authority citation P.L. 108-199

PUBLIC LAW 108–199—JAN. 23, 2004

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.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

Jan. 23, 2003
[H.R. 2673]

Consolidated
Appropriations
Act, 2004.

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
Title
Title
Title
Title

DIVISION C—DISTRICT OF COLUMBIA APPROPRIATIONS, 2004
I—Federal Funds
II—District of Columbia Funds
III—DC School Choice Incentive Act of 2003
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

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118 STAT. 4

PUBLIC LAW 108–199—JAN. 23, 2004
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
Title
Title
Title
Title

I—Department of Labor
II—Department of Health and Human Services
III—Department of Education
IV—Related Agencies
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
Title
Title
Title
Title

I—Department of Veterans Affairs
II—Department of Housing and Urban Development
III—Independent Agencies
IV—General Provisions
V—Pesticide Products and Fees
DIVISION H—MISCELLANEOUS APPROPRIATIONS AND OFFSETS

1 USC 1 note.

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 2004.

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

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

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

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PUBLIC LAW 108–199—JAN. 23, 2004

118 STAT. 5

TITLE I
AGRICULTURAL PROGRAMS
PRODUCTION, PROCESSING,
OFFICE

OF THE

AND

MARKETING

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.

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118 STAT. 6

PUBLIC LAW 108–199—JAN. 23, 2004
OFFICE

Reports.

OF THE

CHIEF FINANCIAL OFFICER

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

OF THE

ASSISTANT SECRETARY

FOR

CIVIL RIGHTS

For necessary salaries and expenses of the Office of the Assistant Secretary for Civil Rights, $808,000.
OFFICE
For necessary
$17,450,000.
OFFICE

OF THE

OF

expenses

CIVIL RIGHTS
of

the

Office

ASSISTANT SECRETARY

FOR

of

Civil

Rights,

ADMINISTRATION

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

AND

(INCLUDING

FACILITIES

AND

RENTAL PAYMENTS

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.),

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PUBLIC LAW 108–199—JAN. 23, 2004

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
RELATIONS

(INCLUDING

FOR

CONGRESSIONAL

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,

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118 STAT. 8

PUBLIC LAW 108–199—JAN. 23, 2004
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
ECONOMICS

AND

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

7 USC 2254.

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

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PUBLIC LAW 108–199—JAN. 23, 2004
for 10 buildings to be constructed or improved at a cost not to
exceed $750,000 each, and the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained in
this Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the
Beltsville Agricultural Research Center: Provided further, That the
foregoing limitations shall not apply to replacement of buildings
needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
Provided further, That funds may be received from any State,
other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by law:
Provided further, That all rights and title of the United States
in the 1.0664-acre parcel of land including improvements, as
recorded at Book 1320, Page 253, records of Larimer County, State
of Colorado, shall be conveyed to the Board of Governors of the
Colorado State University for the benefit of Colorado State University.
None of the funds appropriated under this heading shall be
available to carry out research related to the production, processing
or marketing of tobacco or tobacco products.

118 STAT. 9

Maryland.

Colorado State
University.

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,
SERVICE

AND

EXTENSION

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

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118 STAT. 10

PUBLIC LAW 108–199—JAN. 23, 2004
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

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PUBLIC LAW 108–199—JAN. 23, 2004

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
REGULATORY PROGRAMS

AND

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.

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118 STAT. 12

PUBLIC LAW 108–199—JAN. 23, 2004
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.

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PUBLIC LAW 108–199—JAN. 23, 2004

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, 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).

Certificates.

LIMITATION ON ADMINISTRATIVE EXPENSES

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

Notification.

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

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118 STAT. 14

PUBLIC LAW 108–199—JAN. 23, 2004
(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

Notification.

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

OF THE

UNDER SECRETARY

FOR

FOOD SAFETY

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

AND INSPECTION

SERVICE

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

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PUBLIC LAW 108–199—JAN. 23, 2004
OFFICE

OF THE

UNDER SECRETARY FOR FARM
AGRICULTURAL SERVICES

AND

118 STAT. 15

FOREIGN

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.

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118 STAT. 16

Notification.
Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans,
$33,648,000, of which $5,130,000 shall be for guaranteed loans,
and $28,518,000 shall be for direct loans; operating loans,
$163,004,000, of which $39,960,000 shall be for unsubsidized
guaranteed loans, $34,000,000 shall be for subsidized guaranteed
loans, and $89,044,000 shall be for direct loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $290,968,000, of
which $283,020,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct
loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both
Houses of Congress are notified at least 15 days in advance of
any transfer.
RISK MANAGEMENT AGENCY
For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6933), $71,422,000: Provided, That not to exceed
$1,000 shall be available for official reception and representation
expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES

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

(LIMITATION

ON EXPENSES)

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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
ENVIRONMENT

AND

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

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118 STAT. 18

PUBLIC LAW 108–199—JAN. 23, 2004
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 BankheadJones 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

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PUBLIC LAW 108–199—JAN. 23, 2004
XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451–
3461), $51,947,000, to remain available until expended: Provided,
That none of the funds made available under this paragraph by
this or any other appropriations Act may be used to provide technical assistance with respect to programs listed in section 1241(a)
of the Food Security Act of 1985 (16 U.S.C. 3841(a)): Provided
further, That the Secretary shall enter into a cooperative or contribution agreement with a national association regarding a
Resource Conservation and Development program and such agreement shall contain the same matching, contribution requirements,
and funding level, set forth in a similar cooperative or contribution
agreement with a national association in fiscal year 2002: Provided
further, That not to exceed $3,504,300, the same amount as in
the budget, shall be available for national headquarters activities.

