[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Publishing Office, www.gpo.gov] 118 STAT. 3 Public Law 108-199 108th Congress An Act Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2004, and for other purposes. NOTE: Jan. 23, 2004 - [H.R. 2673] Be it enacted by the Senate and House of Representatives of the United States of America in Congress NOTE: Consolidated Appropriations Act, 2004. assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Consolidated Appropriations Act, 2004''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS, 2004 Title I--Agricultural Programs Title II--Conservation Programs Title III--Rural Development Programs Title IV--Domestic Food Programs Title V--Foreign Assistance and Related Programs Title VI--Related Agencies and Food and Drug Administration Title VII--General Provisions DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS, 2004 Title I--Department of Justice Title II--Department of Commerce and Related Agencies Title III--The Judiciary Title IV--Department of State and Related Agency Title V--Related Agencies Title VI--General Provisions Title VII--Rescissions Title VIII--Alaskan Fisheries DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2004 Title I--Federal Funds Title II--District of Columbia Funds Title III--DC School Choice Incentive Act of 2003 Title IV--General Provisions DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS, 2004 Title I--Export and Investment Assistance Title II--Bilateral Economic Assistance Title III--Military Assistance Title IV--Multilateral Economic Assistance [[Page 4]] 118 STAT. 4 Title V--General Provisions Title VI--Millennium Challenge Act of 2003 DIVISION E--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS, 2004 Title I--Department of Labor Title II--Department of Health and Human Services Title III--Department of Education Title IV--Related Agencies Title V--General Provisions DIVISION F--TRANSPORTATION, TREASURY, AND INDEPENDENT AGENCIES APPROPRIATIONS, 2004 Title I--Department of Transportation Title II--Department of the Treasury Title III--Executive Office of the President and Funds Appropriated to the President Title IV--Independent Agencies Title V--General Provisions Title VI--General Provisions--Departments, Agencies, and Corporations DIVISION G--VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS, 2004 Title I--Department of Veterans Affairs Title II--Department of Housing and Urban Development Title III--Independent Agencies Title IV--General Provisions Title V--Pesticide Products and Fees DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS SEC. 3. NOTE: 1 USC 1 note. REFERENCES. Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. DIVISION A--AGRICULTURE, NOTE: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004. RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2004 An Act Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2004, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2004, and for other purposes, namely: [[Page 5]] 118 STAT. 5 TITLE I AGRICULTURAL PROGRAMS Production, Processing, and Marketing Office of the Secretary For necessary expenses of the Office of the Secretary of Agriculture, $5,092,000: Provided, That not to exceed $11,000 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary. Executive Operations 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. [[Page 6]] 118 STAT. 6 Office of the Chief Financial Officer For necessary expenses of the Office of the Chief Financial Officer, $5,684,000: Provided, That the Chief Financial Officer shall actively market and expand cross-servicing activities of the National Finance Center: Provided further, That NOTE: Reports. no funds made available by this appropriation may be obligated for FAIR Act or Circular A-76 activities until the Secretary has submitted to the Committees on Appropriations of both Houses of Congress a report on the Department's contracting out policies, including agency budgets for contracting out. Office of the Assistant Secretary for Civil Rights For necessary salaries and expenses of the Office of the Assistant Secretary for Civil Rights, $808,000. Office of Civil Rights For necessary expenses of the Office of Civil Rights, $17,450,000. Office of the Assistant Secretary for Administration For necessary salaries and expenses of the Office of the Assistant Secretary for Administration, $673,000. Agriculture Buildings and Facilities and Rental Payments (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.), [[Page 7]] 118 STAT. 7 $15,611,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. Departmental Administration (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, [[Page 8]] 118 STAT. 8 to be expended under the direction of the Inspector General pursuant to Public Law 95-452 and section 1337 of Public Law 97-98. Office of the General Counsel For necessary expenses of the Office of the General Counsel, $34,700,000. Office of the Under Secretary for Research, Education and Economics For necessary salaries and expenses of the Office of the Under Secretary for Research, Education and Economics to administer the laws enacted by the Congress for the Economic Research Service, the National Agricultural Statistics Service, the Agricultural Research Service, and the Cooperative State Research, Education, and Extension Service, $596,000. Economic Research Service For necessary expenses of the Economic Research Service in conducting economic research and analysis, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, $71,402,000. National Agricultural Statistics Service For necessary expenses of the National Agricultural Statistics Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, marketing surveys, and the Census of Agriculture, as authorized by 7 U.S.C. 1621-1627 and 2204g, and other laws, $128,922,000, of which up to $25,279,000 shall be available until expended for the Census of Agriculture. Agricultural Research Service 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 NOTE: 7 USC 2254. appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $375,000, except for headhouses or greenhouses which shall each be limited to $1,200,000, and except [[Page 9]] 118 STAT. 9 for 10 buildings to be constructed or improved at a cost not to exceed $750,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $375,000, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at NOTE: Maryland. Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law: Provided further, That NOTE: Colorado State University. all rights and title of the United States in the 1.0664-acre parcel of land including improvements, as recorded at Book 1320, Page 253, records of Larimer County, State of Colorado, shall be conveyed to the Board of Governors of the Colorado State University for the benefit of Colorado State University. None of the funds appropriated under this heading shall be available to carry out research related to the production, processing or marketing of tobacco or tobacco products. 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 [[Page 10]] 118 STAT. 10 remain available until expended; for rangeland research grants (7 U.S.C. 3333), $900,000; for higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $2,900,000, to remain available until expended (7 U.S.C. 2209b); for higher education challenge grants (7 U.S.C. 3152(b)(1)), $4,888,000; for a higher education multicultural scholars program (7 U.S.C. 3152(b)(5)), $992,000, to remain available until expended (7 U.S.C. 2209b); for an education grants program for Hispanic- serving Institutions (7 U.S.C. 3241), $4,673,000; for noncompetitive grants for the purpose of carrying out all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) to individual eligible institutions or consortia of eligible institutions in Alaska and in Hawaii, with funds awarded equally to each of the States of Alaska and Hawaii, $3,150,000; for a secondary agriculture education program and 2-year post-secondary education (7 U.S.C. 3152(j)), $895,000; for aquaculture grants (7 U.S.C. 3322), $4,024,000; for sustainable agriculture research and education (7 U.S.C. 5811), $12,295,000; for a program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee University and West Virginia State College, $11,479,000, to remain available until expended (7 U.S.C. 2209b); for payments to the 1994 Institutions pursuant to section 534(a)(1) of Public Law 103-382, $1,689,000; and for necessary expenses of Research and Education Activities, $37,704,000. None of the funds appropriated under this heading shall be available to carry out research related to the production, processing or marketing of tobacco or tobacco products: Provided, That this paragraph shall not apply to research on the medical, biotechnological, food, and industrial uses of tobacco. 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 [[Page 11]] 118 STAT. 11 out the provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.), $4,064,000; payments for Indian reservation agents under section 3(d) of the Smith-Lever Act, $1,785,000; payments for sustainable agriculture programs under section 3(d) of the Act, $4,359,000; payments for rural health and safety education as authorized by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), $2,345,000; payments for cooperative extension work by the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee University and West Virginia State College, $31,908,000, of which $1,724,884 shall be made available only for the purpose of ensuring that each institution shall receive no less than $1,000,000; for grants to youth organizations pursuant to section 7630 of title 7, United States Code, $2,683,000; and for necessary expenses of Extension Activities, $22,296,000. 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. [[Page 12]] 118 STAT. 12 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. [[Page 13]] 118 STAT. 13 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, NOTE: Certificates. That, in the case of the term of protection for the variety for which certificate number 8200179 was issued, on the date of enactment of this Act, the Secretary of Agriculture shall issue a new certificate for a term of protection of 10 years for the variety, except that the Secretary may terminate the certificate (at the end of any calendar year that is more than 5 years after the date of issuance of the certificate) if the Secretary determines that a new variety of seed (that is substantially based on the genetics of the variety for which the certificate was issued) is commercially viable and available in sufficient quantities to meet market demands. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701). 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, NOTE: Notification. 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 [[Page 14]] 118 STAT. 14 (7 U.S.C. 1623(b)), $3,338,000, of which not less than $2,000,000 shall be used to make noncompetitive grants under this heading. Grain Inspection, Packers and Stockyards Administration 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, NOTE: Notification. That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. Office of the Under Secretary for Food Safety For necessary salaries and expenses of the Office of the Under Secretary for Food Safety to administer the laws enacted by the Congress for the Food Safety and Inspection Service, $599,000. Food Safety and Inspection Service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $784,511,000, of which no less than $701,823,000 shall be available for Federal food safety inspection; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 50 full time equivalent positions above the fiscal year 2002 level shall be employed during fiscal year 2004 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. [[Page 15]] 118 STAT. 15 Office of the Under Secretary for Farm and Foreign Agricultural Services For necessary salaries and expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services to administer the laws enacted by Congress for the Farm Service Agency, the Foreign Agricultural Service, the Risk Management Agency, and the Commodity Credit Corporation, $635,000. Farm Service Agency 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. [[Page 16]] 118 STAT. 16 For the cost of direct and guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans, $33,648,000, of which $5,130,000 shall be for guaranteed loans, and $28,518,000 shall be for direct loans; operating loans, $163,004,000, of which $39,960,000 shall be for unsubsidized guaranteed loans, $34,000,000 shall be for subsidized guaranteed loans, and $89,044,000 shall be for direct loans. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $290,968,000, of which $283,020,000 shall be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''. Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct loans and guaranteed loans may be transferred among these programs: Provided, NOTE: Notification. Deadline. That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer. Risk Management Agency For administrative and operating expenses, as authorized by section 226A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6933), $71,422,000: Provided, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i). CORPORATIONS The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal Crop Insurance Corporation Fund For payments as authorized by section 516 of the Federal Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain available until expended. Commodity Credit Corporation Fund 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 [[Page 17]] 118 STAT. 17 cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 6961). TITLE II CONSERVATION PROGRAMS Office of the Under Secretary for Natural Resources and Environment For necessary salaries and expenses of the Office of the Under Secretary for Natural Resources and Environment to administer the laws enacted by the Congress for the Forest Service and the Natural Resources Conservation Service, $745,000. Natural Resources Conservation Service 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 [[Page 18]] 118 STAT. 18 with respect to programs listed in section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)). 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 [[Page 19]] 118 STAT. 19 XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451-3461), $51,947,000, to remain available until expended: Provided, That none of the funds made available under this paragraph by this or any other appropriations Act may be used to provide technical assistance with respect to programs listed in section 1241(a) of the Food Security Act of NOTE: Contracts. 1985 (16 U.S.C. 3841(a)): Provided further, That the Secretary shall enter into a cooperative or contribution agreement with a national association regarding a Resource Conservation and Development program and such agreement shall contain the same matching, contribution requirements, and funding level, set forth in a similar cooperative or contribution agreement with a national association in fiscal year 2002: Provided further, That not to exceed $3,504,300, the same amount as in the budget, shall be available for national headquarters activities. TITLE III RURAL DEVELOPMENT PROGRAMS Office of the Under Secretary for Rural Development For necessary salaries and expenses of the Office of the Under Secretary for Rural Development to administer programs under the laws enacted by the Congress for the Rural Housing Service, the Rural Business-Cooperative Service, and the Rural Utilities Service of the Department of Agriculture, $636,000. 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: [[Page 20]] 118 STAT. 20 Provided further, That of the amount appropriated for rural community programs, $6,000,000 shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low- income rural communities, and federally recognized Native American tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That of the amount appropriated for the rural business and cooperative development programs, not to exceed $500,000 shall be made available for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development; $1,750,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 1921 et seq.); and not less than $2,000,000 shall be available for grants in accordance with section 310B(f) of the Consolidated Farm and Rural Development Act: Provided further, That of the amount appropriated for rural utilities programs, not to exceed $25,000,000 shall be for water and waste disposal systems to benefit the Colonias along the United States/Mexico border, including grants pursuant to section 306C of such Act; not to exceed $28,000,000 shall be for water and waste disposal systems for rural and native villages in Alaska pursuant to section 306D of such Act, with up to 1 percent available to administer the program and up to 1 percent available to improve interagency coordination may be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses'', of which $100,000 shall be provided to develop a regional system for centralized billing, operation, and management of rural water and sewer utilities through regional cooperatives, of which 25 percent shall be provided for water and sewer projects in regional hubs, and the State of Alaska shall provide a 25 percent cost share; not to exceed $17,733,000 shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, of which $5,513,000 shall be for Rural Community Assistance Programs; and not to exceed $13,000,000 shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That of the amount appropriated for the circuit rider program, Alaska shall receive two additional full circuit rider contracts and not less than $750,000 shall be for contracting with qualified national organizations to establish a Native American circuit rider program to provide technical assistance for rural water systems: Provided further, That of the total amount appropriated, not to exceed $22,132,000 shall be available through June 30, 2004, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones; of which $1,000,000 shall be for the rural community programs described in section 381E(d)(1) of such Act, of which $12,582,000 shall be for the rural utilities programs described in section 381E(d)(2) of such Act, and [[Page 21]] 118 STAT. 21 of which $8,550,000 shall be for the rural business and cooperative development programs described in section 381E(d)(3) of such Act: Provided further, That of the amount appropriated for rural community programs, not to exceed $22,000,000 shall be to provide grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106-387), with 5 percent for administration and capacity building in the State rural development offices: Provided further, That of the amount appropriated, $28,000,000 shall be transferred to and merged with the ``Rural Utilities Service, High Energy Cost Grants Account'' to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year balances for high cost energy grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and merged with the ``Rural Utilities Service, High Energy Costs Grants Account''. Rural Development Salaries and Expenses (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, [[Page 22]] 118 STAT. 22 $165,921,000, of which $126,018,000 shall be for direct loans, and of which $39,903,000, to remain available until expended, shall be for unsubsidized guaranteed loans; section 504 housing repair loans, $9,612,000; section 515 rental housing, $50,126,000; section 538 multi- family housing guaranteed loans, $5,950,000; multi-family credit sales of acquired property, $663,000; and section 523 self-help housing land development loans, $75,000: Provided, That of the total amount appropriated in this paragraph, $7,100,000 shall be available through June 30, 2004, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $443,302,000, which shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''. 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, NOTE: Contracts. That agreements entered into or renewed during the current fiscal year shall be funded for a 4-year period: Provided further, That any unexpended balances remaining at the end of such 4-year agreements may be transferred and used for the purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act. Mutual and Self-Help Housing Grants For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available until expended: Provided, That of the total amount appropriated, $1,000,000 shall be available through June 30, 2004, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. Rural Housing Assistance Grants For grants and contracts for very low-income housing repair, supervisory and technical assistance, compensation for construction defects, and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, $46,222,000, to remain available until expended, of which [[Page 23]] 118 STAT. 23 $5,000,000 shall be available for a processing and/or fishery workers housing demonstration project in Alaska, Mississippi, Utah, and Wisconsin: Provided, That of the total amount appropriated, $1,800,000 shall be available through June 30, 2004, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. 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. [[Page 24]] 118 STAT. 24 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 [[Page 25]] 118 STAT. 25 and guaranteed loans authorized by sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of rural electric loans, $60,000, and the cost of telecommunication loans, $125,000: Provided, That notwithstanding section 305(d)(2) of the Rural Electrification Act of 1936, borrower interest rates may exceed 7 percent per year. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $37,853,000 which shall be transferred to and merged with the appropriation for ``Rural Development, Salaries and Expenses''. 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. [[Page 26]] 118 STAT. 26 TITLE IV DOMESTIC FOOD PROGRAMS Office of the Under Secretary for Food, Nutrition and Consumer Services For necessary salaries and expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services to administer the laws enacted by the Congress for the Food and Nutrition Service, $599,000. Food and Nutrition Service 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, NOTE: Study. 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 [[Page 27]] 118 STAT. 27 except those that have an announced policy of prohibiting smoking within the space used to carry out the program: Provided further, That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds provided shall be available for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of such Act. 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, NOTE: Bison meat. 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. [[Page 28]] 118 STAT. 28 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, NOTE: Notification. That funds made available for the cost of agreements under title I of the Agricultural Trade Development and Assistance Act of 1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the Committees on Appropriations of both Houses of Congress. [[Page 29]] 118 STAT. 29 Public Law 480 Title II Grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, for commodities supplied in connection with dispositions abroad under title II of said Act, $1,192,000,000, to remain available until expended. McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM GRANTS For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o- 1), $50,000,000, to remain available until expended: Provided, That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein. Commodity Credit Corporation Export Loans Program Account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation's export guarantee program, GSM 102 and GSM 103, $4,152,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $3,306,000 may be transferred to and merged with the appropriation for ``Foreign Agricultural Service, Salaries and Expenses'', and of which $846,000 may be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''. TITLE VI RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Salaries and Expenses For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92-313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107-188; $1,673,441,000: Provided, That of the amount provided under this heading, $249,825,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h, and shall be credited to this account and remain available until expended; $31,654,000 shall be derived from medical device [[Page 30]] 118 STAT. 30 user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended; and $5,000,000 shall be derived from animal drug user fees (subject to enactment of legislation authorizing such fees), and shall be credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical device, and animal drug assessments received during fiscal year 2004, including any such fees assessed prior to the current fiscal year but credited during the current year, shall be subject to the fiscal year 2004 limitation: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $413,112,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs; (2) $477,966,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $169,429,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $89,396,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $209,420,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $39,887,000 shall be for the National Center for Toxicological Research; (7) $39,276,000 shall be for Rent and Related activities, other than the amounts paid to the General Services Administration for rent; (8) $119,594,000 shall be for payments to the General Services Administration for rent; and (9) $115,361,000 shall be for other activities, including the Office of the Commissioner; the Office of Management and Systems; the Office of External Relations; the Office of Policy and Planning; and central services for these offices: Provided further, That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress. In addition, mammography user fees authorized by 42 U.S.C. 263b may be credited to this account, to remain available until expended. In addition, export certification user fees authorized by 21 U.S.C. 381 may be credited to this account, to remain available until expended. 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. [[Page 31]] 118 STAT. 31 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. NOTE: 7 USC 2209b. New obligational authority provided for the following appropriation items in this Act shall remain available until expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, information technology infrastructure, fruit fly program, emerging plant pests, boll weevil program, and up to 25 percent of the screwworm program; Food Safety and Inspection Service, field automation and information management project; Cooperative State Research, Education, and Extension Service, funds for competitive research grants (7 U.S.C. 450i(b)), funds for the Research, Education, and Economics Information System (REEIS), and funds for the Native American Institutions Endowment Fund; Farm Service Agency, salaries and expenses funds made available to county committees; Foreign Agricultural Service, middle-income country training program and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service. [[Page 32]] 118 STAT. 32 Sec. 706. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 707. Not to exceed $50,000 of the appropriations available to the Department of Agriculture in this Act shall be available to provide appropriate orientation and language training pursuant to section 606C of the Act of August 28, 1954 (7 U.S.C. 1766b). Sec. 708. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. Sec. 709. None of the funds in this Act shall be available to restrict the authority of the Commodity Credit Corporation to lease space for its own use or to lease space on behalf of other agencies of the Department of Agriculture when such space will be jointly occupied. Sec. 710. None of the funds in this Act shall be available to pay indirect costs charged against competitive agricultural research, education, or extension grant awards issued by the Cooperative State Research, Education, and Extension Service that exceed 20 percent of total Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded competitively by the Cooperative State Research, Education, and Extension Service shall be available to pay full allowable indirect costs for each grant awarded under section 9 of the Small Business Act (15 U.S.C. 638). Sec. 711. Notwithstanding any other provision of this Act, all loan levels provided in this Act shall be considered estimates, not limitations. Sec. 712. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to cover obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Telephone Bank program account, the Rural Electrification and Telecommunication Loans program account, the Rural Housing Insurance Fund program account, and the Rural Economic Development Loans program account. Sec. 713. None of the funds in this Act may be used to retire more than 5 percent of the Class A stock of the Rural Telephone Bank or to maintain any account or subaccount within the accounting records of the Rural Telephone Bank the creation of which has not specifically been authorized by statute: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available in this Act may be used to transfer to the Treasury or to the Federal Financing Bank any unobligated balance of the Rural Telephone Bank telephone liquidating account which is in excess of current requirements and [[Page 33]] 118 STAT. 33 such balance shall receive interest as set forth for financial accounts in section 505(c) of the Federal Credit Reform Act of 1990. Sec. 714. Of the funds made available by this Act, not more than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. Sec. 715. None of the funds appropriated by this Act may be used to carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 471). Sec. 716. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act to any other agency or office of the Department for more than 30 days unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. Sec. 717. None of the funds appropriated or otherwise made available to the Department of Agriculture shall be used to transmit or otherwise make available to any non-Department of Agriculture employee questions or responses to questions that are a result of information requested for the appropriations hearing process. Sec. 718. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the prior approval of the Committees on Appropriations of both Houses of Congress. Sec. 719. (a) NOTE: Notifications. Deadlines. None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or [[Page 34]] 118 STAT. 34 expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. (c) The Secretary of Agriculture, the Secretary of Health and Human Services, or the Chairman of the Commodity Futures Trading Commission shall notify the Committees on Appropriations of both Houses of Congress before implementing a program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. Sec. 720. With the exception of funds needed to administer and conduct oversight of grants awarded and obligations incurred in prior fiscal years, none of the funds appropriated or otherwise made available by this or any other Act may be used to pay the salaries and expenses of personnel to carry out the provisions of section 401 of Public Law 105- 185, the Initiative for Future Agriculture and Food Systems (7 U.S.C. 7621). Sec. 721. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's Budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2005 appropriations Act. Sec. 722. None of the funds made available by this or any other Act may be used to close or relocate a State Rural Development office unless or until cost effectiveness and enhancement of program delivery have been determined. Sec. 723. In addition to amounts otherwise appropriated or made available by this Act, $3,000,000 is appropriated for the purpose of providing Bill Emerson and Mickey Leland Hunger Fellowships, as authorized by Public Law 108-58. Sec. 724. Notwithstanding section 412 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f), any balances available to carry out title III of such Act as of the date of enactment of this Act, and any recoveries and reimbursements that become available to carry out title III of such Act, may be used to carry out title II of such Act. Sec. 725. NOTE: HIV/AIDS. Of any shipments of commodities made pursuant to section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the Secretary of Agriculture shall, to the extent practicable, direct that tonnage equal in value to not more than $25,000,000 shall [[Page 35]] 118 STAT. 35 be made available to foreign countries to assist in mitigating the effects of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome on communities, including the provision of-- (1) agricultural commodities to-- (A) individuals with Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome in the communities; and (B) households in the communities, particularly individuals caring for orphaned children; and (2) agricultural commodities monetized to provide other assistance (including assistance under microcredit and microenterprise programs) to create or restore sustainable livelihoods among individuals in the communities, particularly individuals caring for orphaned children. Sec. 726. Section 375(e)(6)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking ``$26,499,000'' and inserting ``$26,998,000''. Sec. 727. Notwithstanding any other provision of law, the Natural Resources Conservation Service may provide financial and technical assistance through the Watershed and Flood Prevention Operations program for the Kuhn Bayou and Ditch 26 Improvement projects in Arkansas, the Matanuska River erosion control project in Alaska, the DuPage County Sawmill Creek Watershed project in Illinois, and the Coal Creek project in Utah, and four flood control structures in Marmaton, Kansas. Sec. 728. NOTE: State listing. Notwithstanding any other provision of law, the Secretary shall consider the County of Lawrence, Ohio; the City of Havelock, North Carolina; the City of Portsmouth, Ohio; the City of Binghamton, New York; the Town of Vestal, New York; the City of Ithaca, New York; the City of Casa Grande, Arizona; the City of Clarksdale, Mississippi; the City of Coachella, California; the City of Salinas, California; the City of Watsonville, California; the City of Hollister, California; the Municipality of Carolina, Puerto Rico; and the City of Kinston, North Carolina, as meeting the eligibility requirements for loans and grants programs in the Rural Development mission area. Sec. 729. NOTE: Illinois. Kentucky. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and technical assistance to the DuPage County, Illinois, Kress Creek Watershed Plan, from funds available for the Watershed and Flood Prevention Operations program, not to exceed $1,600,000 and Rockhouse Creek Watershed, Leslie County, Kentucky, not to exceed $1,000,000. Sec. 730. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriation Act. Sec. 731. NOTE: Missouri. None of the funds made available to the Food and Drug Administration by this Act shall be used to close or relocate, or to plan to close or relocate, the Food and Drug Administration Division of Pharmaceutical Analysis in St. Louis, Missouri, outside the city or county limits of St. Louis, Missouri. Sec. 732. Agencies and offices of the Department of Agriculture may utilize any unobligated salaries and expenses funds to reimburse the Office of the General Counsel for salaries and [[Page 36]] 118 STAT. 36 expenses of personnel, and for other related expenses, incurred in representing such agencies and offices in the resolution of complaints by employees or applicants for employment, and in cases and other matters pending before the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, or the Merit Systems Protection Board with the prior approval of the Committees on Appropriations of both Houses of Congress. Sec. 733. Notwithstanding any other provision of law, of the funds made available in this Act for competitive research grants (7 U.S.C. 450i(b)), the Secretary may use up to 20 percent of the amount provided to carry out a competitive grants program under the same terms and conditions as those provided in section 401 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621), including requests for proposals for grants for critical emerging issues described in section 401(c)(1) of that Act for which the Secretary has not issued requests for proposals for grants in fiscal year 2002 or 2003. Sec. 734. None of the funds appropriated or made available by this or any other Act may be used to pay the salaries and expenses of personnel to carry out section 14(h)(1) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)). Sec. 735. NOTE: West Virginia. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and technical assistance through the Watershed and Flood Prevention Operations program to carry out the Upper Tygart Valley Watershed project, West Virginia: Provided, That the Natural Resources Conservation Service is authorized to provide 100 percent of the engineering assistance and 75 percent cost share for installation of the water supply component of this project. Sec. 736. None of the funds appropriated or made available by this or any other Act may be used to pay the salaries and expenses of personnel to carry out subtitle I of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd through dd-7). Sec. 737. None of the funds appropriated or made available by this or any other Act may be used to pay the salaries and expenses of personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C. 2655). Sec. 738. None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries and expenses of personnel to carry out the provisions of sections 7404(a)(1) and 7404(c)(1) of Public Law 107-171. Sec. 739. The Agricultural Marketing Service and the Grain Inspection, Packers and Stockyards Administration, that have statutory authority to purchase interest bearing investments outside of the Treasury, are not required to establish obligations and outlays for those investments, provided those investments are insured by the Federal Deposit Insurance Corporation or are collateralized at the Federal Reserve with securities approved by the Federal Reserve, operating under the guidelines of the United States Department of the Treasury. Sec. 740. Of the funds made available under section 27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use up to $10,000,000 for costs associated with the distribution of commodities. Sec. 741. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries [[Page 37]] 118 STAT. 37 and expenses of personnel to enroll in excess of 189,144 acres in the calendar year 2004 wetlands reserve program as authorized by 16 U.S.C. 3837. Sec. 742. None of the funds made available in fiscal year 2004 or preceding fiscal years for programs authorized under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to reimburse the Commodity Credit Corporation for the release of eligible commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f- 1): Provided, That any such funds made available to reimburse the Commodity Credit Corporation shall only be used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. Sec. 743. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel who carry out an environmental quality incentives program authorized by chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of $975,000,000. Sec. 744. Notwithstanding any other provision of law, the Natural Resources Conservation Service may provide from appropriated funds financial and technical assistance to the Dry Creek project, Utah. Sec. 745. The Secretary of Agriculture is authorized to permit employees of the United States Department of Agriculture to carry and use firearms for personal protection while conducting field work in remote locations in the performance of their official duties. Sec. 746. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to expend the $23,000,000 made available by section 9006(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106(f)). Sec. 747. Access to Broadband Telecommunications Services in Rural Areas. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to expend the $20,000,000 made available by section 601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)(A)) for fiscal year 2004. Sec. 748. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to expend the $40,000,000 made available by section 231(b)(4) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note) for fiscal year 2004. Sec. 749. Section 285 of the Agricultural Marketing Act of 1946 (16 U.S.C. 1638d et seq.) is amended by striking ``2004'' and inserting ``2006, except for `farm-raised fish' and `wild fish' which shall be September 30, 2004''. Sec. 750. (a) Notwithstanding subsections (c) and (e)(2) of section 313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in implementing section 313A of that Act, the Secretary shall, with the consent of the lender, structure the schedule for payment of the annual fee, not to exceed an average of 30 basis points per year for the term of the loan, to ensure that sufficient funds are available to pay the subsidy costs for note guarantees under that section. [[Page 38]] 118 STAT. 38 (b) NOTE: Publication. Regulations. Deadline. 7 USC 740c-1 note. The Secretary shall publish a proposed rule to carry out section 313A of the Rural Electrification Act of 1936 within 60 days of enactment of this Act. Sec. 751. Any unobligated balances in the Alternative Agricultural Research and Commercialization Revolving Fund are hereby rescinded. Sec. 752. Not more than $41,443,000 for fiscal year 2004 of the funds appropriated or otherwise made available by this or any other Act shall be used to carry out the conservation security program established under subchapter A of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.). Sec. 753. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a ground and surface water conservation program authorized by section 2301 of Public Law 107-171, the Farm Security and Rural Investment Act of 2002, in excess of $51,000,000. Sec. 754. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out section 2502 of Public Law 107-171, the Farm Security and Rural Investment Act of 2002, in excess of $42,000,000. Sec. 755. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out section 2503 of Public Law 107-171, the Farm Security and Rural Investment Act of 2002, in excess of $112,044,000. Sec. 756. NOTE: New York. (a) Assistance for Commercial Tree Losses.--The Secretary of Agriculture shall use $5,000,000 of the funds of the Commodity Credit Corporation to provide assistance under the Tree Assistance Program, subtitle C of title X of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.), to tree-fruit growers located in a federally declared disaster area in the State of New York who suffered tree losses in 2003 as a result of an April 4-6, 2003, icestorm. (b) NOTE: Florida. The Secretary of Agriculture shall use $10,000,000 of the funds of the Commodity Credit Corporation, to remain available until expended, to compensate commercial citrus and lime growers in the State of Florida for tree replacement and for lost production with respect to trees removed to control citrus canker, and with respect to certified citrus nursery stocks within the citrus canker quarantine areas, as determined by the Secretary. For a grower to receive assistance for a tree under this section, the tree must have been removed after September 30, 2001. Sec. 757. There is hereby appropriated $1,500,000 to carry out section 6028 of Public Law 107-171, the Farm Security and Rural Investment Act of 2002: Provided, That notwithstanding section 383B(g)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-1(g)(1)), the Federal share of the administrative expenses of the Northern Great Plains Regional Authority for fiscal year 2004 shall be 100 percent. Sec. 758. Section 204(a)(3) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) is amended [[Page 39]] 118 STAT. 39 by striking ``the Committee on Foreign Affairs'' through ``the Committee on'' and inserting ``the Committees on International Relations, Agriculture and Appropriations of the House of Representatives, and the Committees on Appropriations and''. Sec. 759. None of the funds appropriated or made available by this or any other Act may be used to pay the salaries and expenses of personnel to carry out section 6029 of Public Law 107-171, the Farm Security and Rural Investment Act of 2002: Provided, That this section shall not apply to activities related to the promulgation of regulations or the receipt and review of applications for the Rural Business Investment Program. Sec. 760. None of the funds appropriated or otherwise made available in this Act shall be expended to violate Public Law 105-264. Sec. 761. Cost-Sharing for Animal and Plant Health Emergency Programs. None of the funds made available by this Act may be used to issue a final rule in furtherance of, or otherwise implement, the proposed rule on cost-sharing for animal and plant health emergency programs of the Animal and Plant Health Inspection Service published on July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541). Sec. 762. Agencies and offices of the Department of Agriculture may utilize any available discretionary funds to cover the costs of preparing, or contracting for the preparation of, final agency decisions regarding complaints of discrimination in employment or program activities arising within such agencies and offices. Sec. 763. NOTE: Alaska. 42 USC 1472 note. Notwithstanding any other provision of law, for any fiscal year, in the case of a high cost isolated rural area in Alaska that is not connected to a road system, the maximum level for the single family housing assistance shall be 150 percent of the average income level in the metropolitan areas of the State and 115 percent of all other eligible areas of the State. Sec. 764. There is hereby appropriated $1,000,000, to remain available until expended, for the Denali Commission to address deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies. Sec. 765. NOTE: Mississippi. South Dakota. Notwithstanding any other provision of law, the Secretary shall consider the City of Vicksburg, Mississippi; the City of Aberdeen, South Dakota; and the City of Starkville, Mississippi as meeting the requirements of a rural area contained in section 520 of the Housing Act of 1949 (42 U.S.C. 1490) until receipt of the decennial Census for the year 2010. Sec. 766. NOTE: New Hampshire. Oklahoma. Notwithstanding any other provision of law, the Secretary shall consider the City of Berlin, New Hampshire; the City of Guymon, Oklahoma; the City of Shawnee, Oklahoma; and the City of Altus, Oklahoma, to be eligible for loans and grants provided through the Rural Community Advancement Program until receipt of the decennial Census in the year 2010. Sec. 767. None of the funds made available in this Act may be used to study, complete a study of, or enter into a contract with a private party to carry out, without specific authorization in a subsequent Act of Congress, a competitive sourcing activity of the Secretary of Agriculture, including support personnel of the Department of Agriculture, relating to rural development or farm loan programs. [[Page 40]] 118 STAT. 40 Sec. 768. Section 501(b)(5)(B) of the Housing Act of 1949 (42 U.S.C. 1471(b)(5)(B) is amended by striking ``for fiscal years 2002 and 2003,''. Sec. 769. Agricultural Management Assistance. Section 524(b)(4)(B) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended-- (1) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (2) by adding at the end the following: ``(iii) Certain uses.--Of the amounts made available to carry out this subsection for each of fiscal years 2004 through 2007 the Commodity Credit Corporation shall use not less than-- ``(I) $14,000,000 to carry out subparagraphs (A), (B), and (C) of paragraph (2) through the Natural Resources Conservation Service; ``(II) $1,000,000 to provide organic certification cost share assistance through the Agricultural Marketing Service; and ``(III) $5,000,000 to conduct activities to carry out subparagraph (F) of paragraph (2) through the Risk Management Agency.''. Sec. 770. NOTE: 7 USC 5603 note. Hereafter, no funds provided in this or any other Act shall be available to the Secretary of Agriculture acting through the Foreign Agricultural Service to promote the sale or export of tobacco or tobacco products. Sec. 771. (a) In General.--Section 3(o)(4) of the Food Stamp Act of 1977, as amended (7 U.S.C. 2012(o)(4), is amended by inserting before the period at the end the following: ``, and except that on October 1, 2003, in the case of households residing in Alaska and Hawaii the Secretary may not reduce the cost of such diet in effect on September 30, 2002''. (b) Effective Date.--The NOTE: 7 USC 2012 note. amendment made by subsection (a) shall be effective beginning on September 30, 2003. Sec. 772. Section 601(b)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)(2)) is amended to read as follows: ``(2) Eligible rural community.--The term `eligible rural community' means any area of the United States that is not contained in an incorporated city or town with a population in excess of 20,000 inhabitants.''. Sec. 773. Notwithstanding any other provision of law, for all activities under programs of the Rural Development Mission Area within the County of Honolulu, Hawaii, the Secretary may designate any portion of the county as a rural area or eligible rural community that the Secretary determines is not urban in character: Provided, That the Secretary shall not include in any such rural area or eligible rural community any area included in the Honolulu Census Designated Place as determined by the Secretary of Commerce. Sec. 774. The first sentence of section 306(g)(1) of the National Housing Act (12 U.S.C. 1721(g)(1)) is amended-- (1) by striking ``or title V of the Housing Act of 1949''; and (2) by inserting after ``1944'' the following: ``, title V of the Housing Act of 1949,''. Sec. 775. Notwithstanding the provisions of the Consolidated Farm and Rural Development Act (including the associated regulations) governing the Community Facilities Program, the Secretary [[Page 41]] 118 STAT. 41 may allow all Community Facility Program facility borrowers and grantees to enter into contracts with not-for-profit third parties for services consistent with the requirements of the Program, grant, and/or loan: Provided, That the contracts protect the interests of the Government regarding cost, liability, maintenance, and administrative fees. Sec. 776. Notwithstanding any other provision of law, the Secretary of Agriculture may use appropriations available to the Secretary for activities authorized under sections 426-426c of title 7, United States Code, under this or any other Act, to enter into cooperative agreements, with a State, political subdivision, or agency thereof, a public or private agency, organization, or any other person, to lease aircraft if the Secretary determines that the objectives of the agreement will: (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Animal Plant Health Inspection Service, Wildlife Service; and (2) all parties will contribute resources to the accomplishment of these objectives; award of a cooperative agreement authorized by the Secretary may be made for an initial term not to exceed 5 years. Sec. 777. Citrus Canker Assistance. Section 211 of the Agricultural Assistance Act of 2003 (117 Stat. 545) is amended-- (1) in the section heading, by inserting ``tree replacement and'' after ``for''; and (2) in subsection (a), by inserting ``tree replacement and'' after ``Florida for''. Sec. 778. NOTE: Sun Grant Research Initiative Act of 2003. 7 USC 8101 note. Sun Grant Research Initiative. (a) Short Title.--This section may be cited as the ``Sun Grant Research Initiative Act of 2003''. (b) Research, Extension, and Educational Programs on Biobased Energy Technologies and Products.--Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end the following: ``SEC. 9011. NOTE: 7 USC 8109. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS. ``(a) Purposes.--The purposes of the programs established under this section are-- ``(1) to enhance national energy security through the development, distribution, and implementation of biobased energy technologies; ``(2) to promote diversification in, and the environmental sustainability of, agricultural production in the United States through biobased energy and product technologies; ``(3) to promote economic diversification in rural areas of the United States through biobased energy and product technologies; and ``(4) to enhance the efficiency of bioenergy and biomass research and development programs through improved coordination and collaboration between the Department of Agriculture, the Department of Energy, and the land-grant colleges and universities. ``(b) Definitions.--In this section: ``(1) Land-grant colleges and universities.--The term `land- grant colleges and universities' means-- [[Page 42]] 118 STAT. 42 ``(A) 1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)); ``(B) 1890 Institutions (as defined in section 2 of that Act) and West Virginia State College; and ``(C) 1994 Institutions (as defined in section 2 of that Act). ``(2) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(c) Establishment.--To carry out the purposes described in subsection (a), the Secretary shall establish programs under which-- ``(1) NOTE: Grants. the Secretary shall provide grants to sun grant centers specified in subsection (d); and ``(2) the sun grant centers shall use the grants in accordance with this section. ``(d) Grants to Centers.--The Secretary shall use amounts made available for a fiscal year under subsection (j) to provide a grants in equal amounts to each of the following sun grant centers: ``(1) North-central center.--A NOTE: South Dakota State University. north-central sun grant center at South Dakota State University for the region composed of the States of Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming. ``(2) Southeastern center.--A NOTE: University of Tennessee. southeastern sun grant center at the University of Tennessee at Knoxville for the region composed of-- ``(A) the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia; ``(B) the Commonwealth of Puerto Rico; and ``(C) the United States Virgin Islands. ``(3) South-central center.--A NOTE: Oklahoma State University. south-central sun grant center at Oklahoma State University for the region composed of the States of Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas. ``(4) Western center.--A NOTE: Oregon State University. western sun grant center at Oregon State University for the region composed of-- ``(A) the States of Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, and Washington; and ``(B) territories and possessions of the United States (other than the territories referred to in subparagraphs (B) and (C) of paragraph (2)). ``(5) Northeastern center.--A NOTE: Cornell University. northeastern sun grant center at Cornell University for the region composed of the States of Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia. ``(e) Use of Funds.-- ``(1) Centers of excellence.--Of the amount of funds that are made available for a fiscal year to a sun grant center under subsection (d), the center shall use not more than 25 percent of the amount for administration to support excellence in science, engineering, and economics at the center to promote the purposes described in subsection (a) through the State [[Page 43]] 118 STAT. 43 agricultural experiment station, cooperative extension services, and relevant educational programs of the university. ``(2) Grants to land-grant colleges and universities.-- ``(A) In general.--The sun grant center established for a region shall use the funds that remain available for a fiscal year after expenditures made under paragraph (1) to provide competitive grants to land- grant colleges and universities in the region of the sun grant center to conduct, consistent with the purposes described in subsection (a), multiinstitutional and multistate-- ``(i) research, extension, and educational programs on technology development; and ``(ii) integrated research, extension, and educational programs on technology implementation. ``(B) Programs.--Of the amount of funds that are used to provide grants for a fiscal year under subparagraph (A), the center shall use-- ``(i) not less than 30 percent of the funds to carry out programs described in subparagraph (A)(i); and ``(ii) not less than 30 percent of the funds to carry out programs described in subparagraph (A)(ii). ``(3) Indirect costs.--A sun grant center may not recover the indirect costs of making grants under paragraph (2) to other land-grant colleges and universities. ``(f) Plan.-- ``(1) In general.--Subject to the availability of funds under subsection (j), in cooperation with other land-grant colleges and universities and private industry in accordance with paragraph (2), the sun grant centers shall jointly develop and submit to the Secretary, for approval, a plan for addressing at the State and regional levels the bioenergy, biomass, and gasification research priorities of the Department of Agriculture and the Department of Energy for the making of grants under paragraphs (1) and (2) of subsection (e). ``(2) Gasification coordination.-- ``(A) In general.--In developing the plan under paragraph (1) with respect to gasification research, the sun grant centers identified in paragraphs (1) and (2) of subsection (d) shall coordinate with land grant colleges and universities in their respective regions that have ongoing research activities with respect to the research. ``(B) Funding.--Funds made available under subsection (d) to the sun grant center identified in subsection (e)(2) shall be available to carry out planning coordination under paragraph (1) of this subsection. ``(g) Grants to Other Land-Grant Colleges and Universities.-- ``(1) Priority for grants.--In making grants under subsection (e)(2), a sun grant center shall give a higher priority to programs that are consistent with the plan approved by the Secretary under subsection (f). ``(2) Term of grants.--The term of a grant provided by a sun grant center under subsection (e)(2) shall not exceed 5 years. ``(h) Grant Information Analysis Center.--The sun grant centers shall maintain a Sun Grant Information Analysis Center [[Page 44]] 118 STAT. 44 at the sun grant center specified in subsection (d)(1) to provide sun grant centers analysis and data management support. ``(i) Annual Reports.--Not later than 90 days after the end of a year for which a sun grant center receives a grant under subsection (d), the sun grant center shall submit to the Secretary a report that describes the policies, priorities, and operations of the program carried out by the center during the year, including a description of progress made in facilitating the priorities described in subsection (f). ``(j) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $25,000,000 for fiscal year 2005; ``(B) $50,000,000 for fiscal year 2006; and ``(C) $75,000,000 for each of fiscal years 2007 through 2010. ``(2) Grant information analysis center.--Of amounts made available under paragraph (1), not more than $4,000,000 for each fiscal year shall be made available to carry out subsection (h).''. Sec. 779. Rural Electrification. For fiscal year 2004, the Secretary of Agriculture may use any unobligated carryover funds made available for any program administered by the Rural Utilities Service (not including funds made available under the heading ``Rural Community Advancement Program'' in any Act of appropriation) to carry out section 315 of the Rural Electrification Act of 1936 (7 U.S.C. 940e). Sec. 780. Limitation on Allocation of Purchase Prices for Butter and Nonfat Dry Milk. None of the funds made available by this Act may be used to pay the salaries or expenses of employees of the Department of Agriculture to allocate the rate of price support between the purchase prices for nonfat dry milk and butter in a manner that does not support the price of milk in accordance with section 1501(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7981(b)). Sec. 781. Emergency Watershed Protection Program. Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to make funding and other assistance available through the emergency watershed protection program under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to repair and prevent damage to non- Federal land in watersheds that have been impaired by fires initiated by the Federal Government and to waive cost sharing requirements for the funding and assistance. Sec. 782. The Secretary may waive the requirements regarding small and emerging rural business as authorized under the Rural Business Enterprise Grant program for the purpose of a lease for the Oakridge Oregon Industrial Park. Sec. 783. Water and Waste Disposal Grant to the Alaska Department of Community and Economic Development. Notwithstanding any other provision of law-- (1) the Alaska Department of Community and Economic Development shall be eligible to receive a water and waste disposal grant under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) in an amount that is equal to not more than 75 percent of the total cost [[Page 45]] 118 STAT. 45 of providing water and sewer service to the proposed hospital in the Matanuska-Susitna Borough, Alaska; and (2) the Alaska Department of Community and Economic Development shall be allowed to pass the grant funds through to the local government entity that will provide water and sewer service to the hospital. Sec. 784. None of the funds provided in this Act may be used for salaries and expenses to carry out any regulation or rule insofar as it would make ineligible for enrollment in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) land that is planted to hardwood trees as of the date of enactment of this Act and was enrolled in the conservation reserve program under a contract that expired prior to calendar year 2002. Sec. 785. Water and Waste Disposal Grant to the City of Postville, Iowa. Notwithstanding any other provision of law, the City of Postville, Iowa, shall be eligible to receive a water and waste disposal grant under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) in an amount that is equal to not more than 75 percent of the total cost of providing water and sewer service in the city. Sec. 786. None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries and expenses of personnel to implement a reorganization of regional conservationists and/or regional offices of the Natural Resources Conservation Service without the prior approval of the Committees on Appropriations. Sec. 787. Of the unobligated balance available to the Food Safety and Inspection Service for the field automation and information management project at the beginning of fiscal year 2004, $5,000,000 is hereby rescinded. Sec. 788. The matter under the heading ``Integrated Activities'' in division A--Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Programs Appropriations, 2003, title I--Agricultural Programs, in NOTE: 117 Stat. 19. Public Law 108-7 is amended by striking ``7 U.S.C. 3291'' and inserting ``7 U.S.C. 3292b''. Sec. 789. NOTE: Montana. Notwithstanding any other provision of law, the City of Great Falls, Montana, shall be considered a rural area for purposes of eligibility for business and industry guaranteed loans under section 310B(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(a)(1)). This division may be cited as the ``Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004''. [[Page 46]] 118 STAT. 46 DIVISION B--DEPARTMENTS NOTE: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004. OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2004 An Act Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2004, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, and for other purposes, namely: TITLE I--DEPARTMENT NOTE: Department of Justice Appropriations Act, 2004. OF JUSTICE General Administration 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 [[Page 47]] 118 STAT. 47 and Expenses, General Legal Activities'', and ``General Administration, Salaries and Expenses'', and the United States Attorneys, the United States Marshals Service, the Antitrust Division, the United States Trustee Program, the Executive Office for Immigration Review, the Community Relations Service, the Bureau of Prisons, the Office of Justice Programs and the United States Parole Commission, $27,034,000, to remain available until September 30, 2005. 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, NOTE: Notification. 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 [[Page 48]] 118 STAT. 48 with the appropriation under the heading ``Detention Trustee'' and shall be available NOTE: Plan. Deadline. 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 [[Page 49]] 118 STAT. 49 to exceed $112,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2004, so as to result in a final fiscal year 2004 appropriation from the general fund estimated at not more than $21,133,000. 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. [[Page 50]] 118 STAT. 50 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 [[Page 51]] 118 STAT. 51 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 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. [[Page 52]] 118 STAT. 52 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 [[Page 53]] 118 STAT. 53 with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $836,087,000, of which not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2): Provided, That no funds appropriated herein shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided further, That no funds appropriated herein shall be used to pay administrative expenses or the compensation of any officer or employee of the United States to implement an amendment or amendments to 27 CFR 178.118 or to change the definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item from ATF Publication 5300.11 as it existed on January 1, 1994: Provided further, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under 18 U.S.C. 925(c): Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to other agencies or Departments in fiscal year 2004: Provided further, That no funds appropriated under this or any other Act may be used to disclose to the public the contents or any portion thereof of any information required to be kept by licensees pursuant to section 923(g) of title 18, United States Code, or required to be reported pursuant to paragraphs (3) and (7) of section 923(g) of title 18, United States Code, except that this provision shall apply to any request for information made by any person or entity after January 1, 1998: Provided further, That no funds made available by this or any other Act shall be expended to promulgate or implement any rule requiring a physical inventory of any business licensed under section 923 of title 18, United States Code: Provided further, That no funds under this Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal identification code: Provided further, That subparagraphs (A) and (B) of 28 U.S.C. 530C(b)(2), are amended by inserting ``for the Bureau of Alcohol, Tobacco, Firearms and Explosives,'' after ``Marshals Service,'' in each subparagraph. Federal Prison System 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, NOTE: 42 USC 250a. That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: [[Page 54]] 118 STAT. 54 Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent/fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $6,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2005: Provided further, That, of the amounts provided for Contract Confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee Education Assistance Act of 1980, for the care and security in the United States of Cuban and Haitian entrants: Provided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses or other custodial facilities. 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, NOTE: Notification. 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. [[Page 55]] 118 STAT. 55 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 [[Page 56]] 118 STAT. 56 heading may be used as matching funds for any other Federal grant program, of which-- (A) $80,000,000 shall be for Boys and Girls Clubs in public housing facilities and other areas in cooperation with State and local law enforcement, as authorized by section 401 of Public Law 104-294 (42 U.S.C. 13751 note); (B) $10,000,000 shall be available for grants, contracts, and other assistance to carry out section 102(c) of H.R. 728; and (C) $2,981,000 for USA Freedom Corps activities; (2) $300,000,000 for the State Criminal Alien Assistance Program, as authorized by section 242(j) of the Immigration and Nationality Act: Provided, That funds shall be disbursed only as a direct reimbursement for each State's documented cost for incarcerating undocumented criminal aliens; (3) $2,000,000 for the Cooperative Agreement Program for the improvement of State and local correctional facilities holding prisoners in custody of the United States Marshals Service; (4) $15,000,000 for assistance to Indian tribes, of which-- (A) $2,000,000 shall be available for grants under section 20109(a)(2) of subtitle A of title II of the 1994 Act; (B) $8,000,000 shall be available for the Tribal Courts Initiative; and (C) $5,000,000 shall be available for demonstration projects on alcohol and crime in Indian Country; (5) $659,117,000 for programs authorized by part E of title I of the 1968 Act, notwithstanding the provisions of section 511 of said Act, of which $159,117,000 shall be for discretionary grants under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs; (6) $10,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of Public Law 106-386; (7) $892,000 for the Missing Alzheimer's Disease Patient Alert Program, as authorized by section 240001(c) of the 1994 Act; (8) $38,500,000 for Drug Courts, as authorized by part EE of title I of the 1968 Act; (9) $2,000,000 for public awareness programs addressing marketing scams aimed at senior citizens, as authorized by section 250005(3) of the 1994 Act; (10) $7,000,000 for a prescription drug monitoring program; (11) $37,175,000 for prison rape prevention and prosecution programs as authorized by the Prison Rape Elimination Act of 2003 (Public Law 108-79), of which $2,175,000 shall be transferred to the National Prison Rape Reduction Commission for authorized activities; and (12) $1,000,000 for a State and local law enforcement hate crimes training and technical assistance program: Provided, That funds made available in fiscal year 2004 under subpart 1 of part E of title I of the 1968 Act may be obligated for programs to assist States in the litigation processing of death penalty Federal habeas corpus petitions and for drug testing initiatives: Provided further, That, if a unit of local government uses any of the funds made available under this title to increase [[Page 57]] 118 STAT. 57 the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service. 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 NOTE: Notification. 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; [[Page 58]] 118 STAT. 58 (7) $30,000,000 for grants to upgrade criminal records, as authorized under the Crime Identification Technology Act of 1998 (42 U.S.C. 14601); (8) $100,000,000 for a DNA analysis and backlog reduction formula program, of which-- (A) $55,000,000 shall be for eliminating casework backlogs; (B) $5,000,000 shall be for eliminating the offender backlog; (C) $30,000,000 shall be for strengthening crime lab capacity; (D) $5,000,000 shall be for training the criminal justice community; and (E) $5,000,000 shall be for using DNA to identify missing persons; (9) $10,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act (42 U.S.C. 3797j et seq.); (10) $30,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal governments only for costs associated with the prosecution of criminal cases declined by local United States Attorneys offices; (11) $5,000,000 for an offender re-entry program, as authorized by Public Law 107-273; (12) $10,000,000 for a police integrity program; (13) $30,000,000 for Project Safe Neighborhoods to reduce gun violence, and gang and drug-related crime; (14) $24,226,000 for grants, contracts and other assistance to States under section 102(b) of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601), of which $5,000,000 is for the National Institute of Justice for grants, contracts, and other agreements to develop school safety technologies and training; (15) $85,000,000 for the COPS Interoperable Communications Technology Program; (16) $4,600,000 for the Safe Schools Initiative; and (17) not to exceed $30,000,000 for program management and administration. 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; [[Page 59]] 118 STAT. 59 (2) $2,281,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; (3) $994,000 for grants for televised testimony, as authorized by part N of the 1968 Act; (4) $168,334,000 for grants to combat violence against women, as authorized by part T of the 1968 Act, of which-- (A) $5,200,000 shall be for the National Institute of Justice for research and evaluation of violence against women; and (B) $10,000,000 shall be for the Office of Juvenile Justice and Delinquency Prevention for the Safe Start Program, as authorized by the Juvenile Justice and Delinquency Act of 1974; (5) $64,503,000 for grants to encourage arrest policies as authorized by part U of the 1968 Act; (6) $39,685,000 for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (7) $4,957,000 for training programs as authorized by section 40152 of the 1994 Act, and for related local demonstration projects; (8) $2,981,000 for grants to improve the stalking and domestic violence databases, as authorized by section 40602 of the 1994 Act; (9) $9,935,000 to reduce violent crimes against women on campus, as authorized by section 1108(a) of Public Law 106-386; (10) $39,740,000 for legal assistance for victims, as authorized by section 1201 of Public Law 106-386; (11) $4,968,000 for enhancing protection for older and disabled women from domestic violence and sexual assault as authorized by section 40802 of the 1994 Act; (12) $14,903,000 for the safe havens for children pilot program as authorized by section 1301 of Public Law 106-386; (13) $15,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or sexual assault as authorized by Public Law 108-21; and (14) $7,451,000 for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of Public Law 106-386. 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; [[Page 60]] 118 STAT. 60 (3) $2,500,000 for research, evaluation, training and technical assistance, as authorized by sections 251 and 252 of the Act; (4) $79,600,000 for demonstration projects as authorized by sections 261 and 262 of the Act; (5) $80,000,000 for delinquency prevention, as authorized by section 505 of the Act, of which-- (A) $10,000,000 shall be for the Tribal Youth program; (B) $20,000,000 shall be for a gang resistance education and training program to be coordinated with the Bureau of Alcohol, Tobacco, Firearms and Explosives; and (C) $25,000,000 shall be for grants of $360,000 to each State and $6,640,000 shall be available for discretionary grants to States, for programs and activities to enforce State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages by minors, prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance and training; (6) $5,000,000 for Project Childsafe; (7) $10,000,000 for the Secure Our Schools Act as authorized by Public Law 106-386; (8) $15,000,000 for Project Sentry to reduce youth gun violence, and gang and drug-related crime; (9) $13,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; and (10) $60,000,000 for the Juvenile Accountability Block Grants program as authorized by Public Law 107-273 and Guam shall be considered a State: Provided, That not more than 10 percent of each amount in this section may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized, and not more than 2 percent of each amount may be used for training and technical assistance. 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. NOTE: Abortion. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided, That should this prohibition be [[Page 61]] 118 STAT. 61 declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. Sec. 103. NOTE: Abortion. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. Sec. 104. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 103 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. Sec. 105. Notwithstanding any other provision of law, not to exceed $10,000,000 of the funds made available in this Act may be used to establish and publicize a program under which publicly advertised, extraordinary rewards may be paid, which shall not be subject to spending limitations contained in sections 3059 and 3072 of title 18, United States Code: Provided, That any reward of $100,000 or more, up to a maximum of $2,000,000, may not be made without the personal approval of the President or the Attorney General and such approval may not be delegated: Provided further, That rewards made pursuant to section 501 of Public Law 107-56 shall not be subject to this section. Sec. 106. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Sec. 107. Section 114 of Public Law 107-77 shall remain in effect during fiscal year 2004. Sec. 108. (a) NOTE: 28 USC 524 note. Hereafter, the Attorney General is authorized to transfer, under such terms and conditions as the Attorney General shall specify, forfeited real or personal property of limited or marginal value, as such value is determined by guidelines established by the Attorney General, to a State or local government agency, or its designated contractor or transferee, for use to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety programs. (b) Any transfer under the preceding proviso shall not create or confer any private right of action in any person against the United States, and shall be treated as a reprogramming under section 605 of this Act. Sec. 109. Authorities contained in the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273) shall remain in effect until the effective date of a subsequent Department of Justice appropriations authorization Act. Sec. 110. None of the funds appropriated or otherwise made available by this Act or any other Act to the Department of Justice shall be expended for the purpose of reimbursement or direct payments for the legal fees of an individual employed as an attorney in the Department of Justice for a matter in which the individual [[Page 62]] 118 STAT. 62 is the subject of a disciplinary recommendation for ethical misconduct by the Counsel for Professional Responsibility. Sec. 111. In addition to the amounts provided under ``Salaries and Expenses, United States Attorneys'', $15,000,000 shall be for Project Seahawk and shall remain available until expended. Sec. 112. (a)(1) NOTE: 25 USC 3651 note. None of the funds provided in this Act or hereafter may be used for courts or law enforcement officers for a tribe or village-- (A) in which fewer than 25 Native members live in the village year round; or (B) that is located within the boundaries of the Fairbanks North Star Borough, the Matanuska Susitna Borough, the Municipality of Anchorage, the Kenai Peninsula Borough, the City and Borough of Juneau, the Sitka Borough, or the Ketchikan Borough. (2)(A) NOTE: Establishment. Alaska. There is established an Alaska Rural Justice and Law Enforcement Commission (hereinafter ``Justice Commission''). The United States Attorney General shall appoint the Justice Commission which shall include a Federal Co- chairman, the Attorney General for the State of Alaska or his designee who shall act as the State Co-Chairman, the Commissioner of Public Safety for the State of Alaska, a representative from the Alaska Municipal League, a representative from an organized borough, a representative of the Alaska Federation of Natives, a tribal representative, a representative from a non-profit Native corporation that operates Village Public Safety Officer programs, and a representative from the Alaska Native Justice Center. The chief judge for the Federal District Court for the District of Alaska may also appoint a non-voting representative to provide technical support. The Justice Commission may hire such staff as is necessary to assist with its work. (B) The Justice Commission shall review Federal, State, local, and tribal jurisdiction over civil and criminal matters in Alaska but outside the Municipality of Anchorage, the Fairbanks North Star Borough, the Kenai Peninsula Borough, the Matanuska-Susitna Borough, the City and Borough of Juneau, the Sitka Borough, and the Ketchikan Borough. NOTE: Deadline. It shall make recommendations to Congress and the Alaska State Legislature no later than May 1, 2004, on options which shall include the following-- (i) create a unified law enforcement system, court system, and system of local laws or ordinances for Alaska Native villages and communities of varying sizes including the possibility of first, second, and third class villages with different powers; (ii) meet the law enforcement and judicial personnel needs in rural Alaska including the possible use of cross deputization in a way that maximizes the existing resources of Federal, State, local, and tribal governments; (iii) address the needs to regulate alcoholic beverages including the prohibition of the sale, importation, use, or possession of alcoholic beverages and to provide restorative justice for persons who violate such laws including treatment; and (iv) address the problem of domestic violence and child abuse including treatment options and restorative justice. (b)(1) The General Accounting Office shall immediately begin a review of Federal programs benefitting rural communities in Alaska including the name of each program and the department or agency that administers it, the amount of funds provided to [[Page 63]] 118 STAT. 63 Alaska through each program, a list of the statutes and regulations governing use of funds for each program, and any data demonstrating the performance of each program. With respect to housing programs, the study shall determine the number of houses built by each Native housing authority including the cost per house. The NOTE: Reports. Deadline. Office shall submit a report of its findings to the House and Senate Committees on Appropriations, and to the Alaska Federation of Natives no later than April 30, 2004. (2) The Alaska Federation of Natives, in consultation with the Alaska Municipal League, may review the delivery of Federal programs in Alaska and make recommendations to the Congress to reduce duplication, improve and consolidate delivery of services, streamline application and administrative procedures, improve accountability, mandate performance measures, and other actions to reduce costs and improve efficiency. (c) The Federal Advisory Committee Act shall not apply to this section. (d) Amend the Denali Commission Act (title III of Public Law 105- 277) by adding a new section as follows: ``Sec. 310. (a) NOTE: Establishment. 42 USC 3121 note. The Federal Co-chairman of the Denali Commission shall appoint an Economic Development Committee to be chaired by the president of the Alaska Federation of Natives which shall include the Commissioner of Community and Economic Affairs for the State of Alaska, a representative from the Alaska Bankers Association, the chairman of the Alaska Permanent Fund, a representative from the Alaska State Chamber of Commerce, and a representative from each region. Of the regional representatives, at least two each shall be from Native regional corporations, Native non- profit corporations, tribes, and borough governments. ``(b) The Economic Development Committee is authorized to consider and approve applications from Regional Advisory Committees for grants and loans to promote economic development and promote private sector investment to reduce poverty in economically distressed rural villages. The Economic Development Committee may make mini-grants to individual applicants and may issue loans under such terms and conditions as it determines. ``(c) NOTE: Establishment. The State Co-chairman of the Denali Commission shall appoint a Regional Advisory Committee for each region which may include representatives from local, borough, and tribal governments, the Alaska Native non-profit corporation operating in the region, local Chambers of Commerce, and representatives of the private sector. Each Regional Advisory Committee shall develop a regional economic development plan for consideration by the Economic Development Committee. ``(d) The Economic Development Committee, in consultation with the First Alaskans Institute, may develop rural development performance measures linking economic growth to poverty reduction to measure the success of its program which may include economic, educational, social, and cultural indicators. The performance measures will be tested in one region for 2 years and evaluated by the University of Alaska before being deployed statewide. Thereafter, performance in each region shall be evaluated using the performance measures, and the Economic Development Committee shall not fund projects which do not demonstrate success. ``(e) Within the amounts made available annually to the Denali Commission for training, the Commission may make a grant to the First Alaskans Foundation upon submittal of an acceptable [[Page 64]] 118 STAT. 64 work plan to assist Alaska Natives and other rural residents in acquiring the skills and training necessary to participate fully in private sector business and economic and development opportunities through fellowships, scholarships, internships, public service programs, and other leadership initiatives. ``(f) The Committee shall sponsor a statewide economic development summit in consultation with the World Bank to evaluate the best practices for economic development worldwide and how they can be incorporated into regional economic development plans. ``(g) There is authorized to be appropriated such sums as may be necessary to the following agencies which shall be transferred to the Denali Commission as a direct lump sum payment to implement this section-- ``(1) Department of Commerce, Economic Development Administration, ``(2) Department of Housing and Urban Development, ``(3) Department of the Interior, Bureau of Indian Affairs, ``(4) Department of Agriculture, Rural Development Administration, and ``(5) Small Business Administration.''. Sec. 113. For an additional amount for the ``Local Law Enforcement Block Grant'' program to be provided to the City of San Juan, Puerto Rico, $550,000. Sec. 114. Of the unobligated balances available to the Department of Justice from prior year appropriations with the exception of funds provided for counterterrorism activities, counterintelligence activities, white collar crime enforcement, organized crime enforcement, and drug enforcement, $100,000,000 NOTE: Deadline. Reports. are rescinded: Provided, That within 30 days after the date of the enactment of this section the Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the amount of each rescission made pursuant to this section. This title may be cited as the ``Department of Justice Appropriations Act, 2004''. TITLE II--DEPARTMENT NOTE: Department of Commerce and Related Agencies Appropriations Act, 2004. OF COMMERCE AND RELATED AGENCIES Trade and Infrastructure Development RELATED AGENCIES Office of the United States Trade Representative 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 [[Page 65]] 118 STAT. 65 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, NOTE: Establishment. That $46,669,000 shall be for Manufacturing and Services; $38,204,000 shall be for Market Access and Compliance; $68,160,000 shall be for the Import Administration of which $3,000,000 is to establish an Office of China Compliance; $217,040,000 shall be for the United States and Foreign Commercial Service of which $1,500,000 is for the Advocacy Center, $2,500,000 is for the Trade Information Center, and $2,100,000 is for a China and Middle East Business Center; and $25,050,000 shall be for Executive Direction and Administration: Provided further, That negotiations shall be conducted within the World Trade Organization to recognize the right of members to distribute monies collected from antidumping and countervailing duties: Provided further, NOTE: Applicability. That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities without regard to section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 [[Page 66]] 118 STAT. 66 U.S.C. 4912); and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities. Bureau of Industry and Security 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, NOTE: Applicability. That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments. Economic Development Administration 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. [[Page 67]] 118 STAT. 67 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 NOTE: Reports. statistics programs: Provided, That regarding engineering and design of a facility at the Suitland Federal Center, quarterly reports regarding the expenditure of funds and project planning, design and cost decisions shall be provided by the Bureau, in cooperation with the General Services Administration, to the Committees on Appropriations of the Senate and the House of Representatives: Provided further, That none of the funds provided in this or any other Act under the heading ``Bureau of the Census, Periodic Censuses and Programs'' shall be used to fund the construction and tenant build-out costs of a facility at the Suitland Federal Center. National Telecommunications and Information Administration Salaries and Expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), [[Page 68]] 118 STAT. 68 $14,604,000, to remain available until September 30, 2005: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, and operations, and related services and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended. 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. [[Page 69]] 118 STAT. 69 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, [[Page 70]] 118 STAT. 70 $179,175,000, to remain available until expended, of which $60,700,000 shall be expended for the award of new grants before September 30, 2004. 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 [[Page 71]] 118 STAT. 71 heading are available to alter the existing structure, organization, function, and funding of the National Marine Fisheries Service Southwest Region and Fisheries Science Center and Northwest Region and NOTE: 15 USC 1540 note. Fisheries Science Center: Provided further, That, hereafter, the Secretary of Commerce may enter into cooperative agreements with the Joint and Cooperative Institutes as designated by the Secretary to use the personnel, services, or facilities of such organizations for research, education, training, and outreach: Provided further, That of the amounts appropriated under this heading, $1,207,000 shall be transferred to and merged with funds appropriated under the heading, ``Salaries and Expenses, Marine Mammal Commission'', of which $500,000 shall remain available until September 30, 2005: Provided further, That none of the funds in this Act may be used for the National Oceanic and Atmospheric Administration to implement the Department of Commerce's E-Government initiatives. In addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as may be necessary. 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 [[Page 72]] 118 STAT. 72 further, That none of the funds made available under this heading may be used for direct loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery. Departmental Management 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. NOTE: 15 USC 313 note. Hereafter, none of the funds made available by this or any other Act for the National Oceanic and Atmospheric Administration may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve. Sec. 204. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, NOTE: Notification. That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this or any other Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act. Sec. 205. Any costs incurred by a department or agency funded under this title resulting from personnel actions taken in response [[Page 73]] 118 STAT. 73 to funding reductions included in this title or from actions taken for the care and protection of loan collateral or grant property shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Sec. 206. NOTE: 31 USC 501 note. Hereafter, the Secretary of Commerce may use the Commerce franchise fund for expenses and equipment necessary for the maintenance and operation of such administrative services as the Secretary determines may be performed more advantageously as central services, pursuant to section 403 of Public Law 103-356: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made for the purpose of providing capital shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance from funds available to the Department and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automated data processing software and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed 4 percent of the total annual income to such fund may be retained in the fund for fiscal year 2004 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment, and for the improvement and implementation of department financial management, automated data processing, and other support systems: Provided further, That such amounts retained in the fund for fiscal year 2004 and each fiscal year thereafter shall be available for obligation and expenditure only in accordance with NOTE: Deadline. section 605 of this Act: Provided further, That no later than 30 days after the end of each fiscal year, amounts in excess of this reserve limitation shall be deposited as miscellaneous receipts in the Treasury. Sec. 207. Notwithstanding any other provision of law, of the amounts made available elsewhere in this title to the ``National Institute of Standards and Technology, Construction of Research Facilities'', $14,000,000 is appropriated to fund a cooperative agreement with the Medical University of South Carolina, $5,000,000 is appropriated to the Thayer School of Engineering, of which $1,000,000 is for research relating to intelligent control of distributed systems, $2,000,000 is for a smart laser beam project, and $2,000,000 is for research relating to nanomagnetics, $500,000 is appropriated to the Institute for Information Infrastructure Protection at the Institute for Security and Technology Studies, $1,000,000 is appropriated for the Institute of Politics, and $500,000 is appropriated for the Coastal Conservation Center. Sec. 208. Of the amount available from the fund entitled ``Promote and Develop Fishery Products and Research Pertaining to [[Page 74]] 118 STAT. 74 American Fisheries'', $10,000,000 shall be provided to the Alaska Fisheries Marketing Board, $2,000,000 shall be available to the Gulf and South Atlantic Fisheries Foundation, $2,000,000 shall be available to the South Carolina Seafood Alliance, $1,500,000 shall be available to the Oregon Trawl Commission, and $1,500,000 shall be available to the Oregon State University Seafood Laboratory: Provided, That: (1) the Alaska Fisheries Marketing Board (hereinafter ``the Board'') shall be a nonprofit organization and not an agency or establishment of the United States; (2) the Secretary may appoint, assign, or otherwise designate as Executive Director an employee of the Department of Commerce, who may serve in an official capacity in such position, with or without reimbursement, and such appointment or assignment shall be without interruption or loss of civil service status or privilege; and (3) the Board may adopt bylaws consistent with the purposes of this section, and may undertake other acts necessary to carry out the provisions of this section. Sec. 209. (a) Notwithstanding the provisions of the Public Works and Economic Development Act as amended (42 U.S.C. 3121, et seq.) or any other provision of law, the Economic Development Administration shall approve the sale, transfer, or conveyance, without compensation to the agency, of any land on the former Charleston Naval Base, located north of Viaduct Road which was improved by EDA project numbers 04-49-04196, 04-49-04280, 04-49-04462, and 04-49-04461 and funds obligated but not yet disbursed in connection with EDA project number 04-49-04347 shall remain available until expended and, as of September 30, 2003, shall be exempt from the application of section 1552 of title 31, United States Code. (b) NOTE: Alabama. Alabama Real Estate Holdings, Inc. Notwithstanding any other provision of law, the Secretary of Commerce shall approve, without compensation to the Agency, a lease to be entered into by the City of Florence, Alabama, and Alabama Real Estate Holdings, Inc., containing such terms and conditions as the city of Florence determines appropriate, for use of the parcel of land (including improvements thereon) located in Florence, Alabama, that was improved using assistance from the Economic Development Administration under EDA project number 04-01-03963. Sec. 210. (a) NOTE: South Carolina. Memorandum. The Secretary of Commerce is authorized to operate a marine laboratory in South Carolina in accordance with a memorandum of agreement, including any future amendments, among the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the State of South Carolina, the Medical University of South Carolina, and the College of Charleston as a partnership for collaborative, interdisciplinary marine scientific research. (b) To carry out subsection (a), the agencies that are partners in the Laboratory may accept, apply for, use, and spend Federal, State, private and grant funds as necessary to further the mission of the Laboratory without regard to the source or of the period of availability of these funds and may apply for and hold patents, as well as share personnel, facilities, and property. Any funds collected or accepted by any partner may be used to offset all or portions of its costs, including overhead, without regard to 31 U.S.C. 143302(b); to reimburse other participating agencies for all or portions of their costs; and to fund research and facilities expansion. Funds for management and operation of the Laboratory may [[Page 75]] 118 STAT. 75 be used to sustain basic laboratory operations for all participating entities. The Secretary of Commerce is authorized to charge fees and enter into contracts, grants, cooperative agreements and other arrangements with Federal, State, private entities, and other entities, domestic and foreign, to further the mission of the Laboratory. Any funds collected from such fees or arrangements shall be used to support cooperative research, basic operations, and facilities enhancement at the Laboratory. Sec. 211. Extension of Guarantee Authority. (a) In General.--Section 101(k) of the Emergency Steel Loan Guarantee Act of 1999 (Public Law 106-51; 15 U.S.C. 1841 note) is amended by striking ``2003'' and inserting ``2005''. (b) Salaries and Expenses.--In addition to funds made available under section 101(j) of Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note), up to $2,000,000 in funds made available under section 101(f) of such Act may be used for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee Program. Sec. 212. In addition to amounts made available under the heading ``Procurement, Acquisition and Construction, National Oceanic and Atmospheric Administration'' $1,500,000 shall be available for the Western Carolina University, $1,000,000 shall be available for the South Florida Museum, $140,000 shall be available for the French and Indian War Foundation, $1,000,000 shall be available for the City of Chattanooga, Tennessee, $1,000,000 shall be available for the University of Mississippi, $1,000,000 shall be available for the City of Charlotte, North Carolina, and $489,000 shall be available for a public safety marine docking facility for Hampton, New Hampshire. Sec. 213. In addition to amounts appropriated or otherwise made available by this Act or any other Act, $500,000 shall be provided until expended for the Federal Credit Reform Act cost of a reduction loan under sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g), not to exceed $50,000,000 in principal, that-- (1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a term of not less than 30 years; (2) carries out a New England lobster fishing capacity reduction program which may include fewer than all management areas of the fishery; (3) permanently revokes all fishery licenses, fishery permits, area and species endorsements, and any other fishery privileges issued to a vessel or vessels (or to persons on the basis of their operation or ownership of that vessel or vessels) removed under the program; and (4) ensures that all vessels removed from the fishery under the program are made permanently ineligible to participate in any fishery worldwide, and that the owners of such vessels will operate only under the United States flag or such vessels shall be scrapped as a reduction vessel pursuant to section 600.1011(c) of title 50, Code of Federal Regulations. Sec. 214. In addition to amounts appropriated or otherwise made available by this Act or any other Act, $500,000 shall be provided until expended for the Federal Credit Reform Act cost of a reduction loan under sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g), not to exceed $50,000,000 in principal, that-- [[Page 76]] 118 STAT. 76 (1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a term of not less than 30 years; (2) carries out a Bering Sea and Aleutian Islands non- pollock groundfish capacity reduction program which may include fewer than all management areas of the fishery; (3) permanently revokes all fishery licenses, fishery permits, area and species endorsements, and any other fishery privileges issued to a vessel or vessels (or to persons on the basis of their operation or ownership of that vessel or vessels) removed under the program; and (4) ensures that all vessels removed from the fishery under the program are made permanently ineligible to participate in any fishery worldwide, and that the owners of such vessels will operate only under the United States flag or such vessels shall be scrapped as a reduction vessel pursuant to section 600.1011(c) of title 50, Code of Federal Regulations. Sec. 215. Of the unobligated balances available to the Department of Commerce from prior year appropriations with the exception of funds provided for coral reef activities, fisheries enforcement, the Ocean Health Initiative, land acquisition, and lab construction, $100,000,000 are rescinded: Provided, NOTE: Deadline. Reports. That within 30 days after the date of enactment of this section the Secretary of Commerce shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the amount of each rescission made pursuant to this section. This title may be cited as the ``Department of Commerce and Related Agencies Appropriations Act, 2004''. TITLE III--THE NOTE: Judiciary Appropriations Act, 2004. JUDICIARY Supreme Court of the United States 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. [[Page 77]] 118 STAT. 77 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. [[Page 78]] 118 STAT. 78 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. [[Page 79]] 118 STAT. 79 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 NOTE: Department of State and Related Agency Appropriations Act, 2004. 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), [[Page 80]] 118 STAT. 80 as authorized by section 801 of the United States Information and Educational Exchange Act of 1948; representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress; arms control, nonproliferation and disarmament activities as authorized; acquisition by exchange or purchase of passenger motor vehicles as authorized by law; and for expenses of general administration, $3,420,000,000: Provided, That not to exceed 69 permanent positions and $7,311,000 shall be expended for the Bureau of Legislative Affairs: Provided further, That, of the amount made available under this heading, not to exceed $4,000,000 may be transferred to, and merged with, funds in the ``Emergencies in the Diplomatic and Consular Service'' appropriations account, to be available only for emergency evacuations and terrorism rewards: Provided further, That, of the amount made available under this heading, $301,563,000 shall be available only for public diplomacy international NOTE: Establishment. information programs: Provided further, That of the amount made available under this heading, $3,000,000 shall be available only for the establishment and operations of an Office on Right-Sizing the United States Government Overseas Presence: Provided further, That funds available under this heading may be available for a United States Government interagency task force to examine, coordinate and oversee United States participation in the United Nations headquarters renovation project: Provided further, NOTE: China. Notification. That no funds may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China unless, at least 15 days in advance, the Committees on Appropriations of the House of Representatives and the Senate are notified of such proposed action. In addition, not to exceed $1,371,000 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act; in addition, as authorized by section 5 of such Act, $490,000, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section; in addition, as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $6,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and, in addition, not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities. In NOTE: Establishment. addition, for the costs of worldwide security upgrades, $646,701,000, to remain available until expended: Provided, That, of the amounts made available under this paragraph, $5,000,000 is for the State Department to establish the Center for Antiterrorism and Security Training. In addition, for the costs of worldwide OpenNet and classified connectivity infrastructure, $40,000,000, to remain available until expended. [[Page 81]] 118 STAT. 81 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. [[Page 82]] 118 STAT. 82 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 NOTE: 22 USC 269a note. expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions or specific Acts of Congress, $1,010,463,000: Provided, That the Secretary of State shall transmit to the Committees on Appropriations of the Senate and of the House of Representatives the most recent biennial budget prepared by the United Nations for the operations of the United Nations: Provided further, NOTE: Notification. 