National Highway Traffic Safety 
Administration may be obligated or expended to plan, finalize, 
or implement any rulemaking to add to section 575.104 of title 
49 of the Code of Federal Regulations any requirement 
pertaining to a grading standard that is different from the 
three grading standards (treadwear, traction, and temperature 
resistance) already in effect: Provided further, That all funds 
made available for obligation under this heading shall be 
available in the same manner as though such funds were 
apportioned under chapter one of title 23, United States Code, 
except that the Federal share payable on account of any 
program, project, or activity carried out with funds made 
available under this heading shall be 100 percent and such 
funds shall remain available for obligation until expended: 
Provided further, That all funds made available under this 
heading shall be subject to any limitation on obligations for 
Federal-aid highways and highway safety construction programs 
set forth in this Act or any other Act.

                          Federal-Aid Highways

                          (HIGHWAY TRUST FUND)

                              (RESCISSION)

    Of the unobligated balances of funds apportioned to each 
state under the program authorized under sections 1101(a)(1), 
1101(a)(2), 1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public 
Law 105-178, as amended, $207,000,000 are rescinded.

                 APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

    For necessary expenses for the Appalachian Development 
Highway System as authorized under section 1069(y) of Public 
Law 102-240, as amended, $125,000,000, to remain available 
until expended.