118 STAT. 19

Contracts.

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:

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118 STAT. 20

PUBLIC LAW 108–199—JAN. 23, 2004
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

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PUBLIC LAW 108–199—JAN. 23, 2004

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
(INCLUDING

AND

EXPENSES

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,

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118 STAT. 22

PUBLIC LAW 108–199—JAN. 23, 2004
$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; multifamily 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

Contracts.

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

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$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.

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PUBLIC LAW 108–199—JAN. 23, 2004
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

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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.

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118 STAT. 26

PUBLIC LAW 108–199—JAN. 23, 2004
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR FOOD, NUTRITION
CONSUMER SERVICES

AND

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

Study.

TRANSFER OF FUNDS)

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

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

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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, 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.

Bison meat.

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.

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118 STAT. 28

PUBLIC LAW 108–199—JAN. 23, 2004
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

(INCLUDING

TITLE I PROGRAM ACCOUNT
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

Notification.

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TRANSFER OF FUNDS)

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

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PUBLIC LAW 108–199—JAN. 23, 2004
PUBLIC LAW

480

118 STAT. 29

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

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PUBLIC LAW 108–199—JAN. 23, 2004
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.

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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. 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.

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7 USC 2209b.

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118 STAT. 32

PUBLIC LAW 108–199—JAN. 23, 2004
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

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

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Notifications.
Deadlines.

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HIV/AIDS.

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

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be made available to foreign countries to assist in mitigating the
effects of the Human Immunodeficiency Virus and Acquired
Immune Deficiency Syndrome on communities, including the provision of—
(1) agricultural commodities to—
(A) individuals with Human Immunodeficiency Virus
or Acquired Immune Deficiency Syndrome in the communities; and
(B) households in the communities, particularly
individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and microenterprise programs) to create or restore sustainable livelihoods
among individuals in the communities, particularly individuals
caring for orphaned children.
SEC. 726. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ‘‘$26,499,000’’ and inserting ‘‘$26,998,000’’.
SEC. 727. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial and
technical assistance through the Watershed and Flood Prevention
Operations program for the Kuhn Bayou and Ditch 26 Improvement
projects in Arkansas, the Matanuska River erosion control project
in Alaska, the DuPage County Sawmill Creek Watershed project
in Illinois, and the Coal Creek project in Utah, and four flood
control structures in Marmaton, Kansas.
SEC. 728. Notwithstanding any other provision of law, the
Secretary shall consider the County of Lawrence, Ohio; the City
of Havelock, North Carolina; the City of Portsmouth, Ohio; the
City of Binghamton, New York; the Town of Vestal, New York;
the City of Ithaca, New York; the City of Casa Grande, Arizona;
the City of Clarksdale, Mississippi; the City of Coachella, California;
the City of Salinas, California; the City of Watsonville, California;
the City of Hollister, California; the Municipality of Carolina, Puerto
Rico; and the City of Kinston, North Carolina, as meeting the
eligibility requirements for loans and grants programs in the Rural
Development mission area.
SEC. 729. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance to the DuPage County, Illinois, Kress Creek
Watershed Plan, from funds available for the Watershed and Flood
Prevention Operations program, not to exceed $1,600,000 and
Rockhouse Creek Watershed, Leslie County, Kentucky, not to exceed
$1,000,000.
SEC. 730. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this or any other appropriation
Act.
SEC. 731. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or relocate,
or to plan to close or relocate, the Food and Drug Administration
Division of Pharmaceutical Analysis in St. Louis, Missouri, outside
the city or county limits of St. Louis, Missouri.
SEC. 732. Agencies and offices of the Department of Agriculture
may utilize any unobligated salaries and expenses funds to
reimburse the Office of the General Counsel for salaries and

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State listing.

Illinois.
Kentucky.

Missouri.

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West Virginia.