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, [[Page 83]] 118 STAT. 83 2005: Provided, That of the amount provided under this heading, $95,358,000 shall be derived from prior year unobligated balances from funds previously appropriated NOTE: Notification. under this heading: Provided further, That none of the funds made available under this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of voting for the new or expanded mission in the United Nations Security Council (or in an emergency as far in advance as is practicable): (1) the Committees on Appropriations of the House of Representatives and the Senate and other appropriate committees of the Congress are notified of the estimated cost and length of the mission, the vital national interest that will be served, and the planned exit strategy; and (2) a reprogramming of funds pursuant to section 605 of this Act is submitted, and the procedures therein followed, setting forth the source of funds that will be used to pay for the cost of the new or expanded mission: Provided further, NOTE: Certification. That funds shall be available for peacekeeping expenses only upon a certification by the Secretary of State to the appropriate committees of the Congress that American manufacturers and suppliers are being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers: Provided further, That none of the funds made available under this heading are available to pay the United States share of the cost of court monitoring that is part of any United Nations peacekeeping mission. International Commissions For NOTE: 22 USC 269a note. necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: international boundary and water commission, united states and mexico For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation; as follows: salaries and expenses For salaries and expenses, not otherwise provided for, $26,000,000. 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 [[Page 84]] 118 STAT. 84 by Public Law 103-182, $8,944,000, of which not to exceed $9,000 shall be available for representation expenses incurred by the International Joint Commission. 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 NOTE: Establishment. 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 [[Page 85]] 118 STAT. 85 Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2004, to remain available until expended. 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 [[Page 86]] 118 STAT. 86 and reception as authorized, $11,395,000, to remain available until expended, as authorized. General Provisions--Department of State and Related Agency Sec. 401. Funds appropriated under this title shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States Code; for services as authorized by 5 U.S.C. 3109; and for hire of passenger transportation pursuant to 31 U.S.C. 1343(b). Sec. 402. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Sec. 403. None of the funds made available in this Act may be used by the Department of State or the Broadcasting Board of Governors to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation. Sec. 404. NOTE: Citizenship. For the purposes of registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary of State shall, upon request of the citizen, record the place of birth as Israel. Sec. 405. Section 2502 of the Emergency Wartime Supplemental Appropriations Act, NOTE: 117 Stat. 595. 2003 (Public Law 108-11) is repealed. Sec. 406. An application for a visa shall be denied without prejudice under section 221(g) of the Immigration and Nationality Act (8 U.S.C. 1201(g)) if the application is delayed for a period of more than 60 days from the date of application due to administrative processing by any agency in making a determination of inadmissibility under section 212(a)(3) of that Act (8 U.S.C. 1182(a)(3)). Sec. 407. Funds appropriated by this Act for the Broadcasting Board of Governors and the Department of State may be obligated and expended notwithstanding section 15 of the State Department Basic Authorities Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). Sec. 408. (a) The Senior Policy Operating Group on Trafficking in Persons, established under section 406 of division B of Public Law 108-7 to coordinate agency activities regarding policies (including grants and grant policies) involving the international trafficking in persons, shall coordinate all such policies related to the activities of traffickers and victims of severe forms of trafficking. [[Page 87]] 118 STAT. 87 (b) None of the funds provided in this or any other Act shall be expended to perform functions that duplicate coordinating responsibilities of the Operating Group. (c) The Operating Group shall continue to report only to the authorities that appointed them pursuant to section 406 of division B of Public Law 108-7. Sec. 409. NOTE: Records. Deadline. The Secretary of State shall provide to a member of the Committee on Appropriations of the Senate or the Committee on Appropriations of the House of Representatives a copy of each cable sent to or by a Department of State employee that pertains to any topic specified by the requesting member, regardless of the level of classification of the cable, not later than 15 days after the date on which the member makes a written or verbal request for such copies. This title may be cited as the ``Department of State and Related Agency Appropriations Act, 2004''. TITLE V--RELATED AGENCIES Antitrust Modernization Commission 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. [[Page 88]] 118 STAT. 88 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 [[Page 89]] 118 STAT. 89 received in excess of $272,958,000 in fiscal year 2004 shall remain available until expended, but shall not be available for obligation until October 1, 2004: Provided further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $85,000,000 for fiscal year 2004. Federal Trade Commission 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 NOTE: Deadline. Telemarketers. Records. 1991 (12 U.S.C. 1831t note): Provided further, That, not later than 60 days after the date of enactment of this Act, the Federal Trade Commission shall amend the Telemarketing Sales Rule to require telemarketers subject to the Telemarketing Sales Rule to obtain from the Federal Trade Commission the list of telephone numbers on the ``do-not-call'' registry once a month. HELP Commission 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, [[Page 90]] 118 STAT. 90 $338,848,000, of which $317,471,000 is for basic field programs and required independent audits; $2,600,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $13,300,000 is for management and administration; $2,977,000 is for client self-help and information technology; and $2,500,000 is for grants to offset losses due to census adjustments. 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) [[Page 91]] 118 STAT. 91 any travel and transportation to or from such meetings; and (3) any other related lodging or subsistence: Provided, That fees and charges authorized by sections 6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this account as offsetting collections: Provided further, That not to exceed $691,500,000 of such offsetting collections shall be available until expended for necessary expenses of this account: Provided further, That $120,000,000 shall be derived from prior year unobligated balances from funds previously appropriated to the Securities and Exchange Commission: Provided further, That the total amount appropriated under this heading from the general fund for fiscal year 2004 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2004 appropriation from the general fund estimated at not more than $0. Small Business Administration 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 [[Page 92]] 118 STAT. 92 during fiscal year 2004 commitments to guarantee loans for debentures and participating securities under section 303(b) of the Small Business Investment Act of 1958, shall not exceed the levels established by section 20(i)(1)(C) of the Small Business Act. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $128,000,000, which may be transferred to and merged with the appropriations for Salaries and Expenses. 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. [[Page 93]] 118 STAT. 93 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. NOTE: Contracts. Public information. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 604. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. Sec. 605. (a) NOTE: Notifications. None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2004, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Appropriations Committees of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. (b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2004, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects (including construction projects), or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel [[Page 94]] 118 STAT. 94 which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Appropriations Committees of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. Sec. 606. None of the funds made available in this Act may be used for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside of the United States. Sec. 607. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 608. NOTE: Religious harassment. None of the funds made available in this Act may be used to implement, administer, or enforce any guidelines of the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal entity or official to which such funds are made available that such guidelines do not differ in any respect from the proposed guidelines published by the Commission on October 1, 1993 (58 Fed. Reg. 51266). Sec. 609. None of the funds appropriated or otherwise made available by this Act or any other Act may be used to implement, enforce, or otherwise abide by the Memorandum of Agreement signed by the Federal Trade Commission and the Antitrust Division of the Department of Justice on March 5, 2002. Sec. 610. NOTE: United Nations. None of the funds made available by this Act may be used for any United Nations undertaking when it is made known to the Federal official having authority to obligate or expend such funds that: (1) the United Nations undertaking is a peacekeeping mission; (2) such undertaking will involve United States Armed Forces under the command or operational control of a foreign national; and (3) the President's military advisors have not submitted to the President a recommendation that such involvement is in the national security interests of the United States and the President has not submitted to the Congress such a recommendation. Sec. 611. NOTE: Records. The Departments of Commerce, Justice, and State, the Judiciary and the Small Business Administration shall provide to the Committees on Appropriations of the Senate and of the House of Representatives a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency during any previous fiscal year. Sec. 612. (a) None of the funds appropriated or otherwise made available by this Act shall be expended for any purpose for which appropriations are prohibited by section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999. (b) NOTE: Applicability. The requirements in subparagraphs (A) and (B) of section 609 of that Act shall continue to apply during fiscal year 2004. Sec. 613. Any costs incurred by a department or agency funded under this Act resulting from personnel actions taken in response [[Page 95]] 118 STAT. 95 to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Sec. 614. Of the funds appropriated in this Act under the heading ``Office of Justice Programs--State and Local Law Enforcement Assistance'', not more than 90 percent of the amount to be awarded to an entity under the Local Law Enforcement Block Grant shall be made available to such an entity when it is made known to the Federal official having authority to obligate or expend such funds that the entity that employs a public safety officer (as such term is defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968) does not provide such a public safety officer who retires or is separated from service due to injury suffered as the direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or a hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as they received while on duty. Sec. 615. NOTE: Tobacco and tobacco products. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. Sec. 616. (a) None of the funds appropriated or otherwise made available by this Act shall be expended for any purpose for which appropriations are prohibited by section 616 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999. (b) NOTE: Applicability. The requirements in subsections (b) and (c) of section 616 of that Act shall continue to apply during fiscal year 2004. Sec. 617. (a) NOTE: Firearms. None of the funds appropriated pursuant to this Act or any other provision of law may be used for-- (1) the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code; and (2) any system to implement subsection 922(t) of title 18, United States Code, that does not require and result in the destruction of any identifying information submitted by or on behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24 hours after the system advises a Federal firearms licensee that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law. (b) NOTE: Effective date. Subsection (a)(2) shall take effect not later than 180 days after enactment of this Act. Sec. 618. NOTE: 42 USC 10601 note. Notwithstanding any other provision of law, amounts deposited or available in the Fund established under 42 U.S.C. [[Page 96]] 118 STAT. 96 10601 in any fiscal year in excess of $625,000,000 shall not be available for obligation until the following fiscal year. Sec. 619. NOTE: Discrimination. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. Sec. 620. None of the funds appropriated or otherwise made available to the Department of State shall be available for the purpose of granting either immigrant or nonimmigrant visas, or both, consistent with the determination of the Secretary of State under section 243(d) of the Immigration and Nationality Act, to citizens, subjects, nationals, or residents of countries that the Secretary of Homeland Security has determined deny or unreasonably delay accepting the return of citizens, subjects, nationals, or residents under that section. Sec. 621. For additional amounts under the heading ``Small Business Administration, Salaries and Expenses'', $1,592,000 shall be available for the Advanced and Applied Polymer Processing Institute; $500,000 shall be available for Northeast South Dakota Tech-Based Skills Development; $750,000 shall be available for the Southern Methodist University Law School Rule of Law; $1,000,000 shall be available for the Accelerated Entrepreneur ``AcE'' Program; $500,000 shall be available for the National Mass Fatalities Institute; $1,000,000 shall be available for the Textile Tracers Program; $500,000 shall be available for the Maryland Technology-Based Rural Business Incubation Initiative; $1,000,000 shall be available for the Northeast Indiana Innovation Center; $750,000 shall be available for the Lewis and Clark Bicentennial Bi-State Safety Project; $1,000,000 shall be available for the Greenville Automotive Research Park; $1,000,000 shall be available for the Indiana University Kokomo Business Incubator; $1,593,000 shall be available for the Tuck School of Business for its partnership with the Minority Business Development Administration; $500,000 shall be available for Project Restore; $325,000 shall be available for the School of the Building Arts Trade Program; $500,000 shall be available for the South Carolina Export Consortium; $500,000 shall be available for the Freewoods Farm Living Farm Museum in Horry County, South Carolina; $1,590,000 shall be available for the Alaska InvestNet/ Technology Venture Center and Tech Ranch in Montana; $1,000,000 shall be available for Youth and Family with Promises; $500,000 shall be available for the Wisconsin Procurement Institute; $1,000,000 shall be available for the Next Generation Economy Initiative; $1,000,000 shall be available for the Westside Intercept Project; $250,000 shall be available for the International Trade Data Network; $1,000,000 shall be available for the University of Missouri-St. Louis Information Technology Incubator Project; $750,000 shall be available for the Idaho Virtual Incubator/Lewis-Clark State College; $850,000 shall be available for the UNI Student Business Incubator; $1,500,000 shall be available for the promotion and operation of the grant to the Adelante Development Center, Inc., in Albuquerque, New Mexico; $250,000 shall be available for the Mississippi Delta Technology Council; $2,250,000 shall be available for a grant to the Virginia Community College System (VCCS) for improvement of distance learning programs; $175,000 shall be available for a grant to the Loudoun Convention and Visitors Association in Virginia; $100,000 shall [[Page 97]] 118 STAT. 97 be available for a grant to The Cedar Creek Battlefield Foundation; $100,000 shall be available for a grant to Belle Grove Plantation; $750,000 shall be available for a grant to Shenandoah University to develop a historical and tourism development facility; $1,000,000 shall be available for a grant to the Northern Virginia Technology Council for a technology entrepreneurship development and resource center; $100,000 shall be available for a grant to the Washington Airports Task Force to promote small business growth of passenger, cargo and other aviation services; $100,000 shall be available for a grant to Team Northeast Ohio; $500,000 shall be available for a grant to Wilberforce University for a technology initiative; $250,000 shall be available for a grant for REI Rural Business Resources Center in Seminole, Oklahoma; $1,100,000 shall be available for a grant to Iowa State University for the development of a research park biologics facility; $200,000 shall be available for a grant to the Clarion County Economic Development Corporation; $200,000 shall be available for a grant to the Venango Economic Development Corporation; $900,000 shall be available for a grant to the Illinois Institute of Technology to examine and assess advancements in biotechnologies; $1,000,000 shall be available for the Illinois Coalition for technology development assistance activities; $200,000 shall be available for a grant for the Port of Benton for the planning of a science and technology park in Richland, Washington; $1,500,000 shall be available for a grant to Rockford Area Ventures, Rockford, Illinois, to establish a small manufacturing business incubator and technology research and development center; $100,000 shall be available for a grant to Western Kentucky University for a business incubator; $200,000 shall be available for a grant for the Chicago Field Museum for a collections resource center; $100,000 shall be available for a grant for the Purdue University School of Pharmacy for the development of a national center for pharmaceutical technology; $100,000 shall be available for a grant to the Cedarbridge Development Urban Renewal Corporation for facilities development; $100,000 shall be available for a grant for Concourse Village in the Bronx, New York; $500,000 shall be available for a grant to Pro Co Technology Computer Training Center in the Bronx, New York, for a computer learning center; $200,000 shall be available for a grant for the Promesa Foundation in South Bronx, New York, to provide community growth funding; $560,000 shall be available for a grant to Bronx Shepherds for a community resource center; $200,000 shall be available for a grant to HOGAR, Inc., in the Bronx, New York; $100,000 shall be available for a grant to the Alliance for Community Services for economic development in the Bronx, New York; $300,000 shall be available for a grant to Promesa Enterprises to provide services and support to community based organizations in the Bronx, New York; $300,000 shall be available for a grant to Bronx Overall Economic Development Corporation for technical assistance opportunities for businesses; $250,000 shall be available for a grant to St. Mary's College for a telecommunications initiative; $1,200,000 shall be available for a grant to the MountainMade Foundation to fulfill its charter purposes and to continue the initiative developed by the NTTC for outreach and promotion, business and sites development, the education of artists and craftspeople, and to promote small businesses, artisans and their products through market development, advertisement, commercial sale and other promotional means; $1,000,000 shall be available for the [[Page 98]] 118 STAT. 98 Providence, Rhode Island Center for Women and Enterprise for infrastructure development; $1,200,000 shall be available for a grant for Northwest Shoals Community College to establish a Center for Business and Industry; $950,000 shall be available for a grant to the Family and Children's Service in Minneapolis, Minnesota for community support and development programs; $1,000,000 shall be available for a grant to the Wisconsin Procurement Institute to develop an electronic based system to provide access and opportunity to Federal funding; $200,000 shall be for a grant to the National Association of Development Organizations Research Foundation to provide training and education assistance to small business development finance professionals; $750,000 shall be for a grant to the North Carolina Rural Economic Development Center for expenses and activities in support of the Capital Access Program; $500,000 shall be for a grant for the Women's Initiative for Self Employment in San Francisco, California; $400,000 shall be for a grant to Johnstown Area Regional Industries in Pennsylvania for workforce development training programs and Small Business Technology Centers; $400,000 shall be for a grant to Seton Hill University for expenses in support of the Virtual Entrepreneurial Center; $200,000 shall be for a grant to the Economic Growth Connection Paperless Procurement Program; $200,000 shall be for a grant for the Ridgewood Myrtle Avenue Business Improvement District to conduct a redevelopment study; $400,000 shall be for a grant to Progress, Inc., to establish a Community Technology Center; $150,000 shall be for a grant for UPROSE for the ``Sunset Youth Industries'' project; $415,000 shall be available for a grant to the Southern and Eastern Kentucky Tourism Development Association for continuation of a regional tourism promotion initiative; and $300,000 shall be for the Arthur Avenue Retail Market in the Bronx, New York, for facility, improvement, and maintenance needs to meet the Market's business requirements: Provided, That section 625 of title I of division B of Public Law 108-7 is amended with respect to a NOTE: 117 Stat. 103. grant of: (1) $450,000 to the Bronx Council on the Arts by striking ``help promote stabilization of small arts organizations'' and inserting ``provide financial assistance to small arts organizations to help promote stabilization''; and (2) $500,000 to the City of Merrill, Wisconsin by striking all that follows after ``Wisconsin'' and inserting ``for the capitalization of a business development fund.''. Sec. 622. NOTE: Prisons and prisoners. None of the funds made available to the Department of Justice in this Act may be used for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. Sec. 623. (a) NOTE: Prisons and prisoners. None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, to rent or purchase videocassettes, videocassette recorders, or other audiovisual or electronic equipment used primarily for recreational purposes. (b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs. Sec. 624. NOTE: Government organization. A Deputy Assistant Administrator for non-contiguous States and territories shall, through the Senior Executive Service, [[Page 99]] 118 STAT. 99 administer Small Business Administration programs in Alaska, Hawaii, and the territories, including disaster loans to fishermen, programs benefitting Alaska Native Corporations and Native Hawaiians, including but not limited to section 8(a) and Historically Underutilized Business Zones, and all other programs serving Alaska Natives and Native Hawaiians. All disaster loans issued in Alaska shall be administered by the Small Business Administration and shall not be sold during fiscal year 2004. Sec. 625. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. Sec. 626. The Secretary of Commerce shall negotiate or reevaluate, with the consent of the President, international agreements affecting international ocean policy. Sec. 627. NOTE: Telecommuting. 5 USC 6120 note. The Departments of Commerce, Justice, State, the Judiciary, and the Small Business Administration shall each establish a policy under which eligible employees may participate in telecommuting to the maximum extent possible without diminished employee NOTE: Deadline. performance: Provided, That, not later than 6 months after the date of the enactment of this Act, each of the aforementioned entities shall provide that the requirements of this section are applied to 100 percent of the workforce: Provided further, That, of the funds appropriated in this Act for the Departments of Commerce, Justice, and State, the Judiciary, and the Small Business Administration, $200,000 shall be available to each Department or agency only to implement telecommuting NOTE: Deadline. Reports. programs: Provided further, That, every 6 months, each Department or agency shall provide a report to the Committees on Appropriations on the status of telecommuting programs, including the number of Federal employees eligible for, and participating in, such programs, and uses of funds designated under this NOTE: Establishment. section: Provided further, That each Department or agency shall designate a ``Telework Coordinator'' to be responsible for overseeing the implementation of telecommuting programs and serve as a point of contact on such programs for the Committees on Appropriations. Sec. 628. The paragraph under the heading ``Small Business Administration--Disaster Loans Program Account'' in chapter 2 of division B of Public Law 107-117 NOTE: 115 Stat. 2297. is amended by inserting ``or section 7(b) of the Small Business Act'' after ``September 11, 2001''. Sec. 629. The Telecommunications Act of 1996 NOTE: 47 USC 303 note. is amended as follows-- (1) in section 202(c)(1)(B) NOTE: 110 Stat. 110. by striking ``35 percent'' and inserting ``39 percent''; (2) in section 202(c) by adding the following new paragraphs at the end: ``(3) Divestiture.--A NOTE: Broadcasting. person or entity that exceeds the 39 percent national audience reach limitation for television stations in paragraph (1)(B) through grant, transfer, or assignment of an additional license for a commercial television broadcast station shall have not more than 2 years after exceeding such limitation to come into compliance with such limitation. This divestiture requirement shall not apply to persons or entities that exceed the 39 percent national audience reach limitation through population growth. [[Page 100]] 118 STAT. 100 ``(4) Forbearance.--Section 10 of the Communications Act of 1934 (47 U.S.C. 160) shall not apply to any person or entity that exceeds the 39 percent national audience reach limitation for television stations in paragraph (1)(B);''; and (3) in section 202(h) NOTE: 110 Stat. 110. by striking ``biennially'' and inserting ``quadrennially'' and by adding the following new flush sentence at the end: ``This subsection does not apply to any rules relating to the 39 percent national audience reach limitation in subsection (c)(1)(B).''. Sec. 630. (a) Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives are released without adequate disclaimers regarding the limitations of the data. (b) The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to draw broad conclusions about firearms-related crime: (1) Firearm traces are designed to assist law enforcement authorities in conducting investigations by tracking the sale and possession of specific firearms. Law enforcement agencies may request firearms traces for any reason, and those reasons are not necessarily reported to the Federal Government. Not all firearms used in crime are traced and not all firearms traced are used in crime. (2) Firearms selected for tracing are not chosen for purposes of determining which types, makes or models of firearms are used for illicit purposes. The firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally traced to the first retail seller, and sources reported for firearms traced do not necessarily represent the sources or methods by which firearms in general are acquired for use in crime. Sec. 631. Section 503(f) of the Small Business Investment Act of 1958 (15 U.S.C. 697(f)) shall be amended by substituting ``March 15, 2004'' for the last date that appears in the subsection. Sec. 632. In addition to amounts otherwise appropriated in this Act, the unobligated balances previously made available by section 507(g) of Public Law 105-135 shall be available until expended for the cost of general business loans under section 7(a) of the Small Business Act. Sec. 633. (a) NOTE: 22 USC 2078. There is established in the Treasury of the United States a trust fund to be known as the International Center for Middle Eastern-Western Dialogue Trust Fund. The income from the fund shall be used for operations of the International Center for Middle Eastern-Western Dialogue to promote dialogue and scholarship in the Middle East. The fund may accept contributions and gifts from public and private sources. (b) It shall be the duty of the Secretary of the Treasury to invest in full amounts made available to the fund. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The interest on, and the proceeds from the sale or redemption of, any obligations held in the fund shall be credited to and form a part of the fund and shall remain available without fiscal year limitation. (c) For each fiscal year, there is authorized to be appropriated from the fund for the operations of the International Center for [[Page 101]] 118 STAT. 101 Middle Eastern-Western Dialogue the total amount of the interest and earnings credited to the fund under subsection (b). (d) There are authorized to be appropriated to the International Center for Middle Eastern-Western Dialogue Trust Fund, without fiscal year limitation, such sums as may be necessary to carry out the provisions of this section and to provide for the permanent endowment for the International Center for Middle Eastern-Western Dialogue established under this section. (e) NOTE: Turkey. The United States, through the Department of State, shall retain ownership of the Palazzo Corpi building in Istanbul, Turkey, and the Secretary of State shall be responsible for maintaining the International Center for Middle Eastern-Western Dialogue at such location. (f) Section 1321(a) of title 31, United States Code, is amended by inserting after ``(58) Inmates' fund, workhouse and reformatory, District of Columbia.'' the following new paragraph: ``(59) International Center for Middle Eastern-Western Dialogue Trust Fund.''. Sec. 634. None of the funds appropriated or otherwise made available under this Act may be used to issue patents on claims directed to or encompassing a human organism. Sec. 635. None of the funds made available in this Act may be used to pay expenses for any United States delegation to the United Nations Human Rights Commission if such commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support for acts of international terrorism. Sec. 636. None of the funds made available in this Act may be used in violation of section 212(a)(10)(C) of the Immigration and Nationality Act. Sec. 637. (a) NOTE: HELP Commission Act. 22 USC 2394b. This section may be cited as the ``HELP Commission Act''. (b)(1) The Congress finds that, despite the long-standing efforts and resources of the United States dedicated to helping needy people around the world, despair remains and in many areas is growing. (2) Therefore, a commission should be established to bring together the best minds associated with development and humanitarian assistance to make a comprehensive review of-- (A) policy decisions, including why certain development projects are funded and others are not, successes, and best practices, including their applicability to other existing programs and projects; (B) delivery obstacles, including the roles of United States agencies and other governmental and nongovernmental organizations; (C) methodology, including whether the delivery of United States development assistance always represents best practices and whether it can be improved; and (D) results, including measuring improvements in human capacity instead of in purely economic terms. (3) An examination of these issues should present new approaches and ideas to ensure that United States development assistance reaches and benefits its intended recipients. [[Page 102]] 118 STAT. 102 (c)(1) NOTE: Establishment. There is established the Helping to Enhance the Livelihood of People (HELP) Around the Globe Commission (in this section referred to as the ``Commission''). (2) The Commission shall-- (A) identify the past and present objectives of United States development assistance, identify cases in which those objectives have been met, identify the beneficiaries of such assistance, and what percentage of the funds provided actually reached the intended beneficiaries; (B) identify cases in which United States development assistance has been most successful, and analyze how such successes may be transferable to other countries or areas; (C) study ways to expand educational opportunities and investments in people, and assess infrastructure needs; (D) analyze how the United States could place conditions on governments in countries receiving United States development assistance, in light of and notwithstanding the objectives of the Millennium Challenge Account; (E) analyze ways in which the United States can coordinate its development assistance programs with those of other donor countries and international organizations; (F) analyze ways in which the safety of development assistance workers can be ensured, particularly in the midst of conflicts; (G) compare the effectiveness of increased and open trade with development assistance, and analyze the advantages and disadvantages of such trade and whether such trade could be a more effective alternative to United States development assistance; (H) analyze ways in which the United States can strengthen the capacity of indigenous nongovernmental organizations to be more effective in grassroots development; (I) analyze ways in which decisions on providing development assistance can involve more of the people of the recipient countries; (J) analyze ways in which results can be measured if United States development assistance is targeted to the least developed countries; (K) recommend standards that should be set for ``graduating'' recipient countries from United States development assistance; (L) analyze whether United States development assistance should be used as a means to achieve United States foreign policy objectives; (M) analyze how the United States can evaluate the performance of its development assistance programs not only against economic indicators, but in other ways, including how to measure the success of United States development assistance in democratization efforts; and evaluate the existing foreign assistance framework to ascertain the degree of coordination, or lack thereof, of the disparate foreign development programs as administered by the various Federal agencies, to identify and assess the redundancies of programs and organizational structures engaged in foreign assistance, and to recommend revisions to authorizing legislation for foreign assistance that would seek to reconcile competing foreign policy and foreign aid goals; and [[Page 103]] 118 STAT. 103 (N) study any other areas that the Commission considers necessary relating to United States development assistance. (d)(1) The Commission shall be composed of 21 members as follows: (A) Six members shall be appointed by the President, of whom at least two shall be representatives of nongovernmental organizations. (B) Four members shall be appointed by the majority leader of the Senate, and three members shall be appointed by the minority leader of the Senate. (C) Four members shall be appointed by the Speaker of the House of Representatives, and three members shall be appointed by the minority leader of the House of Representatives. (D) The Administrator of the United States Agency for International Development shall serve as a member of the Commission, ex officio. (2) Members under subparagraphs (A) through (C) of paragraph (1) shall be appointed for the life of the Commission. (3) Members of the Commission shall be selected from among individuals noted for their knowledge and experience in foreign assistance, particularly development and humanitarian assistance. (4) NOTE: Deadline. The appointments under paragraph (1) shall be made not later than 60 days after the date of the enactment of this section. (5) NOTE: President. The President shall designate one of the members of the Commission not currently in Government service as the Chair of the Commission. (6) In order to facilitate the workload of the Commission, the Commission shall divide the membership of the Commission into three subcommittees representing the different regions of the world to which the United States provides development assistance, the membership of each subcommittee to be proportional to the percentage of United States development assistance provided to the region represented by the subcommittee. Each subcommittee shall elect one of its members as Chair of the subcommittee. (7)(A) Eleven members of the Commission shall constitute a quorum for purposes of transacting the business of the Commission. The Commission shall meet at the call of the Chair. (B) A majority of the members of each regional subcommittee shall constitute a quorum for purposes of transacting the business of the subcommittee. Each subcommittee shall meet at the call of the Chair of the subcommittee. (8) Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (9) The Administrator of General Services shall provide to the Commission on a reimbursable basis (or, in the discretion of the Administrator, on a nonreimbursable basis) such administrative support services as the Commission may request to carry out this section. (10)(A) Subject to subparagraph (B), members of the Commission shall serve without pay. (B) Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. [[Page 104]] 118 STAT. 104 (11) Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (12)(A) The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) To the extent or in the amounts provided in advance in appropriations Acts-- (i) the executive director shall be compensated at the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code; and (ii) the Chairman of the Commission may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (e)(1) The Commission may, for the purpose of carrying out its functions under this section, hold hearings, sit and act at times and places in the United States and in countries that receive United States development assistance, take testimony, and receive evidence as the Commission considers advisable to carry out the purposes of this section. (2) The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission, subject to applicable law. (3) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) The Commission may adopt such rules and regulations, relating to administrative procedure, as may be reasonably necessary to enable it to carry out the provisions of this section. (5) The Members of the Commission may, with the approval of the Commission, conduct such travel as is necessary to carry out the purposes of this section. Each trip must be approved by a majority of the Commission. (6) Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this section. The detail of any such personnel shall be without interruption or loss of civil service or Foreign Service status or privilege. (f)(1) NOTE: Deadline. Reports. Not later than 2 years after the members of the Commission are appointed under subsection (d)(1), the Commission shall [[Page 105]] 118 STAT. 105 submit a report to the President, the Secretary of State, the Committee on Appropriations and the Committee on International Relations of the House of Representatives, and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, setting forth its findings and recommendations under section (c)(2). (2) The report may be submitted in classified form, together with a public summary of recommendations, if the classification of information would further the purposes of this section. (3) Each member of the Commission may include the individual or dissenting views of the member. (g) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (h) In this section, the term ``United States development assistance'' means-- (1) assistance provided by the United States under chapters 1, 10, 11, and 12 of part I of the Foreign Assistance Act of 1961; and (2) assistance provided under any other provision of law to carry out purposes comparable to those set forth in the provisions referred to in paragraph (1). (i)(1) There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section. (2) Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended, but not later than the date of termination of the Commission. (j) NOTE: Termination. The Commission shall terminate 30 days after the submission of its report under subsection (f). (k)(1) NOTE: Deadlines. Reports. Not later than April 1, 2004, and April 1 of each third year thereafter, the President shall transmit to the Congress a report that analyzes, on a country-by-country basis, the impact and effectiveness of United States economic assistance furnished to each country during the preceding 3 fiscal years. The report shall include the following for each recipient country: (A) An analysis of the impact of United States economic assistance during the preceding 3 fiscal years on economic development in that country, with a discussion of the United States interests that were served by the assistance. The analysis shall be done on a sector-by-sector basis to the extent possible and shall identify any economic policy reforms that were promoted by the assistance. The analysis shall-- (i) include a description, quantified to the extent practicable, of the specific objectives the United States sought to achieve in providing economic assistance for that country; and (ii) specify the extent to which those objectives were not achieved, with an explanation of why they were not achieved. (B) A description of the amount and nature of economic assistance provided by other donors during the preceding 3 fiscal years, set forth by development sector to the extent possible. (C) A discussion of the commitment of the host government to addressing the country's needs in each development sector, including a description of the resources devoted by that government to each development sector during the preceding 3 fiscal years. [[Page 106]] 118 STAT. 106 (D) A description of the trends, both favorable and unfavorable, in each development sector. (E) Statistical and other information necessary to evaluate the impact and effectiveness of United States economic assistance on development in the country. (F) A comparison of the analysis provided in the report with relevant analyses by international financial institutions, other international organizations, other donor countries, or nongovernmental organizations. (2) The report required by this section shall identify-- (A) each country in which United States economic assistance has been most successful, as indicated by the extent to which the specific objectives the United States sought to achieve in providing the assistance for the country, as referred to in paragraph (1)(A)(i), were achieved; and (B) each country in which United States economic assistance has been least successful, as indicated by the extent to which the specific objectives the United States sought to achieve in providing the assistance for the country, as referred to in paragraph (1)(A)(i), were not achieved; and, for each such country, an explanation of why the assistance was not more successful and a specification of what the United States has done as a result. (3) Information under paragraphs (1) and (2) for a fiscal year shall not be required with respect to a country for which United States economic assistance for the country for the fiscal year is less than $5,000,000. (4) In this subsection, the term ``United States economic assistance'' means any bilateral economic assistance, from any budget functional category, that is provided by any department or agency of the United States to a foreign country, including such assistance that is intended-- (A) to assist the development and economic advancement of friendly foreign countries and peoples; (B) to promote the freedom, aspirations, or sustenance of friendly peoples under oppressive rule by unfriendly governments; (C) to promote international trade and foreign direct investment as a means of aiding economic growth; (D) to save lives and alleviate suffering of foreign peoples during or following wars, natural disasters, or complex crisies; (E) to assist in recovery and rehabilitation of countries or peoples following disaster or war; (F) to protect refugees and promote durable solutions to aid refugees; (G) to promote sound environmental practices; (H) to assist in development of democratic institutions and good governance by the people of foreign countries; (I) to promote peace and reconciliation or prevention of conflict; (J) to improve the technical capacities of governments to reduce production of and demand for illicit narcotics; and (K) to otherwise promote through bilateral foreign economic assistance the national objectives of the United States. Sec. 638. (a) There is hereby rescinded an amount equal to 0.465 percent of the budget authority provided for fiscal year 2004 for any discretionary account in this Act. [[Page 107]] 118 STAT. 107 (b) Any rescission made by subsection (a) shall be applied proportionately-- (1) to each discretionary account and each item of budget authority described in subsection (a); and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). TITLE VII--RESCISSIONS DEPARTMENT OF JUSTICE General Administration 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. [[Page 108]] 118 STAT. 108 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 NOTE: 16 USC 1862. thereof the following: ``(j) Bering Sea and Aleutian Islands Crab Rationalization.-- ``(1) NOTE: Deadline. By not later than January 1, 2005, the Secretary shall approve and hereafter implement by regulation the Voluntary Three-Pie Cooperative Program for crab fisheries of the Bering Sea and Aleutian Islands approved by the North Pacific Fishery Management Council between June 2002 and April 2003, and all trailing amendments including those reported to Congress on May 6, 2003. This section shall not preclude the Secretary from approving by January 1, 2005, and implementing any subsequent program amendments approved by the Council. ``(2) Notwithstanding any other provision of this Act, in carrying out paragraph (1) the Secretary shall approve all parts of the Program referred to in such paragraph. Further, no part of such Program may be implemented if, as approved by the North Pacific Fishery Management Council, individual fishing quotas, processing quotas, community development [[Page 109]] 118 STAT. 109 quota allocation, voluntary cooperatives, binding arbitration, regional landing and processing requirements, community protections, economic data collection, or the loan program for crab fishing vessel captains and crew members, is invalidated subject to a judicial determination not subject to judicial appeal. If the Secretary determines that a processor has leveraged its Individual Processor Quota shares to acquire a harvesters open-delivery ``B shares'', the processor's Individual Processor Quota shares shall be forfeited. ``(3) Subsequent to implementation pursuant to paragraph (1), the Council may submit and the Secretary may implement changes to or repeal of conservation and management measures, including measures authorized in this section, for crab fisheries of the Bering Sea and Aleutian Islands in accordance with applicable law, including this Act as amended by this subsection, to achieve on a continuing basis the purposes identified by the Council. ``(4) The loan program referred to in paragraph (2) shall be carried out pursuant to the authority of sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g). ``(5) For purposes of implementing this section $1,000,000 shall be made available each year until fully implemented from funds otherwise made available to the National Marine Fisheries Service for Alaska fisheries activities. ``(6) Nothing in this Act shall constitute a waiver, either express or implied, of the antitrust laws of the United States. The Secretary, in consultation with the Department of Justice and the Federal Trade Commission, shall develop and implement a mandatory information collection and review process to provide any and all information necessary for the Department of Justice and the Federal Trade Commission to determine whether any illegal acts of anti-competition, anti-trust, or price collusion have occurred among persons receiving individual processing quotas under the Program. The Secretary may revoke any individual processing quota held by any person found to have violated a provision of the antitrust laws of the United States. ``(7) An individual processing quota issued under the Program shall be considered a permit for the purposes of sections 307, 308, and 309, and may be revoked or limited at any time in accordance with this Act. Issuance of an individual processing quota under the program shall not confer any right of compensation to the holder of such individual processing quota if it is revoked or limited and shall not create, or be construed to create, any right, title, or interest in or to any fish before the fish is purchased from an individual fishing quota holder. ``(8) The restriction on the collection of economic data in section 303 shall not apply with respect to any fish processor who is eligible for, or who has received, individual processing quota under the Program. The restriction on the disclosure of information in section 402(b)(1) shall not apply when the information is used to determine eligibility for or compliance with an individual processing quota program. ``(9) NOTE: Applicability. The provisions of sections 308, 310, and 311 shall apply to the processing facilities and fish products of any person [[Page 110]] 118 STAT. 110 holding individual processing quota, and the provisions of subparagraphs (D), (E), and (L) of section 307(l) shall apply to any facility owned or controlled by a person holding individual processing quota.''. Sec. NOTE: 16 USC 1851 note. 802. Gulf of Alaska Rockfish Demonstration Program. The Secretary of Commerce, in consultation with the North Pacific Fishery Management Council, shall establish a pilot program that recognizes the historic participation of fishing vessels (1996 to 2002, best 5 of 7 years) and historic participation of fish processors (1996 to 2000, best 4 of 5 years) for pacific ocean perch, northern rockfish, and pelagic shelf rockfish harvested in Central Gulf of Alaska. Such a pilot program shall: (1) provide for a set-aside of up to 5 percent for the total allowable catch of such fisheries for catcher vessels not eligible to participate in the pilot program, which shall be delivered to shore-based fish processors not eligible to participate in the pilot program; and (2) establish catch limits for non-rockfish species and non-target rockfish species currently harvested with pacific ocean perch, northern rockfish, and pelagic shelf rockfish, which shall be based on historical harvesting of such bycatch species. The pilot program will sunset when a Gulf of Alaska Groundfish comprehensive rationalization plan is authorized by the Council and implemented by the Secretary, or 2 years from date of implementation, whichever is earlier. Sec. NOTE: 16 USC 1851 note. 803. Aleutian Islands Fisheries Development. (a) Aleutian Islands Pollock Allocation.-- Effective NOTE: Effective date. January 1, 2004 and thereafter, the directed pollock fishery in the Aleutian Islands Subarea [AI] of the BSAI (as defined in 50 CFR 679.2) shall be allocated to the Aleut Corporation (incorporated pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)). Except with the permission of the Aleut Corporation or its authorized agent, the fishing or processing of any part of such allocation shall be prohibited by section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857), subject to the penalties and sanctions under section 308 of such Act (16 U.S.C. 1858), and subject to the forfeiture of any fish harvested or processed. (b) Eligible Vessels.--Only vessels that are 60 feet or less in length overall and have a valid fishery endorsement, or vessels that are eligible to harvest pollock under section 208 of title II of division C of Public Law 105-277, shall be eligible to form partnerships with the Aleut Corporation (or its authorized agents) to harvest the allocation under subsection (a). During the years 2004 through 2008, up to 25 percent of such allocation may be harvested by vessels 60 feet or less in length overall. During the years 2009 through 2013, up to 50 percent of such allocation may be harvested by vessels 60 feet or less in length overall. After the year 2012, 50 percent of such allocation shall be harvested by vessels 60 feet or less in length overall, and 50 percent shall be harvested by vessels eligible under such section of Public Law 105-277. (c) Groundfish Optimum Yield Limitation.--The optimum yield for groundfish in the Bering Sea and Aleutian Islands Management Area shall not exceed 2 million metric tons. For the purposes of implementing subsections (a) and (b) without adversely affecting current fishery participants, the allocation under subsection (a) may be in addition to such optimum yield during the years 2004 through 2008 upon recommendation by the North Pacific Council [[Page 111]] 118 STAT. 111 and approval by the Secretary of Commerce (if consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)). (d) Management and Allocation.--For the purposes of this section, the North Pacific Fishery Management Council shall recommend and the Secretary shall approve an allocation under subsection (a) to the Aleut Corporation for the purposes of economic development in Adak, Alaska pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Sec. 804. A Council or the Secretary may not consider or establish any program to allocate or issue an individual processing quota or processor share in any fishery of the United States other than the crab fisheries of the Bering Sea and Aleutian Islands. This division may be cited as the ``Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004''. DIVISION C--DISTRICT NOTE: District of Columbia Appropriations Act, 2004. OF COLUMBIA APPROPRIATIONS ACT, 2004 An Act Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2004, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the District of Columbia and related agencies for the fiscal year ending September 30, 2004, and for other purposes, namely: TITLE I--FEDERAL FUNDS Federal Payment for Resident Tuition Support For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $17,000,000, to remain available until expended: Provided, That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education: Provided further, That the awarding of such funds may be prioritized on the basis of a resident's academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of [[Page 112]] 118 STAT. 112 Columbia Chief Financial Officer who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and Senate for these funds showing, by object class, the expenditures made and the purpose therefor: Provided further, That not more than 7 percent of the total amount appropriated for this program may be used for administrative expenses. Federal Payment for Emergency Planning and Security Costs in the District of Columbia For necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $11,000,000, to remain available until expended, to reimburse the District of Columbia for the costs of providing public safety at events related to the presence of the national capital in the District of Columbia and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions: Provided, That any amount provided under this heading shall be available only after notice of its proposed use has been transmitted by the President to Congress and such amount has been apportioned pursuant to chapter 15 of title 31, United States Code. Federal Payment to the District of Columbia Courts For salaries and expenses for the District of Columbia Courts, $167,765,000, to be allocated as follows: for the District of Columbia Court of Appeals, $8,775,000, of which not to exceed $1,500 is for official reception and representation expenses; for the District of Columbia Superior Court, $83,387,000, of which not to exceed $1,500 is for official reception and representation expenses; for the District of Columbia Court System, $40,006,000, of which not to exceed $1,500 is for official reception and representation expenses; and $35,597,000, to remain available until September 30, 2005, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital improvements shall be expended consistent with the General Services Administration master plan study and building evaluation report: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), said services to include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate: Provided further, That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and Senate, the District of Columbia Courts may reallocate not more than [[Page 113]] 118 STAT. 113 $1,000,000 of the funds provided under this heading among the items and entities funded under such heading. Defender Services in District of Columbia Courts For payments authorized under section 11-2604 and section 11-2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance and/or such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Code, and payments for counsel authorized under section 21-2060, D.C. Official Code (relating to representation provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $32,000,000, to remain available until expended: Provided, That the funds provided in this Act under the heading ``Federal Payment to the District of Columbia Courts'' (other than the $35,597,000 provided under such heading for capital improvements for District of Columbia courthouse facilities) may also be used for payments under this heading: Provided further, That in addition to the funds provided under this heading, the Joint Committee on Judicial Administration in the District of Columbia shall use funds provided in this Act under the heading ``Federal Payment to the District of Columbia Courts'' (other than the $35,597,000 provided under such heading for capital improvements for District of Columbia courthouse facilities), to make payments described under this heading for obligations incurred during any fiscal year: Provided further, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), said services to include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate. Federal Payment to the Court Services and Offender Supervision Agency for the District of Columbia (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 [[Page 114]] 118 STAT. 114 and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $105,814,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; of which $37,411,000 shall be available to the Pretrial Services Agency; and of which $25,210,000 shall be transferred to the Public Defender Service for the District of Columbia: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That notwithstanding chapter 12 of title 40, United States Code, the Director may acquire by purchase, lease, condemnation, or donation, and renovate as necessary, Building Number 17, 1900 Massachusetts Avenue, Southeast, Washington, District of Columbia to house or supervise offenders and defendants, with funds made available for this purpose in Public Law 107-96: Provided further, That the Director is authorized to accept and use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant programs, and equipment and vocational training services to educate and train offenders and defendants: Provided further, That the Director shall keep accurate and detailed records of the acceptance and use of any gift or donation under the previous proviso, and shall make such records available for audit and public inspection. Federal Payment to the District of Columbia Water and Sewer Authority For a Federal payment to the District of Columbia Water and Sewer Authority, $30,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment. Federal Payment for Hospital Bioterrorism Preparedness in the District of Columbia For a Federal payment to the District of Columbia Department of Health to support hospital bioterrorism preparedness in the District of Columbia, $7,500,000, of which $3,750,000 shall be for the Children's National Medical Center in the District of Columbia for the expansion of quarantine facilities and the establishment of a decontamination facility, and $3,750,000 shall be for the Washington Hospital Center for construction of containment facilities. Federal Payment for the Anacostia Waterfront Initiative For a Federal payment to the District of Columbia Department of Transportation, $5,000,000, to remain available until September 30, 2005, for design and construction of a continuous pedestrian and bicycle trail system from the Potomac River to the District's border with Maryland. [[Page 115]] 118 STAT. 115 Federal Payment to the Criminal Justice Coordinating Council For a Federal payment to the Criminal Justice Coordinating Council, $1,300,000, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia. Federal Payment for Capital Development in the District of Columbia For a Federal payment to the District of Columbia for capital development, $8,150,000, to remain available until expended, of which $150,000 shall be for renovations at Eastern Market and $8,000,000 shall be for the Unified Communications Center. Federal Payment for Public School Facilities For a Federal payment to the District of Columbia Public Schools, $4,500,000, of which $500,000 shall be for a window repair and reglazing program and $4,000,000 shall be for a playground repair and replacement program. Federal Payment for a Family Literacy Program For a Federal payment to the District of Columbia, $2,000,000 for a family literacy program to address the needs of literacy-challenged parents while endowing their children with an appreciation for literacy and strengthening familial ties: Provided, That the District of Columbia shall provide a 100 percent match with local funds as a condition of receiving this payment. Federal Payment for Transportation Assistance For a Federal payment to the District of Columbia Department of Transportation, $3,500,000, of which $500,000 shall be allocated to implement a downtown circulator transit system, and of which $3,000,000 shall be to offset a portion of the District of Columbia's allocated operating subsidy payment to the Washington Metropolitan Area Transit Authority. Federal Payment for Foster Care Improvements in the District of Columbia For a Federal payment to the District of Columbia for foster care improvements, $14,000,000: Provided, That $9,000,000 shall be for the Child and Family Services Agency, of which $2,000,000 shall be to establish an early intervention program to provide intensive and immediate services for foster children; of which $1,000,000 shall be to establish an emergency support fund to purchase items necessary to allow children to remain in the care of an approved and licensed family member; of which $3,000,000 shall be for a loan repayment program for social workers who meet certain agency-established requirements; of which $3,000,000 shall be to upgrade the agency's computer database to a web-based technology and to provide computer technology for social workers: Provided further, That $3,900,000 shall be for the Department of Mental Health to provide all court-ordered or agency-required mental health screenings, assessments and treatments [[Page 116]] 118 STAT. 116 for children under the supervision of the Child and Family Services Agency: Provided further, That the Director of the Department of Mental Health shall initiate court-ordered or agency-required mental health services within 3 days of notification that service is needed: Provided further, That the Director of the Department of Mental Health shall ensure that court-ordered or agency-required mental health assessments are completed within 15 days of the request and that all assessments be provided to the Court within 5 days of completion of the assessment: Provided further, That $1,100,000 shall be for the Washington Metropolitan Council of Governments, to develop a program in conjunction with the Foster and Adoptive Parents Advocacy Center, to provide respite care for and recruitment of foster parents: Provided further, That the Mayor shall submit a detailed expenditure plan for the use of funds provided under this heading within 15 days of enactment of this legislation to the Committees on Appropriations of the House of Representatives and Senate: Provided further, That the funds provided under this heading shall not be made available until 30 calendar days after the submission of a spending plan to the Committees on Appropriations of the House of Representatives and Senate: Provided further, That with the exception of funds provided for the Department of Mental Health and the Washington Metropolitan Council of Governments, no part of this appropriation may be used for contractual community-based services: Provided further, That the Comptroller General shall prepare and submit to the Committees on Appropriations of the House of Representatives and Senate an accounting of all obligations and expenditures of the funds provided under this heading: Provided further, That the Comptroller General shall initiate management reviews of the Child and Family Services Agency and the Department of Mental Health and shall submit a report to the Committees on Appropriations of the House of Representatives and Senate no later than 6 months after enactment of this Act. Federal Payment to the Office of the Chief Financial Officer of the District of Columbia For a Federal payment to the Office of the Chief Financial Officer of the District of Columbia, $32,350,000: Provided, That these funds shall be available for the projects and in the amounts specified in the statement of the managers on the conference report accompanying this Act: Provided further, That each entity that receives funding under this heading shall submit to the Office of the Chief Financial Officer of the District of Columbia and the Committees on Appropriations of the House of Representatives and Senate a report on the activities carried out with such funds no later than March 15, 2004. Federal Payment for Emergency Personnel Cross Training For a Federal payment to the Emergency Management Agency, $500,000 for activities related to the cross training of police officers, firefighters, emergency medical technicians, and other emergency personnel: Provided, That this funding shall not be obligated until the Agency submits a detailed cross training plan for the District's public safety workforce to the Committees on Appropriations of the House of Representatives and Senate. [[Page 117]] 118 STAT. 117 Federal Payment for School Improvement For a Federal payment for a School Improvement Program in the District of Columbia, $40,000,000, to be allocated as follows: for the District of Columbia Public Schools, $13,000,000 to improve public school education in the District of Columbia, as specified in the statement of the managers on the conference report accompanying this Act; for the State Education Office, $13,000,000 to expand quality charter schools in the District of Columbia, as specified in the statement of the managers on the conference report accompanying this Act; for the Secretary of the Department of Education, $14,000,000 to provide opportunity scholarships for students in the District of Columbia in accordance with title III of this Act, of which up to $1,000,000 may be used to administer and fund assessments for title III of this Act: Provided, That the District of Columbia Public Schools shall submit a plan for the use of funds provided under this heading for public school education to the Committees on Appropriations of the House of Representatives and Senate, and the Committee on Education and the Workforce and the Committee on Government Reform of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate: Provided further, That the funds provided under this heading for public school education shall not be made available until 30 calendar days after the submission of a spending plan by the District of Columbia Public Schools to the Committees on Appropriations of the House of Representatives and Senate. TITLE II--DISTRICT OF COLUMBIA FUNDS OPERATING EXPENSES Division of Expenses The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50a) and section 417 and section 436 of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2004 under this heading shall not exceed the lesser of the sum of the total revenues of the District of Columbia for such fiscal year or $6,326,138,000 (of which $3,832,734,000 shall be from local funds, $1,568,734,000 shall be from Federal grant funds, $910,904,000 shall be from other funds, and $13,766,000 shall be from private funds), in addition, $119,650,000 from funds previously appropriated in this Act as Federal payments: Provided further, That this amount may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act as amended by this Act: Provided further, That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief [[Page 118]] 118 STAT. 118 Financial Officer of the appropriations and funds made available to the District during fiscal year 2004, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. Governmental Direction and Support Governmental direction and support, $284,415,000 (including $206,825,000 from local funds, $57,440,000 from Federal grant funds, and $20,150,000 from other funds), in addition, $32,350,000 from funds previously appropriated in this Act under the heading ``Federal Payment to the Office of the Chief Financial Officer of the District of Columbia'', $11,000,000 from funds previously appropriated in this Act under the heading ``Federal Payment for Emergency Planning and Security Costs in the District of Columbia'', $2,000,000 from funds previously appropriated in this Act under the heading ``Federal Payment for a Family Literacy Program'', and $1,100,000 from funds previously appropriated in this Act under the heading ``Federal Payment for Foster Care Improvements in the District of Columbia'': Provided, That not to exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of the District of Columbia, $2,500 for the City Administrator, and $2,500 for the Office of the Chief Financial Officer shall be available from this appropriation for official reception and representation expenses: Provided further, That any program fees collected from the issuance of debt shall be available for the payment of expenses of the debt management program of the District of Columbia: Provided further, That no revenues from Federal sources shall be used to support the operations or activities of the Statehood Commission and Statehood Compact Commission: Provided further, That the District of Columbia shall identify the sources of funding for Admission to Statehood from its own locally generated revenues: Provided further, That notwithstanding any other provision of law, or Mayor's Order 86-45, issued March 18, 1986, the Office of the Chief Technology Officer's delegated small purchase authority shall be $500,000: Provided further, That the District of Columbia government may not require the Office of the Chief Technology Officer to submit to any other procurement review process, or to obtain the approval of or be restricted in any manner by any official or employee of the District of Columbia government, for purchases that do not exceed $500,000: Provided further, That not to exceed $25,000, to remain available until expended, of the funds in the District of Columbia Antitrust Fund established pursuant to section 820 of the District of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-308.20) is hereby made available for the use of the Office of the Corporation Counsel of the District of Columbia in accordance with the laws establishing this fund. Economic Development and Regulation Economic development and regulation, $276,647,000 (including $53,336,000 from local funds, $91,077,000 from Federal grant funds, $132,109,000 from other funds, and $125,000 from private funds), of which $15,000,000 collected by the District of Columbia in the form of BID tax revenue shall be paid to the respective BIDs pursuant to the Business Improvement Districts Act of 1996 (D.C. [[Page 119]] 118 STAT. 119 Law 11-134; D.C. Official Code, sec. 2-1215.01 et seq.), and the Business Improvement Districts Amendment Act of 1997 (D.C. Law 12-26; D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That such funds are available for acquiring services provided by the General Services Administration: Provided further, That Business Improvement Districts shall be exempt from taxes levied by the District of Columbia. Public Safety and Justice Public safety and justice, $745,958,000 (including $716,715,000 from local funds, $10,290,000 from Federal grant funds, $18,944,000 from other funds, and $9,000 from private funds), in addition, $1,300,000 from funds previously appropriated in this Act under the heading ``Federal Payment to the Criminal Justice Coordinating Council'' and $500,000 from funds previously appropriated in this Act under the heading ``Federal Payment for Emergency Personnel Cross Training'': Provided, That not to exceed $500,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further, That the Mayor shall reimburse the District of Columbia National Guard for expenses incurred in connection with services that are performed in emergencies by the National Guard in a militia status and are requested by the Mayor, in amounts that shall be jointly determined and certified as due and payable for these services by the Mayor and the Commanding General of the District of Columbia National Guard: Provided further, That such sums as may be necessary for reimbursement to the District of Columbia National Guard under the preceding proviso shall be available from this appropriation, and the availability of the sums shall be deemed as constituting payment in advance for emergency services involved. Public Education System (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 [[Page 120]] 118 STAT. 120 (D.C. Law 14-190; D.C. Official Code 4-204.51 et seq.)), in addition, $4,500,000 from funds previously appropriated in this Act under the heading ``Federal Payment for Public School Facilities'' and $13,000,000 from funds previously appropriated in this Act under the heading ``Federal Payment for School Improvement in the District of Columbia'' shall be available for District of Columbia Public Schools: Provided, That notwithstanding any other provision of law, rule, or regulation, the evaluation process and instruments for evaluating District of Columbia Public School employees shall be a non-negotiable item for collective bargaining purposes: Provided further, That this appropriation shall not be available to subsidize the education of any nonresident of the District of Columbia at any District of Columbia public elementary or secondary school during fiscal year 2004 unless the nonresident pays tuition to the District of Columbia at a rate that covers 100 percent of the costs incurred by the District of Columbia that are attributable to the education of the nonresident (as established by the Superintendent of the District of Columbia Public Schools): Provided further, That notwithstanding the amounts otherwise provided under this heading or any other provision of law, there shall be appropriated to the District of Columbia Public Schools on July 1, 2004, an amount equal to 10 percent of the total amount provided for the District of Columbia Public Schools in the proposed budget of the District of Columbia for fiscal year 2005 (as submitted to Congress), and the amount of such payment shall be chargeable against the final amount provided for the District of Columbia Public Schools under the District of Columbia Appropriations Act, 2005: Provided further, That not to exceed $2,500 for the Superintendent of Schools shall be available from this appropriation for official reception and representation expenses: Provided further, That the District of Columbia Public Schools shall submit to the Board of Education by January 1 and July 1 of each year a Schedule A showing all the current funded positions of the District of Columbia Public Schools, their compensation levels, and indicating whether the positions are encumbered: Provided further, That the Board of Education shall approve or disapprove each Schedule A within 30 days of its submission and provide the Council of the District of Columbia a copy of the Schedule A upon its approval. (2) State education office.--$38,752,000 (including $9,959,000 from local funds, $28,617,000 from Federal grant funds, and $176,000 from other funds), in addition, $17,000,000 from funds previously appropriated in this Act under the heading ``Federal Payment for Resident Tuition Support'' and $13,000,000 from funds previously appropriated in this Act under the heading ``Federal Payment for School Improvement in the District of Columbia'' shall be available for the State Education Office: Provided, That of the amounts provided to the State Education Office, $500,000 from local funds shall remain available until June 30, 2005 for an audit of the student enrollment of each District of Columbia Public School and of each District of Columbia public charter school. (3) District of columbia public charter schools.-- $137,531,000 from local funds shall be available for District of Columbia public charter schools: Provided, That there shall [[Page 121]] 118 STAT. 121 be quarterly disbursement of funds to the District of Columbia public charter schools, with the first payment to occur within 15 days of the beginning of the fiscal year: Provided further, That if the entirety of this allocation has not been provided as payments to any public charter schools currently in operation through the per pupil funding formula, the funds shall be available as follows: (A) the first $3,000,000 shall be deposited in the Credit Enhancement Revolving Fund established pursuant to section 603(e) of the Student Loan Marketing Association Reorganization Act of 1996 (Public Law 104-208; 110 Stat. 3009; 20 U.S.C. 1155(e)); and (B) the balance shall be for public education in accordance with section 2403(b)(2) of the District of Columbia School Reform Act of 1995 (D.C. Official Code, sec. 38-1804.03(b)(2)): Provided further, That of the amounts made available to District of Columbia public charter schools, $25,000 shall be made available to the Office of the Chief Financial Officer as authorized by section 2403(b)(6) of the District of Columbia School Reform Act of 1995 (D.C. Official Code, sec. 38-1804.03(b)(6)): Provided further, That $660,000 of this amount shall be available to the District of Columbia Public Charter School Board for administrative costs: Provided further, That notwithstanding the amounts otherwise provided under this heading or any other provision of law, there shall be appropriated to the District of Columbia public charter schools on July 1, 2004, an amount equal to 25 percent of the total amount provided for payments to public charter schools in the proposed budget of the District of Columbia for fiscal year 2005 (as submitted to Congress), and the amount of such payment shall be chargeable against the final amount provided for such payments under the District of Columbia Appropriations Act, 2005. (4) University of the district of columbia.--$80,660,000 (including $48,656,000 from local funds, $11,867,000 from Federal grant funds, $19,434,000 from other funds, and $703,000 from private funds) shall be available for the University of the District of Columbia: Provided, That this appropriation shall not be available to subsidize the education of nonresidents of the District of Columbia at the University of the District of Columbia, unless the Board of Trustees of the University of the District of Columbia adopts, for the fiscal year ending September 30, 2004, a tuition rate schedule that will establish the tuition rate for nonresident students at a level no lower than the nonresident tuition rate charged at comparable public institutions of higher education in the metropolitan area: Provided further, That notwithstanding the amounts otherwise provided under this heading or any other provision of law, there shall be appropriated to the University of the District of Columbia on July 1, 2004, an amount equal to 10 percent of the total amount provided for the University of the District of Columbia in the proposed budget of the District of Columbia for fiscal year 2005 (as submitted to Congress), and the amount of such payment shall be chargeable against the final amount provided for the University of the District of Columbia under the District of Columbia Appropriations Act, 2005: Provided further, That not to exceed $2,500 for the President of the University of the District of Columbia [[Page 122]] 118 STAT. 122 shall be available from this appropriation for official reception and representation expenses. (5) District of columbia public libraries.--$28,287,000 (including $26,750,000 from local funds, $1,000,000 from Federal grant funds, and $537,000 from other funds) shall be available for the District of Columbia Public Libraries: Provided, That not to exceed $2,000 for the Public Librarian shall be available from this appropriation for official reception and representation expenses. (6) Commission on the arts and humanities.--$2,476,000 (including $1,601,000 from local funds, $475,000 from Federal grant funds, and $400,000 from other funds) shall be available for the Commission on the Arts and Humanities. Human Support Services (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 [[Page 123]] 118 STAT. 123 (D.C. Law 13-252; D.C. Official Code, sec. 4-204.07): Provided further, That not less than $640,531 of this appropriation shall be available exclusively for the purpose of funding the Burial Assistance Program established by section 1802 of the Burial Assistance Program Reestablishment Act of 1999 (D.C. Law 13-38; D.C. Official Code, sec. 4- 1001). Public Works Public works, including rental of one passenger-carrying vehicle for use by the Mayor and three passenger-carrying vehicles for use by the Council of the District of Columbia and leasing of passenger-carrying vehicles, $327,046,000 (including $308,028,000 from local funds, $5,274,000 from Federal grant funds, and $13,744,000 from other funds), in addition, $3,500,000 from funds previously appropriated in this Act under the heading ``Federal Payment for Transportation Assistance'': Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business. Cash Reserve For the cumulative cash reserve established pursuant to section 202(j)(2) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (D.C. Official Code, sec. 47- 392.02(j)(2)), $50,000,000 from local funds. Emergency and Contingency Reserve Funds For the emergency reserve fund and the contingency reserve fund under section 450A of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50a), such amounts from local funds as are necessary to meet the balance requirements for such funds under such section. Repayment of Loans and Interest For payment of principal, interest, and certain fees directly resulting from borrowing by the District of Columbia to fund District of Columbia capital projects as authorized by sections 462, 475, and 490 of the District of Columbia Home Rule Act (D.C. Official Code, secs. 1- 204.62, 1-204.75, and 1-204.90), $311,504,000 from local funds: Provided, That for equipment leases, the Mayor may finance $14,300,000 of equipment cost, plus cost of issuance not to exceed 2 percent of the par amount being financed on a lease purchase basis with a maturity not to exceed 5 years. Payment of Interest on Short-Term Borrowing For payment of interest on short-term borrowing, $3,000,000 from local funds. Certificates of Participation For principal and interest payments on the District's Certificates of Participation, issued to finance the ground lease underlying the building located at One Judiciary Square, $4,911,000 from local funds. [[Page 124]] 118 STAT. 124 Settlements and Judgments For making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government, $22,522,000 from local funds: Provided, That this appropriation shall not be construed as modifying or affecting the provisions of section 103 of this Act. Wilson Building For expenses associated with the John A. Wilson building, $3,704,000 from local funds. Workforce Investments For workforce investments, $22,308,000 from local funds, to be transferred by the Mayor of the District of Columbia within the various appropriation headings in this Act for which employees are properly payable. Non-Departmental Agency To account for anticipated costs that cannot be allocated to specific agencies during the development of the proposed budget, $19,639,000 (including $11,455,000 from local funds and $8,184,000 from other funds) to be transferred by the Mayor of the District of Columbia within the various appropriations headings in this Act: Provided, That $11,455,000 from local funds shall be for anticipated costs associated with the No Child Left Behind Act. Pay-As-You-Go Capital For Pay-As-You-Go Capital funds in lieu of capital financing, $11,267,000 from local funds, to be transferred to the Capital Fund, subject to the Criteria for Spending Pay-as-You-Go Funding Amendment Act of 2003 (D.C. Act 15-106): Provided, That pursuant to this Act, there are authorized to be transferred from Pay-As-You-Go Capital funds to other headings of this Act, such sums as may be necessary to carry out the purposes of this Act. Tax Increment Financing Program For a Tax Increment Financing Program, $1,940,000 from local funds. Medicaid Disallowance For making refunds associated with disallowed Medicaid funding, an amount not to exceed $57,000,000 in local funds, to remain available until expended: Provided, That funds are derived from a transfer from the funds identified in the fiscal year 2002 comprehensive annual financial report as the District of Columbia's Grants Disallowance balance. [[Page 125]] 118 STAT. 125 ENTERPRISE AND OTHER FUNDS Water and Sewer Authority For operation of the Water and Sewer Authority, $259,095,000 from other funds, of which $18,692,000 shall be apportioned for repayment of loans and interest incurred for capital improvement projects and payable to the District's debt service fund. For construction projects, $229,807,000, to be distributed as follows: $99,449,000 for the Blue Plains Wastewater Treatment Plant, $16,739,000 for the sewer program, $72,047,000 for the combined sewer program, $5,993,000 for the stormwater program, $24,431,000 for the water program, and $11,148,000 for the capital equipment program; in addition, $30,000,000 from funds previously appropriated in this Act under the heading ``Federal Payment to the District of Columbia Water and Sewer Authority'': Provided, That the requirements and restrictions that are applicable to general fund capital improvement projects and set forth in this Act under the Capital Outlay appropriation account shall apply to projects approved under this appropriation account. Washington Aqueduct For operation of the Washington Aqueduct, $55,553,000 from other funds. Stormwater Permit Compliance Enterprise Fund For operation of the Stormwater Permit Compliance Enterprise Fund, $3,501,000 from other funds. Lottery and Charitable Games Enterprise Fund For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act, 1982, for the purpose of implementing the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia (D.C. Law 3-172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22- 1716 et seq.), $242,755,000 from other funds: Provided, That the District of Columbia shall identify the source of funding for this appropriation title from the District's own locally generated revenues: Provided further, That no revenues from Federal sources shall be used to support the operations or activities of the Lottery and Charitable Games Control Board. Sports and Entertainment Commission For the Sports and Entertainment Commission, $13,979,000 from local funds. District of Columbia Retirement Board For the District of Columbia Retirement Board, established pursuant to section 121 of the District of Columbia Retirement Reform Act of 1979 (D.C. Official Code, sec. 1-711), $13,895,000 from the earnings of the applicable retirement funds to pay legal, management, investment, and other fees and administrative expenses of the District of Columbia Retirement Board: Provided, That the District of Columbia Retirement Board shall provide to [[Page 126]] 118 STAT. 126 the Congress and to the Council of the District of Columbia a quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further, That the District of Columbia Retirement Board shall provide the Mayor, for transmittal to the Council of the District of Columbia, an itemized accounting of the planned use of appropriated funds in time for each annual budget submission and the actual use of such funds in time for each annual audited financial report. Washington Convention Center Enterprise Fund For the Washington Convention Center Enterprise Fund, $69,742,000 from other funds. National Capital Revitalization Corporation For the National Capital Revitalization Corporation, $7,849,000 from other funds. Capital Outlay (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 NOTE: DC School Choice Incentive Act of 2003. SCHOOL CHOICE INCENTIVE ACT OF 2003 SEC. 301. SHORT TITLE. This title may be cited as the ``DC School Choice Incentive Act of 2003''. SEC. 302. FINDINGS. The Congress finds the following: (1) Parents are best equipped to make decisions for their children, including the educational setting that will best serve the interests and educational needs of their child. (2) For many parents in the District of Columbia, public school choice provided for under the No Child Left Behind Act of 2001 as well as under other public school choice programs, is inadequate due to capacity constraints. Available [[Page 127]] 118 STAT. 127 educational alternatives to the public schools are insufficient and more educational options are needed. In particular, funds are needed to assist low-income parents to exercise choice among enhanced public opportunities and private educational environments, whether religious or nonreligious. Therefore, in keeping with the spirit of the No Child Left Behind Act of 2001, school choice options, in addition to those already available to parents in the District of Columbia (such as magnet and charter schools and open enrollment schools) should be made available to those parents. (3) In the most recent mathematics assessment on the National Assessment of Educational Progress (NAEP), administered in 2000, a lower percentage of 4th-grade students in the District of Columbia demonstrated proficiency than was the case for any State. Seventy-six percent of the District of Columbia fourth-graders scored at the ``below basic'' level and of the 8th-grade students in the District of Columbia, only 6 percent of the students tested at the proficient or advanced levels, and 77 percent were below basic. In the most recent NAEP reading assessment, in 1998, only 10 percent of the District of Columbia fourth-graders could read proficiently, while 72 percent were below basic. At the 8th-grade level, 12 percent were proficient or advanced and 56 percent were below basic. (4) A program enacted for the valid secular purpose of providing educational assistance to low-income children in a demonstrably failing public school system is constitutional under Zelman v. Simmons-Harris, 536 U.S. 639 (2002), if it is neutral with respect to religion and provides assistance to a broad class of citizens who direct government aid to religious and secular schools solely as a result of their genuine and independent private choices. (5) The Mayor of the District of Columbia, the Chairman of the Education Committee of the City Council of the District of Columbia, and the President of the District of Columbia Board of Education support this title. (6) This title provides additional money for the District of Columbia public schools and therefore money for scholarships is not being taken out of money that would otherwise go to the District of Columbia public schools. (7) This title creates a 5-year program tailored to the current needs and particular circumstances of low-income children in District of Columbia schools. This title does not establish parameters or requirements for other school choice programs. SEC. 303. PURPOSE. The purpose of this title is to provide low-income parents residing in the District of Columbia, particularly parents of students who attend elementary schools or secondary schools identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316), with expanded opportunities for enrolling their children in higher-performing schools in the District of Columbia. SEC. 304. GENERAL AUTHORITY. (a) Authority.--From funds appropriated to carry out this title, the Secretary shall award grants on a competitive basis to [[Page 128]] 118 STAT. 128 eligible entities with approved applications under section 305 to carry out activities to provide eligible students with expanded school choice opportunities. The Secretary may award a single grant or multiple grants, depending on the quality of applications submitted and the priorities of this title. (b) Duration of Grants.--The Secretary may make grants under this section for a period of not more than 5 years. (c) Memorandum of Understanding.--The Secretary and the Mayor of the District of Columbia shall enter into a memorandum of understanding, as described in the statement of the managers, regarding the design of, selection of eligible entities to receive grants under, and implementation of, a program assisted under this title. SEC. 305. APPLICATIONS. (a) In General.--In order to receive a grant under this title, an eligible entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents.--The Secretary may not approve the request of an eligible entity for a grant under this title unless the entity's application includes-- (1) a detailed description of-- (A) how the entity will address the priorities described in section 306; (B) how the entity will ensure that if more eligible students seek admission in the program than the program can accommodate, eligible students are selected for admission through a random selection process which gives weight to the priorities described in section 306; (C) how the entity will ensure that if more participating eligible students seek admission to a participating school than the school can accommodate, participating eligible students are selected for admission through a random selection process; (D) how the entity will notify parents of eligible students of the expanded choice opportunities and how the entity will ensure that parents receive sufficient information about their options to allow the parents to make informed decisions; (E) the activities that the entity will carry out to provide parents of eligible students with expanded choice opportunities through the awarding of scholarships under section 307(a); (F) how the entity will determine the amount that will be provided to parents for the tuition, fees, and transportation expenses, if any; (G) how the entity will seek out private elementary schools and secondary schools in the District of Columbia to participate in the program, and will ensure that participating schools will meet the applicable requirements of this title and provide the information needed for the entity to meet the reporting requirements of this title; (H) how the entity will ensure that participating schools are financially responsible and will use the funds received under this title effectively; [[Page 129]] 118 STAT. 129 (I) how the entity will address the renewal of scholarships to participating eligible students, including continued eligibility; and (J) how the entity will ensure that a majority of its voting board members or governing organization are residents of the District of Columbia; and (2) an assurance that the entity will comply with all requests regarding any evaluation carried out under section 309. SEC. 306. PRIORITIES. In awarding grants under this title, the Secretary shall give priority to applications from eligible entities who will most effectively-- (1) give priority to eligible students who, in the school year preceding the school year for which the eligible student is seeking a scholarship, attended an elementary school or secondary school identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316); (2) target resources to students and families that lack the financial resources to take advantage of available educational options; and (3) provide students and families with the widest range of educational options. SEC. 307. USE OF FUNDS. (a) Scholarships.-- (1) In general.--Subject to paragraphs (2) and (3), a grantee shall use the grant funds to provide eligible students with scholarships to pay the tuition, fees, and transportation expenses, if any, to enable them to attend the District of Columbia private elementary school or secondary school of their choice. Each grantee shall ensure that the amount of any tuition or fees charged by a school participating in the grantee's program under this title to an eligible student participating in the program does not exceed the amount of tuition or fees that the school customarily charges to students who do not participate in the program. (2) Payments to parents.--A grantee shall make scholarship payments under the program under this title to the parent of the eligible student participating in the program, in a manner which ensures that such payments will be used for the payment of tuition, fees, and transportation expenses (if any), in accordance with this title. (3) Amount of assistance.-- (A) Varying amounts permitted.--Subject to the other requirements of this section, a grantee may award scholarships in larger amounts to those eligible students with the greatest need. (B) Annual limit on amount.--The amount of assistance provided to any eligible student by a grantee under a program under this title may not exceed $7,500 for any academic year. (4) Continuation of scholarships.--Notwithstanding section 312(3)(B), an eligible entity receiving a grant under this title may award a scholarship, for the second or any [[Page 130]] 118 STAT. 130 succeeding year of an eligible student's participation in a program under this title, to a student who comes from a household whose income does not exceed 200 percent of the poverty line. (b) Administrative Expenses.--A grantee may use not more than 3 percent of the amount provided under the grant each year for the administrative expenses of carrying out its program under this title during the year, including-- (1) determining the eligibility of students to participate; (2) providing information about the program and the schools involved to parents of eligible students; (3) selecting students to receive scholarships; (4) determining the amount of scholarships and issuing the scholarships to eligible students; (5) compiling and maintaining financial and programmatic records; and (6) providing funds to assist parents in meeting expenses that might otherwise preclude the participation of their child in the program. SEC. 308. NONDISCRIMINATION. (a) In General.--An eligible entity or a school participating in any program under this title shall not discriminate against program participants or applicants on the basis of race, color, national origin, religion, or sex. (b) Applicability and Single Sex Schools, Classes, or Activities.-- (1) In general.--Notwithstanding any other provision of law, the prohibition of sex discrimination in subsection (a) shall not apply to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application of subsection (a) is inconsistent with the religious tenets or beliefs of the school. (2) Single sex schools, classes, or activities.-- Notwithstanding subsection (a) or any other provision of law, a parent may choose and a school may offer a single sex school, class, or activity. (3) Applicability.--For purposes of this title, the provisions of section 909 of the Education Amendments of 1972 (20 U.S.C. 1688) shall apply to this title as if section 909 of the Education Amendments of 1972 (20 U.S.C. 1688) were part of this title. (c) Children With Disabilities.--Nothing in this title may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act. (d) Religiously Affiliated Schools.-- (1) In general.--Notwithstanding any other provision of law, a school participating in any program under this title that is operated by, supervised by, controlled by, or connected to, a religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in such title. (2) Maintenance of purpose.--Notwithstanding any other provision of law, funds made available under this title to eligible students that are received by a participating school, as a result of their parents' choice, shall not, consistent with the first [[Page 131]] 118 STAT. 131 amendment of the United States Constitution, necessitate any change in the participating school's teaching mission, require any participating school to remove religious art, icons, scriptures, or other symbols, or preclude any participating school from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. (e) Rule of Construction.--A scholarship (or any other form of support provided to parents of eligible students) under this title shall be considered assistance to the student and shall not be considered assistance to the school that enrolls the eligible student. The amount of any scholarship (or other form of support provided to parents of an eligible student) under this title shall not be treated as income of the parents for purposes of Federal tax laws or for determining eligibility for any other Federal program. SEC. 309. EVALUATIONS. (a) In General.-- (1) Duties of the secretary and the mayor.--The Secretary and the Mayor of the District of Columbia shall jointly select an independent entity to evaluate annually the performance of students who received scholarships under the 5-year program under this title, and shall make the evaluations public in accordance with subsection (c). (2) Duties of the secretary.--The Secretary, through a grant, contract, or cooperative agreement, shall-- (A) ensure that the evaluation is conducted using the strongest possible research design for determining the effectiveness of the programs funded under this title that addresses the issues described in paragraph (4); and (B) disseminate information on the impact of the programs in increasing the student academic achievement of participating students, and on the impact of the programs on students and schools in the District of Columbia. (3) Duties of the independent entity.--The independent entity shall-- (A) measure the academic achievement of all participating eligible students; (B) use the same grade appropriate measurement every school year to assess participating eligible students as the measurement used by the District of Columbia Public Schools to assess District of Columbia Public School students in the first year of the program; and (C) work with the eligible entities to ensure that the parents of each student who applies for a scholarship under this title (regardless of whether the student receives the scholarship) and the parents of each student participating in the scholarship program under this title, agree that the student will participate in the measurements given annually by the independent entity for the period for which the student applied for or received the scholarship, respectively. (4) Issues to be evaluated.