           GENERAL PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION

    Sec. 110. (a) For fiscal year 2004, the Secretary of 
Transportation shall--
            (1) not distribute from the obligation limitation 
        for Federal-aid Highways amounts authorized for 
        administrative expenses and programs funded from the 
        administrative takedown authorized by section 
        104(a)(1)(A) of title 23, United States Code, for the 
        highway use tax evasion program, for the Bureau of 
        Transportation Statistics and for the programs, 
        projects, and activities for which funds are made 
        available under the heading ``Federal-Aid Highways, 
        Miscellaneous Highway and Highway Safety Programs'' in 
        this Act;
            (2) not distribute an amount from the obligation 
        limitation for Federal-aid Highways that is equal to 
        the unobligated balance of amounts made available from 
        the Highway Trust Fund (other than the Mass Transit 
        Account) for Federal-aid highways and highway safety 
        programs for the prior fiscal years the funds for which 
        are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-
                aid Highways less the aggregate of amounts not 
                distributed under paragraphs (1) and (2), bears 
                to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and 
                highway safety construction programs (other 
                than sums authorized to be appropriated for 
                sections set forth in paragraphs (1) through 
                (7) of subsection (b) and sums authorized to be 
                appropriated for section 105 of title 23, 
                United States Code, equal to the amount 
                referred to in subsection (b)(8)) for such 
                fiscal year less the aggregate of the amounts 
                not distributed under paragraph (1) of this 
                subsection;
            (4) distribute the obligation limitation for 
        Federal-aid Highways less the aggregate amounts not 
        distributed under paragraphs (1) and (2) for section 
        201 of the Appalachian Regional Development Act of 1965 
        and $2,000,000,000 for such fiscal year under section 
        105 of title 23, United States Code (relating to 
        minimum guarantee) so that the amount of obligation 
        authority available for each of such sections is equal 
        to the amount determined by multiplying the ratio 
        determined under paragraph (3) by the sums authorized 
        to be appropriated for such section (except in the case 
        of section 105, $2,000,000,000) for such fiscal year;
            (5) distribute the obligation limitation provided 
        for Federal-aid Highways less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraph (4) for each of the 
        programs that are allocated by the Secretary under 
        title 23, United States Code (other than activities to 
        which paragraph (1) applies and programs to which 
        paragraph (4) applies) by multiplying the ratio 
        determined under paragraph (3) by the sums authorized 
        to be appropriated for such program for such fiscal 
        year; and
            (6) distribute the obligation limitation provided 
        for Federal-aid Highways less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraphs (4) and (5) for Federal-
        aid highways and highway safety construction programs 
        (other than the minimum guarantee program, but only to 
        the extent that amounts apportioned for the minimum 
        guarantee program for such fiscal year exceed 
        $2,639,000,000, and the Appalachian development highway 
        system program) that are apportioned by the Secretary 
        under title 23, United States Code, in the ratio that--
                    (A) sums authorized to be appropriated for 
                such programs that are apportioned to each 
                State for such fiscal year, bear to
                    (B) the total of the sums authorized to be 
                appropriated for such programs that are 
                apportioned to all States for such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid Highways shall not apply to 
obligations: (1) under section 125 of title 23, United States 
Code; (2) under section 147 of the Surface Transportation 
Assistance Act of 1978; (3) under section 9 of the Federal-Aid 
Highway Act of 1981; (4) under sections 131(b) and 131(j) of 
the Surface Transportation Assistance Act of 1982; (5) under 
sections 149(b) and 149(c) of the Surface Transportation and 
Uniform Relocation Assistance Act of 1987; (6) under sections 
1103 through 1108 of the Intermodal Surface Transportation 
Efficiency Act of 1991; (7) under section 157 of title 23, 
United States Code, as in effect on the day before the date of 
the enactment of the Transportation Equity Act for the 21st 
Century; (8) under section 105 of title 23, United States Code 
(but, only in an amount equal to $639,000,000 for such fiscal 
year); and for Federal-aid highway programs for which 
obligation authority was made available under the 
Transportation Equity Act for the 21st Century or subsequent 
public laws for multiple years or to remain available until 
used, but only to the extent that such obligation authority has 
not lapsed or been used.
    (c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall after 
August 1 for such fiscal year revise a distribution of the 
obligation limitation made available under subsection (a) if a 
State will not obligate the amount distributed during that 
fiscal year and redistribute sufficient amounts to those States 
able to obligate amounts in addition to those previously 
distributed during that fiscal year giving priority to those 
States having large unobligated balances of funds apportioned 
under sections 104 and 144 of title 23, United States Code, 
section 160 (as in effect on the day before the enactment of 
the Transportation Equity Act for the 21st Century) of title 
23, United States Code, and under section 1015 of the 
Intermodal Surface Transportation Efficiency Act of 1991 (105 
Stat. 1943-1945).
    (d) Applicability of Obligation Limitations to 
Transportation Research Programs.--The obligation limitation 
shall apply to transportation research programs carried out 
under chapter 5 of title 23, United States Code, except that 
obligation authority made available for such programs under 
such limitation shall remain available for a period of 3 fiscal 
years.
    (e) Redistribution of Certain Authorized Funds.--Not later 
than 30 days after the date of the distribution of obligation 
limitation under subsection (a), the Secretary shall distribute 
to the States any funds: (1) that are authorized to be 
appropriated for such fiscal year for Federal-aid highways 
programs (other than the program under section 160 of title 23, 
United States Code) and for carrying out subchapter I of 
chapter 311 of title 49, United States Code, and highway-
related programs under chapter 4 of title 23, United States 
Code; and (2) that the Secretary determines will not be 
allocated to the States, and will not be available for 
obligation, in such fiscal year due to the imposition of any 
obligation limitation for such fiscal year. Such distribution 
to the States shall be made in the same ratio as the 
distribution of obligation authority under subsection (a)(6). 
The funds so distributed shall be available for any purposes 
described in section 133(b) of title 23, United States Code.
    (f) Special Rule.--Obligation limitation distributed for a 
fiscal year under subsection (a)(4) of this section for a 
section set forth in subsection (a)(4) shall remain available 
until used and shall be in addition to the amount of any 
limitation imposed on obligations for Federal-aid highway and 
highway safety construction programs for future fiscal years.
    (g) Of the obligation authority distributed to a State 
under subsection (a)(6), an mount of obligation authority equal 
to the amount for each surface transportation project in such 
State identified in section 115 of the statement of managers 
accompanying this Act shall be available for carrying out each 
project.
    (h) The obligation limitation made available for the 
programs, projects, and activities for which funds are made 
available under the heading ``Federal-Aid Highways, 
Miscellaneous Highway and Highway Safety Program'' of this Act 
shall remain available until used and shall be in addition to 
the amount of any limitation imposed on obligations for 
Federal-aid highway and highway safety construction programs 
for future fiscal years.
    Sec. 111. Notwithstanding any other provision of law:
            (1) Section 1105(c) of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2032; 
        112 Stat. 191; 115 Stat. 871) is amended--
                    (A) in paragraph (42), by striking 
                ``Fulton, Mississippi,'' the first time that it 
                appears and all that follows to the end of the 
                paragraph and inserting ``Fulton, 
                Mississippi.''; and
                    (B) by adding at the end the following:
            ``(45) The United States Route 78 Corridor from 
        Memphis, Tennessee, to Corridor X of the Appalachian 
        development highway system near Fulton, Mississippi, 
        and Corridor X of the Appalachian development highway 
        system extending from near Fulton, Mississippi, to near 
        Birmingham, Alabama.''.
            (2) Section 1105(e)(5) of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2032; 
        115 Stat. 872) is amended--
                    (A) in subparagraph (A) by striking ``(A) 
                In general.--The portions'' and all that 
                follows through the end of the first sentence 
                and inserting:
                    ``(A) In general.--The portions of the 
                routes referred to in subsection (c)(1), 
                subsection (c)(3) (relating solely to the 
                Kentucky Corridor), clauses (i), (ii), and 
                (except with respect to Georgetown County) 
                (iii) of subsection (c)(5)(B), subsection 
                (c)(9), subsections (c)(18) and (c)(20), 
                subsection (c)(36), subsection (c)(37), 
                subsection (c)(40), subsection (c)(42), and 
                subsection (c)(45) that are not a part of the 
                Interstate System are designated as future 
                parts of the Interstate System.''; and
                    (B) by adding the following at the end of 
                subparagraph (B)(i): ``The route referred to in 
                subsection (c)(45) is designated as Interstate 
                Route I-22.''.
    Sec. 112. Notwithstanding any other provision of law, in 
section 1602 of the Transportation Equity Act for the 21st 
Century--
            (1) item number 230 is amended by striking ``Monroe 
        County transportation improvements on Long Pond Road, 
        Pattonwood Road, and Lyell Road'' and inserting ``Route 
        531/Brockport-Rochester Corridor in Monroe County, New 
        York''.
            (2) Item number 1149 is amended by striking 
        ``Traffic Mitigation Project on William Street and 
        Losson Road in Cheektowaga'' and inserting ``Study and 
        implement mitigation and diversion options for William 
        Street and Broadway Street in Cheektowaga, I-90 
        Corridor Study; Interchange 53 to Interchange 49, PIN 
        552830 and Cheektowaga Rails to Trails, PIN 575508''.
            (3) Item number 476 is amended by striking ``Expand 
        Perkins Road in Baton Rouge'' and inserting 
        ``Feasibility study, design, and construction of a 
        connector between Louisiana Highway 1026 and I-12 in 
        Livingston Parish''.
            (4) Item 4 of the table contained in section 1602 
        of the Transportation Equity Act for the 21st Century, 
        relating to construction of a bike path in Michigan, is 
        amended by striking ``between Mount Clemens and New 
        Baltimore'' and inserting ``for the Macomb Orchard 
        Trail in Macomb County''.
            (5) Item number 1077 is amended by striking 
        ``Construct I-95-I-26 interchange, Orangeburg Co'' and 
        inserting ``Expand Transportation Research Center, 
        South Carolina State University, Orangeburg, SC''.
            (6) Item number 897 is amended by striking 
        ``Upgrade Bishop Ford Expressway/142nd St. 
        interchange'' and inserting ``Road upgrade and access 
        road near the intersection of I-80 and I-57 in Country 
        Club Hills, Illinois''.
            (7) Item number 436 is amended by inserting after 
        ``Ohio River Major Investment Study Project, Kentucky 
        and Indiana'' the following: ``, and preliminary 
        engineering and right of way acquisition associated 
        with the project''.
    Sec. 113. Notwithstanding 31 U.S.C. 3302, funds received by 
the Bureau of Transportation Statistics from the sale of data 
products, for necessary expenses incurred pursuant to 49 U.S.C. 
111 may be credited to the Federal-aid highways account for the 
purpose of reimbursing the Bureau for such expenses: Provided, 
That such funds shall be subject to the obligation limitation 
for Federal-aid highways and highway safety construction.
    Sec. 114. Intelligent Transportation Systems appropriations 
made to the State of Wisconsin in Public Law 105-277, Public 
Law 106-69, and Public Law 107-87 shall not be subject to the 
limitations of Public Law 105-178, section 5208(d), 23 U.S.C. 
502 note.
    Sec. 115. Notwithstanding any other provision of law, from 
the available unobligated balances under the programs for which 
funds are authorized under sections 1101(a)(1), 1101(a)(2), 
1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105-178, 
as amended, of each State for which a project or projects in 
such State identified under this section in the statement of 
managers accompanying this Act shall be made available for 
necessary expenses to carry out such project: Provided, That 
the amount identified for each such project shall be made 
available from the State's unobligated balance in any of the 
five specified programs for which the project would be 
eligible, such selection to be at the option of the State: 
Provided further, That if a project is not otherwise eligible 
for funding under one of the five programs, then such project 
shall be deemed eligible and shall be funded from the 
unobligated balance of funds made available for the program for 
which funds are authorized under section 1101(a)(4) of Public 
Law 105-178, as amended, but not including funds setaside 
pursuant to 133(d) of title 23, United States Code: Provided 
further, That funds made available under this section may, at 
the request of a State, be transferred by the Secretary to 
another Federal agency to carry out a project funded under this 
section, such funds to be then administered by the procedures 
of the Federal agency to which such funds may be transferred: 
Provided further, That all funds made available for obligation 
under this section shall be available in the same manner as 
though such funds were apportioned under chapter one of title 
23, United States Code, except that the Federal share payable 
on account of any program, project, or activity carried out 
with funds made available under this heading shall be 100 
percent and such funds shall remain available for obligation 
until expended: Provided further, That all funds made available 
in this section shall be subject to any limitation on 
obligations for Federal-aid highways and highway safety 
construction programs set forth in this Act or any other Act.
    Sec. 116. Notwithstanding Public Law 105-178, section 
5208(d), Intelligent Transportation Systems appropriations 
for--
            (1) Wausau-Stevens Point-Wisconsin Rapids, 
        Wisconsin, in Public Law 105-277 and Public Law 106-69 
        shall be available for use in the counties of Ashland, 
        Barron, Bayfield, Burnett, Chippewa, Douglas, Iron, 
        Lincoln, Marathon, Polk, Portage, Price, Rusk, Sawyer, 
        Taylor, Washburn, Wood, Clark, Langlade, and Oneida; 
        and
            (2) the City of Superior and Douglas County, 
        Wisconsin, in Public Law 106-69 shall be available for 
        use in the City of Superior and northern Wisconsin.
    Sec. 117. (a) In General.--As soon as practicable after the 
date of enactment of this Act, the Secretary of Transportation 
shall enter into an agreement with the State of Nevada, the 
State of Arizona, or both, to provide a method of funding for 
construction of a Hoover Dam Bypass Bridge from funds allocated 
for the Federal Lands Highway Program under section 202(b) of 
title 23, United States Code.
    (b) Methods of Funding.--
            (1) The agreement entered into under subsection (a) 
        shall provide for funding in a manner consistent with 
        the advance construction and debt instrument financing 
        procedures for Federal-aid highways set forth in 
        section 115 and 122 of title 23, except that the 
        funding source may include funds made available under 
        the Federal Lands Highway Program.
            (2) Eligibility for funding under this subsection 
        shall not be construed as a commitment, guarantee, or 
        obligation on the part of the United States to provide 
        for payment of principal or interest of an eligible 
        debt financing instrument as so defined in section 122, 
        nor create a right of a third party against the United 
        States for payment under an eligible debt financing 
        instrument. The agreement entered into pursuant to 
        subsection (a) shall make specific reference to this 
        provision of law.
            (3) The provisions of this section do not limit the 
        use of other available funds for which the project 
        referenced in subsection (a) is eligible.
    Sec. 118. Section 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991, item number 8, is 
amended by striking ``To relocate'' and all that follows 
through ``Street'' and inserting the following, ``For road 
improvements and non-motorized enhancements in the Detroit East 
Riverfront, Detroit, Michigan''.
    Sec. 119. The funds provided under the heading 
``Transportation and Community and System Preservation 
Program'' in Conference Report 106-940 for the Lodge Freeway 
pedestrian overpass, Detroit, Michigan, shall be transferred 
to, and made available for, enhancements in the East 
Riverfront, Detroit, Michigan.
    Sec. 120. The funds provided under the heading 
``Transportation and Community and System Preservation 
Program'' in Conference Report 107-308 for the Eastern Market 
pedestrian overpass park, shall be transferred to, and made 
available for, enhancements in the East Riverfront, Detroit, 
Michigan.
    Sec. 121. Kansas Recreation Areas. Any unexpended balances 
of the amounts made available by the Consolidated 
Appropriations Resolution, 2003 (Public Law 108-7) from the 
Federal-aid highway account for improvements to Council Grove 
Lake, Kansas, shall be available to make improvements to Richey 
Cove, Santa Fe Recreation Area, Canning Creek Recreation Area, 
and other areas in the State of Kansas.
    Sec. 122. Section 330 of Public Law 108-7 is amended to 
read as follows: In addition to amounts otherwise made 
available in this Act, to enable the Secretary of 
Transportation to make grants for surface transportation 
projects, $90,600,000 to remain available until expended: 
Provided, That notwithstanding any other provision of law, the 
surface transportation projects identified in the Joint 
Explanatory Statement of the Committee of Conference 
accompanying this Act are also eligible for funding made 
available by the immediately preceding clause of this 
provision: Provided further, That notwithstanding any other 
provision of law and the immediately preceding clause of this 
provision, the Secretary of Transportation may use amounts made 
available by this section to make grants for any surface 
transportation project otherwise eligible for funding under 
title 23 or title 49 of the United States Code.
    Sec. 123. (a) Section 14501 of title 40, United States Code 
is amended in the third sentence by striking ``three thousand 
and twenty-five'' and inserting ``three thousand and ninety''.
    (b) There is hereby designated as Corridor X-1 in Alabama 
an addition to the Appalachian development highway system. 
Corridor X-1 shall extend approximately sixty-five miles along 
the alignment of the Birmingham Northern Beltline from 
Interstate 20/59, in the vicinity of Interstate 459 southwest 
of Birmingham, and extending northward crossing State Route 269 
and Corridor X and continuing eastward crossing Interstate 65, 
United States Route 31, State Route 79, State Route 75, 
Interstate 59, United States Route 11, United States Route 411, 
and connecting to Interstate 20 to the east of Birmingham. 
Corridor X-1 shall be developed as a multi-lane freeway, with 
interchanges at appropriate crossroad locations.
    Sec. 124. Motorist Information Concerning Pharmacy 
Services. (a) In General.--Not later than 180 days after the 
date of enactment of this Act, the Secretary of Transportation 
shall amend the Manual on Uniform Traffic Control Devices to 
include a provision permitting information to be provided to 
motorists to assist motorists in locating licensed 24-hour 
pharmacy services open to the public.
    (b) Logo Panel.--The provision under subsection (a) may 
allow placement of a logo panel that displays information 
disclosing the names or logos of pharmacies described in 
subsection (a) that are located within 3 miles of an 
interchange on the Federal-aid system (as defined in section 
101 of title 23, United States Code).
    Sec. 125. Notwithstanding any other provision of law, funds 
obligated for pre-implementation costs, project design, and 
implementation costs of the I-15 Congestion Pricing Project, 
also known as the I-15 FasTrack project located in the city of 
San Diego shall be eligible for funding the costs incurred 
under such project. The Federal share payable for the total 
cost of the project shall not exceed 80 percent.
    Sec. 126. The project name in House Report 108-10, 
delineating projects referenced in Division I, Section 330, of 
the Fiscal Year 2003 Omnibus Appropriations Act, Public Law 
108-7, is amended by striking ``Freight Enhancement KY 
Highlands, Kentucky,'' and inserting ``Kentucky Highlands, 
Freight Enhancement Revolving Loan Fund, Kentucky''. 
Notwithstanding any other provision of law, such revolving loan 
fund shall be eligible for the funding made available under 
this section and administered consistent with section 1511 of 
Public Law 105-178, except that such assistance shall be to 
assist in financing freight enhancement projects and that 
capitalization of such fund shall be limited to the amount made 
available by Division I, Section 330 of Public Law 108-7.
    Sec. 127. The amount made available for obligation in 
fiscal year 2003 for the project Kannapolis Parkway & 
Interstate 85 Interchange-Kannapolis, North Carolina as 
specified in section 329 of Public Law 108-7 and on page 1317 
of the Joint Committee of the Conference pursuant to the Joint 
Resolution Making Consolidated Appropriations for fiscal year 
2003 shall be reprogrammed and transferred to and made 
available for obligation for ``Kannapolis Industrial Park 
Access Road-Kannapolis, North Carolina''.
    Sec. 128. Section 378 of the Department of Transportation 
and Related Agencies Appropriations Act, 2001 (as enacted into 
law by Public Law 106-346; 114 Stat. 1356A-40) is amended by 
striking ``$5,000,000 for improvements to US 73 from State 
Avenue North to Marxen Road in Wyandotte County, Kansas'' and 
inserting ``$5,000,000 for improvements to US 73 from State 
Avenue north to Marxen Road, and along US 73 on State Avenue 
eastward to its terminus at I-435, in Wyandotte County, 
Kansas''.
    Sec. 129. Section 375 of division I of the Consolidated 
Appropriations Resolution, 2003 (117 Stat. 428) is amended by 
inserting before the period at the end the following: ``, 
including construction of a connector road between the newly 
relocated State Route 1045 and Saint Vincent College, Latrobe, 
PA''.