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expenses of personnel, and for other related expenses, incurred
in representing such agencies and offices in the resolution of complaints by employees or applicants for employment, and in cases
and other matters pending before the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, or the
Merit Systems Protection Board with the prior approval of the
Committees on Appropriations of both Houses of Congress.
SEC. 733. Notwithstanding any other provision of law, of the
funds made available in this Act for competitive research grants
(7 U.S.C. 450i(b)), the Secretary may use up to 20 percent of
the amount provided to carry out a competitive grants program
under the same terms and conditions as those provided in section
401 of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7621), including requests for proposals for
grants for critical emerging issues described in section 401(c)(1)
of that Act for which the Secretary has not issued requests for
proposals for grants in fiscal year 2002 or 2003.
SEC. 734. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 14(h)(1) of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)).
SEC. 735. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial and
technical assistance through the Watershed and Flood Prevention
Operations program to carry out the Upper Tygart Valley Watershed project, West Virginia: Provided, That the Natural Resources
Conservation Service is authorized to provide 100 percent of the
engineering assistance and 75 percent cost share for installation
of the water supply component of this project.
SEC. 736. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out subtitle I of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009dd through dd–
7).
SEC. 737. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 6405 of Public Law
107–171 (7 U.S.C. 2655).
SEC. 738. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses
of personnel to carry out the provisions of sections 7404(a)(1) and
7404(c)(1) of Public Law 107–171.
SEC. 739. The Agricultural Marketing Service and the Grain
Inspection, Packers and Stockyards Administration, that have
statutory authority to purchase interest bearing investments outside
of the Treasury, are not required to establish obligations and outlays
for those investments, provided those investments are insured by
the Federal Deposit Insurance Corporation or are collateralized
at the Federal Reserve with securities approved by the Federal
Reserve, operating under the guidelines of the United States
Department of the Treasury.
SEC. 740. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary
may use up to $10,000,000 for costs associated with the distribution
of commodities.
SEC. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries

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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.

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Publication.
Regulations.
Deadline.
7 USC 740c–1
note.

New York.

Florida.

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(b) The Secretary shall publish a proposed rule to carry out
section 313A of the Rural Electrification Act of 1936 within 60
days of enactment of this Act.
SEC. 751. Any unobligated balances in the Alternative Agricultural Research and Commercialization Revolving Fund are hereby
rescinded.
SEC. 752. Not more than $41,443,000 for fiscal year 2004 of
the funds appropriated or otherwise made available by this or
any other Act shall be used to carry out the conservation security
program established under subchapter A of chapter 2 of subtitle
D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838
et seq.).
SEC. 753. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a ground and surface water
conservation program authorized by section 2301 of Public Law
107–171, the Farm Security and Rural Investment Act of 2002,
in excess of $51,000,000.
SEC. 754. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 2502 of Public
Law 107–171, the Farm Security and Rural Investment Act of
2002, in excess of $42,000,000.
SEC. 755. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out section 2503 of Public
Law 107–171, the Farm Security and Rural Investment Act of
2002, in excess of $112,044,000.
SEC. 756. (a) ASSISTANCE FOR COMMERCIAL TREE LOSSES.—
The Secretary of Agriculture shall use $5,000,000 of the funds
of the Commodity Credit Corporation to provide assistance under
the Tree Assistance Program, subtitle C of title X of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.),
to tree-fruit growers located in a federally declared disaster area
in the State of New York who suffered tree losses in 2003 as
a result of an April 4–6, 2003, icestorm.
(b) The Secretary of Agriculture shall use $10,000,000 of the
funds of the Commodity Credit Corporation, to remain available
until expended, to compensate commercial citrus and lime growers
in the State of Florida for tree replacement and for lost production
with respect to trees removed to control citrus canker, and with
respect to certified citrus nursery stocks within the citrus canker
quarantine areas, as determined by the Secretary. For a grower
to receive assistance for a tree under this section, the tree must
have been removed after September 30, 2001.
SEC. 757. There is hereby appropriated $1,500,000 to carry
out section 6028 of Public Law 107–171, the Farm Security and
Rural Investment Act of 2002: Provided, That notwithstanding section 383B(g)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009bb–1(g)(1)), the Federal share of the administrative expenses of the Northern Great Plains Regional Authority
for fiscal year 2004 shall be 100 percent.
SEC. 758. Section 204(a)(3) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) is amended