--The issues to be evaluated include the following: [[Page 132]] 118 STAT. 132 (A) A comparison of the academic achievement of participating eligible students in the measurements described in this section to the achievement of-- (i) students in the same grades in the District of Columbia public schools; and (ii) the eligible students in the same grades in the District of Columbia public schools who sought to participate in the scholarship program but were not selected. (B) The success of the programs in expanding choice options for parents. (C) The reasons parents choose for their children to participate in the programs. (D) A comparison of the retention rates, dropout rates, and (if appropriate) graduation and college admission rates, of students who participate in the programs funded under this title with the retention rates, dropout rates, and (if appropriate) graduation and college admission rates of students of similar backgrounds who do not participate in such programs. (E) The impact of the program on students, and public elementary schools and secondary schools, in the District of Columbia. (F) A comparison of the safety of the schools attended by students who participate in the programs and the schools attended by students who do not participate in the programs. (G) Such other issues as the Secretary considers appropriate for inclusion in the evaluation. (5) Prohibition.--Personally identifiable information regarding the results of the measurements used for the evaluations may not be disclosed, except to the parents of the student to whom the information relates. (b) Reports.--The NOTE: Deadlines. Secretary shall submit to the Committees on Appropriations, Education and the Workforce, and Government Reform of the House of Representatives and the Committees on Appropriations, Health, Education, Labor, and Pensions, and Governmental Affairs of the Senate-- (1) annual interim reports, not later than December 1 of each year for which a grant is made under this title, on the progress and preliminary results of the evaluation of the programs funded under this title; and (2) a final report, not later than 1 year after the final year for which a grant is made under this title, on the results of the evaluation of the programs funded under this title. (c) Public Availability.--All reports and underlying data gathered pursuant to this section shall be made available to the public upon request, in a timely manner following submission of the applicable report under subsection (b), except that personally identifiable information shall not be disclosed or made available to the public. (d) Limit on Amount Expended.--The amount expended by the Secretary to carry out this section for any fiscal year may not exceed 3 percent of the total amount appropriated to carry out this title for the fiscal year. [[Page 133]] 118 STAT. 133 SEC. 310. REPORTING REQUIREMENTS. (a) Activities Reports.--Each grantee receiving funds under this title during a year shall submit a report to the Secretary not later than July 30 of the following year regarding the activities carried out with the funds during the preceding year. (b) Achievement Reports.-- (1) In general.--In addition to the reports required under subsection (a), each grantee shall, not later than September 1 of the year during which the second academic year of the grantee's program is completed and each of the next 2 years thereafter, submit a report to the Secretary regarding the data collected in the previous 2 academic years concerning-- (A) the academic achievement of students participating in the program; (B) the graduation and college admission rates of students who participate in the program, where appropriate; and (C) parental satisfaction with the program. (2) Prohibiting disclosure of personal information.--No report under this subsection may contain any personally identifiable information. (c) Reports to Parent.-- (1) In general.--Each grantee shall ensure that each school participating in the grantee's program under this title during a year reports at least once during the year to the parents of each of the school's students who are participating in the program on-- (A) the student's academic achievement, as measured by a comparison with the aggregate academic achievement of other participating students at the student's school in the same grade or level, as appropriate, and the aggregate academic achievement of the student's peers at the student's school in the same grade or level, as appropriate; and (B) the safety of the school, including the incidence of school violence, student suspensions, and student expulsions. (2) Prohibiting disclosure of personal information.--No report under this subsection may contain any personally identifiable information, except as to the student who is the subject of the report to that student's parent. (d) Report to Congress.--The Secretary shall submit to the Committees on Appropriations, Education and the Workforce, and Government Reform of the House of Representatives and the Committees on Appropriations, Health, Education, Labor, and Pensions, and Governmental Affairs of the Senate an annual report on the findings of the reports submitted under subsections (a) and (b). SEC. 311. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS. (a) Requests for Data and Information.--Each school participating in a program funded under this title shall comply with all requests for data and information regarding evaluations conducted under section 309(a). (b) Rules of Conduct and Other School Policies.--A participating school, including those described in section 308(d), may require eligible students to abide by any rules of conduct [[Page 134]] 118 STAT. 134 and other requirements applicable to all other students at the school. SEC. 312. DEFINITIONS. As used in this title: (1) Elementary school.--The term ``elementary school'' means an institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under District of Columbia law. (2) Eligible entity.--The term ``eligible entity'' means any of the following: (A) An educational entity of the District of Columbia Government. (B) A nonprofit organization. (C) A consortium of nonprofit organizations. (3) Eligible student.--The term ``eligible student'' means a student who-- (A) is a resident of the District of Columbia; and (B) comes from a household whose income does not exceed 185 percent of the poverty line. (4) Parent.--The term ``parent'' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Poverty line.--The term ``poverty line'' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Secondary school.--The term ``secondary school'' means an institutional day or residential school, including a public secondary charter school, as determined under District of Columbia law, except that the term does not include any education beyond grade 12. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 313. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $14,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years. TITLE IV--GENERAL PROVISIONS Sec. 401. Whenever in this Act, an amount is specified within an appropriation for particular purposes or objects of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount that may be expended for said purpose or object rather than an amount set apart exclusively therefor. Sec. 402. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor: Provided, That in the case of the Council of the District of Columbia, funds may be expended with the authorization of the Chairman of the Council. Sec. 403. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government: Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of section [[Page 135]] 118 STAT. 135 11(c)(3) of title XII of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Official Code, sec. 47-1812.11(c)(3)). Sec. 404. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly to provided herein. Sec. 405. No funds appropriated in this Act for the District of Columbia government for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community or partisan political group during non-school hours. Sec. 406. None of the funds appropriated in this Act shall be made available to pay the salary of any employee of the District of Columbia government whose name, title, grade, and salary are not available for inspection by the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Council of the District of Columbia, or their duly authorized representative. Sec. 407. (a) Except as provided in subsection (b), no part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. (b) The District of Columbia may use local funds provided in this Act to carry out lobbying activities on any matter other than-- (1) the promotion or support of any boycott; or (2) statehood for the District of Columbia or voting representation in Congress for the District of Columbia. (c) Nothing in this section may be construed to prohibit any elected official from advocating with respect to any of the issues referred to in subsection (b). Sec. 408. (a) None of the funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2004, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which-- (1) creates new programs; (2) eliminates a program, project, or responsibility center; (3) establishes or changes allocations specifically denied, limited or increased under this Act; (4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted; (5) reestablishes any program or project previously deferred through reprogramming; (6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, [[Page 136]] 118 STAT. 136 unless the Committee on Appropriations of the House of Representatives and Senate are notified in writing 30 days in advance of the reprogramming. (b) None the local funds contained in this Act may be available for obligation or expenditure for an agency through a transfer of any local funds from one appropriation heading to another unless the Committees on Appropriations of the House of Representatives and Senate are notified in writing 30 days in advance of the transfer, except that in no event may the amount of any funds transferred exceed 4 percent of the local funds in the appropriations. Sec. 409. Consistent with the provisions of section 1301(a) of title 31, United States Code, appropriations under this Act shall be applied only to the objects for which the appropriations were made except as otherwise provided by law. Sec. 410. Notwithstanding any other provisions of law, the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-601.01 et seq.), enacted pursuant to section 422(3) of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall apply with respect to the compensation of District of Columbia employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5, United States Code. Sec. 411. NOTE: Deadline. No later than 30 days after the end of the first quarter of fiscal year 2004, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia and the Committees on Appropriations of the House of Representatives and Senate the new fiscal year 2004 revenue estimates as of the end of such quarter. These estimates shall be used in the budget request for fiscal year 2005. The officially revised estimates at midyear shall be used for the midyear report. Sec. 412. No sole source contract with the District of Columbia government or any agency thereof may be renewed or extended without opening that contract to the competitive bidding process as set forth in section 303 of the District of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that the District of Columbia government or any agency thereof may renew or extend sole source contracts for which competition is not feasible or practical, but only if the determination as to whether to invoke the competitive bidding process has been made in accordance with duly promulgated rules and procedures and has been reviewed and certified by the Chief Financial Officer of the District of Columbia. Sec. 413. (a) In the event a sequestration order is issued pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 after the amounts appropriated to the District of Columbia for the fiscal year involved have been paid to the District of Columbia, the Mayor of the District of Columbia shall pay to the Secretary of the Treasury, within 15 days after receipt of a request therefor from the Secretary of the Treasury, such amounts as are sequestered by the order: Provided, That the sequestration percentage specified in the order shall be applied proportionately to each of the Federal appropriation accounts in this Act that are not specifically exempted from sequestration by such Act. (b) For purposes of the Balanced Budget and Emergency Deficit Control Act of 1985, the term ``program, project, and activity'' shall [[Page 137]] 118 STAT. 137 be synonymous with and refer specifically to each account appropriating Federal funds in this Act, and any sequestration order shall be applied to each of the accounts rather than to the aggregate total of those accounts: Provided, That sequestration orders shall not be applied to any account that is specifically exempted from sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985. Sec. 414. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official Code, sec. 1-123). Sec. 415. NOTE: Abortions. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest. Sec. 416. None of the Federal funds made available in this Act may be used to implement or enforce the Health Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to otherwise implement or enforce any system of registration of unmarried, cohabiting couples, including but not limited to registration for the purpose of extending employment, health, or governmental benefits to such couples on the same basis that such benefits are extended to legally married couples. Sec. 417. (a) Notwithstanding any other provision of this Act, the Mayor, in consultation with the Chief Financial Officer of the District of Columbia may accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act. (b)(1) No such Federal, private, or other grant may be accepted, obligated, or expended pursuant to subsection (a) until-- (A) the Chief Financial Officer of the District of Columbia submits to the Council a report setting forth detailed information regarding such grant; and (B) the Council has reviewed and approved the acceptance, obligation, and expenditure of such grant. (2) For purposes of paragraph (1)(B), the Council shall be deemed to have reviewed and approved the acceptance, obligation, and expenditure of a grant if-- (A) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt of the report from the Chief Financial Officer under paragraph (1)(A); or (B) if such a notice of disapproval is filed within such deadline, the Council does not by resolution disapprove the acceptance, obligation, or expenditure of the grant within 30 calendar days of the initial receipt of the report from the Chief Financial Officer under paragraph (1)(A). (c) No amount may be obligated or expended from the general fund or other funds of the District of Columbia government in anticipation of the approval or receipt of a grant under subsection (b)(2) or in anticipation of the approval or receipt of a Federal, private, or other grant not subject to such subsection. (d) The Chief Financial Officer of the District of Columbia shall prepare a quarterly report setting forth detailed information regarding all Federal, private, and other grants subject to this [[Page 138]] 118 STAT. 138 section. Each such report shall be submitted to the Council of the District of Columbia and to the Committees on Appropriations of the House of Representatives and Senate not later than 15 days after the end of the quarter covered by the report. Sec. 418. (a) Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this paragraph, the term ``official duties'' does not include travel between the officer's or employee's residence and workplace, except in the case of-- (1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day; (3) the Mayor of the District of Columbia; and (4) the Chairman of the Council of the District of Columbia. (b) The Chief Financial Officer of the District of Columbia shall submit by March 1, 2004, an inventory, as of September 30, 2003, of all vehicles owned, leased or operated by the District of Columbia government. The inventory shall include, but not be limited to, the department to which the vehicle is assigned; the year and make of the vehicle; the acquisition date and cost; the general condition of the vehicle; annual operating and maintenance costs; current mileage; and whether the vehicle is allowed to be taken home by a District officer or employee and if so, the officer or employee's title and resident location. Sec. 419. None of the funds contained in this Act may be used for purposes of the annual independent audit of the District of Columbia government for fiscal year 2004 unless-- (1) the audit is conducted by the Inspector General of the District of Columbia, in coordination with the Chief Financial Officer of the District of Columbia, pursuant to section 208(a)(4) of the District of Columbia Procurement Practices Act of 1985 (D.C. Official Code, sec. 2-302.8); and (2) the audit includes as a basic financial statement a comparison of audited actual year-end results with the revenues submitted in the budget document for such year and the appropriations enacted into law for such year using the format, terminology, and classifications contained in the law making the appropriations for the year and its legislative history. Sec. 420. (a) None of the funds contained in this Act may be used by the District of Columbia Corporation Counsel or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia. (b) Nothing in this section bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. [[Page 139]] 118 STAT. 139 Sec. 421. (a) None of the funds contained in this Act may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. (b) Any individual or entity who receives any funds contained in this Act and who carries out any program described in subsection (a) shall account for all funds used for such program separately from any funds contained in this Act. Sec. 422. None of the funds contained in this Act may be used after the expiration of the 60-day period that begins on the date of the enactment of this Act to pay the salary of any chief financial officer of any office of the District of Columbia government (including any independent agency of the District of Columbia) who has not filed a certification with the Mayor and the Chief Financial Officer of the District of Columbia that the officer understands the duties and restrictions applicable to the officer and the officer's agency as a result of this Act (and the amendments made by this Act), including any duty to prepare a report requested either in the Act or in any of the reports accompanying the Act and the deadline by which each report must be submitted. The Chief Financial Officer of the District of Columbia shall provide to the Committees on Appropriations of the House of Representatives and Senate by the 10th day after the end of each quarter a summary list showing each report, the due date, and the date submitted to the committees. Sec. 423. (a) None of the funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative. (b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors of the District of Columbia on November 3, 1998, shall not take effect. Sec. 424. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a ``conscience clause'' which provides exceptions for religious beliefs and moral convictions. Sec. 425. NOTE: Reports. The Mayor of the District of Columbia shall submit to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate quarterly reports addressing-- (1) crime, including the homicide rate, implementation of community policing, the number of police officers on local beats, and the closing down of open-air drug markets; (2) access to substance and alcohol abuse treatment, including the number of treatment slots, the number of people served, the number of people on waiting lists, and the effectiveness of treatment programs; (3) management of parolees and pre-trial violent offenders, including the number of halfway houses escapes and steps taken to improve monitoring and supervision of halfway house residents to reduce the number of escapes to be provided in [[Page 140]] 118 STAT. 140 consultation with the Court Services and Offender Supervision Agency for the District of Columbia; (4) education, including access to special education services and student achievement to be provided in consultation with the District of Columbia Public Schools and the District of Columbia public charter schools; (5) improvement in basic District services, including rat control and abatement; (6) application for and management of Federal grants, including the number and type of grants for which the District was eligible but failed to apply and the number and type of grants awarded to the District but for which the District failed to spend the amounts received; and (7) indicators of child well-being. Sec. 426. NOTE: Deadline. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer of the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42), for all agencies of the District of Columbia government for fiscal year 2003 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures. Sec. 427. None of the funds contained in this Act may be used to issue, administer, or enforce any order by the District of Columbia Commission on Human Rights relating to docket numbers 93-030-(PA) and 93-031-(PA). Sec. 428. None of the Federal funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. Sec. 429. During fiscal year 2004 and any subsequent fiscal year, in addition to any other authority to pay claims and judgments, any department, agency, or instrumentality of the District government may use local funds to pay the settlement or judgment of a claim or lawsuit in an amount less than $10,000, in accordance with the Risk Management for Settlements and Judgments Amendment Act of 2000 (D.C. Law 13-172; D.C. Official Code, sec. 2-402). Sec. 430. Notwithstanding any other law, the District of Columbia Courts shall transfer to the general treasury of the District of Columbia all fines levied and collected by the Courts under section 10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall remain available until expended and shall be used by the Office of the Corporation Counsel for enforcement and prosecution of District traffic alcohol laws in accordance with section 10(b)(3) of the District of Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(3)). Sec. 431. During fiscal year 2004 and any subsequent fiscal year, any agency of the District government may transfer to the Office of Labor Relations and Collective Bargaining (OLRCB) such local funds as may be necessary to pay for representation by OLRCB [[Page 141]] 118 STAT. 141 in third-party cases, grievances, and dispute resolution, pursuant to an intra-District agreement with OLRCB. These amounts shall be available for use by OLRCB to reimburse the cost of providing the representation. Sec. 432. None of the funds contained in this Act may be made available to pay-- (1) the fees of an attorney who represents a party in an action or an attorney who defends an action, including an administrative proceeding, brought against the District of Columbia Public Schools under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for that action; or (2) the fees of an attorney or firm whom the Chief Financial Officer of the District of Columbia determines to have a pecuniary interest, either through an attorney, officer or employee of the firm, in any special education diagnostic services, schools, or other special education service providers. Sec. 433. The Chief Financial Officer of the District of Columbia shall require attorneys in special education cases brought under the Individuals with Disabilities Act (IDEA) in the District of Columbia to certify in writing that the attorney or representative rendered any and all services for which they receive awards, including those received under a settlement agreement or as part of an administrative proceeding, under the IDEA from the District of Columbia: Provided, That as part of the certification, the Chief Financial Officer of the District of Columbia shall require all attorneys in IDEA cases to disclose any financial, corporate, legal, memberships on boards of directors, or other relationships with any special education diagnostic services, schools, or other special education service providers to which the attorneys have referred any clients as part of this certification: Provided further, That the Chief Financial Officer shall prepare and submit quarterly reports to the Committees on Appropriations of the House of Representatives and Senate on the certification of and the amount paid by the government of the District of Columbia, including the District of Columbia Public Schools, to attorneys in cases brought under IDEA: Provided further, That the Inspector General of the District of Columbia may conduct investigations to determine the accuracy of the certifications. Sec. 434. Section 603(e)(3)(C)(iv) of the Student Loan Marketing Association Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(C)(iv)) is amended as follows-- (1) by inserting ``for a fiscal year'' after ``this subparagraph''; and (2) by inserting ``for the fiscal year'' before the period. Sec. 435. Chapter 3 of title 16, District of Columbia Code, is amended by inserting at the end the following new section: ``SEC. 16-316. APPOINTMENT AND COMPENSATION OF COUNSEL; GUARDIAN AD LITEM. ``(a) When a petition for adoption has been filed and there has been no termination or relinquishment of parental rights with respect to the proposed adoptee or consent to the proposed adoption by a parent or guardian whose consent is required under D.C. Code section 16-304, the Court may appoint an attorney to represent such parent or guardian in the adoption proceeding if the individual is financially unable to obtain adequate representation. [[Page 142]] 118 STAT. 142 ``(b) The Court may appoint a guardian ad litem who is an attorney to represent the child in an adoption proceeding. The guardian ad litem shall in general be charged with the representation of the child's best interest. ``(c) An attorney appointed pursuant to subsection (a) or (b) of this section shall be compensated in accordance with D.C. Code section 16-2326.01, except that compensation in the adoption case shall be subject to the limitation set forth in D.C. Code section 16- 2326.01(b)(2).''. The table of sections for chapter 3 of title 16, District of Columbia Code, is amended by inserting at the end the following new item: ``Sec. 16-316. Appointment and compensation of counsel; guardian ad litem.''. Sec. 436. The amount appropriated by this Act may be increased by no more than $15,000,000 from funds identified in the comprehensive annual financial report as the District's fiscal year 2003 unexpended general fund surplus. The District may obligate and expend these amounts only in accordance with the following conditions: (1) The Chief Financial Officer of the District of Columbia shall certify that the use of any such amounts is not anticipated to have a negative impact on the District's long- term financial, fiscal, and economic vitality. (2) The District of Columbia may only use these funds for the following expenditures-- (A) unanticipated one-time expenditures; (B) to avoid deficit spending; (C) debt reduction; (D) unanticipated program needs; or (E) to avoid revenue shortfalls. (3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each such obligation or expenditure. (4) The amounts may not be used to fund the agencies of the District of Columbia government under court ordered receivership. (5) The amounts may be obligated and expended only if approved by the Committees on Appropriations of the House of Representatives and Senate in advance of any obligation or expenditure. This division may be cited as the ``District of Columbia Appropriations Act, 2004''. [[Page 143]] 118 STAT. 143 DIVISION D--FOREIGN NOTE: Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004. OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2004 An Act Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2004, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, and for other purposes, namely: TITLE I--EXPORT AND INVESTMENT ASSISTANCE Export-Import Bank of the United States The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear- weapon state as defined in Article IX of the Treaty on the Non- Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this Act: Provided further, NOTE: 12 USC 635 note. 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, NOTE: 12 USC 635a note. That, notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) thereof shall remain in effect until October 1, 2004. [[Page 144]] 118 STAT. 144 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: [[Page 145]] 118 STAT. 145 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 [[Page 146]] 118 STAT. 146 made available for such costs may not be derived from amounts made available for contribution under this and preceding provisos: Provided further, That none of the funds made available in this Act nor any unobligated balances from prior appropriations may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided further, That none of the funds made available under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further, That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further, That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual's decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the Administrator of the United States Agency for International Development determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency: Provided further, That in awarding grants for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant's religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act authorizing or appropriating funds for foreign operations, export [[Page 147]] 118 STAT. 147 financing, and related programs, the term ``motivate'', as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That to the maximum extent feasible, taking into consideration cost, timely availability, and best health practices, funds appropriated in this Act or prior appropriations Acts that are made available for condom procurement shall be made available only for the procurement of condoms manufactured in the United States: Provided further, That information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use. 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: [[Page 148]] 118 STAT. 148 Provided further, That funds made available pursuant to the previous proviso shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated by this Act, $100,000,000 shall be made available for drinking water supply projects and related activities. 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 [[Page 149]] 118 STAT. 149 available only for micro and small enterprise programs, urban programs, and other programs which further the purposes of part I of the Act: Provided further, That such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That funds made available by this paragraph may be used for the cost of modifying any such guaranteed loans under this Act or prior Acts, and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations. In addition, for administrative expenses to carry out credit programs administered by the United States Agency for International Development, $8,000,000, which may be transferred to and merged with the appropriation for Operating Expenses of the United States Agency for International Development: Provided, That funds made available under this heading shall remain available until September 30, 2007. 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 [[Page 150]] 118 STAT. 150 to transfer funds appropriated to carry out chapter 1 of part I of such Act to ``Operating Expenses of the United States Agency for International Development'' in accordance with the provisions of those sections: Provided further, That during fiscal year 2004, the number of full-time equivalent positions for United States foreign service employees of the United States Agency for International Development for countries in the Latin America and Caribbean region shall not be reduced below the number for such employees for countries in that region as of September 30, 2003, except as provided through the regular notification procedures of the Committees on Appropriations. 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 [[Page 151]] 118 STAT. 151 of this Act: Provided further, That not less than $575,000,000 shall be available only for Egypt, which sum shall be provided on a grant basis, and of which sum cash transfer assistance shall be provided with the understanding that Egypt will undertake significant economic reforms which are additional to those which were undertaken in previous fiscal years, and of which not less than $200,000,000 shall be provided as Commodity Import Program assistance: Provided further, That in exercising the authority to provide cash transfer assistance for Israel, the President shall ensure that the level of such assistance does not cause an adverse impact on the total level of nonmilitary exports from the United States to such country and that Israel enters into a side letter agreement in an amount proportional to the fiscal year 1999 agreement: Provided further, That of the funds appropriated under this heading, not less than $250,000,000 should be made available only for assistance for Jordan: Provided further, That of the funds appropriated under this heading, up to $1,000,000 should be used to further legal reforms in the West Bank and Gaza, including judicial training on commercial disputes and ethics: Provided further, That funds appropriated under this heading shall be made available for administrative costs of the United States Agency for International Development to implement regional programs in Asia and the Near East, including the Middle East Partnership Initiative, in addition to amounts otherwise available for such purposes: Provided further, That $13,500,000 of the funds appropriated under this heading shall be made available for Cyprus to be used only for scholarships, administrative support of the scholarship program, bicommunal projects, and measures aimed at reunification of the island and designed to reduce tensions and promote peace and cooperation between the two communities on Cyprus: Provided further, That $35,000,000 of the funds appropriated under this heading shall be made available for assistance for Lebanon, of which not less than $4,000,000 should be made available for American educational institutions for scholarships and other programs: Provided further, That notwithstanding section 534(a) of this Act, funds appropriated under this heading that are made available for assistance for the Central Government of Lebanon shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, not less than $22,500,000 shall be made available for assistance for the Democratic Republic of Timor-Leste, of which up to $1,000,000 may be available for administrative expenses of the United States Agency for International Development: Provided further, That of the funds appropriated under this heading, not less than $1,500,000 should be made available for technical assistance for countries to implement and enforce the Kimberley Process Certification Scheme: Provided further, That funds appropriated under this heading should be made available to support the development of justice and reconciliation mechanisms in the Democratic Republic of the Congo, Rwanda, Burundi, and Uganda, including programs to improve local capacity to prevent and respond to gender-based violence: Provided further, That funds appropriated under this heading may be used, notwithstanding any other provision of law, to provide assistance to the National Democratic Alliance of Sudan to strengthen its ability to protect civilians from attacks, slave raids, and aerial bombardment by the Sudanese Government forces and its militia allies, and the provision of such [[Page 152]] 118 STAT. 152 funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That in the previous proviso, the term ``assistance'' includes non-lethal, non-food aid such as blankets, medicine, fuel, mobile clinics, water drilling equipment, communications equipment to notify civilians of aerial bombardment, non- military vehicles, tents, and shoes: Provided further, That of the funds appropriated under this heading, not less than $1,750,000 should be made available for East Asia and Pacific Environment Initiatives: Provided further, That of the funds appropriated under this heading, $5,000,000 shall be made available to continue to support the provision of wheelchairs for needy persons in developing countries: Provided further, That funds appropriated under this heading that are made available for a Middle East Financing Facility, Middle East Enterprise Fund, or any other similar entity in the Middle East shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That with respect to funds appropriated under this heading in this Act or prior Acts making appropriations for foreign operations, export financing, and related programs, the responsibility for policy decisions and justifications for the use of such funds, including whether there will be a program for a country that uses those funds and the amount of each such program, shall be the responsibility of the Secretary of State and the Deputy Secretary of State and this responsibility shall not be delegated: Provided further, That of the funds appropriated in Public Law 108-106 under the heading ``Iraq Relief and Reconstruction Fund'', up to $100,000,000 may be transferred to and consolidated with funds appropriated by this Act under this heading and made available for Turkey, and up to $30,000,000 may be transferred to and consolidated with funds appropriated by this Act under this heading and made available for the Middle East Partnership Initiative: Provided further, That funds appropriated under this heading shall be made available for programs and countries in the amounts contained in the table accompanying the joint explanatory statement of the managers accompanying this Act: Provided further, That any proposed increases or decreases to the amounts contained in such table shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961 and notifications shall be transmitted at least 15 days in advance of the obligation of funds. 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 [[Page 153]] 118 STAT. 153 control of, and research on, HIV/AIDS, $491,000,000, to remain available until expended: Provided, That of the funds appropriated under this heading, $15,000,000 may be apportioned directly to the Peace Corps to remain available until expended for necessary expenses to carry out activities to combat HIV/AIDS, tuberculosis and malaria: Provided further, That of the funds appropriated under this heading, not more than $8,000,000 may be made available for administrative expenses of the office of the ``Coordinator of United States Government Activities to Combat HIV/AIDS Globally'' of the Department of State: Provided further, That in carrying out the duties specified in section 1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act of 1956, the Coordinator shall ensure that assistance is provided for activities in not fewer than 15 countries, at least one of which shall not be in Africa or the Caribbean region: Provided further, That of the funds appropriated under this heading, up to $75,000,000 should be made available for the safe and appropriate use of injections and other forms of infection control and prevention, and for blood safety programs. 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, [[Page 154]] 118 STAT. 154 and local currencies generated by such funds (including the conversion of funds appropriated under this heading into currency used by Bosnia and Herzegovina as local currency and local currency returned or repaid under such program) the Administrator of the United States Agency for International Development shall provide written approval for grants and loans prior to the obligation and expenditure of funds for such purposes, and prior to the use of funds that have been returned or repaid to any lending facility or grantee. (d) The provisions of section 529 of this Act shall apply to funds made available under subsection (c) and to funds appropriated under this heading: Provided, That notwithstanding any provision of this or any other Act, including provisions in this subsection regarding the application of section 529 of this Act, local currencies generated by, or converted from, funds appropriated by this Act and by previous appropriations Acts and made available for the economic revitalization program in Bosnia may be used in Eastern Europe and the Baltic States to carry out the provisions of the Foreign Assistance Act of 1961 and the Support for East European Democracy (SEED) Act of 1989. (e) The President is authorized to withhold funds appropriated under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies to the Committees on Appropriations that the Federation of Bosnia and Herzegovina has not complied with article III of annex 1-A of the General Framework Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal of foreign forces, and that intelligence cooperation on training, investigations, and related activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated. 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 [[Page 155]] 118 STAT. 155 Sakharov Archives: Provided further, That, notwithstanding any other provision of law, funds appropriated under this heading in this Act or prior Acts making appropriations for foreign operations, export financing, and related programs, that are made available pursuant to the provisions of section 807 of Public Law 102-511 shall be subject to a 6 percent ceiling on administrative expenses. (b) Of the funds appropriated under this heading that are made available for assistance for Ukraine, not less than $19,000,000 should be made available for nuclear reactor safety initiatives, and not less than $1,500,000 shall be made available for coal mine safety programs. (c) Of the funds appropriated under this heading, not less than $94,000,000 shall be made available for assistance for Russia. (d) Of the funds appropriated under this heading, not less than $75,000,000 shall be made available for assistance for Armenia. (e) Of the funds appropriated under this heading, not less than $57,000,000 should be made available, in addition to funds otherwise available for such purposes, for assistance for child survival, environmental and reproductive health, and to combat HIV/AIDS, tuberculosis and other infectious diseases, and for related activities. (f)(1) Of the funds appropriated under this heading that are allocated for assistance for the Government of the Russian Federation, 60 percent shall be withheld from obligation until the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation-- (A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability; and (B) is providing full access to international non-government organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya. (2) Paragraph (1) shall not apply to-- (A) assistance to combat infectious diseases, child survival activities, or assistance for victims of trafficking in persons; and (B) activities authorized under title V (Nonproliferation and Disarmament Programs and Activities) of the FREEDOM Support Act. (g) Section 907 of the FREEDOM Support Act shall not apply to-- (1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of Public Law 104-201 or non-proliferation assistance; (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421); (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.); [[Page 156]] 118 STAT. 156 (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 NOTE: 22 USC 2506 note. 2004 and any subsequent fiscal year, the Director of the Peace Corps may make appointments or assignments, or extend current appointments or assignments, to permit United States citizens to serve for periods in excess of 5 years in the case of individuals whose appointment or assignment, such as regional safety security officers and employees within the Office of the Inspector General, involves the safety of Peace Corps volunteers: Provided further, That the Director of the Peace Corps may make such appointments or assignments notwithstanding the provisions of section 7 of the Peace Corps Act limiting the length of an appointment or assignment, the circumstances under which such an appointment or assignment may exceed 5 years, and the percentage of appointments or assignments that can be made in excess of 5 years. millennium challenge corporation For necessary expenses for the ``Millennium Challenge Account'', $650,000,000, to remain available until expended: Provided, That of the funds appropriated under this heading, not [[Page 157]] 118 STAT. 157 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 NOTE: Deadline. 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 [[Page 158]] 118 STAT. 158 Act may be made available to support a Peruvian air interdiction program until the Secretary of State and Director of Central Intelligence certify to the Congress, 30 days before any resumption of United States involvement in a Peruvian air interdiction program, that an air interdiction program that permits the ability of the Peruvian Air Force to shoot down aircraft will include enhanced safeguards and procedures to prevent the occurrence of any incident similar to the April 20, 2001 incident: Provided further, That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That of the funds appropriated under this heading, not less than $257,000,000 shall be made available for alternative development/institution building, of which $229,200,000 shall be apportioned directly to the United States Agency for International Development: Provided further, That of the funds appropriated under this heading, not less than $25,000,000 should be made available for justice and rule of law programs in Colombia: Provided further, That of the funds appropriated under this heading, in addition to funds made available pursuant to the previous proviso, not less than $13,000,000 should be made available for organizations and programs to protect human rights: Provided further, That not more than 20 percent of the funds appropriated by this Act that are used for the procurement of chemicals for aerial coca and poppy fumigation programs may be made available for such programs unless the Secretary of State, after consultation with the Administrator of the Environmental Protection Agency (EPA), certifies to the Committees on Appropriations that: (1) the herbicide mixture is being used in accordance with EPA label requirements for comparable use in the United States and any additional controls recommended by the EPA for this program, and with the Colombian Environmental Management Plan for aerial fumigation; and (2) the herbicide mixture, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment: Provided further, That such funds may not be made available unless the Secretary of State certifies to the Committees on Appropriations that complaints of harm to health or licit crops caused by such fumigation are evaluated and fair compensation is being paid for meritorious claims: Provided further, That such funds may not be made available for such purposes unless programs are being implemented by the United States Agency for International Development, the Government of Colombia, or other organizations, in consultation with local communities, to provide alternative sources of income in areas where security permits for small- acreage growers whose illicit crops are targeted for fumigation: Provided further, That of the funds appropriated under this heading, not less than $2,500,000 should be made available for continued training, equipment, and other assistance for the Colombian National Park Service: Provided further, That funds appropriated by this Act may be used for aerial fumigation in Colombia's national parks or reserves if the Secretary of State determines that it is in accordance with Colombian laws and that there are no effective alternatives to reduce drug cultivation in these areas: Provided [[Page 159]] 118 STAT. 159 further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading: Provided further, That assistance provided with funds appropriated under this heading that is made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961, as amended, shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 3204(b) through (d) of Public Law 106-246, as amended by Public Law 107-115, shall be applicable to funds appropriated for fiscal year 2004: Provided further, That no United States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available by this Act for Colombia: Provided further, That funds appropriated under this heading that are available for assistance for the Bolivian military and police should be made available for such purposes subject to a determination by the Secretary of State, and a report to the Committees on Appropriations, that the Bolivian military and police are respecting human rights and cooperating with investigations and prosecutions of alleged violations of human rights: Provided further, That of the funds appropriated under this heading, not more than $16,285,000 may be available for administrative expenses of the Department of State, and not more than $4,500,000 may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of the United States Agency for International Development. 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. [[Page 160]] 118 STAT. 160 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 [[Page 161]] 118 STAT. 161 be made available for programs and countries in the amounts contained in the table accompanying the joint explanatory statement of the managers accompanying this Act: Provided further, That any proposed increases or decreases to the amounts contained in such table shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961 and notifications shall be transmitted at least 15 days in advance of the obligation of funds. Department of the Treasury 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 [[Page 162]] 118 STAT. 162 credible evidence that the government of such country is engaged in a consistent pattern of gross violations of internationally recognized human rights or in military or civil conflict that undermines its ability to develop and implement measures to alleviate poverty and to devote adequate human and financial resources to that end: Provided further, That on the basis of final appropriations, the Secretary of the Treasury shall consult with the Committees on Appropriations concerning which countries and international financial institutions are expected to benefit from a United States contribution to the HIPC Trust Fund during the NOTE: Deadline. fiscal year: Provided further, That the Secretary of the Treasury shall inform the Committees on Appropriations not less than 15 days in advance of the signature of an agreement by the United States to make payments to the HIPC Trust Fund of amounts for such countries and institutions: Provided further, That the Secretary of the Treasury may disburse funds designated for debt reduction through the HIPC Trust Fund only for the benefit of countries that-- (1) have committed, for a period of 24 months, not to accept new market-rate loans from the international financial institution receiving debt repayment as a result of such disbursement, other than loans made by such institutions to export-oriented commercial projects that generate foreign exchange which are generally referred to as ``enclave'' loans; and (2) have documented and demonstrated their commitment to redirect their budgetary resources from international debt repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those previously available for such purposes: Provided further, That any limitation of subsection (e) of section 411 of the Agricultural Trade Development and Assistance Act of 1954 shall not apply to funds appropriated under this heading: Provided further, That none of the funds made available under this heading in this or any other appropriations Act shall be made available for Sudan or Burma unless the Secretary of the Treasury determines and notifies the Committees on Appropriations that a democratically elected government has taken office. TITLE III--MILITARY ASSISTANCE Funds Appropriated to the President 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. [[Page 163]] 118 STAT. 163 foreign military financing program (including transfer of funds) For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,294,000,000: Provided, That of the funds appropriated under this heading, not less than $2,160,000,000 shall be available for grants only for Israel, and not less than $1,300,000,000 shall be made available for grants only for Egypt: Provided further, That the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by Israel and the United States, be available for advanced weapons systems, of which not less than $568,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That of the funds appropriated by this paragraph, $206,000,000 should be made available for assistance for Jordan: Provided further, That of the funds appropriated by this paragraph, $17,000,000 may be transferred to and merged with funds appropriated under the heading ``Andean Counterdrug Initiative'' and made available for aircraft and related assistance for the Colombian National Police: Provided further, That funds appropriated by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with paragraph (5)(C) of section 1501(a) of title 31, United States Code. None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 515 of this Act: Provided further, That none of the funds appropriated under this heading shall be available for assistance for Sudan, Guatemala and Liberia: Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That the authority contained in the previous proviso or any other provision of law relating to the use of funds for programs under this heading, including provisions contained in previously enacted appropriations Acts, shall not apply to activities relating to the clearance of unexploded ordnance resulting from United States Armed Forces testing or training exercises: Provided further, That the previous proviso shall not apply to San Jose Island, Republic of Panama: Provided further, That only those countries for which assistance was justified for the ``Foreign Military Sales Financing Program'' in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading [[Page 164]] 118 STAT. 164 for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $40,500,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales: Provided further, That not more than $361,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2004 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt during fiscal year 2004 shall be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New York within 30 days of enactment of this Act. 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. [[Page 165]] 118 STAT. 165 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 [[Page 166]] 118 STAT. 166 limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $122,085,497. contribution to the international fund for agricultural development For the United States contribution by the Secretary of the Treasury to increase the resources of the International Fund for Agricultural Development, $15,004,042, to remain available until expended. international organizations and programs For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1973, $321,650,000: Provided, That none of the funds appropriated under this heading may be made available to the International Atomic Energy Agency (IAEA): Provided further, That funds appropriated under this heading shall be made available for programs and countries in the amounts contained in the table accompanying the joint explanatory statement of the managers accompanying this Act: Provided further, NOTE: Notification. That any proposed increases or decreases to the amounts contained in such table shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961 and notifications shall be transmitted at least 15 days in advance of the obligation of funds. TITLE V--GENERAL PROVISIONS 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. NOTE: 22 USC 2151u note. None of the funds appropriated or otherwise made available by this Act for development assistance may be made available to any United States private and voluntary organization, [[Page 167]] 118 STAT. 167 except any cooperative development organization, which obtains less than 20 percent of its total annual funding for international activities from sources other than the United States Government: Provided, That the Administrator of the United States Agency for International Development, after informing the Committees on Appropriations, may, on a case-by-case basis, waive the restriction contained in this subsection, after taking into account the effectiveness of the overseas development activities of the organization, its level of volunteer support, its financial viability and stability, and the degree of its dependence for its financial support on the agency. 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. [[Page 168]] 118 STAT. 168 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 NOTE: Regulations. Secretary of State shall issue rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section. (g) Definitions.--As used in this section-- (1) the terms ``taxes'' and ``taxation'' refer to value added taxes and customs duties imposed on commodities financed with United States assistance for programs for which funds are appropriated by this Act; and (2) the term ``bilateral agreement'' refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance [[Page 169]] 118 STAT. 169 that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement. (h) Relationship to Prior Law.--Section 579 of division E of Public Law 108-7 shall be deemed to have been amended by subsection (f) of this section and the modifications made by this section to comparable provisions contained in section 579. 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 [[Page 170]] 118 STAT. 170 with and provides a written policy justification to the Committees on Appropriations of the House of Representatives and the Senate. (c) Audit of Inter-agency Transfers.--Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the United States Agency for International Development and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Office of the Inspector General for the agency receiving the transfer or allocation of such funds shall perform periodic program and financial audits of the use of such funds: Provided, That funds transferred under such authority may be made available for the cost of such audits. commercial leasing of defense articles Sec. 510. Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt and NATO and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act. availability of funds Sec. 511. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section 667, chapter 4 of part II of the Foreign Assistance Act of 1961, as amended, section 23 of the Arms Export Control Act, and funds provided under the heading ``Assistance for Eastern Europe and the Baltic States'', shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available until expended. limitation on assistance to countries in default Sec. 512. No part of any appropriation contained in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United [[Page 171]] 118 STAT. 171 States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultations with the Committees on Appropriations, that assistance to such country is in the national interest of the United States. 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. NOTE: 22 USC 262h note. The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. [[Page 172]] 118 STAT. 172 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 [[Page 173]] 118 STAT. 173 operations, export financing, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2005. 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) NOTE: 22 USC 5814 note. None of the funds appropriated under the heading ``Assistance for the Independent States of the Former Soviet Union'' shall be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided, That such funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States. (c) None of the funds appropriated under the heading ``Assistance for the Independent States of the Former Soviet Union'' shall be made available for any state to enhance its military capability: Provided, That this restriction does not apply to demilitarization, demining or nonproliferation programs. (d) Funds appropriated under the heading ``Assistance for the Independent States of the Former Soviet Union'' for the Russian Federation, Armenia, Georgia, and Ukraine shall be subject to the regular notification procedures of the Committees on Appropriations. (e) Funds made available in this Act for assistance for the Independent States of the former Soviet Union shall be subject to the provisions of section 117 (relating to environment and natural resources) of the Foreign Assistance Act of 1961. (f) Funds made available for Enterprise Funds shall be expended at the minimum rate necessary to make timely payment for projects and activities. (g) In issuing new task orders, entering into contracts, or making grants, with funds appropriated in this Act or prior appropriations Acts under the heading ``Assistance for the Independent States of the Former Soviet Union'' and under comparable headings in prior appropriations Acts, for projects or activities that have as one of their primary purposes the fostering of private sector development, the Coordinator for United States Assistance to the New Independent States and the implementing agency shall encourage the participation of and give significant weight to contractors and grantees who propose investing a significant amount of their [[Page 174]] 118 STAT. 174 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 [[Page 175]] 118 STAT. 175 central, country, regional, and program level funding, either as: (1) justified to the Congress; or (2) allocated by the executive branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961. 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 [[Page 176]] 118 STAT. 176 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. NOTE: 22 USC 3948 note. 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 [[Page 177]] 118 STAT. 177 United States efforts to respond to, deter, or prevent acts of international terrorism: Provided, That funds made available pursuant to the authority of this subsection should support new initiatives or bolster ongoing programs and activities in those countries: Provided further, That not less than $3,000,000 of such funds shall be made available for programs and activities that provide professional training for journalists: Provided further, That of the funds appropriated under this heading, in addition to other amounts made available for Egypt in this Act, funds shall be made available to support civil society organizations working for democracy in Egypt: Provided further, That notwithstanding any other provision of law, not to exceed $1,500,000 of such funds may be used for making grants to educational, humanitarian and nongovernmental organizations and individuals inside Iran to support the advancement of democracy and human rights in Iran: Provided further, That funds made available pursuant to this subsection shall be subject to the regular notification procedures of the Committees on Appropriations. (2) In addition to funds made available under subsections (a) and (b)(1), of the funds appropriated by this Act under the heading ``Economic Support Fund'' not less than $3,000,000 shall be made available for programs and activities of the National Endowment for Democracy to foster democracy, human rights, civic education, women's development, press freedom, and the rule of law in countries in sub- Saharan Africa. (c) Of the funds made available under subsection (a), not less than $10,500,000 shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, Department of State, to support the activities described in subsection (a), and of the funds made available under subsection (b), not less than $7,000,000 shall be made available for such Fund to support the activities described in subsection (b): Provided, That the total amount of funds made available by this Act under ``Economic Support Fund'' for activities of the Bureau of Democracy, Human Rights and Labor, Department of State, including funds available in this section, shall be not less than $34,500,000. (d) Of the funds made available under subsection (a), not less than $3,000,000 shall be made available for the National Endowment for Democracy to support the activities described in subsection (a), and of the funds made available under subsection (b), not less than $3,500,000 shall be made available for the National Endowment for Democracy to support the activities described in subsection (b): Provided, NOTE: Reports. Deadline. 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. [[Page 178]] 118 STAT. 178 (b) The President may waive the application of subsection (a) to a country if the President determines that national security or humanitarian reasons justify such waiver. NOTE: Federal Register, publication. 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. NOTE: 22 USC 2362 note. 529. (a) Separate Accounts for Local Currencies.--(1) If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development shall-- (A) require that local currencies be deposited in a separate account established by that government; (B) enter into an agreement with that government which sets forth-- (i) the amount of the local currencies to be generated; and (ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (C) establish by agreement with that government the responsibilities of the United States Agency for International Development and that government to monitor and account for deposits into and disbursements from the separate account. (2) Uses of local currencies.--As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only-- (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II (as the case may be), for such purposes as-- (i) project and sector assistance activities; or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States Government. (3) Programming accountability.--The United States Agency for International Development shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established [[Page 179]] 118 STAT. 179 pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). (4) Termination of assistance programs.--Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government. (5) Reporting requirement.--The Administrator of the United States Agency for International Development shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authorized in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used and/or to be used for such purpose in each applicable country. (b) Separate Accounts for Cash Transfers.--(1) If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle them with any other funds. (2) Applicability of other provisions of law.--Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98-1159). (3) Notification.--At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance). (4) Exemption.--Nonproject sector assistance funds may be exempt from the requirements of subsection (b)(1) only through the notification procedures of the Committees on Appropriations. enterprise fund restrictions Sec. 530. NOTE: President. Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund. [[Page 180]] 118 STAT. 180 burma Sec. 531. (a) NOTE: 50 USC 1701 note. The Secretary of the Treasury shall instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose and vote against the extension by such institution of any loan or financial or technical assistance or any other utilization of funds of the respective bank to and for Burma. (b) Of the funds appropriated under the heading ``Economic Support Fund'', not less than $13,000,000 shall be made available to support democracy activities in Burma, along the Burma-Thailand border, for activities of Burmese student groups and other organizations located outside Burma, and for the purpose of supporting the provision of humanitarian assistance to displaced Burmese along Burma's borders: Provided, That of this amount $500,000 should be made available to support newspapers, publications, and other media activities promoting democracy inside Burma: Provided further, That funds made available under this heading may be made available notwithstanding any other provision of law: Provided further, That $5,000,000 shall be allocated to the United States Agency for International Development for humanitarian assistance for displaced Burmese and host communities in Thailand: Provided further, That not more than 60 days after enactment of this Act, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit a report to the Committees on Appropriations describing the amount and rate of disbursement of fiscal years 2002 and 2003 funding for HIV/AIDS programs and activities in Burma, the estimated amount of funds expended by the State Peace and Development Council (SPDC) on HIV/ AIDS programs and activities in calendar years 2001, 2002, and 2003, and the extent to which international nongovernmental organizations are able to conduct HIV/AIDS programs throughout Burma, including the ability of expatriate staff to freely travel through the country and to conduct programmatic oversight independent of SPDC handling and monitoring: Provided further, That funds made available by this section shall be subject to the regular notification procedures of the Committees on Appropriations. (c) It is the sense of the Congress that the United Nations Security Council should debate and consider sanctions against Burma as a result of the threat to regional stability and peace posed by the repressive and illegitimate rule of the State Peace and Development Council. 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. [[Page 181]] 118 STAT. 181 impact on jobs in the united states Sec. 533. None of the funds appropriated by this Act may be obligated or expended to provide-- (1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; or (2) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided, That the application of section 507(4)(D) and (E) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enterprise, and smallholder agriculture. special authorities Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, Victims of War, Displaced Children, and Displaced Burmese.--Funds appropriated by this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 512 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961, and funds appropriated in titles I and II of this Act that are made available for Lebanon, Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, subject to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law. (b) Tropical Forestry and Biodiversity Conservation Activities.-- Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, for the purpose of supporting tropical forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions: Provided, That such assistance shall be subject to sections 116, 502B, and 620A of the Foreign Assistance Act of 1961. (c) Personal Services Contractors.--Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Agricultural Trade Development and Assistance Act of 1954, may be used by the United States Agency for International Development to employ up to 25 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development [[Page 182]] 118 STAT. 182 and Assistance Act of 1954, may be made available only for personal services contractors assigned to the Office of Food for Peace. (d)(1) Waiver.--The President may waive the provisions of section 1003 of Public Law 100-204 if the President determines and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States. (2) Period of application of waiver.--Any waiver pursuant to paragraph (1) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (e) Small Business.--In entering into multiple award indefinite- quantity contracts with funds appropriated by this Act, the United States Agency for International Development may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business. (f) Shipment of Humanitarian Assistance.--During NOTE: 22 USC 2151u note. fiscal year 2004 and each fiscal year thereafter, of the amounts made available by the United States Agency for International Development to carry out the provisions of section 123(b) of the Foreign Assistance Act of 1961, funds may be made available to nongovernmental organizations for administrative costs necessary to implement a program to obtain available donated space on commercial ships for the shipment of humanitarian assistance overseas. (g) Reconstituting Civilian Police Authority.--In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. (h) National Endowment for Democracy.--Funds appropriated by this Act that are provided to the National Endowment for Democracy may be provided notwithstanding any other provision of law or regulation. (i) World Food Program.--Of the funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of the United States Agency for International Development, from this or any other Act, not less than $6,000,000 shall be made available as a general contribution to the World Food Program, notwithstanding any other provision of law. (j) Sudan.--For NOTE: 50 USC 1701 note. the purposes of section 501 of Public Law 106-570, the terms ``areas outside of control of the Government of Sudan'' and ``area in Sudan outside of control of the Government of Sudan'' shall, upon conclusion of a peace agreement between the Government of Sudan and the Sudan People's Liberation Movement, have the same meaning and application as was the case immediately prior to the conclusion of such agreement. (k) Programs.--Of the funds appropriated under ``Economic Support Fund'' for Middle East regional programs, up to $5,000,000 may be made available for programs and activities of the Yitzhak Rabin Center for Israel Studies in Tel Aviv, Israel, and up to $5,000,000 may be made available for programs and activities of the Center for Human Dignity Museum of Tolerance in Jerusalem. [[Page 183]] 118 STAT. 183 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. NOTE: 22 USC 2364c note. 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 [[Page 184]] 118 STAT. 184 of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations under the regular notification procedures of those committees, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act. (b) Public Law 480.--During fiscal year 2004, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. (c) Exception.--This section shall not apply-- (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. 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 [[Page 185]] 118 STAT. 185 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. NOTE: Termination. The prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment. NOTE: Applicability. This section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997. (b) Assistance restricted by subsection (a) or any other similar provision of law, may be furnished if the President determines that furnishing such assistance is important to the national interests of the United States. (c) Whenever the waiver authority of subsection (b) is exercised, the President shall submit to the appropriate congressional committees a report with respect to the furnishing of such assistance. Any such report shall include a detailed explanation of the assistance to be provided, including the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests. [[Page 186]] 118 STAT. 186 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) NOTE: Deadline. Reports. Not later than 6 months after the initial exercise of the waiver authority in subsection (d), the Secretary of State, after consultations with the City of New York, shall submit a report to the Committees on Appropriations describing a strategy, including a timetable and steps currently being taken, to collect the parking fines and penalties owed by nations receiving foreign assistance under this Act. (f) In this section: (1) The term ``appropriate congressional committees'' means the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. (2) The term ``fully adjudicated'' includes circumstances in which the person to whom the vehicle is registered-- (A)(i) has not responded to the parking violation summons; or (ii) has not followed the appropriate adjudication procedure to challenge the summons; and (B) the period of time for payment of or challenge to the summons has lapsed. (3) The term ``parking fines and penalties'' means parking fines and penalties-- (A) owed to-- (i) the District of Columbia; or (ii) New York, New York; and (B) incurred during the period April 1, 1997 through September 30, 2003. 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 [[Page 187]] 118 STAT. 187 for the West Bank and Gaza unless the President has exercised the authority under section 604(a) of the Middle East Peace Facilitation Act of 1995 (title VI of Public Law 104-107) or any other legislation to suspend or make inapplicable section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect: Provided, That if the President fails to make the certification under section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 or to suspend the prohibition under other legislation, funds appropriated by this Act may not be obligated for assistance for the Palestine Liberation Organization for the West Bank and Gaza. 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, [[Page 188]] 118 STAT. 188 for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions. 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 [[Page 189]] 118 STAT. 189 include a description of how funds will be spent and the accounting procedures in place to ensure that they are properly disbursed. limitation on assistance to security forces Sec. 553. None of the funds made available by this Act may be provided to any unit of the security forces of a foreign country if the Secretary of State has credible evidence that such unit has committed gross violations of human rights, unless the Secretary determines and reports to the Committees on Appropriations that the government of such country is taking effective measures to bring the responsible members of the security forces unit to justice: Provided, That nothing in this section shall be construed to withhold funds made available by this Act from any unit of the security forces of a foreign country not credibly alleged to be involved in gross violations of human rights: Provided further, That in the event that funds are withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice. FOREIGN MILITARY TRAINING REPORT Sec. 554. The annual foreign military training report required by section 656 of the Foreign Assistance Act of 1961 shall be submitted by the Secretary of Defense and the Secretary of State to the Committees on Appropriations of the House of Representatives and the Senate by the date specified in that section. ENVIRONMENT PROGRAMS Sec. 555. (a) Funding.--Of the funds appropriated under the heading ``Development Assistance'', not less than $155,000,000 shall be made available for programs and activities which directly protect biodiversity, including forests, in developing countries, of which $1,500,000 should be made available to improve the capacity of indigenous groups and local environmental organizations and law enforcement agencies to protect the biodiversity of indigenous reserves in the Amazon Basin region of Brazil, which amount shall be in addition to the amount requested in this Act for assistance for Brazil for fiscal year 2004: Provided, That not later than 1 year after enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and other appropriate departments and agencies, and after consultation with appropriate governments and nongovernmental organizations, shall submit to the Committees on Appropriations a strategy for biodiversity conservation in the Amazon Basin region of South America: Provided further, That of the funds appropriated under the headings ``Development Assistance'' and ``Andean Counterdrug Initiative'', funds shall be made available in fiscal year 2004 to develop the strategy described in the previous proviso: Provided further, That of the funds appropriated by this Act, not less than $180,000,000 shall be made available to support policies and programs in developing countries that directly: (1) promote a wide range of energy conservation, energy efficiency and clean energy programs and activities, [[Page 190]] 118 STAT. 190 including the transfer of clean and environmentally sustainable energy technologies; (2) measure, monitor, and reduce greenhouse gas emissions; (3) increase carbon sequestration activities; and (4) enhance climate change mitigation and adaptation programs. (b) Climate Change Report.--Not NOTE: Deadline. later than 45 days after the date on which the President's fiscal year 2005 budget request is submitted to Congress, the President shall submit a report to the Committees on Appropriations describing in detail the following-- (1) all Federal agency obligations and expenditures, domestic and international, for climate change programs and activities in fiscal year 2004, including an accounting of expenditures by agency with each agency identifying climate change activities and associated costs by line item as presented in the President's Budget Appendix; and (2) all fiscal year 2003 obligations and estimated expenditures, fiscal year 2004 estimated expenditures and estimated obligations, and fiscal year 2005 requested funds by the United States Agency for International Development, by country and central program, for each of the following: (i) to promote the transfer and deployment of a wide range of United States clean energy and energy efficiency technologies; (ii) to assist in the measurement, monitoring, reporting, verification, and reduction of greenhouse gas emissions; (iii) to promote carbon capture and sequestration measures; (iv) to help meet such countries' responsibilities under the Framework Convention on Climate Change; and (v) to develop assessments of the vulnerability to impacts of climate change and mitigation and adaptation response strategies. 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. NOTE: 22 USC 2151 note. The Secretary of the Treasury shall instruct the United States executive director to each international financial institution to vote against any extension by the respective institution of any loans, to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State determines and certifies to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech and association. TIBET Sec. 558. (a) The Secretary of the Treasury should instruct the United States executive director to each international financial institution to use the voice and vote of the United States to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources [[Page 191]] 118 STAT. 191 to non-Tibetans; are based on a thorough needs-assessment; foster self- sufficiency of the Tibetan people and respect Tibetan culture and traditions; and are subject to effective monitoring. (b) Notwithstanding any other provision of law, not less than $4,000,000 of the funds appropriated by this Act under the heading ``Economic Support Fund'' shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China. 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 [[Page 192]] 118 STAT. 192 the Ministry of Women and Veterans Affairs to combat human trafficking. (c) Of the funds appropriated by this Act under the heading ``Economic Support Fund'', up to $4,000,000 may be made available for activities to support democracy, including assistance for democratic political parties. (d) Funds appropriated by this Act to carry out provisions of section 541 of the Foreign Assistance Act of 1961 may be made available notwithstanding subsection (b) only if at least 15 days prior to the obligation of such funds, the Secretary of State provides to the Committees on Appropriations a list of those individuals who have been credibly alleged to have ordered or carried out extrajudicial and political killings that occurred during the March 1997 grenade attack against the Khmer Nation Party, the July 1997 coup d'etat, and election related violence that occurred during the 1998, 2002, and 2003 elections in Cambodia. (e) None of the funds appropriated or otherwise made available by this Act may be used to provide assistance to any tribunal established by the Government of Cambodia. palestinian statehood Sec. 562. (a) Limitation on Assistance.--None of the funds appropriated by this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that-- (1) a new leadership of a Palestinian governing entity has been democratically elected through credible and competitive elections; (2) the elected governing entity of a new Palestinian state-- (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures; and (C) is establishing a new Palestinian security entity that is cooperative with appropriate Israeli and other appropriate security organizations; and (3) the Palestinian Authority (or the governing body of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include-- (A) termination of all claims or states of belligerency; (B) respect for and acknowledgement of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of Congress.--It is the sense of Congress that the newly elected governing entity should enact a constitution [[Page 193]] 118 STAT. 193 assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) Waiver.--The President may waive subsection (a) if he determines that it is vital to the national security interests of the United States to do so. (d) Exemption.--The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or a newly elected governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 552 of this Act (``Limitation on Assistance to the Palestinian Authority''). 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 [[Page 194]] 118 STAT. 194 commanders and financial backers, especially in regions where these networks have a significant presence. (3) The balance of such funds may be obligated after July 31, 2004, if the Secretary of State certifies and reports to the appropriate congressional committees, after such date, that the Colombian Armed Forces are continuing to meet the conditions contained in paragraph (2) and are conducting vigorous operations to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations. (b) Congressional Notification.--Funds made available by this Act for the Colombian Armed Forces shall be subject to the regular notification procedures of the Committees on Appropriations. (c) Consultative Process.--Not NOTE: Deadlines. later than 60 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2005, the Secretary of State shall consult with internationally recognized human rights organizations regarding progress in meeting the conditions contained in that subsection. (d) Definitions.--In this section: (1) Aided or abetted.--The term ``aided or abetted'' means to provide any support to paramilitary groups, including taking actions which allow, facilitate, or otherwise foster the activities of such groups. (2) Paramilitary groups.--The term ``paramilitary groups'' means illegal self-defense groups and illegal security cooperatives. 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. [[Page 195]] 118 STAT. 195 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 [[Page 196]] 118 STAT. 196 young women, mothers and children who are victims of trafficking in persons: Provided, That such programs and activities shall be deemed to have been justified to Congress. (d) Prohibition on Use of Funds in China.--None of the funds made available under ``International Organizations and Programs'' may be made available for the UNFPA for a country program in the People's Republic of China. (e) Conditions on Availability of Funds.--Amounts made available under ``International Organizations and Programs'' and ``Child Survival and Health Programs Fund'' for fiscal year 2004 for the UNFPA may not be made available to UNFPA unless-- (1) the UNFPA maintains amounts made available to the UNFPA under this section in an account separate from other accounts of the UNFPA; (2) the UNFPA does not commingle amounts made available to the UNFPA under this section with other sums; and (3) the UNFPA does not fund abortions. 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) NOTE: Deadline. Reports. Not later than October 1, 2004, the Secretary of State shall submit a report to the Committees on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives describing the following: (1) The defense articles, defense services, and financial assistance provided by the United States to the countries of Central Asia during the 6-month period ending 30 days prior to submission of such report. (2) The use during such period of defense articles, defense services, and financial assistance provided by the United States by units of the armed forces, border guards, or other security forces of such countries. (e) For purposes of this section, the term ``countries of Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan. [[Page 197]] 118 STAT. 197 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 [[Page 198]] 118 STAT. 198 or grants provided to any country or entity described in subsection (a). (e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or municipality upon a written determination to the Committees on Appropriations that such assistance directly supports the implementation of the Dayton Accords. (f) Definitions.--As used in this section-- (1) Country.--The term ``country'' means Bosnia and Herzegovina, Croatia and Serbia. (2) Entity.--The term ``entity'' refers to the Federation of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika Srpska. (3) Municipality.--The term ``municipality'' means a city, town or other subdivision within a country or entity as defined herein. (4) Dayton accords.--The term ``Dayton Accords'' means the General Framework Agreement for Peace in Bosnia and Herzegovina, together with annexes relating thereto, done at Dayton, November 10 through 16, 1995. 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 [[Page 199]] 118 STAT. 199 making all practicable efforts to apprehend and transfer Ratko Mladic; (2) taking steps that are consistent with the Dayton Accords to end Serbian financial, political, security and other support which has served to maintain separate Republika Srpska institutions; and (3) taking steps to implement policies which reflect a respect for minority rights and the rule of law, including the release of political prisoners from Serbian jails and prisons. (d) This section shall not apply to Montenegro, Kosovo, humanitarian assistance or assistance to promote democracy in municipalities. Community-Based Police Assistance Sec. 573. (a) Authority.--Funds NOTE: 22 USC 2151 note. made available by this Act to carry out the provisions of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority in Jamaica and El Salvador through training and technical assistance in human rights, the rule of law, strategic planning, and through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict and foster improved police relations with the communities they serve. (b) Notification.--Assistance provided under subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations. 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 [[Page 200]] 118 STAT. 200 Reconstruction and Development, commonly referred to as ``IDA- only'' countries. (c) Conditions.--The authority provided by subsection (a) may be exercised only with respect to a country whose government-- (1) does not have an excessive level of military expenditures; (2) has not repeatedly provided support for acts of international terrorism; (3) is not failing to cooperate on international narcotics control matters; (4) (including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights; and (5) is not ineligible for assistance because of the application of section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. (d) Availability of Funds.--The authority provided by subsection (a) may be used only with regard to the funds appropriated by this Act under the heading ``Debt Restructuring''. (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant to subsection (a) shall not be considered assistance for the purposes of any provision of law limiting assistance to a country. The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or section 321 of the International Development and Food Assistance Act of 1975. 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 [[Page 201]] 118 STAT. 201 section, establish the terms and conditions under which loans may be sold, reduced, or canceled pursuant to this section. (3) Administration.--The Facility, as defined in section 702(8) of the Foreign Assistance Act of 1961, shall notify the administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant to this section. Such agency shall make adjustment in its accounts to reflect the sale, reduction, or cancellation. (4) Limitation.--The authorities of this subsection shall be available only to the extent that appropriations for the cost of the modification, as defined in section 502 of the Congressional Budget Act of 1974, are made in advance. (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant to this section shall be deposited in the United States Government account or accounts established for the repayment of such loan. (c) Eligible Purchasers.--A loan may be sold pursuant to subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging in debt-for- equity swaps, debt-for-development swaps, or debt-for-nature swaps. (d) Debtor Consultations.--Before the sale to any eligible purchaser, or any reduction or cancellation pursuant to this section, of any loan made to an eligible country, the President should consult with the country concerning the amount of loans to be sold, reduced, or canceled and their uses for debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. (e) Availability of Funds.--The authority provided by subsection (a) may be used only with regard to funds appropriated by this Act under the heading ``Debt Restructuring''. 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. NOTE: 22 USC 2151a note. The Secretary of the Treasury may, to fulfill commitments of the United States, contribute on behalf of the United States to the sixth replenishment of the resources of the International Fund for Agricultural Development. The following amount is authorized to be appropriated without fiscal year limitation for payment by the Secretary of the Treasury: $45,000,000 for the International Fund for Agricultural Development. [[Page 202]] 118 STAT. 202 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. NOTE: 22 USC 284t. THIRTEENTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Association may contribute on behalf of the United States an amount equal to the amount appropriated under subsection (b), pursuant to the resolution of the Association entitled `Additions to IDA Resources: Thirteenth Replenishment'. ``(2) Subject to appropriations.--Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury, without fiscal year limitation.''. 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: [[Page 203]] 118 STAT. 203 ``SEC. 1504. NOTE: 22 USC 262o-3. ADMINISTRATIVE PROVISIONS. ``(a) Achievement of Certain Policy Goals.--The Secretary of the Treasury should instruct the United States Executive Director at each multilateral development institution to inform the institution of the following United States policy goals, and use the voice and vote of the United States to achieve the goals at the institution before June 30, 2005: ``(1) NOTE: Deadline. No later than 60 calendar days after the Board of Directors of the institution approves the minutes of a Board meeting, the institution shall post on its website an electronic version of the minutes, with material deemed too sensitive for public distribution redacted. ``(2) NOTE: Records. The institution shall keep a written transcript or electronic recording of each meeting of its Board of Directors and preserve the transcript or recording for at least 10 years after the meeting. ``(3) All public sector loan, credit and grant documents, country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for endorsement or approval by its Board of Directors, with materials deemed too sensitive for public distribution redacted or withheld, shall be made available to the public 15 calendar days before consideration by the Board or, if not then available, when the documents are distributed to the Board. Such documents shall include the resources and conditionality necessary to ensure that the borrower complies with applicable laws in carrying out the terms and conditions of such documents, strategies, or policies, including laws pertaining to the integrity and transparency of the process such as public consultation, and to public health and safety and environmental protection. ``(4) The institution shall post on its website an annual report containing statistical summaries and case studies of the fraud and corruption cases pursued by its investigations unit. ``(5) The institution shall require that any health, education, or poverty-focused loan, credit, grant, document, policy, or strategy prepared by the institution includes specific outcome and output indicators to measure results, and that the indicators and results be published periodically during the execution, and at the completion, of the project or program. ``(6) The institution shall establish a plan and schedule for conducting regular, independent audits of internal management controls and procedures for meeting operational objectives, complying with Bank policies, and preventing fraud, and making reports describing the scope and findings of such audits available to the public. ``(7) NOTE: Procedures. The institution shall establish effective procedures for the receipt, retention, and treatment of: (A) complaints received by the Bank regarding fraud, accounting, mismanagement, internal accounting controls, or auditing matters; and (B) the confidential, anonymous submission by employees of the Bank of concerns regarding fraud, accounting, mismanagement, internal accounting controls, or auditing matters. ``(b) NOTE: Deadline. Reports. Not later than September 1, 2004, and 6 months thereafter, the Secretary of the Treasury shall submit a report to the appropriate congressional committees describing the actions taken by each multilateral development institution to implement the policy [[Page 204]] 118 STAT. 204 goals described in subsection (a), and any further actions that need to be taken to fully implement such goals. ``(c) NOTE: Deadline. Publication of Written Statements Regarding Inspection Mechanism Cases.--No later than 60 calendar days after a meeting of the Board of Directors of a multilateral development institution, the Secretary of the Treasury should provide for publication on the website of the Department of the Treasury of any written statement presented at the meeting by the United States Executive Director at the institution concerning-- ``(1) a project on which a claim has been made to the inspection mechanism of the institution; or ``(2) a pending inspection mechanism case. ``(d) Congressional Briefings.--The Secretary of the Treasury or the designee of the Secretary should brief the appropriate congressional committees, when requested, on the steps that have been taken by the United States Executive Director at any multilateral development institution, and by any such institution, to implement the measures described in this section. ``(e) Publication of `No' Votes and Abstentions by the United States.--Each month, the Secretary of the Treasury should provide for posting on the website of the Department of the Treasury of a record of all `no' votes and abstentions made by the United States Executive Director at any multilateral development institution on any matter before the Board of Directors of the institution. ``(f) Multilateral Development Institution Defined.--In this section, the term `multilateral development institution' shall have the meaning given in section 1701(c)(3).''. 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. NOTE: 22 USC 285bb. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Bank may contribute on behalf of the United States an amount equal to the amount appropriated under subsection (b), pursuant to the resolution of the Bank entitled `Seventh Replenishment of the Asian Development Fund'. ``(2) Subject to appropriations.--Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury, without fiscal year limitation.''. 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. NOTE: 22 USC 290g-16. NINTH REPLENISHMENT. ``(a) Contribution Authority.-- [[Page 205]] 118 STAT. 205 ``(1) In general.--The United States Governor of the Fund may contribute on behalf of the United States an amount equal to the amount appropriated under subsection (b), pursuant to the resolution of the Fund entitled `The Ninth General Replenishment of Resources of the African Development Fund'. ``(2) Subject to appropriations.--Any commitment to make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated such sums as may be necessary for payment by the Secretary of the Treasury, without fiscal year limitation.''. 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. NOTE: Deadlines. The Administrator of the United States Agency for International Development (``USAID'') shall seek to ensure that programs, projects, and activities administered by USAID in Afghanistan comply fully with USAID's ``Policy Paper: Disability'' issued on September 12, 1997: Provided, NOTE: Reports. That the Administrator shall submit a report to the Committees on Appropriations not [[Page 206]] 118 STAT. 206 later than December 31, 2004, describing the manner in which the needs of people with disabilities were met in the development and implementation of USAID programs, projects, and activities in Afghanistan in fiscal NOTE: Standards. 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 NOTE: President. Reports. United States: Provided, That prior to exercising such waiver authority, the President shall report to the Committees on Appropriations, in classified form if necessary, on: (1) the steps being taken to obtain the cooperation of the government in surrendering the indictee in question to SCSL or [[Page 207]] 118 STAT. 207 ICTR; (2) a strategy for bringing the indictee before ICTR or SCSL; and (3) the justification for exercising the waiver authority. (e) Of the funds made available under the heading ``Economic Support Fund'' in Public Law 108-7, not less than $5,000,000 shall be made available during fiscal year 2004 for a contribution to the Special Court of NOTE: Deadline. Sierra Leone: Provided, That funds made available under the previous proviso shall be disbursed no later than 30 days after enactment of this Act. report on admission of refugees Sec. 590. (a) The Secretary of State shall utilize private voluntary organizations with expertise in the protection needs of refugees in the processing of refugees overseas for admission and resettlement to the United States, and shall utilize such agencies in addition to the United Nations High Commissioner for Refugees in the identification and referral of refugees. (b) The Secretary of State should establish a system for accepting referrals of appropriate candidates for resettlement from local private, voluntary organizations and work to ensure that particularly vulnerable refugee groups receive special consideration for admission into the United States, including-- (1) long-stayers in countries of first asylum; (2) unaccompanied refugee minors; (3) refugees outside traditional camp settings; and (4) refugees in woman-headed households. (c) The Secretary of State shall give special consideration to-- (1) refugees of all nationalities who have close family ties to citizens and residents of the United States; and (2) other groups of refugees who are of special concern to the United States. (d) NOTE: Deadline. Not later than 120 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations describing the steps that have been taken to implement this section. post differentials and danger pay allowances Sec. 591. (a) Section 5925(a) of title 5, United States Code, is amended in the third sentence by inserting after ``25 percent of the rate of basic pay'' the following: ``or, in the case of an employee of the United States Agency for International Development, 35 percent of the rate of basic pay''. (b) Section 5928 of title 5, United States Code, is amended by inserting after ``25 percent of the basic pay of the employee'' both places it appears the following: ``or 35 percent of the basic pay of the employee in the case of an employee of the United States Agency for International Development''. (c) NOTE: 5 USC 5925 note. 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. NOTE: Deadline. Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney [[Page 208]] 118 STAT. 208 General, shall submit a report to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives on the investigation of the murder of United States democracy worker John Alvis. Such report shall include-- (1) a description of the steps taken by the Government of Azerbaijan to further such investigation and bring to justice those responsible for the murder of John Alvis; (2) a description of the actions of the Government of Azerbaijan to cooperate with United States agencies involved in such investigation; and (3) any recommendations of the Secretary for furthering progress of such investigation. 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. NOTE: 22 USC 288f-6. 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) NOTE: Deadline. Reports. Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate, the Committee on International Relations of the House of Representatives and the Committees on Appropriations a report on activities of the Government of the United States to protect women and children affected by humanitarian emergencies. The report shall include-- (1) an assessment of the specific protection needs of women and children at the various stages of humanitarian emergencies; [[Page 209]] 118 STAT. 209 (2) a description of which agencies and offices of the United States Government are responsible for addressing each aspect of such needs and threats; and (3) guidelines and recommendations for improving United States and international systems for the protection of women and children during humanitarian emergencies. 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) NOTE: 22 USC 7622. in section 202(d)(4)(A), by adding at the end the following new clause: ``(vi) for the purposes of clause (i), `funds contributed to the Global Fund from all sources' means funds contributed to the Global Fund at any time during fiscal years 2004 through 2008 that are not contributed to fulfill a commitment made for a fiscal year prior to fiscal year 2004.''; (2) in section 202(d)(4)(B), by adding at the end the following new clause: ``(iv) Notwithstanding clause (i), after July 31 of each of the fiscal years 2004 through 2008, any amount made available under this subsection that is withheld by reason of subparagraph (A)(i) is authorized to be made available to carry out sections 104A, 104B, and 104C of the Foreign Assistance Act of 1961 (as added by title III of this Act).''; and (3) in NOTE: 22 USC 7631. 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 NOTE: 22 USC 262p-8. amended by striking ``subparagraph (A)'' and inserting ``clause (i)''. INDONESIA Sec. 597. (a) NOTE: President. Certification. Funds appropriated by this Act under the heading ``Foreign Military Financing Program'' may be made available for assistance for Indonesia, and licenses may be issued for the export of lethal defense articles for the Indonesian Armed Forces, only if the President certifies to the appropriate congressional committees that-- (1) the Indonesia Minister of Defense is suspending from the Armed Forces those members, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, or to have aided or abetted militia groups; (2) the Indonesian Government is prosecuting those members of the Indonesian Armed Forces, of whatever rank, who [[Page 210]] 118 STAT. 210 have been credibly alleged to have committed gross violations of human rights, or to have aided or abetted militia groups, and is punishing those members of the Indonesian Armed Forces found to have committed such violations of human rights or to have aided or abetted militia groups; (3) the Indonesian Armed Forces are cooperating with civilian prosecutors and judicial authorities in Indonesia and with the joint United Nations-East Timor Serious Crimes Unit (SCU) in such cases (including extraditing those indicted by the SCU to East Timor and providing access to witnesses, relevant military documents, and other requested information); and (4) the Minister of Defense is making publicly available audits of receipts and expenditures of the Indonesian Armed Forces. (b) Congress notes that the Indonesian Government and Armed Forces have pledged to cooperate with the Federal Bureau of Investigation with respect to its investigation into the August 31, 2002, murders of two American citizens and one Indonesian citizen in Timika, Indonesia. Therefore, funds appropriated under the heading ``INTERNATIONAL MILITARY EDUCATION AND TRAINING'' may be made available for Indonesia if the Secretary of State determines and reports to the appropriate congressional committees that the Indonesian Government and Armed Forces are cooperating with the Federal Bureau of Investigation's investigation: Provided, That this restriction shall not apply to expanded international military education and training, which may include English language training. 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) NOTE: 114 Stat. 577. is amended-- [[Page 211]] 118 STAT. 211 (1) in the heading, by striking ``BIMONTHLY'' and inserting ``QUARTERLY''; (2) by striking ``60'' and inserting ``90''; and (3) by striking ``Congress'' and inserting ``the appropriate congressional committees''. (b) The report required by section 3204(e) of the Emergency Supplemental Act, 2000 (Public Law 106-246) NOTE: 114 Stat. 576. is amended by striking ``Congress'' and inserting ``the appropriate congressional committees''. (c) Subsection (a) of section 803 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001, Appendix A of Public Law 106-429 (as enacted by section 101(a) of such Public Law) NOTE: 22 USC 262r-6. is hereby repealed. CPA DETAILEES Sec. 599C. NOTE: Reports. The Office of Personnel Management shall provide the House and Senate Committees on Appropriations a report of the number of Federal employees detailed from each executive agency to the Coalition Provisional Authority in Iraq on the date of enactment of this Act: Provided, NOTE: Deadline. That the report shall identify by agency the number of non-reimbursable and reimbursable detailees and shall be submitted to the House and Senate Committees on Appropriations by February 1, 2004: Provided further, That the report shall be updated and submitted on a quarterly basis until May, 2005. TITLE VI--MILLENNIUM NOTE: Millennium Challenge Act of 2003. CHALLENGE ACT OF 2003 SEC. 601. NOTE: 22 USC 7701 note. SHORT TITLE. This title may be cited as the ``Millennium Challenge Act of 2003''. SEC. 602. NOTE: 22 USC 7701. PURPOSES. The purposes of this title are-- (1) to provide United States assistance for global development through the Millennium Challenge Corporation, as described in section 604; and (2) to provide such assistance in a manner that promotes economic growth and the elimination of extreme poverty and strengthens good governance, economic freedom, and investments in people. SEC. 603. NOTE: 22 USC 7702. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Board.--The term ``Board'' means the Board of Directors of the Corporation established pursuant to section 604(c). (3) Candidate country.--The term ``candidate country'' means a country that meets the requirements of section 606. [[Page 212]] 118 STAT. 212 (4) Chief executive officer.--The term ``Chief Executive Officer'' means the chief executive officer of the Corporation appointed pursuant to section 604(b). (5) Compact.--The term ``Compact'' means a Millennium Challenge Compact described in section 609. (6) Corporation.--The term ``Corporation'' means the Millennium Challenge Corporation established by section 604(a). (7) Eligible country.--The term ``eligible country'' means a candidate country that is determined, under section 607, to be an eligible country to receive assistance under section 605. SEC. 604. NOTE: 22 USC 7703. ESTABLISHMENT AND MANAGEMENT OF THE MILLENNIUM CHALLENGE CORPORATION. (a) Establishment.--There is established in the executive branch a corporation to be known as the ``Millennium Challenge Corporation'' that shall be responsible for carrying out this title. The Corporation shall be a government corporation, as defined in section 103 of title 5, United States Code. (b) Chief Executive Officer.-- (1) In general.--There shall be in the Corporation a Chief Executive Officer who shall be responsible for the management of the Corporation. (2) Appointment.-- (A) In general.--Except NOTE: President. as provided in subparagraph (B), the Chief Executive Officer shall be appointed by the President, by and with the advice and consent of the Senate. (B) Interim ceo.--The members of the Board of Directors described in subsection (c)(3)(A) may designate by unanimous consent in writing an individual who is an officer within any Federal department or agency (and who has been appointed to such position by the President, by and with the advice and consent of the Senate) to carry out the duties described in this subsection until the Chief Executive Officer is appointed pursuant to subparagraph (A). (3) Relationship to board.--The Chief Executive Officer shall report to and be under the direct authority of the Board. (4) Compensation and rank.-- (A) In general.--The Chief Executive Officer shall be compensated at the rate provided for level II of the Executive Schedule under section 5313 of title 5, United States Code, and shall have the equivalent rank of Deputy Secretary. (B) Amendment.--Section 5313 of title 5, United States Code, is amended by adding at the end the following: ``Chief Executive Officer, Millennium Challenge Corporation.''. (5) Authorities and duties.--The Chief Executive Officer shall be responsible for the management of the Corporation and shall exercise the powers and discharge the duties of the Corporation. (6) Authority to appoint officers.--In consultation and with approval of the Board, the Chief Executive Officer shall appoint all officers of the Corporation. [[Page 213]] 118 STAT. 213 (c) Board of Directors.-- (1) Establishment.--There shall be in the Corporation a Board of Directors. (2) Duties.--The Board shall perform the functions specified to be carried out by the Board in this title and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures governing the manner in which the business of the Corporation may be conducted and in which the powers granted to it by law may be exercised. (3) Membership.--The Board shall consist of-- (A) the Secretary of State, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the Corporation, and the United States Trade Representative; and (B) four other individuals with relevant international experience who shall be appointed by the President, by and with the advice and consent of the Senate, of which-- (i) one individual should be appointed from among a list of individuals submitted by the majority leader of the House of Representatives; (ii) one individual should be appointed from among a list of individuals submitted by the minority leader of the House of Representatives; (iii) one individual should be appointed from among a list of individuals submitted by the majority leader of the Senate; and (iv) one individual should be appointed from among a list of individuals submitted by the minority leader of the Senate. (4) Terms.-- (A) Officers of the federal government.--Each member of the Board described in paragraph (3)(A) shall serve for a term that is concurrent with the term of service of the individual's position as an officer within the other Federal department or agency. (B) Other members.--Each member of the Board described in paragraph (3)(B) shall be appointed for a term of 3 years and may be reappointed for a term of an additional 2 years. (C) Vacancies.--A vacancy in the Board shall be filled in the manner in which the original appointment was made. (5) Chairperson.--There shall be a Chairperson of the Board. The Secretary of State shall serve as the Chairperson. (6) Quorum.--A majority of the members of the Board shall constitute a quorum, which, except with respect to a meeting of the Board during the 135-day period beginning on the date of the enactment of this Act, shall include at least one member of the Board described in paragraph (3)(B). (7) Meetings.--The Board shall meet at the call of the Chairperson. (8) Compensation.-- (A) Officers of the federal government.-- (i) In general.--A member of the Board described in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member's service on the Board. [[Page 214]] 118 STAT. 214 (ii) Travel expenses.--Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (B) Other members.-- (i) In general.--Except as provided in clause (ii), a member of the Board described in paragraph (3)(B)-- (I) shall be paid compensation out of funds made available for the purposes of this title at the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Board; and (II) while away from the member's home or regular place of business on necessary travel in the actual performance of duties as a member of the Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code. (ii) Limitation.--A member of the Board may not be paid compensation under clause (i)(II) for more than 90 days in any calendar year. SEC. 605. NOTE: 22 USC 7704. AUTHORIZATION OF ASSISTANCE. (a) Assistance.--Notwithstanding any other provision of law (other than a provision of this title), the Board, acting through the Chief Executive Officer, is authorized to provide assistance under this section for each country that enters into a Millennium Challenge Compact with the United States pursuant to section 609 to support policies and programs that advance the progress of the country in achieving lasting economic growth and poverty reduction and are in furtherance of the purposes of this title. (b) Form of Assistance.--Assistance under this section may be provided in the form of grants, cooperative agreements, or contracts to or with eligible entities described in subsection (c). Assistance under this section may not be provided in the form of loans. (c) Eligible Entities.--An eligible entity referred to in subsection (b) is-- (1) the national government of the eligible country; (2) regional or local governmental units of the country; or (3) a nongovernmental organization or a private entity. (d) Application.--The Chief Executive Officer, in consultation with the Board and working with eligible countries selected by the Board for negotiation of Compacts, should develop and recommend procedures for considering solicited and unsolicited proposals in Compacts prior to an approval of the Compacts by the Board. (e) Limitations.-- (1) Prohibition on military assistance and training.-- Assistance under this section may not include military assistance or military training for a country. (2) Prohibition on assistance relating to united states job loss or production displacement.--Assistance under [[Page 215]] 118 STAT. 215 this section may not be provided for any project that is likely to cause a substantial loss of United States jobs or a substantial displacement of United States production. (3) Prohibition on assistance relating to environmental, health, or safety hazards.--Assistance under this section may not be provided for any project that is likely to cause a significant environmental, health, or safety hazard. (4) NOTE: Applicability. Prohibition on use of funds for abortions and involuntary sterilizations.--The prohibitions on use of funds contained in paragraphs (1) through (3) of section 104(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)-(3)) shall apply to funds made available to carry out this section to the same extent and in the same manner as such prohibitions apply to funds made available to carry out part I of such Act. The prohibition on use of funds contained in any provision of law comparable to the eleventh and fourteenth provisos under the heading ``Child Survival and Health Programs Fund'' of division E of Public Law 108-7 (117 Stat. 162) shall apply to funds made available to carry out this section for fiscal year 2004. (f) Coordination.--The provision of assistance under this section shall be coordinated with other United States foreign assistance programs. SEC. 606. NOTE: 22 USC 7705. CANDIDATE COUNTRIES. (a) Low Income Countries.-- (1) Fiscal year 2004.--A country shall be a candidate country for purposes of eligibility for assistance for fiscal year 2004 if-- (A) the country is eligible for assistance from the International Development Association, and the per capita income of the country is equal to or less than the historical ceiling of the International Development Association for that year, as defined by the International Bank for Reconstruction and Development; and (B) subject to paragraph (3), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law. (2) Fiscal year 2005 and subsequent fiscal years.--A country shall be a candidate country for purposes of eligibility for assistance for fiscal year 2005 or a subsequent fiscal year if-- (A) the per capita income of the country is equal to or less than the historical ceiling of the International Development Association for the fiscal year involved, as defined by the International Bank for Reconstruction and Development; and (B) the country meets the requirements of paragraph (1)(B). (3) Rule of construction.--For the purposes of determining whether a country is eligible for receiving assistance under section 605 pursuant to paragraph (1)(B), the exercise by the President, the Secretary of State, or any other officer or employee of the United States of any waiver or suspension of any provision of law referred to in such paragraph, and [[Page 216]] 118 STAT. 216 notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirement of such paragraph. (b) Lower Middle Income Countries.-- (1) In general.--In addition to countries described in subsection (a), a country shall be a candidate country for purposes of eligibility for assistance for fiscal year 2006 or a subsequent fiscal year if the country-- (A) is classified as a lower middle income country in the then most recent edition of the World Development Report for Reconstruction and Development published by the International Bank for Reconstruction and Development and has an income greater than the historical ceiling for International Development Association eligibility for the fiscal year involved; and (B) meets the requirements of subsection (a)(1)(B). (2) Limitation.--The total amount of assistance provided to countries described in paragraph (1) for fiscal year 2006 or any subsequent fiscal year may not exceed 25 percent of the total amount of assistance provided to all countries under section 605 for fiscal year 2006 or the subsequent fiscal year, as the case may be. (c) Identification by the Board.--The Board shall identify whether a country is a candidate country for purposes of this section. SEC. 607. NOTE: 22 USC 7706. ELIGIBLE COUNTRIES. (a) Determination by the Board.--The Board shall determine whether a candidate country is an eligible country for purposes of this section. Such determination shall be based, to the maximum extent possible, upon objective and quantifiable indicators of a country's demonstrated commitment to the criteria in subsection (b), and shall, where appropriate, take into account and assess the role of women and girls. (b) Criteria.--A candidate country should be considered to be an eligible country for purposes of this section if the Board determines that the country has demonstrated a commitment to-- (1) just and democratic governance, including a demonstrated commitment to-- (A) promote political pluralism, equality, and the rule of law; (B) respect human and civil rights, including the rights of people with disabilities; (C) protect private property rights; (D) encourage transparency and accountability of government; and (E) combat corruption; (2) economic freedom, including a demonstrated commitment to economic policies that-- (A) encourage citizens and firms to participate in global trade and international capital markets; (B) promote private sector growth and the sustainable management of natural resources; (C) strengthen market forces in the economy; and (D) respect worker rights, including the right to form labor unions; and [[Page 217]] 118 STAT. 217 (3) investments in the people of such country, particularly women and children, including programs that-- (A) promote broad-based primary education; and (B) strengthen and build capacity to provide quality public health and reduce child mortality. (c) Selection by the Board.-- (1) In general.--At the time the Board determines eligible countries under this section for a fiscal year, the Board shall select those eligible countries with respect to which the United States will initially seek to enter into a Millennium Challenge Compact pursuant to section 609. (2) Factors.--In selecting eligible countries under paragraph (1), the Board shall consider the following factors: (A) The extent to which the country clearly meets or exceeds the eligibility criteria. (B) The opportunity to reduce poverty and generate economic growth in the country. (C) The availability of amounts to carry out this title. (d) Establishment of Criteria and Methodology.--The criteria and methodology submitted by the Board to Congress and published in the Federal Register under section 608(b)(2) with respect to a fiscal year shall remain fixed for purposes of eligibility determinations for such year. (e) Annual Modification of Criteria and Methodology.--As appropriate, the Board, acting through the Chief Executive Officer, shall review the eligibility criteria and methodology and modify such criteria and methodology in subsequent years consistent with section 608(b). SEC. 608. NOTE: 22 USC 7707. CONGRESSIONAL AND PUBLIC NOTIFICATION OF CANDIDATE COUNTRIES, ELIGIBILITY CRITERIA, AND ELIGIBLE COUNTRIES. (a) NOTE: Deadline. Identification of Candidate Countries.--Not later than 90 days prior to the date on which the Board determines eligible countries under section 607 for a fiscal year, the Chief Executive Officer-- (1) NOTE: Reports. shall prepare and submit to the appropriate congressional committees a report that contains a list of all candidate countries identified under section 606, and all countries that would be candidate countries if the countries met the requirement contained in section 606(a)(1)(B), for the fiscal year; and (2) NOTE: Federal Register, publication. shall publish in the Federal Register the information contained in the report described in paragraph (1). (b) NOTE: Deadline. Identification of Eligibility Criteria and Methodology.--Not later than 60 days prior to the date on which the Board determines eligible countries under section 607 for a fiscal year, the Chief Executive Officer-- (1) NOTE: Reports. shall prepare and submit to the appropriate congressional committees a report that contains a list of the criteria and methodology described in subsections (a) and (b) of section 607 that will be used to determine eligibility for each candidate country identified under subsection (a); (2) NOTE: Federal Register, publication. shall publish in the Federal Register the information contained in the report described in paragraph (1); and (3) may conduct one or more public hearings on the eligibility criteria and methodology. (c) Public Comment and Congressional Consultation.-- [[Page 218]] 118 STAT. 218 (1) Public comment.--The Chief Executive Officer shall, for the 30-day period beginning on the date of publication in the Federal Register of the information contained in the report described in subsection (b)(1), accept public comment and consider such comment for purposes of determining eligible countries under section 607. (2) Congressional consultation.--The Chief Executive Officer shall consult with the appropriate congressional committees on the extent to which the candidate countries meet the criteria described in section 607(b). (d) NOTE: Deadline. Identification of Eligible Countries.--Not later than 5 days after the date on which the Board determines eligible countries under section 607 for a fiscal year, the Chief Executive Officer-- (1) NOTE: Reports. shall prepare and submit to the appropriate congressional committees a report that contains a list of all such eligible countries, an identification of those countries on such list with respect to which the Board will seek to enter into a Compact under section 609, and a justification for such eligibility determination and selection for Compact negotiation; and (2) NOTE: Federal Register, publication. shall publish in the Federal Register the information contained in the report described in paragraph (1). SEC. 609. NOTE: 22 USC 7708. MILLENNIUM CHALLENGE COMPACT. (a) Compact.--The Board, acting through the Chief Executive Officer of the Corporation, may provide assistance for an eligible country only if the country enters into an agreement with the United States, to be known as a ``Millennium Challenge Compact'', that establishes a multi- year plan for achieving shared development objectives in furtherance of the purposes of this title. (b) Elements.-- (1) In general.--The Compact should take into account the national development strategy of the eligible country and shall contain-- (A) the specific objectives that the country and the United States expect to achieve during the term of the Compact; (B) the responsibilities of the country and the United States in the achievement of such objectives; (C) regular benchmarks to measure, where appropriate, progress toward achieving such objectives; (D) an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practicable; (E) a multi-year financial plan, including the estimated amount of contributions by the Corporation and the country and proposed mechanisms to implement the plan and provide oversight, that describes how the requirements of subparagraphs (A) through (D) will be met, including identifying the role of civil society in the achievement of such requirements; (F) where appropriate, a description of the current and potential participation of other donors in the achievement of such objectives; (G) a plan to ensure appropriate fiscal accountability for the use of assistance provided under section 605; [[Page 219]] 118 STAT. 219 (H) where appropriate, a process or processes for consideration of solicited proposals under the Compact as well as a process for consideration of unsolicited proposals by the Corporation and national, regional, or local units of government; (I) a requirement that open, fair, and competitive procedures are used in a transparent manner in the administration of grants or cooperative agreements or the procurement of goods and services for the accomplishment of objectives under the Compact; (J) the strategy of the eligible country to sustain progress made toward achieving such objectives after expiration of the Compact; and (K) a description of the role of the United States Agency for International Development in any design, implementation, and monitoring of programs and activities funded under the Compact. (2) Lower middle income countries.--In addition to the elements described in subparagraphs (A) through (K) of paragraph (1), with respect to a lower middle income country described in section 606(b), the Compact shall identify a contribution, as appropriate, from the country relative to its national budget, taking into account the prevailing economic conditions, toward meeting the objectives of the Compact. Any such contribution should be in addition to government spending allocated for such purposes in the country's budget for the year immediately preceding the establishment of the Compact and should continue for the duration of the Compact. (3) Definition.--In this subsection, the term ``national development strategy'' means any strategy to achieve market- driven economic growth and eliminate extreme poverty that has been developed by the government of the country in consultation with a wide variety of civic participation, including nongovernmental organizations, private and voluntary organizations, academia, women's and student organizations, local trade and labor unions, and the business community. (c) Additional Provision Relating to Prohibition on Taxation.--In addition to the elements described in subsection (c), each Compact shall contain a provision that states that assistance provided by the United States under the Compact shall be exempt from taxation by the government of the eligible country. (d) Local Input.--In entering into a Compact, the United States shall seek to ensure that the government of an eligible country-- (1) takes into account the local-level perspectives of the rural and urban poor, including women, in the eligible country; and (2) consults with private and voluntary organizations, the business community, and other donors in the eligible country. (e) Consultation.--During any discussions with a country for the purpose of entering into a Compact with the country, officials of the Corporation participating in such discussions shall, at a minimum, consult with appropriate officials of the United States Agency for International Development, particularly with those officials responsible for the appropriate region or country on development issues related to the Compact. [[Page 220]] 118 STAT. 220 (f) Coordination With Other Donors.--To the maximum extent feasible, activities undertaken to achieve the objectives of the Compact shall be undertaken in coordination with the assistance activities of other donors. (g) Assistance for Development of Compact.--Notwithstanding subsection (a), the Chief Executive Officer may enter into contracts or make grants for any eligible country for the purpose of facilitating the development and implementation of the Compact between the United States and the country. (h) Requirement for Approval by the Board.--Each Compact shall be approved by the Board before the United States enters into the Compact. (i) NOTE: Deadline. Increase or Extension of Assistance Under a Compact.--Not later than 15 days after making a determination to increase or extend assistance under a Compact with an eligible country, the Board, acting through the Chief Executive Officer-- (1) NOTE: Reports. shall prepare and transmit to the appropriate congressional committees a written report and justification that contains a detailed summary of the proposed increase in or extension of assistance under the Compact and a copy of the full text of the amendment to the Compact; and (2) NOTE: Federal Register, publication. shall publish a detailed summary, full text, and justification of the proposed increase in or extension of assistance under the Compact in the Federal Register and on the Internet website of the Corporation. (j) Duration of Compact.--The duration of a Compact shall not exceed 5 years. (k) Subsequent Compacts.--An eligible country and the United States may enter into and have in effect only one Compact at any given time under this section. An eligible country and the United States may enter into one or more subsequent Compacts in accordance with the requirements of this title after the expiration of the existing Compact. SEC. 610. NOTE: Deadlines. 22 USC 7709. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT. (a) Congressional Consultation Prior to Compact Negotiations.--Not later than 15 days prior to the start of negotiations of a Compact with an eligible country, the Board, acting through the Chief Executive Officer-- (1) shall consult with the appropriate congressional committees with respect to the proposed Compact negotiation; and (2) shall identify the objectives and mechanisms to be used for the negotiation of the Compact. (b) Congressional and Public Notification After Entering Into a Compact.--Not later than 10 days after entering into a Compact with an eligible country, the Board, acting through the Chief Executive Officer-- (1) NOTE: Notification. shall provide notification of the Compact to the appropriate congressional committees, including a detailed summary of the Compact and a copy of the text of the Compact; and (2) NOTE: Federal Register, publication. shall publish such detailed summary and the text of the Compact in the Federal Register and on the Internet website of the Corporation. SEC. 611. NOTE: 22 USC 7710. SUSPENSION AND TERMINATION OF ASSISTANCE. (a) Suspension and Termination of Assistance.--After consultation with the Board, the Chief Executive Officer may suspend [[Page 221]] 118 STAT. 221 or terminate assistance in whole or in part for a country or entity under section 605 if the Chief Executive Officer determines that-- (1) the country or entity is engaged in activities which are contrary to the national security interests of the United States; (2) the country or entity has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the country or entity, as the case may be; or (3) the country or entity has failed to adhere to its responsibilities under the Compact. (b) Reinstatement.--The Chief Executive Officer may reinstate assistance for a country or entity under section 605 only if the Chief Executive Officer determines that the country or entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subsection (a). (c) Congressional Notification.-- Not NOTE: Deadline. Reports. later than 3 days after the date on which the Chief Executive Officer suspends or terminates assistance under subsection (a) for a country or entity, or reinstates assistance under subsection (b) for a country or entity, the Chief Executive Officer shall submit to the appropriate congressional committees a report that contains the determination of the Chief Executive Officer under subsection (a) or subsection (b), as the case may be. (d) Rule of Construction.--The authority to suspend or terminate assistance under this section includes the authority to suspend or terminate obligations and sub-obligations. SEC. 612. NOTE: 22 USC 7711. DISCLOSURE. (a) Requirement for Disclosure.--The NOTE: Public information. Corporation shall make available to the public on at least a quarterly basis, the following information: (1) For assistance provided under section 605-- (A) the name of each entity to which assistance is provided; (B) the amount of assistance provided to the entity; and (C) a description of the program or project, including-- (i) a description of whether the program or project was solicited or unsolicited; and (ii) a detailed description of the objectives and measures for results of the program or project. (2) For funds allocated or transferred under section 619(b)-- (A) the name of each United States Government agency to which such funds are transferred or allocated; (B) the amount of funds transferred or allocated to such agency; and (C) a description of the program or project to be carried out by such agency with such funds. (b) Dissemination.--The NOTE: Federal Register, publication. information required to be disclosed under subsection (a) shall be made available to the public by means of publication in the Federal Register and on the Internet website of the Corporation, as well as by any other methods that the Board determines appropriate. SEC. 613. NOTE: 22 USC 7712. ANNUAL REPORT. (a) Report.--Not NOTE: Deadline. later than March 31, 2005, and each March 31 thereafter, the President shall submit to Congress a report [[Page 222]] 118 STAT. 222 on the assistance provided under section 605 during the prior fiscal year. (b) Contents.--The report shall include the following: (1) The amount of obligations and expenditures for assistance provided to each eligible country during the prior fiscal year. (2) For each eligible country, an assessment of-- (A) the progress made during each year by the country toward achieving the objectives set out in the Compact entered into by the country; and (B) the extent to which assistance provided under section 605 has been effective in helping the country to achieve such objectives. (3) A description of the coordination of assistance provided under section 605 with other United States foreign assistance and related trade policies. (4) A description of the coordination of assistance provided under section 605 with assistance provided by other donor countries. (5) Any other information the President considers relevant with respect to assistance provided under section 605. SEC. 614. NOTE: 22 USC 7713. POWERS OF THE CORPORATION; RELATED PROVISIONS. (a) Powers.--The Corporation-- (1) shall have perpetual succession unless dissolved by a law enacted after the date of the enactment of this Act; (2) may adopt, alter, and use a seal, which shall be judicially noticed; (3) may make and perform such contracts, grants, and other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Corporation; (4) may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation; (5) may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out the functions of the Corporation; (6) may accept cash gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, for the purpose of carrying out the provisions of this title; (7) may use the United States mails in the same manner and on the same conditions as the executive departments; (8) may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management; (9) may hire or obtain passenger motor vehicles; and (10) shall have such other powers as may be necessary and incident to carrying out this title. (b) Principal Office.--The Corporation shall maintain its principal office in the metropolitan area of Washington, District of Columbia. (c) Positions With Foreign Governments.--When approved by the Chief Executive Officer, for purposes of implementing a Compact, employees of the Corporation (including individuals detailed to the Corporation) may accept and hold offices or positions [[Page 223]] 118 STAT. 223 to which no compensation is attached with governments or governmental agencies of foreign countries or with international organizations. (d) Other Authorities.--Except NOTE: Applicability. to the extent inconsistent with the provisions of this title, the administrative authorities contained in the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to the implementation of this title to the same extent and in the same manner as such authorities apply to the implementation of those Acts. (e) Applicability of Government Corporation Control Act.-- (1) In general.--The Corporation shall be subject to chapter 91 of subtitle VI of title 31, United States Code, except that the Corporation shall not be authorized to issue obligations or offer obligations to the public. (2) Conforming amendment.--Section 9101(3) of title 31, United States Code, is amended by adding at the end the following: ``(Q) the Millennium Challenge Corporation.''. (f) Inspector General.-- (1) In general.--The Inspector General of the United States Agency for International Development shall serve as Inspector General of the Corporation, and, in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Corporation. (2) Authority of the board.--In carrying out the responsibilities under this subsection, the Inspector General shall report to and be under the general supervision of the Board. (3) Reimbursement and authorization of services.-- (A) Reimbursement.--The Corporation shall reimburse the United States Agency for International Development for all expenses incurred by the Inspector General in connection with the Inspector General's responsibilities under this subsection. (B) Authorization for services.--Of the amount authorized to be appropriated under section 619(a) for a fiscal year, up to $5,000,000 is authorized to be made available to the Inspector General of the United States Agency for International Development to conduct reviews, investigations, and inspections of operations and activities of the Corporation. (g) Special Assistance.-- (1) In general.--The Chief Executive Officer is authorized to contract with any nongovernmental organization (including a university, independent foundation, or other organization) in the United States or in a candidate country, and, where appropriate, directly with a governmental agency of any such country, that is undertaking research aimed at improving data related to eligibility criteria under this title with respect to the country. (2) Funding.--Of the amount authorized to be appropriated under section 619(a) for a fiscal year, up to $5,000,000 is authorized to be made available to carry out paragraph (1). [[Page 224]] 118 STAT. 224 SEC. 615. NOTE: 22 USC 7714. COORDINATION WITH UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT. (a) Requirement for Coordination.--The Chief Executive Officer shall consult with the Administrator of the United States Agency for International Development in order to coordinate the activities of the Corporation with the activities of the Agency. (b) USAID Programs.--The Administrator of the United States Agency for International Development shall seek to ensure that appropriate programs of the Agency play a primary role in preparing candidate countries to become eligible countries. SEC. 616. NOTE: 22 USC 7715. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES. (a) Authorization.--The Board, acting through the Chief Executive Officer, is authorized to provide assistance to a candidate country described in subsection (b) for the purpose of assisting such country to become an eligible country. (b) Candidate Country Described.--A candidate country referred to in subsection (a) is a candidate country that-- (1) satisfies the requirements contained in subparagraphs (A) and (B) of section 606(a)(1); and (2) demonstrates a significant commitment to meet the requirements of section 607(b) but fails to meet such requirements (including by reason of the absence or unreliability of data). (c) Administration.--Assistance under this section may be provided through the United States Agency for International Development. (d) Funding.--Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section 619(a) for fiscal year 2004 is authorized to be made available to carry out this section. SEC. 617. NOTE: 22 USC 7716. GENERAL PERSONNEL AUTHORITIES. (a) Detail of Personnel.--Upon request of the Chief Executive Officer, the head of an agency may detail any employee of such agency to the Corporation on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee's allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed. (b) Reemployment Rights.-- (1) In general.--An employee of an agency who is serving under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Corporation, is entitled to be reemployed in such employee's former position or a position of like seniority, status, and pay in such agency, if such employee-- (A) is separated from the Corporation for any reason, other than misconduct, neglect of duty, or malfeasance; and (B) NOTE: Deadline. applies for reemployment not later than 90 days after the date of separation from the Corporation. (2) Specific rights.--An employee who satisfies paragraph (1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and, on reemployment, is entitled to at least the rate of basic pay to which such employee would have been entitled had such employee never transferred. [[Page 225]] 118 STAT. 225 (c) Hiring Authority.--Of persons employed by the Corporation, not to exceed 30 persons may be appointed, compensated, or removed without regard to the civil service laws and regulations. (d) Basic Pay.--The Chief Executive Officer may fix the rate of basic pay of employees of the Corporation without regard to the provisions of chapter 51 of title 5, United States Code (relating to the classification of positions), subchapter III of chapter 53 of such title (relating to General Schedule pay rates), except that no employee of the Corporation may receive a rate of basic pay that exceeds the rate for level II of the Executive Schedule under section 5313 of such title. (e) Definitions.--In this section-- (1) the term ``agency'' means an executive agency, as defined by section 105 of title 5, United States Code; and (2) the term ``detail'' means the assignment or loan of an employee, without a change of position, from the agency by which such employee is employed to the Corporation. SEC. 618. NOTE: 22 USC 7717. PERSONNEL OUTSIDE THE UNITED STATES. (a) Assignment to United States Embassies.--An employee of the Corporation, including an individual detailed to or contracted by the Corporation, may be assigned to a United States diplomatic mission or consular post or a United States Agency for International Development field mission. (b) Privileges and Immunities.--The Secretary of State shall seek to ensure that an employee of the Corporation, including an individual detailed to or contracted by the Corporation, and the members of the family of such employee, while the employee is performing duties in any country or place outside the United States, enjoy the privileges and immunities that are enjoyed by a member of the Foreign Service, or the family of a member of the Foreign Service, as appropriate, of comparable rank and salary of such employee, if such employee or a member of the family of such employee is not a national of or permanently resident in such country or place. (c) Responsibility of Chief of Mission.--An employee of the Corporation, including an individual detailed to or contracted by the Corporation, and a member of the family of such employee, shall be subject to section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) in the same manner as United States Government employees while the employee is performing duties in any country or place outside the United States if such employee or member of the family of such employee is not a national of or permanently resident in such country or place. SEC. 619. NOTE: 22 USC 7718. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out this title such sums as may be necessary for each of the fiscal years 2004 and 2005. (b) Allocation of Funds.-- (1) In general.--The Corporation may allocate or transfer to any agency of the United States Government any of the funds available for carrying out this title. Such funds shall be available for obligation and expenditure for the purposes for which the funds were authorized, in accordance with authority granted in this title or under authority governing the activities of the United States Government agency to which such funds are allocated or transferred. [[Page 226]] 118 STAT. 226 (2) Notification.--The NOTE: Deadline. Corporation shall notify the appropriate congressional committees not less than 15 days prior to an allocation or transfer of funds pursuant to paragraph (1). This division may be cited as the ``Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004''. DIVISION E--DEPARTMENTS NOTE: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2004. OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS, 2004 An Act Making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2004, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2004, and for other purposes, namely: TITLE I--DEPARTMENT NOTE: Department of Labor Appropriations Act, 2004. OF LABOR Employment and Training Administration 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 [[Page 227]] 118 STAT. 227 emerging economic development needs; and train such eligible dislocated workers: Provided further, That $9,039,000 shall be for carrying out section 172 of the Workforce Investment Act of 1998: Provided further, That, notwithstanding any other provision of law or related regulation, $77,330,000 shall be for carrying out section 167 of the Workforce Investment Act of 1998, including $72,213,000 for formula grants, $4,610,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $507,000 for other discretionary purposes: Provided further, That notwithstanding the transfer limitation under section 133(b)(4) of such Act, up to 30 percent of such funds may be transferred by a local board if approved by the Governor: Provided further, That funds provided to carry out section 171(d) of the Workforce Investment Act of 1998 may be used for demonstration projects that provide assistance to new entrants in the workforce and incumbent workers: Provided further, That funding provided to carry out projects under section 171 of the Workforce Investment Act of 1998 that are identified in the Conference Agreement, shall not be subject to the requirements of section 171(b)(2)(B) of such Act, the requirements of section 171(c)(4)(D) of such Act, the joint funding requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such Act, or any time limit requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of such Act: Provided further, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers. For necessary expenses of the Workforce Investment Act of 1998, including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of buildings and other facilities, and the purchase of real property for training centers as authorized by the Workforce Investment Act of 1998; $2,463,000,000 plus reimbursements, of which $2,363,000,000 is available for obligation for the period October 1, 2004 through June 30, 2005, and of which $100,000,000 is available for the period October 1, 2004 through June 30, 2007, for necessary expenses of construction, rehabilitation, and acquisition of Job Corps centers. 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. [[Page 228]] 118 STAT. 228 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. [[Page 229]] 118 STAT. 229 In addition, for making repayable advances to the Black Lung Disability Trust Fund in the current fiscal year after September 15, 2004, for costs incurred by the Black Lung Disability Trust Fund in the current fiscal year, such sums as may be necessary. 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 [[Page 230]] 118 STAT. 230 the Secretary of Labor, in accordance with the terms of the Consent Judgment in Civil Action No. 91-0027 of the United States District Court for the District of the Northern Mariana Islands (May 21, 1992): Provided further, That the Secretary of Labor is authorized to establish and, in accordance with 31 U.S.C. 3302, collect and deposit in the Treasury fees for processing applications and issuing certificates under sections 11(d) and 14 of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing applications and issuing registrations under title I of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.). 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. [[Page 231]] 118 STAT. 231 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 NOTE: 26 USC 9501 note. in fiscal year 2004 and thereafter, such sums as may be necessary from the Black Lung Disability Trust Fund, to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1954, as amended; and interest on advances, as authorized by section 9501(c)(2) of that Act. In addition, the following amounts shall be available from the Fund for fiscal year 2004 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): $32,004,000 for transfer to the Employment Standards Administration, ``Salaries and Expenses''; $23,401,000 for transfer to Departmental Management, ``Salaries and Expenses''; $338,000 for transfer to Departmental Management, ``Office of Inspector General''; and $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury. Occupational Safety and Health Administration 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 [[Page 232]] 118 STAT. 232 18 of the Act; NOTE: 29 USC 670 note. and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administration may retain up to $750,000 per fiscal year of training institute course tuition fees, otherwise authorized by law to be collected, and may utilize such sums for occupational safety and health training and education grants: Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal year ending September 30, 2004, to collect and retain fees for services provided to Nationally Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 or fewer employees who is included within a category having an occupational injury lost workday case rate, at the most precise Standard Industrial Classification Code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except-- (1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by such Act with respect to imminent dangers; (4) to take any action authorized by such Act with respect to health hazards; (5) to take any action authorized by such Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by such Act; and (6) to take any action authorized by such Act with respect to complaints of discrimination against employees for exercising rights under such Act: Provided further, That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That not less than $3,200,000 shall be used to extend funding for the Institutional Competency Building training grants which commenced in September 2000, for program activities for the period of September 30, 2003 to September 30, 2004, provided that a grantee has demonstrated satisfactory performance. [[Page 233]] 118 STAT. 233 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, NOTE: 30 USC 962. and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations; and any funds available to the department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster. Bureau of Labor Statistics 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. [[Page 234]] 118 STAT. 234 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, NOTE: 33 USC 921 note. 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. [[Page 235]] 118 STAT. 235 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 NOTE: Notification. Appropriations Committees of both Houses of Congress are notified at least 15 days in advance of any transfer. Sec. 103. In accordance with Executive Order No. 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. Sec. 104. There is authorized to be appropriated such sums as may be necessary to the Denali Commission through the Department of Labor to conduct job training of the local workforce where Denali Commission projects will be constructed. Sec. 105. Of the funds appropriated for fiscal year 1999 under section 403(a)(5)(H)(i)(II) of the Social Security Act (42 U.S.C. 603(a)(5)(H)(i)(II)) that were allotted as welfare to work formula grants to the States under section 403(a)(5)(A) of such Act (42 U.S.C. 603(a)(5)(A)), there is hereby rescinded any funds that are unexpended by the States as of the date of enactment of this section, except for such funds as the Secretary of Labor determines are necessary for States to carry out administrative activities relating to the close out of such grants. Notwithstanding section 403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)), the Secretary of Labor may take such actions as the Secretary determines are appropriate to facilitate the orderly and equitable close out of such grants, consistent with the requirements of this section. Sec. 106. (a) Findings.--Congress finds that-- [[Page 236]] 118 STAT. 236 (1) it is projected that the Department of Labor, in conjunction with labor, industry, and the National Institute for Occupational Safety and Health, will be undertaking several months of testing on Personal Dust Monitor production prototypes; and (2) the testing of Personal Dust Monitor prototypes is set to begin (by late May or early June of 2004) following the scheduled delivery of the Personal Dust Monitors in May 2004. (b) Re-proposal of Rule.--Following the successful demonstration of Personal Dust Monitor technology, and if the Secretary of Labor makes a determination that Personal Dust Monitors can be effectively applied in a regulatory scheme, the Secretary of Labor shall re-propose a rule on respirable coal dust which incorporates the use of Personal Dust Monitors, and, if such rule is re-proposed, the Secretary shall comply with the regular procedures applicable to Federal rulemaking. Sec. 107. NOTE: Ohio. Real property. The Secretary of Labor shall transfer, without charge or consideration, to Hamilton County, Ohio all rights, title, and interest (including all Federal equity) the United States holds in the real property located at 1916 Central Parkway, Cincinnati, Ohio to the extent such rights, title, or interest were acquired through grants to the State of Ohio under title III of the Social Security Act or the Wagner-Peyser Act or acquired through funds distributed to the State of Ohio under section 903 of the Social Security Act. Sec. 108. Fair Labor Standards Act Woodworking Exemption. Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is amended by adding at the end the following: ``(7)(A)(i) Subject to subparagraph (B), in the administration and enforcement of the child labor provisions of this Act, it shall not be considered oppressive child labor for a new entrant into the workforce to be employed inside or outside places of business where machinery is used to process wood products. ``(ii) In this paragraph, the term `new entrant into the workforce' means an individual who-- ``(I) is under the age of 18 and at least the age of 14, and ``(II) by statute or judicial order is exempt from compulsory school attendance beyond the eighth grade. ``(B) The employment of a new entrant into the workforce under subparagraph (A) shall be permitted-- ``(i) if the entrant is supervised by an adult relative of the entrant or is supervised by an adult member of the same religious sect or division as the entrant; ``(ii) if the entrant does not operate or assist in the operation of power-driven woodworking machines; ``(iii) if the entrant is protected from wood particles or other flying debris within the workplace by a barrier appropriate to the potential hazard of such wood particles or flying debris or by maintaining a sufficient distance from machinery in operation; and ``(iv) if the entrant is required to use personal protective equipment to prevent exposure to excessive levels of noise and saw dust.''. This title may be cited as the ``Department of Labor Appropriations Act, 2004''. [[Page 237]] 118 STAT. 237 TITLE II--DEPARTMENT NOTE: Department of Health and Human Services Appropriations Act, 2004. OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Health Resources and Services For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and XXVI of the Public Health Service Act, section 427(a) of the Federal Coal Mine Health and Safety Act, title V (including section 510), and sections 1128E, 711 and 1820 of the Social Security Act, the Health Care Quality Improvement Act of 1986, as amended, the Native Hawaiian Health Care Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000, and the Poison Control Center Enhancement and Awareness Act, $6,698,437,000, of which $367,563,000 shall be available for construction and renovation (including equipment) of health care and other facilities, abstinence education and related services, and other health-related activities as specified in the statement of the managers on the conference report accompanying this Act, and of which $39,740,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program under section 1820 of such Act: Provided, That of the funds made available under this heading, $250,000 shall be available until expended for facilities renovations at the Gillis W. Long Hansen's Disease Center: Provided further, That in addition to fees authorized by section 427(b) of the Health Care Quality Improvement Act of 1986, fees shall be collected for the full disclosure of information under the Act sufficient to recover the full costs of operating the National Practitioner Data Bank, and shall remain available until expended to carry out that Act: Provided further, That fees collected for the full disclosure of information under the ``Health Care Fraud and Abuse Data Collection Program'', authorized by section 1128E(d)(2) of the Social Security Act, shall be sufficient to recover the full costs of operating the program, and shall remain available until expended to carry out that Act: Provided further, That $25,000,000 of the funding provided for community health centers shall be used for base grant adjustments for existing centers: Provided further, That no more than $4,850,000 is available for carrying out the provisions of section 233(o) of title 42, United States Code, including associated administrative expenses: Provided further, That no more than $45,000,000 is available for carrying out the provisions of Public Law 104-73: Provided further, That $10,000,000 is available until expended to establish a National Cord Blood Stem Cell Bank Program as described in the statement of the managers on the conference report accompanying this Act: Provided further, NOTE: Family planning. That of the funds made available under this heading, $280,000,000 shall be for the program under title X of the Public Health Service Act to provide for voluntary family planning projects: Provided further, NOTE: Abortion. That amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That $753,317,000 shall be for State AIDS Drug Assistance Programs authorized by section 2616 of the Public [[Page 238]] 118 STAT. 238 Health Service Act: Provided further, That in addition to amounts provided herein, $25,000,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry out parts A, B, C, and D of title XXVI of the Public Health Service Act to fund section 2691 Special Projects of National Significance: Provided further, That notwithstanding section 502(a)(1) of the Social Security Act, not to exceed $121,130,000 is available for carrying out special projects of regional and national significance pursuant to section 501(a)(2) NOTE: Grants. Abstinence. 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 [[Page 239]] 118 STAT. 239 and Health Act of 1970, title IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act of 1980; including purchase and insurance of official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft, $4,545,472,000, of which $262,000,000 shall remain available until expended for equipment, and construction and renovation of facilities, and of which $293,569,000 for international HIV/AIDS shall remain available until September 30, 2005, including $150,000,000, to remain available until expended for the ``International Mother and Child HIV Prevention Initiative''. In addition, such sums as may be derived from authorized user fees, which shall be credited to this account: Provided, That in addition to amounts provided herein, $14,000,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry out the National Immunization Surveys: Provided further, That in addition to amounts provided herein, $127,634,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry out the National Center for Health Statistics surveys: Provided further, That in addition to amounts provided herein, $28,600,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry out information systems standards development and architecture and applications-based research used at local public health levels: Provided further, That in addition to amounts provided herein, $41,900,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry out Research Tools and Approaches activities within the National Occupational Research Agenda: Provided further, That none of the funds made available for injury prevention and control at the Centers for Disease Control and Prevention may be used, in whole or in part, to advocate or promote gun control: Provided further, That the Director may redirect the total amount made available under authority of Public Law 101-502, section 3, dated November 3, 1990, to activities the Director NOTE: Notification. may so designate: Provided further, That the Congress is to be notified promptly of any such transfer: Provided further, That not to exceed $12,500,000 may be available for making grants under section 1509 of the Public Health Service Act to not more than 15 States: Provided further, That without regard to existing statute, funds appropriated may be used to proceed, at the discretion of the Centers for Disease Control and Prevention, with property acquisition, including a long-term ground lease for construction on non- Federal land, to support the construction of a replacement laboratory in the Fort Collins, Colorado area: Provided further, That notwithstanding any other provision of law, a single contract or related contracts for development and construction of facilities may be employed which collectively include the full scope of the project: Provided further, That the solicitation and contract shall contain the clause ``availability of funds'' found at 48 CFR 52.232-18. National Institutes of Health 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. [[Page 240]] 118 STAT. 240 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. [[Page 241]] 118 STAT. 241 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. [[Page 242]] 118 STAT. 242 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. [[Page 243]] 118 STAT. 243 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 [[Page 244]] 118 STAT. 244 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 [[Page 245]] 118 STAT. 245 in Oak Brook, Illinois, for health education programs and services to the deaf and hard-of-hearing, $1,750,000 is available for AIDS Healthcare Foundation in Los Angeles for a demonstration of residential and outpatient treatment facilities, $250,000 is available for Berwick Hospital Center, Berwick, Pennsylvania, for stabilizing the workforce for patient care, $163,000 is available for Bloomsburg Hospital, Bloomsburg, Pennsylvania for stabilizing the workforce for patient care, $275,000 is available for Cheyenne River Sioux Tribe in Eagle Butte, South Dakota, to establish a nursing home, $778,000 is available for Community Medical Center, Scranton, Pennsylvania, for stabilizing the workforce for patient care, $150,000 is available for Cook County (Illinois) Bureau of Health Services to improve the management of vulnerable patients with poorly controlled diabetes, $178,000 is available for Divine Providence Hospital, Williamsport, Pennsylvania, for stabilizing the workforce for patient care, $267,000 is available for Geisinger Wyoming Valley Medical Center, Wilkes-Barre, Pennsylvania, for stabilizing the workforce for patient care, $237,000 is available for Hazleton General Hospital, Hazleton, Pennsylvania, for stabilizing the workforce for patient care, $25,000 is available for Hope Worldwide, Philadelphia, Pennsylvania, to maintain clinical care for recovering drug and alcohol addicts, $825,000 is available for Illinois Primary Health Care Association for the Shared Integrated Management Information System, Springfield, Illinois, $250,000 is available for James S. Taylor Memorial Home, Louisville, Kentucky, $100,000 is available for Jefferson Area Board for Aging, Charlottesville, Virginia, for the Nursing Assistant Institute, $85,000 is available for Jersey Shore Hospital, Jersey Shore, Pennsylvania for stabilizing the workforce for patient care, $179,000 is available for Marian Community Hospital, Carbondale, Pennsylvania, for stabilizing the workforce for patient care, $200,000 is available for Medical Care for Children Partnership, Fairfax, Virginia, to provide outreach to increase access to medical and dental care for children, $393,000 is available for Mercy Health Partners, Scranton, Pennsylvania, for stabilizing the workforce for patient care, $571,000 is available for Mercy Hospital, Wilkes-Barre, Pennsylvania, for stabilizing the workforce for patient care, $63,000 is available for Mid-Valley Hospital, Peckville, Pennsylvania, for stabilizing the workforce for patient care, $510,000 is available for Moses Taylor Hospital, Scranton, Pennsylvania, for stabilizing the workforce for patient care, $109,000 is available for Muncy Valley Hospital, Muncy, Pennsylvania, for stabilizing the workforce for patient care, $225,000 is available for Muskegon Community Health Project, Muskegon, Michigan, for the Access Health program, $75,000 is available for North Penn Visiting Nurse Association, Lansdale, Pennsylvania, to provide low-cost or free health care to children who do not have health insurance, $122,000 is available for Patient Advocate Foundation, Newport News, Virginia, to provide direct intervention assistance to patients throughout the United States who are experiencing difficulty in accessing quality health care services, $100,000 is available for Rhode Island Hospital-Medical Simulation Center of Providence, Rhode Island, for the creation of a transportable simulation-based training curriculum and validated human performance measurement system, $256,000 is available for Saint Joseph Medical Center, Hazleton, Pennsylvania, for stabilizing the workforce for patient care, $100,000 is available [[Page 246]] 118 STAT. 246 for Santa Clara County, California, for its Children's Health Initiative program to provide outreach and enrollment assistance for families under 300 percent of Federal poverty level, $664,000 is available for Sharon Regional Health System, Sharon, Pennsylvania, for stabilizing the workforce for patient care, $25,000 is available for Sickle Cell Medical Treatment & Education Center, St. Louis Children's Hospital, St. Louis, Missouri, to improve the academic achievement of children with Sickle Cell Disease with specific cognitive rehabilitation, $111,000 is available for Tyler Memorial Hospital, Tunkhannock, Pennsylvania, for stabilizing the workforce for patient care, $174,000 is available for United Community Hospital, Grove City, Pennsylvania, for stabilizing the workforce for patient care, $503,000 is available for UPMC Horizon, Farrell, Pennsylvania, for stabilizing the workforce for patient care, $613,000 is available for Williamsport Hospital & Medical Center, Williamsport, Pennsylvania, for stabilizing the workforce for patient care, and $965,000 is available for Wyoming Valley Health Care System, Wilkes-Barre, Pennsylvania, for stabilizing the workforce for patient care: Provided further, That the Secretary of Health and Human Services is directed to collect fees in fiscal year 2004 from Medicare+Choice organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act: Provided further, that to the extent Medicare claims processing unit costs are projected by the Centers for Medicare & Medicaid Services to exceed $0.87 for part A claims and/or $0.65 for part B claims, up to an additional $18,000,000 may be available for obligation for every $0.04 increase in Medicare claims processing unit costs from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds. The calculation of projected unit costs shall be derived in the same manner in which the estimated unit costs were calculated for the Federal budget estimate for the fiscal year. 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- [[Page 247]] 118 STAT. 247 A of the Social Security Act before the effective date of the program of Temporary Assistance for Needy Families (TANF) with respect to such State, such sums as may be necessary: Provided, That the sum of the amounts available to a State with respect to expenditures under such title IV-A in fiscal year 1997 under this appropriation and under such title IV-A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall not exceed the limitations under section 116(b) of such Act. For making, after May 31 of the current fiscal year, payments to States or other non-Federal entities under titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. low-income home energy assistance For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $1,800,000,000. For making payments under title XXVI of the Omnibus Budget Reconciliation Act of 1981, $100,000,000, to remain available until expended: Provided, That these funds are for the unanticipated home energy assistance needs of one or more States, as authorized by section 2604(e) of the Act, and notwithstanding the designation requirement of section 2602(e). refugee and entrant assistance For necessary expenses for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96-422), for carrying out section 462 of the Homeland Security Act of 2002 (Public Law 107-296), and for carrying out section 5 of the Torture Victims Relief Act of 1998 (Public Law 105-320), $450,276,000, of which up to $9,968,000 shall be available to carry out the Trafficking Victims Protection Act of 2000 (Public Law 106-386; division A): Provided, That funds appropriated under this heading pursuant to section 414(a) of the Immigration and Nationality Act for fiscal year 2004 shall be available for the costs of assistance provided and other activities, to remain available through September 30, 2006. Payments to States for the Child Care and Development Block Grant For carrying out sections 658A through 658R of the Omnibus Budget Reconciliation Act of 1981 (Child Care and Development Block Grant Act of 1990), $2,099,729,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided, That $19,120,000 shall be available for child care resource and referral and school-aged child care activities, of which $1,000,000 shall be for the Child Care Aware toll free hotline: Provided further, That, in addition to the amounts required to be reserved by the States under section 658G, $272,672,000 shall be reserved by the States for activities authorized under section 658G, of which $100,000,000 shall be for activities that improve the quality of infant and toddler care: [[Page 248]] 118 STAT. 248 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 [[Page 249]] 118 STAT. 249 grant funds by a State to an eligible entity as provided under the Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further, NOTE: Procedures. 42 USC 9921 note. 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 [[Page 250]] 118 STAT. 250 adverse drug reactions; and of which $2,842,000 shall remain available until September 30, 2006, for the White House Conference on Aging. Office of the Secretary 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. [[Page 251]] 118 STAT. 251 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 [[Page 252]] 118 STAT. 252 to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund or the World Health Organization. Sec. 203. None of the funds appropriated under this Act may be used to implement section 399F(b) of the Public Health Service Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103-43. Sec. 204. None of the funds appropriated in this Act for the National Institutes of Health, the Agency for Healthcare Research and Quality, and the Substance Abuse and Mental Health Services Administration shall be used to pay the salary of an individual, through a grant or other extramural mechanism, at a rate in excess of Executive Level I. Sec. 205. NOTE: Reports. None of the funds appropriated in this Act may be expended pursuant to section 241 of the Public Health Service Act, except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in the Department of Health and Human Services, prior to the Secretary's preparation and submission of a report to the Committee on Appropriations of the Senate and of the House detailing the planned uses of such funds. Sec. 206. Notwithstanding section 241(a) of the Public Health Service Act, such portion as the Secretary shall determine, but not more than 2.2 percent, of any amounts appropriated for programs authorized under said Act shall be made available for the evaluation (directly, or by grants or contracts) of the implementation and effectiveness of such programs. (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, NOTE: Notification. That the Appropriations Committees of both Houses of Congress are notified at least 15 days in advance of any transfer. Sec. 208. The Director of the National Institutes of Health, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes, centers, and divisions from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided, NOTE: Notification. That the Congress is promptly notified of the transfer. Sec. 209. Of the amounts made available in this Act for the National Institutes of Health, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of the National Institutes of Health and the Director of the Office of AIDS Research, shall be made available to the ``Office of AIDS Research'' account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the Public Health Service Act. Sec. 210. None of the funds appropriated in this Act may be made available to any entity under title X of the Public Health [[Page 253]] 118 STAT. 253 Service Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. Sec. 211. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare+Choice program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided, That the Secretary shall make appropriate prospective adjustments to the capitation payment to such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity's enrollees): Provided further, That nothing in this section shall be construed to change the Medicare program's coverage for such services and a Medicare+Choice organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services. Sec. 212. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. Sec. 213. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended-- (1) in section 599D (8 U.S.C. 1157 note)-- (A) in subsection (b)(3), by striking ``1997, 1998, 1999, 2000, 2001, 2002, and 2003'' and inserting ``1997, 1998, 1999, 2000, 2001, 2002, 2003, and 2004''; and (B) in subsection (e), by striking ``October 1, 2003'' each place it appears and inserting ``October 1, 2004''; (C) in subsection (b)(1)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B), by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(C) one or more categories of aliens who are or were nationals and residents of the Islamic Republic or Iran who, as members of a religious minority in Iran, share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion.''; and (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking ``September 30, 2003'' and inserting ``September 30, 2004''. Sec. 214. (a) Except as provided by subsection (e) none of the funds appropriated by this Act may be used to withhold substance abuse funding from a State pursuant to section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) if such State certifies to the Secretary of Health and Human Services by May 1, 2004, that the State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State [[Page 254]] 118 STAT. 254 laws prohibiting the sale of tobacco products to individuals under 18 years of age. (b) The amount of funds to be committed by a State under subsection (a) shall be equal to 1 percent of such State's substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary of Health and Human Services under section 1926 of such Act. (c) The State is to maintain State expenditures in fiscal year 2004 for tobacco prevention programs and for compliance activities at a level that is not less than the level of such expenditures maintained by the State for fiscal year 2003, and adding to that level the additional funds for tobacco compliance activities required under subsection (a). NOTE: Reports. Deadline. The State is to submit a report to the Secretary on all fiscal year 2003 State expenditures and all fiscal year 2004 obligations for tobacco prevention and compliance activities by program activity by July 31, 2004. (d) The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subsection (a) as late as July 31, 2004. (e) None of the funds appropriated by this Act may be used to withhold substance abuse funding pursuant to section 1926 from a territory that receives less than $1,000,000. Sec. 215. In order for the Centers for Disease Control and Prevention to carry out international health activities, including HIV/ AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2004, the Secretary of Health and Human Services-- (1) may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary of Health and Human Services shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) and other applicable statutes administered by the Department of State; and (2) is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of the Department of Health and Human Services. The Department of State shall cooperate fully with the Secretary of Health and Human Services to ensure that the Department of Health and Human Services has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary of Health and Human Services is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other [[Page 255]] 118 STAT. 255 infectious diseases, chronic and environmental diseases, and other health activities abroad. Sec. 216. The Division of Federal Occupational Health may utilize personal services contracting to employ professional management/ administrative and occupational health professionals. Sec. 217. NOTE: 42 USC 284f note. Notwithstanding section 409B(c) of the Public Health Service Act regarding a limitation on the number of such grants, funds appropriated in this Act and Acts in fiscal years thereafter may be expended by the Director of the National Institutes of Health to award Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's disease. Each center funded under such grants shall be designated as a Morris K. Udall Center for Research on Parkinson's Disease. Sec. 218. NOTE: Deadline. Reports. Not later than 90 days after the date of enactment of this Act, the Director of the National Institutes of Health shall submit to the appropriate committees of Congress a report that shall-- (1) contain the recommendations of the Director concerning the role of the National Institutes of Health in promoting the affordability of inventions and products developed with Federal funds; and (2) specify whether any circumstances exist to prevent the Director from promoting the affordability of inventions and products developed with Federal funds. Sec. 219. NOTE: 42 USC 294o note. Notwithstanding any other provisions of law, funds made available under this heading may be used to continue operating the Council on Graduate Medical Education established by section 301 of Public Law 102-408. Sec. 220. Designation of Senator Paul D. Wellstone NIH MDCRC Program. (a) Findings.--Congress finds the following: (1) On December 18, 2001, Public Law 107-84, otherwise known as the Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001, or the MD CARE Act, was signed into law to provide for research and education with respect to various forms of muscular dystrophy, including Duchenne, Becker, limb girdle, congenital, facioscapulohumeral, myotonic, oculopharyngeal, distal, and EmeryDreifuss muscular dystrophies. (2) In response to the MD CARE Act of 2001, in September 2002, the National Institutes of Health (NIH) announced its intention to establish the Muscular Dystrophy Cooperative Research Centers (MDCRC) program. (3) Senator Paul D. Wellstone was a driving force behind enactment of the MD CARE Act, which led to the establishment of the MDCRC program. (b) Designation.--The NIH Muscular Dystrophy Cooperative Research Centers (MDCRC) program shall be known and designated as the ``Senator Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers'', in honor of Senator Paul D. Wellstone who was deceased on October 25, 2002. (c) References.--Any reference in a law, regulation, document, paper, or other record of the United States to the NIH program of Muscular Dystrophy Cooperative Research Centers shall be deemed to be a reference to the ``Senator Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers''. [[Page 256]] 118 STAT. 256 Sec. 221. (a) Authority.--Notwithstanding any other provision of law, the Director of the National Institutes of Health may use funds available under section 402(i) of the Public Health Service Act (42 U.S.C. 282(i)) to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research in support of the NIH Roadmap Initiative of the Director. (b) Peer Review.--In entering into transactions under subsection (a), the Director of the National Institutes of Health may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such NOTE: Applicability. procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c). Sec. 222. Section 307(c) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note) is amended by striking ``is authorized to make grants'' and inserting ``is authorized to make interagency transfers''. This title may be cited as the ``Department of Health and Human Services Appropriations Act, 2004''. TITLE NOTE: Department of Education Appropriations Act, 2004. III-- DEPARTMENT OF EDUCATION Education for the Disadvantaged For carrying out title I of the Elementary and Secondary Education Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 1965, $14,528,522,000, of which $6,983,169,000 shall become available on July 1, 2004, and shall remain available through September 30, 2005, and of which $7,383,301,000 shall become available on October 1, 2004, and shall remain available through September 30, 2005, for academic year 2004-2005: Provided, That $7,107,283,000 shall be available for basic grants under section 1124: Provided further, That up to $3,500,000 of these funds shall be available to the Secretary of Education on October 1, 2003, to obtain annually updated educational-agency-level census poverty data from the Bureau of the Census: Provided further, That $1,365,031,000 shall be available for concentration grants under section 1124A: Provided further, That $1,969,843,000 shall be available for targeted grants under section 1125: Provided further, That $1,969,843,000 shall be available for education finance incentive grants under section 1125A: Provided further, That $235,000,000 shall be available for comprehensive school reform grants under part F of the ESEA: Provided further, That from the $8,842,000 available to carry out part E of title I, up to $1,000,000 shall be available to the Secretary of Education to provide technical assistance to State and local educational agencies concerning part A of title I. Impact Aid For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $1,236,824,000, of which $1,070,000,000 shall be for basic support payments under section [[Page 257]] 118 STAT. 257 8003(b), $50,668,000 shall be for payments for children with disabilities under section 8003(d), $46,208,000 shall be for construction under section 8007 and shall remain available through September 30, 2005, $62,000,000 shall be for Federal property payments under section 8002, and $7,948,000, to remain available until expended, shall be for facilities maintenance under section 8008: Provided, That $1,500,000 of the funds for section 8007 shall be available for the local educational agencies and in the amounts specified in the statement of the managers on the conference report accompanying this Act: Provided further, That, notwithstanding any other provision of law, these funds shall remain available until expended. School Improvement Programs For carrying out school improvement activities authorized by titles II, part B of title IV, part A and subparts 6 and 9 of part D of title V, parts A and B of title VI, and parts B and C of title VII of the Elementary and Secondary Education Act of 1965 (``ESEA''); the McKinney- Vento Homeless Assistance Act; and the Civil Rights Act of 1964, $5,834,208,000, of which $4,282,199,000 shall become available on July 1, 2004, and remain available through September 30, 2005, and of which $1,435,000,000 shall become available on October 1, 2004, and shall remain available through September 30, 2005, for academic year 2004- 2005: Provided, That funds made available to carry out part B of title VII of the ESEA may be used for construction, renovation and modernization of any elementary school, secondary school, or structure related to an elementary school or secondary school, run by the Department of Education of the State of Hawaii, that serves a predominantly Native Hawaiian student body: Provided further, That from the funds referred to in the preceding proviso, not less than $1,000,000 shall be for a grant to the Department of Education of the State of Hawaii for the activities described in such proviso: Provided further, That funds made available to carry out part C of title VII of the ESEA may be used for construction: Provided further, That $391,600,000 shall be for subpart 1 of part A of title VI of the ESEA: Provided further, That $27,821,000 shall be available to carry out part D of title V of the ESEA: Provided further, That no funds appropriated under this heading may be used to carry out section 5494 under the ESEA. Indian Education For expenses necessary to carry out, to the extent not otherwise provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $121,573,000. Innovation and Improvement For carrying out activities authorized by parts G and H of title I, subpart 5 of part A and parts C and D of title II, parts B, C, and D of title V, and section 1504 of the Elementary and Secondary Education Act of 1965 (``ESEA''), $1,106,811,000: Provided, That $74,513,000 for continuing and new grants to demonstrate effective approaches to comprehensive school reform shall become available on July 1, 2004, and remain available through September 30, 2005, and shall be allocated and expended in the same manner as the funds provided under the Fund for the [[Page 258]] 118 STAT. 258 Improvement of Education for this purpose were allocated and expended in fiscal year 2003: Provided further, That $18,500,000 shall be available to carry out section 2151(c) of the ESEA, of which not less than $10,000,000 shall be provided to the National Board for Professional Teaching Standards, not less than $7,000,000 shall be provided to the National Council on Teacher Quality, and up to $1,500,000 may be reserved by the Secretary to conduct an evaluation of activities authorized by such section: Provided further, That $430,463,000 shall be available to carry out part D of title V of the ESEA: Provided further, That $177,271,000 of the funds for subpart 1, part D of title V of the ESEA shall be available for the projects and in the amounts specified in the statement of the managers on the conference report accompanying this Act. Safe Schools and Citizenship Education For carrying out activities authorized by subpart 3 of part C of title II, part A of title IV, and subparts 2, 3 and 10 of part D of title V of the Elementary and Secondary Education Act of 1965 (``ESEA''), title VIII-D of the Higher Education Amendments of 1998, and Public Law 102-73, $862,813,000, of which $470,483,000 shall become available on July 1, 2004, and remain available through September 30, 2005: Provided, That of the amount available for subpart 2 of part A of title IV of the ESEA, $850,000 shall be used to continue the National Recognition Awards program under the same guidelines outlined by section 120(f) of Public Law 105-244: Provided further, That $445,483,000 shall be available for subpart 1 of part A of title IV and $234,680,000 shall be available for subpart 2 of part A of title IV: Provided further, That $128,838,000 shall be available to carry out part D of title V of the ESEA: Provided further, That of the funds available to carry out subpart 3 of part C of title II, up to $11,922,000 may be used to carry out section 2345 and $2,980,000 shall be used by the Center for Civic Education to implement a comprehensive program to improve public knowledge, understanding, and support of the Congress and the State legislatures: Provided further, That $25,000,000 shall be for Youth Offender Grants, of which $5,000,000 shall be used in accordance with section 601 of Public Law 102-73 as that section was in effect prior to enactment of Public Law 105-220. English Language Acquisition For carrying out part A of title III of the ESEA, $685,258,000, of which $560,301,000 shall become available on July 1, 2004, and shall remain available through September 30, 2005: Provided, That notwithstanding section 3111(c)(4)(B)(ii), the Secretary may, in determining the allotments under section 3111(c)(3), use the same Census data for the number of limited English proficient children and youth used for the previous year's allotments under section 3111(c)(3) and the most recent data collected from States for the number of immigrant children and youth that is acceptable to the Secretary: Provided further, That funds reserved under section 3111(c)(1)(D) of the ESEA that are not used in accordance with section 3111(c)(2) may be added to the funds that are available July 1, 2004 through September 30, 2005, for State allotments under section 3111(c)(3). [[Page 259]] 118 STAT. 259 Special Education For carrying out the Individuals with Disabilities Education Act, $11,307,072,000, of which $5,604,762,000 shall become available for obligation on July 1, 2004, and shall remain available through September 30, 2005, and of which $5,413,000,000 shall become available on October 1, 2004, and shall remain available through September 30, 2005, for academic year 2004-2005: Provided, That $11,400,000 shall be for Recording for the Blind and Dyslexic to support the development, production, and circulation of recorded educational materials: Provided further, That $1,500,000 shall be for the recipient of funds provided by Public Law 105-78 under section 687(b)(2)(G) of the Act to provide information on diagnosis, intervention, and teaching strategies for children with disabilities: Provided further, That the amount for section 611(c) of the Act shall be equal to the amount available for that section during fiscal year 2003, increased by the amount of inflation as specified in section 611(f)(1)(B)(ii) of the Act: Provided further, That $6,879,000 of the funds for section 672 of the Act shall be available for the projects and in the amounts specified in the statement of the managers of the conference report accompanying this Act. Rehabilitation Services and Disability Research For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and the Helen Keller National Center Act, $3,013,305,000, of which $1,000,000 shall be awarded to the American Academy of Orthotists and Prosthetists for activities that further the purposes of the grant received by the Academy for the period beginning October 1, 2003, including activities to meet the demand for orthotic and prosthetic provider services and improve patient care: Provided, That the funds provided for title I of the Assistive Technology Act of 1998 (``the AT Act'') shall be allocated notwithstanding section 105(b)(1) of the AT Act: Provided further, That section 101(f) of the AT Act shall not limit the award of an extension grant to 3 years: Provided further, That no State or outlying area awarded funds under section 101 shall receive less than the amount received in fiscal year 2003: Provided further, That $5,035,000 of the funds for section 303 of the Rehabilitation Act of 1973 shall be available for the projects and in the amounts specified in the statement of the managers of the conference report accompanying this Act. Special Institutions for Persons With Disabilities 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 [[Page 260]] 118 STAT. 260 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 [[Page 261]] 118 STAT. 261 available through September 30, 2005, for grants to local educational agencies: Provided further, That funds made available to local education agencies under this subpart shall be used only for activities related to establishing smaller learning communities in high schools. Student Financial Assistance For carrying out subparts 1, 3, and 4 of part A, part C and part E of title IV of the Higher Education Act of 1965, as amended, $14,090,430,000, which shall remain available through September 30, 2005. The NOTE: 20 USC 1070a note. maximum Pell Grant for which a student shall be eligible during award year 2004-2005 shall be $4,050. Student Aid Administration For Federal administrative expenses (in addition to funds made available under section 458), to carry out part D of title I, and subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV of the Higher Education Act of 1965, as amended, $118,010,000. Higher Education For carrying out, to the extent not otherwise provided, section 121 and titles II, III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''), as amended, section 1543 of the Higher Education Amendments of 1992, title VIII of the Higher Education Amendments of 1998, and the Mutual Educational and Cultural Exchange Act of 1961, $2,094,511,000, of which $2,000,000 for interest subsidies authorized by section 121 of the HEA shall remain available until expended: Provided, That $9,935,000, to remain available through September 30, 2005, shall be available to fund fellowships for academic year 2005-2006 under part A, subpart 1 of title VII of said Act, under the terms and conditions of part A, subpart 1: Provided further, That $994,000 is for data collection and evaluation activities for programs under the HEA, including such activities needed to comply with the Government Performance and Results Act of 1993: Provided further, That notwithstanding any other provision of law, funds made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided further, That up to 1 percent of the funds referred to in the preceding proviso may be used for program evaluation, national outreach, and information dissemination activities: Provided further, That $123,110,000 of the funds for part B of title VII of the Higher Education Act of 1965 shall be available for the projects and in the amounts specified in the statement of the managers of the conference report accompanying this Act. [[Page 262]] 118 STAT. 262 Howard University For partial support of Howard University (20 U.S.C. 121 et seq.), $240,180,000, of which not less than $3,573,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act (Public Law 98-480) and shall remain available until expended. College Housing and Academic Facilities Loans Program For Federal administrative expenses authorized under section 121 of the Higher Education Act of 1965, $774,000 to carry out activities related to existing facility loans entered into under the Higher Education Act of 1965. Historically Black College and University Capital Financing Program Account The aggregate principal amount of outstanding bonds insured pursuant to section 344 of title III, part D of the Higher Education Act of 1965, shall not exceed $357,000,000, and the cost, as defined in section 502 of the Congressional Budget Act of 1974, of such bonds shall not exceed zero. For administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to title III, part D of the Higher Education Act of 1965, as amended, $210,000. Institute of Education Sciences For carrying out activities authorized by Public Law 107-279, $478,717,000: Provided, That, of the amount appropriated, $166,500,000 shall be available for obligation through September 30, 2005: Provided further, That of the amount provided to carry out title I, parts B and D of Public Law 107-279, not less than $24,362,000 shall be for the national research and development centers authorized under section 133(c): Provided further, That $4,968,000 shall be available to extend for one additional year the contract for the Eisenhower National Clearinghouse for Mathematics and Science Education authorized under section 2102(a)(2) of the Elementary and Secondary Education Act of 1965, prior to its amendment by the No Child Left Behind Act of 2001, Public Law 107-110. Departmental Management 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. [[Page 263]] 118 STAT. 263 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, NOTE: Notification. That the Appropriations Committees of both Houses of Congress are notified at least 15 days in advance of any transfer. Sec. NOTE: 20 USC 1087kk note. 305. Special Study of Simplification of Need Analysis and Application for title IV Aid. (a) Study Required.--The Advisory Committee on Student Financial Assistance established by section 491 of the Higher Education Act of 1965 (20 U.S.C. 1098), hereafter in this section referred to as ``the Advisory Committee'', shall conduct a thorough study of the feasibility of simplifying the need analysis methodology for all Federal student financial assistance programs and the process of applying for such assistance. (b) Required Subjects of Study.--In performing the study, the Advisory Committee shall, at a minimum, examine the following: [[Page 264]] 118 STAT. 264 (1) whether the methodology used to calculate the expected family contribution can be simplified without significant adverse effects on program intent, costs, integrity, delivery, and distribution of awards; (2) whether the number of data elements, and, accordingly, the number and complexity of questions asked of students and families, used to calculate the expected family contribution can be reduced without such adverse effects; (3) whether the procedures for determining such data elements, including determining and updating offsets and allowances, is the most efficient, effective, and fair means to determine a family's available income and assets; (4) whether the methodology used to calculate the expected family contribution, specifically the consideration of income earned by a dependent student and its effect on Pell grant eligibility, is an effective and fair means to determine a family's available income and a student's need; (5) whether the nature and timing of the application required in section 483 (a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1090(a)(1)), eligibility and award determination, financial aid processing, and funds delivery can be streamlined further for students and families, institutions, and States; (6) whether it is feasible to allow students to complete only those limited sections of the financial aid application that apply to their specific circumstances and the State in which they reside; (7) whether a widely disseminated printed form, or the use of an Internet or other electronic means, can be developed to notify individuals of an estimation of their approximate eligibility for grant, work-study, and loan assistance upon completion and verification of the simplified application form; (8) whether information provided on other Federal forms (such as the form applying for supplemental security income under title XVI of the Social Security Act, the form for applying for food stamps under the Food Stamp Act of 1977, and the schedule for applying for the earned income tax credit under section 32 of the Internal Revenue Code of 1986) that are designed to determine eligibility for various Federal need-based assistance programs could be used to qualify potential students for the simplified needs test; and (9) whether any proposed changes to data elements collected, in addition to those used to calculate expected family contribution, or any proposed changes to the form's design or the process of applying for aid, may have adverse effects on program costs, integrity, delivery, or distribution of awards, as well as, application development or application processing. (c) Additional Considerations.--In conducting the feasibility study, the Advisory Committee's primary objective under this subsection shall be simplifying the financial aid application forms and process and obtaining a substantial reduction in the number of required data items. In carrying out that objective, the Advisory Committee shall pay special attention to the needs of low-income and moderate-income students and families. (d) Consultation.-- (1) In general.--The Advisory Committee shall consult with a broad range of interested parties in higher education, [[Page 265]] 118 STAT. 265 including parents and students, high school guidance counselors, financial aid and other campus administrators, appropriate State administrators, administrators of intervention and outreach programs, and appropriate officials from the Department of Education. (2) Forms design expert.--With the goal of making significant changes to the form to make the questions more easily understandable, the Advisory Committee shall consult a forms design expert to ensure that its recommendations for revision of the application form would assist in making the form easily readable and understood by parents, students, and other members of the public. (3) Congressional consultation.--The Advisory Committee shall consult on a regular basis with the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate in carrying out the feasibility study required by this subsection. (4) Departmental consultation.--The Secretary of Education shall provide such assistance to the Advisory Committee as is requested and practicable in conducting the study required by this subsection. (e) NOTE: Deadlines. Reports.-- (1) Interim report.--The Advisory Committee shall, not later than 6 months after the date of enactment of this Act, prepare and submit an interim report containing any such legislative changes as the Advisory Committee recommends to reform and simplify the needs analysis under part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.) and forms and other requirements under such title to the Committee on Education and the Workforce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Secretary of Education. (2) Final report.--The Advisory Committee shall, not later than 1 year after the date of enactment of this Act, prepare and submit a full final report on the study, including recommendations for regulatory and administrative changes required by this section, to the Committee on Education and the Workforce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Secretary of Education. (f) Implementation.--The Secretary of Education shall consult with the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate and shall subsequently initiate a redesign of the form required by section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090). Such redesign shall include the testing of alternative simplified versions of the free Federal form. The Secretary shall keep the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate fully and currently informed on the progress of these efforts. (g) Postponement of Tax Table Update Pending Report and Implementation.