              Federal Motor Carrier Safety Administration

                          MOTOR CARRIER SAFETY

                 LIMITATION ON ADMINISTRATIVE EXPENSES

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

                     (INCLUDING TRANSFER OF FUNDS)

    Notwithstanding any other provision of law, none of the 
funds in this Act shall be available for expenses for 
administration of motor carrier safety programs and motor 
carrier safety research, the obligations for which are in 
excess of $176,070,000 for fiscal year 2004: Provided, That 
notwithstanding any other provision of law, for payment of 
obligations incurred to pay administrative expenses of the 
Federal Motor Carrier Safety Administration, $176,070,000, to 
be derived from the Highway Trust Fund and to remain available 
until expended.

                 NATIONAL MOTOR CARRIER SAFETY PROGRAM

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

     Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out 49 U.S.C. 31102, 31106 and 
31309, $190,000,000, to be derived from the Highway Trust Fund 
and to remain available until expended: Provided, That none of 
the funds in this Act shall be available for the implementation 
or execution of programs the obligations for which are in 
excess of $190,000,000 for ``Motor Carrier Safety Grants'', and 
``Information Systems''.

    GENERAL PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

    Sec. 130. Funds appropriated or limited in this Act shall 
be subject to the terms and conditions stipulated in section 
350 of Public Law 107-87, including that the Secretary submit a 
report to the House and Senate Appropriations Committees 
annually on the safety and security of transportation into the 
United States by Mexico-domiciled motor carriers.
    Sec. 131. No funds appropriated or otherwise made available 
by this Act may be used to implement or enforce any provisions 
of the Final Rule, issued on April 16, 2003 (Docket No. FMCSA-
97-2350), with respect to either of the following:
            (1) The operators of utility service vehicles, as 
        that term is defined in section 395.2 of title 49, Code 
        of Federal Regulations.
            (2) Maximum daily hours of service for drivers 
        engaged in the transportation of property or passengers 
        to or from a motion picture or television production 
        site located within a 100-air mile radius of the work 
        reporting location of such drivers.

             National Highway Traffic Safety Administration

                        OPERATIONS AND RESEARCH

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out the provisions of 23 
U.S.C. 403, to remain available until expended, $72,000,000, to 
be derived from the Highway Trust Fund: Provided, That none of 
the funds in this Act shall be available for the planning or 
execution of programs the total obligations for which, in 
fiscal year 2004, are in excess of $72,000,000 for programs 
authorized under 23 U.S.C. 403.

                        NATIONAL DRIVER REGISTER

                          (HIGHWAY TRUST FUND)

    For expenses necessary to discharge the functions of the 
Secretary with respect to the National Driver Register under 
chapter 303 of title 49, United States Code, $3,600,000, to be 
derived from the Highway Trust Fund, and to remain available 
until expended.

                     HIGHWAY TRAFFIC SAFETY GRANTS

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out the provisions of 23 
U.S.C. 402, 405, and 410, to remain available until expended, 
$225,000,000, to be derived from the Highway Trust Fund: 
Provided, That none of the funds in this Act shall be available 
for the planning or execution of programs the total obligations 
for which, in fiscal year 2004, are in excess of $225,000,000 
for programs authorized under 23 U.S.C. 402, 405, and 410, of 
which $165,000,000 shall be for ``Highway Safety Programs'' 
under 23 U.S.C. 402, $20,000,000 shall be for ``Occupant 
Protection Incentive Grants'' under 23 U.S.C. 405, and 
$40,000,000 shall be for ``Alcohol-Impaired Driving 
Countermeasures Grants'' under 23 U.S.C. 410: Provided further, 
That none of these funds shall be used for construction, 
rehabilitation, or remodeling costs, or for office furnishings 
and fixtures for State, local, or private buildings or 
structures: Provided further, That not to exceed $8,150,000 of 
the funds made available for section 402, not to exceed 
$1,000,000 of the funds made available for section 405, and not 
to exceed $2,000,000 of the funds made available for section 
410 shall be available to NHTSA for administering highway 
safety grants under chapter 4 of title 23, United States Code: 
Provided further, That not to exceed $500,000 of the funds made 
available for section 410 ``Alcohol-Impaired Driving 
Countermeasures Grants'' shall be available for technical 
assistance to the States.

   GENERAL PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

    Sec. 140. Notwithstanding any other provision of law, 
States may use funds provided in this Act under section 402 of 
title 23, United States Code, to produce and place highway 
safety public service messages in television, radio, cinema, 
and print media, and on the Internet in accordance with 
guidance issued by the Secretary of Transportation: Provided, 
That any State that uses funds for such public service messages 
shall submit to the Secretary a report describing and assessing 
the effectiveness of the messages: Provided further, That 
$10,000,000 of the funds allocated under section 157 of title 
23, United States Code, shall be used as directed by the 
National Highway Traffic Safety Administrator to purchase 
national paid advertising (including production and placement) 
to support national safety belt mobilizations: Provided 
further, That, of the funds allocated under section 163 of 
title 23, United States Code, $2,750,000 shall be used as 
directed by the Administrator to support national impaired 
driving mobilizations and enforcement efforts, $14,000,000 
shall be used as directed by the Administrator to purchase 
national paid advertising (including production and placement) 
to support such national impaired driving mobilizations and 
enforcement efforts, $500,000 shall be used as directed by the 
Administrator to conduct an evaluation of alcohol-impaired 
driving messages, and $3,000,000 shall be used as directed by 
the Administrator to conduct an impaired driving demonstration 
program.
    Sec. 141. Notwithstanding any other provision of law, funds 
appropriated or limited in the Act to educate the motoring 
public on how to share the road safely with commercial motor 
vehicles shall be administered by the National Highway Traffic 
Safety Administration.
    Sec. 142. Notwithstanding any other provision of law, for 
fiscal year 2004 the Secretary of Transportation is authorized 
to use amounts made available to carry out section 157 of title 
23, United States Code, to make innovative project allocations, 
not to exceed the prior year's amounts for such allocations, 
before making incentive grants for use of seat belts.
    Sec. 143. Notwithstanding any other provision of law, for 
fiscal year 2004 the Secretary of Transportation is authorized 
to use the amounts made available to carry out section 163 of 
title 23, United States Code, to support national mobilizations 
that target impaired drivers, in cooperation with the States 
and nonprofit safety organizations that have been active 
participants in such mobilizations. Such support shall include 
impaired driving enforcement grants, broadcast advertising to 
be used as directed by the Secretary, evaluation of these 
activities, and a demonstration project to test new and 
improved strategies in States where the largest gains in 
reducing alcohol-related fatalities can be made, as determined 
by the Secretary.

                    Federal Railroad Administration

                         SAFETY AND OPERATIONS

    For necessary expenses of the Federal Railroad 
Administration, not otherwise provided for, $130,825,000, of 
which $11,712,000 shall remain available until expended.

                   RAILROAD RESEARCH AND DEVELOPMENT

    For necessary expenses for railroad research and 
development, $34,025,000, to remain available until expended.

            RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

     The Secretary of Transportation is authorized to issue to 
the Secretary of the Treasury notes or other obligations 
pursuant to section 512 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (Public Law 94-210), as amended, 
in such amounts and at such times as may be necessary to pay 
any amounts required pursuant to the guarantee of the principal 
amount of obligations under sections 511 through 513 of such 
Act, such authority to exist as long as any such guaranteed 
obligation is outstanding: Provided, That pursuant to section 
502 of such Act, as amended, no new direct loans or loan 
guarantee commitments shall be made using Federal funds for the 
credit risk premium during fiscal year 2004: Provided further, 
That no payments of principal or interest shall be collected 
during fiscal year 2004 for the direct loan made to the 
National Railroad Passenger Corporation under section 502 of 
such Act.