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by striking ‘‘the Committee on Foreign Affairs’’ through ‘‘the Committee on’’ and inserting ‘‘the Committees on International Relations, Agriculture and Appropriations of the House of Representatives, and the Committees on Appropriations and’’.
SEC. 759. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 6029 of Public Law
107–171, the Farm Security and Rural Investment Act of 2002:
Provided, That this section shall not apply to activities related
to the promulgation of regulations or the receipt and review of
applications for the Rural Business Investment Program.
SEC. 760. None of the funds appropriated or otherwise made
available in this Act shall be expended to violate Public Law 105–
264.
SEC. 761. COST-SHARING FOR ANIMAL AND PLANT HEALTH EMERGENCY PROGRAMS. None of the funds made available by this Act
may be used to issue a final rule in furtherance of, or otherwise
implement, the proposed rule on cost-sharing for animal and plant
health emergency programs of the Animal and Plant Health Inspection Service published on July 8, 2003 (Docket No. 02–062–1; 68
Fed. Reg. 40541).
SEC. 762. Agencies and offices of the Department of Agriculture
may utilize any available discretionary funds to cover the costs
of preparing, or contracting for the preparation of, final agency
decisions regarding complaints of discrimination in employment
or program activities arising within such agencies and offices.
SEC. 763. Notwithstanding any other provision of law, for any
fiscal year, in the case of a high cost isolated rural area in Alaska
that is not connected to a road system, the maximum level for
the single family housing assistance shall be 150 percent of the
average income level in the metropolitan areas of the State and
115 percent of all other eligible areas of the State.
SEC. 764. There is hereby appropriated $1,000,000, to remain
available until expended, for the Denali Commission to address
deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies.
SEC. 765. Notwithstanding any other provision of law, the
Secretary shall consider the City of Vicksburg, Mississippi; the
City of Aberdeen, South Dakota; and the City of Starkville, Mississippi as meeting the requirements of a rural area contained
in section 520 of the Housing Act of 1949 (42 U.S.C. 1490) until
receipt of the decennial Census for the year 2010.
SEC. 766. Notwithstanding any other provision of law, the
Secretary shall consider the City of Berlin, New Hampshire; the
City of Guymon, Oklahoma; the City of Shawnee, Oklahoma; and
the City of Altus, Oklahoma, to be eligible for loans and grants
provided through the Rural Community Advancement Program
until receipt of the decennial Census in the year 2010.
SEC. 767. None of the funds made available in this Act may
be used to study, complete a study of, or enter into a contract
with a private party to carry out, without specific authorization
in a subsequent Act of Congress, a competitive sourcing activity
of the Secretary of Agriculture, including support personnel of the
Department of Agriculture, relating to rural development or farm
loan programs.

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Alaska.
42 USC 1472
note.

Mississippi.
South Dakota.

New Hampshire.
Oklahoma.

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7 USC 5603 note.

7 USC 2012 note.

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SEC. 768. Section 501(b)(5)(B) of the Housing Act of 1949 (42
U.S.C. 1471(b)(5)(B) is amended by striking ‘‘for fiscal years 2002
and 2003,’’.
SEC. 769. AGRICULTURAL MANAGEMENT ASSISTANCE. Section
524(b)(4)(B) of the Federal Crop Insurance Act (7 U.S.C.
1524(b)(4)(B)) is amended—
(1) in clause (i), by striking ‘‘clause (ii)’’ and inserting
‘‘clauses (ii) and (iii)’’; and
(2) by adding at the end the following:
‘‘(iii) CERTAIN USES.—Of the amounts made available to carry out this subsection for each of fiscal
years 2004 through 2007 the Commodity Credit Corporation shall use not less than—
‘‘(I) $14,000,000 to carry out subparagraphs
(A), (B), and (C) of paragraph (2) through the
Natural Resources Conservation Service;
‘‘(II) $1,000,000 to provide organic certification
cost share assistance through the Agricultural
Marketing Service; and
‘‘(III) $5,000,000 to conduct activities to carry
out subparagraph (F) of paragraph (2) through
the Risk Management Agency.’’.
SEC. 770. Hereafter, no funds provided in this or any other
Act shall be available to the Secretary of Agriculture acting through
the Foreign Agricultural Service to promote the sale or export
of tobacco or tobacco products.
SEC. 771. (a) IN GENERAL.—Section 3(o)(4) of the Food Stamp
Act of 1977, as amended (7 U.S.C. 2012(o)(4), is amended by
inserting before the period at the end the following: ‘‘, and except
that on October 1, 2003, in the case of households residing in
Alaska and Hawaii the Secretary may not reduce the cost of such
diet in effect on September 30, 2002’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective beginning on September 30, 2003.
SEC. 772. Section 601(b)(2) of the Rural Electrification Act
of 1936 (7 U.S.C. 950bb(b)(2)) is amended to read as follows:
‘‘(2) ELIGIBLE RURAL COMMUNITY.—The term ‘eligible rural
community’ means any area of the United States that is not
contained in an incorporated city or town with a population
in excess of 20,000 inhabitants.’’.
SEC. 773. Notwithstanding any other provision of law, for all
activities under programs of the Rural Development Mission Area
within the County of Honolulu, Hawaii, the Secretary may designate
any portion of the county as a rural area or eligible rural community
that the Secretary determines is not urban in character: Provided,
That the Secretary shall not include in any such rural area or
eligible rural community any area included in the Honolulu Census
Designated Place as determined by the Secretary of Commerce.
SEC. 774. The first sentence of section 306(g)(1) of the National
Housing Act (12 U.S.C. 1721(g)(1)) is amended—
(1) by striking ‘‘or title V of the Housing Act of 1949’’;
and
(2) by inserting after ‘‘1944’’ the following: ‘‘, title V of
the Housing Act of 1949,’’.
SEC. 775. Notwithstanding the provisions of the Consolidated
Farm and Rural Development Act (including the associated regulations) governing the Community Facilities Program, the Secretary