--The Secretary of Education shall not implement or enforce for the award year 2004-2005 the annual update to the allowances for State and other taxes in the tables used [[Page 266]] 118 STAT. 266 in the Federal needs analysis methodology, as prescribed by the Secretary on May 30, 2003 (68 Fed. Reg. 32473). Sec. 306. NOTE: Deadline. The Secretary of Education shall treat as timely filed an application under section 8003 of the Elementary and Secondary Education Act of 1965 from the local educational agency for Hydaburg, Alaska, for a payment for fiscal year 2004, and shall process such application for payment, if the Secretary has received the fiscal year 2004 application not later than 30 days after the date of enactment of this Act. This title may be cited as the ``Department of Education Appropriations Act, 2004''. TITLE IV--RELATED AGENCIES Armed Forces Retirement Home For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home--Washington and the Armed Forces Retirement Home--Gulfport, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $65,279,000, of which $1,983,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home--Washington and the Armed Forces Retirement Home-- Gulfport. Corporation for National and Community Service 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 [[Page 267]] 118 STAT. 267 to digital program production, development, and distribution, associated with the transition of public broadcasting to digital broadcasting, to be awarded as determined by the Corporation in consultation with public radio and television licensees or permittees, or their designated representatives: Provided further, That for fiscal year 2004, in addition to the amounts provided above, $10,000,000 shall be for the costs associated with implementing the first phase of the next generation interconnection system. Federal Mediation and Conciliation Service 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, [[Page 268]] 118 STAT. 268 Pennsylvania, for educational programming for school districts, $100,000 shall be awarded to the Alutiiq Museum, Kodiak, Alaska, to support programs to teach students and adults how to develop traditional Native arts, $200,000 shall be awarded to the American Village Citizenship Trust, Montevallo, Alabama, for a national initiative for teaching American history and civics, $100,000 shall be awarded to the Arab Community Center for Economic and Social Services (ACCESS), Dearborn, Michigan, for exhibits and museum programs, $100,000 shall be awarded to the Ashland Community Arts Center, Ashland, Ohio, for Arts in Downtown project, $75,000 shall be awarded to the Athenaeum of Philadelphia, Philadelphia, Pennsylvania, to preserve library materials and access to information in the form of digital images on the Internet, $500,000 shall be awarded to the Beth Medrash Govoha, Lakewood, New Jersey, for equipment and exhibits for the Holocaust Library, $400,000 shall be awarded to the Bishop Museum in Hawaii, for activities to preserve the culture of Native Hawaiians, $400,000 shall be awarded to the Bishop Museum in Hawaii to develop Native Hawaiian cultural projects in collaboration with the Peabody Museum of Massachusetts and an Alaskan museum, $900,000 shall be awarded to the Burpee Museum of Natural History, Rockford, Illinois, for community outreach and educational activities, $100,000 shall be awarded to the Campbell Center for Historic Preservation Studies, Mount Carroll, Illinois, for community outreach and program planning, $200,000 shall be awarded to the Chaldean Community Culture Center, West Bloomfield, Michigan, for programs that promote Chaldean language, history, culture and teacher training, $250,000 shall be awarded to the Chapman University, Orange, California, for technological infrastructure, $250,000 shall be awarded to the Chartiers Valley Partnership, Inc., Carnegie, Pennsylvania, for technological upgrades and educational programs at the Andrew Carnegie Free Library, $113,000 shall be awarded to the Children's Museum at La Habra, California, for a Hands On English Program, $144,000 shall be awarded to the Children's Museum of History, Natural History, Science and Technology, Utica, New York, for technology improvements, staffing and training, $400,000 shall be awarded to the Cincinnati Museum Center at Union Terminal, Cincinnati, Ohio, to develop and implement an integrated curriculum that will utilize its resources in art, science, and history when visiting the museum, $150,000 shall be awarded to the City of Hemet, California, for Hemet Public Library, for library materials and technological equipment, $387,000 shall be awarded to the City of Whittier, California, for the Whittier Public Library Children's Area and History Room, $250,000 shall be awarded to the Cleveland Health Museum, Cleveland Ohio, for exhibits, $100,000 shall be awarded to the College of Physicians of Philadelphia, Philadelphia, Pennsylvania, to preserve medical library and art collection, $400,000 shall be awarded to the Davenport Music History Museum in Davenport, Iowa, $75,000 shall be awarded to the Delaware County Historical Society, Media, Pennsylvania, for educational programs highlighting historical themes and sites relating to Delaware County, $75,000 shall be awarded to the East Stroudsburg University, East Stroudsburg, Pennsylvania, to preserve and develop exhibits for their Vintage Radio Programs and Jazz Museum, $100,000 shall be awarded to the Elmwood Zoo, Norristown, Pennsylvania, for student education programs, $75,000 shall be awarded to the Erie County, [[Page 269]] 118 STAT. 269 Erie, Pennsylvania, for technology upgrades for the Erie County Library, $100,000 shall be awarded to the Fender Museum of the Arts Foundation, Corona, California, for the Kids Rock Free educational program, $200,000 shall be awarded to the Fine Arts Museums of San Francisco for the De Young Museum's Art Education Program, $1,500,000 shall be awarded to the Florida Holocaust Museum, St. Petersburg, Florida, for school outreach program, $750,000 shall be awarded to the Florida International Museum, St. Petersburg, Florida, for professional activities, $1,600,000 shall be awarded to the Folger Library, Washington, D.C., for exhibits, operations, and public programs including education and outreach, $50,000 shall be awarded to the Forsyth County Public Library, Winston- Salem, North Carolina, for salaries, supplies, personnel and materials, $50,000 shall be awarded to the Gault Family Learning Center, Wooster, Ohio, for PALS/Parenting Resource Center/Growing Together, $250,000 shall be awarded to the General George S. Patton Jr. National Museum of Cavalry and Armor, Fort Knox, Kentucky, $500,000 shall be awarded to the George C. Marshall Foundation in Lexington, Virginia, for exhibit design and development and collection preservation, $500,000 shall be awarded to the Grout Museum, Waterloo, Iowa, for exhibits and design of the Sullivan Brothers Veterans Museum and Research Center, $200,000 shall be awarded to the Heritage Harbor Museum of Providence, Rhode Island, for exhibit design and development relating Rhode Island and American history, $150,000 shall be awarded to the Hernando County Library System, Florida, for technology improvements at West Hernando Branch Library, Brooksville Main Library, Spring Hill Library, and East Hernando Branch Library, $250,000 shall be awarded to the Hesperia Community Library, Hesperia, California, $200,000 shall be awarded to the Historical Society of Western Pennsylvania, Pittsburgh, Pennsylvania, for exhibit and curriculum development for the Western Pennsylvania Sports Museum at the Senator John Heinz Pittsburgh Regional History Center, $150,000 shall be awarded to the Historical Society of Western Pennsylvania, Pittsburgh, Pennsylvania, for exhibit design and development for the Meadowcraft Museum of Rural Life, $250,000 shall be awarded to the Idaho State University, Pocatello, Idaho, for a Virtual Idaho Museum of Natural History project, $50,000 shall be awarded to the Imaginarium Science Center, Anchorage, Alaska, to develop science exhibits and distance delivery modules, $100,000 shall be awarded to the International Museum of Women to develop exhibits on the history of women's lives worldwide, $100,000 shall be awarded to the International Storytelling Center, Jonesborough, Tennessee, $100,000 shall be awarded to the James Ford Bell Museum of Natural History, Minneapolis, Minnesota, to produce detailed exhibit design and development, $100,000 shall be awarded to the Kishacoquillas Valley Historical Society, Allensville, Pennsylvania, for care and preservation of collection, $100,000 shall be awarded to the Lafayette College, Easton, Pennsylvania, for technology updates to the Skillman Library, $166,000 shall be awarded to the Madera County Resource Management Agency, Madera, California, $21,000 shall be awarded to the Magic House, Kirkwood, Missouri for the development and design of interactive exhibits and software to be used within The Magic Library to support family literacy, $100,000 shall be awarded to the Mary Meuser Memorial Library, Easton, Pennsylvania, for library upgrades, [[Page 270]] 118 STAT. 270 $250,000 shall be awarded to the Metropolitan Museum of Art, New York, in conjunction with the Fairbanks Museum of Art and the Anchorage Museum of History and Art, for costs of mounting the exhibit and for costs associated with bringing the exhibit to Alaska, $350,000 shall be awarded to the Michigan Space and Science Center, Jackson, Michigan, for development of the strategic plan, operational costs and personnel, $450,000 shall be awarded to the Mississippi Department of Archives and History, Jackson, Mississippi, to complete the preservation and restoration of the Eudora Welty House, $75,000 shall be awarded to the Mobile Museum of Art, Mobile, Alabama, for equipment and supplies, and for exhibit design and development, $100,000 shall be awarded to the Morehouse College Library, Atlanta, Georgia, for historical preservation of documents and records, $100,000 shall be awarded to the Mother Bethel Foundation, Philadelphia, Pennsylvania, for care and preservation of collection at the Richard Allen Museum, $225,000 shall be awarded to the Museum of Aviation Foundation Inc., Warner Robins, Georgia, $250,000 shall be awarded to the Museum of Broadcast Communications, Chicago, Illinois, for educational programming, $1,000,000 shall be awarded to the Museum of Science in Boston, Massachusetts, for technology upgrades and equipment for the National Center for Technology Literacy, $100,000 shall be awarded to the Mystic Seaport, the Museum of America and the Sea, Mystic, Connecticut, to support collections, $50,000 shall be awarded to the National Canal Museum, Easton, Pennsylvania, for educational programming and exhibits on the use of transportation and industrial technology along the Lehigh Canal, $400,000 shall be awarded to the National Center for American Revolution, Wayne, Pennsylvania, for exhibit design and curriculum development for the Museum of the American Revolution at Valley Forge National Historic Park, $50,000 shall be awarded to the National Center for the Study of Civil Rights and African-American Culture, Alabama State University, Montgomery, Alabama, for support of events leading into the 50th anniversary of the Montgomery Bus Boycott, $500,000 shall be awarded to the National Civil Rights Museum in Memphis for exhibit design and development, and for educational programs, $16,000 shall be awarded to the National Distance Running Hall of Fame, Utica, New York, for display cases and to establish new interactive displays, $500,000 shall be awarded to the National Liberty Museum, Philadelphia, Pennsylvania, for a teacher training program to assist educators in addressing violence in schools, $650,000 shall be awarded to the National Mississippi River Museum and Aquarium in Dubuque, Iowa for exhibits, $200,000 shall be awarded to the National Museum of American Jewish History, Philadelphia, Pennsylvania, for online educational programming and technology modernization, $1,000,000 shall be awarded to the National Museum of Women in the Arts, Washington, D.C., $1,000,000 shall be awarded to the Native American Cultural and Educational Authority, Oklahoma City, Oklahoma, for the Oklahoma Native American Culture Center and Museum, to be expended only upon meeting the matching requirements in title III, section 301(b)(2)(B) of Public Law 107-331, $300,000 shall be awarded to the Negro Leagues Baseball Museum, Kansas City, Missouri, for exhibits for the Double Play Action Center, $400,000 shall be awarded to the New York Botanical Garden's Virtual Herbarium imaging project in Bronx, New York, $900,000 shall be awarded to the New York [[Page 271]] 118 STAT. 271 Hall of Science to develop, expand, and display science-related educational materials, $420,000 shall be awarded to the Niagara County Historical Society, Lockport, New York, to create a state-of-the-art interpretive museum, $50,000 shall be awarded to the Northwest Museum of Arts and Culture, Spokane, Washington, for the Star Nations Program, $210,000 shall be awarded to the O. Winston Link Museum, Roanoke, Virginia, for displays and digitization, $150,000 shall be awarded to the Piper's Opera House Programs, Inc., Virginia City, Nevada, for exhibit design and development, educational programming, and technology modernization, $100,000 shall be awarded to the Pittsburgh Children's Museum, Pittsburgh, Pennsylvania, to expand arts and after-school programs for at-risk children, $50,000 shall be awarded to the Placer County Library, Auburn, California, to enhance library collection through the purchase of library materials, $977,000 shall be awarded to the Plano Community Library District, Plano, Illinois, for expenses related to the library, $725,000 shall be awarded to the Please Touch Museum, Philadelphia, Pennsylvania, to develop educational programs focusing on hands-on learning experiences, $100,000 shall be awarded to the Plumas County Library, Quincy, California, for library materials, $25,000 shall be awarded to the Putnam County Commissioners, Winfield, West Virginia, for technology for the public library system in Putnam County, $200,000 shall be awarded to the Rock and Roll Hall of Fame and Museum, Cleveland, Ohio, for the Rockin' the Schools education program, $50,000 shall be awarded to the Saint Tikhon's Theological Seminary, South Canaan, Pennsylvania, for care and preservation of Russian artifacts, $250,000 shall be awarded to the San Bernardino County, San Bernardino, California, for the San Bernardino County Museum, $100,000 shall be awarded to the Serra Cooperative Library System, San Diego, California, to provide Live Homework Help Project to help students with expert tutors for real-time online instructions, $100,000 shall be awarded to the Simon Wiesenthal Center's Los Angeles Museum for Tolerance, Los Angeles, California, for the Tools for Tolerance for Educators program to provide teacher training in diversity, tolerance and cooperation, $25,000 shall be awarded to the Southern New Hampshire Services, Inc., Manchester, New Hampshire, for exhibit acquisition for SEE Science Center, $400,000 shall be awarded to the Speed Art Museum, Louisville, Kentucky, $100,000 shall be awarded to the Standing Bear Museum and Learning Center, Ponca City, Oklahoma, $1,000,000 shall be awarded to the State Historical Society of Iowa in Des Moines, Iowa, for the development of exhibits for the World Food Prize, $200,000 shall be awarded to the Taft Museum of Art, Cincinnati, Ohio, for educational programming and exhibits, $1,000,000 shall be awarded to the Tennessee State University African American History Museum, Nashville, Tennessee, to enhance the library facilities which will include new exhibits, expanded archives, and research programs, $24,000 shall be awarded to The Arts Guild of Old Forge, Old Forge, New York, for the new exhibits spaces and educational programs, $50,000 shall be awarded to the Tifton- Tift County Public Library, Tifton, Georgia, $60,000 shall be awarded to the Tillamook County Library, Tillamook, Oregon, for design and development of exhibits and educational programs, $100,000 shall be awarded to the Town of Greece, Rochester, New York, for the Greece Public Library Security program, $50,000 shall be awarded to the Tuskegee [[Page 272]] 118 STAT. 272 Multicultural Center, Tuskegee, Alabama, to provide for technology enhancements and installation of exhibits, $400,000 shall be awarded to the University of Idaho for digital archiving and preservation of historically significant American music and facilitating its access to students and scholars nationwide, $500,000 shall be awarded to the Vietnam Archives Center at Texas Tech University, Lubbock, Texas, for technology infrastructure, $250,000 shall be awarded to the Virginia Historical Society, Richmond, Virginia, to assist with educational programmatic development and for cataloging and archiving of business history records, $100,000 shall be awarded to the Virginia Living Museum for the expansion of its educational programs in its capital campaign project, $100,000 shall be awarded to the Westminster College Library, New Willmington, Pennsylvania, for technology upgrades and computers and community programming, $600,000 shall be awarded to the WWII Victory Memorial Museum, Auburn, Indiana, for interpretive dioramas, education, research library and visual documentary, and $100,000 shall be awarded to the Zimmer Children's Museum, Los Angeles, California, to expand the youTHink education program. Medicare Payment Advisory Commission 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 [[Page 273]] 118 STAT. 273 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes. National Mediation Board 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 [[Page 274]] 118 STAT. 274 Inspector General Act of 1978, as amended, not more than $6,600,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account: Provided, That none of the funds made available in any other paragraph of this Act may be transferred to the Office; used to carry out any such transfer; used to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative services for the Office; used to pay any salary, benefit, or award for any personnel of the Office; used to pay any other operating expense of the Office; or used to reimburse the Office for any service provided, or expense incurred, by the Office. Social Security Administration 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 [[Page 275]] 118 STAT. 275 Administration pursuant to section 7131 of title 5, United States Code, and for facilities or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title shall be made by the Secretary of the Treasury, with interest, from amounts in the general fund not otherwise appropriated, as soon as possible after such expenditures are made. In addition, $120,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93-66, which shall remain available until expended. To the extent that the amounts collected pursuant to such section 1616(d) or 212(b)(3) in fiscal year 2004 exceed $120,000,000, the amounts shall be available in fiscal year 2005 only to the extent provided in advance in appropriations Acts. From funds previously appropriated for this purpose, any unobligated balances at the end of fiscal year 2003 shall be available to continue Federal-State partnerships which will evaluate means to promote Medicare buy-in programs targeted to elderly and disabled individuals under titles XVIII and XIX of the Social Security Act. 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. [[Page 276]] 118 STAT. 276 Sec. 503. (a) No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive- legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself. (b) No part of any appropriation contained in this Act shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature. Sec. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for ``Salaries and expenses, Federal Mediation and Conciliation Service''; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for ``Salaries and expenses, National Mediation Board''. Sec. 505. Notwithstanding any other provision of this Act, no funds appropriated under this Act shall be used to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. Sec. 506. (a) It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. (b) In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. (c) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 507. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state: (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. [[Page 277]] 118 STAT. 277 Sec. 508. (a) NOTE: Abortion. None of the funds appropriated under this Act, and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for any abortion. (b) None of the funds appropriated under this Act, and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) The term ``health benefits coverage'' means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement. Sec. 509. (a) The limitations established in the preceding section shall not apply to an abortion-- (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds). (c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State's or locality's contribution of Medicaid matching funds). Sec. 510. (a) None of the funds made available in this Act may be used for-- (1) NOTE: Embryos. the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)). (b) For purposes of this section, the term ``human embryo or embryos'' includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. Sec. 511. (a) NOTE: Drugs and drug abuse. None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established by section 202 of the Controlled Substances Act (21 U.S.C. 812). (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. Sec. 512. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if-- [[Page 278]] 118 STAT. 278 (1) such entity is otherwise a contractor with the United States and is subject to the requirement in section 4212(d) of title 38, United States Code, regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity. Sec. 513. None of the funds made available in this Act may be used to promulgate or adopt any final standard under section 1173(b) of the Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard. Sec. 514. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. Sec. 515. (a) In General.--Amounts made available under this Act for the administrative and related expenses for departmental management for the Department of Labor, the Department of Health and Human Services, and the Department of Education shall be reduced on a pro rata basis by $50,000,000: Provided, That not later than NOTE: Deadline. Reports. 15 days after the enactment of this Act, the Director of the Office of Management and Budget shall report to the House and Senate Committees on Appropriations the accounts subject to the pro rata reductions and the amount to be reduced in each account. (b) Limitation.--The reduction required by subsection (a) shall not apply to the Food and Drug Administration and the Indian Health Service. Sec. 516. None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act (20 U.S.C. 9134(f)), as amended by the Children's Internet Protections Act, unless such library has made the certifications required by paragraph (4) of such section. Sec. 517. None of the funds made available by this Act to carry out part D of title II of the Elementary and Secondary Education Act of 1965 may be made available to any elementary or secondary school covered by paragraph (1) of section 2441(a) of such Act (20 U.S.C. 6777(a)), as amended by the Children's Internet Protections Act and the No Child Left Behind Act, unless the local educational agency with responsibility for such covered school has made the certifications required by paragraph (2) of such section. This division may be cited as the ``Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2004''. [[Page 279]] 118 STAT. 279 DIVISION F--DEPARTMENTS NOTE: Transportation, Treasury, and Independent Agencies Appropriations Act, 2004. OF TRANSPORTATION AND TREASURY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004 An Act Making appropriations for the Departments of Transportation and Treasury, and independent agencies for the fiscal year ending September 30, 2004, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation and Treasury and independent agencies for the fiscal year ending September 30, 2004, and for other purposes, namely: TITLE I DEPARTMENT OF TRANSPORTATION Office of the Secretary 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 [[Page 280]] 118 STAT. 280 fees authorized in Public Law 107-71, there may be credited to this appropriation up to $2,500,000 in funds received in user fees: Provided further, That none of the funds provided in this Act shall be available for the position of Assistant Secretary for Public Affairs. 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. [[Page 281]] 118 STAT. 281 41731 through 41742, $52,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended. Federal Aviation Administration 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 [[Page 282]] 118 STAT. 282 amount appropriated under this heading, not to exceed $50,000 may be transferred to the Aircraft Loan Purchase Guarantee Program: Provided further, NOTE: Deadline. Regulations. 5 USC 8335 note. 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 [[Page 283]] 118 STAT. 283 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. [[Page 284]] 118 STAT. 284 General Provisions--Federal Aviation Administration Sec. 101. NOTE: 49 USC 44502 note. Notwithstanding any other provision of law, airports may transfer, without consideration, to the Federal Aviation Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications, the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement program grant: Provided, That, the Federal Aviation Administration shall accept such equipment, which shall thereafter be operated and maintained by FAA in accordance with agency criteria. Sec. 102. None of the funds in this Act may be used to compensate in excess of 350 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2004. Sec. 103. None of the funds made available in this Act may be used for engineering work related to an additional runway at Louis Armstrong New Orleans International Airport. Sec. 104. None of the funds in this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, That the prohibition of funds in this section does not apply to negotiations between the agency and airport sponsors to achieve agreement on ``below-market'' rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities. Sec. 105. For an airport project that the Administrator of the Federal Aviation Administration (FAA) determines will add critical airport capacity to the national air transportation system, the Administrator is authorized to accept funds from an airport sponsor, including entitlement funds provided under the ``Grants-in-Aid for Airports'' program, for the FAA to hire additional staff or obtain the services of consultants: Provided, That the Administrator is authorized to accept and utilize such funds only for the purpose of facilitating the timely processing, review, and completion of environmental activities associated with such project. Sec. 106. None of the funds appropriated or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro Airport in Teterboro, New Jersey. Sec. 107. None of the funds appropriated or otherwise made available by this Act may be obligated or expended to establish or implement a pilot program under which not more than 10 designated essential air service communities located in proximity to hub airports are required to assume 10 percent of their essential air subsidy costs for a 4-year period, commonly referred to as the EAS local participation program. Sec. 108. Notwithstanding any other provision of law, the costs of construction of terminal and hangar buildings are allowable for an airport development project at Somerset-Pulaski County Airport-J.T. Wilson Field, Kentucky, and at Pryor Field Regional Airport, Decatur, Alabama, under chapter 471 of title 49, United States Code. [[Page 285]] 118 STAT. 285 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, non- profit or for-profit corporation, or institution of higher education. Federal-Aid Highways (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) None NOTE: 23 USC 104 note. of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are in excess of $33,843,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 2004: Provided, That within the $33,843,000,000 obligation limitation on Federal-aid highways and highway safety construction programs, not more than $462,500,000 shall be available for the implementation or execution of programs for transportation research (sections 502, 503, 504, 506, 507, and 508 of title 23, United States Code, as amended; section 5505 of title 49, United States Code, as amended; and sections 5112 and 5204- 5209 of Public Law 105-178) for fiscal year 2004: Provided further, That this limitation on transportation research programs shall not apply to any authority previously made available for obligation: Provided further, That within the $232,000,000 obligation limitation on Intelligent Transportation Systems, the following sums shall be made available for Intelligent Transportation System projects that are designed to achieve the goals and purposes set forth in section 5203 of the Intelligent Transportation Systems Act of 1998 (subtitle C of title V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the following specified areas: City of Huntsville, Alabama, ITS, $4,500,000; 511 Traveler Information Program in North Carolina, $400,000; Advanced Ticket Collection and Passenger Information Systems, New Jersey, $750,000; Advanced Traffic Analysis Center, North Dakota, $200,000; Advanced Transportation Management Systems (ATMS), Montgomery County, Maryland, $500,000; Alameda Corridor-East Gateway to America Project Phase II, Los Angeles, California, $1,200,000; Alexandria ITS Real-Time Transit Enhancement Pilot Project, $410,000; Altarum Restricted Use Technology Study, $1,750,000; Altoona, Pennsylvania, ITS, $800,000; Amber Alert Multi-Regional Strategic Plan, $400,000; [[Page 286]] 118 STAT. 286 ATR Transportation Technology/CVISN, New Mexico, $175,000; Auburn, Auburn Way South ITS, Washington, $1,600,000; Bay County Area Wide Traffic Signal System, $750,000; Cargo Watch Logistics Information System, New York, $2,500,000; Carson Passenger Information System, $300,000; CCTA Intelligent Transportation Systems, Vermont, $300,000; City of Baltimore, Maryland Traffic Congestion Management, $200,000; City of Boston Intelligent Transportation Systems, Massachusetts, $1,000,000; City of New Rochelle, NY Traffic Signal Replacement Program, $500,000; City of Santa Rosa, Intelligent Transportation System, $300,000; Clark County Transit, VAST ITS, Washington, $1,600,000; Computerization of traffic signals in Ashtabula, Ohio, $14,000; Corona City-wide automated traffic management system, $1,000,000; DelTrac Statewide Integration, Delaware, $1,000,000; Demonstration project to deploy Geospatial Emergency & Response System (GEARS) for transportation, $150,000; Detroit Metro Airport ITS, $350,000; DuPage County Signal Interconnection Project, $300,000; Elk Grove Traffic Operations Center, $960,000; Fairfax County Route 1 Traffic Synchronization ITS Pilot Project, $500,000; FAST Las Vegas (ITS--Phase 2)--Construction, $300,000; Fiber Optic Signal Interconnect System, Tuscon, Arizona, $3,500,000; George Washington University, Virginia Campus, $500,000; Germantown Parkway ITS Project, Tennessee, $3,000,000; GMU ITS Research, Virginia, $500,000; Great Lakes ITS, Michigan, $3,000,000; Greater Philadelphia Chamber of Commerce ITS System, Pennsylvania, $1,500,000; Harbor Boulevard Intelligent Transportation, $800,000; Hawthorne Street Public Access Improvements, New Bedford, Massachusetts, $150,000; Hillsborough Area Regional Transit: Bus Tracking, Communication and Security, Florida, $750,000; Houma, Louisiana, $1,250,000; Houston ITS, $1,500,000; I-70 Incident Management Plan Implementation, Colorado, $2,500,000; I-87 Highway Speed E-Z Pass at the Woodbury Toll Barrier, $1,750,000; I-87 Smart Corridor, $1,000,000; I-90 Phase 2 Connector ITS Testbed--Town of North Greenbush--Rensselaer County, New York, $200,000; Illinois Statewide ITS, $3,000,000; Implementation of Wisconsin DOT's Fiber Optics Network, $1,000,000; [[Page 287]] 118 STAT. 287 Integration and Implementation of DYNASMART-X, RHODES and CLAIRE in Houston, Texas, $500,000; Intelligent Transportation System (Kansas City metro area), $200,000; Intelligent Transportation Systems--Phases II and III, Ohio, $700,000; Intelligent Transportation Systems Deployment Project, Inglewood, California, $500,000; Intelligent Transportation Systems, City of Wichita Transit Authority, $750,000; Intelligent Transportation Systems, Statewide and Commercial Vehicle Information Systems Network, Maryland, $750,000; Intelligent Transportation Systems, Washington, D.C. Region, $500,000; Intersection Signalization Project for the City of Virginia Beach, Virginia, $500,000; Iowa Transportation Systems, $750,000; ITS Baton Rouge, Louisiana, $1,250,000; ITS Expansion in Davis and Utah Counties, Utah, $1,250,000; ITS Logistics and Systems Management for the Gateway Cities, $250,000; ITS Technologies, San Antonio, Texas, $200,000; ITS, Cache Valley, Utah, $1,000,000; Jacksonville Transportation Authority, Intelligent Transportation Initiative--Regional Planning, Florida, $750,000; King County, County-wide Signal Program, Washington, $1,500,000; Lincoln, Nebraska StarTran Automatic Vehicle Locator System, $1,000,000; Los Angeles MTA Regional Universal Fare System, $500,000; Macomb County ITS Integration, Michigan, $600,000; Maine Statewide ITS, $1,000,000; Market Street Signalization Improvements, $100,000; MARTA Automated Fare Collection/Smart Card System, Georgia, $700,000; Metrolina Transportation Management Center, $1,750,000; Mid-America Surface Transportation Water Research Institute, North Dakota, $500,000; Minnesota Guidestar, $1,250,000; Missouri Statewide Rural ITS, $4,000,000; Mobile Data Computer Network Phase II (MDCN), Wisconsin, $2,200,000; Monroe County ATMS ITS Deployment Project, $800,000; Montachusett Area Regional Transit (MART) AVLS, Massachusetts, $240,000; Multi Region Advanced Traveler Information System (ATIS) for the IH-20 Corridor--Phase 1 in Texas, $550,000; Nebraska Statewide Intelligent Transportation System Deployment, $1,000,000; New York State Thruway Authority Traffic Operation Package for I-95 and I-87, $1,676,000; North Bergen, New Jersey Traffic Signalization Replacement, $1,000,000; [[Page 288]] 118 STAT. 288 Oklahoma Statewide ITS, $4,000,000; Palm Tran, Palm Beach County, Florida--Automated Vehicle Location and Mobile Data Terminals, $1,000,000; Portland State University Intelligent Transportation Research Initiative, $400,000; Program of Projects, Washington, $2,000,000; Project Hoosier SAFE-T, $2,000,000; Real Time Transit Passenger Information System for the Prince George's County Dept. of Public Works, Maryland, $1,000,000; Regional Intelligent Transportation System, Springfield, Missouri, $2,000,000; Regional ITS Architecture and Deployment Plan for the Eagle Pass Region and Integrate with Laredo, $300,000; Roosevelt Boulevard ITS Enhancement Pilot Program, $750,000; Rural Freeway Management System Implementation for the IH-20 Corridor in the Tyler Region--Phase 1, $200,000; Sacramento Area Council of Governments--ITS Projects, California, $1,175,000; San Diego Joint Transportation Operations Center, $400,000; Seacoast Intelligent Transportation System Congestion Relief Project, $1,000,000; Seattle City Center ITS, Washington, $2,500,000; Shreveport Intelligent Transportation System, Louisiana, $1,000,000; South Carolina DOT Inroads Intelligent Transportation System, $3,500,000; Spotswood Township, NJ; Expand and improve traffic flow with road improvements, $250,000; SR 924 ITS Integration Project, $1,000,000; SR 112 ITS Integration Project, $300,000; Statewide AVL Initiative, Nebraska, $300,000; Swatara Township, Pennsylvania--Traffic Signalization Improvements, $100,000; TalTran ITS Smartbus Program, Florida, $1,750,000; Texas Medical Center EMS Early Warning Transportation System, $1,000,000; Texas Statewide ITS Deployment and Integration, City of Lubbock, $400,000; Texas Statewide ITS Deployment and Integration, Port of Galveston, $400,000; Town of Cary Computerized Traffic Signal Project, North Carolina, $800,000; Traffic Signal Controllers & Cabinets, District of Columbia, $400,000; TRANSCOM Regional Architecture & TRANSMIT project, NJ, NY, & CT, $500,000; Transportation Research Center (TRC) for Freight, Trade, Security, and Economic Strength, Georgia, $500,000; Tukwila, Signalization Interconnect and Intelligent Transportation, Washington, $1,400,000; Twin Cities, Minnesota Redundant Communications Pilot, $1,000,000; Tysons Transportation Association--ITS, $250,000; University of Kentucky Transportation Center, $1,000,000; [[Page 289]] 118 STAT. 289 Ventura County Intelligent Transportation System, $1,000,000; West Baton Rouge Parish Joint Operations Emergency Communications Center, $800,000; Wisconsin CVISN Level One Deployment, $800,000; and Wyoming Statewide ITS Initiative, $4,000,000. 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 [[Page 290]] 118 STAT. 290 301 of title 49, United States Code, and part C of subtitle VI of title 49, United States Code: Provided, That funds shall be made available from a State's available unobligated balances in the programs funded under sections 1101(a)(1) through (5) of Public Law 105-178, as amended, in the ratio that the State's total amount of funds apportioned under such programs for fiscal year 2003 bears to the total amount of funds apportioned to all States under such programs: Provided further, That the funds made available under this heading may be transferred by the Secretary to another Federal agency, such funds to be then administered by the procedures of the Federal agency to which such funds are transferred: Provided further, That none of the funds provided to the National Highway Traffic Safety Administration may be obligated or expended to plan, finalize, or implement any rulemaking to add to section 575.104 of title 49, Code of Federal Regulations any requirement pertaining to a grading standard that is different from the three grading standards (treadwear, traction, and temperature resistance) already in effect: Provided further, That all funds made available for obligation under this heading shall be available in the same manner as though such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share payable on account of any program, project, or activity carried out with funds made available under this heading shall be 100 percent and such funds shall remain available for obligation until expended: Provided further, That all funds made available under this heading shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs set forth in this Act or any other Act. Federal-Aid Highways (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) NOTE: 23 USC 104 note. For fiscal year 2004, the Secretary of Transportation shall-- (1) not distribute from the obligation limitation for Federal-aid Highways amounts authorized for administrative expenses and programs funded from the administrative takedown authorized by section 104(a)(1)(A) of title 23, United States Code, for the highway use tax evasion program, for the Bureau of Transportation Statistics and for the programs, projects, and activities for which funds are made available under the heading [[Page 291]] 118 STAT. 291 ``Federal-Aid Highways, Miscellaneous Highway and Highway Safety Programs'' in this Act; (2) not distribute an amount from the obligation limitation for Federal-aid Highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highways and highway safety programs for the prior fiscal years the funds for which are allocated by the Secretary; (3) determine the ratio that-- (A) the obligation limitation for Federal-aid Highways less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to (B) the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction programs (other than sums authorized to be appropriated for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(8)) for such fiscal year less the aggregate of the amounts not distributed under paragraph (1) of this subsection; (4) distribute the obligation limitation for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) for section 201 of the Appalachian Regional Development Act of 1965 and $2,000,000,000 for such fiscal year under section 105 of title 23, United States Code (relating to minimum guarantee) so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such section (except in the case of section 105, $2,000,000,000) for such fiscal year; (5) distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraph (4) for each of the programs that are allocated by the Secretary under title 23, United States Code (other than activities to which paragraph (1) applies and programs to which paragraph (4) applies) by multiplying the ratio determined under paragraph (3) by the sums authorized to be appropriated for such program for such fiscal year; and (6) distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed under paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highways and highway safety construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for the minimum guarantee program for such fiscal year exceed $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under title 23, United States Code, in the ratio that-- (A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal year, bear to (B) the total of the sums authorized to be appropriated for such programs that are apportioned to all States for such fiscal year. [[Page 292]] 118 STAT. 292 (b) Exceptions From Obligation Limitation.--The obligation limitation for Federal-aid Highways shall not apply to obligations: (1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface Transportation Assistance Act of 1978; (3) under section 9 of the Federal-Aid Highway Act of 1981; (4) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982; (5) under sections 149(b) and 149(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987; (6) under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; (7) under section 157 of title 23, United States Code, as in effect on the day before the date of the enactment of the Transportation Equity Act for the 21st Century; (8) under section 105 of title 23, United States Code (but, only in an amount equal to $639,000,000 for such fiscal year); and for Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century or subsequent public laws for multiple years or to remain available until used, but only to the extent that such obligation authority has not lapsed or been used. (c) Redistribution of Unused Obligation Authority.--Notwithstanding subsection (a), the Secretary shall after August 1 for such fiscal year revise a distribution of the obligation limitation made available under subsection (a) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1943-1945). (d) Applicability of Obligation Limitations to Transportation Research Programs.--The obligation limitation shall apply to transportation research programs carried out under chapter 5 of title 23, United States Code, except that obligation authority made available for such programs under such limitation shall remain available for a period of 3 fiscal years. (e) Redistribution NOTE: Deadline. of Certain Authorized Funds.--Not later than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds: (1) that are authorized to be appropriated for such fiscal year for Federal-aid highways programs (other than the program under section 160 of title 23, United States Code) and for carrying out subchapter I of chapter 311 of title 49, United States Code, and highway-related programs under chapter 4 of title 23, United States Code; and (2) that the Secretary determines will not be allocated to the States, and will not be available for obligation, in such fiscal year due to the imposition of any obligation limitation for such fiscal year. Such distribution to the States shall be made in the same ratio as the distribution of obligation authority under subsection (a)(6). The funds so distributed shall be available for any purposes described in section 133(b) of title 23, United States Code. (f) Special Rule.--Obligation limitation distributed for a fiscal year under subsection (a)(4) of this section for a section set forth [[Page 293]] 118 STAT. 293 in subsection (a)(4) shall remain available until used and shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (g) Of the obligation authority distributed to a State under subsection (a)(6), an amount of obligation authority equal to the amount for each surface transportation project in such State identified in section 115 of the statement of managers accompanying this Act shall be available for carrying out each project. (h) The obligation limitation made available for the programs, projects, and activities for which funds are made available under the heading ``Federal-Aid Highways, Miscellaneous Highway and Highway Safety Program'' of this Act shall remain available until used and shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. Sec. 111. Notwithstanding any other provision of law: (1) Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 191; 115 Stat. 871) is amended-- (A) in paragraph (42), by striking ``Fulton, Mississippi,'' the first time that it appears and all that follows to the end of the paragraph and inserting ``Fulton, Mississippi.''; and (B) by adding at the end the following: ``(45) The United States Route 78 Corridor from Memphis, Tennessee, to Corridor X of the Appalachian development highway system near Fulton, Mississippi, and Corridor X of the Appalachian development highway system extending from near Fulton, Mississippi, to near Birmingham, Alabama.''. (2) Section 1105(e)(5) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 115 Stat. 872) is amended-- (A) in subparagraph (A) by striking ``(A) In general.--The portions'' and all that follows through the end of the first sentence and inserting: ``(A) In general.--The portions of the routes referred to in subsection (c)(1), subsection (c)(3) (relating solely to the Kentucky Corridor), clauses (i), (ii), and (except with respect to Georgetown County) (iii) of subsection (c)(5)(B), subsection (c)(9), subsections (c)(18) and (c)(20), subsection (c)(36), subsection (c)(37), subsection (c)(40), subsection (c)(42), and subsection (c)(45) that are not a part of the Interstate System are designated as future parts of the Interstate System.''; and (B) by adding the following at the end of subparagraph (B)(i): ``The route referred to in subsection (c)(45) is designated as Interstate Route I- 22.''. Sec. 112. Notwithstanding any other provision of law, in section 1602 of the NOTE: 112 Stat. 256. Transportation Equity Act for the 21st Century: (1) Item number 230 is amended by striking ``Monroe County transportation improvements on Long Pond Road, Pattonwood Road, and Lyell road'' and inserting ``Route 531/Brockport-Rochester Corridor in Monroe County, New York''. (2) Item number 1149 is amended by striking ``Traffic Mitigation Project on William Street and Losson Road in Cheektowaga'' and inserting ``Study and implement mitigation [[Page 294]] 118 STAT. 294 and diversion options for William Street and Broadway Street in Cheektowaga, I-90 Corridor Study; Interchange 53 to Interchange 49, PIN 552830 and Cheektowaga Rails to Trails, PIN 575508''. (3) Item number 476 is amended by striking ``Expand Perkins Road in Baton Rouge'' and inserting ``Feasibility study, design, and construction of a connector between Louisiana Highway 1026 and I-12 in Livingston Parish''. (4) Item 4 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century, relating to construction of a bike path in Michigan, is amended by striking ``between Mount Clemens and New Baltimore'' and inserting ``for the Macomb Orchard Trail in Macomb County''. (5) Item number 1077 is amended by striking ``Construct I- 95-I-26 interchange, Orangeburg Co'' and inserting ``Expand Transportation Research Center, South Carolina State University, Orangeburg, SC''. (6) Item number 897 is amended by striking ``Upgrade Bishop Ford Expressway/142nd St. interchange'' and inserting ``Road upgrade and access road near the intersection of I-80 and I-57 in Country Club Hills, Illinois''. (7) Item number 436 is amended by inserting after ``Ohio River Major Investment Study Project, Kentucky and Indiana'' the following: ``, and preliminary engineering and right of way acquisition associated with the project''. Sec. 113. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: Provided, That such funds shall be subject to the obligation limitation for Federal-aid highways and highway safety construction. Sec. 114. Intelligent Transportation Systems appropriations made to the State of Wisconsin in Public Law 105-277, Public Law 106-69, and Public Law 107-87 shall not be subject to the limitations of Public Law 105-178, section 5208(d), 23 U.S.C. 502 note. Sec. 115. Notwithstanding any other provision of law, from the available unobligated balances under the programs for which funds are authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105-178, as amended, of each State for which a project or projects in such State identified under this section in the statement of managers accompanying this Act shall be made available for necessary expenses to carry out such project: Provided, That the amount identified for each such project shall be made available from the State's unobligated balance in any of the five specified programs for which the project would be eligible, such selection to be at the option of the State: Provided further, That if a project is not otherwise eligible for funding under one of the five programs, then such project shall be deemed eligible and shall be funded from the unobligated balance of funds made available for the program for which funds are authorized under section 1101(a)(4) of Public Law 105- 178, as amended, but not including funds setaside pursuant to section 133(d) of title 23, United States Code: Provided further, That funds made available under this section may, at the request of a State, be transferred by the Secretary to another [[Page 295]] 118 STAT. 295 Federal agency to carry out a project funded under this section, such funds to be then administered by the procedures of the Federal agency to which such funds may be transferred: Provided further, That all funds made available for obligation under this section shall be available in the same manner as though such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share payable on account of any program, project, or activity carried out with funds made available under this heading shall be 100 percent and such funds shall remain available for obligation until expended: Provided further, That all funds made available in this section shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs set forth in this Act or any other Act. Sec. 116. NOTE: Wisconsin. Notwithstanding Public Law 105-178, section 5208(d), Intelligent Transportation Systems appropriations for-- (1) Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, in Public Law 105-277 and Public Law 106-69 shall be available for use in the counties of Ashland, Barron, Bayfield, Burnett, Chippewa, Douglas, Iron, Lincoln, Marathon, Polk, Portage, Price, Rusk, Sawyer, Taylor, Washburn, Wood, Clark, Langlade, and Oneida; and (2) the City of Superior and Douglas County, Wisconsin, in Public Law 106-69 shall be available for use in the City of Superior and northern Wisconsin. Sec. NOTE: Contracts. Nevada. Arizona. 117. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary of Transportation shall enter into an agreement with the State of Nevada, the State of Arizona, or both, to provide a method of funding for construction of a Hoover Dam Bypass Bridge from funds allocated for the Federal Lands Highway Program under section 202(b) of title 23, United States Code. (b) Methods of Funding.-- (1) The agreement entered into under subsection (a) shall provide for funding in a manner consistent with the advance construction and debt instrument financing procedures for Federal-aid highways set forth in section 115 and 122 of title 23, except that the funding source may include funds made available under the Federal Lands Highway Program. (2) Eligibility for funding under this subsection shall not be construed as a commitment, guarantee, or obligation on the part of the United States to provide for payment of principal or interest of an eligible debt financing instrument as so defined in section 122, nor create a right of a third party against the United States for payment under an eligible debt financing instrument. The agreement entered into pursuant to subsection (a) shall make specific reference to this provision of law. (3) The provisions of this section do not limit the use of other available funds for which the project referenced in subsection (a) is eligible. Sec. 118. NOTE: 105 Stat. 2060. Section 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, item number 8, is amended by striking ``To relocate'' and all that follows through ``Street'' and inserting the following, ``For road improvements and non-motorized enhancements in the Detroit East Riverfront, Detroit, Michigan''. [[Page 296]] 118 STAT. 296 Sec. 119. NOTE: Michigan. The funds provided under the heading ``Transportation and Community and System Preservation Program'' in Conference Report No. 106-940 for the Lodge Freeway pedestrian overpass, Detroit, Michigan, shall be transferred to, and made available for, enhancements in the East Riverfront, Detroit, Michigan. Sec. 120. NOTE: Michigan. The funds provided under the heading ``Transportation and Community and System Preservation Program'' in Conference Report No. 107-308 for the Eastern Market pedestrian overpass park, shall be transferred to, and made available for, enhancements in the East Riverfront, Detroit, Michigan. Sec. 121. Kansas Recreation Areas. Any unexpended balances of the amounts made available by the Consolidated Appropriations Resolution, 2003 (Public Law 108-7) from the Federal-aid highway account for improvements to Council Grove Lake, Kansas, shall be available to make improvements to Richey Cove, Santa Fe Recreation Area, Canning Creek Recreation Area, and other areas in the State of Kansas. Sec. 122. NOTE: 117 Stat. 413. Section 330 of Public Law 108-7 is amended to read as follows: In addition to amounts otherwise made available in this Act, to enable the Secretary of Transportation to make grants for surface transportation projects, $90,600,000 to remain available until expended: Provided, That notwithstanding any other provision of law, the surface transportation projects identified in the Joint Explanatory Statement of the Committee of Conference accompanying this Act are also eligible for funding made available by the immediately preceding clause of this provision: Provided further, That notwithstanding any other provision of law and the immediately preceding clause of this provision, the Secretary of Transportation may use amounts made available by this section to make grants for any surface transportation project otherwise eligible for funding under title 23 or title 49, United States Code. Sec. 123. (a) Section 14501 of title 40, United States Code, is amended in the third sentence by striking ``three thousand and twenty- five'' and inserting ``three thousand and ninety''. (b) There is hereby designated as Corridor X-1 in Alabama an addition to the Appalachian development highway system. Corridor X-1 shall extend approximately 65 miles along the alignment of the Birmingham Northern Beltline from Interstate 20/59, in the vicinity of Interstate 459 southwest of Birmingham, and extending northward crossing State Route 269 and Corridor X and continuing eastward crossing Interstate 65, United States Route 31, State Route 79, State Route 75, Interstate 59, United States Route 11, United States Route 411, and connecting to Interstate 20 to the east of Birmingham. Corridor X-1 shall be developed as a multi-lane freeway, with interchanges at appropriate crossroad locations. Sec. 124. Motorist Information Concerning Pharmacy Services. (a) In General.--Not NOTE: Deadline. later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall amend the Manual on Uniform Traffic Control Devices to include a provision permitting information to be provided to motorists to assist motorists in locating licensed 24-hour pharmacy services open to the public. (b) Logo Panel.--The provision under subsection (a) may allow placement of a logo panel that displays information disclosing the names or logos of pharmacies described in subsection (a) that are [[Page 297]] 118 STAT. 297 located within 3 miles of an interchange on the Federal-aid system (as defined in section 101 of title 23, United States Code). Sec. 125. Notwithstanding any other provision of law, funds obligated for pre-implementation costs, project design, and implementation costs of the I-15 Congestion Pricing Project, also known as the I-15 FasTrack project located in the city of San Diego shall be eligible for funding the costs incurred under such project. The Federal share payable for the total cost of the project shall not exceed 80 percent. Sec. 126. The project name in House Report No. 108-10, delineating projects referenced in division I, section 330, of the Fiscal Year 2003 Omnibus Appropriations Act, Public Law 108-7, is amended by striking ``Freight Enhancement KY Highlands, Kentucky,'' and inserting ``Kentucky Highlands, Freight Enhancement Revolving Loan Fund, Kentucky''. Notwithstanding any other provision of law, such revolving loan fund shall be eligible for the funding made available under this section and administered consistent with section 1511 of Public Law 105-178, except that such assistance shall be to assist in financing freight enhancement projects and that capitalization of such fund shall be limited to the amount made available by division I, section 330 of Public Law 108-7. Sec. 127. The amount made available for obligation in fiscal year 2003 for the project Kannapolis Parkway & Interstate 85 Interchange- Kannapolis, North Carolina as specified in section 329 of Public Law 108-7 and on page 1317 of the Joint Committee of the Conference pursuant to the Joint Resolution Making Consolidated Appropriations for fiscal year 2003 shall be reprogrammed and transferred to and made available for obligation for ``Kannapolis Industrial Park Access Road-Kannapolis, North Carolina''. Sec. 128. Section 378 of the Department of Transportation and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106-346; 114 Stat. 1356A-40) is amended by striking ``$5,000,000 for improvements to US 73 from State Avenue North to Marxen Road in Wyandotte County, Kansas'' and inserting ``$5,000,000 for improvements to US 73 from State Avenue north to Marxen Road, and along US 73 on State Avenue eastward to its terminus at I-435, in Wyandotte County, Kansas''. Sec. 129. Section 375 of division I of the Consolidated Appropriations Resolution, 2003 (117 Stat. 428) is amended by inserting before the period at the end the following: ``, including construction of a connector road between the newly relocated State Route 1045 and Saint Vincent College, Latrobe, PA''. Federal Motor Carrier Safety Administration Motor Carrier Safety limitation on administrative expenses (liquidation of contract authorization) (highway trust fund) Notwithstanding any other provision of law, none of the funds in this Act shall be available for expenses for administration of motor carrier safety programs and motor carrier safety research, the obligations for which are in excess of $176,070,000 for fiscal [[Page 298]] 118 STAT. 298 year 2004: Provided, That notwithstanding any other provision of law, for payment of obligations incurred to pay administrative expenses of the Federal Motor Carrier Safety Administration, $176,070,000, to be derived from the Highway Trust Fund and to remain available until expended. 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. NOTE: Reports. Funds appropriated or limited in this Act shall be subject to the terms and conditions stipulated in section 350 of Public Law 107-87, including that the Secretary submit a report to the House and Senate Appropriations Committees annually on the safety and security of transportation into the United States by Mexico- domiciled motor carriers. Sec. 131. No funds appropriated or otherwise made available by this Act may be used to implement or enforce any provisions of the Final Rule, issued on April 16, 2003 (Docket No. FMCSA-97-2350), with respect to either of the following: (1) The operators of utility service vehicles, as that term is defined in section 395.2 of title 49, Code of Federal Regulations. (2) Maximum daily hours of service for drivers engaged in the transportation of property or passengers to or from a motion picture or television production site located within a 100-air mile radius of the work reporting location of such drivers. National Highway Traffic Safety Administration 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 [[Page 299]] 118 STAT. 299 programs the total obligations for which, in fiscal year 2004, are in excess of $72,000,000 for programs authorized under 23 U.S.C. 403. 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, NOTE: Reports. That any State that uses funds for such public service messages shall submit to the Secretary a report describing and assessing the effectiveness of the messages: Provided further, That $10,000,000 of the funds allocated under section 157 of title 23, United States Code, shall be used as directed [[Page 300]] 118 STAT. 300 by the National Highway Traffic Safety Administrator to purchase national paid advertising (including production and placement) to support national safety belt mobilizations: Provided further, That, of the funds allocated under section 163 of title 23, United States Code, $2,750,000 shall be used as directed by the Administrator to support national impaired driving mobilizations and enforcement efforts, $14,000,000 shall be used as directed by the Administrator to purchase national paid advertising (including production and placement) to support such national impaired driving mobilizations and enforcement efforts, $500,000 shall be used as directed by the Administrator to conduct an evaluation of alcohol-impaired driving messages, and $3,000,000 shall be used as directed by the Administrator to conduct an impaired driving demonstration program. Sec. 141. Notwithstanding any other provision of law, funds appropriated or limited in the Act to educate the motoring public on how to share the road safely with commercial motor vehicles shall be administered by the National Highway Traffic Safety Administration. Sec. 142. Notwithstanding any other provision of law, for fiscal year 2004 the Secretary of Transportation is authorized to use amounts made available to carry out section 157 of title 23, United States Code, to make innovative project allocations, not to exceed the prior year's amounts for such allocations, before making incentive grants for use of seat belts. Sec. 143. Notwithstanding any other provision of law, for fiscal year 2004 the Secretary of Transportation is authorized to use the amounts made available to carry out section 163 of title 23, United States Code, to support national mobilizations that target impaired drivers, in cooperation with the States and nonprofit safety organizations that have been active participants in such mobilizations. Such support shall include impaired driving enforcement grants, broadcast advertising to be used as directed by the Secretary, evaluation of these activities, and a demonstration project to test new and improved strategies in States where the largest gains in reducing alcohol-related fatalities can be made, as determined by the Secretary. Federal Railroad Administration 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 [[Page 301]] 118 STAT. 301 pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That pursuant to section 502 of such Act, as amended, no new direct loans or loan guarantee commitments shall be made using Federal funds for the credit risk premium during fiscal year 2004: Provided further, That no payments of principal or interest shall be collected during fiscal year 2004 for the direct loan made to the National Railroad Passenger Corporation under section 502 of such Act. 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, NOTE: Deadline. That not later than 60 days after enactment of this Act, Amtrak shall transmit, in electronic format, to the Secretary of Transportation, the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, Science, and Transportation a comprehensive business plan approved by the Board of Directors for fiscal year 2005 under section 24104(a) [[Page 302]] 118 STAT. 302 of title 49, United States Code: Provided further, That the business plan shall include, as applicable, targets for ridership, revenues, and capital and operating expenses: Provided further, That the plan shall also include a separate accounting of such targets for the Northeast Corridor; commuter service; long-distance Amtrak service; state- supported service; each intercity train route; including Autotrain; and commercial activities including contract operations and mail and express: Provided further, That the business plan shall include a description of the work to be funded, along with cost estimates and an estimated timetable for completion of the projects covered by this business plan: Provided further, NOTE: Deadlines. Reports. That not later than December 1, 2003 and no later than 30 days following the last business day of the previous month thereafter, Amtrak shall submit to the Secretary of Transportation and the House and Senate Committees on Appropriations a supplemental report, in electronic format, regarding the pending business plan, which shall describe the work completed to date, any changes to the business plan, and the reasons for such changes: Provided further, That none of the funds in this Act may be used for operating expenses, including advance purchase orders, and capital projects not approved by the Secretary of Transportation nor on the National Railroad Passenger Corporation's fiscal year 2004 business plan: Provided further, NOTE: Public information. 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: (1) Section 11123 of title 49, United States Code, is amended-- (A) in subsection (a)-- (i) by inserting ``failure of existing commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation,'' after ``cessation of operations,''; (ii) by striking ``or'' at the end of paragraph (3); (iii) by striking the period at the end of paragraph (4)(C) and inserting ``; or''; and (iv) by adding at the end the following new paragraph: ``(5) in the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, direct the continuation of the operations and dispatching, maintenance, and other necessary infrastructure functions related to the operations.''; (B) in subsection (b)(3)-- [[Page 303]] 118 STAT. 303 (i) by striking ``When'' and inserting ``(A) Except as provided in subparagraph (B), when''; and (ii) by adding at the end the following new subparagraph: ``(B) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by a cessation of service by the National Railroad Passenger Corporation, the Board shall provide funding to fully reimburse the directed service provider for its costs associated with the activities directed under subsection (a), including the payment of increased insurance premiums. The Board shall order complete indemnification against any and all claims associated with the provision of service to which the directed rail carrier may be exposed.''; (C) by adding the following new paragraph at the end of subsection (c): ``(4) In the case of a failure of existing freight or commuter rail passenger transportation operations caused by cessation of service by the National Railroad Passenger Corporation, the Board may not direct a rail carrier to undertake activities under subsection (a) to continue such operations unless-- ``(A) the Board first affirmatively finds that the rail carrier is operationally capable of conducting the directed service in a safe and efficient manner; and ``(B) the funding for such directed service required by subparagraph (B) of subsection (b)(3) is provided in advance in appropriations Acts.''; and (D) by adding at the end the following new subsections: ``(e) For purposes of this section, the National Railroad Passenger Corporation and any entity providing commuter rail passenger transportation shall be considered rail carriers subject to the Board's jurisdiction. ``(f) For purposes of this section, the term `commuter rail passenger transportation' has the meaning given that term in section 24102(4).''. (2) Section 24301(c) of title 49, United States Code, is amended by inserting ``11123,'' after ``except for sections''. Sec. 151. NOTE: Procedures. 49 USC 24101 note. For the purpose of assisting State-supported intercity rail service, in order to demonstrate whether competition will provide higher quality rail passenger service at reasonable prices, the Secretary of Transportation, working with affected States, shall develop and implement a procedure for fair competitive bidding by Amtrak and non-Amtrak operators for State-supported routes: Provided, That in the event a State desires to select or selects a non-Amtrak operator for the route, the State may make an agreement with Amtrak to use facilities and equipment of, or have services provided by, Amtrak under terms agreed to by the State and Amtrak to enable the non-Amtrak operator to provide the State-supported service: Provided further, That if the parties cannot agree on terms, the Secretary shall, as a condition of receipt of Federal grant funds, order that the facilities and equipment be made available and the services be provided by Amtrak under reasonable terms and compensation: Provided further, That when prescribing reasonable compensation to Amtrak, the Secretary shall consider quality of service as a major factor when determining whether, and the extent to which, the amount of compensation shall be greater than the incremental costs of using the facilities and providing the services: Provided further, That the Secretary [[Page 304]] 118 STAT. 304 may reprogram up to $2,500,000 from the Amtrak operating grant funds for costs associated with the implementation of the fair bid procedure and demonstration of competition under this section. Federal Transit Administration 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, NOTE: Reports. 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 [[Page 305]] 118 STAT. 305 out 49 U.S.C. 5308 shall be transferred to and merged with funding provided for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities under ``Federal Transit Administration, Capital investment grants''. 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 [[Page 306]] 118 STAT. 306 shall be available for fixed guideway modernization, $1,206,506,000; there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus- related facilities, $607,200,000, which shall include $50,000,000 made available under 5309(m)(3)(C) of this title, plus $50,000,000 transferred from ``Federal Transit Administration, Formula Grants'' and $20,000,000 transferred from ``Federal Transit Administration, Job Access and Reverse Commute Grants''; and there shall be available for new fixed guideway systems $1,323,794,000, together with $2,331,545 in unobligated balances made available in Public Law 106-69 and $2,182,937 in unobligated balances made available in Public Law 106-346 to carry out section 3037 of Public Law 105-178, as amended, to be available as follows: Atlanta, Georgia, Northwest Corridor BRT, $2,149,413; Baltimore, Maryland, Central Light Rail Double Track Project, $40,000,000; BART San Francisco Airport (SFO), California, Extension Project, $100,000,000; Birmingham--Transit Corridor, Alabama, $3,500,000; Boston, Massachusetts, Silver Line Phase III, $2,000,000; Charlotte, North Carolina, South Corridor Light Rail Project, $12,000,000; Chicago, Illinois, Metra Commuter Rail Expansions and Extensions, $52,000,000; Chicago, Illinois, Ravenswood Reconstruction, $10,000,000; Chicago, Illinois, Transit Authority, Douglas Branch Reconstruction, $85,000,000; Dallas, Texas, North Central Light Rail Extension, $30,161,283; Denver, Colorado, Southeast Corridor LRT (T-REX), $80,000,000; East Side Access Project, New York, Phase I, $75,000,000; Euclid Corridor Transportation Project, Ohio, $11,000,000; Fort Lauderdale, Florida, Tri-Rail Commuter Project, $18,410,000; Hawaii and Alaska Ferry Boats, $10,296,000; Houston Advanced Metro Transit Plan, Texas, $8,000,000; Integrated Intermodal project, Rhode Island, $3,000,000; Kenosha-Racine-Milwaukee Commuter Rail Extension, Wisconsin, $3,250,000; Las Vegas, Nevada, Resort Corridor Fixed Guideway, MOS, $20,000,000; Little Rock, Arkansas, River Rail Streetcar Project, $3,000,000; Maine Marine Highway, $1,550,000; Memphis, Tennessee, Medical Center Rail Extension, $9,247,588; Minneapolis, Minnesota, Hiawatha Corridor Light Rail Transit (LRT), $74,980,000; Minneapolis, Minnesota, Northstar Corridor Rail Project, $5,750,000; New Orleans, Louisiana, Canal Street Streetcar Project, $23,291,373; New York, Second Avenue Subway, $2,000,000; Newark, New Jersey, Rail Link (NERL) MOS1, $22,566,022; [[Page 307]] 118 STAT. 307 Northern Oklahoma Regional Multimodal Transportation System, $3,000,000; Northern, New Jersey, Hudson-Bergen Light Rail (MOS2), $100,000,000; Phase II, LA to Pasadena Metro Gold Line Light Rail Project, $4,000,000; Philadelphia, Pennsylvania, Schuylkill Valley Metro, $14,000,000; Phoenix, Arizona, Central Phoenix/East Valley Light Rail Transit Project, $13,000,000; Pittsburgh, Pennsylvania, North Shore Connector, $10,000,000; Pittsburgh, Pennsylvania, Stage II Light Rail Transit Reconstruction, $32,243,442; Portland, Oregon, Interstate MAX Light Rail Extension, $77,500,000; Raleigh, North Carolina, Triangle Transit Authority Regional Rail Project, $5,500,000; Regional Commuter Rail (Weber County to Salt Lake City), Utah, $9,000,000; Salt Lake City, Utah, Medical Center LRT Extension, $30,663,361; San Diego, California, Mission Valley East Light Rail Transit Extension, $65,000,000; San Diego, California, Oceanside-Escondido Rail Project, $48,000,000; San Francisco, California Muni Third Street Light Rail Project, $9,000,000; San Jose, California, Silicon Valley Rapid Transit Corridor, $2,000,000; Scranton, Pennsylvania, NY City Rail Service, $2,500,000; Seattle, Washington, Sound Transit Central Link Initial Segment, $75,000,000; South Shore Commuter Rail Service capacity enhancement, $1,000,000; Stamford, Connecticut, Urban Transitway & Intermodal Transportation Center Improvements, $4,000,000; Tren Urbano Rapid Transit System, San Juan, PR, $20,000,000; VRE Parking Improvements, Virginia, $3,000,000; Washington, DC/VA Dulles Corridor Rapid Transit Project, $20,000,000; Washington, DC/MD, Largo Extension, $65,000,000; Western North Carolina Rail Passenger Service, $1,000,000; Wilmington, Delaware, Train Station Improvements, $1,500,000; Wilsonville to Beaverton, Oregon, Commuter Rail, $3,250,000; and Yarmouth to Auburn Line, Maine, $1,000,000. 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 [[Page 308]] 118 STAT. 308 authority shall be available for these purposes: Provided further, That up to $300,000 of the funds provided under this heading may be used by the Federal Transit Administration for technical assistance and support and performance reviews of the Job Access and Reverse Commute Grants program: Provided further, That $20,000,000 of the funds provided under this heading shall be transferred to and merged with funds for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities under ``Federal Transit Administration, Capital Investment Grants'': Provided further, That $2,331,545 in unobligated balances made available in Public Law 106-69 and $2,182,937 in unobligated balances made available in Public Law 106- 346 to carry out section 3037 of Public Law 105-178, as amended, shall be transferred to and merged with funds for new fixed guideway systems under ``Federal Transit Administration, Capital Investment Grants''. General Provisions--Federal Transit Administration Sec. 160. NOTE: 49 USC 5338 note. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation. Sec. 161. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under ``Federal Transit Administration, Capital investment grants'' for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2006, and other recoveries, shall be made available for other projects under 49 U.S.C. 5309. Sec. 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2003, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section. Sec. 163. Funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be used to construct new vessels and facilities, or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, and for repair facilities: Provided, That not more than $3,000,000 of the funds made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii to initiate and operate a passenger ferryboat services demonstration project to test the viability of different intra-island and inter-island ferry boat routes and technology: Provided further, That notwithstanding 49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry boats may be used to acquire passenger ferry boats and to provide passenger ferry transportation services within areas of the State of Hawaii under the control or use of the National Park Service. Sec. 164. Notwithstanding any other provision of law, funds made available to the Colorado Roaring Fork Transportation Authority under ``Federal Transit Administration, Capital investment grants'' in Public Laws 106-69 and 106-346 shall be available for expenditure on park and ride lots in Carbondale and Glenwood Springs, Colorado as part of the Roaring Fork Valley Bus Rapid Transit project. [[Page 309]] 118 STAT. 309 Sec. 165. Notwithstanding any other provision of law, unobligated funds made available for a new fixed guideway systems projects under the heading ``Federal Transit Administration, Capital Investment Grants'' in any appropriations Act prior to this Act may be used during this fiscal year to satisfy expenses incurred for such projects. Sec. 166. (a) In General.--The NOTE: 49 USC 5307 note. Secretary shall establish a pilot program to determine the benefits of encouraging cooperative procurement of major capital equipment under sections 5307, 5309, and 5311. The program shall consist of three pilot projects. Cooperative procurements in these projects may be carried out by grantees, consortiums of grantees, or members of the private sector acting as agents of grantees. (b) Federal Share.--Notwithstanding any other provision of law, the Federal share for a grant under this pilot program shall be 90 percent of the net project cost. (c) Permissible Activities.-- (1) Developing specifications.--Cooperative specifications may be developed either by the grantees or their agents. (2) Requests for proposals.--To the extent permissible under State and local law, cooperative procurements under this section may be carried out, either by the grantees or their agents, by issuing one request for proposal for each cooperative procurement, covering all agencies that are participating in the procurement. (3) Best and final offers.--The cost of evaluating best and final offers either by the grantees or their agents, is an eligible expense under this program. (d) Technology.--To the extent feasible, cooperative procurements under this section shall maximize use of Internet-based software technology designed specifically for transit buses and other major capital equipment to develop specifications; aggregate equipment requirements with other transit agencies; generate cooperative request for proposal packages; create cooperative specifications; and automate the request for approved equals process. (e) Eligible Expenses.--The cost of the permissible activities under (c) and procurement under (d) are eligible expenses under the pilot program. (f) Proportionate Contributions.--Cooperating agencies may contribute proportionately to the non-Federal share of any of the eligible expenses under (e). (g) Outreach.--The Secretary shall conduct outreach on cooperative procurement. Under this program the Secretary shall: (1) offer technical assistance to transit agencies to facilitate the use of cooperative procurement of major capital equipment; and (2) conduct seminars and conferences for grantees, nationwide, on the concept of cooperative procurement of major capital equipment. (h) Report.--Not NOTE: Deadline. later than 30 days after delivery of the base order under each of the pilot projects, the Secretary shall submit to the House and Senate Committees on Appropriations a report on the results of that pilot project. Each report shall evaluate any savings realized through the cooperative procurement and the benefits of incorporating cooperative procurement, as shown by that project, into the mass transit program as a whole. Sec. 167. Notwithstanding any other provision of law, new fixed guideway system funds available for the Yosemite, California, area regional transportation system project, in the Department [[Page 310]] 118 STAT. 310 of Transportation and Related Agencies Appropriations Act, 2002, Public Law 107-87, under ``Capital Investment Grants'', in the amount of $400,000 shall be available for obligation for the replacement, rehabilitation, or purchase of buses or related equipment, or the construction of bus related facilities: Provided, That this amount shall be in addition to the amount available in fiscal year 2002 for these purposes. Sec. 168. Notwithstanding any other provision of law, for the purpose of calculating the non-New Starts share of the total project cost of both phases of San Francisco Muni's Third Street Light Rail Transit project for fiscal year 2004, the Secretary of Transportation shall include all non-New Starts contributions made towards Phase 1 of the two-phase project for engineering, final design and construction, and also shall allow non-New Starts funds expended on one element or phase of the project to be used to meet the non-New Starts share requirement of any element or phase of the project: Provided further, That none of the funds provided in this Act for the San Francisco Muni Third Street Light Rail Transit Project shall be obligated if the Federal Transit Administration determines that the project is found to be ``not recommended'' after evaluation and computation of revised transportation system user benefit data. Sec. 169. Notwithstanding any other provision of law, funds made available under ``Federal Transit Administration, Capital Investment Grants'' in Public Law 105-277 for the Cleveland Berea Red Line Extension to the Hopkins International Airport project may be used for the Euclid Corridor Transportation Project. Sec. 170. Notwithstanding any other provision of law, funds designated to the Community Transportation Association of America (CTAA) on pages 1305 through 1307 of the Joint Explanatory Statement of the Committee of Conference for Public Law 108-7 may be available to CTAA for any project or activity authorized under section 3037 of Public Law 105-178 upon receipt of an application. Sec. 171. After the last section of the Federal Transit Act, 49 U.S.C. chapter 53, add the following section: ``SEC. 3042. UTAH TRANSPORTATION PROJECTS. ``(a) Coordination.--FTA and FHWA are directed to work with the Utah Transit Authority and the Utah Department of Transportation to coordinate the development regional commuter rail and the northern segment of I-15 reconstruction located in the Wasatch Front corridor extending from Brigham City to Payson, Utah. Coordination includes integration of preliminary engineering and design, a simplified method for allocating project costs among eligible FTA and FHWA funding sources, and a unified accounting and audit process. ``(b) Governmental Funding.--For purposes of determining and allocating the nongovernmental and governmental share of costs, the following projects comprise a related program of projects: regional commuter rail, the TRAX light rail system, TRAX extensions to the Medical Center and to the Gateway Intermodal Center, and the northern segment of I-15 reconstruction. The governmental share of project costs appropriated from the section 5309 New Start program shall conform to the share specified in the extension or reauthorization of TEA21.''. Sec. 172. Funds apportioned to the Charleston Area Regional Transportation Authority to carry out section 5307 of title 49, [[Page 311]] 118 STAT. 311 United States Code, may be used to lease land, equipment, or facilities used in public transportation from another governmental authority in the same geographic area: Provided, That the non-Federal share under section 5307 may include revenues from the sale of advertising and NOTE: Termination date. concessions: Provided further, That this provision shall remain in effect until September 30, 2004, or until the Federal interest in the land, equipment or facilities leased reaches 80 percent of its fair market value at disposition, whichever occurs first. Sec. 173. Notwithstanding any other provision of law, funds designated to the Pennsylvania Cumberland/Dauphin County Corridor I project in committee reports accompanying this Act may be available to the recipient for any project activities authorized under sections 5307 and 5309 of title 49, United States Code. Sec. 174. To the extent that funds provided by the Congress for the Memphis Medical Center light rail extension project through the section 5309 ``new fixed guideway systems'' program remain available upon the closeout of the project, Federal Transit Administration is directed to permit the Memphis Area Transit Authority to use all of those funds for planning, engineering, design, construction or acquisition projects pertaining to the Memphis Regional Rail Plan. Such funds shall remain available until expended. Sec. 175. Section 30303(d)(3) of the Transportation Equity Act for the 21st Century (Public Law 105-178) NOTE: 112 Stat. 379. is amended by inserting at the end: ``(D) Memphis-Shelby International Airport intermodal facility.''. Sec. 176. For fiscal year 2004, section 3027 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366), as amended, is amended by adding at the end the following: ``(3) Services for elderly and persons with disabilities.-- In addition to assistance made available under paragraph (1), the Secretary may provide assistance under section 5307 of title 49, United States Code, to a transit provider that operates 25 or fewer vehicles in an urbanized area with a population of at least 200,000 to finance the operating costs of equipment and facilities used by the transit provider in providing mass transportation services to elderly and persons with disabilities, provided that such assistance to all entities shall not exceed $10,000,000 annually.''. Sec. 177. None of the funds in this Act shall be available to any Federal transit grantee after February 1, 2004, involved directly or indirectly, in any activity that promotes the legalization or medical use of any substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812 et seq.). Saint Lawrence Seaway Development Corporation The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the Corporation's budget for the current fiscal year. [[Page 312]] 118 STAT. 312 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 [[Page 313]] 118 STAT. 313 of the Maritime Administration, and payments received therefore shall be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts. Sec. 181. No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limitations contained in this Act or in any prior appropriation Act. Research and Special Programs Administration 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. [[Page 314]] 118 STAT. 314 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 NOTE: Air carriers. Department: Provided further, That the funds made available under this heading shall be used to investigate, pursuant to section 41712 of title 49, United States Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents; and (2) the compliance of domestic and foreign air carriers with respect to item (1) of this proviso. Surface Transportation Board 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 [[Page 315]] 118 STAT. 315 money laundering: Provided further, That of these amounts, $3,393,000, to remain available until September 30, 2005, shall be for the Treasury- wide Financial Statement Audit Program, of which such amounts as may be necessary may be transferred to accounts of the Department's offices and bureaus to conduct audits: Provided further, That this transfer authority shall be in addition to any other provided in this Act. 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. [[Page 316]] 118 STAT. 316 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 [[Page 317]] 118 STAT. 317 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 [[Page 318]] 118 STAT. 318 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. NOTE: 26 USC 7804 note. The Internal Revenue Service shall maintain a training program to ensure that Internal Revenue Service employees are trained in taxpayers' rights, in dealing courteously with the taxpayers, and in cross-cultural relations. Sec. 203. NOTE: Procedures. 26 USC 6103 note. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information. Sec. 204. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective 1-800 help line service for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service [[Page 319]] 118 STAT. 319 1-800 help line service a priority and allocate resources necessary to increase phone lines and staff to improve the Internal Revenue Service 1-800 help line service. Sec. 205. NOTE: Deadline. Proposal. Pensions. Within one hundred and eighty days of enactment, the Secretary of the Treasury shall present to the Congress a proposal for legislation which would provide transition relief for older and longer-service participants affected by conversions of their employers' traditional pension plans to cash balance pension plans: Provided, That none of the funds made available in this Act may be used by the Secretary of the Treasury, or his designee, to issue any rule or regulation which implements the proposed amendments to Internal Revenue Service regulations set forth in REG- 209500-86 and REG-164464-02, or any amendments reaching results similar to such proposed amendments. Sec. NOTE: 26 USC 32 note. 206. Study on Earned Income Tax Credit Certification Program. (a) Study.--The Internal Revenue Service shall conduct a study, as a part of any program that requires certification (including pre-certification) in order to claim the earned income tax credit under section 32 of the Internal Revenue Code of 1986, on the following matters: (1) The costs (in time and money) incurred by the participants in the program. (2) The administrative costs incurred by the Internal Revenue Service in operating the program. (3) The percentage of individuals included in the program who were not certified for the credit, including the percentage of individuals who were not certified due to-- (A) ineligibility for the credit; and (B) failure to complete the requirements for certification. (4) The percentage of individuals to whom paragraph (3)(B) applies who were-- (A) otherwise eligible for the credit; and (B) otherwise ineligible for the credit. (5) The percentage of individuals to whom paragraph (3)(B) applies who-- (A) did not respond to the request for certification; and (B) responded to such request but otherwise failed to complete the requirements for certification. (6) The reasons-- (A) for which individuals described in paragraph (5)(A) did not respond to requests for certification; and (B) for which individuals described in paragraph (5)(B) had difficulty in completing the requirements for certification. (7) The characteristics of those individuals who were denied the credit due to-- (A) failure to complete the requirements for certification; and (B) ineligibility for the credit. (8) The impact of the program on non-English speaking participants. (9) The impact of the program on homeless and other highly transient individuals. (b) NOTE: Deadlines. Report.-- [[Page 320]] 118 STAT. 320 (1) Preliminary report.--Not later than July 30, 2004, the Commissioner of the Internal Revenue Service shall submit to Congress a preliminary report on the study conducted under subsection (a). (2) Final report.--Not later than June 30, 2005, the Commissioner of the Internal Revenue Service shall submit to Congress a final report detailing the findings of the study conducted under subsection (a). General Provisions--Department of the Treasury Sec. 210. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109. Sec. 211. Not to exceed 2 percent of any appropriations in this Act made available to the Departmental Offices--Salaries and Expenses, Office of Inspector General, Financial Management Service, Alcohol and Tobacco Tax and Trade Bureau, Financial Crime Enforcement Network, and Bureau of the Public Debt, may be transferred between such appropriations upon the advance approval of the Committees on Appropriations. No transfer may increase or decrease any such appropriation by more than 2 percent. Sec. 212. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration's appropriation upon the advance approval of the Committees on Appropriations. No transfer may increase or decrease any such appropriation by more than 2 percent. Sec. 213. NOTE: Certification. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of the Treasury certifies that the purchase by the respective Treasury bureau is consistent with Departmental vehicle management principles: Provided, That the Secretary may delegate this authority to the Assistant Secretary for Management. Sec. 214. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note. Sec. 215. The Secretary of the Treasury may transfer funds from ``Salaries and Expenses'', Financial Management Service, to the Debt Services Account as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such Salaries and Expenses account from debt collections received in the Debt Services Account. Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 note), is further amended by striking ``5 years'' and inserting ``6 years''. Sec. 217. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United [[Page 321]] 118 STAT. 321 States Mint to construct or operate any museum without the explicit approval of the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs. Sec. 218. NOTE: 12 USC 5018 note. For fiscal year 2004 and each fiscal year thereafter, there are appropriated to the Secretary of the Treasury such sums as may be necessary to reimburse financial institutions in their capacity as depositaries and financial agents of the United States for all services required or directed by the Secretary of the Treasury, or the Secretary's designee, to be performed by such financial institutions on behalf of the Department of the Treasury or other Federal agencies, including services rendered prior to fiscal year 2004. TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT Compensation of the President For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000: Provided, NOTE: 3 USC 102 note. That none of the funds made available for official expenses shall be expended for any other purpose and any unused amount shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. White House Office salaries and expenses For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive Office of the President, $69,168,000: Provided, That $8,650,000 of the funds appropriated shall be available for reimbursements to the White House Communications Agency: Provided further, That $7,231,000 of the funds appropriated under this heading shall be available for the Homeland Security Council. Executive Residence at the White House operating expenses For the care, maintenance, repair and alteration, refurnishing, improvement, heating, and lighting, including electric power and fixtures, of the Executive Residence at the White House and official entertainment expenses of the President, $12,501,000, to be expended and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114. reimbursable expenses For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided, That [[Page 322]] 118 STAT. 322 all reimbursable operating expenses of the Executive Residence shall be made in accordance with the provisions of this paragraph: Provided further, That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit $25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year: Provided further, NOTE: Notices. Deadlines. That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice: Provided further, That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under section 3717 of title 31, United States Code: Provided further, That each such amount that is reimbursed, and any accompanying interest and charges, shall be deposited in the Treasury as NOTE: Deadline. Reports. miscellaneous receipts: Provided further, That the Executive Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further, NOTE: Records. That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code. White House Repair and Restoration For the repair, alteration, and improvement of the Executive Residence at the White House, $4,225,000, to remain available until expended, for required maintenance, safety and health issues, and continued preventative maintenance. [[Page 323]] 118 STAT. 323 Council of Economic Advisers salaries and expenses For necessary expenses of the Council of Economic Advisors in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021), $4,502,000. Office of Policy Development salaries and expenses For necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $4,109,000. National Security Council salaries and expenses For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109, $10,551,000. Office of Administration salaries and expenses For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of passenger motor vehicles, $82,826,000, of which $20,578,000 shall remain available until expended for the Capital Investment Plan for continued modernization of the information technology infrastructure within the Executive Office of the President. Office of Management and Budget salaries and expenses For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44, United States Code, $67,159,000, of which not to exceed $3,000 shall be available for official representation expenses: Provided, NOTE: Applicability. That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied only to the objects for which appropriations were made except as otherwise provided by law: Provided further, That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or the Committees on Veterans' Affairs or their subcommittees: Provided further, That the preceding shall not apply to printed hearings released by the Committees [[Page 324]] 118 STAT. 324 on Appropriations or the Committees on Veterans' Affairs: Provided further, That none of the funds appropriated in this Act may be available to pay the salary or expenses of any employee of the Office of Management and Budget who calculates, prepares, or approves any tabular or other material that proposes the sub-allocation of budget authority or outlays by the Committees on Appropriations among their subcommittees. Office of National Drug Control Policy salaries and expenses For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement, $27,996,500; of which $1,350,000 shall remain available until expended for policy research and evaluation; and $1,500,000 for the National Alliance for Model State Drug Laws: Provided, That the NOTE: 21 USC 1702 note. Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office. counterdrug technology assessment center (including transfer of funds) For necessary expenses for the Counterdrug Technology Assessment Center for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), $42,000,000, which shall remain available until expended, consisting of $18,000,000 for counternarcotics research and development projects, and $24,000,000 for the continued operation of the technology transfer program: Provided, That the $18,000,000 for counternarcotics research and development projects shall be available for transfer to other Federal departments or agencies. Federal Drug Control Programs high intensity drug trafficking areas program (including transfer of funds) For necessary expenses of the Office of National Drug Control Policy's High Intensity Drug Trafficking Areas Program, $226,350,000, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas, of which no less than 51 percent shall be transferred to State and local entities for drug control activities, which shall be obligated within 120 days of the date of the enactment of this Act: Provided, That up to 49 percent, to remain available until September 30, 2005, may be transferred to Federal agencies and departments at a rate to be determined by the Director, of which not less than $2,100,000 shall be used for auditing services [[Page 325]] 118 STAT. 325 and associated activities, and at least $500,000 of the $2,100,000 shall be used to develop and implement a data collection system to measure the performance of the High Intensity Drug Trafficking Areas Program: Provided further, That High Intensity Drug Trafficking Areas Programs designated as of September 30, 2003, shall be funded at no less than the fiscal year 2003 initial allocation levels unless the Director submits to the Committees on Appropriations, and the Committees approve, justification for changes in those levels based on clearly articulated priorities for the High Intensity Drug Trafficking Areas Programs, as well as published Office of National Drug Control Policy performance measures of effectiveness: Provided further, That a request shall be submitted to the Committees on Appropriations for approval prior to the obligation of funds of an amount in excess of the fiscal year 2004 budget request: Provided further, That such request shall be made in compliance with the reprogramming guidelines. Other Federal Drug Control Programs (including transfer of funds) For activities to support a national anti-drug campaign for youth, and for other purposes, authorized by the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), $229,000,000, to remain available until expended, of which the following amounts are available as follows: $145,000,000 to support a national media campaign, as authorized by the Drug-Free Media Campaign Act of 1998; $70,000,000 to continue a program of matching grants to drug-free communities, of which $1,000,000 shall be a directed grant to the Community Anti-Drug Coalitions of America for the National Community Anti-Drug Coalition Institute, as authorized in chapter 2 of the National Narcotics Leadership Act of 1988, as amended; $3,000,000 for the Counterdrug Intelligence Executive Secretariat; $2,000,000 for evaluations and research related to National Drug Control Program performance measures; $1,000,000 for the National Drug Court Institute; $7,200,000 for the United States Anti-Doping Agency for anti-doping activities; and $800,000 for the United States membership dues to the World Anti-Doping Agency: Provided, That such funds may be transferred to other Federal departments and agencies to carry out such activities: Provided further, That of the amounts appropriated for a national media campaign, no less than 78 percent shall be used for the purchase of advertising time and space for the national media campaign. Unanticipated Needs For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000. Special Assistance to the President and the Official Residence of the Vice President salaries and expenses For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned [[Page 326]] 118 STAT. 326 functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as authorized by 3 U.S.C. 106, which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $4,461,000. Operating Expenses (INCLUDING TRANSFER OF FUNDS) For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 for official entertainment expenses of the Vice President, to be accounted for solely on his certificate, $331,000: Provided, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities. general provision--executive office of the president Sec. 301. Section 102 of title 3, United States Code, is amended by striking ``, for which expense allowance'' and all that follows through the first period and inserting ``. Any unused amount of such expense allowance shall revert to the Treasury pursuant to section 1552 of title 31, United States Code. No amount of such expense allowance shall be included in the gross income of the President.''