                    NEXT GENERATION HIGH-SPEED RAIL

    For necessary expenses for the Next Generation High-Speed 
Rail program as authorized under 49 U.S.C. 26101 and 26102, 
$37,400,000, to remain available until expended.

                     ALASKA RAILROAD REHABILITATION

    To enable the Secretary of Transportation to make grants to 
the Alaska Railroad, $25,000,000 shall be for capital 
rehabilitation and improvements benefiting its passenger 
operations, to remain available until expended.

         GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

    To enable the Secretary of Transportation to make quarterly 
grants to the National Railroad Passenger Corporation, 
$1,225,000,000, to remain available until September 30, 2004: 
Provided, That the Secretary of Transportation shall approve 
funding to cover operating losses and capital expenditures, 
including advance purchase orders, for the National Railroad 
Passenger Corporation only after receiving and reviewing a 
grant request for each specific train route: Provided further, 
That each such grant request shall be accompanied by a detailed 
financial analysis, revenue projection, and capital expenditure 
projection justifying the Federal support to the Secretary's 
satisfaction: Provided further, That the Secretary of 
Transportation shall reserve $60,000,000 of the funds provided 
under this heading and is authorized to transfer such sums to 
the Surface Transportation Board, upon request from said Board, 
to carry out directed service orders issued pursuant to section 
11123 of title 49, United States Code to respond to the 
cessation of commuter rail operations by the National Railroad 
Passenger Corporation: Provided further, That the Secretary of 
Transportation shall make the reserved funds available to the 
National Railroad Passenger Corporation through an appropriate 
grant instrument during the fourth quarter of fiscal year 2004 
to the extent that no directed service orders have been issued 
by the Surface Transportation Board as of the date of transfer 
or there is a balance of reserved funds not needed by the Board 
to pay for any directed service order issued through September 
30, 2004: Provided further, That not later than 60 days after 
enactment of this Act, Amtrak shall transmit, in electronic 
format, to the Secretary of Transportation, the House and 
Senate Committees on Appropriations, the House Committee on 
Transportation and Infrastructure and the Senate Committee on 
Commerce, Science, and Transportation a comprehensive business 
plan approved by the Board of Directors for fiscal year 2005 
under section 24104(a) of title 49, United States Code: 
Provided further, That the business plan shall include, as 
applicable, targets for ridership, revenues, and capital and 
operating expenses: Provided further, That the plan shall also 
include a separate accounting of such targets for the Northeast 
Corridor; commuter service; long-distance Amtrak service; 
state-supported service; each intercity train route; including 
Autotrain; and commercial activities including contract 
operations and mail and express: Provided further, That the 
business plan shall include a description of the work to be 
funded, along with cost estimates and an estimated timetable 
for completion of the projects covered by this business plan: 
Provided further, That not later than December 1, 2003 and no 
later than 30 days following the last business day of the 
previous month thereafter, Amtrak shall submit to the Secretary 
of Transportation and the House and Senate Committees on 
Appropriations a supplemental report, in electronic format, 
regarding the pending business plan, which shall describe the 
work completed to date, any changes to the business plan, and 
the reasons for such changes: Provided further, That none of 
the funds in this Act may be used for operating expenses, 
including advance purchase orders, and capital projects not 
approved by the Secretary of Transportation nor on the National 
Railroad Passenger Corporation's fiscal year 2004 business 
plan: Provided further, That Amtrak shall display the business 
plan and all subsequent supplemental plans on the Corporation's 
website within a reasonable timeframe following their 
submission to the appropriate entities: Provided further, That 
none of the funds under this heading may be obligated or 
expended until the National Railroad Passenger Corporation 
agrees to continue abiding by the provisions of paragraphs 1, 
2, 3, 5, 9, and 11 of the summary of conditions for the direct 
loan agreement of June 28, 2002, in the same manner as in 
effect on the date of enactment of this Act.

          GENERAL PROVISIONS--FEDERAL RAILROAD ADMINISTRATION

    Sec. 150. To authorize the Surface Transportation Board to 
direct the continued operation of certain commuter rail 
passenger transportation operations in emergency situations, 
and for other purposes:
    (a) Section 11123 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by inserting ``failure of existing 
                commuter rail passenger transportation 
                operations caused by a cessation of service by 
                the National Railroad Passenger Corporation,'' 
                after ``cessation of operations,'';
                    (B) by striking ``or'' at the end of 
                paragraph (3);
                    (C) by striking the period at the end of 
                paragraph (4)(C) and inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(5) in the case of a failure of existing freight 
        or commuter rail passenger transportation operations 
        caused by a cessation of service by the National 
        Railroad Passenger Corporation, direct the continuation 
        of the operations and dispatching, maintenance, and 
        other necessary infrastructure functions related to the 
        operations.'';
            (2) in subsection (b)(3)--
                    (A) by striking ``When'' and inserting 
                ``(A) Except as provided in subparagraph (B), 
                when''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) In the case of a failure of existing freight or 
commuter rail passenger transportation operations caused by a 
cessation of service by the National Railroad Passenger 
Corporation, the Board shall provide funding to fully reimburse 
the directed service provider for its costs associated with the 
activities directed under subsection (a), including the payment 
of increased insurance premiums. The Board shall order complete 
indemnification against any and all claims associated with the 
provision of service to which the directed rail carrier may be 
exposed.'';
            (3) by adding the following new paragraph at the 
        end of subsection (c):
    ``(4) In the case of a failure of existing freight or 
commuter rail passenger transportation operations caused by 
cessation of service by the National Railroad Passenger 
Corporation, the Board may not direct a rail carrier to 
undertake activities under subsection (a) to continue such 
operations unless--
            ``(A) the Board first affirmatively finds that the 
        rail carrier is operationally capable of conducting the 
        directed service in a safe and efficient manner; and
            ``(B) the funding for such directed service 
        required by subparagraph (B) of subsection (b)(3) is 
        provided in advance in appropriations Acts.''; and
            (4) by adding at the end the following new 
        subsections:
    ``(e) For purposes of this section, the National Railroad 
Passenger Corporation and any entity providing commuter rail 
passenger transportation shall be considered rail carriers 
subject to the Board's jurisdiction.
    ``(f) For purposes of this section, the term `commuter rail 
passenger transportation' has the meaning given that term in 
section 24102(4).''.
    (b) Section 24301(c) of title 49, United States Code, is 
amended by inserting ``11123,'' after ``except for sections''.
    Sec. 151. For the purpose of assisting State-supported 
intercity rail service, in order to demonstrate whether 
competition will provide higher quality rail passenger service 
at reasonable prices, the Secretary of Transportation, working 
with affected States, shall develop and implement a procedure 
for fair competitive bidding by Amtrak and non-Amtrak operators 
for State-supported routes: Provided, That in the event a State 
desires to select or selects a non-Amtrak operator for the 
route, the State may make an agreement with Amtrak to use 
facilities and equipment of, or have services provided by, 
Amtrak under terms agreed to by the State and Amtrak to enable 
the non-Amtrak operator to provide the State-supported service: 
Provided further, That if the parties cannot agree on terms, 
the Secretary shall, as a condition of receipt of Federal grant 
funds, order that the facilities and equipment be made 
available and the services be provided by Amtrak under 
reasonable terms and compensation: Provided further, That when 
prescribing reasonable compensation to Amtrak, the Secretary 
shall consider quality of service as a major factor when 
determining whether, and the extent to which, the amount of 
compensation shall be greater than the incremental costs of 
using the facilities and providing the services: Provided 
further, That the Secretary may reprogram up to $2,500,000 from 
the Amtrak operating grant funds for costs associated with the 
implementation of the fair bid procedure and demonstration of 
competition under this section.

                     Federal Transit Administration

                        ADMINISTRATIVE EXPENSES

    For necessary administrative expenses of the Federal 
Transit Administration's programs authorized by chapter 53 of 
title 49, United States Code, $15,100,000: Provided, That no 
more than $75,500,000 of budget authority shall be available 
for these purposes: Provided further, That of the funds 
available not to exceed $970,938 shall be available for the 
Office of the Administrator; not to exceed $6,755,434 shall be 
available for the Office of Administration; not to exceed 
$3,892,622 shall be available for the Office of the Chief 
Counsel; not to exceed $1,168,780 shall be available for the 
Office of Communication and Congressional Affairs; not to 
exceed $7,157,766 shall be available for the Office of Program 
Management; not to exceed $6,231,332 shall be available for the 
Office of Budget and Policy; not to exceed $4,854,892 shall be 
available for the Office of Demonstration and Innovation; not 
to exceed $2,717,034 shall be available for the Office of Civil 
Rights; not to exceed $3,667,320 shall be available for the 
Office of Planning; not to exceed $19,050,044 shall be 
available for regional offices; and not to exceed $16,838,838 
shall be available for the central account: Provided further, 
That the Administrator is authorized to transfer funds 
appropriated for an office of the Federal Transit 
Administration: Provided further, That no appropriation for an 
office shall be increased or decreased by more than 3 percent 
by all such transfers: Provided further, That any change in 
funding greater than 3 percent shall be submitted for approval 
to the House and Senate Committees on Appropriations: Provided 
further, That of the funds in this Act available for the 
execution of contracts under section 5327(c) of title 49, 
United States Code, $2,000,000 shall be reimbursed to the 
Department of Transportation's Office of Inspector General for 
costs associated with audits and investigations of transit-
related issues, including reviews of new fixed guideway 
systems: Provided further, That not less than $2,200,000 for 
the National transit database shall remain available until 
expended: Provided further, That upon submission to the 
Congress of the fiscal year 2005 President's budget, the 
Secretary of Transportation shall transmit to Congress the 
annual report on new starts, proposed allocations of funds for 
fiscal year 2005: Provided further, That the amount herein 
appropriated shall be reduced by $100,000 per day for each day 
after initial submission of the President's budget that the 
report has not been submitted to the Congress.