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may allow all Community Facility Program facility borrowers and
grantees to enter into contracts with not-for-profit third parties
for services consistent with the requirements of the Program, grant,
and/or loan: Provided, That the contracts protect the interests of
the Government regarding cost, liability, maintenance, and administrative fees.
SEC. 776. Notwithstanding any other provision of law, the
Secretary of Agriculture may use appropriations available to the
Secretary for activities authorized under sections 426–426c of title
7, United States Code, under this or any other Act, to enter into
cooperative agreements, with a State, political subdivision, or
agency thereof, a public or private agency, organization, or any
other person, to lease aircraft if the Secretary determines that
the objectives of the agreement will: (1) serve a mutual interest
of the parties to the agreement in carrying out the programs
administered by the Animal Plant Health Inspection Service, Wildlife Service; and (2) all parties will contribute resources to the
accomplishment of these objectives; award of a cooperative agreement authorized by the Secretary may be made for an initial
term not to exceed 5 years.
SEC. 777. CITRUS CANKER ASSISTANCE. Section 211 of the Agricultural Assistance Act of 2003 (117 Stat. 545) is amended—
(1) in the section heading, by inserting ‘‘TREE REPLACEMENT AND’’ after ‘‘FOR’’; and
(2) in subsection (a), by inserting ‘‘tree replacement and’’
after ‘‘Florida for’’.
SEC. 778. SUN GRANT RESEARCH INITIATIVE. (a) SHORT TITLE.—
This section may be cited as the ‘‘Sun Grant Research Initiative
Act of 2003’’.
(b) RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON
BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.—Title IX of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101
et seq.) is amended by adding at the end the following:
‘‘SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS
ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.

118 STAT. 41

Sun Grant
Research
Initiative Act of
2003.
7 USC 8101 note.

7 USC 8109.

‘‘(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—

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118 STAT. 42

Grants.

South Dakota
State University.

University of
Tennessee.

Oklahoma State
University.

Oregon State
University.

Cornell
University.

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PUBLIC LAW 108–199—JAN. 23, 2004
‘‘(A) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7601));
‘‘(B) 1890 Institutions (as defined in section 2 of that
Act) and West Virginia State College; and
‘‘(C) 1994 Institutions (as defined in section 2 of that
Act).
‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary
of Agriculture.
‘‘(c) ESTABLISHMENT.—To carry out the purposes described in
subsection (a), the Secretary shall establish programs under
which—
‘‘(1) the Secretary shall provide grants to sun grant centers
specified in subsection (d); and
‘‘(2) the sun grant centers shall use the grants in accordance
with this section.
‘‘(d) GRANTS TO CENTERS.—The Secretary shall use amounts
made available for a fiscal year under subsection (j) to provide
a grants in equal amounts to each of the following sun grant
centers:
‘‘(1) NORTH-CENTRAL CENTER.—A north-central sun grant
center at South Dakota State University for the region composed of the States of Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and
Wyoming.
‘‘(2) SOUTHEASTERN CENTER.—A southeastern sun grant
center at the University of Tennessee at Knoxville for the
region composed of—
‘‘(A) the States of Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, Tennessee,
and Virginia;
‘‘(B) the Commonwealth of Puerto Rico; and
‘‘(C) the United States Virgin Islands.
‘‘(3) SOUTH-CENTRAL CENTER.—A south-central sun grant
center at Oklahoma State University for the region composed
of the States of Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas.
‘‘(4) WESTERN CENTER.—A western sun grant center at
Oregon State University for the region composed of—
‘‘(A) the States of Alaska, Arizona, California, Hawaii,
Idaho, Nevada, Oregon, Utah, and Washington; and
‘‘(B) territories and possessions of the United States
(other than the territories referred to in subparagraphs
(B) and (C) of paragraph (2)).
‘‘(5) NORTHEASTERN CENTER.—A northeastern sun grant
center at Cornell University for the region composed of the
States of Connecticut, Delaware, Massachusetts, Maryland,
Maine, Michigan, New Hampshire, New Jersey, New York,
Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia.
‘‘(e) USE OF FUNDS.—
‘‘(1) CENTERS OF EXCELLENCE.—Of the amount of funds
that are made available for a fiscal year to a sun grant center
under subsection (d), the center shall use not more than 25
percent of the amount for administration to support excellence
in science, engineering, and economics at the center to promote
the purposes described in subsection (a) through the State

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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

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PUBLIC LAW 108–199—JAN. 23, 2004
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