. TITLE IV--INDEPENDENT AGENCIES Architectural and Transportation Barriers Compliance Board Salaries and Expenses For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended $5,401,000: Provided, That, notwithstanding any other provision of law, there may be credited to this appropriation funds received for publications and training expenses. National Transportation Safety Board Salaries and Expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS-15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902) $73,499,000, of which not to exceed $2,000 may be used for official reception and representation expenses. EMERGENCY FUND For necessary expenses of the National Transportation Safety Board for accident investigations, $600,000, to remain available until expended: Provided, That these funds shall be available only [[Page 327]] 118 STAT. 327 to the extent necessary to restore the balance of the emergency fund to $2,000,000 (29 U.S.C. 1118(b)). Committee for Purchase From People Who Are Blind or Severely Disabled salaries and expenses For necessary expenses of the Committee for Purchase From People Who Are Blind or Severely Disabled established by Public Law 92-28, $4,725,000. Federal Election Commission Salaries and Expenses For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended, $51,240,000, of which no less than $6,389,900 shall be available for internal automated data processing systems, of which not to exceed $5,000 shall be available for reception and representation expenses, and of which $800,000 shall be available for necessary expenses to carry out the functions of the Office of Election Administration: Provided, That upon the transfer of functions of the Office of Election Administration to the Election Assistance Commission under the provisions of title VIII of the Help America Vote Act of 2002, any portion of such funds remaining available as of the date of the transfer shall be transferred to the Election Assistance Commission for purposes of carrying out such functions. Election Assistance Commission Salaries and Expenses For necessary expenses to carry out the Help America Vote Act of 2002, $1,200,000. Election Reform Programs (including transfer of funds) For necessary expenses to carry out a program of requirements payments to States as authorized by section 257 of the Help America Vote Act of 2002, $500,000,000: Provided, That no more that one-tenth of 1 percent of funds available for requirements payments under section 257 of the Help America Vote Act of 2002 shall be allocated to any territory: Provided further, That of the funds made available for providing grants to assist State and local efforts to improve election technology and the administration of Federal elections, as authorized by such Act, not to exceed $100,000 shall be transferred to the General Services Administration for necessary administrative expenses to carry out programs of payments to States as authorized by section 257 of such Act. [[Page 328]] 118 STAT. 328 Federal Labor Relations Authority salaries and expenses For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109, and including hire of experts and consultants, hire of passenger motor vehicles, and rental of conference rooms in the District of Columbia and elsewhere, $29,611,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to non- Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences. Federal Maritime Commission Salaries and Expenses For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 1111), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C. 5901-5902, $18,471,000: Provided, That not to exceed $2,000 shall be available for official reception and representation expenses. General Services Administration Real Property Activities Federal Buildings Fund limitations on availability of revenue (including transfers of funds) For an additional amount to be deposited in, and to be used for the purposes of, the Fund established pursuant to section 210(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 592), $446,000,000. The revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; [[Page 329]] 118 STAT. 329 maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $6,758,208,000, of which: (1) $708,268,000 shall remain available until expended for construction (including funds for sites and expenses and associated design and construction services) of additional projects at the following locations: New Construction: Alabama: Anniston, United States Courthouse, $4,400,000. Tuscaloosa, Federal Building, $7,500,000. California: Los Angeles, United States Courthouse, $50,000,000. San Diego, Border Station, $34,211,000. Colorado: Denver Federal Center, site remediation, $6,000,000. District of Columbia: Department of Transportation Headquarters, $42,000,000. Florida: Orlando, United States Courthouse, $7,200,000. Georgia: Atlanta, Tuttle Building Annex, $10,600,000. Maine: Jackman, Border Station, $7,712,000. Maryland: Montgomery County, Food and Drug Administration Consolidation, $42,000,000. Suitland, United States Census Bureau, $146,451,000. Michigan: Detroit, Ambassador Bridge Border Station, $25,387,000. New York: Champlain, Border Station, $31,031,000. North Carolina: Charlotte, United States Courthouse, $8,500,000. Ohio: Toledo, United States Courthouse, $6,500,000. Pennsylvania: Harrisburg, United States Courthouse, $26,000,000. South Carolina: Greenville, United States Courthouse, $11,000,000. Texas: Del Rio, Border Station, $23,966,000. Eagle Pass, Border Station, $31,980,000. Houston, Federal Bureau of Investigation, $58,080,000. [[Page 330]] 118 STAT. 330 McAllen, Border Station, $17,938,000. San Antonio, United States Courthouse, $8,000,000. Virginia: Richmond, United States Courthouse, $83,000,000. Washington: Blaine, Border Station, $9,812,000. Nonprospectus Construction, $9,000,000: Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected in other such projects, but not to exceed 10 percent of the amounts included in an approved prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, NOTE: Expiration date. That all funds for direct construction projects shall expire on September 30, 2005, and remain in the Federal Buildings Fund except for funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date; (2) $991,300,000 shall remain available until expended for repairs and alterations, which includes associated design and construction services: Repairs and Alterations: Colorado: Denver, Byron G. Rogers Federal Building-- Courthouse, $39,436,000. District of Columbia: 320 First Street, $7,485,000. Eisenhower Executive Office Building, $65,757,000. Federal Office Building 8, $134,872,000. Main Interior Building, $15,603,000. Fire & Life Safety, $68,188,000. Georgia: Atlanta, Richard B. Russell Federal Building, $32,173,000. Illinois: Chicago, Dirksen Courthouse & Kluczynski Federal Building, $24,056,000. Springfield, Paul H. Findley Federal Building--Courthouse, $6,183,000. Indiana: Terre Haute Federal Building--Post Office, $4,600,000. Massachusetts: Boston, John W. McCormack Post Office and Courthouse, $73,037,000. New York: Brooklyn, Emanuel Celler Courthouse, $65,511,000. North Dakota: Fargo, Federal Building--Post Office, $5,801,000. Ohio: Columbus, John W. Bricker Federal Building, $10,707,000. Washington: Auburn, Building 7, Auburn Federal Building, $18,315,000. Bellingham, Federal Building, $2,610,000. [[Page 331]] 118 STAT. 331 Seattle, Henry M. Jackson Federal Building, $6,868,000. Special Emphasis Programs: Chlorofluorocarbons Program, $5,000,000. Energy Program, $5,000,000. Glass Fragmentation Program, $20,000,000. Design Program, $41,462,000: Provided further, That funds made available in any previous Act in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in any previous Act may be increased by an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any prior Act for ``Repairs and Alterations'' may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading ``Repairs and Alterations'', may be transferred to Basic Repairs and Alterations or used to fund authorized increases NOTE: Expiration date. in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 2005, and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading ``Repairs and Alterations'' or used to fund authorized increases in prospectus projects: Provided further, That the funds available herein for repairs to the Bellingham, Washington, Federal Building, shall be available for transfer to the city of Bellingham, Washington, subject to disposal of the building to the city; (3) $169,745,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4) $3,280,187,000 for rental of space which shall remain available until expended; and (5) $1,608,708,000 for building operations which shall remain available until expended: Provided further, That funds available to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, as amended, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary to provide reimbursable special services to other agencies under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and amounts to provide [[Page 332]] 118 STAT. 332 such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2004, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess of $6,717,208,000 shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts. general activities Government-wide Policy For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109, $56,383,000. operating expenses For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; telecommunications, information technology management, and related technology activities; providing Internet access to Federal information and services; agency-wide policy direction and management, and Board of Contract Appeals; accounting, records management, and other support services incident to adjudication of Indian Tribal Claims by the United States Court of Federal Claims; services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for official reception and representation expenses, $88,110,000. office of inspector general For necessary expenses of the Office of Inspector General and services authorized by 5 U.S.C. 3109, $39,169,000: Provided, That not to exceed $15,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided further, That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness. electronic government (e-gov) fund (including transfer of funds) For necessary expenses in support of interagency projects that enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, $3,000,000, to remain available until expended: Provided, That [[Page 333]] 118 STAT. 333 these funds may be transferred to Federal agencies to carry out the purposes of the Fund: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not be made until 10 days after a proposed spending plan and justification for each project to be undertaken has been submitted to the Committees on Appropriations. allowances and office staff for former presidents (including transfer of funds) For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), and Public Law 95-138, $3,393,000: Provided, That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provisions of such Acts. General Provisions--General Services Administration Sec. 401. The appropriate appropriation or fund available to the General Services Administration shall be credited with the cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129). Sec. 402. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. Sec. 403. Funds in the Federal Buildings Fund made available for fiscal year 2004 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations. Sec. 404. No funds made available by this Act shall be used to transmit a fiscal year 2005 request for United States Courthouse construction that: (1) does not meet the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; and (2) does not reflect the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan: Provided, That the fiscal year 2005 request must be accompanied by a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. Sec. 405. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in compliance with the Public Buildings Amendments Act of 1972 (Public Law 92-313). Sec. 406. Funds provided to other Government agencies by the Information Technology Fund, General Services Administration, under section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757) and sections 5124(b) and 5128 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1424(b) and 1428), for performance of pilot information technology projects which have [[Page 334]] 118 STAT. 334 potential for Government-wide benefits and savings, may be repaid to this Fund from any savings actually incurred by these projects or other funding, to the extent feasible. Sec. 407. From funds made available under the heading ``Federal Buildings Fund, Limitations on Availability of Revenue'', claims against the Government of less than $250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations. Sec. 408. (a) NOTE: New Hampshire. Notwithstanding any other provision of law, the Administrator of General Services is authorized to acquire, under such terms and conditions as he deems to be in the interests of the United States, approximately 27 acres of land, identified as Site 7 and located at 234 Corporate Drive, Pease International Tradeport, Portsmouth, NH 03801, as a site for the public building needs of the Federal Government, and to design and construct upon the site a new Federal Office Building of approximately 98,000 gross square feet: Provided, That the Administrator shall not acquire any property under this subsection until the Administrator determines that the property is in compliance with applicable environmental laws, and that the property is suitable and available for use as a site to house the Federal agencies presently located in the Thomas J. McIntyre Federal Building. (b) For the site acquisition, design, construction, and relocation, $11,149,000 shall be available from funds previously provided under the heading ``General Services Administration, Real Property Activities, Federal Buildings Fund'' in Public Law 108-7 for repairs and alterations to the Thomas J. McIntyre Federal Building in Portsmouth, New Hampshire, which was included in the plan for expenditure of repairs and alterations funds as required by accompanying House Report No. 108-10. (c) For any additional costs of construction, management and inspection of the new facility to house the Federal agencies relocated from the McIntyre Federal Office Building, and for the costs of relocating the Federal agencies occupying the McIntyre Federal Office Building, $13,669,000 shall be deposited into the Federal Buildings Fund (40 U.S.C. 592) from the general fund; which amount, together with the amount set forth in subsection (b) of this section shall remain available until expended and shall be subject to such escalation and reprogramming authorities available to the Administrator for any other new construction projects under the heading ``Federal Building Fund Limitations on Availability of Revenue''. (d) The Administrator is authorized and directed to convey, without consideration, the Thomas J. McIntyre Federal Office Building to the City of Portsmouth, New Hampshire for economic development purposes subject to the following conditions: (i) that all Federal agencies currently occupying the McIntyre Building except the United States Postal Service are completely relocated to the new Federal Building for so long as those agencies have continuing mission needs for that new location; (ii) that the requirements of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.) shall not apply to this conveyance; and (iii) that the Administrator may include in the conveyance documents such terms and conditions as the Administrator determines in the best interest of the United States. [[Page 335]] 118 STAT. 335 Sec. 409. (a) The Administrator of General Services shall carry out the authority of the Election Assistance Commission to make election assistance payments under subtitle D of title II of the Help America Vote Act of 2002, including the authority under such subtitle to receive statements and applications from entities seeking such payments and reports from entities receiving such payments. (b) NOTE: Applicability. Expiration date. The authority of the Administrator of General Services under subsection (a) shall apply with respect to amounts appropriated for fiscal year 2004 and amounts appropriated for fiscal year 2003 which remain unobligated and unexpended at the end of fiscal year 2003, except that this authority shall expire upon the earlier of-- (1) the expiration of the 3-month period which begins on the date on which all members of the Election Assistance Commission are appointed; or (2) June 30, 2004. (c) NOTE: Reports. Upon the appointment of all members of the Election Assistance Commission, the Administrator of General Services shall transmit to the Commission all statements, applications, and reports received by the Administrator in carrying out this section. Sec. 410. None of the funds made available in this Act may be used by the General Services Administration to establish a quick response team processing center on East Brainerd Road in Chattanooga, Tennessee. Sec. 411. Completion of Land Conveyance, San Joaquin County, California. Section 140 of division C of Public Law 105-277 (112 Stat. 2681-599), as amended by section 3034 of the 1999 Emergency Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 104), is amended-- (1) in subsection (a)-- (A) in the first sentence, by striking ``Attorney General'' and inserting ``Administrator of General Services, on behalf of the Attorney General,''; (B) in the second sentence, by striking ``Attorney General'' and inserting ``Administrator''; and (C) in the second sentence, by striking ``not later than August 21, 1999'' and inserting ``as soon as practicable''; (2) in subsection (b), by striking ``Attorney General'' and inserting ``Administrator''; (3) in subsection (c)(1)-- (A) in the first sentence, by striking ``as the location'' and all that follows through ``other educational purposes'' and inserting ``for educational or recreational purposes''; and (B) by striking the second sentence; (4) in subsection (c)(2), by striking ``Attorney General'' and inserting ``Administrator''; (5) in subsection (d), by striking paragraph (2) and inserting the following new paragraph: ``(2) The use of the real property conveyed under subsection (a) for recreational purposes, as provided in subsection (c), shall be subject to the approval of the Secretary of the Interior.''; (6) in subsection (e)-- (A) in paragraph (1), by striking ``If the Secretary'' and all that follows through ``not being used'' and inserting ``If a portion of the real property conveyed under subsection [[Page 336]] 118 STAT. 336 (a) is used for educational purposes, as provided in subsection (c), and the Secretary of Education determines that such portion is no longer being used''; and (B) in paragraph (2), by striking ``as a public park or for other recreational purposes'' and inserting ``for recreational purposes''; and (7) in subsection (f), by striking ``Attorney General'' and inserting ``Administrator''. Merit Systems Protection Board salaries and expenses (including transfer of funds) For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and direct procurement of survey printing, $32,877,000 together with not to exceed $2,626,000 for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board. Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation Morris K. Udall Scholarship and Excellence in National Environmental Policy Trust Fund For payment to the Morris K. Udall Scholarship and Excellence in National Environmental Policy Trust Fund, pursuant to the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $1,996,000, to remain available until expended of which up to $50,000 shall be used to conduct financial audits pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That up to 60 percent of such funds may be transferred by the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation for the necessary expenses of the Native Nations Institute. environmental dispute resolution fund For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $1,309,000, to remain available until expended. National Archives and Records Administration Operating Expenses For necessary expenses in connection with the administration of the National Archives and Records Administration (including the Information Security Oversight Office) and archived Federal [[Page 337]] 118 STAT. 337 records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, and for the hire of passenger motor vehicles, $256,700,000: Provided, That the Archivist of the United States is authorized to use any excess funds available from the amount borrowed for construction of the National Archives facility, for expenses necessary to provide adequate storage for holdings: Provided further, That, of the funds provided in this paragraph, $600,000 shall be for the preservation of the records of the Freedmen's Bureau. Electronic Records Archive For necessary expenses in connection with the development of an electronic records archive, to include all direct project costs associated with research, analysis, design, development, and program management, $35,914,000, of which $22,000,000 shall remain available until September 30, 2006. repairs and restoration For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $13,708,000, to remain available until expended, of which $500,000 is for the Military Personnel Records Center requirements study, of which $2,250,000 is for land acquisition for a site in Anchorage, Alaska, to construct a new regional archives and records facility and of which $5,000,000 is for the repair and restoration of the plaza that surrounds the Lyndon Baines Johnson Presidential Library and that is under the joint control and custody of the University of Texas: Provided, That such funds may be transferred directly to the University and used, together with University funds, for repair and restoration of the plaza and remain available until expended for this purpose: Provided further, That the same transfer authority shall extend to funds previously appropriated in Public Law 108-7 for this purpose. National Historical Publications and Records Commission grants program For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504, as amended, $10,000,000, to remain available until expended. Office of Government Ethics salaries and expenses For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, as amended and the Ethics Reform Act of 1989, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $10,738,000. [[Page 338]] 118 STAT. 338 Office of Personnel Management salaries and expenses (including transfer of trust funds) For necessary expenses to carry out functions of the Office of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management and the Federal Bureau of Investigation for expenses incurred under Executive Order No. 10422 of January 9, 1953, as amended; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $119,498,000, of which $2,000,000 shall remain available until expended for the cost of the enterprise human resources integration project, and $2,500,000 shall remain available until expended for the cost of leading the Government- wide initiative to modernize the Federal payroll systems and service delivery and $2,500,000 shall remain available through September 30, 2005, to coordinate and conduct program evaluation and performance measurement; and in addition $135,914,000 for administrative expenses, to be transferred from the appropriate trust funds of the Office of Personnel Management without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs, of which $36,700,000 shall remain available until expended for the cost of automating the retirement recordkeeping systems: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and (2)(A) of title 5, United States Code: Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of the Office of Personnel Management established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: Provided further, That the President's Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2004, accept donations of money, property, and personal services in connection with the development of a publicity brochure to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission. office of inspector general salaries and expenses (including transfer of trust funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act, as amended, including services as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles, $1,498,000, and in addition, not to [[Page 339]] 118 STAT. 339 exceed $14,427,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management's retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere. government payment for annuitants, employees health benefits For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, such sums as may be necessary. government payment for annuitants, employee life insurance For payment of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87 of title 5, United States Code, such sums as may be necessary. payment to civil service retirement and disability fund For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be credited to the Civil Service Retirement and Disability Fund, such sums as may be necessary: Provided, NOTE: 33 USC 776. That annuities authorized by the Act of May 29, 1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil Service Retirement and Disability Fund. Human Capital Performance Fund (including transfer of funds) For a human capital performance fund, $1,000,000: Provided, That such amount shall not be available for obligation or transfer until enactment of legislation that establishes a human capital performance fund within the Office of Personnel Management: Provided further, That such amounts as determined by the Director of the Office of Personnel Management may be transferred to Federal agencies to carry out the purposes of this fund as authorized: Provided further, That no funds shall be available for obligation or transfer to any Federal agency until the Director has notified the relevant subcommittees of jurisdiction of the Committees on Appropriations of the approval of a performance pay plan for that agency, and the prior approval of such subcommittees has been attained. Office of Special Counsel salaries and expenses For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the Whistleblower Protection Act of 1989 (Public [[Page 340]] 118 STAT. 340 Law 101-12), as amended, Public Law 103-424, and the Uniformed Services Employment and Reemployment Act of 1994 (Public Law 103-353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles; $13,504,000. United States Postal Service Payment to the Postal Service Fund For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $65,521,000, of which $36,521,000 shall not be available for obligation until October 1, 2004: Provided, That mail for overseas voting and mail for the blind shall continue to be free: Provided further, NOTE: 39 USC 403 note. That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: Provided further, That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in fiscal year 2004. United States Tax Court Salaries and Expenses For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $40,187,000: Provided, That NOTE: 26 USC 7443 note. travel expenses of the judges shall be paid upon the written certificate of the judge. White House Commission on the National Moment of Remembrance For necessary expenses of the White House Commission on the National Moment of Remembrance, $250,000. TITLE V--GENERAL PROVISIONS This Act (including transfers of funds) Sec. 501. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). [[Page 341]] 118 STAT. 341 Sec. 502. Such sums as may be necessary for fiscal year 2004 pay raises for programs funded in this Act shall be absorbed within the levels appropriated in this Act or previous appropriations Acts. Sec. 503. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. Sec. 504. None of the funds in this Act shall be available for salaries and expenses of more than 106 political and Presidential appointees in the Department of Transportation: Provided, That none of the personnel covered by this provision may be assigned on temporary detail outside the Department of Transportation. Sec. 505. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. Sec. 506. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. Sec. 507. NOTE: Contracts. Public information. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 508. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. Sec. 509. (a) No recipient of funds made available in this Act shall disseminate personal information (as defined in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. (b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in noncompliance with this provision. Sec. 510. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's ``Federal-Aid Highways'' account, the Federal Transit Administration's ``Transit Planning and Research'' account, and to the Federal Railroad Administration's ``Safety and Operations'' account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. Sec. 511. Notwithstanding any other provision of law, rule or regulation, the Secretary of Transportation is authorized to allow the issuer of any preferred stock heretofore sold to the Department to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary. Sec. 512. None of the funds in title I of this Act may be used to make a grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any discretionary grant award, letter [[Page 342]] 118 STAT. 342 of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; or (3) any program of the Federal Transit Administration other than the formula grants and fixed guideway modernization programs: Provided, That no notification shall involve funds that are not available for obligation. Sec. 513. NOTE: Oklahoma. For the purpose of any applicable law, for fiscal year 2004, the City of Norman, Oklahoma, shall be considered to be part of the Oklahoma City Transportation Management Area. Sec. 514. None of the funds in title I of this Act may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. Sec. 515. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. Sec. 516. Rebates, refunds, incentive payments, minor fees and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. Sec. 517. Funds provided in this Act for the Working Capital Fund shall be reduced by $17,816,000, which limits fiscal year 2004 Working Capital Fund obligational authority for elements of the Department of Transportation funded in this Act to no more than $98,899,000: Provided, That such reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount included in each account for the Working Capital Fund. Sec. 518. Amounts made available in this or any other Act that the Secretary determines represent improper payments by the Department of Transportation to a third party contractor under a financial assistance award, which are recovered pursuant to law, shall be available-- (1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and (2) to pay contractors for services provided in recovering improper payments: Provided, That amounts in excess of that required for paragraphs (1) and (2)-- (A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available; or (B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: [[Page 343]] 118 STAT. 343 Provided, NOTE: Notification. That prior to the transfer of any such recovery to an appropriations account, the Secretary shall notify the House and Senate Committees on Appropriations of the amount and reasons for such transfer: Provided further, That for purposes of this section, the term ``improper payments'', has the same meaning as that provided in section 2(d)(2) of Public Law 107-300. Sec. 519. The Secretary of Transportation is authorized to transfer the unexpended balances available for the bonding assistance program from ``Office of the Secretary, Salaries and expenses'' to ``Minority Business Outreach''. Sec. 520. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930. Sec. 521. (a) In General.--The Secretary of Transportation-- (1) shall, without regard to any fiscal year limitation, maintain in full force and effect the restrictions imposed under Federal Aviation Administration Notices to Airmen FDC 3/2122, FDC 3/2123, and FDC 2/0199; and (2) may not grant any waivers or exemptions from such restrictions, except-- (A) as authorized by air traffic control for operational or safety purposes; (B) with respect to an event, stadium, or other venue-- (i) for operational purposes; (ii) for the transport of team members, officials of the governing body, and immediate family members and guests of such team members and officials to and from such event, stadium, or venue; (iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting event; (iv) to permit a broadcast rights holder to provide broadcast coverage of such event, stadium, or venue; and (v) for safety and security purposes related to such event, stadium, or venue; and (C) to allow the operation of an aircraft in restricted airspace to the extent necessary to arrive at or depart from an airport using standard air traffic control procedures. (b) Limitations on Use of Funds.--None of the funds appropriated or otherwise made available by title I of this Act may be obligated or expended to terminate or limit the restrictions imposed under the Federal Aviation Administration Notices to Airmen referred to in subsection (a), or to grant waivers of, or exemptions from, such restrictions except as provided under subsection (a)(2). (c) Broadcast Contracts not Affected.--Nothing in this section shall be construed to affect contractual rights pertaining to any broadcasting agreement. Sec. 522. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee [[Page 344]] 118 STAT. 344 who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service, and has within 90 days after his release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto. Sec. 523. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy America Act''). Sec. 524. (a) Purchase of American-Made Equipment and Products.-- Hereafter, in the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American- made equipment and products. (b) Notice to Recipients of Assistance.--In providing financial assistance under this Act, the Secretary of the Treasury shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. Sec. 525. Hereafter, if it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 526. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2004 from appropriations made available for salaries and expenses for fiscal year 2004 in this Act, shall remain available through September 30, 2005, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines. Sec. 527. None of the funds made available in this Act may be used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual, except when-- (1) such individual has given his or her express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or (2) such request is required due to extraordinary circumstances involving national security. Sec. 528. The cost accounting standards promulgated under section 26 of the Office of Federal Procurement Policy Act (Public Law 93-400; 41 U.S.C. 422) shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code. [[Page 345]] 118 STAT. 345 Sec. 529. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office pursuant to court approval. Sec. 530. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act (41 U.S.C. 10a-10c). Sec. 531. NOTE: Abortion. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions. Sec. 532. The provision of section 531 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. Sec. 533. None of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2004, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that-- (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is greater; or (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is greater, unless prior approval is received from the House and Senate Committees on Appropriations. Sec. 534. None of the funds made available in this Act may be used to require a State or local government to post a traffic control device or variable message sign, or any other type of traffic warning sign, in a language other than English, except with respect to the names of cities, streets, places, events, or signs related to an international border. Sec. 535. Exemption From Limitations on Procurement of Foreign Information Technology That Is a Commercial Item. (a) Exemption.--In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code, that is a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)). (b) Definition.--Section 11101(6) of title 40, United States Code, is amended-- (1) in subparagraph (A), by inserting after ``storage,'' the following: ``analysis, evaluation,''; and [[Page 346]] 118 STAT. 346 (2) in subparagraph (B), by striking ``ancillary equipment,'' and inserting ``ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer,''. Sec. 536. It is the sense of the House of Representatives that empowerment zones within cities should have the necessary flexibility to expand to include relevant communities so that empowerment zone benefits are equitably distributed. Sec. 537. It is the sense of the House of Representatives that all census tracts contained in an empowerment zone, either fully or partially, should be equitably accorded the same benefits. Sec. 538. None of the funds made available in this Act may be used to finalize, implement, administer, or enforce-- (1) the proposed rule relating to the determination that real estate brokerage is an activity that is financial in nature or incidental to a financial activity published in the Federal Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or (2) the revision proposed in such rule to section 1501.2 of title 12, Code of Federal Regulations. Sec. 539. It is the sense of Congress that, after proper documentation, justification, and review, the Department of Transportation should consider programs to reimburse general aviation ground support services at Ronald Reagan Washington National Airport, and airports located within fifteen miles of Ronald Reagan Washington National Airport, for their financial losses due to Government actions after the terrorist attacks of September 11, 2001. Sec. 540. It is the sense of the House of Representatives that public private partnerships (PPPs) could help eliminate some of the cost drivers behind complex, capital-intensive highway and transit projects. The House of Representatives encourages the Secretary of Transportation to apply available funds to select projects that are in the development phase, eligible under title 23 and title 49, United States Code, except 23 U.S.C. 133(b)(8), and that employ a PPP strategy. Sec. 541. Section 414(h) of title 39, United States Code, is amended by striking ``2003'' and inserting ``2005''. Sec. 542. NOTE: Fees. None of the funds in title I of this Act may be used to adopt rules or regulations concerning travel agent service fees unless the Department of Transportation publishes in the Federal Register revisions to the proposed rule and provides a period for additional public comment on such proposed rule for a period not less than 60 days. Sec. 543. (a) Section 103 of the Presidential Recordings and Materials Preservation Act (Public Law 93-526; 44 U.S.C. 2111 note) is amended by striking the second sentence and inserting the following: ``The Archivist may transfer such recordings and materials to a Presidential archival depository in accordance with section 2112 of title 44, United States Code.''. (b) Nothing in section 103 of the Presidential Recordings and Materials Preservation Act (Public Law 93-526; 44 U.S.C. 2111 note), as amended by subsection (a), may be construed as affecting public access to the recordings and materials referred to in that section as provided in regulations promulgated pursuant to section 104 of such Act. [[Page 347]] 118 STAT. 347 Sec. NOTE: Oklahoma City National Memorial Act Amendments of 2003. 16 USC 450ss note. 544. Amendments to Oklahoma City National Memorial Act of 1997. (a) Short Title.--This section may be cited as the ``Oklahoma City National Memorial Act Amendments of 2003''. (b) Foundation Defined; Conforming Amendment.--Section 3 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-1) is amended-- (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; (2) by inserting immediately preceding paragraph (2) (as so redesignated by paragraph (1) of this subsection) the following new paragraph: ``(1) Foundation.--The term `Foundation' means the Oklahoma City National Memorial Foundation, a not-for-profit corporation that is-- ``(A) described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) exempt from taxation under section 501(a) of such Code; and ``(C) dedicated to the support of the Memorial.''; and (3) in paragraph (3), by striking ``designated under section 5(a)''. (c) Administration of Memorial by Foundation.--Section 4 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-2) is amended-- (1) in subsection (a)-- (A) by striking ``a unit'' and inserting ``an affiliate''; and (B) by striking the second sentence; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following new subsection: ``(b) Administration of Memorial.--The Foundation shall administer the Memorial in accordance with this Act and the general objectives of the `Memorial Mission Statement', adopted March 26, 1996, by the Foundation.''; and (4) in subsection (c) (as so redesignated by paragraph (2) of this subsection) by striking ``1997 (hereafter'' and all that follows through the final period and inserting ``1997. The map shall be on file and available for public inspection in the appropriate office of the Foundation.''. (d) Transfer of Memorial Property, Rights, Authorities, and Duties.--Section 5 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-3) is amended to read as follows: ``SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, AND DUTIES. ``(a) Transfer of Memorial Property.-- ``(1) In general.--Not NOTE: Deadline. later than 90 days after the date of the enactment of the Oklahoma City National Memorial Act Amendments of 2003, the Trust shall transfer to the Foundation-- ``(A) all assets of the Trust, including all real and personal property of the Memorial, any appurtenances, buildings, facilities, monuments, contents, artifacts, contracts and contract rights, accounts, deposits, intangibles, trademarks, trade names, copyrights, all other intellectual [[Page 348]] 118 STAT. 348 property, all other real and personal property of every kind and character comprising the Memorial, and any amounts appropriated for the Trust; ``(B) any property owned by the Trust that is adjacent or related to the Memorial; and ``(C) all property maintained for the Memorial, together with all rights, authorities, and duties relating to the ownership, administration, operation, and management of the Memorial. ``(2) Subsequent gifts.--Any artifact, memorial, or other personal property that is received by, or is intended by any person to be given to, the Trust after the date of transfer of property under paragraph (1) shall be the property of the Foundation. ``(b) Assumption of Trust Obligations.--Any obligations of the Trust relating to the Memorial that have been approved by the Trust before the date on which the property is transferred under subsection (a) shall become the responsibility of the Foundation on the date of the transfer. ``(c) Dissolution of Trust.-- Not NOTE: Deadline. Notification. later than 30 days after the transfer under subsection (a) is completed-- ``(1) the Trust shall be dissolved; and ``(2) the Trust shall notify the Secretary of the date of dissolution. ``(d) Authority to Enter Into Agreements.--The Secretary, acting through the National Park Service, is authorized to enter into 1 or more cooperative agreements with the Foundation for the National Park Service to provide interpretive services related to the Memorial and such other assistance as may be agreed upon between the Secretary and the Foundation. The costs of the services and other agreed assistance shall be paid by the Secretary. ``(e) General Services Administration Authority.--The Administrator of General Services shall provide, on a non-reimbursable basis, services necessary for the facilitation of the transfer of the Memorial to the Foundation. ``(f) Limitation.--Nothing in this Act shall prohibit the use of State and local law enforcement for the purposes of security related to the Memorial.''. (e) Repeal of Duties and Authorities of Trust.-- (1) In general.--Section 6 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-4) is repealed. (2) Effective date.--The NOTE: 16 USC 450ss-4 note. repeal under this subsection shall take effect upon the transfer of the Memorial property, rights, authorities, and duties pursuant to the amendments made by subsection (d). (f) Authorization of Appropriations.--Section 7 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-5) is amended-- (1) in paragraph (1), by inserting ``for an endowment fund subject to paragraph (2)'' after ``the sum of $5,000,000''; and (2) in paragraph (2)-- (A) by striking ``Trust or to the Oklahoma City Memorial''; and (B) by striking ``or operation'' and inserting ``operation, or endowment''. (g) NOTE: 16 USC 450ss-3 note. Authorization of Secretary to Reimburse Previous Costs Paid by Foundation or Trust.--To the extent that funds [[Page 349]] 118 STAT. 349 are made available for the Trust, the Secretary of the Interior shall reimburse the Oklahoma City National Memorial Foundation for funds obligated or expended by the Oklahoma City National Memorial Foundation or the Oklahoma City National Memorial Trust to the Secretary of the Interior for interpretive services, security, and other costs and services related to the Oklahoma City National Memorial before the date of the enactment of this Act. The Oklahoma City National Memorial Foundation may use such reimbursed funds for the operation, maintenance, and permanent endowment of the Oklahoma City National Memorial. (h) Repeal of Disposition of Site of Alfred P. Murrah Federal Building.--Section 8 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-6) is repealed. (i) Repeal of Study Requirement.--Section 9 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-7) is repealed. Sec. 545. Notwithstanding any other provision of law, the unobligated balance of funds made available to the District of Columbia under item 70 in the table contained in section 1106(b)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2047) and the unobligated balance of funds made available to the District of Columbia under item 554 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century (Public Law 105-178, as amended; 112 Stat. 277) shall be made available to carry out a project for the replacement of the existing bridge on Kenilworth Avenue over Nannie Helen Burroughs Avenue and for a ferry and ferry facility project on the Anacostia River. Sec. 546. Section 345(6), NOTE: 117 Stat. 418. division I, of Public Law 108-7 is amended by adding at the end of the section the following ``In implementing section 345(6) the Secretary may also modify the permitted uses of draws on the lines of credit to include any repair and replacement costs.''. Sec. 547. Notwithstanding any other provision of law, projects and activities described in the statement of managers accompanying this Act under the headings ``Federal-Aid Highways'' and ``Federal Transit Administration'' shall be eligible for fiscal year 2004 funds made available for the program for which each project or activity is so designated and projects and activities under the heading ``Job Access and Reverse Commute Grants'' shall be awarded those grants upon receipt of an application. TITLE VI--GENERAL PROVISIONS Departments, Agencies, and Corporations Sec. 601. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate family of employees serving abroad in cases of death or life threatening illness of said employee. Sec. 602. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2004 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as [[Page 350]] 118 STAT. 350 defined in the Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality. Sec. 603. NOTE: 31 USC 1343 note. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further, That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101-549 over the cost of comparable conventionally fueled vehicles. Sec. 604. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922-5924. Sec. 605. NOTE: 5 USC 3101 note. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person in the service of the United States on the date of the enactment of this Act who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States; (3) is a person who owes allegiance to the United States; (4) is an alien from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United States for permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975; or (6) is a national of the People's Republic of China who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided, That for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, That any person making a false affidavit shall be guilty of a felony, and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or the Republic of the Philippines, or to nationals of those countries allied [[Page 351]] 118 STAT. 351 with the United States in a current defense effort, or to international broadcasters employed by the United States Information Agency, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies. Sec. 606. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable law. Sec. 607. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13101 (September 14, 1998), including any such programs adopted prior to the effective date of the Executive order. (2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. Sec. 608. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. Sec. 609. No part of any appropriation for the current fiscal year contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person. Sec. 610. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. Sec. 611. Funds made available by this or any other Act to the Postal Service Fund (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by the Postal Service and under the charge and control of the [[Page 352]] 118 STAT. 352 Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c). Sec. 612. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. Sec. 613. (a) NOTE: 5 USC 5343 note. Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2004, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code-- (1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2004, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and (2) during the period consisting of the remainder of fiscal year 2004, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of-- (A) the percentage adjustment taking effect in fiscal year 2004 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and (B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2004 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section. (b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which subsection (a) is in effect at a rate that exceeds the rates that would be payable under subsection (a) were subsection (a) applicable to such employee. (c) NOTE: Regulations. For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 2003, shall be determined under regulations prescribed by the Office of Personnel Management. (d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 2003, except to the [[Page 353]] 118 STAT. 353 extent determined by the Office of Personnel Management to be consistent with the purpose of this section. (e) NOTE: Applicability. This section shall apply with respect to pay for service performed after September 30, 2003. (f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay. (g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect. (h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. Sec. 614. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on Appropriations. For the purposes of this section, the term ``office'' shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual. Sec. 615. Notwithstanding section 1346 of title 31, United States Code, or section 610 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 12472 (April 3, 1984). Sec. 616. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the White House. (b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from-- (1) the Central Intelligence Agency; (2) the National Security Agency; (3) the Defense Intelligence Agency; (4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; [[Page 354]] 118 STAT. 354 (5) the Bureau of Intelligence and Research of the Department of State; (6) any agency, office, or unit of the Army, Navy, Air Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and (7) the Director of Central Intelligence. Sec. 617. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for the current fiscal year shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not in violation of title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973. Sec. 618. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who-- (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or (2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1). Sec. 619. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that-- (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; [[Page 355]] 118 STAT. 355 (4) contains any methods or content associated with religious or quasi-religious belief systems or ``new age'' belief systems as defined in Equal Employment Opportunity Commission Notice N-915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. Sec. 620. No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: ``These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive order and listed statutes are incorporated into this agreement and are controlling.'': Provided, That notwithstanding the preceding paragraph, a nondisclosure policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. Sec. 621. NOTE: Lobbying. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. Sec. 622. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee's home address to any labor organization except when the employee [[Page 356]] 118 STAT. 356 has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction. Sec. 623. None of the funds made available in this Act or any other Act may be used to provide any non-public information such as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations. Sec. 624. No part of any appropriation contained in this or any other Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. Sec. 625. (a) In this section the term ``agency''-- (1) means an executive agency as defined under section 105 of title 5, United States Code; (2) includes a military department as defined under section 102 of such title, the Postal Service, and the Postal Rate Commission; and (3) shall not include the General Accounting Office. (b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under section 6301(2) of title 5, United States Code, has an obligation to expend an honest effort and a reasonable proportion of such employee's time in the performance of official duties. Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Joint Financial Management Improvement Program (JFMIP), shall be available to finance an appropriate share of JFMIP administrative costs, as determined by the JFMIP, but not to exceed a total of $800,000 including the salary of the Executive Director and staff support. Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of this Act, the head of each executive department and agency is hereby authorized to transfer to or reimburse the ``Policy and Citizen Services'' account, General Services Administration, with the approval of the Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts. These funds shall be administered by the Administrator of General Services to support Government-wide financial, information technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency groups designated by the Director (including the Chief Financial Officers Council and the Joint Financial Management Improvement Program for financial management initiatives, the Chief Information Officers Council for information technology initiatives, and the Procurement Executives Council for procurement initiatives). The total funds transferred or reimbursed shall not exceed $17,000,000. Such transfers or reimbursements may only be made 15 days following notification of the Committees on Appropriations by the Director of the Office of Management and Budget. Sec. 628. None of the funds made available in this or any other Act may be used by the Office of Personnel Management or any other department or agency of the Federal Government [[Page 357]] 118 STAT. 357 to prohibit any agency from using appropriated funds as they see fit to independently contract with private companies to provide online employment applications and processing services. Sec. 629. NOTE: Breastfeeding. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. Sec. 630. Nothwithstanding section 1346 of title 31, United States Code, or section 610 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of specific projects, workshops, studies, and similar efforts to carry out the purposes of the National Science and Technology Council (authorized by Executive Order No. 12881), which benefit multiple Federal departments, agencies, or entities: Provided, NOTE: Reports. Deadline. That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science; and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act. Sec. 631. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall indicate the agency providing the funds, the Catalog of Federal Domestic Assistance Number, as applicable, and the amount provided. This provision shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds. Sec. 632. Subsection (f) of section 403 of Public Law 103-356 (31 U.S.C. 501 note) is amended by striking ``October 1, 2003'' and inserting ``October 1, 2004''. Sec. 633. (a) Prohibition of Federal Agency Monitoring of Personal Information on Use of Internet.--None of the funds made available in this or any other Act may be used by any Federal agency-- (1) to collect, review, or create any aggregate list, derived from any means, that includes the collection of any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or (2) to enter into any agreement with a third party (including another Government agency) to collect, review, or obtain any aggregate list, derived from any means, that includes the collection of any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site. (b) Exceptions.--The limitations established in subsection (a) shall not apply to-- (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; (3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or (4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to the rendition of the Internet site [[Page 358]] 118 STAT. 358 services or to the protection of the rights or property of the provider of the Internet site. (c) Definitions.--For the purposes of this section: (1) The term ``regulatory'' means agency actions to implement, interpret or enforce authorities provided in law. (2) The term ``supervisory'' means examinations of the agency's supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law. Sec. 634. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. (b) Nothing in this section shall apply to a contract with-- (1) any of the following religious plans: (A) Personal Care's HMO; and (B) OSF Health Plans, Inc.; and (2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs. (c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual's religious beliefs or moral convictions. (d) NOTE: Abortion. Nothing in this section shall be construed to require coverage of abortion or abortion-related services. Sec. 635. The Congress of the United States recognizes the United States Anti-Doping Agency (USADA) as the official anti-doping agency for Olympic, Pan American, and Paralympic sport in the United States. Sec. 636. NOTE: Deadline. Reports. Not later than 6 months after the date of enactment of this Act, the Inspector General of each applicable department or agency shall submit to the Committee on Appropriations a report detailing what policies and procedures are in place for each department or agency to give first priority to the location of new offices and other facilities in rural areas, as directed by the Rural Development Act of 1972. Sec. 637. None of the funds made available under this or any other Act for fiscal year 2004 shall be expended for the purchase of a product or service offered by Federal Prison Industries, Inc., unless the agency making such purchase determines that such offered product or service provides the best value to the buying agency pursuant to Government-wide procurement regulations, issued pursuant to section 25(c)(1) of the Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose procedures, standards, and limitations of section 2410n of title 10, United States Code. Sec. 638. NOTE: Credit. 5 USC 5701 note. Each executive department and agency shall evaluate the creditworthiness of an individual before issuing the individual a Government purchase charge card or Government travel charge card. The department or agency may not issue a Government purchase charge card or Government travel charge card to an individual that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided, That this restriction shall not preclude issuance of a restricted-use charge, debit, or stored value card made in accordance with agency [[Page 359]] 118 STAT. 359 procedures to (a) an individual with an unsatisfactory credit history where such card is used to pay travel expenses and the agency determines there is no suitable alternative payment mechanism available before issuing the card, or (b) an individual who lacks a credit history. Each executive department and agency shall establish guidelines and procedures for disciplinary actions to be taken against agency personnel for improper, fraudulent, or abusive use of Government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at establishments, that are inconsistent with the official business of the Department or agency or with applicable standards of conduct. Sec. 639. Section 640(c) of the Treasury and General Government Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note 1), as amended by section 642 of the Treasury and General Government Appropriations Act, 2002 (Public Law 107-67), is amended by striking ``December 31, 2003'' and inserting ``December 31, 2005''. Sec. 640. (a) NOTE: Effective date. 5 USC 5303 note. The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2004 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 4.1 percent, and this adjustment shall apply to civilian employees in the Department of Defense and the Department of Homeland Security and such adjustments shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2004. (b) Notwithstanding section 613 of this Act, the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2004 under sections 5344 and 5348 of title 5, United States Code, shall be no less than the percentage in paragraph (a) as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to be located in the pay locality designated as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of this paragraph. (c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or agency for salaries and expenses for fiscal year 2004. Sec. 641. Section 304(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)) is amended as follows-- (1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by striking ``(or posted by registered or certified mail no later than the 15th day before)'' and inserting ``(or posted by any of the following: registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, or delivered to an overnight delivery service with an on-line tracking system, if posted or delivered no later than the 15th day before)''; and (2) by striking paragraph (a)(5) and inserting the following: ``(5) If a designation, report, or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent by registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, the United States postmark [[Page 360]] 118 STAT. 360 shall be considered the date of filing the designation, report or statement. If a designation, report or statement filed pursuant to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii), or subsection (g)(1)) is sent by an overnight delivery service with an on-line tracking system, the date on the proof of delivery to the delivery service shall be considered the date of filing of the designation, report, or statement.''. Sec. 642. Notwithstanding any other provision of law, funds appropriated for official travel by Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A-126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program. Sec. 643. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities. Sec. 644. None of the funds provided in this Act shall be used to implement or enforce regulations for locality pay areas in fiscal year 2004 that are inconsistent with the recommendations of the Federal Salary Council adopted on October 7, 2003. Sec. 645. (a) NOTE: Deadline. Reports. Not later than 180 days after the enactment of this Act, the head of each Federal agency shall submit a report to Congress on the amount of the acquisitions made by the agency from entities that manufacture the articles, materials, or supplies outside of the United States in that fiscal year. (b) The report required by subsection (a) shall separately indicate-- (1) the dollar value of any articles, materials, or supplies purchased that were manufactured outside of the United States; (2) an itemized list of all waivers granted with respect to such articles, materials, or supplies under the Buy American Act (41 U.S.C. 10a et seq.); and (3) a summary of the total procurement funds spent on goods manufactured in the United States versus funds spent on goods manufactured outside of the United States. (c) NOTE: Public information. The head of each Federal agency submitting a report under subsection (a) shall make the report publicly available to the maximum extent practicable. Sec. 646. Notwithstanding any other provision of law, none of the funds appropriated or made available under this Act or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch): Provided, That if such proposed regulations are final regulations on the date of enactment of this Act, none of the funds appropriated or made available under this [[Page 361]] 118 STAT. 361 Act may be used to implement, administer, or enforce such final regulations. Sec. 647. (a) Limitation on Conversion to Contractor Performance.-- None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of an executive agency, that on or after the date of enactment of this Act, is performed by more than 10 Federal employees unless-- (1) the conversion is based on the result of a public- private competition plan that includes a most efficient and cost effective organization plan developed by such activity or function; and (2) the Competitive Sourcing Official considers, as part of the cost or price evaluation, whether over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the executive agency by an amount that equals or exceeds the lesser of-- (A) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or (B) $10,000,000. (b) NOTE: Deadline. Reports. 31 USC 501 note. Not later than 120 days following the enactment of this Act and not later than December 31 of each year thereafter, the head of each executive agency shall submit to Congress a report on the competitive sourcing activities on the list required under the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note) that were performed for such executive agency during the previous fiscal year by Federal Government sources. The report shall include-- (1) the total number of competitions completed; (2) the total number of competitions announced, together with a list of the activities covered by such competitions; (3) the total number (expressed as a full-time employee equivalent number) of the Federal employees studied under completed competitions; (4) the total number (expressed as a full-time employee equivalent number) of the Federal employees that are being studied under competitions announced but not completed; (5) the incremental cost directly attributable to conducting the competitions identified under paragraphs (1) and (2), including costs attributable to paying outside consultants and contractors; (6) an estimate of the total anticipated savings, or a quantifiable description of improvements in service or performance, derived from completed competitions; (7) actual savings, or a quantifiable description of improvements in service or performance, derived from the implementation of competitions completed after May 29, 2003; (8) the total projected number (expressed as a full-time employee equivalent number) of the Federal employees that are to be covered by competitions scheduled to be announced in the fiscal year covered by the next report required under this section; and (9) a general description of how the competitive sourcing decisionmaking processes of the executive agency are aligned with the strategic workforce plan of that executive agency. [[Page 362]] 118 STAT. 362 (c) The head of an executive agency may not be required, under Office of Management and Budget Circular A-76 or any other policy, directive, or regulation, to automatically limit to 5 years or less the performance period in a letter of obligation, or other agreement, issued to executive agency employees, if such a letter or other agreement was issued as the result of a public-private competition conducted in accordance with the circular. (d) NOTE: 31 USC 501 note. Hereafter, the head of an executive agency may expend funds appropriated or otherwise made available for any purpose to the executive agency under this or any other Act to monitor (in the administration of responsibilities under Office of Management and Budget Circular A-76 or any related policy, directive, or regulation) the performance of an activity or function of the executive agency that has previously been subjected to a public-private competition under such circular. (e) An activity or function of an executive agency that is converted to contractor performance under Office of Management and Budget Circular A-76 may not be performed by the contractor at a location outside the United States except to the extent that such activity or function was previously performed by Federal Government employees outside the United States. (f) NOTE: 31 USC 501 note. In this section, the term ``executive agency'' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). Sec. 648. Notwithstanding section 1346 of title 31, United States Code, and section 610 of this Act, the head of each executive department and agency shall transfer to or reimburse the Federal Aviation Administration, with the approval of the Director of the Office of Management and Budget, funds made available by this or any other Act for the purposes described below, and shall submit budget requests for such purposes. These funds shall be administered by the Federal Aviation Administration as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency groups designated by the Director to ensure the operation of the Midway Atoll Airfield by the Federal Aviation Administration pursuant to an operational agreement with the Department of the Interior. The total funds transferred or reimbursed shall not exceed $6,000,000 and shall not be available for activities other than the operation of the airfield. NOTE: Notification. Deadline. The Director of the Office of Management and Budget shall notify the Committees on Appropriations of such transfers or reimbursements within 15 days of this Act. NOTE: Deadline. Such transfers or reimbursements shall begin within 30 days of enactment of this Act. This division may be cited as the ``Transportation, Treasury, and Independent Agencies Appropriations Act, 2004''. [[Page 363]] 118 STAT. 363 DIVISION G--DEPARTMENTS NOTE: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004. OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004 An Act Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 2004, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 2004, and for other purposes, namely: TITLE I--DEPARTMENT OF VETERANS AFFAIRS Veterans Benefits Administration Compensation and Pensions (including transfer of funds) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, emergency and other officers' retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of article IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 540 et seq.) and for other benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), $29,845,127,000, to remain available until expended: Provided, That not to exceed $17,056,000 of the amount appropriated under this heading shall be reimbursed to ``General operating expenses'' and ``Medical services'' for necessary expenses in implementing those provisions authorized in the Omnibus Budget Reconciliation Act of 1990, and in the Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the funding source for which is specifically provided as the ``Compensation and pensions'' appropriation: Provided further, That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to ``Medical facilities revolving fund'' to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. readjustment benefits For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by law (38 U.S.C. chapters [[Page 364]] 118 STAT. 364 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,529,734,000, to remain available until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under section 3104(a) of title 38, United States Code, other than under subsection (a)(1), (2), (5), and (11) of that section, shall be charged to this account. veterans insurance and indemnities For military and naval insurance, national service life insurance, servicemen's indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487, $29,017,000, to remain available until expended. veterans housing benefit program fund program account (including transfer of funds) For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by 38 U.S.C. chapter 37, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That during fiscal year 2004, within the resources available, not to exceed $300,000 in gross obligations for direct loans are authorized for specially adapted housing loans. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $154,850,000, which may be transferred to and merged with the appropriation for ``General operating expenses''. education loan fund program account (including transfer of funds) For the cost of direct loans, $1,000, as authorized by 38 U.S.C. 3698, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $3,400. In addition, for administrative expenses necessary to carry out the direct loan program, $70,000, which may be transferred to and merged with the appropriation for ``General operating expenses''. vocational rehabilitation loans program account (including transfer of funds) For the cost of direct loans, $52,000, as authorized by 38 U.S.C. chapter 31, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed $3,938,000. In addition, for administrative expenses necessary to carry out the direct loan program, $300,000, which may be transferred [[Page 365]] 118 STAT. 365 to and merged with the appropriation for ``General operating expenses''. native american veteran housing loan program account (including transfer of funds) For administrative expenses to carry out the direct loan program authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000, which may be transferred to and merged with the appropriation for ``General operating expenses'': Provided, That no new loans in excess of $50,000,000 may be made in fiscal year 2004. guaranteed transitional housing loans for homeless veterans program account For the administrative expenses to carry out the guaranteed transitional housing loan program authorized by 38 U.S.C. chapter 37, subchapter VI, not to exceed $600,000 of the amounts appropriated by this Act for ``General operating expenses'' and ``Medical services'' may be expended. Veterans Health Administration medical services For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in paragraphs (1) through (8) of section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the department and including medical supplies and equipment and salaries and expenses of health-care employees hired under title 38, United States Code, and aid to State homes as authorized by section 1741 of title 38, United States Code; $17,867,220,000, plus reimbursements: Provided, That of the funds made available under this heading, not to exceed $1,100,000,000 shall be available until September 30, 2005: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for treatment for veterans who are service-connected disabled, lower income, or have special needs: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority groups 1 through 6: Provided further, That of the funds made available under this heading, the Secretary may transfer up to $400,000,000 to ``Construction, major projects'' for purposes of implementing CARES subject to a determination by the Secretary that such funds will improve access and quality of veteran's health care needs: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation of the program described in the previous proviso shall incur no additional cost to the Department of Veterans Affairs. [[Page 366]] 118 STAT. 366 medical administration For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; information technology hardware and software; uniforms or allowances therefor, as authorized by sections 5901-5902 of title 5, United States Code; and administrative and legal expenses of the department for collecting and recovering amounts owed the department as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.); $5,000,000,000, of which $150,000,000 shall be available until September 30, 2005, plus reimbursements. medical facilities For necessary expenses for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities and other necessary facilities for the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction and renovation of any facility under the jurisdiction or for the use of the department; for oversight, engineering and architectural activities not charged to project costs; for repairing, altering, improving or providing facilities in the several hospitals and homes under the jurisdiction of the department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry and food services, $4,000,000,000, of which $150,000,000 shall be available until September 30, 2005. medical and prosthetic research For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 of title 38, United States Code, to remain available until September 30, 2005, $408,000,000, plus reimbursements. Departmental Administration general operating expenses For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative expenses in support of department-wide capital planning, management and policy activities, uniforms or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail, $1,283,272,000: Provided, That expenses for services and assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5), and (11) that the Secretary determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: Provided further, That the Veterans Benefits Administration shall be funded at not less than $1,005,000,000: Provided [[Page 367]] 118 STAT. 367 further, That of the funds made available under this heading, not to exceed $66,000,000 shall be available for obligation until September 30, 2005: Provided further, That from the funds made available under this heading, the Veterans Benefits Administration may purchase up to two passenger motor vehicles for use in operations of that Administration in Manila, Philippines. national cemetery administration For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; and hire of passenger motor vehicles, $144,203,000: Provided, That of the funds made available under this heading, not to exceed $7,200,000 shall be available until September 30, 2005. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $62,000,000, to remain available until September 30, 2005. construction, major projects For constructing, altering, extending and improving any of the facilities including parking projects under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, United States Code, including planning, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is more than the amount set forth in 38 U.S.C. 8104(a)(3)(A) or where funds for a project were made available in a previous major project appropriation, $272,690,000, to remain available until expended, of which $181,000,000 shall be for Capital Asset Realignment for Enhanced Services (CARES) activities; and of which $10,000,000 shall be to make reimbursements as provided in 41 U.S.C. 612 for claims paid for contract disputes: Provided, That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, such as portfolio development and management activities, and investment strategy studies funded through the advance planning fund and the planning and design activities funded through the design fund and CARES funds, including needs assessments which may or may not lead to capital investments, none of the funds appropriated under this heading shall be used for any project which has not been approved by the Congress in the budgetary process: Provided further, That funds provided in this appropriation for fiscal year 2004, for each approved project (except those for CARES activities referenced above) shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2004; and (2) by the awarding of a construction [[Page 368]] 118 STAT. 368 contract by September 30, 2005: Provided further, NOTE: Reports. That the Secretary of Veterans Affairs shall promptly report in writing to the Committees on Appropriations any approved major construction project in which obligations are not incurred within the time limitations established above. construction, minor projects For constructing, altering, extending, and improving any of the facilities including parking projects under the jurisdiction or for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where the estimated cost of a project is equal to or less than the amount set forth in 38 U.S.C. 8104(a)(3)(A), $252,144,000, to remain available until expended, along with unobligated balances of previous ``Construction, minor projects'' appropriations which are hereby made available for any project where the estimated cost is equal to or less than the amount set forth in 38 U.S.C. 8104(a)(3)(A), of which $40,000,000 shall be for Capital Asset Realignment for Enhanced Services (CARES) activities: Provided, That from amounts appropriated under this heading, additional amounts may be used for CARES activities upon notification of and approval by the Committees on Appropriations: Provided further, That funds in this account shall be available for: (1) repairs to any of the nonmedical facilities under the jurisdiction or for the use of the department which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary to prevent or to minimize further loss by such causes. grants for construction of state extended care facilities For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify or alter existing hospital, nursing home and domiciliary facilities in State homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-8137, $102,100,000, to remain available until expended. grants for the construction of state veterans cemeteries For grants to aid States in establishing, expanding, or improving State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000, to remain available until expended. administrative provisions (including rescission of funds) Sec. 101. Any appropriation for fiscal year 2004 for ``Compensation and pensions'', ``Readjustment benefits'', and ``Veterans insurance and indemnities'' may be transferred to any other of the mentioned appropriations. [[Page 369]] 118 STAT. 369 Sec. 102. Appropriations available to the Department of Veterans Affairs for fiscal year 2004 for salaries and expenses shall be available for services authorized by 5 U.S.C. 3109 hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by 5 U.S.C. 5901-5902. Sec. 103. No appropriations in this Act for the Department of Veterans Affairs (except the appropriations for ``Construction, major projects'', ``Construction, minor projects'', and the ``Parking revolving fund'') shall be available for the purchase of any site for or toward the construction of any new hospital or home. Sec. 104. No appropriations in this Act for the Department of Veterans Affairs shall be available for hospitalization or examination of any persons (except beneficiaries entitled under the laws bestowing such benefits to veterans, and persons receiving such treatment under 5 U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost is made to the ``Medical services'' account at such rates as may be fixed by the Secretary of Veterans Affairs. Sec. 105. Appropriations available to the Department of Veterans Affairs for fiscal year 2004 for ``Compensation and pensions'', ``Readjustment benefits'', and ``Veterans insurance and indemnities'' shall be available for payment of prior year accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 2003. Sec. 106. Appropriations accounts available to the Department of Veterans Affairs for fiscal year 2004 shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from title X of the Competitive Equality Banking Act, Public Law 100-86, except that if such obligations are from trust fund accounts they shall be payable from ``Compensation and pensions''. Sec. 107. Notwithstanding any other provision of law, during fiscal year 2004, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life Insurance Fund (38 U.S.C. 1923), and the United States Government Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating expenses'' account for the cost of administration of the insurance programs financed through those accounts: Provided, That reimbursement shall be made only from the surplus earnings accumulated in an insurance program in fiscal year 2004 that are available for dividends in that program after claims have been paid and actuarially determined reserves have been set aside: Provided further, That if the cost of administration of an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 2004 which is properly allocable to the provision of each insurance program and to the provision of any total disability income insurance included in such insurance program. Sec. 108. NOTE: Termination date. 31 USC 501 note. Notwithstanding any other provision of law, the Department of Veterans Affairs shall continue the Franchise Fund pilot program authorized to be established by section 403 of Public Law 103-356 until October 1, 2004: Provided, That the Franchise Fund, established by title I of Public Law 104-204 to finance [[Page 370]] 118 STAT. 370 the operations of the Franchise Fund pilot program, shall continue until October 1, 2004. Sec. 109. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services, may be obligated during the fiscal year in which the proceeds are received. Sec. 110. Funds available in any Department of Veterans Affairs appropriation for fiscal year 2004 or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication for all services provided at rates which will recover actual costs but not exceed $29,318,000 for the Office of Resolution Management and $3,059,000 for the Office of Employment and Discrimination Complaint Adjudication: Provided, That payments may be made in advance for services to be furnished based on estimated costs: Provided further, That amounts received shall be credited to ``General operating expenses'' for use by the office that provided the service. Sec. 111. NOTE: Contracts. Reports. Deadline. No appropriations in this Act for the Department of Veterans Affairs shall be available to enter into any new lease of real property if the estimated annual rental is more than $300,000 unless the Secretary submits a report which the Committees on Appropriations of the Congress approve within 30 days following the date on which the report is received. Sec. 112. No appropriations in this Act for the Department of Veterans Affairs shall be available for hospitalization or treatment of any person by reason of eligibility under section 1710(a)(3) of title 38, United States Code, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require-- (1) current, accurate third-party reimbursement information for purposes of section 1729 of such title; and (2) annual income information for purposes of section 1722 of such title. Sec. 113. Of the amounts provided in this Act, $25,000,000 shall be for information technology initiatives to support the enterprise architecture of the Department of Veterans Affairs. Sec. 114. None of the funds in this Act may be used to implement sections 2 and 5 of Public Law 107-287. Sec. 115. Receipts that would otherwise be credited to the Veterans Extended Care Revolving Fund, the Medical Facilities Revolving Fund, the Special Therapeutic and Rehabilitation Fund, the Nursing Home Revolving Fund, the Veterans Health Services Improvement Fund, and the Parking Revolving Fund shall be deposited into the Medical Care Collections Fund, and shall be transferred to ``Medical services'', to remain available until expended, to carry out the purposes of ``Medical services''. Sec. 116. (a) NOTE: Contracts. The Secretary of Veterans Affairs shall conduct by contract a program of recovery audits for the fee basis and other medical services contracts with respect to payments for hospital care. Notwithstanding section 3302(b) of title 31, United States Code, amounts collected, by setoff or otherwise, as the result of such audits shall be available, without fiscal year limitation, for the purposes for which funds are appropriated under ``Medical services'' and the purposes of paying a contractor a percent of [[Page 371]] 118 STAT. 371 the amount collected as a result of an audit carried out by the contractor. (b) All amounts so collected under subsection (a) with respect to a designated health care region (as that term is defined in section 1729A(d)(2) of title 38, United States Code) shall be allocated, net of payments to the contractor, to that region. Sec. 117. Notwithstanding any other provision of law, at the discretion of the Secretary of Veterans Affairs, proceeds or revenues derived from enhanced-use leasing activities (including disposal) that are deposited into the Medical Care Collections Fund may be transferred and merged with ``Construction, major projects'' and ``Construction, minor projects'' accounts and be used for construction (including site acquisition and disposition), alterations and improvements of any medical facility under the jurisdiction or for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in ``Construction, major projects'' and ``Construction, minor projects''. Sec. 118. Amounts made available under ``Medical services'' are available-- (1) for furnishing recreational facilities, supplies, and equipment; and (2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the department. Sec. 119. That such sums as may be deposited to the Medical Care Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to ``Medical services'', to remain available until expended for the purposes of this account. Sec. 120. Amounts made available for fiscal year 2004 under the ``Medical services'', ``Medical administration'', and ``Medical facilities'' accounts may be transferred between the accounts to the extent necessary to implement the restructuring of the Veterans Health Administration accounts after notice of the amount and purpose of the transfer is provided to the Committees on Appropriations of the Senate and House of Representatives and a period of 30 days has elapsed: Provided, That the limitation on transfers is 20 percent in fiscal year 2004. Sec. 121. NOTE: Deadline. The Department of Veterans Affairs shall implement the Veterans Health Administration account structure described under this Act by no later than 90 days after the date of enactment of this Act and shall submit its fiscal year 2005 budget justifications using the identical structure provided under this Act. Sec. 122. That of the unobligated balances remaining from prior year recoveries under the heading ``Medical care'', $270,000,000 are rescinded. TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Public and Indian Housing housing certificate fund (including transfer and rescission of funds) For activities and assistance under the United States Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise provided for, $19,371,481,762, and amounts that are [[Page 372]] 118 STAT. 372 recaptured in this account, to remain available until expended: Provided, That of the amounts made available under this heading, $15,171,481,762 and the aforementioned recaptures shall be available on October 1, 2003 and $4,200,000,000 shall be available on October 1, 2004: Provided further, That amounts made available under this heading are provided as follows: (1) $17,635,130,745 for expiring or terminating section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for amendments to section 8 project- based subsidy contracts, for contracts entered into pursuant to section 441 of the McKinney-Vento Homeless Assistance Act, for the renewal of section 8 contracts for units in projects that are subject to approved plans of action under the Emergency Low Income Housing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for renewals of expiring section 8 tenant-based annual contributions contracts (including amendments and renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act (42 U.S.C. 1437f(t))): Provided, NOTE: Contracts. That notwithstanding any other provision of law, the Secretary shall renew expiring section 8 tenant-based annual contributions contracts for each public housing agency, (including for agencies participating in the Moving to Work demonstration, unit months representing section 8 tenant-based assistance funds committed by the public housing agency for specific purposes, other than reserves, that are authorized pursuant to any agreement and conditions entered into under such demonstration, and utilized in compliance with any applicable program obligation deadlines) based on the total number of unit months which were under lease as reported on the most recent end-of-year financial statement submitted by the public housing agency to the Department, or as adjusted by such additional information submitted by the public housing agency to the Secretary as of August 1, 2003 (subject to verification), and by applying an inflation factor based on local or regional factors to the actual per unit cost: Provided further, That none of the funds made available in this paragraph may be used to support a total number of unit months under lease which exceeds a public housing agency's authorized level of units under contract; (2) $136,846,017 for a central fund to be allocated by the Secretary for amendments to section 8 tenant-based annual contributions contracts for such purposes set forth in this paragraph: Provided, That subject to the following proviso, the Secretary may use amounts made available in such fund, as necessary, for an increase in the total number of unit months under lease as compared to the number of unit months under lease as of August 1, 2003, provided for by the annual contributions contract: Provided further, NOTE: Deadline. That if a public housing agency, at any point in time during their fiscal year, has obligated the amounts made available to such agency pursuant to paragraph (1) under this heading for the renewal of expiring section 8 tenant-based annual contributions contracts, and if such agency has expended 50 percent of the amounts available to such agency in its annual contributions contract reserve account, the Secretary may only make available amounts as are necessary from amounts available from such central fund [[Page 373]] 118 STAT. 373 to fund additional leased units under the preceding proviso within thirty days of a request from such agency: Provided further, That none of the funds made available in this paragraph may be used to support a total number of unit months under lease which exceeds a public housing agency's authorized level of units under contract: Provided further, NOTE: Reports. That the Secretary shall provide quarterly reports to the Committees on Appropriations of the House and the Senate on the obligation of funds provided in this paragraph in accordance with the directions specified in the report accompanying this Act; (3) $206,495,000 for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134), conversion of section 23 projects to assistance under section 8, the family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act (42 U.S.C.1437f(t)), and tenant protection assistance, including replacement and relocation assistance; (4) $48,000,000 for family self-sufficiency coordinators under section 23 of the Act; (5) not to exceed $1,242,000,000 for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $50,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs: Provided, That not to exceed $1,192,000,000 of the amount provided in this paragraph shall be allocated on a pro rata basis to public housing agencies based on the amount public housing agencies were eligible to receive in fiscal year 2003 without regard to the reduction required for excess administrative fee balances: Provided further, That, amounts under this paragraph shall be distributed according to the requirements of this paragraph and notwithstanding any other provision of law: Provided further, That none of the funds provided in this Act or any other Act may be used to supplement the amounts provided in this paragraph: Provided further, That all such administrative fee amounts provided under this paragraph shall be only for activities related to the provision of rental assistance under section 8, including related development activities; (6) $100,000,000 for contract administrators for section 8 project-based assistance; and (7) not less than $3,010,000 shall be transferred to the Working Capital Fund for the development of and modifications to information technology systems which serve programs or activities under ``Public and Indian Housing'': Provided, That the Secretary may transfer up to 15 percent of funds provided under paragraphs (1), (2), or (5), herein to paragraphs (1) or (2), if the Secretary determines that such action is necessary [[Page 374]] 118 STAT. 374 because the funding provided under one such paragraph otherwise would be depleted and as a result, the maximum utilization of section 8 tenant-based assistance with the funds appropriated for this purpose by this Act would not be feasible: Provided further, NOTE: Notification. Deadline. That prior to undertaking the transfer of funds in excess of 10 percent from any paragraph pursuant to the previous proviso, the Secretary shall notify the Chairman and Ranking Member of the Subcommittees on Veterans Affairs and Housing and Urban Development, and Independent Agencies of the Committees on Appropriations of the House of Representatives and the Senate and shall not transfer any such funds until 30 days after such notification: Provided further, That incremental vouchers previously made available under this heading for non-elderly disabled families shall, to the extent practicable, continue to be provided to non-elderly disabled families upon turnover: Provided further, NOTE: Records. That, hereafter, the Secretary shall require public housing agencies to submit accounting data for funds disbursed under this heading in this Act and prior Acts by source and purpose of such funds: Provided further, NOTE: Deadline. That $2,844,000,000 is rescinded from unobligated balances remaining from funds appropriated to the Department of Housing and Urban Development under this heading or the heading ``Annual contributions for assisted housing'' or any other heading for fiscal year 2003 and prior years, to be effected by the Secretary no later than September 30, 2004: Provided further, That any such balances governed by reallocation provisions under the statute authorizing the program for which the funds were originally appropriated shall be available for the rescission: Provided further, That any obligated balances of contract authority from fiscal year 1974 and prior that have been terminated shall be cancelled. public housing capital fund (including transfer of funds) For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g) (the ``Act'') $2,712,255,000, to remain available until September 30, 2007: Provided, That notwithstanding any other provision of law or regulation, during fiscal year 2004, the Secretary may not delegate to any Department official other than the Deputy Secretary and the Assistant Secretary for Public and Indian Housing any authority under paragraph (2) of section 9(j) regarding the extension of the time periods under such section: Provided further, That for purposes of such section 9(j), the term ``obligate'' means, with respect to amounts, that the amounts are subject to a binding agreement that will result in outlays, immediately or in the future: Provided further, That of the total amount provided under this heading, up to $50,000,000 shall be for carrying out activities under section 9(h) of such Act, of which $13,000,000 shall be for the provision of remediation services to public housing agencies identified as ``troubled'' under the section 8 Management Assessment Program and for surveys used to calculate local Fair Market Rents and assess housing conditions in connection with rental assistance under section 8 of the Act: Provided further, That of the total amount provided under [[Page 375]] 118 STAT. 375 this heading, up to $500,000 shall be for lease adjustments to section 23 projects, and no less than $10,610,000 shall be transferred to the Working Capital Fund for the development of and modifications to information technology systems which serve programs or activities under ``Public and Indian housing'': Provided further, That no funds may be used under this heading for the purposes specified in section 9(k) of the United States Housing Act of 1937, as amended: Provided further, That of the total amount provided under this heading, up to $40,000,000 shall be available for the Secretary of Housing and Urban Development to make grants to public housing agencies for emergency capital needs resulting from emergencies and natural disasters in fiscal year 2004: Provided further, That of the total amount provided under this heading, $55,000,000 shall be for supportive services, service coordinators and congregate services as authorized by section 34 of the Act and the Native American Housing Assistance and Self-Determination Act of 1996: Provided further, That of the total amount provided under this heading, $15,000,000 shall be for Neighborhood Networks grants for activities authorized in section 9(d)(1)(E) of the United States Housing Act of 1937, as amended: Provided further, That notwithstanding any other provision of law, amounts made available in the previous proviso shall be awarded to public housing agencies on a competitive basis. The first proviso under this heading in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003, NOTE: 117 Stat. 486. is amended by striking ``1998, 1999''. public housing operating fund For 2004 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)), $3,600,000,000: Provided, That of the total amount provided under this heading, $10,000,000 shall be for programs, as determined appropriate by the Attorney General, which assist in the investigation, prosecution, and prevention of violent crimes and drug offenses in public and federally-assisted low-income housing, including Indian housing, which shall be administered by the Department of Justice through a reimbursable agreement with the Department of Housing and Urban Development: Provided further, That, NOTE: 42 USC 1437g note. in fiscal year 2004 and all fiscal years hereafter, no amounts under this heading in any appropriations Act may be used for payments to public housing agencies for the costs of operation and management of public housing for any year prior to the current year of such Act: Provided further, That no funds may be used under this heading for the purposes specified in section 9(k) of the United States Housing Act of 1937, as amended. revitalization of severely distressed public housing (hope VI) For grants to public housing agencies for demolition, site revitalization, replacement housing, and tenant-based assistance grants to projects as authorized by section 24 of the United States Housing Act of 1937, as amended, $150,000,000, to remain available until September 30, 2005, of which the Secretary may use up to $4,000,000 for technical assistance and contract expertise, to be provided directly or indirectly by grants, contracts or cooperative [[Page 376]] 118 STAT. 376 agreements, including training and cost of necessary travel for participants in such training, by or to officials and employees of the department and of public housing agencies and to residents: Provided, That none of such funds shall be used directly or indirectly by granting competitive advantage in awards to settle litigation or pay judgments, unless expressly permitted herein. native american housing block grants (including transfers of funds) For the Native American Housing Block Grants program, as authorized under title I of the Native American Housing Assistance and Self- Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), $654,100,000, to remain available until expended, of which $2,200,000 shall be contracted through the Secretary as technical assistance and capacity building to be used by the National American Indian Housing Council in support of the implementation of NAHASDA; of which $4,500,000 shall be to support the inspection of Indian housing units, contract expertise, training, and technical assistance in the training, oversight, and management of Indian housing and tenant-based assistance, including up to $300,000 for related travel; and of which no less than $2,720,000 shall be transferred to the Working Capital Fund for development of and modifications to information technology systems which serve programs or activities under ``Public and Indian housing'': Provided, That of the amount provided under this heading, $2,000,000 shall be made available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided further, That such costs, including the costs of modifying such notes and other obligations, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed $16,658,000: Provided further, That for administrative expenses to carry out the guaranteed loan program, up to $150,000 from amounts in the first proviso, which shall be transferred to and merged with the appropriation for ``Salaries and expenses'', to be used only for the administrative costs of these guarantees. indian housing loan guarantee fund program account (including transfer of funds) For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), $5,300,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $197,243,000. In addition, for administrative expenses to carry out the guaranteed loan program, up to $250,000 from amounts in the first paragraph, which shall be transferred to and merged with the appropriation for ``Salaries and expenses'', to be used only for the administrative costs of these guarantees. [[Page 377]] 118 STAT. 377 native hawaiian housing loan guarantee fund program account (including transfer of funds) For the cost of guaranteed loans, as authorized by section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b), $1,035,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $39,712,000. In addition, for administrative expenses to carry out the guaranteed loan program, up to $35,000 from amounts in the first paragraph, which shall be transferred to and merged with the appropriation for ``Salaries and expenses'', to be used only for the administrative costs of these guarantees. Community Planning and Development housing opportunities for persons with aids For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.), $296,500,000, to remain available until September 30, 2005: Provided, That the Secretary shall renew all expiring contracts for permanent supportive housing that were funded under section 854(c)(3) of such Act that meet all program requirements before awarding funds for new contracts and activities authorized under this section: Provided further, That the Secretary may use up to $2,500,000 of the funds under this heading for training, oversight, and technical assistance activities. rural housing and economic development For the Office of Rural Housing and Economic Development in the Department of Housing and Urban Development, $25,000,000 to remain available until expended, which amount shall be competitively awarded by June 1, 2004, to Indian tribes, State housing finance agencies, State community and/or economic development agencies, local rural nonprofits and community development corporations to support innovative housing and economic development activities in rural areas. empowerment zones/enterprise communities For grants in connection with a second round of empowerment zones and enterprise communities, $15,000,000, to remain available until September 30, 2005, for ``Urban Empowerment Zones'', as authorized in section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. 