                             FORMULA GRANTS

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses to carry out 49 U.S.C. 5307, 5308, 
5310, 5311, 5327, and section 3038 of Public Law 105-178, 
$767,800,000, to remain available until expended: Provided, 
That no more than $3,839,000,000 of budget authority shall be 
available for these purposes: Provided further, That 
notwithstanding section 3008 of Public Law 105-178, $50,000,000 
of the funds to carry out 49 U.S.C. 5308 shall be transferred 
to and merged with funding provided for the replacement, 
rehabilitation, and purchase of buses and related equipment and 
the construction of bus-related facilities under ``Federal 
Transit Administration, Capital investment grants''.

                   UNIVERSITY TRANSPORTATION RESEARCH

    For necessary expenses to carry out 49 U.S.C. 5505, 
$1,200,000, to remain available until expended: Provided, That 
no more than $6,000,000 of budget authority shall be available 
for these purposes.

                     TRANSIT PLANNING AND RESEARCH

    For necessary expenses to carry out 49 U.S.C. 5303, 5304, 
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, 
$25,200,000, to remain available until expended: Provided, That 
no more than $126,000,000 of budget authority shall be 
available for these purposes: Provided further, That $5,250,000 
is available to provide rural transportation assistance (49 
U.S.C. 5311(b)(2)), $4,000,000 is available to carry out 
programs under the National Transit Institute (49 U.S.C. 5315), 
$8,250,000 is available to carry out transit cooperative 
research programs (49 U.S.C. 5313(a)), $60,385,600 is available 
for metropolitan planning (49 U.S.C. 5303, 5304, and 5305), 
$12,614,400 is available for State planning (49 U.S.C. 
5313(b)); and $35,500,000 is available for the national 
planning and research program (49 U.S.C. 5314).

                      TRUST FUND SHARE OF EXPENSES

                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

    Notwithstanding any other provision of law, for payment of 
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-
5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 
3038 of Public Law 105-178, $5,847,200,000, to remain available 
until expended, and to be derived from the Mass Transit Account 
of the Highway Trust Fund: Provided, That $3,071,200,000 shall 
be paid to the Federal Transit Administration's formula grants 
account: Provided further, That $100,800,000 shall be paid to 
the Federal Transit Administration's transit planning and 
research account: Provided further, That $60,400,000 shall be 
paid to the Federal Transit Administration's administrative 
expenses account: Provided further, That $4,800,000 shall be 
paid to the Federal Transit Administration's university 
transportation research account: Provided further, That 
$100,000,000 shall be paid to the Federal Transit 
Administration's job access and reverse commute grants program: 
Provided further, That $2,510,000,000 shall be paid to the 
Federal Transit Administration's capital investment grants 
account.

                       CAPITAL INVESTMENT GRANTS

                     (INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses to carry out 49 U.S.C. 5308, 5309, 
5318, and 5327, $627,500,000, to remain available until 
expended: Provided, That no more than $3,137,500,000 of budget 
authority shall be available for these purposes: Provided 
further, That there shall be available for fixed guideway 
modernization, $1,206,506,000; there shall be available for the 
replacement, rehabilitation, and purchase of buses and related 
equipment and the construction of bus-related facilities, 
$607,200,000, which shall include $50,000,000 made available 
under 5309(m)(3)(C) of this title, plus $50,000,000 transferred 
from ``Federal Transit Administration, Formula Grants'' and 
$20,000,000 transferred from ``Federal Transit Administration, 
Job Access and Reverse Commute Grants''; and there shall be 
available for new fixed guideway systems $1,323,794,000, 
together with $2,331,545 in unobligated balances made available 
in Public Law 106-69 and $2,182,937 in unobligated balances 
made available in Public Law 106-346 to carry out section 3037 
of Public Law 105-178, as amended, to be available as follows:
            Atlanta, Georgia, Northwest Corridor BRT, 
        $2,149,413;
            Baltimore, Maryland, Central Light Rail Double 
        Track Project, $40,000,000;
            BART San Francisco Airport (SFO), California, 
        Extension Project, $100,000,000;
            Birmingham--Transit Corridor, Alabama, $3,500,000;
            Boston, Massachusetts, Silver Line Phase III, 
        $2,000,000;
            Charlotte, North Carolina, South Corridor Light 
        Rail Project, $12,000,000;
            Chicago, Illinois, Metra Commuter Rail Expansions 
        and Extensions, $52,000,000;
            Chicago, Illinois, Ravenswood Reconstruction, 
        $10,000,000;
            Chicago, Illinois, Transit Authority, Douglas 
        Branch Reconstruction, $85,000,000;
            Dallas, Texas, North Central Light Rail Extension, 
        $30,161,283;
            Denver, Colorado, Southeast Corridor LRT (T-REX), 
        $80,000,000;
            East Side Access Project, New York, Phase I, 
        $75,000,000;
            Euclid Corridor Transportation Project, Ohio, 
        $11,000,000;
            Fort Lauderdale, Florida, Tri-Rail Commuter 
        Project, $18,410,000;
            Hawaii and Alaska Ferry Boats, $10,296,000;
            Houston Advanced Metro Transit Plan, Texas, 
        $8,000,000;
            Integrated Intermodal project, Rhode Island, 
        $3,000,000;
            Kenosha-Racine-Milwaukee Commuter Rail Extension, 
        Wisconsin, $3,250,000;
            Las Vegas, Nevada, Resort Corridor Fixed Guideway, 
        MOS, $20,000,000;
            Little Rock, Arkansas, River Rail Streetcar 
        Project, $3,000,000;
            Maine Marine Highway, $1,550,000;
            Memphis, Tennessee, Medical Center Rail Extension, 
        $9,247,588;
            Minneapolis, Minnesota, Hiawatha Corridor Light 
        Rail Transit (LRT), $74,980,000;
            Minneapolis, Minnesota, Northstar Corridor Rail 
        Project, $5,750,000;
            New Orleans, Louisiana, Canal Street Streetcar 
        Project, $23,291,373;
            New York, Second Avenue Subway, $2,000,000;
            Newark, New Jersey, Rail Link (NERL) MOS1, 
        $22,566,022;
            Northern Oklahoma Regional Multimodal 
        Transportation System, $3,000,000;
            Northern, New Jersey, Hudson-Bergen Light Rail 
        (MOS2), $100,000,000;
            Phase II, LA to Pasadena Metro Gold Line Light Rail 
        Project, $4,000,000;
            Philadelphia, Pennsylvania, Schuylkill Valley 
        Metro, $14,000,000;
            Phoenix, Arizona, Central Phoenix/East Valley Light 
        Rail Transit Project, $13,000,000;
            Pittsburgh, Pennsylvania, North Shore Connector, 
        $10,000,000;
            Pittsburgh, Pennsylvania, Stage II Light Rail 
        Transit Reconstruction, $32,243,442;
            Portland, Oregon, Interstate MAX Light Rail 
        Extension, $77,500,000;
            Raleigh, North Carolina, Triangle Transit Authority 
        Regional Rail Project, $5,500,000;
            Regional Commuter Rail (Weber County to Salt Lake 
        City), Utah, $9,000,000;
            Salt Lake City, Utah, Medical Center LRT Extension, 
        $30,663,361;
            San Diego, California, Mission Valley East Light 
        Rail Transit Extension, $65,000,000;
            San Diego, California, Oceanside-Escondido Rail 
        Project, $48,000,000;
            San Francisco, California Muni Third Street Light 
        Rail Project, $9,000,000;
            San Jose, California, Silicon Valley Rapid Transit 
        Corridor, $2,000,000;
            Scranton, Pennsylvania, NY City Rail Service, 
        $2,500,000;
            Seattle, Washington, Sound Transit Central Link 
        Initial Segment, $75,000,000;
            South Shore Commuter Rail Service capacity 
        enhancement, $1,000,000;
            Stamford, Connecticut, Urban Transitway & 
        Intermodal Transportation Center Improvements, 
        $4,000,000;
            Tren Urbano Rapid Transit System, San Juan, PR, 
        $20,000,000;
            VRE Parking Improvements, Virginia, $3,000,000;
            Washington, DC/VA Dulles Corridor Rapid Transit 
        Project, $20,000,000;
            Washington, DC/MD, Largo Extension, $65,000,000;
            Western North Carolina Rail Passenger Service, 
        $1,000,000;
            Wilmington, Delaware, Train Station Improvements, 
        $1,500,000;
            Wilsonville to Beaverton, Oregon, Commuter Rail, 
        $3,250,000; and
            Yarmouth to Auburn Line, Maine, $1,000,000.

                 JOB ACCESS AND REVERSE COMMUTE GRANTS

                     (INCLUDING TRANSFERS OF FUNDS)

    For necessary expenses to carry out section 3037 of the 
Federal Transit Act of 1998, $25,000,000, to remain available 
until expended: Provided, That no more than $125,000,000 of 
budget authority shall be available for these purposes: 
Provided further, That up to $300,000 of the funds provided 
under this heading may be used by the Federal Transit 
Administration for technical assistance and support and 
performance reviews of the Job Access and Reverse Commute 
Grants program: Provided further, That $20,000,000 of the funds 
provided under this heading shall be transferred to and merged 
with funds for the replacement, rehabilitation, and purchase of 
buses and related equipment and the construction of bus-related 
facilities under ``Federal Transit Administration, Capital 
Investment Grants'': Provided further, That $2,331,545 in 
unobligated balances made available in Public Law 106-69 and 
$2,182,937 in unobligated balances made available in Public Law 
106-346 to carry out section 3037 of Public Law 105-178, as 
amended, shall be transferred to and merged with funds for new 
fixed guideway systems under ``Federal Transit Administration, 
Capital Investment Grants''.