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PUBLIC LAW 108–199—JAN. 23, 2004
of providing water and sewer service to the proposed hospital
in the Matanuska-Susitna Borough, Alaska; and
(2) the Alaska Department of Community and Economic
Development shall be allowed to pass the grant funds through
to the local government entity that will provide water and
sewer service to the hospital.
SEC. 784. None of the funds provided in this Act may be
used for salaries and expenses to carry out any regulation or rule
insofar as it would make ineligible for enrollment in the conservation reserve program established under subchapter B of chapter
1 of subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3831 et seq.) land that is planted to hardwood trees as
of the date of enactment of this Act and was enrolled in the
conservation reserve program under a contract that expired prior
to calendar year 2002.
SEC. 785. WATER AND WASTE DISPOSAL GRANT TO THE CITY
OF POSTVILLE, IOWA. Notwithstanding any other provision of law,
the City of Postville, Iowa, shall be eligible to receive a water
and waste disposal grant under section 306(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926(a)) in an amount
that is equal to not more than 75 percent of the total cost of
providing water and sewer service in the city.
SEC. 786. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses
of personnel to implement a reorganization of regional conservationists and/or regional offices of the Natural Resources Conservation
Service without the prior approval of the Committees on Appropriations.
SEC. 787. Of the unobligated balance available to the Food
Safety and Inspection Service for the field automation and information management project at the beginning of fiscal year 2004,
$5,000,000 is hereby rescinded.
SEC. 788. The matter under the heading ‘‘Integrated Activities’’
in division A—Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Programs Appropriations,
2003, title I—Agricultural Programs, in Public Law 108–7 is
amended by striking ‘‘7 U.S.C. 3291’’ and inserting ‘‘7 U.S.C. 3292b’’.
SEC. 789. Notwithstanding any other provision of law, the
City of Great Falls, Montana, shall be considered a rural area
for purposes of eligibility for business and industry guaranteed
loans under section 310B(a)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(a)(1)).
This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004’’.

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118 STAT. 45

117 Stat. 19.
Montana.

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118 STAT. 46
Departments of
Commerce,
Justice, and
State, the
Judiciary, and
Related Agencies
Appropriations
Act, 2004.

PUBLIC LAW 108–199—JAN. 23, 2004
DIVISION B—DEPARTMENTS OF COMMERCE, JUSTICE,
AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2004

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

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

Department of
Justice
Appropriations
Act, 2004.

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

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

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

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

Notification.

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

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Plan.
Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004
with the appropriation under the heading ‘‘Detention Trustee’’ and
shall be available until expended: Provided further, That the
Trustee, working in consultation with the Bureau of Prisons, shall
submit a plan for collecting information related to evaluating the
health and safety of Federal prisoners in non-Federal institutions
no later than 180 days following the enactment of this Act.
OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,
$60,840,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission
as authorized, $10,609,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

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

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to exceed $112,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-ScottRodino 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 fulltime equivalent workyears available to the Offices of the United
States Attorneys, not to exceed 10,113 positions and 10,298 fulltime 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.

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PUBLIC LAW 108–199—JAN. 23, 2004
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 fulltime 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

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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 federallyowned buildings; and preliminary planning and design of projects;
$11,174,000, to remain available until September 30, 2006.

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PUBLIC LAW 108–199—JAN. 23, 2004
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

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

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

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PUBLIC LAW 108–199—JAN. 23, 2004
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

Notification.

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

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

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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

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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

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

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

Notification.

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;

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(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;

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(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;

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(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
(INCLUDING

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OF

JUSTICE

RESCISSION)

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

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declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
SEC. 103. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 103 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 105. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which shall
not be subject to spending limitations contained in sections 3059
and 3072 of title 18, United States Code: Provided, That any reward
of $100,000 or more, up to a maximum of $2,000,000, may not
be made without the personal approval of the President or the
Attorney General and such approval may not be delegated: Provided
further, That rewards made pursuant to section 501 of Public Law
107–56 shall not be subject to this section.
SEC. 106. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
SEC. 107. Section 114 of Public Law 107–77 shall remain in
effect during fiscal year 2004.
SEC. 108. (a) Hereafter, the Attorney General is authorized
to transfer, under such terms and conditions as the Attorney General shall specify, forfeited real or personal property of limited
or marginal value, as such value is determined by guidelines established by the Attorney General, to a State or local government
agency, or its designated contractor or transferee, for use to support
drug abuse treatment, drug and crime prevention and education,
housing, job skills, and other community-based public health and
safety programs.
(b) Any transfer under the preceding proviso shall not create
or confer any private right of action in any person against the
United States, and shall be treated as a reprogramming under
section 605 of this Act.
SEC. 109. Authorities contained in the 21st Century Department
of Justice Appropriations Authorization Act (Public Law 107–273)
shall remain in effect until the effective date of a subsequent
Department of Justice appropriations authorization Act.
SEC. 110. None of the funds appropriated or otherwise made
available by this Act or any other Act to the Department of Justice
shall be expended for the purpose of reimbursement or direct payments for the legal fees of an individual employed as an attorney
in the Department of Justice for a matter in which the individual

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118 STAT. 61

Abortion.

28 USC 524 note.

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25 USC 3651
note.

Establishment.
Alaska.

Deadline.