1391(g)), including $1,000,000 for each empowerment zone for use in conjunction with economic development activities consistent with the strategic plan of each empowerment zone. [[Page 378]] 118 STAT. 378 community development fund (including transfers of funds) For assistance to units of State and local government, and to other entities, for economic and community development activities, and for other purposes, $4,950,000,000, to remain available until September 30, 2006: Provided, That of the amount provided, $4,356,550,000 is for carrying out the community development block grant program under title I of the Housing and Community Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading (except for planning grants provided in the third paragraph and amounts made available in the second paragraph), not to exceed 20 percent of any grant made with funds appropriated under this heading (other than a grant made available in this paragraph to the Housing Assistance Council or the National American Indian Housing Council, or a grant using funds under section 107(b)(3) of the Act) shall be expended for planning and management development and administration: Provided further, That $72,000,000 shall be for grants to Indian tribes notwithstanding section 106(a)(1) of such Act; $3,300,000 shall be for a grant to the Housing Assistance Council; $2,500,000 shall be for a grant to the National American Indian Housing Council; $5,000,000 shall be available as a grant to the National Housing Development Corporation, for operating expenses not to exceed $2,000,000 and for a program of affordable housing acquisition and rehabilitation; $5,000,000 shall be available as a grant to the National Council of La Raza for the HOPE Fund, of which $500,000 is for technical assistance and fund management, and $4,500,000 is for investments in the HOPE Fund and financing to affiliated organizations; $52,000,000 shall be for grants pursuant to section 107 of the Act, of which $9,500,000 shall be for the Native Hawaiian block grant authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996; no less than $4,900,000 shall be transferred to the Working Capital Fund for the development of and modification to information technology systems which serve programs or activities under ``Community planning and development''; $27,000,000 shall be for grants pursuant to the Self Help Homeownership Opportunity Program; $34,750,000 shall be for capacity building, of which $30,000,000 shall be for Capacity Building for Community Development and Affordable Housing for LISC and the Enterprise Foundation for activities as authorized by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect immediately before June 12, 1997, with not less than $5,000,000 of the funding to be used in rural areas, including tribal areas, and of which $4,750,000 shall be for capacity building activities administered by Habitat for Humanity International; $65,000,000 shall be available for YouthBuild program activities authorized by subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act, as amended, and such activities shall be an eligible activity with respect to any funds made available under this heading: Provided, That local YouthBuild programs that demonstrate an ability to leverage private and nonprofit funding shall be given a priority for YouthBuild funding: Provided further, That no more than 10 percent of any grant award under the YouthBuild program may be used for administrative costs: Provided further, That of the [[Page 379]] 118 STAT. 379 amount made available for YouthBuild not less than $10,000,000 is for grants to establish YouthBuild programs in underserved and rural areas and $2,000,000 is to be made available for a grant to YouthBuild USA for capacity building for community development and affordable housing activities as specified in section 4 of the HUD Demonstration Act of 1993, as amended. Of the amount made available under this heading, $44,000,000 shall be available for neighborhood initiatives that are utilized to improve the conditions of distressed and blighted areas and neighborhoods, to stimulate investment, economic diversification, and community revitalization in areas with population outmigration or a stagnating or declining economic base, or to determine whether housing benefits can be integrated more effectively with welfare reform initiatives: Provided, That amounts made available under this paragraph shall be provided in accordance with the terms and conditions specified in the joint explanatory statement of the managers accompanying this Act. Of the amount made available under this heading, $278,000,000 shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments in accordance with the terms and conditions specified in the joint explanatory statement of the managers accompanying this Act: Provided, That none of the funds provided under this paragraph may be used for program operations. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended with respect to the amount made available to the North Carolina Community Land Trust Initiative by striking ``North Carolina Community Land Trust Initiative'' and inserting ``Orange Community Housing and Land Trust''. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended with respect to the amount made available to the Willacy County Boys and Girls Club in Willacy County, Texas by striking ``Willacy County Boys and Girls Club in Willacy County, Texas'' and inserting ``Willacy County, Texas''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 17 by striking ``for sidewalks, curbs, street lighting, outdoor furniture and facade improvements in the Mill Village neighborhood'' and inserting ``for the restoration and renovation of houses within the Lincoln or Dallas mill villages''. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended with respect to the amount made available to the Metropolitan Development Association in Syracuse, New York by inserting ``and other economic development planning and revitalization activities'' after the word ``study''. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended with respect to the amount made available to the Staten Island Freedom Memorial Fund by striking ``Staten Island Freedom Memorial Fund for the construction of a memorial in the Staten Island community of St. George, New York'' and inserting ``Staten Island Botanical Garden for construction and related activities for a healing garden''. [[Page 380]] 118 STAT. 380 The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 526 by striking ``for an economic development study for the revitalization of Westchester'' and inserting ``for the reconstruction of renaissance plaza at Main and Mamaroneck in downtown White Plains''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 877 by striking ``West Virginia High Technology Consortium Foundation, Inc. in Marion County, West Virginia for facilities construction for a high-tech park'' and inserting ``Glenville State College in Glenville, West Virginia for construction of a new campus community education center''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 126 by striking ``for construction of'' and inserting ``for facilities improvements and build out for''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 721 by striking ``training'' and inserting ``creation, small business development and quality of life improvements within the State of South Carolina''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 317 by striking ``135,000'' and inserting ``151,000''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 324 by striking ``225,000'' and inserting ``209,000''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 74 by striking ``renovation'' and inserting ``design and construction''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 718 by striking ``construction'' and inserting ``renovation''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 785 by striking ``to the Town of Altavista, Virginia to assist with renovations of the shell building industrial site'' and inserting ``to the County of Campbell, Virginia for development of the Winston Tract Commercial Center industrial site''. [[Page 381]] 118 STAT. 381 The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 253 by striking ``to the Salvation Army/Boys and Girls Club-Northfolk community center'' and inserting ``to the Salvation Army Boys and Girls Club in Louisville, Kentucky for the renovation of the Newburg community center''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 288 by striking ``for building renovations'' and inserting ``for signage, street furniture, sidewalks and streetscape improvements''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 217 by striking ``$135,000 to the Village of Olympia Fields, Illinois for construction of a hall, public library and upgraded commuter station'' and inserting ``$135,000 to the Village of Olympia Fields, Illinois, for sidewalks, street lighting, neighborhood redevelopment improvements, and building renovations''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 809 by striking ``$90,000 to the Department of Vermont Veterans of Foreign Wars for the construction of the Green Block Veterans Memorial in Brandon, Vermont and the Windsor, Vermont War Memorial'' and inserting ``$90,000 to the Department of Buildings and General Services of the State of Vermont for the construction of the Brandon, Vermont Veterans Memorial and the Windsor, Vermont War Memorial''. The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 244 by striking ``$900,000 to Purdue University in West Lafayette, Indiana for facilities construction for the Northwest Indiana Purdue Technology Center'' and inserting ``$900,000 to Purdue Research Foundation in West Lafayette, Indiana for facilities buildout for the Northwest Indiana Purdue Technology Center''. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended with respect to the amount made available to Connecticut Hospice, Inc., of Branford, Connecticut by striking ``for construction of a new facility'' and inserting ``for facilities renovation and equipment upgrades''. The referenced statement of the managers under this heading in Public Law 107-73 is deemed to be amended with respect to a grant made available to the United Way community services facility in Anchorage, Alaska by striking ``the United Way community services facility in Anchorage, Alaska, to complete construction of asocial service facility to serve low-income people;'' and inserting ``the Cook Inlet Tribal Council, Inc., in Anchorage, Alaska as a Federal contribution for construction of asocial service facility to serve low income people;''. [[Page 382]] 118 STAT. 382 The referenced statement of the managers under this heading in title II of division K of the Consolidated Appropriations Resolution, 2003 (Public Law 108-7; House Report No. 108-10) is deemed to be amended with respect to item number 137 by striking ``Wilmington Housing Authority'' and inserting ``City of Wilmington''. Urban Development Action Grants From balances of the Urban Development Action Grant Program, as authorized by title I of the Housing and Community Development Act of 1974, as amended, $30,000,000 are cancelled. community development loan guarantees program account (including transfer of funds) For the cost of guaranteed loans, $6,325,000, to remain available until September 30, 2005, as authorized by section 108 of the Housing and Community Development Act of 1974, as amended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $275,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in section 108(k) of the Housing and Community Development Act of 1974, as amended. In addition, for administrative expenses to carry out the guaranteed loan program, $1,000,000 which shall be transferred to and merged with the appropriation for ``Salaries and expenses''. brownfields redevelopment For competitive economic development grants, as authorized by section 108(q) of the Housing and Community Development Act of 1974, as amended, for Brownfields redevelopment projects, $25,000,000, to remain available until September 30, 2005. home investment partnerships program (including transfer of funds) For the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, $1,930,000,000, to remain available until September 30, 2006: Provided, That of the total amount provided in this paragraph, up to $40,000,000 shall be available for housing counseling under section 106 of the Housing and Urban Development Act of 1968 and no less than $2,100,000 shall be transferred to the Working Capital Fund for the development of and modifications to information technology systems which serve programs or activities under ``Community planning and development''. In addition to amounts otherwise made available under this heading, $87,500,000, to remain available until September 30, 2006, for assistance to homebuyers as authorized under title II of the Cranston- Gonzalez National Affordable Housing Act, as amended: Provided, That the Secretary shall provide such assistance in accordance with a formula to be established by the Secretary that considers, among other things, a participating jurisdiction's need [[Page 383]] 118 STAT. 383 for, and prior commitment to, assistance to homebuyers: Provided further, That should legislation be enacted prior to April 15, 2004, to authorize a new down-payment assistance program under the HOME Investment Partnership Act, the amounts provided under this paragraph shall be distributed for downpayment assistance in accordance with the terms and conditions set forth in such Act. homeless assistance grants (including transfer of funds) For the emergency shelter grants program as authorized under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the supportive housing program as authorized under subtitle C of title IV of such Act; the section 8 moderate rehabilitation single room occupancy program as authorized under the United States Housing Act of 1937, as amended, to assist homeless individuals pursuant to section 441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus care program as authorized under subtitle F of title IV of such Act, $1,267,000,000, of which $1,247,000,000 to remain available until September 30, 2006, and of which $20,000,000 to remain available until expended: Provided, That not less than 30 percent of funds made available, excluding amounts provided for renewals under the shelter plus care program, shall be used for permanent housing: Provided further, That all funds awarded for services shall be matched by 25 percent in funding by each grantee: Provided further, That the Secretary shall renew on an annual basis expiring contracts or amendments to contracts funded under the shelter plus care program if the program is determined to be needed under the applicable continuum of care and meets appropriate program requirements and financial standards, as determined by the Secretary: Provided further, That all awards of assistance under this heading shall be required to coordinate and integrate homeless programs with other mainstream health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children's Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funding through the Mental Health and Substance Abuse Block Grant, Workforce Investment Act, and the Welfare-to-Work grant program: Provided further, That $12,000,000 of the funds appropriated under this heading shall be available for the national homeless data analysis project and technical assistance: Provided further, That no less than $2,580,000 of the funds appropriated under this heading shall be transferred to the Working Capital Fund for the development of and modifications to information technology systems which serve programs or activities under ``Community planning and development''. Housing Programs housing for the elderly (including transfer of funds) For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental [[Page 384]] 118 STAT. 384 assistance for the elderly under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for supportive services associated with the housing, $778,320,000, plus recaptures and cancelled commitments, to remain available until September 30, 2006, of which amount $30,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted housing projects, and of which amount up to $25,000,000 shall be for grants under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under such section to assisted living or related use and for emergency capital repairs as determined by the Secretary: Provided, That of the amount made available under this heading, $20,000,000 shall be available to the Secretary of Housing and Urban Development only for making competitive grants to private nonprofit organizations and consumer cooperatives for covering costs of architectural and engineering work, site control, and other planning relating to the development of supportive housing for the elderly that is eligible for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That no less than $470,000 shall be transferred to the Working Capital Fund for the development of and modifications to information technology systems which serve programs or activities under ``Housing programs'' or ``Federal Housing Administration'': Provided further, That the Secretary may waive the provisions of section 202 governing the terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration: Provided further, That all balances outstanding, as of September 30, 2003, for capital advances, including amendments to capital advances, for housing for the elderly, as authorized by section 202, for project rental assistance for housing for the elderly, as authorized under section 202(c)(2) of such Act, including amendments to contracts shall be transferred to and merged with the amounts for those purposes under this heading. housing for persons with disabilities (including transfer of funds) For capital advance contracts, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, and for tenant-based rental assistance contracts entered into pursuant to section 811 of such Act, $250,570,000, plus recaptures and cancelled commitments to remain available until September 30, 2006: Provided, That no less than $470,000 shall be transferred to the Working Capital Fund for the development of and modifications to information technology systems which serve programs or activities under ``Housing programs'' or ``Federal Housing Administration'': Provided further, That of the amount provided under this heading, other than amounts [[Page 385]] 118 STAT. 385 for renewal of expiring project-based or tenant-based rental assistance contracts, the Secretary may designate up to 25 percent for tenant-based rental assistance, as authorized by section 811 of such Act, (which assistance is 5 years in duration): Provided further, That the Secretary may waive the provisions of section 811 governing the terms and conditions of project rental assistance and tenant-based assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration: Provided further, That all balances outstanding, as of September 30, 2003, for capital advances, including amendments to capital advances, for supportive housing for persons with disabilities, as authorized by section 811, for project rental assistance for supportive housing for persons with disabilities, as authorized under section 811(d)(2), including amendments to contracts for such assistance and renewal of expiring contracts for such assistance, and for supportive services associated with the housing for persons with disabilities as authorized by section 811(b)(1), shall be transferred to and merged with the amounts for these purposes under this heading. flexible subsidy fund (transfer of funds) From the Rental Housing Assistance Fund, all uncommitted balances of excess rental charges as of September 30, 2003, and any collections made during fiscal year 2004, shall be transferred to the Flexible Subsidy Fund, as authorized by section 236(g) of the National Housing Act, as amended. rental housing assistance (rescission) Up to $303,000,000 of recaptured section 236 budget authority resulting from prepayment of mortgages subsidized under section 236 of the National Housing Act (12 U.S.C. 1715z-1) shall be rescinded in fiscal year 2004: Provided, That the limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 236 is reduced in fiscal year 2004 by not more than $303,000,000 in uncommitted balances of authorizations of contract authority provided for this purpose in prior appropriations Acts. manufactured housing fees trust fund For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 5401 et seq.), up to $13,000,000 to remain available until expended, to be derived from the Manufactured Housing Fees Trust Fund: Provided, That not to exceed the total amount appropriated under this heading shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund pursuant to section 620 of such Act: Provided further, That the amount made available under this heading from the general fund shall be reduced as such collections are received during fiscal year 2004 so as to result in a final fiscal year 2004 appropriation from the general fund estimated at not more than $0 and [[Page 386]] 118 STAT. 386 fees pursuant to such section 620 shall be modified as necessary to ensure such a final fiscal year 2004 appropriation. Federal Housing Administration mutual mortgage insurance program account (including transfers of funds) During fiscal year 2004, commitments to guarantee loans to carry out the purposes of section 203(b) of the National Housing Act, as amended, shall not exceed a loan principal of $185,000,000,000. During fiscal year 2004, obligations to make direct loans to carry out the purposes of section 204(g) of the National Housing Act, as amended, shall not exceed $50,000,000: Provided, That the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned by the Secretary and formerly insured under the Mutual Mortgage Insurance Fund. For administrative expenses necessary to carry out the guaranteed and direct loan program, $359,000,000, of which not to exceed $355,000,000 shall be transferred to the appropriation for ``Salaries and expenses''; and not to exceed $4,000,000 shall be transferred to the appropriation for ``Office of Inspector General''. In addition, for administrative contract expenses, $85,000,000, of which no less than $20,744,000 shall be transferred to the Working Capital Fund for the development of and modifications to information technology systems which serve programs or activities under ``Housing programs'' or ``Federal Housing Administration'': Provided, That to the extent guaranteed loan commitments exceed $65,500,000,000 on or before April 1, 2004, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000. general and special risk program account (including transfers of funds) For the cost of guaranteed loans, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including the cost of loan guarantee modifications, as that term is defined in section 502 of the Congressional Budget Act of 1974, as amended, $15,000,000, to remain available until expended: Provided, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, of up to $25,000,000,000. Gross obligations for the principal amount of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $50,000,000, of which not to exceed $30,000,000 shall be for bridge financing in connection with the sale of multifamily real properties owned by the Secretary and formerly insured under such Act; and of which not to exceed $20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties owned by the Secretary and formerly insured under such Act. [[Page 387]] 118 STAT. 387 In addition, for administrative expenses necessary to carry out the guaranteed and direct loan programs, $229,000,000, of which $209,000,000 shall be transferred to the appropriation for ``Salaries and expenses''; and of which $20,000,000 shall be transferred to the appropriation for ``Office of Inspector General''. In addition, for administrative contract expenses necessary to carry out the guaranteed and direct loan programs, $93,780,000, of which no less than $16,946,000 shall be transferred to the Working Capital Fund for the development of and modifications to information technology systems which serve programs or activities under ``Housing programs'' or ``Federal Housing Administration'': Provided, That to the extent guaranteed loan commitments exceed $8,426,000,000 on or before April 1, 2004, an additional $1,980 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments over $8,426,000,000 (including a pro rata amount for any increment below $1,000,000), but in no case shall funds made available by this proviso exceed $14,400,000. Government National Mortgage Association guarantees of mortgage-backed securities loan guarantee program account (including transfer of funds) New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed $200,000,000,000, to remain available until September 30, 2005. For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $10,695,000, to be derived from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $10,695,000, shall be transferred to the appropriation for ``Salaries and expenses''. Policy Development and Research research and technology For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.), including carrying out the functions of the Secretary under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $47,000,000, to remain available until September 30, 2005: Provided, That of the total amount provided under this heading, $7,500,000 shall be for the Partnership for Advancing Technology in Housing (PATH) Initiative. Fair Housing and Equal Opportunity fair housing activities For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act [[Page 388]] 118 STAT. 388 of 1987, as amended, $48,000,000, to remain available until September 30, 2005, of which $20,250,000 shall be to carry out activities pursuant to such section 561: Provided, NOTE: Lobbying. That no funds made available under this heading shall be used to lobby the executive or legislative branches of the Federal Government in connection with a specific contract, grant or loan. Office of Lead Hazard Control lead hazard reduction For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, $175,000,000, to remain available until September 30, 2005, of which $10,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970 that shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards: Provided, That of the total amount made available under this heading, $50,000,000 shall be made available on a competitive basis for areas with the highest lead paint abatement needs, as identified by the Secretary as having: (1) the highest number of occupied pre-1940 units of rental housing; and (2) a disproportionately high number of documented cases of lead-poisoned children: Provided further, That each grantee receiving funds under the previous proviso shall target those privately owned units and multifamily buildings that are occupied by low-income families as defined under section 3(b)(2) of the United States Housing Act of 1937: Provided further, That not less than 90 percent of the funds made available under this paragraph shall be used exclusively for abatement, inspections, risk assessments, temporary relocations and interim control of lead-based hazards as defined by 42 U.S.C. 4851: Provided further, That each recipient of funds provided under the first proviso shall make a matching contribution in an amount not less than 25 percent: Provided further, That each applicant shall submit a detailed plan and strategy that demonstrates adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds pursuant to a Notice of Funding Availability. Management and Administration salaries and expenses (including transfer of funds) For necessary administrative and non-administrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for official reception and representation expenses, $1,123,130,000, of which $564,000,000 shall be provided from the various funds of the Federal Housing Administration, $10,695,000 shall be provided from funds of the Government National Mortgage Association, $1,000,000 shall be provided from the ``Community development loan guarantees program'' account, $150,000 shall be [[Page 389]] 118 STAT. 389 provided by transfer from the ``Native American housing block grants'' account, $250,000 shall be provided by transfer from the ``Indian housing loan guarantee fund program'' account and $35,000 shall be transferred from the ``Native Hawaiian housing loan guarantee fund'' account: Provided, NOTE: Notification. That funds made available under this heading shall only be allocated in the manner specified in the report accompanying this Act unless the Committees on Appropriations of both the House of Representatives and the Senate are notified of any changes in an operating plan or reprogramming: Provided further, That no official or employee of the Department shall be designated as an allotment holder unless the Office of the Chief Financial Officer (OCFO) has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives: Provided further, NOTE: Records. 42 USC 3549 note. That the Chief Financial Officer shall establish positive control of and maintain adequate systems of accounting for appropriations and other available funds as required by 31 U.S.C. 1514: Provided further, That for purposes of funds control and determining whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of obligation shall be the executed agreement or contract, except with respect to insurance and guarantee programs, certain types of salaries and expenses funding, and incremental funding that is authorized under an executed agreement or contract, and shall be designated in the approved funds control plan: Provided further, NOTE: Procedures. That the Chief Financial Officer shall: (1) appoint qualified personnel to conduct investigations of potential or actual violations; (2) establish minimum training requirements and other qualifications for personnel that may be appointed to conduct investigations; (3) establish guidelines and timeframes for the conduct and completion of investigations; (4) prescribe the content, format and other requirements for the submission of final reports on violations; and (5) prescribe such additional policies and procedures as may be required for conducting investigations of, and administering, processing, and reporting on, potential and actual violations of the Anti-Deficiency Act and all other statutes and regulations governing the obligation and expenditure of funds made available in this or any other Act: Provided further, That the Secretary shall fill 7 out of 10 vacancies at the GS-14 and GS-15 levels until the total number of GS-14 and GS-15 positions in the Department has been reduced from the number of GS-14 and GS-15 positions on the date of enactment of Public Law 106- 377 by 2\1/2\ percent. The tenth proviso under this heading in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003, NOTE: 42 USC 3549 note. is amended by striking ``the purpose of'' and inserting ``purposes of funds control and'' and before the colon insert the following ``, except with respect to insurance and guarantee programs, certain types of salaries and expenses funding, and incremental funding that is authorized under an executed agreement or contract''. working capital fund For additional capital for the Working Capitol Fund (42 U.S.C. 3535) for the development of, modifications to, and infrastructure for Department-wide information technology systems, and for the continuing operation of both Department-wide and program-specific [[Page 390]] 118 STAT. 390 information systems, $235,000,000, to remain available until September 30, 2005: Provided, That any amounts transferred to this Fund under this Act shall remain available until expended. office of inspector general (including transfer of funds) For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $101,000,000, of which $24,000,000 shall be provided from the various funds of the Federal Housing Administration: Provided, That the Inspector General shall have independent authority over all personnel issues within this office: Provided further, That no less than $300,000 shall be transferred to the Working Capital Fund for the development of and modifications to information technology systems for the Office of Inspector General. consolidated fee fund (rescission) All unobligated balances remaining available from fees and charges under section 7(j) of the Department of Housing and Urban Development Act on October 1, 2003 are rescinded. Office of Federal Housing Enterprise Oversight salaries and expenses (including transfer of funds) For carrying out the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, including not to exceed $500 for official reception and representation expenses, $39,915,000, to remain available until expended, to be derived from the Federal Housing Enterprises Oversight Fund: Provided, That of the amount made available under this heading, $4,500,000 is for 1-time costs to conduct special investigations of the Federal housing enterprises and $3,000,000 is for costs associated with strengthening the examination and legal functions: Provided further, NOTE: Deadline. That the Secretary shall submit a spending plan for the amounts provided under this heading no later than January 15, 2004: Provided further, That not less than 60 percent of total amount made available under this heading shall be used only for examination, supervision, and capital oversight of the enterprises (as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure that the enterprises are operating in a financially safe and sound manner and complying with the capital requirements under subtitle B of such Act: Provided further, That not to exceed the amount provided herein shall be available from the general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the fund: Provided further, That the general fund amount shall be reduced as collections are received during the fiscal year so as to result in a final appropriation from the general fund estimated at not more than $0. [[Page 391]] 118 STAT. 391 Administrative Provisions Sec. 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget authority or cash recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance their project at a lower interest rate. Sec. 202. None of the amounts made available under this Act may be used during fiscal year 2004 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a non-frivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. Sec. 203. (a) NOTE: Grants. Inter- governmental relations. AIDS. Notwithstanding section 854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts made available under this title for fiscal year 2004 that are allocated under such section, the Secretary of Housing and Urban Development shall allocate and make a grant, in the amount determined under subsection (b), for any State that-- (1) received an allocation in a prior fiscal year under clause (ii) of such section; and (2) is not otherwise eligible for an allocation for fiscal year 2004 under such clause (ii) because the areas in the State outside of the metropolitan statistical areas that qualify under clause (i) in fiscal year 2004 do not have the number of cases of acquired immunodeficiency syndrome (AIDS) required under such clause. (b) The amount of the allocation and grant for any State described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are outside of metropolitan statistical areas that qualify under clause (i) of such section 854(c)(1)(A) in fiscal year 2004, in proportion to AIDS cases among cities and States that qualify under clauses (i) and (ii) of such section and States deemed eligible under subsection (a). Sec. 204. (a) NOTE: Michigan. During fiscal year 2004, in the provision of rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance for use in assisted living facilities that is carried out in the counties of the State of Michigan specified in subsection (b) of this section, notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), a family residing in an assisted living facility in any such county, on behalf of which a public housing agency provides assistance pursuant to section 8(o)(18) of such Act, may be required, at the [[Page 392]] 118 STAT. 392 time the family initially receives such assistance, to pay rent in an amount exceeding 40 percent of the monthly adjusted income of the family by such a percentage or amount as the Secretary of Housing and Urban Development determines to be appropriate. (b) The counties specified in this subsection are Oakland County, Macomb County, Wayne County, and Washtenaw County, in the State of Michigan. Sec. 205. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989. Sec. 206. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811- 1831). Sec. 207. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. Sec. 208. Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2003 for such corporation or agency except as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase commitments only to the extent expressly provided for in this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that this proviso shall not apply to the mortgage insurance or guaranty operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United States Government. Sec. 209. None of the funds provided in this title for technical assistance, training, or management improvements may be obligated or expended unless HUD provides to the Committees on Appropriations a description of each proposed activity and a detailed budget estimate of the costs associated with each program, project or activity as part of the Budget Justifications. NOTE: Deadline. For fiscal year 2004, HUD shall transmit this information to the Committees by January 15, 2004, for 30 days of review. Sec. 210. NOTE: State listing. A public housing agency or such other entity that administers Federal housing assistance in the States of Alaska, Iowa, and Mississippi, shall not be required to include a resident [[Page 393]] 118 STAT. 393 of public housing or a recipient of assistance provided under section 8 of the United States Housing Act of 1937 on the board of directors or a similar governing board of such agency or entity as required under section (2)(b) of such Act. NOTE: Establishment. Each public housing agency or other entity that administers Federal housing assistance under section 8 in the States of Alaska, Iowa, and Mississippi, shall establish an advisory board of not less than 6 residents of public housing or recipients of section 8 assistance to provide advice and comment to the public housing agency or other administering entity on issues related to public housing and section 8. Such advisory board shall meet not less than quarterly. Sec. 211. NOTE: Reports. The Secretary of Housing and Urban Development shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. Sec. 212. NOTE: Effective date. Notwithstanding any other provision of law, in fiscal year 2004, in managing and disposing of any multifamily property that is owned or held by the Secretary and is occupied primarily by elderly or disabled families, the Secretary of Housing and Urban Development shall maintain any rental assistance payments under section 8 of the United States Housing Act of 1937 that are attached to any dwelling units in the property. To the extent the Secretary determines that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under such section 8, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties or provide other rental assistance. Sec. 213. NOTE: Reports. Deadline. 42 USC 1437 note. The Secretary of Housing and Urban Development shall submit an annual report no later than August 30, 2004, and annually thereafter to the House and Senate Committees on Appropriations regarding the number of Federally assisted units under lease and the per unit cost of these units to the Department of Housing and Urban Development. Sec. 214. (a) NOTE: AIDS. Delaware. New Jersey. Notwithstanding any other provision of law, the amount allocated for fiscal year 2004 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division (hereafter ``metropolitan division'') of the Philadelphia-Camden- Wilmington, PA-NJ-DE-MD Metropolitan Statistical Area, shall be adjusted by the Secretary of Housing and Urban Development by allocating to the State of New Jersey the proportion of the metropolitan area's or division's amount that is based on the number of cases of AIDS reported in the portion of the metropolitan area or division that is located in New Jersey. The State of New Jersey shall use amounts allocated to the State under this subsection to carry out eligible activities under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the metropolitan division that is located in New Jersey. (b) NOTE: North Carolina. Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall allocate to Wake County, North Carolina, the amounts that otherwise would be allocated for fiscal year 2004 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North [[Page 394]] 118 STAT. 394 Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake County shall be used to carry out eligible activities under section 855 of such Act (42 U.S.C. 12904) within such metropolitan statistical area. Sec. 215. NOTE: 112 USC 1715o. Section 224 of the National Housing Act (12 U.S.C. 1735o) is amended by adding the following new sentence at the end of the first paragraph: ``Notwithstanding the preceding sentence and the following paragraph, if an insurance claim is paid in cash for any mortgage that is insured under section 203 or 234 of this Act and is endorsed for mortgage insurance after the date of enactment of this sentence, the debenture interest rate for purposes of calculating such a claim shall be the monthly average yield, for the month in which the default on the mortgage occurred, on United States Treasury Securities adjusted to a constant maturity of 10 years.''. Sec. 216. The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) is amended-- (1) NOTE: 101 Stat. 482. in section 101(b), by striking ``Interagency Council on the Homeless'' and inserting ``United States Interagency Council on Homelessness''; (2) NOTE: 42 USC 11301. in section 102(b)(1), by striking ``an Interagency Council on the Homeless'' and inserting ``the United States Interagency Council on Homelessness''; (3) in the heading for title II, by striking ``INTERAGENCY COUNCIL ON THE HOMELESS'' and inserting ``UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS''; and (4) NOTE: 42 USC 11311, 11317, 11411. in sections 201, 207(1), 501(c)(2)(a), and 501(d)(3), by striking ``Interagency Council on the Homeless'' and inserting ``United States Interagency Council on Homelessness''. Sec. 217. (a) Information Comparisons for Public and Assisted Housing Programs.--Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following new paragraph: ``(7) Information comparisons for housing assistance programs.-- ``(A) Furnishing of information by hud.--Subject to subparagraph (G), the Secretary of Housing and Urban Development shall furnish to the Secretary, on such periodic basis as determined by the Secretary of Housing and Urban Development in consultation with the Secretary, information in the custody of the Secretary of Housing and Urban Development for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are participating in any program under-- ``(i) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); ``(ii) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); ``(iii) section 221(d)(3), 221(d)(5), or 236 of the National Housing Act (12 U.S.C. 1715l(d) and 1715z-1); ``(iv) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or ``(v) section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s). [[Page 395]] 118 STAT. 395 ``(B) Requirement to seek minimum information.--The Secretary of Housing and Urban Development shall seek information pursuant to this section only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). ``(C) Duties of the secretary.-- ``(i) Information disclosure.--The Secretary, in cooperation with the Secretary of Housing and Urban Development, shall compare information in the National Directory of New Hires with information provided by the Secretary of Housing and Urban Development with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Secretary of Housing and Urban Development, in accordance with this paragraph, for the purposes specified in this paragraph. ``(ii) Condition on disclosure.--The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. ``(D) Use of information by hud.--The Secretary of Housing and Urban Development may use information resulting from a data match pursuant to this paragraph only-- ``(i) for the purpose of verifying the employment and income of individuals described in subparagraph (A); and ``(ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (A). ``(E) Disclosure of information by hud.-- ``(i) Purpose of disclosure.--The Secretary of Housing and Urban Development may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). ``(ii) Disclosures permitted.--Subject to clause (iii), the Secretary of Housing and Urban Development may disclose information resulting from a data match pursuant to this paragraph only to a public housing agency, the Inspector General of the Department of Housing and Urban Development, and the Attorney General in connection with the administration of a program described in subparagraph (A). Information obtained by the Secretary of Housing and Urban Development pursuant to this paragraph shall not be made available under section 552 of title 5, United States Code. ``(iii) Conditions on disclosure.--Disclosures under this paragraph shall be-- ``(I) made in accordance with data security and control policies established by the Secretary of Housing and Urban Development and approved by the Secretary; [[Page 396]] 118 STAT. 396 ``(II) subject to audit in a manner satisfactory to the Secretary; and ``(III) subject to the sanctions under subsection (l)(2). ``(iv) Additional disclosures.-- ``(I) Determination by secretaries.--The Secretary of Housing and Urban Development and the Secretary shall determine whether to permit disclosure of information under this paragraph to persons or entities described in subclause (II), based on an evaluation made by the Secretary of Housing and Urban Development (in consultation with and approved by the Secretary), of the costs and benefits of disclosures made under clause (ii) and the adequacy of measures used to safeguard the security and confidentiality of information so disclosed. ``(II) Permitted persons or entities.--If the Secretary of Housing and Urban Development and the Secretary determine pursuant to subclause (I) that disclosures to additional persons or entities shall be permitted, information under this paragraph may be disclosed by the Secretary of Housing and Urban Development to a private owner, a management agent, and a contract administrator in connection with the administration of a program described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. ``(v) Restrictions on redisclosure.--A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. ``(F) Reimbursement of hhs costs.--The Secretary of Housing and Urban Development shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. ``(G) Consent.--The Secretary of Housing and Urban Development shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual).''. (b) Consent to Information Comparison and Use as Condition of Hud Program Eligibility.--As a condition of participating in any program authorized under-- (1) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); (2) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (3) section 221(d)(3), 221(d)(5), or 236 of the National Housing Act (12 U.S.C. 1715l(d) and 1715z-1); [[Page 397]] 118 STAT. 397 (4) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or (5) section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s), the Secretary of Housing and Urban Development may require consent by an individual (or by a person legally authorized to consent on behalf of such individual) for such Secretary to obtain, use, and disclose information with respect to such individual in accordance with section 453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)). Sec. 218. NOTE: Hawaii. Deadline. Notwithstanding any other provision of law, the State of Hawaii may elect by July 31, 2004 to distribute funds under section 106(d)(2) of the Housing and Community Development Act of 1974, to units of general local government located in nonentitlement areas of that State. If the State of Hawaii fails to make such election, the Secretary shall for fiscal years 2005 and thereafter make grants to the units of general local government located in the State of Hawaii's nonentitlement areas (Hawaii, Kauai, and Maui counties). The Secretary of Housing and Urban Development shall allocate funds under section 106(d) of such Act to units of general local government located in nonentitlement areas within the State of Hawaii in accordance with a formula which bears the same ratio to the total amount available for the nonentitlement areas of the State as the weighted average of the ratios between: (1) the population of that eligible unit of general local government and the population of all eligible units of general local government in the nonentitlement areas of the State; (2) the extent of poverty in that eligible unit of general local government and the extent of poverty in all of the eligible units of general local government in the nonentitlement areas of the State; and (3) the extent of housing overcrowding in that eligible unit of general local government and the extent of housing overcrowding in all of the eligible units of general local government in the nonentitlement areas of the State. In determining the weighted average of the ratios described in the previous sentence, the ratio described in clause (2) shall be counted twice and the ratios described in clauses (1) and (3) shall be counted once. Notwithstanding any other provision, grants made under this section shall be subject to the program requirements of section 104 of the Housing and Community Development Act of 1974 in the same manner as such requirements are made applicable to grants made under section 106(b) of the Housing and Community Development Act of 1974. Sec. 219. NOTE: Regulations. Deadline. The Secretary of Housing and Urban Development shall issue a proposed rulemaking, in accordance with title V, United States Code, not later than 90 days from the date of enactment of this Act that-- (1) addresses and expands, as necessary, the participation and certification requirements for the sale of HUD-owned multifamily housing projects and the foreclosure sale of any multifamily housing securing a mortgage held by the Secretary, including whether a potential purchaser is in substantial compliance with applicable State or local government housing statutes, regulations, ordinances and codes with regard to other properties owned by the purchaser; and (2) requires any state, city, or municipality that exercises its right of first refusal for the purchase of a multifamily [[Page 398]] 118 STAT. 398 housing project under section 203 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z-11(i)) to ensure that potential purchasers of the project from the state, city, or municipality are subject to the same standards that they would otherwise be subject to if they had purchased the project directly from the Secretary, including whether a potential purchaser is in substantial compliance with applicable State or local government housing statutes, regulations, ordinances and codes with regard to other properties owned by the purchaser. Sec. 220. NOTE: 115 Stat. 678. Section 217 of Public Law 107-73 is amended by striking ``the rehabilitation'' and inserting ``redevelopment, including demolition and new construction''. Sec. 221. Notwithstanding any other provision of law, funds appropriated for the housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, shall be available for the cost of maintaining and disposing of such properties that are acquired or otherwise become the responsibility of the Department. Sec. 222. NOTE: Regulations. 42 USC 1437g note. The Secretary of Housing and Urban Development shall conduct negotiated rulemaking with representatives from interested parties for purposes of any changes to the formula governing the Public Housing Operating Fund. NOTE: Deadline. A final rule shall be issued no later than July 1, 2004. Sec. 223. NOTE: Budget. The Department of Housing and Urban Development shall submit the Department's fiscal year 2005 congressional budget justifications to the Committees on Appropriations of the House of Representatives and the Senate using the identical structure provided under this Act and only in accordance with the direction included in the joint explanatory statement of the managers accompanying this Act. TITLE III--INDEPENDENT AGENCIES American Battle Monuments Commission salaries and expenses For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $41,300,000, to remain available until expended. Chemical Safety and Hazard Investigation Board SALARIES AND EXPENSES For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, as amended, including hire [[Page 399]] 118 STAT. 399 of passenger vehicles, uniforms or allowances therefore, as authorized by 5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376, $8,250,000: Provided, That the Chemical Safety and Hazard Investigation Board (Board) shall have not more than three career NOTE: Government organization. 5 USC app. 8G note. Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board. emergency fund For necessary expenses of the Chemical Safety and Hazard Investigation Board for accident investigations not otherwise provided for, $450,000, to remain available until expended. Department of the Treasury Community Development Financial Institutions community development financial institutions fund program account To carry out the Community Development Banking and Financial Institutions Act of 1994, including services authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for ES-3, $61,000,000, to remain available until September 30, 2005, of which $4,000,000 shall be for financial assistance, technical assistance, training and outreach programs designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, tribes and tribal organizations and other suitable providers, and up to $12,000,000 may be used for administrative expenses, including administration of the New Markets Tax Credit, up to $6,000,000 may be used for the cost of direct loans, and up to $250,000 may be used for administrative expenses to carry out the direct loan program: Provided, That the cost of direct loans, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $11,000,000. Consumer Product Safety Commission salaries and expenses For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not [[Page 400]] 118 STAT. 400 to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal officials' contributions to Commission activities, and not to exceed $500 for official reception and representation expenses, $60,000,000. Corporation for National and Community Service national and community service programs operating expenses (including transfer of funds) For necessary expenses for the Corporation for National and Community Service (the ``Corporation'') in carrying out programs, activities, and initiatives under the National and Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $553,225,000, to remain available until September 30, 2005: Provided, That not more than $314,000,000 of the amount provided under this heading shall be available for grants under the National Service Trust Program authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et seq.) (relating to activities of the AmeriCorps program), including grants to organizations operating projects under the AmeriCorps Education Awards Program (without regard to the requirements of sections 121(d) and (e), section 131(e), section 132, and sections 140(a), (d), and (e) of the Act): Provided further, That not less than $130,000,000 of the amount provided under this heading, to remain available without fiscal year limitation, shall be transferred to the National Service Trust for educational awards authorized under subtitle D of title I of the Act (42 U.S.C. 12601), of which up to $5,000,000 shall be available to support national service scholarships for high school students performing community service, and of which $10,000,000 shall be held in reserve as defined in Public Law 108-45: Provided further, That in addition to amounts otherwise provided to the National Service Trust under the second proviso, the Corporation may transfer funds from the amount provided under the first proviso, to the National Service Trust authorized under subtitle D of title I of the Act (42 U.S.C. 12601) upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to Congress: Provided further, That of the amount provided under this heading for grants under the National Service Trust program authorized under subtitle C of title I of the Act, not more than $55,000,000 may be used to administer, reimburse, or support any national service program authorized under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): Provided further, That not more than $11,225,000 shall be available for quality and innovation activities authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.), of which $3,000,000 shall be available for challenge grants to non-profit organizations: Provided further, That notwithstanding subtitle H of title I of the Act (42 U.S.C. 12853), none of the funds provided under the previous proviso shall be used to support salaries and related expenses (including travel) attributable to Corporation employees: Provided further, That to the maximum extent feasible, funds appropriated under subtitle C of title I of the Act shall be provided in a manner that is consistent with the recommendations of peer review panels in order to ensure that priority is given to programs that demonstrate quality, innovation, [[Page 401]] 118 STAT. 401 replicability, and sustainability: Provided further, That not less than $25,000,000 of the funds made available under this heading shall be available for the Civilian Community Corps authorized under subtitle E of title I of the Act (42 U.S.C. 12611 et seq.): Provided further, That not more than $43,000,000 shall be available for school-based and community-based service-learning programs authorized under subtitle B of title I of the Act (42 U.S.C. 12521 et seq.): Provided further, That not more than $3,000,000 shall be available for audits and other evaluations authorized under section 179 of the Act (42 U.S.C. 12639): Provided further, That not more than $10,000,000 of the funds made available under this heading shall be made available for the Points of Light Foundation for activities authorized under title III of the Act (42 U.S.C. 12661 et seq.), of which not more than $2,500,000 may be used to support an endowment fund, the corpus of which shall remain intact and the interest income from which shall be used to support activities described in title III of the Act, provided that the Foundation may invest the corpus and income in federally insured bank savings accounts or comparable interest bearing accounts, certificates of deposit, money market funds, mutual funds, obligations of the United States, and other market instruments and securities but not in real estate investments: Provided further, That no funds shall be available for national service programs run by Federal agencies authorized under section 121(b) of such Act (42 U.S.C. 12571(b)): Provided further, NOTE: America's Promise-- The Alliance for Youth, Inc. That not more than $5,000,000 of the funds made available under this heading shall be made available to America's Promise--The Alliance for Youth, Inc.: Provided further, That to the maximum extent practicable, the Corporation shall increase significantly the level of matching funds and in-kind contributions provided by the private sector, and shall reduce the total Federal costs per participant in all programs. SALARIES AND EXPENSES For necessary expenses of administration as provided under section 501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $25,000,000. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $6,250,000, to remain available until September 30, 2005. administrative provisions Notwithstanding any other provision of law, the term ``qualified student loan'' with respect to national service education awards shall mean any loan determined by an institution of higher education to be necessary to cover a student's cost of attendance at such institution and made, insured, or guaranteed directly to a student by a State agency, in addition to other meanings under section 148(b)(7) of the National and Community Service Act. [[Page 402]] 118 STAT. 402 Notwithstanding any other provision of law, funds made available under section 129(d)(5)(B) of the National and Community Service Act to assist entities in placing applicants who are individuals with disabilities may be provided to any entity that receives a grant under section 121 of the Act. The Inspector General of the Corporation for National and Community Service shall conduct random audits of the grantees that administer activities under the AmeriCorps programs and shall levy sanctions in accordance with standard Inspector General audit resolution procedures which include, but are not limited to, debarment of any grantee (or successor in interest or any entity with substantially the same person or persons in control) that has been determined to have committed any substantial violations of the requirements of the AmeriCorps programs, including any grantee that has been determined to have violated the prohibition of using Federal funds to lobby the Congress: Provided, That the Inspector General shall obtain reimbursements in the amount of any misused funds from any grantee that has been determined to have committed any substantial violations of the requirements of the AmeriCorps programs. For fiscal year 2004, the Corporation shall make any significant changes to program requirements or policy only through public notice and comment rulemaking. For fiscal year 2004, during any grant selection process, no officer or employee of the Corporation shall knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of the Corporation that is authorized by the Corporation to receive such information. U.S. Court of Appeals for Veterans Claims salaries and expenses For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298, $15,938,000 of which $1,175,000 shall be available for the purpose of providing financial assistance as described, and in accordance with the process and reporting procedures set forth, under this heading in Public Law 102-229. Department of Defense--Civil Cemeterial Expenses, Army salaries and expenses For necessary expenses, as authorized by law, for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, including the purchase of one passenger motor vehicle for replacement only, and not to exceed $1,000 for official reception and representation expenses, $29,000,000, to remain available until expended. [[Page 403]] 118 STAT. 403 Department of Health and Human Services National Institutes of Health national institute of environmental health sciences For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $78,774,000. Agency for Toxic Substances and Disease Registry toxic substances and environmental public health For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the Solid Waste Disposal Act, as amended, $73,467,000, which may be derived to the extent funds are available from the Hazardous Substance Superfund Trust Fund pursuant to section 517(a) of SARA (26 U.S.C. 9507): Provided, That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited health care providers: Provided further, That in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2004, and existing profiles may be updated as necessary. Environmental Protection Agency science and technology For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; necessary expenses for personnel and related costs and travel expenses, including uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376; procurement of laboratory equipment and supplies; other operating expenses in support of research and development; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project, $786,324,000, which shall remain available until September 30, 2005: Provided, That of the funds provided [[Page 404]] 118 STAT. 404 under this heading in Public Law 108-7, in reference to item number 9, the Administrator is authorized to make a grant of $436,000 to the City of San Bernardino, California. environmental programs and management For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses, including uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project; and not to exceed $9,000 for official reception and representation expenses, $2,293,578,000, which shall remain available until September 30, 2005, including administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project, $37,558,000, to remain available until September 30, 2005. buildings and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $40,000,000, to remain available until expended. Hazardous Substance Superfund (including transfers of funds) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project; $1,265,000,000, to remain available until expended, consisting of such sums as are available in the Trust Fund upon the date of enactment of this Act as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $1,265,000,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, $13,214,000 shall be transferred to the ``Office of Inspector General'' [[Page 405]] 118 STAT. 405 appropriation to remain available until September 30, 2005, and $44,697,000 shall be transferred to the ``Science and technology'' appropriation to remain available until September 30, 2005. leaking underground storage tank program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project, $76,000,000, to remain available until expended. oil spill response For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, $16,209,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. state and tribal assistance grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,896,800,000, to remain available until expended, of which $1,350,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, as amended (the ``Act''), of which up to $75,000,000 shall be available for loans, including interest free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-municipal, interstate, or State agencies or nonprofit entities for projects that provide treatment for or that minimize sewage or stormwater discharges using one or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater treatment, low-impact development practices, conservation easements, stream buffers, or wetlands restoration; $850,000,000 shall be for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act, as amended, except that, notwithstanding section 1452(n) of the Safe Drinking Water Act, as amended, none of the funds made available under this heading in this Act, or in previous appropriations Acts, shall be reserved by the Administrator for health effects studies on drinking water contaminants; $50,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; $43,000,000 NOTE: Grants. Alaska. shall be for grants to the State of Alaska to address drinking water and waste infrastructure needs of rural and Alaska Native Villages: Provided, NOTE: Deadline. That, of these funds: (1) the State of Alaska shall provide a match of 25 percent; (2) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (3) not later than October 1, 2004, and thereafter, a statewide priority list shall be established which shall remain in effect for at least 3 years for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control [[Page 406]] 118 STAT. 406 Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; $3,500,000 shall be for remediation of above ground leaking fuel tanks pursuant to Public Law 106-554; $325,000,000 shall be for making grants for the construction of drinking water, wastewater and storm water infrastructure and for water quality protection in accordance with the terms and conditions specified for such grants in the joint explanatory statement of the managers accompanying this Act, and, for purposes of these grants, each grantee shall contribute not less than 45 percent of the cost of the project unless the grantee is approved for a waiver by the Agency; $6,600,000 for grants for construction of alternative decentralized wastewater facilities under the National Decentralized Wastewater Demonstration program, in accordance with the terms and conditions specified in the joint explanatory statement of the managers accompanying this Act; $93,500,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including grants, interagency agreements, and associated program support costs; and $1,175,200,000 shall be for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104-134, and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities of which and subject to terms and conditions specified by the Administrator, of which $50,000,000 shall be for carrying out section 128 of CERCLA, as amended, and $20,000,000 shall be for Environmental Information Exchange Network grants, including associated program support costs: Provided further, NOTE: 42 USC 300j- 12 note. That for fiscal year 2004, State authority under section 302(a) of Public Law 104-182 shall remain in effect: Provided further, That notwithstanding section 603(d)(7) of the Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2004 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further, NOTE: 33 USC 1377 note. That for fiscal year 2004, and notwithstanding section 518(f) of the Act, the Administrator is authorized to use the amounts appropriated for any fiscal year under section 319 of that Act to make grants to Indian tribes pursuant to sections 319(h) and 518(e) of that Act: Provided further, That for fiscal year 2004, notwithstanding the limitation on amounts in section 518(c) of the Act, up to a total of 1\1/2\ percent of the funds appropriated for State Revolving Funds under title VI of that Act may be reserved by the Administrator for grants under section 518(c) of such Act: Provided further, That no funds provided by this legislation to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county [[Page 407]] 118 STAT. 407 or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure: Provided further, That the referenced statement of the managers under this heading in Public Law 106-377 is deemed to be amended by striking ``wastewater'' in reference to item number 219 and inserting ``water'': Provided further, That the referenced statement of the managers under this heading in Public Law 108-7 is deemed to be amended by striking ``wastewater'' in reference to item number 409 and inserting ``water'': Provided further, That the referenced statement of the managers under this heading in Public Law 108-7, item number 383, is deemed to be amended by adding after the word ``overflow'', ``and water infrastructure'': Provided further, That the referenced statement of the managers under this heading in Public Law 108-7, item number 255, is deemed to be amended by inserting ``water and'' after the words ``Mississippi for'': Provided further, That the referenced statement of the managers under this heading in Public Law 108-7, item number 256, is deemed to be amended by adding after the word ``for'', ``water and'': Provided further, That the referenced statement of the managers under this heading in Public Law 105-276, in reference to item number 19, is deemed to be amended by striking ``Wolfe County'', and inserting ``the City of Campton'': Provided further, That the referenced statement of the managers under this heading in Public Law 108-7, in reference to item number 364, is deemed to be amended by striking everything after ``improvements'': Provided further, That the referenced statement of the managers under this heading in Public Law 108-7, in reference to item number 191, is deemed to be amended by striking ``wastewater'', and inserting ``water'': Provided further, That the referenced statement of the managers under this heading in Public Law 108-7, in reference to item number 223, is deemed to be amended by adding, ``and for other projects within Indian Head after the needs of Woodland Village are met.'': Provided further, That the referenced statement of the managers under this heading in Public Law 106-377 is deemed to be amended in reference to item number 234, as amended, by striking everything after ``234.'' and inserting ``$1,500,000 for the Town of Delbarton Wastewater Collection and Treatment Replacement/Upgrade Project.'': Provided further, That the referenced statement of the managers under this heading in Public Law 108-7 is deemed to be amended by striking ``wastewater'' in reference to item number 469 and inserting ``water'': Provided further, That the referenced statement of the managers under this heading in Public Law 108-7 is deemed to be amended by striking ``Fayette, Mississippi for the Jefferson County'' in reference to item number 263 and inserting ``Jefferson County, NOTE: Certification. Mississippi'': Provided further, That notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency shall certify grant amendments for grant number C34-0714-03. administrative provisions For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency's function to implement directly Federal [[Page 408]] 118 STAT. 408 environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally-recognized Indian Tribes or Intertribal consortia, if authorized by their member Tribes, to assist the Administrator in implementing Federal environmental programs for Indian Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act (as added by subsection (f)(2) of the Pesticide Registration Improvement Act of 2003). Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for fiscal year 2004 may be used to award grants or loans under section 104(k) of CERCLA to eligible entities that satisfy all of the elements set forth in CERCLA section 101(40) to qualify as a bona fide prospective purchaser except that the date of acquisition of the property was prior to the date of enactment of the Small Business Liability Relief and Brownfield Revitalization Act of 2001. Executive Office of the President office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $7,027,000. council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $3,238,000: Provided, That notwithstanding NOTE: 42 USC 4342 note. section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. Federal Deposit Insurance Corporation office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $30,125,000, to be derived from the Bank Insurance Fund, the Savings Association Insurance Fund, and the FSLIC Resolution Fund. [[Page 409]] 118 STAT. 409 General Services Administration federal citizen information center fund For necessary expenses of the Federal Citizen Information Center, including services authorized by 5 U.S.C. 3109, $14,000,000, to be deposited into the Federal Citizen Information Center Fund: Provided, That the appropriations, revenues, and collections deposited into the Fund shall be available for necessary expenses of Federal Citizen Information Center activities in the aggregate amount not to exceed $21,000,000. Appropriations, revenues, and collections accruing to this Fund during fiscal year 2004 in excess of $21,000,000 shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts. United States Interagency Council on Homelessness OPERATING EXPENSES For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) of the Interagency Council on the Homeless in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $1,500,000. National Aeronautics and Space Administration space flight capabilities (including transfer of funds) For necessary expenses, not otherwise provided for, in the conduct and support of space flight capabilities research and development activities, including research, development, operations, support and services; maintenance; construction of facilities including repair, rehabilitation, revitalization and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $7,512,100,000, to remain available until September 30, 2005, of which $15,000,000 of amounts for the Space Shuttle Life Extension Program shall be for the development and independent assessment of concepts to increase Space Shuttle crew survivability for crew sizes of 4 to 7 astronauts, and of which amounts as determined by the Administrator for salaries and benefits; training, travel and awards; facility and related costs; information technology services; science, [[Page 410]] 118 STAT. 410 engineering, fabricating and testing services; and other administrative services may be transferred to ``Science, aeronautics and exploration'' in accordance with section 312(b) of the National Aeronautics and Space Act of 1958, as amended by Public Law 106-377. Science, Aeronautics and Exploration (including transfer of funds) For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics and exploration research and development activities, including research, development, operations, support and services; maintenance; construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $7,929,900,000, to remain available until September 30, 2005, of which amounts as determined by the Administrator for salaries and benefits; training, travel and awards; facility and related costs; information technology services; science, engineering, fabricating and testing services; and other administrative services may be transferred to ``Space flight capabilities'' in accordance with section 312(b) of the National Aeronautics and Space Act of 1958, as amended by Public Law 106-377. office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $27,300,000. administrative provisions Notwithstanding the limitation on the availability of funds appropriated for ``Science, aeronautics and exploration'', or ``Space flight capabilities'' by this appropriations Act, when any activity has been initiated by the incurrence of obligations for construction of facilities or environmental compliance and restoration activities as authorized by law, such amount available for such activity shall remain available until expended. This provision does not apply to the amounts appropriated for institutional minor revitalization and construction of facilities, and institutional facility planning and design. Notwithstanding the limitation on the availability of funds appropriated for ``Science, aeronautics and exploration'', or ``Space flight capabilities'' by this appropriations Act, the amounts appropriated for construction of facilities shall remain available until September 30, 2006. [[Page 411]] 118 STAT. 411 From amounts made available in this Act for these activities, the Administration may transfer amounts between aeronautics of the ``Science, aeronautics and exploration'' account and crosscutting technologies of the ``Space flight capabilities'' account. Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn. The unexpired balances of prior appropriations to NASA for activities for which funds are provided under this Act may be transferred to the new account established for the appropriation that provides such activity under this Act. Balances so transferred may be merged with funds in the newly established account and thereafter may be accounted for as one fund under the same terms and conditions. National Credit Union Administration central liquidity facility During fiscal year 2004, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed $1,500,000,000: Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 2004 shall not exceed $310,000. community development revolving loan fund For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,200,000 shall be available: Provided, That of this amount $200,000, together with amounts of principal and interest on loans repaid, is available until expended for loans to community development credit unions, and $1,000,000 is available until September 30, 2004 for technical assistance to low- income and community development credit unions. National Science Foundation Research and Related Activities For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to establish a National Medal of Science (42 U.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $4,276,600,000, of which not to exceed $345,000,000 shall remain available until expended for Polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program; the balance to remain available until September 30, 2005: Provided, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation: Provided further, That to the extent that the amount appropriated is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in [[Page 412]] 118 STAT. 412 the authorizing Act for those program activities or their subactivities shall be reduced proportionally: Provided further, That $90,000,000 of the funds available under this heading shall be made available for a comprehensive research initiative on plant genomes for economically significant crops. major research equipment and facilities construction For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950, as amended, including authorized travel, $155,900,000, to remain available until expended. education and human resources For necessary expenses in carrying out science and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861- 1875), including services as authorized by 5 U.S.C. 3109, authorized travel, and rental of conference rooms in the District of Columbia, $944,550,000, to remain available until September 30, 2005: Provided, That to the extent that the amount of this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. salaries and expenses For salaries and expenses necessary in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $220,000,000: Provided, That contracts may be entered into under ``Salaries and expenses'' in fiscal year 2004 for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year. office of the NATIONAL SCIENCE BOARD For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), $3,900,000: Provided, That not more than $9,000 shall be available for official reception and representation expenses. [[Page 413]] 118 STAT. 413 office of inspector general For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, $10,000,000, to remain available until September 30, 2005. Neighborhood Reinvestment Corporation payment to the neighborhood reinvestment corporation For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107), $115,000,000, of which $5,000,000 shall be for a multi-family rental housing program. Administrative Provision Section 605(a) of the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8104) is amended by-- (1) striking out ``compensation'' and inserting ``salary''; and striking out ``highest rate provided for GS-18 of the General Schedule under section 5332 of title 5 United States Code''; and inserting ``rate for level IV of the Executive Schedule''; and (2) inserting after the end the following sentence: ``The Corporation shall also apply the provisions of section 5307(a)(1), (b)(1) and (b)(2) of title 5, United States Code, governing limitations on certain pay as if its employees were Federal employees receiving payments under title 5.''. Selective Service System salaries and expenses For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed $750 for official reception and representation expenses; $26,308,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. TITLE IV--GENERAL PROVISIONS Sec. 401. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 402. No funds appropriated by this Act may be expended-- (1) pursuant to a certification of an officer or employee of the United States unless-- [[Page 414]] 118 STAT. 414 (A) such certification is accompanied by, or is part of, a voucher or abstract which describes the payee or payees and the items or services for which such expenditure is being made; or (B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and (2) unless such expenditure is subject to audit by the General Accounting Officer or is specifically exempt by law from such audit. Sec. 403. None of the funds provided in this Act to any department or agency may be obligated or expended for: (1) the transportation of any officer or employee of such department or agency between the domicile and the place of employment of the officer or employee, with the exception of an officer or employee authorized such transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook, chauffeur, or other personal servants to any officer or employee of such department or agency. Sec. 404. None of the funds provided in this Act may be used for payment, through grants or contracts, to recipients that do not share in the cost of conducting research resulting from proposals not specifically solicited by the Government: Provided, That the extent of cost sharing by the recipient shall reflect the mutuality of interest of the grantee or contractor and the Government in the research. Sec. 405. None of the funds provided in this Act may be used, directly or through grants, to pay or to provide reimbursement for payment of the salary of a consultant (whether retained by the Federal Government or a grantee) at more than the daily equivalent of the rate paid for level IV of the Executive Schedule, unless specifically authorized by law. Sec. 406. None of the funds provided in this Act may be used to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings. Nothing herein affects the authority of the Consumer Product Safety Commission pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et seq.). Sec. 407. NOTE: Contracts. Public information. Records. Except as otherwise provided under existing law, or under an existing Executive order issued pursuant to an existing law, the obligation or expenditure of any appropriation under this Act for contracts for any consulting service shall be limited to contracts which are: (1) a matter of public record and available for public inspection; and (2) thereafter included in a publicly available list of all contracts entered into within 24 months prior to the date on which the list is made available to the public and of all contracts on which performance has not been completed by such date. The list required by the preceding sentence shall be updated quarterly and shall include a narrative description of the work to be performed under each such contract. Sec. 408. None of the funds appropriated in this Act may be used to implement any cap on reimbursements to grantees for indirect costs, except as published in Office of Management and Budget Circular A-21. Sec. 409. Such sums as may be necessary for fiscal year 2004 pay raises for programs funded by this Act shall be absorbed within the levels appropriated in this Act. [[Page 415]] 118 STAT. 415 Sec. 410. (a) It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. (b) In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. Sec. 411. None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. Sec. 412. NOTE: Lobbying. Except in the case of entities that are funded solely with Federal funds or any natural persons that are funded under this Act, none of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties to lobby or litigate in respect to adjudicatory proceedings funded in this Act. NOTE: Certification. A chief executive officer of any entity receiving funds under this Act shall certify that none of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Sec. 413. No part of any funds appropriated in this Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. Sec. 414. All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of ``E-Commerce'' technologies and procedures in the conduct of their business practices and public service activities. Sec. 415. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. Sec. 416. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon average of less than 22 miles per gallon. Sec. 417. Section 312 of the National Aeronautics and Space Administration Act of 1958, as amended, NOTE: 42 USC 2459f. is further amended-- (1) by striking the second Sec. ``312'' and inserting ``313''; (2) by inserting the title, ``Full Cost Appropriations Account Structure'', before Sec. 313; (3) in subsection (a)-- (A) by striking ``Human space flight'' and inserting ``Space flight capabilities''; (B) by striking ``technology'' and inserting ``exploration''; and (C) by striking ``2002'' and inserting ``2004''; and [[Page 416]] 118 STAT. 416 (4) by striking subsection (c), and inserting the following new subsection: ``(c) The unexpired balances of prior appropriations to the Administration for activities authorized under this Act may be transferred to the new account established for such activity in subsection (a). Balances so transferred may be merged with funds in the newly established account and thereafter may be accounted for as one fund under the same terms and conditions.''. Sec. 418. None of the funds made available in this Act may be used to implement any policy prohibiting the Directors of the Veterans Integrated Service Networks from conducting outreach or marketing to enroll new veterans within their respective Networks. Sec. 419. None of the funds provided in this Act may be expended to apply, in a numerical estimate of the benefits of an agency action prepared pursuant to Executive Order No. 12866 or section 312 of the Clean Air Act (42 U.S.C. 7612), monetary values for adult premature mortality that differ based on the age of the adult. Sec. 420. It is the sense of Congress that no veteran should wait more than 30 days for an initial doctor's appointment. Sec. 421. It is the sense of the Congress that human dosing studies of pesticides raises ethical and health questions. Sec. 422. None of the funds made available to NASA in this Act may be used for voluntary separation incentive payments as provided for in subchapter II of chapter 35 of title 5, United States Code, unless the Administrator of NASA has first certified to Congress that such payments would not result in the loss of skills related to the safety of the Space Shuttle or the International Space Station or to the conduct of independent safety oversight in the National Aeronautics and Space Administration. Sec. 423. Section 106(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)) is amended-- (1) in paragraph (3)(A), by striking ``shall not exceed 2 percent'' and inserting ``shall not, subject to paragraph (6), exceed 3 percent''; (2) in paragraph (5), by striking ``not to exceed 1 percent'' and inserting ``subject to paragraph (6), not to exceed 3 percent''; (3) by redesignating the second paragraph (5) and paragraph (6) as paragraphs (7) and (8), respectively; and (4) by inserting after paragraph (5) the following: ``(6) Of the amounts received under paragraph (1), the State may deduct not more than an aggregate total of 3 percent of such amounts for-- ``(A) administrative expenses under paragraph (3)(A); and ``(B) technical assistance under paragraph (5).''. Sec. 424. National Academy of Sciences Study. The matter under the heading ``administrative provisions'' under the heading ``Environmental Protection Agency'' in title III of division K of the Consolidated Appropriations Resolution, 2003 (117 Stat. 513), is amended-- (1) in the first sentence of the fifth undesignated paragraph (beginning ``As soon as''), by inserting before the period at the end the following: ``, and the impact of the final rule entitled `Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Equipment Replacement [[Page 417]] 118 STAT. 417 Provision of the Routine Maintenance, Repair and Replacement Exclusion', amending parts 51 and 52 of title 40, Code of Federal Regulations, and published in electronic docket OAR- 2002-0068 on August 27, 2003''; and (2) in the sixth undesignated paragraph (beginning ``The National Academy of Sciences''), by striking ``March 3, 2004'' and inserting ``January 1, 2005''. Sec. 425. Designations of Areas for PM2.5 and Submission of Implementation Plans for Regional Haze. (a) In General.--Section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) is amended by adding at the end the following: ``(6) NOTE: Deadlines. Inter- governmental relations. Designations.-- ``(A) Submission.--Notwithstanding any other provision of law, not later than February 15, 2004, the Governor of each State shall submit designations referred to in paragraph (1) for the July 1997 PM2.5 national ambient air quality standards for each area within the State, based on air quality monitoring data collected in accordance with any applicable Federal reference methods for the relevant areas. ``(B) Promulgation.--Notwithstanding any other provision of law, not later than December 31, 2004, the Administrator shall, consistent with paragraph (1), promulgate the designations referred to in subparagraph (A) for each area of each State for the July 1997 PM2.5 national ambient air quality standards. ``(7) Implementation plan for regional haze.-- ``(A) In general.--Notwithstanding any other provision of law, not later than 3 years after the date on which the Administrator promulgates the designations referred to in paragraph (6)(B) for a State, the State shall submit, for the entire State, the State implementation plan revisions to meet the requirements promulgated by the Administrator under section 169B(e)(1) (referred to in this paragraph as `regional haze requirements'). ``(B) No preclusion of other provisions.--Nothing in this paragraph precludes the implementation of the agreements and recommendations stemming from the Grand Canyon Visibility Transport Commission Report dated June 1996, including the submission of State implementation plan revisions by the States of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, or Wyoming by December 31, 2003, for implementation of regional haze requirements applicable to those States.''. (b) NOTE: 42 USC 7407 note. Relationship to Transportation Equity Act for the 21st Century.--Except as provided in paragraphs (6) and (7) of section 107(d) of the Clean Air Act (as added by subsection (a)), section 6101, subsections (a) and (b) of section 6102, and section 6103 of the Transportation Equity Act for the 21st Century (42 U.S.C. 7407 note; 112 Stat. 463), as in effect on the day before the date of enactment of this Act, shall remain in effect. Sec. 426. (a) Treatment of Pioneer Homes in Alaska as State Home for Veterans.--The Secretary of Veterans Affairs may-- [[Page 418]] 118 STAT. 418 (1) treat the Pioneer Homes in the State of Alaska collectively as a single State home for veterans for purposes of section 1741 of title 38, United States Code; and (2) make per diem payments to the State of Alaska for care provided to veterans in the Pioneer Homes in accordance with the provisions of that section. (b) Treatment Notwithstanding Non-Veteran Residency.--The Secretary may treat the Pioneer Homes as a State home under subsection (a) notwithstanding the residency of non-veterans in one or more of the Pioneer Homes. (c) Pioneer Homes Defined.--In this section, the term ``Pioneer Homes'' means the six regional homes in the State of Alaska known as Pioneer Homes, which are located in the following: (1) Anchorage, Alaska. (2) Fairbanks, Alaska. (3) Juneau, Alaska. (4) Ketchikan, Alaska. (5) Palmer, Alaska. (6) Sitka, Alaska. (d) Limitation.--The number of beds occupied by veterans collectively in the six Pioneer Homes listed under subsection (c) for which per diem would be paid under this authority shall not exceed the number of veterans in State beds that otherwise would be permitted in Alaska under the Department of Veterans Affairs State home regulations governing the number of beds per veteran population. Sec. 427. NOTE: Space Shuttle Columbia. Of the amounts available to the National Aeronautics and Space Administration, such sums as maybe necessary for the benefit of the families of the astronauts who died on board the Space Shuttle Columbia on February 1, 2003, are available under the terms of section 203(c)(13) of the National Aeronautics and Space Act of 1958, as amended, independent of the limitations established therein. Sec. 428. NOTE: California. Regulation of Small Engines. (a) In considering any request from California to authorize the State to adopt or enforce standards of other requirements relating to the control of emissions from new non-road spark-ignition engines smaller than 50 horsepower, the Administrator shall give appropriate consideration to safety factors (including the potential increased risk of burn or fire) associated with compliance with the California standard. (b) NOTE: Deadlines. 42 USC 7547 note. Not later than December 1, 2004, the Administrator of the Environmental Protection Agency shall propose regulations under the Clean Air Act that shall contain standards to reduce emissions from new nonroad spark-ignition engines smaller than 50 horsepower. NOTE: Federal Register, publication. Not later than December 31, 2005, the Administrator shall publish in the Federal Register final regulations containing such standards. (c) No State or any political subdivision thereof may adopt or attempt to enforce any standard or other requirement applicable to spark ignition engines smaller than 50 horsepower. (d) Exception for California.--The prohibition in subsection (e) does not apply to or restrict in any way the authority granted to California under section 209(e) of the Clean Air Act (42 U.S.C. 7543(e)). (e) Exception for Other States.--The prohibition in subsection (c) does not apply to or restrict the authority of any State [[Page 419]] 118 STAT. 419 under section 209(e)(2)(B) of the Clean Air Act (42 U.S.C. 7543(e)(2)(B)) to enforce standards or other requirements that were adopted by that State before September 1, 2003. TITLE V--PESTICIDE PRODUCTS AND FEES Sec. 501. NOTE: Pesticide Registration Improvement Act of 2003. Pesticide registration. (a) Short Title.--This NOTE: 7 USC 136 note. section may be cited as the ``Pesticide Registration Improvement Act of 2003''. (b) Registration Requirements for Antimicrobial Pesticides.--Section 3(h) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)) is amended-- (1) in paragraph (2)(F), by striking ``90 to 180 days'' and inserting ``120 days''; and (2) in paragraph (3)-- (A) in subparagraph (D)(vi), by striking ``240 days'' and inserting ``120 days''; and (B) in subparagraph (F), by adding at the end the following: ``(iv) Limitation.--Notwithstanding clause (ii), the failure of the Administrator to notify an applicant for an amendment to a registration for an antimicrobial pesticide shall not be judicially reviewable in a Federal or State court if the amendment requires scientific review of data within-- ``(I) the time period specified in subparagraph (D)(vi), in the absence of a final regulation under subparagraph (B); or ``(II) the time period specified in paragraph (2)(F), if adopted in a final regulation under subparagraph (B).''. (c) Maintenance Fees.-- (1) Amounts for registrants.--Section 4(i)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a- 1(i)(5)) is amended-- (A) in subparagraph (A)-- (i) by striking ``(A) Subject'' and inserting the following: ``(A) In general.--Subject''; and (ii) by striking ``of--'' and all that follows through ``additional registration'' and inserting ``for each registration''; (B) in subparagraph (D)-- (i) by striking ``(D) The'' and inserting the following: ``(D) Maximum amount of fees for registrants.-- The''; (ii) in clause (i), by striking ``shall be $55,000; and'' and inserting ``shall be-- ``(I) for fiscal year 2004, $84,000; ``(II) for each of fiscal years 2005 and 2006, $87,000; ``(III) for fiscal year 2007, $68,000; and ``(IV) for fiscal year 2008, $55,000; and''; and (iii) in clause (ii), by striking ``shall be $95,000.'' and inserting ``shall be-- ``(I) for fiscal year 2004, $145,000; [[Page 420]] 118 STAT. 420 ``(II) for each of fiscal years 2005 and 2006, $151,000; ``(III) for fiscal year 2007, $117,000; and ``(IV) for fiscal year 2008, $95,000.''; and (C) in subparagraph (E)-- (i) by striking ``(E)(i) For'' and inserting the following: ``(E) Maximum amount of fees for small businesses.-- ``(i) In general.--For''; (ii) by indenting the margins of subclauses (I) and (II) of clause (i) appropriately; and (iii) in clause (i)-- (I) subclause (I), by striking ``shall be $38,500; and'' and inserting ``shall be-- ``(aa) for fiscal year 2004, $59,000; ``(bb) for each of fiscal years 2005 and 2006, $61,000; ``(cc) for fiscal year 2007, $48,000; and ``(dd) for fiscal year 2008, $38,500; and''; and (II) in subclause (II), by striking ``shall be $66,500.'' and inserting ``shall be-- ``(aa) for fiscal year 2004, $102,000; ``(bb) for each of fiscal years 2005 and 2006, $106,000; ``(cc) for fiscal year 2007, $82,000; and ``(dd) for fiscal year 2008, $66,500.''. (2) Total amount of fees.--Section 4(i)(5)(C) of the Federal Insecticide, Fungicide, and NOTE: 7 USC 136a-1. Rodenticide Act (7 U.S.C. 136(a)-1(i)(5)(C)) is amended-- (A) by striking ``(C)(i) The'' and inserting the following: ``(C) Total amount of fees.--The''; and (B) by striking ``aggregate amount'' and all that follows through clause (ii) and inserting ``aggregate amount of-- ``(i) for fiscal year 2004, $26,000,000; ``(ii) for fiscal year 2005, $27,000,000; ``(iii) for fiscal year 2006, $27,000,000; ``(iv) for fiscal year 2007, $21,000,000; and ``(v) for fiscal year 2008, $15,000,000.''. (3) Definition of small business.--Section 4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(E)(ii)) is amended-- (A) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting the margins appropriately; (B) by striking ``(ii) For purposes of'' and inserting the following: ``(ii) Definition of small business.-- ``(I) In general.--In''; (C) in item (aa) (as so redesignated), by striking ``150'' and inserting ``500''; (D) in item (bb) (as so redesignated), by striking ``gross revenue from chemicals that did not exceed $40,000,000.'' and inserting ``global gross revenue from pesticides that did not exceed $60,000,000.''; and (E) by adding at the end the following: [[Page 421]] 118 STAT. 421 ``(II) Affiliates.-- ``(aa) In general.--In the case of a business entity with 1 or more affiliates, the gross revenue limit under subclause (I)(bb) shall apply to the gross revenue for the entity and all of the affiliates of the entity, including parents and subsidiaries, if applicable. ``(bb) Affiliated persons.-- For the purpose of item (aa), persons are affiliates of each other if, directly or indirectly, either person controls or has the power to control the other person, or a third person controls or has the power to control both persons. ``(cc) Indicia of control.-- For the purpose of item (aa), indicia of control include interlocking management or ownership, identity of interests among family members, shared facilities and equipment, and common use of employees.''. (4) Extension of authority for collecting maintenance fees.--Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is amended by striking ``2003'' and inserting ``2008''. (5) Reregistration and other activities.--Section 4(g)(2) of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136a-1(g)(2)) is amended-- (A) by striking subparagraph (A) and inserting the following: ``(A) In general.--The Administrator shall make a determination as to eligibility for reregistration-- ``(i) for all active ingredients subject to reregistration under this section for which tolerances or exemptions from tolerances are required under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), not later than the last date for tolerance reassessment established under section 408(q)(1)(C) of that Act (21 U.S.C. 346a(q)(1)(C)); and ``(ii) for all other active ingredients subject to reregistration under this section, not later than October 3, 2008.''; (B) in subparagraph (B)-- (i) by striking ``(B) Before'' and inserting the following: ``(B) Product-specific data.-- ``(i) In general.--Before''; (ii) by striking ``The Administrator'' and inserting the following: ``(ii) Timing.-- ``(I) In general.--Subject to subclause (II), the Administrator''; and (iii) by adding at the end the following: ``(II) Extraordinary circumstances.--In the case of extraordinary circumstances, the Administrator may provide such a longer period, of not more than 2 additional years, for submission of data to the Administrator under this subparagraph.''; and [[Page 422]] 118 STAT. 422 (C) in subparagraph (D)-- (i) by striking ``(D) If'' and inserting the following: ``(D) Determination to not reregister.-- ``(i) In general.--If''; and (ii) by adding at the end the following: ``(ii) Timing for regulatory action.-- Regulatory action under clause (i) shall be completed as expeditiously as possible.''. (d) Other Fees.-- (1) In general.--Section 4(i)(6) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(6)) is amended-- (A) by striking ``During'' and inserting ``Except as provided in section 33, during''; and (B) by striking ``2003'' and inserting ``2010''. (2) Tolerance fees.--Notwithstanding NOTE: Effective date. Termination date. 21 USC 346a note. section 408(m)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(1)), during the period beginning on October 1, 2003, and ending on September 30, 2008, the Administrator of the Environmental Protection Agency shall not collect any tolerance fees under that section. (e) Expedited Processing of Similar Applications.--Section 4(k)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(k)(3)) is amended-- (1) in the paragraph heading, by striking ``Expedited'' and inserting ``Review of inert ingredients; expedited''; and (2) in subparagraph (A)-- (A) by striking ``1997'' and all that follows through ``of the maintenance fees'' and inserting ``2004 through 2006, approximately $3,300,000, and for each of fiscal years 2007 and 2008, between \1/8\ and \1/7\, of the maintenance fees''; (B) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II) and (III), respectively, and indenting appropriately; and (C) by striking ``resources to assure the expedited processing and review of any application that'' and inserting ``resources-- ``(i) to review and evaluate new inert ingredients; and ``(ii) to ensure the expedited processing and review of any application that--''. (f) Pesticide Registration Service Fees.--The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended-- (1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 136y) as sections 34 and 35, respectively; and (2) by inserting after section 32 (7 U.S.C. 136w-7) the following: ``SEC. 33. NOTE: 7 USC 136w-8. PESTICIDE REGISTRATION SERVICE FEES. ``(a) Definition of Costs.--In this section, the term `costs', when used with respect to review and decisionmaking pertaining to an application for which registration service fees are paid under this section, means-- ``(1) costs to the extent that-- [[Page 423]] 118 STAT. 423 ``(A) officers and employees provide direct support for the review and decisionmaking for covered pesticide applications, associated tolerances, and corresponding risk and benefits information and analyses; ``(B) persons and organizations under contract with the Administrator engage in the review of the applications, and corresponding risk and benefits information and assessments; and ``(C) advisory committees and other accredited persons or organizations, on the request of the Administrator, engage in the peer review of risk or benefits information associated with covered pesticide applications; ``(2) costs of management of information, and the acquisition, maintenance, and repair of computer and telecommunication resources (including software), used to support review of pesticide applications, associated tolerances, and corresponding risk and benefits information and analyses; and ``(3) costs of collecting registration service fees under subsections (b) and (c) and reporting, auditing, and accounting under this section. ``(b) Fees.-- ``(1) In general.--Effective NOTE: Effective date. beginning on the effective date of the Pesticide Registration Improvement Act of 2003, the Administrator shall assess and collect covered pesticide registration service fees in accordance with this section. ``(2) Covered pesticide registration applications.-- ``(A) In general.--An application for the registration of a pesticide covered by this Act that is received by the Administrator on or after the effective date of the Pesticide Registration Improvement Act of 2003 shall be subject to a registration service fee under this section. ``(B) Existing applications.-- ``(i) In general.--Subject to clause (ii), an application for the registration of a pesticide that was submitted to the Administrator before the effective date of the Pesticide Registration Improvement Act of 2003 and is pending on that effective date shall be subject to a service fee under this section if the application is for the registration of a new active ingredient that is not listed in the Registration Division 2003 Work Plan of the Office of Pesticide Programs of the Environmental Protection Agency. ``(ii) Tolerance or exemption fees.--The amount of any fee otherwise payable for an application described in clause (i) under this section shall be reduced by the amount of any fees paid to support the related petition for a pesticide tolerance or exemption under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). ``(C) Documentation.--An application subject to a registration service fee under this section shall be submitted with documentation certifying-- ``(i) payment of the registration service fee; or ``(ii) a request for a waiver from or reduction of the registration service fee. ``(3) Schedule of covered applications and registration service fees.-- [[Page 424]] 118 STAT. 424 ``(A) In general.--Not later NOTE: Deadline. Federal Register, publication. than 30 days after the effective date of the Pesticide Registration Improvement Act of 2003, the Administrator shall publish in the Federal Register a schedule of covered pesticide registration applications and corresponding registration service fees. ``(B) Report.--Subject to paragraph (6), the schedule shall be the same as the applicable schedule appearing in the Congressional Record on pages S11631 through S11633, dated September 17, 2003. ``(4) Pending pesticide registration applications.-- ``(A) In general.--An applicant that submitted a registration application to the Administrator before the effective date of the Pesticide Registration Improvement Act of 2003, but that is not required to pay a registration service fee under paragraph (2)(B), may, on a voluntary basis, pay a registration service fee in accordance with paragraph (2)(B). ``(B) Voluntary fee.--The Administrator may not compel payment of a registration service fee for an application described in subparagraph (A). ``(C) Documentation.--An application for which a voluntary registration service fee is paid under this paragraph shall be submitted with documentation certifying-- ``(i) payment of the registration service fee; or ``(ii) a request for a waiver from or reduction of the registration service fee. ``(5) Resubmission of pesticide registration applications.-- If a pesticide registration application is submitted by a person that paid the fee for the application under paragraph (2), is determined by the Administrator to be complete, and is not approved or is withdrawn (without a waiver or refund), the submission of the same pesticide registration application by the same person (or a licensee, assignee, or successor of the person) shall not be subject to a fee under paragraph (2). ``(6) Fee adjustment.--Effective for a covered pesticide registration application received on or after October 1, 2005, the Administrator shall-- ``(A) increase by 5 percent the service fee payable for the application under paragraph (3); and ``(B) NOTE: Federal Register, publication. publish in the Federal Register the revised registration service fee schedule. ``(7) Waivers and reductions.-- ``(A) In general.--An applicant for a covered pesticide registration may request the Administrator to waive or reduce the amount of a registration service fee payable under this section under the circumstances described in subparagraphs (D) through (G). ``(B) Documentation.-- ``(i) In general.--A request for a waiver from or reduction of the registration service fee shall be accompanied by appropriate documentation demonstrating the basis for the waiver or reduction. ``(ii) Certification.--The applicant shall provide to the Administrator a written certification, signed by a responsible officer, that the documentation submitted to support the waiver or reduction request is accurate. [[Page 425]] 118 STAT. 425 ``(iii) Inaccurate documentation.--An application shall be subject to the applicable registration service fee payable under paragraph (3) if, at any time, the Administrator determines that-- ``(I) the documentation supporting the waiver or reduction request is not accurate; or ``(II) based on the documentation or any other information, the waiver or reduction should not have been granted or should not be granted. ``(C) NOTE: Deadline. Determination to grant or deny request.--As soon as practicable, but not later than 60 days, after the date on which the Administrator receives a request for a waiver or reduction of a registration service fee under this paragraph, the Administrator shall-- ``(i) determine whether to grant or deny the request; and ``(ii) NOTE: Notification. notify the applicant of the determination. ``(D) Minor uses.-- ``(i) In general.--The Administrator may waive or reduce a registration service fee for an application for minor uses for a pesticide. ``(ii) Supporting documentation.--An applicant requesting a waiver under this subparagraph shall provide supporting documentation that demonstrates, to the satisfaction of the Administrator, that anticipated revenues from the uses that are the subject of the application would be insufficient to justify imposition of the full application fee. ``(E) IR-4 waiver.--The Administrator shall waive the registration service fee for an application if the Administrator determines that-- ``(i) the application is solely associated with a tolerance petition submitted in connection with the Inter-Regional Project Number 4 (IR-4) as described in section 2 of Public Law 89-106 (7 U.S.C. 450i(e)); and ``(ii) the waiver is in the public interest. ``(F) Small businesses.-- ``(i) In general.--The Administrator shall waive 50 percent of the registration service fees payable by an entity for a covered pesticide registration application under this section if the entity is a small business (as defined in section 4(i)(5)(E)(ii)) at the time of application. ``(ii) Waiver of fees.--The Administrator shall waive all of the registration service fees payable by an entity under this section if the entity-- ``(I) is a small business (as defined in section 4(i)(5)(E)(ii)) at the time of application; and ``(II) has average annual global gross revenues described in section 4(i)(5)(E)(ii)(I)(bb) that does not exceed $10,000,000, at the time of application. ``(iii) Formation for waiver.--The Administrator shall not grant a waiver under this subparagraph if the Administrator determines that the entity submitting the application has been formed or manipulated primarily for the purpose of qualifying for the waiver. [[Page 426]] 118 STAT. 426 ``(iv) Documentation.--An entity requesting a waiver under this subparagraph shall provide to the Administrator-- ``(I) documentation demonstrating that the entity is a small business (as defined in section 4(i)(5)(E)(ii)) at the time of application; and ``(II) if the entity is requesting a waiver of all registration service fees payable under this section, documentation demonstrating that the entity has an average annual global gross revenues described in section 4(i)(5)(E)(ii)(I)(bb) that does not exceed $10,000,000, at the time of application. ``(G) Federal and state agency exemptions.--An agency of the Federal Government or a State government shall be exempt from covered registration service fees under this section. ``(8) Refunds.-- ``(A) Early withdrawals.--If, during the first 60 days after the beginning of the applicable decision time review period under subsection (f)(3), a covered pesticide registration application is withdrawn by the applicant, the Administrator shall refund all but 10 percent of the total registration service fee payable under paragraph (3) for the application. ``(B) Withdrawals after the first 60 days of decision review time period.-- ``(i) In general.--If a covered pesticide registration application is withdrawn after the first 60 days of the applicable decision time review period, the Administrator shall determine what portion, if any, of the total registration service fee payable under paragraph (3) for the application may be refunded based on the proportion of the work completed at the time of withdrawal. ``(ii) Timing.--The Administrator shall-- ``(I) NOTE: Deadline. make the determination described in clause (i) not later than 90 days after the date the application is withdrawn; and ``(II) provide any refund as soon as practicable after the determination. ``(C) Discretionary refunds.-- ``(i) In general.--In the case of a pesticide registration application that has been filed with the Administrator and has not been withdrawn by the applicant, but for which the Administrator has not yet made a final determination, the Administrator may refund a portion of a covered registration service fee if the Administrator determines that the refund is justified. ``(ii) Basis.--The Administrator may provide a refund for an application under this subparagraph-- ``(I) on the basis that, in reviewing the application, the Administrator has considered data submitted in support of another pesticide registration application; or [[Page 427]] 118 STAT. 427 ``(II) on the basis that the Administrator completed portions of the review of the application before the effective date of this section. ``(D) Credited fees.--In determining whether to grant a refund under this paragraph, the Administrator shall take into account any portion of the registration service fees credited under paragraph (2) or (4). ``(c) Pesticide Registration Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a Pesticide Registration Fund to be used in carrying out this section (referred to in this section as the `Fund'), consisting of-- ``(A) such amounts as are deposited in the Fund under paragraph (2); ``(B) any interest earned on investment of amounts in the Fund under paragraph (4); and ``(C) any proceeds from the sale or redemption of investments held in the Fund. ``(2) Deposits in fund.--Subject to paragraph (4), the Administrator shall deposit fees collected under this section in the Fund. ``(3) Expenditures from fund.-- ``(A) In general.--Subject to subparagraphs (B) and (C) and paragraph (4), the Administrator may make expenditures from the Fund-- ``(i) to cover the costs associated with the review and decisionmaking pertaining to all applications for which registration service fees have been paid under this section; and ``(ii) to otherwise carry out this section. ``(B) Worker protection.--For each of fiscal years 2004 through 2008, the Administrator shall use approximately \1/17\ of the amount in the Fund (but not more than $1,000,000, and not less than $750,000, for any fiscal year) to enhance current scientific and regulatory activities related to worker protection. ``(C) New inert ingredients.--For each of fiscal years 2004 and 2005, the Administrator shall use approximately \1/34\ of the amount in the Fund (but not to exceed $500,000 for any fiscal year) for the review and evaluation of new inert ingredients. ``(4) Collections and appropriations acts.--The fees authorized by this section and amounts deposited in the Fund-- ``(A) shall be collected and made available for obligation only to the extent provided in advance in appropriations Acts; and ``(B) shall be available without fiscal year limitation. ``(5) Unused funds.--Amounts in the Fund not currently needed to carry out this section shall be-- ``(A) maintained readily available or on deposit; ``(B) invested in obligations of the United States or guaranteed by the United States; or ``(C) invested in obligations, participations, or other instruments that are lawful investments for fiduciary, trust, or public funds. ``(d) Assessment of Fees.-- [[Page 428]] 118 STAT. 428 ``(1) Definition of covered functions.--In this subsection, the term `covered functions' means functions of the Office of Pesticide Programs of the Environmental Protection Agency, as identified in key programs and projects of the final operating plan for the Environmental Protection Agency submitted as part of the budget process for fiscal year 2002, regardless of any subsequent transfer of 1 or more of the functions to another office or agency or the subsequent transfer of a new function to the Office of Pesticide Programs. ``(2) Minimum amount of appropriations.--For fiscal years 2004, 2005, and 2006 only, registration service fees may not be assessed for a fiscal year under this section unless the amount of appropriations for salaries, contracts, and expenses for the functions (as in existence in fiscal year 2002) of the Office of Pesticide Programs of the Environmental Protection Agency for the fiscal year (excluding the amount of any fees appropriated for the fiscal year) are equal to or greater than the amount of appropriations for covered functions for fiscal year 2002 (excluding the amount of any fees appropriated for the fiscal year). ``(3) Use of fees.--Registration service fees authorized by this section shall be available, in the aggregate, only to defray increases in the costs associated with the review and decisionmaking for the review of pesticide registration applications and associated tolerances (including increases in the number of full-time equivalent positions in the Environmental Protection Agency engaged in those activities) over the costs for fiscal year 2002, excluding costs paid from fees appropriated for the fiscal year. ``(4) Compliance.--The requirements of paragraph (2) shall have been considered to have been met for any fiscal year if the amount of appropriations for salaries, contracts, and expenses for the functions (as in existence in fiscal year 2002) of the Office of Pesticide Programs of the Environmental Protection Agency for the fiscal year (excluding the amount of any fees appropriated for the fiscal year) is not more than 3 percent below the amount of appropriations for covered functions for fiscal year 2002 (excluding the amount of any fees appropriated for the fiscal year). ``(5) Subsequent authority.--If the Administrator does not assess registration service fees under subsection (b) during any portion of a fiscal year as the result of paragraph (2) and is subsequently permitted to assess the fees under subsection (b) during the fiscal year, the Administrator shall assess and collect the fees, without any modification in rate, at any time during the fiscal year, notwithstanding any provisions of subsection (b) relating to the date fees are to be paid. ``(e) Reforms to Reduce Decision Time Review Periods.--To the maximum extent practicable consistent with the degrees of risk presented by pesticides and the type of review appropriate to evaluate risks, the Administrator shall identify and evaluate reforms to the pesticide registration process under this Act with the goal of reducing decision review periods in effect on the effective date of the Pesticide Registration Improvement Act of 2003 for pesticide registration actions for covered pesticide registration applications (including reduced risk applications). ``(f) Decision Time Review Periods.-- [[Page 429]] 118 STAT. 429 ``(1) In general.--Not NOTE: Deadline. Federal Register, publication. later than 30 days after the effective date of the Pesticide Registration Improvement Act of 2003, the Administrator shall publish in the Federal Register a schedule of decision review periods for covered pesticide registration actions and corresponding registration service fees under this Act. ``(2) Report.--The schedule shall be the same as the applicable schedule appearing in the Congressional Record on pages S11631 through S11633, dated September 17, 2003. ``(3) NOTE: Applicability. Applications subject to decision time review periods.--The decision time review periods specified in paragraph (1) shall apply to-- ``(A) covered pesticide registration applications subject to registration service fees under subsection (b)(2); ``(B) covered pesticide registration applications for which an applicant has voluntarily paid registration service fees under subsection (b)(4); and ``(C) covered pesticide registration applications listed in the Registration Division 2003 Work Plan of the Office of Pesticide Programs of the Environmental Protection Agency. ``(4) Start of decision time review period.-- ``(A) In general.--Except as provided in subparagraphs (C), (D), and (E), in the case of a pesticide registration application accompanied by the registration service fee required under this section, the decision time review period begins 21 days after the date on which the Administrator receives the covered pesticide registration application. ``(B) Completeness of application.--In conducting an initial screening of an application, the Administrator shall determine-- ``(i) whether-- ``(I) the applicable registration service fee has been paid; or ``(II) the application contains a waiver or refund request; and ``(ii) whether the application-- ``(I) contains all necessary forms, data, draft labeling, and, documentation certifying payment of any registration service fee required under this section; or ``(II) establishes a basis for any requested waiver or reduction. ``(C) Applications with waiver or reduction requests.-- ``(i) In general.--In the case of an application submitted with a request for a waiver or reduction of registration service fees under subsection (b)(7), the decision time review period shall be determined in accordance with this subparagraph. ``(ii) Request granted with no additional fees required.--If the Administrator grants the waiver or reduction request and no additional fee is required, the decision time review period begins on the earlier of-- [[Page 430]] 118 STAT. 430 ``(I) the date on which the Administrator grants the request; or ``(II) the date that is 60 days after the date of receipt of the application. ``(iii) Request granted with additional fees required.--If the Administrator grants the waiver or reduction request, in whole or in part, but an additional registration service fee is required, the decision time review period begins on the date on which the Administrator receives certification of payment of the applicable registration service fee. ``(iv) Request denied.--If the Administrator denies the waiver or reduction request, the decision time review period begins on the date on which the Administrator receives certification of payment of the applicable registration service fee. ``(D) Pending applications.-- ``(i) In general.--The start of the decision time review period for applications described in clause (ii) shall be the date on which the Administrator receives certification of payment of the applicable registration service fee. ``(ii) Applications.--Clause (i) applies to-- ``(I) covered pesticide registration applications for which voluntary fees have been paid under subsection (b)(4); and ``(II) covered pesticide registration applications received on or after the effective date of the Pesticide Registration Improvement Act of 2003 but submitted without the applicable registration service fee required under this section due to the inability of the Administrator to assess fees under subsection (d)(1). ``(E) 2003 work plan.--In NOTE: Effective date. the case of a covered pesticide registration application listed in the Registration Division 2003 Work Plan of the Office of Pesticide Programs of the Environmental Protection Agency, the decision time review period begins on the date that is 30 days after the effective date of the Pesticide Registration Improvement Act of 2003. ``(5) Extension of decision time review period.--The Administrator and the applicant may mutually agree in writing to extend a decision time review period under this subsection. ``(g) Judicial Review.-- ``(1) In general.--Any applicant adversely affected by the failure of the Administrator to make a determination on the application of the applicant for registration of a new active ingredient or new use for which a registration service fee is paid under this section may obtain judicial review of the failure solely under this section. ``(2) Scope.-- ``(A) In general.--In an action brought under this subsection, the only issue on review is whether the Administrator failed to make a determination on the application specified in paragraph (1) by the end of the applicable decision time review period required under subsection (f) for the application. [[Page 431]] 118 STAT. 431 ``(B) Other actions.--No other action authorized or required under this section shall be judicially reviewable by a Federal or State court. ``(3) Timing.-- ``(A) In general.--A person may not obtain judicial review of the failure of the Administrator to make a determination on the application specified in paragraph (1) before the expiration of the 2-year period that begins on the date on which the decision time review period for the application ends. ``(B) Meeting with administrator.--To be eligible to seek judicial review under this subsection, a person seeking the review shall first request in writing, at least 120 days before filing the complaint for judicial review, a decision review meeting with the Administrator. ``(4) Remedies.--The Administrator may not be required or permitted to refund any portion of a registration service fee paid in response to a complaint that the Administrator has failed to make a determination on the covered pesticide registration application specified in paragraph (1) by the end of the applicable decision review period. ``(h) Accounting.--The Administrator shall-- ``(1) provide an annual accounting of the registration service fees paid to the Administrator and disbursed from the Fund, by providing financial statements in accordance with-- ``(A) the Chief Financial Officers Act of 1990 (Public Law 101-576; 104 Stat. 2838) and amendments made by that Act; and ``(B) the Government Management Reform Act of 1994 (Public Law 103-356; 108 Stat. 3410) and amendments made by that Act; ``(2) provide an accounting describing expenditures from the Fund authorized under subsection (c); and ``(3) provide an annual accounting describing collections and expenditures authorized under subsection (d). ``(i) Auditing.-- ``(1) Financial statements of agencies.--For the purpose of section 3515(c) of title 31, United States Code, the Fund shall be considered a component of an executive agency. ``(2) Components.--The annual audit required under sections 3515(b) and 3521 of that title of the financial statements of activities under this section shall include an analysis of-- ``(A) the fees collected under subsection (b) and disbursed; ``(B) compliance with subsection (f); ``(C) the amount appropriated to meet the requirements of subsection (d)(1); and ``(D) the reasonableness of the allocation of the overhead allocation of costs associated with the review and decisionmaking pertaining to applications under this section. ``(3) Inspector general.--The Inspector General of the Environmental Protection Agency shall-- ``(A) conduct the annual audit required under this subsection; and [[Page 432]] 118 STAT. 432 ``(B) report the findings and recommendations of the audit to the Administrator and to the appropriate committees of Congress. ``(j) Personnel Levels.--All full-time equivalent positions supported by fees authorized and collected under this section shall not be counted against the agency-wide personnel level goals of the Environmental Protection Agency. ``(k) Reports.-- ``(1) In general.--Not NOTE: Deadlines. later than March 1, 2005, and each March 1 thereafter through March 1, 2009, the Administrator shall publish an annual report describing actions taken under this section. ``(2) Contents.--The report shall include-- ``(A) a review of the progress made in carrying out each requirement of subsections (e) and (f), including-- ``(i) the number of applications reviewed, including the decision times for each application specified in subsection (f); ``(ii) the number of actions pending in each category of actions described in subsection (f)(3), as well as the number of inert ingredients; ``(iii) to the extent determined appropriate by the Administrator and consistent with the authorities of the Administrator and limitations on delegation of functions by the Administrator, recommendations for-- ``(I) expanding the use of self- certification in all appropriate areas of the registration process; ``(II) providing for accreditation of outside reviewers and the use of outside reviewers to conduct the review of major portions of applications; and ``(III) reviewing the scope of use of the notification process to cover broader categories of registration actions; and ``(iv) the use of performance-based contracts, other contracts, and procurement to ensure that-- ``(I) the goals of this Act for the timely review of applications for registration are met; and ``(II) the registration program is administered in the most productive and cost effective manner practicable; ``(B) a description of the staffing and resources relating to the costs associated with the review and decisionmaking pertaining to applications; and ``(C) a review of the progress in meeting the timeline requirements of section 4(g). ``(3) Method.--The Administrator shall publish a report required by this subsection by such method as the Administrator determines to be the most effective for efficiently disseminating the report, including publication of the report on the Internet site of the Environmental Protection Agency. ``(l) Savings Clause.--Nothing in this section affects any other duties, obligations, or authorities established by any other section of this Act, including the right to judicial review of duties, obligations, or authorities established by any other section of this Act. ``(m) Termination of Effectiveness.-- [[Page 433]] 118 STAT. 433 ``(1) In general.--Except NOTE: Termination date. as provided in paragraph (2), the authority provided by this section terminates on September 30, 2008. ``(2) Phase out.-- ``(A) Fiscal year 2009.--During fiscal year 2009, the requirement to pay and collect registration service fees applies, except that the level of registration service fees payable under this section shall be reduced 40 percent below the level in effect on September 30, 2008. ``(B) Fiscal year 2010.--During fiscal year 2010, the requirement to pay and collect registration service fees applies, except that the level of registration service fees payable under this section shall be reduced 70 percent below the level in effect on September 30, 2008. ``(C) September 30, 2010.-- Effective NOTE: Termination date. September 30, 2010, the requirement to pay and collect registration service fees terminates. ``(D) Decision review periods.-- ``(i) Pending applications.--In the case of an application received under this section before September 30, 2008, the application shall be reviewed in accordance with subsection (f). ``(ii) New applications.--In the case of an application received under this section on or after September 30, 2008, subsection (f) shall not apply to the application.''. (g) Conforming Amendments.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 136) is amended-- (1) by striking the item relating to section 4(k)(3) and inserting the following: ``(3) Review of inert ingredients; expedited processing of similar applications.''; and (2) by striking the items relating to sections 30 and 31 and inserting the following: ``Sec. 30. Minimum requirements for training of maintenance applicators and service technicians. ``Sec. 31. Environmental Protection Agency minor use program. ``Sec. 32. Department of Agriculture minor use program. ``(a) In general. ``(b)(1) Minor use pesticide data. ``(2) Minor Use Pesticide Data Revolving Fund. ``Sec. 33. Pesticide registration service fees. ``(a) Definition of costs. ``(b) Fees. ``(1) In general. ``(2) Covered pesticide registration applications. ``(3) Schedule of covered applications and registration service fees. ``(4) Pending pesticide registration applications. ``(5) Resubmission of pesticide registration applications. ``(6) Fee adjustment. ``(7) Waivers and reductions. ``(8) Refunds. ``(c) Pesticide Registration Fund. ``(1) Establishment. ``(2) Transfers to Fund. ``(3) Expenditures from Fund. ``(4) Collections and appropriations Acts. ``(5) Unused funds. ``(d) Assessment of fees. ``(1) Definition of covered functions. [[Page 434]] 118 STAT. 434 ``(2) Minimum amount of appropriations. ``(3) Use of fees. ``(4) Compliance. ``(5) Subsequent authority. ``(e) Reforms to reduce decision time review periods. ``(f) Decision time review periods. ``(1) In general. ``(2) Report. ``(3) Applications subject to decision time review periods. ``(4) Start of decision time review period. ``(5) Extension of decision time review period. ``(g) Judicial review. ``(1) In general. ``(2) Scope. ``(3) Timing. ``(4) Remedies. ``(h) Accounting. ``(i) Auditing. ``(1) Financial statements of agencies. ``(2) Components. ``(3) Inspector General. ``(j) Personnel levels. ``(k) Reports. ``(1) In general. ``(2) Contents. ``(l) Savings clause. ``(m) Termination of effectiveness. ``(1) In general. ``(2) Phase out. ``Sec. 34. Severability. ``Sec. 35. Authorization for appropriations.''. (h) Effective Date.--Except NOTE: 7 USC 136a note. as otherwise provided in this section and the amendments made by this section, this section and the amendments made by this section take effect on the date that is 60 days after the date of enactment of this Act. This division may be cited as the ``Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004''. DIVISION H--MISCELLANEOUS NOTE: Miscellaneous Appropriations and Offsets Act, 2004. APPROPRIATIONS AND OFFSETS (including rescissions of funds) (including transfers of funds) That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, and for other purposes, namely: - Sec. 101. Section 1241(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(3)) is amended by striking ``, using'' and all that follows through ``2013''. Sec. 102. (a) Of the funds appropriated under the heading ``Emergency Preparedness and Response, Disaster Relief'' in chapter 2 of title I of Public Law 108-106, $225,000,000 are rescinded. (b) In addition to amounts appropriated in Public Law 108-108 for ``Forest Service, Wildland Fire Management'' for hazardous fuels reduction, hazard mitigation, and rehabilitation activities of the Forest Service in southern California, $25,000,000, to remain available until expended. (c) In addition to amounts appropriated in Public Law 108-108 for ``Forest Service, State and Private Forestry'' for hazard mitigation, fuels reduction, and forest health protection and mitigation activities on State and private lands in southern California, $25,000,000, to remain available until expended. [[Page 435]] 118 STAT. 435 (d) In addition to amounts made available elsewhere in this Act for the ``Department of Agriculture, Emergency Watershed Protection Program'' to carry out additional activities in response to the recent wildfires in southern California, including the provision of technical and financial assistance to respond to the tree mortality emergency in Los Angeles, Riverside, San Diego and San Bernardino Counties, California, $150,000,000, to remain available until expended. (e) For an additional amount for the tree assistance program in southern California under subtitle C of title X of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.), $12,500,000. (f) For an additional amount for the emergency conservation program in southern California under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.), $12,000,000. (g) For an additional amount for the livestock indemnity program in southern California under the heading ``COMMODITY CREDIT CORPORATION FUND'' in chapter 1 of title I of the 1999 Emergency Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 59), $500,000. (h) The amounts provided or made available by this section are designated by the Congress as an emergency requirement pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004. Sec. 103. In addition to amounts otherwise made available in this Act, for ``Office of Justice Programs--State and Local Law Enforcement Assistance'' for discretionary grants under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs for reimbursement to State and local law enforcement entities for security and related costs, including overtime, associated with the 2004 Presidential Candidate Nominating Conventions, $50,000,000, to remain available until September 30, 2005. Sec. NOTE: Establishment. 104. (a) Commission on the Abraham Lincoln Study Abroad Fellowship Program.--There are appropriated, out of any money in the Treasury not otherwise appropriated, $500,000 to establish and fund a bipartisan Commission on the Abraham Lincoln Study Abroad Fellowship Program (in this section referred to as the ``Commission''). (b) Recommendations and Development of Program.-- (1) Recommendations.--The Commission shall recommend a program to greatly expand the opportunity for students at institutions of higher education in the United States to study abroad, with special emphasis on studying in developing nations. (2) Development of program.--The Secretary of State, the Secretary of Education, the Secretary of Commerce, and the Secretary of Defense, in consultation with the Commission, shall develop a program, described in paragraph (1), that assists a diverse group of students and meets the growing need of the United States to become more sensitive to the cultures of other countries. (c) Composition.-- (1) In general.--The Commission shall consist of 17 members to be appointed as follows: (A) Three members shall be appointed by the Majority Leader of the Senate. [[Page 436]] 118 STAT. 436 (B) Three members shall be appointed by the Minority Leader of the Senate. (C) Three members shall be appointed by the Speaker of the House of Representatives. (D) Three members shall be appointed by the Minority Leader of the House of Representatives. (E) One member shall be appointed by the President from a list of candidates submitted by the Secretary of State. (F) One member shall be appointed by the President from a list of candidates submitted by the Secretary of Defense. (G) One member shall be appointed by the President from a list of candidates submitted by the Secretary of Education. (H) One member shall be appointed by the President from a list of candidates submitted by the Secretary of Commerce. (I) One member shall be appointed jointly by the individuals described in subparagraphs (A) through (D), and such member shall serve as Chair of the Commission. (2) Types of individuals.--The Commission may consist of members who are leaders in university exchange programs, leaders in foreign policy, and business leaders with experience in international trade. (d) Executive Director and Staff.-- (1) Appointment of executive director.--The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director of the Commission. The employment of an executive director shall be subject to confirmation by the Commission. The Chair of the Commission may fix the compensation of the executive director without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (2) Staff.--The executive director may appoint not more than 3 individuals to assist the executive director in carrying out the duties of the executive director. The Chair of the Commission may fix the compensation of the individuals appointed by the executive director without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such individuals may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (e) Compensation.--Members of the Commission shall not receive compensation for the performance of services for the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (f) Report.--Not NOTE: Deadline. later than December 1, 2004, the Commission shall submit a report to the appropriate committee of Congress [[Page 437]] 118 STAT. 437 and the President on recommendations for a program to greatly expand the opportunity for students at institutions of higher education in the United States to study abroad. (g) Termination.--The Commission shall terminate not later than December 31, 2004. Sec. 105. (a) None of the funds made available under this Act may be obligated or expended to implement any measures to reduce overfishing and promote rebuilding of fish stocks managed under the Management Plan other than such measures set out in the final rule. (b) In this section: (1) The term ``final rule'' means the final rule of the National Oceanic and Atmospheric Administration relating to the Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery that was published on June 27, 2003 (68 Fed. Reg. 38234). (2) The term ``Management Plan'' means the Northeast Multispecies Fishery Management Plan prepared pursuant to section 303 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853). Sec. 106. In addition to amounts otherwise made available in this Act, for ``Supreme Court of the United States, Care of the Building and Grounds'', $16,000,000, to remain available until expended. Sec. 107. For an additional amount under the heading ``State and Local Law Enforcement Assistance, Office of Justice Programs'', $2,250,000, of which $750,000 shall only be available for the University of Southern Mississippi Rural Law Enforcement Training Initiative, $750,000 shall only be available for the Mississippi University for Women Institutional Security Program, and $750,000 shall only be available for the City of Jackson, Mississippi, Public Safety Automated Technologies Program. Sec. 108. Upon enactment of this Act, the Secretary of Defense shall make the following transfers of funds: Provided, That funds so transferred shall be merged with and shall be available for the same purpose and for the same time period as the appropriation to which transferred: Provided further, That the amounts shall be transferred between the following appropriations in the amounts specified: From: Under the heading, ``Shipbuilding and Conversion, Navy, 1998/2007'': CVN Refuelings, $29,000,000; Under the heading, ``Shipbuilding and Conversion, Navy, 2003/2007'': Outfitting, post delivery, conversions, and first destination transportation, $8,000,000; Under the heading, ``Shipbuilding and Conversion, Navy, 2004/2008'': Outfitting, post delivery, conversions, and first destination transportation, $11,800,000; CVN Refuelings (AP), $16,600,000; Under the heading, ``Research, Development, Test and Evaluation, Navy, 2004/2005'', $9,200,000; To: [[Page 438]] 118 STAT. 438 Under the heading, ``Shipbuilding and Conversion, Navy, 2004/2008'': NSSN (AP), $37,200,000; NSSN, $11,800,000; Under the heading, ``Shipbuilding and Conversion, Navy, 2002/2006'': SSN Submarine Refuelings, $19,600,000; and Under the heading, ``Defense Health Program'', $6,000,000. Sec. 109. NOTE: Effective date. Effective immediately after the enactment of the National Defense Authorization Act for Fiscal Year 2004, section 724(d)(2) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended-- (1) in subparagraph (A)-- (A) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; and (B) by inserting after ``who--'' the following new clause (i): ``(i) do not have other primary health insurance coverage (other than Medicare coverage) covering basic primary care and inpatient and outpatient services;''; and (2) by striking subparagraph (B) and inserting the following: ``(B) NOTE: Effective date. For each fiscal year beginning after September 30, 2003, the number of covered beneficiaries newly enrolled by designated providers pursuant to clause (ii) of subparagraph (A) during such fiscal year may not exceed 10 percent of the total number of the covered beneficiaries who are newly enrolled under such subparagraph during such fiscal year.''. Sec. 110. Section 853 of the National Defense Authorization Act for NOTE: 10 USC 2302 note. Fiscal Year 2004 is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Credit Toward Certain Small Business Contracting Goals.-- Department of Defense contracts entered into with eligible contractors under the demonstration project under this section, and subcontracts entered into with eligible contractors under such contracts, shall be credited toward the attainment of goals established under section 2323 of title 10, United States Code, and section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) regarding the extent of the participation of disadvantaged small business concerns in contracts of the Department of Defense and subcontracts under such contracts.''. Sec. 111. Section 8022 of the Department of Defense Appropriations Act, 2004, Public Law 108-87, shall not apply to a cost study of a multi-function activity for which the Department of Defense had solicited proposals as of the date of the enactment of that Act. Sec. 112. Of the amounts made available to the Department of Defense under the heading ``Defense Health Program'' for ``Procurement'', $3,100,000 shall be made available to acquire Linear Accelerator Radiation Therapy equipment and associated operating software for Walter Reed Army Medical Center: Provided, That of the amounts available to the Department of Defense under the heading ``Defense Health Program'' for ``Operation and Maintenance, In-House Care'', $2,900,000 shall be made available for the Defense [[Page 439]] 118 STAT. 439 and Veterans Head Injury Program: Provided further, That these funds are in addition to funds provided in previous Acts. Sec. 113. (a) NOTE: Reports. Deadlines. The Secretary of Defense shall study issues related to the consolidation of the storage of mercury contained in the National Defense Stockpile under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) and report to Congress on June 1, 2004, on the results of the study. (b) A decision to consolidate the storage of mercury to a site that currently does not store mercury contained in the National Defense Stockpile under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) shall occur no earlier than 180 days after the date of the report required in subsection (a). Sec. 114. Notwithstanding any other provision of law, the Secretary of Defense may transfer up to $120,000,000 of funds available in the Iraq Freedom Fund to carry out the classified project described in the classified annex accompanying Public Law 107-206, and acquire such interests in real property as he deems necessary to carry out such project: Provided, That the Secretary may transfer such funds to other appropriation accounts of the Department, and the amounts so transferred shall be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense. Sec. 115. Of the amounts provided in Public Laws 107-117, 107-248, and 108-87 under the heading ``National Defense Sealift Fund'' for construction of additional sealift capacity, $40,000,000 shall be made available for the construction of a Port of Philadelphia marine cargo terminal for high-speed military sealift and other military purposes. Sec. 116. NOTE: Federal buildings and facilities. The Department of Veterans Affairs medical center in St. Petersburg, Florida, shall, after the end of the service of C. W. Bill Young as a Member of Congress, be known and designated as the ``C. W. Bill Young Department of Veterans Affairs Medical Center''. Any reference in any law, regulation, map, document, record, or other paper of the United States to such medical center shall be considered to be a reference to the ``C. W. Bill Young Department of Veterans Affairs Medical Center''. Sec. 117. NOTE: Alaska. Of the funds provided in Public Law 108- 7, under the heading of ``Department of Defense--Civil'', ``Department of the Army'', ``Corps of Engineers--Civil'', ``Construction, General'', the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the False Pass, Alaska, project, in accordance with the Report of the Chief of Engineers, dated December 29, 2000. Sec. 118. The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized and directed to design the Central Riverfront Park project on the Ohio Riverfront in Cincinnati, Ohio, as described in the Central Riverfront Park Master Plan performed by the City of Cincinnati, dated December 1999, and the section 905(b) analysis, performed by the Louisville District of the Corps of Engineers, dated August 2002. The cost of project work undertaken by the non-Federal interests, including but not limited to prior and current planning and design, shall be credited toward the non-Federal share of design costs. Sec. 119. The Secretary of the Army, acting through the Chief of Engineers, is directed to use any remaining available funds [[Page 440]] 118 STAT. 440 from funds appropriated in Public Law 101-101 for the Hamlet City Lake, North Carolina, project to provide assistance in carrying out any authorized water-related infrastructure projects in Richmond County, North Carolina. Sec. 120. The Secretary of the Army, acting through the Chief of Engineers, is directed to snag and clear existing debris including trees in Deep River, near Lake Station, Indiana, under section 208 of the Flood Control Act of 1954, as amended. Sec. 121. Section 117, subsection (4), of the Energy and Water Development Appropriations Act, 2004, NOTE: 117 Stat. 1836. is amended to read as follows: ``(4) in subsection (h), by striking `2001--' and all that follows and inserting `2001--$100,000,000 for Rural Nevada, and $25,000,000 for each of Idaho, Montana, New Mexico, and rural Utah, to remain available until expended.'.''. Sec. 122. The Secretary of the Army, acting through the Chief of Engineers, is directed to use any remaining available funds from funds appropriated and made available in Public Law 103-316 for construction of the Savannah Harbor Deepening Project, Savannah, Georgia, for the Savannah Harbor Expansion Project, Savannah, Georgia. Sec. 123. The Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the Columbia River Channel Improvements, Oregon and Washington, project in accordance with the Report of the Chief of Engineers, dated December 23, 1999, and the economic justification and environmental features stated therein, as amended by the Final Supplemental Environmental Impact Statement dated January 28, 2003. Sec. 124. The Secretary of the Army, acting through the Chief of Engineers, is directed to use previously appropriated funds to proceed with design and initiate construction to complete the Stillwater, Minnesota, Levee and Flood Control project. Sec. 125. Of the funds made available in the Energy and Water Development Appropriations Act, 2004, to the Western Area Power Administration, up to $166,100,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to the ``Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration'' account as offsetting collections. Sec. 126. Of the funds provided for the development of the new molecular imaging probes in the statement of managers to accompany H.R. 2754, $5,000,000 shall be provided to the University of California, Los Angeles for the continued efforts for PET imaging, systems biology and nanotechnology. Sec. 127. NOTE: 50 USC 2601 note. Funds appropriated in this, or any other Act hereafter, may not be obligated to pay, on behalf of the United States or a contractor or subcontractor of the United States, to post a bond or fulfill any other financial responsibility requirement relating to closure or post-closure care and monitoring of Sandia National Laboratories and properties held or managed by Sandia National Laboratories prior to implementation of closure or post-closure monitoring. The State of New Mexico or any other entity may not enforce against the United States or a contractor or subcontractor of the United States, in this year or any other fiscal year, a requirement to post bond or any other financial responsibility [[Page 441]] 118 STAT. 441 requirement relating to closure or post-closure care and monitoring of Sandia National Laboratories in New Mexico and properties held or managed by Sandia National Laboratories in New Mexico. Sec. 128. Treatment of Certain Waste Materials. (a) In General.-- Notwithstanding any other provision of law, the Federal commission with the authority to regulate the material designated as ``11e.(2) by- product material'' by section 312 of the Energy and Water Development Appropriations Act, 2004, or by section 634 of the Energy Policy Act of 2003, shall not allow or otherwise permit any facility to receive or dispose of such material if the facility is located in a State that has an application pending under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021) to regulate the 11e.(2) material covered under this section. (b) Sunset.--Subsection (a) ceases to be effective January 1, 2005. Sec. 129. In the conference report accompanying H.R. 6, the Energy Policy Act, in section 1512, subsection (b) strike ``University of Mississippi and the University of Oklahoma'' and insert ``Mississippi State University and Oklahoma State University''. Sec. 130. Department of Energy, Energy Programs, Science. For an additional amount for ``Science'', $50,000,000, to remain available until expended, is provided for the Coralville, Iowa, project, which is to utilize alternative renewable energy sources. Sec. 131. For an additional amount for the ``Science'' account of the Department of Energy in the Energy and Water Development Appropriations Act, 2004, there is appropriated $250,000, to remain available until expended, for Biological Sciences at DePaul University; $500,000, to remain available until expended; for the Cedars-Sinai Gene Therapy Research Program; and $500,000, to remain available until expended, for the Hartford Hospital Interventional Electrophysiology Project. Sec. 132. For an additional amount for the ``Energy Supply'' account of the Department of Energy in the Energy and Water Development Appropriations Act, 2004, there is appropriated $750,000, to remain available until expended, for the Energy Center of Wisconsin Renewable Fuels Project; $500,000, to remain available until expended, for the Wind Energy Transmission Study; $250,000, to remain available until expended, for the White Pine County, Nevada, Public School System biomass conversion heating project; $250,000, to remain available until expended, for the Lead Animal Shelter Animal Campus renewable energy demonstration project; $3,000,000, to remain available until expended, for the establishment of a Hawaii Hydrogen Center for Development and Deployment of Distributed Energy Systems; and $250,000, to remain available until expended, for the Eastern Nevada Landscape Coalition for biomass restoration and science-based restoration. Sec. 133. For an additional amount for the ``Construction, General'' account of the Energy and Water Development Appropriations Act, 2004, there is appropriated $13,750,000, to remain available until expended. Sec. 134. For an additional amount for ``Millennium Challenge Corporation'', $350,000,000, to remain available until expended. Sec. 135. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking ``December 31, 2003'' and inserting ``December 31, 2004''. [[Page 442]] 118 STAT. 442 Sec. 136. (a) The National Flood Insurance Act of 1968 is amended-- (1) in section 1319 (42 U.S.C. 4026), by striking ``December 31, 2003'' and inserting ``June 30, 2004.''; (2) in the first sentence of section 1309(a) (42 U.S.C. 4016(a)), by striking ``December 31, 2003'' and inserting ``the date specified in section 1319''; (3) in section 1336(a) (42 U.S.C. 4056(a)), by striking ``December 31, 2003'' and inserting ``on the date specified in section 1319''; and (4) in section 1376(c) (42 U.S.C. 4127(c)), by striking ``December 31, 2003'' and inserting ``the date specified in section 1319''. (b) NOTE: Effective date. 46 USC 4016 note. 46 USC 10601 note. The amendments made by this section shall be considered to have taken effect on December 31, 2003. Sec. 137. (a) Section 441(c) of the Maritime Transportation Security Act of 2002 (Public Law 107-295) is amended-- (1) by striking ``and that is not the subject of an action prior to June 20, 2002, alleging a breach of subsections (a) and (b) of section 10601 as in effect on such date,''; and (2) by striking ``such subsections'' and inserting ``subsections (a) and (b) of section 10601 of title 46, United States Code, as in effect prior to November 25, 2002''. (b) NOTE: Applicability. 42 USC 10601 note. The amendments made by subsection (a) apply to all proceedings pending on or commenced after the date of enactment of this Act. Sec. 138. Public Law 108-108 is amended under the heading ``Bureau of Indian Affairs, Construction'' NOTE: 16 USC 410jjj. by striking ``25 U.S.C. 2005(a)'' and inserting ``25 U.S.C. 2005(b)'' and by striking ``25 U.S.C. 2505(f)'' and inserting ``25 U.S.C. 2504(f)''. Sec. 139. Congaree National Park Boundary Revision. (a) In General.--Subsection (c) of the first section of Public Law 94-545 (90 Stat. 2517; 102 Stat. 2607) is amended by striking paragraph (6) and inserting the following: ``(6) Effect.--Nothing in this section-- ``(A) affects the use of private land adjacent to the park; ``(B) preempts the authority of the State with respect to the regulation of hunting, fishing, boating, and wildlife management on private land or water outside the boundaries of the park; ``(C) shall negatively affect the economic development of the areas surrounding the park; or ``(D) affects the classification of the park under section 162 of the Clean Air Act (42 U.S.C. 7472).''. (b) NOTE: 16 USC 1132 note. Designation of Congaree National Park Wilderness.-- (1) Designation.--The wilderness established by section 2(a) of the Congaree Swamp National Monument Expansion and Wilderness Act (102 Stat. 2606) and known as the ``Congaree Swamp National Monument Wilderness'' shall be known and designated as the ``Congaree National Park Wilderness''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the wilderness referred to in paragraph (1) shall be deemed to be a reference to the ``Congaree National Park Wilderness''. Sec. 140. Section 123 of the Department of the Interior and Related Agencies NOTE: 117 Stat. 1268. Appropriations Act, 2004 (Public Law 108-108), [[Page 443]] 118 STAT. 443 is amended by striking ``any other governmental land management entity'' and inserting ``any other land management entity''. Sec. 141. NOTE: Effective date. Effective as of November 18, 2003, section 9 of Public Law 100-692 (102 Stat. 4556; 16 U.S.C. 461 note.) is amended to read as follows: ``SEC. 9. NOTE: 16 USC 461 note. TERMINATION OF COMMISSION. ``The Commission shall terminate on November 18, 2007.''. Sec. 142. Title IV of Public Law 108-108 is amended in section 403(b)(4) NOTE: 117 Stat. 1319. by striking ``75-5-703(10)(b)'' and inserting ``75-5-703(10)(c)''. Sec. 143. Public Law 108-108 is amended under the heading ``Indian Health Service, Indian Health Services'' NOTE: 117 Stat. 1294. by striking ``(d) $2,000,000 for the Alaska Federation of Natives sobriety and wellness program for competitive merit-based grants:'' and inserting ``(d) $2,000,000 for RuralCap for alcohol treatment and related transitional housing for homeless chronic inebriates in Anchorage, Alaska:''. Sec. 144. Public Law 108-108 is hereby amended by adding at the end of section 344 NOTE: 117 Stat. 1318. the following: ``(c) Exemptions.--The requirements of this section shall not apply to amounts in this Act designated as emergency requirements pursuant to section 502 of H. Con. Res. 95 (108th Congress), the concurrent resolution on the budget for fiscal year 2004. ``(d) NOTE: Applicability. Reports. Indian Land and Water Claim Settlements.--Under the heading `Bureau of Indian Affairs, Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians', the across-the-board rescission in this section, and any subsequent across- the-board rescission for fiscal year 2004, shall apply only to the first dollar amount in the paragraph and the distribution of the rescission shall be at the discretion of the Secretary of the Interior who shall submit a report on such distribution and the rationale therefor to the House and Senate Committees on Appropriations.''. Sec. NOTE: Mississippi. 16 USC 668dd note. 145. Theodore Roosevelt National Wildlife Refuge. (a) Definitions.--In this section: (1) County.--The term ``county'' means each of the counties of Leflore, Holmes, Humphreys, Sharkey, Warren, and Washington in the State. (2) Refuge.--The term ``Refuge'' means the Theodore Roosevelt National Wildlife Refuge established under subsection (b). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Mississippi. (b) Establishment.--The Secretary shall establish the Theodore Roosevelt National Wildlife Refuge, consisting of approximately 6,600 acres of land that-- (1) as of the date of enactment of this Act, is owned by the United States; (2) was formerly in the inventory of the United States Department of Agriculture; and (3) is located in the counties. (c) Map.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map depicting the boundaries of the Refuge. [[Page 444]] 118 STAT. 444 (d) Boundary Revision.--The Secretary may revise the boundaries of the Refuge in the counties to-- (1) carry out the purposes of the Refuge; or (2) facilitate the acquisition or donation of land. (e) Acquisition of Land.--Notwithstanding any other provision of law, the Secretary may, for management purposes, exchange Refuge land for land acquired or donated for fee title that is located in the counties. (f) Education Center.--The Secretary of the Army, acting through the Chief of Engineers, in consultation with the Secretary, shall design and construct a multiagency wildlife and environmental interpretive and education center at a location in the South Delta area of the State to be determined by a site selection and feasibility study conducted by the Secretary of the Army. (g) Designation of Refuge Complexes.-- (1) Holt collier national wildlife refuge.-- (A) Designation.--The refuge in the State known as the ``Bogue Phalia Unit of the Yazoo National Wildlife Refuge'' shall be known as the ``Holt Collier National Wildlife Refuge''. (B) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the refuge referred to in subparagraph (A) shall be deemed to be a reference to the ``Holt Collier National Wildlife Refuge''. (2) Theodore roosevelt national wildlife refuge complex.-- (A) Designation.--The refuge complex in the State known as the ``Central Mississippi National Wildlife Refuge Complex'' shall be known as the ``Theodore Roosevelt National Wildlife Refuge Complex''. (B) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the refuge complex referred to in subparagraph (A) shall be deemed to be a reference to the ``Theodore Roosevelt National Wildlife Refuge Complex''. (h) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated such sums as are necessary to carry out this section. (2) Education center.--There are authorized to be appropriated to carry out subsection (f) $6,000,000. Sec. 146. For the purposes described in section 386 of the Energy Policy Act of 2003 there is authorized to be appropriated $1,000,000, except that upon that Act becoming law, section 386 is amended through this Act: (1) in subsection (a) by inserting before the term ``to issue'' the phrase ``or with an entity the Secretary determines is qualified to construct and operate a liquefied natural gas project to transport liquefied natural gas from Southcentral Alaska to West Coast States,''; (2) at the end of paragraph 386(b)(1) by striking the period and inserting ``, or after the Secretary certifies there exists a qualified entity to construct and operate a liquefied natural gas project to transport liquefied natural gas from Southcentral Alaska to West Coast States. In no case shall loan guarantees be issued for more than one qualified project.''; [[Page 445]] 118 STAT. 445 (3) at the end of paragraph 386(c)(2) by striking the period and inserting ``, except that the total amount of principal that may be guaranteed for a qualified liquefied natural gas project may not exceed a principal amount in which the cost of loan guarantees, as defined by section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)), exceeds $2,000,000,000.''; and (4) at paragraph 386(g)(4): (A) by inserting before the term ``consisting'' the new term ``or system''; and (B) by inserting between the term ``plants'' and the ``)'' the phrase ``liquification plants and liquefied natural gas tankers for transportation of liquefied natural gas from Southcentral Alaska to the West Coast''. Sec. 147. Payment of Expenses After the Death of Certain Federal Employees in the State of Alaska. Section 1308 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3198) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Payment of Expenses After Death of an Employee.-- ``(1) Definition of immediate family member.--In this subsection, the term ``immediate family member'' means a person related to a deceased employee that was a member of the household of the deceased employee at the time of death. ``(2) Payments.--If an employee appointed under the program established by subsection (a) dies in the performance of any assigned duties on or after October 1, 2002, the Secretary may-- ``(A) pay or reimburse reasonable expenses, regardless of when those expenses are incurred, for the preparation and transportation of the remains of the deceased employee to a location in the State of Alaska which is selected by the surviving head of household of the deceased employee; ``(B) pay or reimburse reasonable expenses, regardless of when those expenses are incurred, for transporting immediate family members and the baggage and household goods of the deceased employee and immediate family members to a community in the State of Alaska which is selected by the surviving head of household of the deceased employee.''. Sec. 148. United States Office for Native Hawaiian Relations. (a) Establishment.--The sum of $100,000 is appropriated, to remain available until expended, for the establishment of the Office of Native Hawaiian Relations within the Office of the Secretary of the Interior. (b) Duties.--The Office shall-- (1) effectuate and implement the special legal relationship between the Native Hawaiian people and the United States; (2) continue the process of reconciliation with the Native Hawaiian people; and (3) fully integrate the principle and practice of meaningful, regular, and appropriate consultation with the Native Hawaiian people by assuring timely notification of and prior consultation with the Native Hawaiian people before any Federal agency [[Page 446]] 118 STAT. 446 takes any actions that may have the potential to significantly affect Native Hawaiian resources, rights, or lands. Sec. 149. Lease of Tribally-owned Land by Assiniboine and Sioux Tribes of the Fort Peck Reservation. The first section of the Act of August 9, 1955 (25 U.S.C. 415), is amended by adding at the end the following: ``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux Tribes of the Fort Peck Reservation.-- ``(1) In general.--Notwithstanding subsection (a) and any regulations under part 162 of title 25, Code of Federal Regulations (or any successor regulation), subject to paragraph (2), the Assiniboine and Sioux Tribes of the Fort Peck Reservation may lease to the Northern Border Pipeline Company tribally-owned land on the Fort Peck Indian Reservation for 1 or more interstate gas pipelines. ``(2) Conditions.--A lease entered into under paragraph (1)-- ``(A) shall commence during fiscal year 2011 for an initial term of 25 years; ``(B) may be renewed for an additional term of 25 years; and ``(C) shall specify in the terms of the lease an annual rental rate-- ``(i) which rate shall be increased by 3 percent per year on a cumulative basis for each 5- year period; and ``(ii) the adjustment of which in accordance with clause (i) shall be considered to satisfy any review requirement under part 162 of title 25, Code of Federal Regulations (or any successor regulation).''. Sec. 150. (a) Short Title. This NOTE: Fern Lake Conservation and Recreation Act. Kentucky. Tennessee. 16 USC 268a. Act may be cited as the ``Fern Lake Conservation and Recreation Act''. (b) Findings and Purposes.-- (1) Findings.--The Congress finds the following: (A) Fern Lake and its surrounding watershed in Bell County, Kentucky, and Claiborne County, Tennessee, is within the potential boundaries of Cumberland Gap National Historical Park as originally authorized by the Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.). (B) The acquisition of Fern Lake and its surrounding watershed and its inclusion in Cumberland Gap National Historical Park would protect the vista from Pinnacle Overlook, which is one of the park's most valuable scenic resources and most popular attractions, and enhance recreational opportunities at the park. (C) Fern Lake is the water supply source for the city of Middlesboro, Kentucky, and environs. (D) The 4,500-acre Fern Lake watershed is privately owned, and the 150-acre lake and part of the watershed are currently for sale, but the Secretary of the Interior is precluded by the first section of the Act of June 11, 1940 (16 U.S.C. 261), from using appropriated funds to acquire the lands. (2) Purposes.--The purposes of the Act are-- (A) to authorize the Secretary of the Interior to use appropriated funds if necessary, in addition to other [[Page 447]] 118 STAT. 447 acquisition methods, to acquire from willing sellers Fern Lake and its surrounding watershed, in order to protect scenic and natural resources and enhance recreational opportunities at Cumberland Gap National Historical Park; and (B) to allow the continued supply of water from Fern Lake to the city of Middlesboro, Kentucky, and environs. (c) Land Acquisition and Conveyance Authority, Fern Lake, Cumberland Gap National Historical Park.-- (1) Definitions.--In this section: (A) Fern lake.--The term ``Fern Lake'' means Fern Lake located in Bell County, Kentucky, and Claiborne County, Tennessee. (B) Land.--The term ``land'' means land, water, interests in land, and any improvements on the land. (C) Park.--The term ``park'' means Cumberland Gap National Historical Park, as authorized and established by the Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.). (D) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (2) Acquisition authorized.--The Secretary may acquire for addition to the park lands consisting of approximately 4,500 acres and containing Fern Lake and its surrounding watershed, as generally depicted on the map entitled ``Cumberland Gap National Historical Park, Fern Lake Watershed'', numbered 380/80,004, and dated May 2001. The map shall be on file in the appropriate offices of the National Park Service. (3) Boundary adjustment and administration.--Subject to paragraph (4), the Secretary shall revise the boundaries of the park to include the land acquired under paragraph (2). The Secretary shall administer the acquired lands as part of the park in accordance with the laws and regulations applicable to the park. (4) Conveyance of fern lake.-- (A) Conveyance required.--If the Secretary acquires Fern Lake, the Secretary shall convey, notwithstanding any other law and without consideration, to the city of Middlesboro, Kentucky, all right, title, and interest of the United States in and to Fern Lake, up to the normal operating elevation of 1,200.4 feet above sea level, along with the dam and all appurtenances associated with the withdrawal and delivery of water from Fern Lake. (B) Terms of conveyance.--In executing the conveyance under subparagraph (4)(A), the Secretary may retain an easement for scenic and recreational purposes. (C) Reversionary interest.--In the event Fern Lake is no longer used as a source of municipal water supply for the city of Middlesboro, Kentucky, and its environs, ownership of Fern Lake shall revert to the United States and it shall be managed by the Secretary as part of the park. (5) Consultation requirements.--In order to better manage lands acquired under this section in a manner that will facilitate the provision of water for municipal needs, as well [[Page 448]] 118 STAT. 448 as the establishment and promotion of new recreational opportunities at the park, the Secretary shall consult with-- (A) appropriate officials in the States of Kentucky, Tennessee, and Virginia, and political subdivisions of these States; (B) organizations involved in promoting tourism in these States; and (C) other interested parties. Sec. 151. (a) NOTE: Congress. 2 USC 121g. The Attending Physician to Congress shall have the authority and responsibility for overseeing and coordinating the use of medical assets in response to a bioterrorism event and other medical contingencies or public health emergencies occurring within the Capitol Buildings or the United States Capitol Grounds. This shall include the authority to enact quarantine and to declare death. These actions will be carried out in close cooperation and communication with the Commissioner of Public Health, Chief Medical Examiner, and other Public Health Officials of the District of Columbia government. (b) In this section-- (1) the term ``Capitol Buildings'' has the meaning given such term in section 5101 of title 40, United States Code; and (2) the term ``United States Capitol Grounds'' has the meaning given such term in section 5102(a) of title 40, United States Code. (c) NOTE: Effective date. Applicability. Subsection (a) shall take effect on the date of the enactment of this Act and shall apply during any fiscal year occurring on or after such date. Sec. 152. (a) NOTE: 2 USC 1820 note. Notwithstanding section 907(a) of Public Law 107-206 (116 Stat. 977) or section 1102 of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1822(b)), the Architect of the Capitol, at any time after the date of the enactment of this Act and subject to the availability of appropriations, may enter into an agreement to acquire by lease any portion of the real property located at 499 South Capitol Street Southwest in the District of Columbia for the use of the United States Capitol Police. (b) Any real property acquired by the Architect of the Capitol pursuant to subsection (a) shall be subject to the provisions of the Act entitled ``An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes'', approved July 31, 1946. Sec. NOTE: 22 USC 276n. 153. The United States Senate-China Interparliamentary Group. (a) Establishment and Meetings.--Not to exceed 12 Senators shall be appointed to meet annually with representatives of the National People's Congress of the People's Republic of China for discussion of common problems in the interest of relations between the United States and China. The Senators so appointed shall be referred to as the ``United States group'' of the United States Senate-China Interparliamentary Group. (b) Appointment of Members.--The President pro tempore of the Senate shall appoint Senators under this section upon the recommendations of the majority and minority leaders of the Senate. The President pro tempore of the Senate shall designate 1 Senator as the Chair of the United States group. (c) Funding.--There is authorized to be appropriated $100,000 for each fiscal year to assist in meeting the expenses of the United States group for each fiscal year for which an appropriation is [[Page 449]] 118 STAT. 449 made. Appropriations shall be disbursed on vouchers to be approved by the Chair of the United States group. (d) Certification of Expenditures.--The certificate of the Chair of the United States group shall be final and conclusive upon the accounting officers in the auditing of the accounts of the United States group. (e) Fiscal Year 2004 Funding.--There is authorized within the contingent fund of the Senate under the appropriation account ``miscellaneous items'' $75,000 for fiscal year 2004 to assist in meeting the official expenses of the United States Senate-China Interparliamentary Group including conference room expenses, hospitality expenses, and food and food-related expenses. Expenses shall be paid on vouchers to be approved by the Chair of the United States group. The Secretary of the Senate is authorized to advance such sums as necessary to carry out this subsection. (f) Appropriations.--There are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, $100,000 for the United States Senate-China Interparliamentary Group. (g) Effective NOTE: Applicability. Date.-- (1) In general.--Subsections (a) though (d) shall apply to fiscal year 2004, and each fiscal year thereafter. (2) Fiscal year 2004.--Subsections (e) and (f) shall apply to fiscal year 2004. Sec. NOTE: 22 USC 276o. 154. The United States Senate-Russia Interparliamentary Group. (a) Establishment and Meetings.--Not to exceed 12 Senators shall be appointed to meet annually with representatives of the Federation Council of Russia for discussion of common problems in the interest of relations between the United States and Russia. The Senators so appointed shall be referred to as the ``United States group'' of the United States Senate-Russia Interparliamentary Group. (b) Appointment of Members.--The majority and minority leaders of the Senate shall appoint the Senators of the United States group. The majority leader of the Senate shall designate 1 Senator as the Chair of the United States group. (c) Funding.--There is authorized to be appropriated $100,000 for each fiscal year to assist in meeting the expenses of the United States group for each fiscal year for which an appropriation is made. Appropriations shall be disbursed on vouchers to be approved by the Chair of the United States group. (d) Certification of Expenditures.--The certificate of the Chair of the United States group shall be final and conclusive upon the accounting officers in the auditing of the accounts of the United States group. (e) Fiscal Year 2004 Funding.--There is authorized within the contingent fund of the Senate under the appropriation account ``miscellaneous items'' $75,000 for fiscal year 2004 to assist in meeting the official expenses of the United States Senate-Russia Interparliamentary Group including conference room expenses, hospitality expenses, and food and food-related expenses. Expenses shall be paid on vouchers to be approved by the Chair of the United States group. The Secretary of the Senate is authorized to advance such sums as necessary to carry out this subsection. (f) Appropriations.--There are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year [[Page 450]] 118 STAT. 450 ending September 30, 2004, $100,000 for the United States Senate-Russia Interparliamentary Group. (g) NOTE: Applicability. Effective Date.-- (1) In general.--Subsections (a) though (d) shall apply to fiscal year 2004, and each fiscal year thereafter. (2) Fiscal year 2004.--Subsections (e) and (f) shall apply to fiscal year 2004. Sec. NOTE: 2 USC 61d-4. 155. Payment of Expenses of the Chaplain of the Senate From the Contingent Fund of the Senate. (a) In General.-- For each fiscal year there is authorized to be expended from the contingent fund of the Senate an amount, not in excess of $50,000 for the Chaplain of the Senate. Payments under this section shall be made only for expenses actually incurred by the Chaplain of the Senate in carrying out his functions, and shall be made upon certification and documentation of the expenses involved, by the Chaplain claiming payment under this section and upon vouchers approved by the Chaplain and by the Committee on Rules and Administration. Funds authorized for expenditure under this section may be used to purchase food or food related items. (b) Repeal of Revolving Fund.-- (1) Repeal.--Section 2 of the Legislative Branch Appropriations Act, 1996 (2 U.S.C. 61d-3) is repealed. (2) Remaining funds.--Any funds in the Chaplain Expense Revolving Fund on the date of the repeal under this section shall be remitted to the general fund of the United States Treasury. (c) Effective Date.--This NOTE: Applicability. section shall apply with respect to fiscal year 2004, and each fiscal year thereafter. Sec. 156. (a) NOTE: 2 USC 95e. There is established in the House of Representatives a fund to be known as the ``House of Representatives Revolving Fund'', consisting of the following amounts: (1) Amounts appropriated to the Fund. (2) Amounts donated to the Fund. (3) Interest on the balance of the Fund. (b) Amounts in the Fund shall be expended at the direction of the Chief Administrative Officer of the House of Representatives, upon notification provided by the Chief Administrative Officer to the Committee on Appropriations of the House of Representatives, and shall remain available until expended. (c) NOTE: Applicability. This section shall apply with respect to fiscal year 2004 and each succeeding fiscal year. Sec. 157. Recomputation of Benefits Guaranteed in Connection With the Termination of the Republic Steel Retirement Plan. (a) In General.-- The Pension Benefit Guaranty Corporation shall recompute the liability for monthly benefits guaranteed under section 4022 of the Employee Retirement Income Security Act of 1974 which are payable (without regard to this section) with respect to each participant and beneficiary under the Republic Steel Retirement Plan in connection with its termination on September 30, 1986. (b) Adjustment of Guaranteed Benefit Amounts.--In recomputing the liability for monthly guaranteed benefits pursuant to subsection (a) with respect to each participant or beneficiary, the Corporation shall increase the amount of such liability (as determined without regard to this section) by-- [[Page 451]] 118 STAT. 451 (1) the amount of the liability for nonguaranteed benefits under the LTV Steel Supplemental Pension Plan, as in effect with respect to such participant or beneficiary on January 1, 2001, and (2) the amount of the liability for nonguaranteed benefits payable through the trust established in connection with the Republic Steel Plan under section 4049 of the Employee Retirement Income Security Act of 1974, as in effect with respect to such participant or beneficiary on January 1, 2001. (c) Certain Benefits Disregarded.--In making the recalculation under this section, the Corporation shall disregard-- (1) the amount of any benefits which were not paid during the period beginning with January 1, 2001, and ending with December 31, 2003, under the LTV Steel Supplemental Pension Plan or through the section 4049 trust referred to in subsection (b)(2), (2) any liability for benefits under the LTV Steel Supplemental Pension Plan or through the section 4049 trust referred to in subsection (b)(2) that were included in the LTV Steel Salaried Defined Benefit Retirement Plan, as in effect on January 1, 1999, (3) any liability for additional benefits that were included in the LTV Steel Supplemental Pension Plan to compensate for any liability of participants and beneficiaries under chapter 21 of the Internal Revenue Code of 1986 in connection with benefits payable under such Plan, and (4) any liability under the LTV Steel Supplemental Pension Plan for temporary supplements. (d) Timing and Application of Determinations.--Determinations of the increase in liability pursuant to subsection (b) shall be made as of December 31, 2003, using the mortality and interest assumptions otherwise applicable to plan terminations under title IV of the Employee Retirement Income Security Act of 1974 on such date. NOTE: Applicability. The recomputation under this section shall apply only with respect to benefits payable after such date. Sec. 158. In addition to amounts appropriated or otherwise made available in other Acts, $9,692,000 is hereby appropriated to the Department of Defense Family Housing Improvement Fund, to remain available until expended, for family housing initiatives undertaken pursuant to the provisions of subchapter IV of chapter 169, title 10, United States Code: Provided, That such funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of such subchapter: Provided further, That of the funds available in the ``Foreign Currency Fluctuations, Construction, Defense'' account, $9,692,000 are rescinded. Sec. 159. For an additional amount to carry out section 257 of the Help America Vote Act of 2002, $1,000,000,000, to remain available until expended: Provided, That no more than \1/10\ of 1 percent of funds available for requirements payments under section 257 of the Help America Vote Act of 2002 shall be allocated to any territory. Sec. 160. (a) Designation.--The NOTE: Federal buildings and facilities. United States courthouse located at 333 Lomas Blvd. N.W. in Albuquerque, New Mexico, shall be known and designated as the ``Pete V. Domenici United States Courthouse''. [[Page 452]] 118 STAT. 452 (b) References.--Any reference in law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in subsection (a) shall be deemed to be a reference to the ``Pete V. Domenici United States Courthouse''. Sec. 161. NOTE: 25 USC 450 note. The Director of the Office of Management and Budget shall hereafter consult with Alaska Native corporations on the same basis as Indian tribes under Executive Order No. 13175. Sec. 162. Notwithstanding any other provision of law, in addition to amounts provided in this or any other Act for fiscal year 2004, $50,000,000, to be derived from the Highway Trust Fund and to remain available until expended, of which $44,000,000 shall be for reconstruction of the Treasure Island Bridge in Treasure Island, Florida and of which $6,000,000 shall be for necessary road improvements and design of a plaza at the John F. Kennedy Center for the Performing Arts in Washington, D.C. Sec. 163. Section 802(b)(1) of the Japanese Imperial Government Disclosure Act of NOTE: 5 USC 552 note. 2000 (Public Law 106-567; 114 Stat. 2865) is amended by striking ``3 years'' and inserting ``4 years''. Sec. 164. NOTE: Alaska. Grants. The funds made available for Alaska Natives under the heading ``Native American Housing Block Grants'' in title II of division G of this Act shall be allocated to the same Native Alaskan Indian housing block grant recipients that received the funds in fiscal year 2003. Sec. 165. In addition to the amounts otherwise provided in this or any other Act for fiscal year 2004, for ``Department of Housing and Urban Development, Community Development Fund'', $10,000,000 to remain available until expended for a grant to the Anchorage Museum in Anchorage, Alaska for facilities construction. Sec. 166. The Secretary of a military department may use the authority provided in section 2667(a) of title 10, United States Code, to lease military family housing in the National Capital Region (as defined in section 2674 of such title) to key and essential personnel for continuity of government purposes. Sec. 167. Notwithstanding any other provision of law, in addition to amounts otherwise provided in this or any other Act for fiscal year 2004, $55,000,000 is appropriated, to be available until expended, to be distributed as follows: for Department of Energy, Energy Programs, ``Energy Supply'', $12,400,000 for expenses related to the purchase, construction, operation of facilities, and acquisition of plant and capital equipment for facilities that produce fuels from agricultural and animal wastes, to the Society for Energy and Environmental Research, a not-for-profit energy research and development institution, to administer the program; for Department of Transportation, Federal Aviation Administration, ``Grants-in-aid for airports'', $2,000,000 for the extension of a runway at Fort Worth Alliance Airport, Fort Worth, Texas; for Department of Transportation, Federal Highway Administration, $1,000,000, for Rock County Road, Janesville, Wisconsin; for Department of Transportation, Federal Highway Administration, $2,500,000, for improvements to I-75 in Lee County, Florida; for Department of Veterans Affairs, Departmental Administration, ``Construction; major projects'', $500,000 for the preliminary planning of a new ambulatory clinic at the Defense Supply Center, Columbus in Columbus, Ohio; for ``Small Business Administration, Salaries and Expenses'', $500,000, to be available for a grant to the University of Wisconsin-Green Bay to establish a paper science technology [[Page 453]] 118 STAT. 453 transfer center; for ``Funds Appropriated to the President, Bilateral Economic Assistance, Independent States of the Former Soviet Union'', $1,000,000, for the National Program of Action for the Protection of the Arctic Marine Environment; for ``Army Corps of Engineers, Construction, General'', $1,000,000 for the Stockton Metropolitan Flood Control Reimbursement, California, project; for ``Army Corps of Engineers, Construction, General'', $1,000,000 for the San Timoteo Creek element of the Santa Ana River Mainstem, California, project; for ``Army Corps of Engineers, Construction, General'', $2,000,000; for the Florida Keys Water Quality Improvements, Florida, project; for ``Army Corps of Engineers, Construction, General'', $1,500,000, for the Southern West Virginia Environmental Infrastructure, West Virginia, project; for ``Department of Energy, Science'', $2,000,000 for the Western Michigan University Nanotechnology Research and Computation Center; for Department of Energy, Energy Programs, ``Energy Supply'', $2,500,000 for the Enterprise Center in Chattanooga, Tennessee, for the Chattanooga Fuel Cell Demonstration Project; for ``Environmental Protection Agency, State and tribal assistance grants'', for grants to address drinking water and waste water infrastructure, $2,000,000 for the Wyoming Valley Sanitation Authority, Pennsylvania, for combined sewer overflow infrastructure improvements; for ``Environmental Protection Agency, State and tribal assistance grants'', for grants to address drinking water and waste water infrastructure, $1,000,000 to the Saratoga Water Committee in Saratoga County, New York, for construction of a drinking water transport pipeline; for ``Centers for Disease Control and Prevention, Disease Control, Research, and Training'', $1,000,000, for a grant to the Center for Emerging Biological Threats at Emory University, Atlanta, Georgia; for ``Department of Education, Higher Education'', $500,000, for a grant to Santa Clara University in Santa Clara, California, for technology infrastructure upgrades, campus-wide network infrastructure enhancements and equipment; for ``Department of Housing and Urban Development, Community Development Fund'', $600,000, for a grant to Shelter from the Storm, Incorporated in Palm Desert, California, for facilities renovations and improvements; for Department of Labor, Employment and Training Administration, $500,000, for the Labor Institute for Training, Inc., Indianapolis, Indiana; Department of Labor, Employment and Training Administration, $250,000, for the Institute for Labor Studies and Research, Cranston, Rhode Island, for Learning on the Roll; for Department of Health and Human Services, Health Resources and Services Administration, $200,000, for St. Luke's Episcopal Hospital, Houston, Texas, facilities and equipment; for Department of Health and Human Services, Centers for Disease Control and Prevention, $200,000, for the University of Texas M.D. Anderson Cancer Center, Houston, Texas, for a comprehensive cancer control program to address the needs of minority and medically underserved populations; for Department of Health and Human Services, Health Resources and Services Administration, $300,000, for the Long Island Cancer Center, State University of New York at Stony Brook, for facilities and equipment; for Department of Health and Human Services, Health Resources and Services Administration, $500,000 for the Iowa Health Foundation in Des Moines, Iowa, for a demonstration project to improve dental care in underserved rural areas; for Department of Health and Human Services, Health Resources and Services Administration, [[Page 454]] 118 STAT. 454 $500,000, for the Cumberland Medical Center in Crossville, Tennessee, for facilities and equipment; for Department of Health and Human Services, Centers for Disease Control and Prevention, $250,000 for the New Haven Public Schools in New Haven, Connecticut, for the PE4LIFE program to promote and improve physical education, in cooperation with Yale University; for Department of Health and Human Services, Health Resources and Services Administration, $250,000, for Quinnipiac University in Hamden, Connecticut, for health-related academic facilities and equipment; for Department of Health and Human Services, Health Resources and Services Administration, $365,000, for the University of Michigan Health Systems in Ann Arbor, Michigan, for facilities and equipment; for Department of Health and Human Services, Administration on Aging, $500,000, for the Jewish Family & Children's Center of Greater Boston for Naturally Occurring Retirement Communities project; for Department of Health and Human Services, Centers for Disease Control and Prevention, $100,000, for the Marion County Health Department in Salem, Oregon, for a project to improve collection, analysis and dissemination of data on infectious diseases; for Department of Health and Human Services, Health Resources and Services Administration, $400,000, for the Tillamook Lightwave in Tillamook, Oregon, for a fiber optic link between Tillamook County Hospital and the Oregon Health Sciences University; for Department of Health and Human Services, Centers for Disease Control and Prevention, $300,000, for the Access Community Health Network in Chicago, Illinois, for programs related to prevention and control of chronic diseases; for Department of Health and Human Services, Health Resources and Services Administration, $200,000, for the Northwestern Memorial Hospital in Chicago, Illinois, for facilities and equipment; for Department of Health and Human Services, Health Resources and Services Administration, $200,000, for the Illinois Primary Health Care Association, for implementation of the Shared Integrated Management Information System; for Department of Health and Human Services, Health Resources and Services Administration, $250,000, for Family Resources Community Action in Woonsocket, Rhode Island, for outreach and supportive services for persons with HIV/AIDS; for Department of Health and Human Services, Health Resources and Services Administration, $250,000, for St. Joseph Hospital/PeaceHealth in Bellingham, Washington, on behalf of the Whatcom Community Health Improvement Consortium, to implement a model for improving care for patients with chronic diseases and increasing access and efficiency of services; for Department of Health and Human Services, Health Resources and Services Administration, $150,000, for the Children's Rehabilitation Center in White Plains, New York, for facilities and equipment; for Department of Health and Human Services, Health Resources and Services Administration, $60,000, for the Telfair Regional Hospital in McRae, Georgia, for facilities and equipment; for Department of Health and Human Services, Health Resources and Services Administration, $65,000, for the Candler County Hospital in Metter, Georgia, for facilities and equipment; for Department of Health and Human Services, Administration for Children and Families, $500,000 for The Boys & Girls Club of Greater Kansas City, Kansas City, Missouri, for the Heathwood Youth and Families Community Center; for Department of Health and Human Services, Health Resources and Services Administration, $200,000, for the Boston Medical [[Page 455]] 118 STAT. 455 Center in Boston, Massachusetts, for facilities and equipment; for Department of Health and Human Services, Health Resources and Services Administration, $500,000, for the University of North Dakota School of Medicine and Health Sciences, for its rural health program in preventive medicine and behavioral sciences; for Department of Health and Human Services, Health Resources and Services Administration, $900,000, for the California Hospital Medical Center in Los Angeles, California, for facilities and equipment; for Department of Health and Human Services, Health Resources and Services Administration, $500,000, for the City of Abilene, Texas, Abilene-Taylor County Public Health District, for facilities and equipment; for Department of Health and Human Services, Health Resources and Services Administration, $400,000, for the Houston County Hospital, Crockett, Texas, for facilities and equipment; for Department of Education, $200,000, for the University of Hawaii, West Oahu campus, Hawaii, to produce the ``Primal Quest'' film documentary; for Department of Education, $500,000, for the Union Parish School District, Farmerville, Louisiana, to implement an online assessment and interactive instructional program; for Department of Education, $200,000, for the Middle Country School District, New York, to establish a math, science and technology lab at Oxhead Road Elementary School in Centereach, New York; for Department of Education, $500,000, for the Florida Campus Compact, Tallahassee, Florida, to enhance service- learning on college campuses throughout Florida; for Department of Education, $340,000, for Southern Connecticut State University, New Haven, Connecticut, to expand nursing education recruitment, diversity and training programs, in collaboration with Gateway Community College; for Department of Education, $60,000, for Gateway Community College, New Haven, Connecticut, to enhance educational media and technology; for Department of Education, $100,000, for Project Georgetown, Georgetown, Texas, for an after-school program; for Department of Education, $200,000, for Communities in Schools-Bell-Coryell Counties, Inc., Killeen, Texas, for educational services for at-risk youth; for Department of Education, $200,000, for Communities in Schools-Central Texas, Inc., Austin, Texas, for educational services for at-risk youth; for Department of Education, $325,000; for Harrisburg Polytechnic Institute, Harrisburg, Pennsylvania, for a K-16 curriculum, equipment, internships and enrichment activities for high school students; for Department of Education, $175,000, for Lehigh Carbon Community College, Tamaqua, Pennsylvania, for equipment and technology upgrades, and for curricula; for Department of Education, $200,000, for Chicago State University, Chicago Illinois, to establish a school of pharmacy, including equipment; for Department of Education, $500,000, for Marywood University, Scranton, Pennsylvania, to establish a Center for Assistive Technology; for Department of Education, $400,000, for the Boys & Girls Club of Pawtucket, Rhode Island, for academic and literacy, character education, career preparation, and enrichment activities for youth; for Department of Education, $250,000, for Whatcom Community College, Bellingham, Washington, to establish a center for training in border security; for Department of Education, $400,000, for Westchester Community College, New York, for personnel, equipment and other programmatic expenses for The New Center; for Department of Education, $50,000, for the Marymount Institute for the Education of Women and Girls of Marymount College of Fordham [[Page 456]] 118 STAT. 456 University, Tarrytown, New York, for a mentoring project to enhance the academic and social development of Latina girls at Sleepy Hollow Middle School; for Department of Education, $500,000, for Northern Kentucky University, Highland Heights, Kentucky, for the Urban Learning Center to expand access to postsecondary education; for Department of Education, $500,000, for Iron County School District, Cedar City, Utah, for a student achievement management information system; for Department of Education, $200,000, for Western Maine Technical College, South Paris, Maine, for education programs and marketing activities; for Department of Education, $275,000, for the YMCA of the Triangle Area, Raleigh, North Carolina, for youth mentoring, character education and leadership activities; for Department of Education, $325,000, for Communities in Schools of Northeast Texas, Inc., Pflugerville, Texas, for educational services for at-risk students; for the Institute of Museum and Library Services, $300,000, for The Hudson River Museum, Yonkers, New York, for the ``Hudson River Access'' science education project; for the Institute of Museum and Library Services, $375,000, for the Tubman African American Museum, Macon, Georgia, for exhibits, education programs and outreach activities; for the Institute of Museum and Library Services, $300,000, for the Maine Discovery Museum, Bangor, Maine, for exhibits and education programs; for the Institute of Museum and Library Services, $225,000, for the North Carolina State Museum of Natural Sciences, Raleigh, North Carolina, to develop exhibits and education programs; for the Department of Housing and Urban Development, ``Community Development Fund'', Economic Development Initiative program, for carrying out targeted economic investments, $3,010,000, to be allocated in the amounts and under the terms and conditions specified on pages 33 through 60 of House Report No. 108-235 for projects numbered 35, 52, 60, 61, 174, 175, 177, 181, 195, 223, 250, 265, 297, 333, 408, 409, 410, 421, 438, 439, 441, 496, 509, 574, and 583; and for the Environmental Protection Agency, ``State and Tribal Assistance Grants'' to local communities for repair, replacement or upgrading of their drinking water, wastewater or storm water infrastructure or for water quality protection activities, $600,000, to be allocated under the terms and conditions specified on pages 111 through 127 of House Report No. 108-235 for projects numbered 121 and 226. Sec. 168. (a) Rescissions.--From unobligated balances of amounts made available in Public Law 107-38, and in Public Law 107-117, and in appropriations Acts for the Department of Defense, $1,800,000,000 is hereby rescinded: Provided, That the Director of the Office of Management and Budget, after consultation with the Committees on Appropriations of the House and Senate and the Secretary of Defense, shall determine the amounts to be rescinded from each account that is to be so NOTE: Effective date. reduced: Provided further, That the rescissions shall take effect no later than September 30, 2004: Provided further, NOTE: Notification. That the Director of the Office of Management and Budget shall notify the Committees on Appropriations of the House and Senate 30 days prior to rescinding such amounts: Provided further, That such notification shall include the accounts, programs, projects and activities from which the funds will be rescinded: Provided further, That this section shall not apply to any amounts appropriated or otherwise made available [[Page 457]] 118 STAT. 457 by the seventh proviso under the heading ``Emergency Response Fund'' in Public Law 107-38. (b) Across-the-Board Rescissions.--There is hereby rescinded an amount equal to 0.59 percent of-- (1) the budget authority provided (or obligation limitation imposed) for fiscal year 2004 for any discretionary account in divisions A through H of this Act and in any other fiscal year 2004 appropriation Act (except any fiscal year 2004 supplemental appropriation Act, the Department of Defense Appropriations Act, 2004, or the Military Construction Appropriations Act, 2004); (2) the budget authority provided in any advance appropriation for fiscal year 2004 for any discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in fiscal year 2004 for any program subject to limitation contained in any division or appropriation Act subject to paragraph (1). (c) Proportionate Application.--Any rescission made by subsection (b) shall be applied proportionately-- (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) OMB Report.--Within NOTE: Deadline. 30 days after the date of the enactment of this section the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (b). This division may be cited as the ``Miscellaneous Appropriations and Offsets Act, 2004''. Approved January 23, 2004. LEGISLATIVE HISTORY--H.R. 2673 (S. 1427): --------------------------------------------------------------------------- HOUSE REPORTS: Nos. 108-193 (Comm. on Appropriations) and 108-401 (Comm. of Conference). SENATE REPORTS: No. 108-107 accompanying S. 1427 (Comm. on Appropriations). CONGRESSIONAL RECORD: Vol. 149 (2003): July 14, considered and passed House. Nov. 5, 6, considered and passed Senate, amended. Dec. 8, House agreed to conference report. Vol. 150 (2004): Jan. 22, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004): Jan. 23, Presidential statement.