           GENERAL PROVISIONS--FEDERAL TRANSIT ADMINISTRATION

    Sec. 160. The limitations on obligations for the programs 
of the Federal Transit Administration shall not apply to any 
authority under 49 U.S.C. 5338, previously made available for 
obligation, or to any other authority previously made available 
for obligation.
    Sec. 161. Notwithstanding any other provision of law, and 
except for fixed guideway modernization projects, funds made 
available by this Act under ``Federal Transit Administration, 
Capital investment grants'' for projects specified in this Act 
or identified in reports accompanying this Act not obligated by 
September 30, 2006, and other recoveries, shall be made 
available for other projects under 49 U.S.C. 5309.
    Sec. 162. Notwithstanding any other provision of law, any 
funds appropriated before October 1, 2003, under any section of 
chapter 53 of title 49, United States Code, that remain 
available for expenditure may be transferred to and 
administered under the most recent appropriation heading for 
any such section.
    Sec. 163. Funds made available for Alaska or Hawaii ferry 
boats or ferry terminal facilities pursuant to 49 U.S.C. 
5309(m)(2)(B) may be used to construct new vessels and 
facilities, or to improve existing vessels and facilities, 
including both the passenger and vehicle-related elements of 
such vessels and facilities, and for repair facilities: 
Provided, That not more than $3,000,000 of the funds made 
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by 
the State of Hawaii to initiate and operate a passenger 
ferryboat services demonstration project to test the viability 
of different intra-island and inter-island ferry boat routes 
and technology: Provided further, That notwithstanding 49 
U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii 
ferry boats may be used to acquire passenger ferry boats and to 
provide passenger ferry transportation services within areas of 
the State of Hawaii under the control or use of the National 
Park Service.
    Sec. 164. Notwithstanding any other provision of law, funds 
made available to the Colorado Roaring Fork Transportation 
Authority under ``Federal Transit Administration, Capital 
investment grants'' in Public Laws 106-69 and 106-346 shall be 
available for expenditure on park and ride lots in Carbondale 
and Glenwood Springs, Colorado as part of the Roaring Fork 
Valley Bus Rapid Transit project.
    Sec. 165. Notwithstanding any other provision of law, 
unobligated funds made available for a new fixed guideway 
systems projects under the heading ``Federal Transit 
Administration, Capital Investment Grants'' in any 
appropriations act prior to this Act may be used during this 
fiscal year to satisfy expenses incurred for such projects.
    Sec. 166. (a) In General.--The Secretary shall establish a 
pilot program to determine the benefits of encouraging 
cooperative procurement of major capital equipment under 
sections 5307, 5309, and 5311. The program shall consist of 
three pilot projects. Cooperative procurements in these 
projects may be carried out by grantees, consortiums of 
grantees, or members of the private sector acting as agents of 
grantees.
    (b) Federal Share.--Notwithstanding any other provision of 
law, the Federal share for a grant under this pilot program 
shall be 90 percent of the net project cost.
    (c) Permissible Activities.--
            (1) Developing specifications.--Cooperative 
        specifications may be developed either by the grantees 
        or their agents.
            (2) Requests for proposals.--To the extent 
        permissible under state and local law, cooperative 
        procurements under this section may be carried out, 
        either by the grantees or their agents, by issuing one 
        request for proposal for each cooperative procurement, 
        covering all agencies that are participating in the 
        procurement.
            (3) Best and final offers.--The cost of evaluating 
        best and final offers either by the grantees or their 
        agents, is an eligible expense under this program.
    (d) Technology.--To the extent feasible, cooperative 
procurements under this section shall maximize use of Internet-
based software technology designed specifically for transit 
buses and other major capital equipment to develop 
specifications; aggregate equipment requirements with other 
transit agencies; generate cooperative request for proposal 
packages; create cooperative specifications; and automate the 
request for approved equals process.
    (e) Eligible Expenses.--The cost of the permissible 
activities under (c) and procurement under (d) are eligible 
expenses under the pilot program.
    (f) Proportionate Contributions.--Cooperating agencies may 
contribute proportionately to the non-Federal share of any of 
the eligible expenses under (e).
    (g) Outreach.--The Secretary shall conduct outreach on 
cooperative procurement. Under this program the Secretary 
shall: (1) offer technical assistance to transit agencies to 
facilitate the use of cooperative procurement of major capital 
equipment and (2) conduct seminars and conferences for 
grantees, nationwide, on the concept of cooperative procurement 
of major capital equipment.
    (h) Report.--Not later than 30 days after delivery of the 
base order under each of the pilot projects, the Secretary 
shall submit to the House and Senate Committees on 
Appropriations a report on the results of that pilot project. 
Each report shall evaluate any savings realized through the 
cooperative procurement and the benefits of incorporating 
cooperative procurement, as shown by that project, into the 
mass transit program as a whole.
    Sec. 167. Notwithstanding any other provision of law, new 
fixed guideway system funds available for the Yosemite, 
California, area regional transportation system project, in the 
Department of Transportation and Related Agencies 
Appropriations Act, 2002, Public Law 107-87, under ``Capital 
Investment Grants'', in the amount of $400,000 shall be 
available for obligation for the replacement, rehabilitation, 
or purchase of buses or related equipment, or the construction 
of bus related facilities: Provided, That this amount shall be 
in addition to the amount available in fiscal year 2002 for 
these purposes.
    Sec. 168. Notwithstanding any other provision of law, for 
the purpose of calculating the non-New Starts share of the 
total project cost of both phases of San Francisco Muni's Third 
Street Light Rail Transit project for fiscal year 2004, the 
Secretary of Transportation shall include all non-New Starts 
contributions made towards Phase 1 of the two-phase project for 
engineering, final design and construction, and also shall 
allow non-New Starts funds expended on one element or phase of 
the project to be used to meet the non-New Starts share 
requirement of any element or phase of the project: Provided 
further, That none of the funds provided in this Act for the 
San Francisco Muni Third Street Light Rail Transit Project 
shall be obligated if the Federal Transit Administration 
determines that the project is found to be ``not recommended'' 
after evaluation and computation of revised transportation 
system user benefit data.
    Sec. 169. Notwithstanding any other provision of law, funds 
made available under ``Federal Transit Administration, Capital 
Investment Grants'' in Public Law 105-277 for the Cleveland 
Berea Red Line Extension to the Hopkins International Airport 
project may be used for the Euclid Corridor Transportation 
Project.
    Sec. 170. Notwithstanding any other provision of law, funds 
designated to the Community Transportation Association of 
America (CTAA) on pages 1305 through 1307 of the Joint 
Explanatory Statement of the Committee of Conference for Public 
Law 108-7 may be available to CTAA for any project or activity 
authorized under section 3037 of Public Law 105-178 upon 
receipt of an application.
    Sec. 171. After the last section of the Federal Transit 
Act, 49 U.S.C. Chapter 53, add the following section:

``SEC. 3042. UTAH TRANSPORTATION PROJECTS.

    ``(a) Coordination.--FTA and FHWA are directed to work with 
the Utah Transit Authority and the Utah Department of 
Transportation to coordinate the development regional commuter 
rail and the northern segment of I-15 reconstruction located in 
the Wasatch Front corridor extending from Brigham City to 
Payson, Utah. Coordination includes integration of preliminary 
engineering and design, a simplified method for allocating 
project costs among eligible FTA and FHWA funding sources, and 
a unified accounting and audit process.
    ``(b) Governmental Funding.--For purposes of determining 
and allocating the nongovernmental and governmental share of 
costs, the following projects comprise a related program of 
projects: regional commuter rail, the TRAX light rail system, 
TRAX extensions to the Medical Center and to the Gateway 
Intermodal Center, and the northern segment of I-15 
reconstruction. The governmental share of project costs 
appropriated from the Section 5309 New Start program shall 
conform to the share specified in the extension or 
reauthorization of TEA21.''.
    Sec. 172. Funds apportioned to the Charleston Area Regional 
Transportation Authority to carry out section 5307 of title 49, 
United States Code, may be used to lease land, equipment, or 
facilities used in public transportation from another 
governmental authority in the same geographic area: Provided, 
That the non-Federal share under section 5307 may include 
revenues from the sale of advertising and concessions: Provided 
further, That this provision shall remain in effect until 
September 30, 2004, or until the Federal interest in the land, 
equipment or facilities leased reaches 80 percent of its fair 
market value at disposition, whichever occurs first.
    Sec. 173. Notwithstanding any other provision of law, funds 
designated to the Pennsylvania Cumberland/Dauphin County 
Corridor I project in committee reports accompanying this Act 
may be available to the recipient for any project activities 
authorized under sections 5307 and 5309 of title 49, United 
States Code.
    Sec. 174. To the extent that funds provided by the Congress 
for the Memphis Medical Center light rail extension project 
through the Section 5309 ``new fixed guideway systems'' program 
remain available upon the closeout of the project, Federal 
Transit Administration is directed to permit the Memphis Area 
Transit Authority to use all of those funds for planning, 
engineering, design, construction or acquisition projects 
pertaining to the Memphis Regional Rail Plan. Such funds shall 
remain available until expended.
    Sec. 175. Section 30303(d)(3) of the Transportation Equity 
Act for the 21st Century (Public Law 105-178) is amended by 
inserting at the end:
            ``(D) Memphis-Shelby International Airport 
        intermodal facility.''.
    Sec. 176. For fiscal year 2004, Section 3027 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 5307 
note; 112 Stat. 366), as amended, is amended by adding at the 
end the following:
            ``(3) Services for elderly and persons with 
        disabilities.--In addition to assistance made available 
        under paragraph (1), the Secretary may provide 
        assistance under section 5307 of title 49, United 
        States Code, to a transit provider that operates 25 or 
        fewer vehicles in an urbanized area with a population 
        of at least 200,000 to finance the operating costs of 
        equipment and facilities used by the transit provider 
        in providing mass transportation services to elderly 
        and persons with disabilities, provided that such 
        assistance to all entities shall not exceed $10,000,000 
        annually.''.
    Sec. 177. None of the funds in this Act shall be available 
to any Federal transit grantee after February 1, 2004, involved 
directly or indirectly, in any activity that promotes the 
legalization or medical use of any substance listed in schedule 
I of section 202 of the Controlled Substances Act (21 U.S.C. 
812 et seq.).

             Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of 
funds and borrowing authority available to the Corporation, and 
in accord with law, and to make such contracts and commitments 
without regard to fiscal year limitations as provided by 
section 104 of the Government Corporation Control Act, as 
amended, as may be necessary in carrying out the programs set 
forth in the Corporation's budget for the current fiscal year.

                       OPERATIONS AND MAINTENANCE

                    (HARBOR MAINTENANCE TRUST FUND)

    For necessary expenses for operations and maintenance of 
those portions of the Saint Lawrence Seaway operated and 
maintained by the Saint Lawrence Seaway Development 
Corporation, $14,400,000, to be derived from the Harbor 
Maintenance Trust Fund, pursuant to Public Law 99-662.

                        Maritime Administration

                       MARITIME SECURITY PROGRAM

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the 
United States, $98,700,000, to remain available until expended.

                        OPERATIONS AND TRAINING

    For necessary expenses of operations and training 
activities authorized by law, $106,997,000, of which 
$23,600,000 shall remain available until September 30, 2004, 
for salaries and benefits of employees of the United States 
Merchant Marine Academy; of which $13,500,000 shall remain 
available until expended for capital improvements at the United 
States Merchant Marine Academy; of which $8,063,000 shall 
remain available until expended for the State Maritime Schools 
Schoolship Maintenance and Repair; of which $500,000 shall 
remain available until expended for the evaluation and 
provision of the fourteen commercially strategic ports; and of 
which $1,000,000 shall remain available until September 30, 
2005, for Maritime Security Professional Training in support of 
Section 109 of the Maritime Transportation Security Act of 
2002.

                             SHIP DISPOSAL

    For necessary expenses related to the disposal of obsolete 
vessels in the National Defense Reserve Fleet of the Maritime 
Administration, $16,211,000, to remain available until 
expended.

          MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

    For administrative expenses to carry out the guaranteed 
loan program, not to exceed $4,498,000, which shall be 
transferred to and merged with the appropriation for Operations 
and Training.

                           SHIP CONSTRUCTION

                              (RESCISSION)

    Of the unobligated balances available under this heading, 
$4,107,056 are rescinded.

              GENERAL PROVISIONS--MARITIME ADMINISTRATION

    Sec. 180. Notwithstanding any other provision of this Act, 
the Maritime Administration is authorized to furnish utilities 
and services and make necessary repairs in connection with any 
lease, contract, or occupancy involving Government property 
under control of the Maritime Administration, and payments 
received therefore shall be credited to the appropriation 
charged with the cost thereof: Provided, That rental payments 
under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into 
the Treasury as miscellaneous receipts.
    Sec. 181. No obligations shall be incurred during the 
current fiscal year from the construction fund established by 
the Merchant Marine Act, 1936, or otherwise, in excess of the 
appropriations and limitations contained in this Act or in any 
prior appropriation Act.

              Research and Special Programs Administration

                     RESEARCH AND SPECIAL PROGRAMS

    For expenses necessary to discharge the functions of the 
Research and Special Programs Administration, $46,441,000, of 
which $645,000 shall be derived from the Pipeline Safety Fund, 
and of which $2,510,000 shall remain available until September 
30, 2006: Provided, That up to $1,200,000 in fees collected 
under 49 U.S.C. 5108(g) shall be deposited in the general fund 
of the Treasury as offsetting receipts: Provided further, That 
there may be credited to this appropriation, to be available 
until expended, funds received from States, counties, 
municipalities, other public authorities, and private sources 
for expenses incurred for training, for reports publication and 
dissemination, and for travel expenses incurred in performance 
of hazardous materials exemptions and approvals functions.

                            PIPELINE SAFETY

                         (PIPELINE SAFETY FUND)

                    (OIL SPILL LIABILITY TRUST FUND)

    For expenses necessary to conduct the functions of the 
pipeline safety program, for grants-in-aid to carry out a 
pipeline safety program, as authorized by 49 U.S.C. 60107, and 
to discharge the pipeline program responsibilities of the Oil 
Pollution Act of 1990, $66,305,000, of which $13,000,000 shall 
be derived from the Oil Spill Liability Trust Fund and shall 
remain available until September 30, 2006; of which $53,305,000 
shall be derived from the Pipeline Safety Fund, of which 
$21,828,000 shall remain available until September 30, 2006.

                     EMERGENCY PREPAREDNESS GRANTS

                     (EMERGENCY PREPAREDNESS FUND)

    For necessary expenses to carry out 49 U.S.C. 5127(c), 
$200,000, to be derived from the Emergency Preparedness Fund, 
to remain available until September 30, 2006: Provided, That 
not more than $14,300,000 shall be made available for 
obligation in fiscal year 2004 from amounts made available by 
49 U.S.C. 5116(i) and 5127(d): Provided further, That none of 
the funds made available by 49 U.S.C. 5116(i) and 5127(d) shall 
be made available for obligation by individuals other than the 
Secretary of Transportation, or his designee.

                      Office of Inspector General

                         SALARIES AND EXPENSES

    For necessary expenses of the Office of Inspector General 
to carry out the provisions of the Inspector General Act of 
1978, as amended, $56,000,000: Provided, That the Inspector 
General shall have all necessary authority, in carrying out the 
duties specified in the Inspector General Act, as amended (5 
U.S.C. App. 3) to investigate allegations of fraud, including 
false statements to the government (18 U.S.C. 1001), by any 
person or entity that is subject to regulation by the 
Department: Provided further, That the funds made available 
under this heading shall be used to investigate, pursuant to 
section 41712 of title 49, United States Code: (1) unfair or 
deceptive practices and unfair methods of competition by 
domestic and foreign air carriers and ticket agents; and (2) 
the compliance of domestic and foreign air carriers with 
respect to item (1) of this proviso.

                      Surface Transportation Board

                         SALARIES AND EXPENSES

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $19,521,000: 
Provided, That notwithstanding any other provision of law, not 
to exceed $1,050,000 from fees established by the Chairman of 
the Surface Transportation Board shall be credited to this 
appropriation as offsetting collections and used for necessary 
and authorized expenses under this heading: Provided further, 
That the sum herein appropriated from the general fund shall be 
reduced on a dollar-for-dollar basis as such offsetting 
collections are received during fiscal year 2004, to result in 
a final appropriation from the general fund estimated at no 
more than $18,471,000.

                  TITLE II--DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

    For necessary expenses of the Departmental Offices 
including operation and maintenance of the Treasury Building 
and Annex; hire of passenger motor vehicles; maintenance, 
repairs, and improvements of, and purchase of commercial 
insurance policies for, real properties leased or owned 
overseas, when necessary for the performance of official 
business; not to exceed $3,000,000, to remain available until 
September 30, 2005 for information technology modernization 
requirements; not to exceed $150,000 for official reception and 
representation expenses; not to exceed $258,000 for unforeseen 
emergencies of a confidential nature, to be allocated and 
expended under the direction of the Secretary of the Treasury 
and to be accounted for solely on his certificate, 
$176,109,000: Provided, That the Office of Foreign Assets 
Control shall be funded at no less than $21,855,000 and 120 
full time equivalent positions: Provided further, That of these 
amounts, $2,900,000 is available for grants to State and local 
law enforcement groups to help fight money laundering: Provided 
further, That of these amounts, $3,393,000, to remain available 
until September 30, 2005, shall be for the Treasury-wide 
Financial Statement Audit Program, of which such amounts as may 
be necessary may be transferred to accounts of the Department's 
offices and bureaus to conduct audits: Provided further, That 
this transfer authority shall be in addition to any other 
provided in this Act.

        DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

    For development and acquisition of automatic data 
processing equipment, software, and services for the Department 
of the Treasury, $36,400,000, to remain available until 
September 30, 2006: Provided, That these funds shall be 
transferred to accounts and in amounts as necessary to satisfy 
the requirements of the Department's offices, bureaus, and 
other organizations: Provided further, That this transfer 
authority shall be in addition to any other transfer authority 
provided in this Act: Provided further, That none of the funds 
appropriated shall be used to support or supplement the 
Internal Revenue Service appropriations for Information Systems 
or Business Systems Modernization.

                      OFFICE OF INSPECTOR GENERAL

                         SALARIES AND EXPENSES

    For necessary expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, not to exceed $2,000,000 for official travel 
expenses, including hire of passenger motor vehicles; and not 
to exceed $100,000 for unforeseen emergencies of a confidential 
nature, to be allocated and expended under the direction of the 
Inspector General of the Treasury, $13,000,000, of which not to 
exceed $2,500 shall be available for official reception and 
representation expenses.

           TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

                         SALARIES AND EXPENSES

    For necessary expenses of the Treasury Inspector General 
for Tax Administration in carrying out the Inspector General 
Act of 1978, as amended, including purchase (not to exceed 150 
for replacement only for police-type use) and hire of passenger 
motor vehicles (31 U.S.C. 1343(b)); services authorized by 5 
U.S.C. 3109, at such rates as may be determined by the 
Inspector General for Tax Administration; not to exceed 
$6,000,000 for official travel expenses; and not to exceed 
$500,000 for unforeseen emergencies of a confidential nature, 
to be allocated and expended under the direction of the 
Inspector General for Tax Administration, $128,034,000.