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PUBLIC LAW 108–199—JAN. 23, 2004
is the subject of a disciplinary recommendation for ethical misconduct by the Counsel for Professional Responsibility.
SEC. 111. In addition to the amounts provided under ‘‘Salaries
and Expenses, United States Attorneys’’, $15,000,000 shall be for
Project Seahawk and shall remain available until expended.
SEC. 112. (a)(1) None of the funds provided in this Act or
hereafter may be used for courts or law enforcement officers for
a tribe or village—
(A) in which fewer than 25 Native members live in the
village year round; or
(B) that is located within the boundaries of the Fairbanks
North Star Borough, the Matanuska Susitna Borough, the
Municipality of Anchorage, the Kenai Peninsula Borough, the
City and Borough of Juneau, the Sitka Borough, or the Ketchikan Borough.
(2)(A) There is established an Alaska Rural Justice and Law
Enforcement Commission (hereinafter ‘‘Justice Commission’’). The
United States Attorney General shall appoint the Justice Commission which shall include a Federal Co-chairman, the Attorney General for the State of Alaska or his designee who shall act as
the State Co-Chairman, the Commissioner of Public Safety for
the State of Alaska, a representative from the Alaska Municipal
League, a representative from an organized borough, a representative of the Alaska Federation of Natives, a tribal representative,
a representative from a non-profit Native corporation that operates
Village Public Safety Officer programs, and a representative from
the Alaska Native Justice Center. The chief judge for the Federal
District Court for the District of Alaska may also appoint a nonvoting 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 MatanuskaSusitna Borough, the City and Borough of Juneau, the Sitka Borough, and the Ketchikan Borough. It shall make recommendations
to Congress and the Alaska State Legislature no later than May
1, 2004, on options which shall include the following—
(i) create a unified law enforcement system, court system,
and system of local laws or ordinances for Alaska Native villages and communities of varying sizes including the possibility
of first, second, and third class villages with different powers;
(ii) meet the law enforcement and judicial personnel needs
in rural Alaska including the possible use of cross deputization
in a way that maximizes the existing resources of Federal,
State, local, and tribal governments;
(iii) address the needs to regulate alcoholic beverages
including the prohibition of the sale, importation, use, or possession of alcoholic beverages and to provide restorative justice
for persons who violate such laws including treatment; and
(iv) address the problem of domestic violence and child
abuse including treatment options and restorative justice.
(b)(1) The General Accounting Office shall immediately begin
a review of Federal programs benefitting rural communities in
Alaska including the name of each program and the department
or agency that administers it, the amount of funds provided to

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PUBLIC LAW 108–199—JAN. 23, 2004
Alaska through each program, a list of the statutes and regulations
governing use of funds for each program, and any data demonstrating the performance of each program. With respect to
housing programs, the study shall determine the number of houses
built by each Native housing authority including the cost per house.
The Office shall submit a report of its findings to the House and
Senate Committees on Appropriations, and to the Alaska Federation
of Natives no later than April 30, 2004.
(2) The Alaska Federation of Natives, in consultation with
the Alaska Municipal League, may review the delivery of Federal
programs in Alaska and make recommendations to the Congress
to reduce duplication, improve and consolidate delivery of services,
streamline application and administrative procedures, improve
accountability, mandate performance measures, and other actions
to reduce costs and improve efficiency.
(c) The Federal Advisory Committee Act shall not apply to
this section.
(d) Amend the Denali Commission Act (title III of Public Law
105–277) by adding a new section as follows:
‘‘SEC. 310. (a) The Federal Co-chairman of the Denali Commission shall appoint an Economic Development Committee to be
chaired by the president of the Alaska Federation of Natives which
shall include the Commissioner of Community and Economic Affairs
for the State of Alaska, a representative from the Alaska Bankers
Association, the chairman of the Alaska Permanent Fund, a representative from the Alaska State Chamber of Commerce, and
a representative from each region. Of the regional representatives,
at least two each shall be from Native regional corporations, Native
non-profit corporations, tribes, and borough governments.
‘‘(b) The Economic Development Committee is authorized to
consider and approve applications from Regional Advisory Committees for grants and loans to promote economic development and
promote private sector investment to reduce poverty in economically
distressed rural villages. The Economic Development Committee
may make mini-grants to individual applicants and may issue loans
under such terms and conditions as it determines.
‘‘(c) The State Co-chairman of the Denali Commission shall
appoint a Regional Advisory Committee for each region which may
include representatives from local, borough, and tribal governments,
the Alaska Native non-profit corporation operating in the region,
local Chambers of Commerce, and representatives of the private
sector. Each Regional Advisory Committee shall develop a regional
economic development plan for consideration by the Economic
Development Committee.
‘‘(d) The Economic Development Committee, in consultation
with the First Alaskans Institute, may develop rural development
performance measures linking economic growth to poverty reduction
to measure the success of its program which may include economic,
educational, social, and cultural indicators. The performance measures will be tested in one region for 2 years and evaluated by
the University of Alaska before being deployed statewide. Thereafter, performance in each region shall be evaluated using the
performance measures, and the Economic Development Committee
shall not fund projects which do not demonstrate success.
‘‘(e) Within the amounts made available annually to the Denali
Commission for training, the Commission may make a grant to
the First Alaskans Foundation upon submittal of an acceptable

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118 STAT. 63

Reports.
Deadline.

Establishment.
42 USC 3121
note.

Establishment.