                AIR TRANSPORTATION STABILIZATION PROGRAM

    For necessary expenses to administer the Air Transportation 
Stabilization Board established by section 102 of the Air 
Transportation Safety and System Stabilization Act (Public Law 
107-42), $2,538,000, to remain available until expended.

           TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION

    For the repair, alteration, and improvement of the Treasury 
Building and Annex, $25,000,000, to remain available until 
September 30, 2006, of which not less than $7,000,000 shall not 
be available for obligation until completion of the audit by 
the Treasury Inspector General or upon the advance approval of 
the House and Senate Committees on Appropriations.

                  Financial Crimes Enforcement Network

                         SALARIES AND EXPENSES

    For necessary expenses of the Financial Crimes Enforcement 
Network, including hire of passenger motor vehicles; travel 
expenses of non-Federal law enforcement personnel to attend 
meetings concerned with financial intelligence activities, law 
enforcement, and financial regulation; not to exceed $14,000 
for official reception and representation expenses; and for 
assistance to Federal law enforcement agencies, with or without 
reimbursement, $57,571,000, of which not to exceed $4,500,000 
shall remain available until September 30, 2006; and of which 
$8,152,000 shall remain available until September 30, 2005: 
Provided, That funds appropriated in this account may be used 
to procure personal services contracts.

                      Financial Management Service

                         SALARIES AND EXPENSES

    For necessary expenses of the Financial Management Service, 
$228,558,000, of which not to exceed $9,220,000 shall remain 
available until September 30, 2006, for information systems 
modernization initiatives; and of which not to exceed $2,500 
shall be available for official reception and representation 
expenses.

                Alcohol and Tobacco Tax and Trade Bureau

                         SALARIES AND EXPENSES

    For necessary expenses of carrying out section 1111 of the 
Homeland Security Act of 2002, including hire of passenger 
motor vehicles, $80,000,000; of which not to exceed $6,000 for 
official reception and representation expenses; not to exceed 
$50,000 for cooperative research and development programs for 
Laboratory Services; and provision of laboratory assistance to 
State and local agencies with or without reimbursement.

                           United States Mint

               UNITED STATES MINT PUBLIC ENTERPRISE FUND

    Pursuant to section 5136 of title 31, United States Code, 
the United States Mint is provided funding through the United 
States Mint Public Enterprise Fund for costs associated with 
the production of circulating coins, numismatic coins, and 
protective services, including both operating expenses and 
capital investments. The aggregate amount of new liabilities 
and obligations incurred during fiscal year 2004 under such 
section 5136 for circulating coinage and protective service 
capital investments of the United States Mint shall not exceed 
$40,652,000.

                       Bureau of the Public Debt

                     ADMINISTERING THE PUBLIC DEBT

    For necessary expenses connected with any public-debt 
issues of the United States, $178,052,000, of which not to 
exceed $2,500 shall be available for official reception and 
representation expenses, and of which not to exceed $2,000,000 
shall remain available until expended for systems 
modernization: Provided, That the sum appropriated herein from 
the General Fund for fiscal year 2004 shall be reduced by not 
more than $4,400,000 as definitive security issue fees and 
Treasury Direct Investor Account Maintenance fees are 
collected, so as to result in a final fiscal year 2004 
appropriation from the general fund estimated at $173,652,000. 
In addition, $40,000 to be derived from the Oil Spill Liability 
Trust Fund to reimburse the Bureau for administrative and 
personnel expenses for financial management of the Fund, as 
authorized by section 1012 of Public Law 101-380.

                        Internal Revenue Service

                 PROCESSING, ASSISTANCE, AND MANAGEMENT

    For necessary expenses of the Internal Revenue Service for 
pre-filing taxpayer assistance and education, filing and 
account services, shared services support, general management 
and administration; and services as authorized by 5 U.S.C. 
3109, at such rates as may be determined by the Commissioner, 
$4,033,000,000, of which up to $4,100,000 shall be for the Tax 
Counseling for the Elderly Program, of which $7,500,000 shall 
be available for low-income taxpayer clinic grants, and of 
which not to exceed $25,000 shall be for official reception and 
representation expenses.

                          TAX LAW ENFORCEMENT

    For necessary expenses of the Internal Revenue Service for 
determining and establishing tax liabilities; providing 
litigation support; conducting criminal investigation and 
enforcement activities; securing unfiled tax returns; 
collecting unpaid accounts; conducting a document matching 
program; resolving taxpayer problems through prompt 
identification, referral and settlement; resolving essential 
earned income tax credit compliance and error problems; 
compiling statistics of income and conducting compliance 
research; purchase (for police-type use, not to exceed 850) and 
hire of passenger motor vehicles (31 U.S.C. 1343(b)); and 
services as authorized by U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $4,196,000,000, of which not to 
exceed $1,000,000 shall remain available until September 30, 
2006, for research: Provided, That such sums may be transferred 
as necessary from this account to the IRS Processing, 
Assistance, and Management appropriation or the IRS Information 
Systems appropriation solely for the purposes of management of 
the Earned Income Tax Compliance program and to reimburse the 
Social Security Administration for the cost of implementing 
section 1090 of the Taxpayer Relief Act of 1997 (Public Law 
105-33): Provided further, That this transfer authority shall 
be in addition to any other transfer authority provided in this 
Act.

                          INFORMATION SYSTEMS

    For necessary expenses of the Internal Revenue Service for 
information systems and telecommunications support, including 
developmental information systems and operational information 
systems; the hire of passenger motor vehicles (31 U.S.C. 
1343(b)); and services as authorized by 5 U.S.C. 3109, at such 
rates as may be determined by the Commissioner, $1,590,962,000, 
of which $200,000,000 shall remain available until September 
30, 2005.

                     BUSINESS SYSTEMS MODERNIZATION

    For necessary expenses of the Internal Revenue Service, 
$390,000,000, to remain available until September 30, 2006, for 
the capital asset acquisition of information technology 
systems, including management and related contractual costs of 
said acquisitions, including contractual costs associated with 
operations authorized by 5 U.S.C. 3109: Provided, That none of 
these funds may be obligated until the Internal Revenue Service 
submits to the Committees on Appropriations, and such 
Committees approve, a plan for expenditure that: (1) meets the 
capital planning and investment control review requirements 
established by the Office of Management and Budget, including 
Circular A-11 part 3; (2) complies with the Internal Revenue 
Service's enterprise architecture, including the modernization 
blueprint; (3) conforms with the Internal Revenue Service's 
enterprise life cycle methodology; (4) is approved by the 
Internal Revenue Service, the Department of the Treasury, and 
the Office of Management and Budget; (5) has been reviewed by 
the General Accounting Office; and (6) complies with the 
acquisition rules, requirements, guidelines, and systems 
acquisition management practices of the Federal Government.

               HEALTH INSURANCE TAX CREDIT ADMINISTRATION

    For expenses necessary to implement the health insurance 
tax credit included in the Trade Act of 2002 (Public Law 107-
210), $35,000,000, to remain available until September 30, 
2005.

              GENERAL PROVISIONS--INTERNAL REVENUE SERVICE

    Sec. 201. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to any other Internal Revenue Service appropriation 
upon the advance approval of the Committees on Appropriations.
    Sec. 202. The Internal Revenue Service shall maintain a 
training program to ensure that Internal Revenue Service 
employees are trained in taxpayers' rights, in dealing 
courteously with the taxpayers, and in cross-cultural 
relations.
    Sec. 203. The Internal Revenue Service shall institute and 
enforce policies and procedures that will safeguard the 
confidentiality of taxpayer information.
    Sec. 204. Funds made available by this or any other Act to 
the Internal Revenue Service shall be available for improved 
facilities and increased manpower to provide sufficient and 
effective 1-800 help line service for taxpayers. The 
Commissioner shall continue to make the improvement of the 
Internal Revenue Service 1-800 help line service a priority and 
allocate resources necessary to increase phone lines and staff 
to improve the Internal Revenue Service 1-800 help line 
service.
    Sec. 205. Within one hundred and eighty days of enactment, 
the Secretary of the Treasury shall present to the Congress a 
proposal for legislation which would provide transition relief 
for older and longer-service participants affected by 
conversions of their employers' traditional pension plans to 
cash balance pension plans: Provided, That none of the funds 
made available in this Act may be used by the Secretary of the 
Treasury, or his designee, to issue any rule or regulation 
which implements the proposed amendments to Internal Revenue 
Service regulations set forth in REG-209500-86 and REG-164464-
02, or any amendments reaching results similar to such proposed 
amendments.
    Sec. 206. Study on Earned Income Tax Credit Certification 
Program. (a) Study.--The Internal Revenue Service shall conduct 
a study, as a part of any program that requires certification 
(including pre-certification) in order to claim the earned 
income tax credit under section 32 of the Internal Revenue Code 
of 1986, on the following matters:
            (1) The costs (in time and money) incurred by the 
        participants in the program.
            (2) The administrative costs incurred by the 
        Internal Revenue Service in operating the program.
            (3) The percentage of individuals included in the 
        program who were not certified for the credit, 
        including the percentage of individuals who were not 
        certified due to--
                    (A) ineligibility for the credit; and
                    (B) failure to complete the requirements 
                for certification.
            (4) The percentage of individuals to whom paragraph 
        (3)(B) applies who were--
                    (A) otherwise eligible for the credit; and
                    (B) otherwise ineligible for the credit.
            (5) The percentage of individuals to whom paragraph 
        (3)(B) applies who--
                    (A) did not respond to the request for 
                certification; and
                    (B) responded to such request but otherwise 
                failed to complete the requirements for 
                certification.