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118 STAT. 64

PUBLIC LAW 108–199—JAN. 23, 2004
work plan to assist Alaska Natives and other rural residents in
acquiring the skills and training necessary to participate fully in
private sector business and economic and development opportunities
through fellowships, scholarships, internships, public service programs, and other leadership initiatives.
‘‘(f) The Committee shall sponsor a statewide economic development summit in consultation with the World Bank to evaluate
the best practices for economic development worldwide and how
they can be incorporated into regional economic development plans.
‘‘(g) There is authorized to be appropriated such sums as may
be necessary to the following agencies which shall be transferred
to the Denali Commission as a direct lump sum payment to implement this section—
‘‘(1) Department of Commerce, Economic Development
Administration,
‘‘(2) Department of Housing and Urban Development,
‘‘(3) Department of the Interior, Bureau of Indian Affairs,
‘‘(4) Department of Agriculture, Rural Development
Administration, and
‘‘(5) Small Business Administration.’’.
SEC. 113. For an additional amount for the ‘‘Local Law Enforcement Block Grant’’ program to be provided to the City of San
Juan, Puerto Rico, $550,000.
SEC. 114. Of the unobligated balances available to the Department of Justice from prior year appropriations with the exception
of funds provided for counterterrorism activities, counterintelligence
activities, white collar crime enforcement, organized crime enforcement, and drug enforcement, $100,000,000 are rescinded: Provided,
That within 30 days after the date of the enactment of this section
the Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report
specifying the amount of each rescission made pursuant to this
section.
This title may be cited as the ‘‘Department of Justice Appropriations Act, 2004’’.

Deadline.
Reports.

TITLE II—DEPARTMENT OF COMMERCE AND RELATED
AGENCIES

Department of
Commerce and
Related Agencies
Appropriations
Act, 2004.

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

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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, That $46,669,000 shall
be for Manufacturing and Services; $38,204,000 shall be for Market
Access and Compliance; $68,160,000 shall be for the Import
Administration of which $3,000,000 is to establish an Office of
China Compliance; $217,040,000 shall be for the United States
and Foreign Commercial Service of which $1,500,000 is for the
Advocacy Center, $2,500,000 is for the Trade Information Center,
and $2,100,000 is for a China and Middle East Business Center;
and $25,050,000 shall be for Executive Direction and Administration: Provided further, That negotiations shall be conducted within
the World Trade Organization to recognize the right of members
to distribute monies collected from antidumping and countervailing
duties: Provided further, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities without regard to section
5412 of the Omnibus Trade and Competitiveness Act of 1988 (15

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Establishment.

Applicability.

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PUBLIC LAW 108–199—JAN. 23, 2004
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

Applicability.

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

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

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

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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 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.

Reports.

NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES

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

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PUBLIC LAW 108–199—JAN. 23, 2004
$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.

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UNITED STATES PATENT

AND

118 STAT. 69

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,

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PUBLIC LAW 108–199—JAN. 23, 2004
$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

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PUBLIC LAW 108–199—JAN. 23, 2004
heading are available to alter the existing structure, organization,
function, and funding of the National Marine Fisheries Service
Southwest Region and Fisheries Science Center and Northwest
Region and Fisheries Science Center: Provided further, That, hereafter, the Secretary of Commerce may enter into cooperative agreements with the Joint and Cooperative Institutes as designated
by the Secretary to use the personnel, services, or facilities of
such organizations for research, education, training, and outreach:
Provided further, That of the amounts appropriated under this
heading, $1,207,000 shall be transferred to and merged with funds
appropriated under the heading, ‘‘Salaries and Expenses, Marine
Mammal Commission’’, of which $500,000 shall remain available
until September 30, 2005: Provided further, That none of the funds
in this Act may be used for the National Oceanic and Atmospheric
Administration to implement the Department of Commerce’s EGovernment 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.

118 STAT. 71

15 USC 1540
note.

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 buildout 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

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PUBLIC LAW 108–199—JAN. 23, 2004
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
(INCLUDING

15 USC 313 note.

Notification.

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OF

COMMERCE

RESCISSION)

SEC. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901–5902).
SEC. 203. Hereafter, none of the funds made available by this
or any other Act for the National Oceanic and Atmospheric Administration may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States
Air Force or the United States Air Force Reserve.
SEC. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this or any other Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act.
SEC. 205. Any costs incurred by a department or agency funded
under this title resulting from personnel actions taken in response

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PUBLIC LAW 108–199—JAN. 23, 2004
to funding reductions included in this title or from actions taken
for the care and protection of loan collateral or grant property
shall be absorbed within the total budgetary resources available
to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section.
SEC. 206. Hereafter, the Secretary of Commerce may use the
Commerce franchise fund for expenses and equipment necessary
for the maintenance and operation of such administrative services
as the Secretary determines may be performed more advantageously
as central services, pursuant to section 403 of Public Law 103–
356: Provided, That any inventories, equipment, and other assets
pertaining to the services to be provided by such fund, either
on hand or on order, less the related liabilities or unpaid obligations,
and any appropriations made for the purpose of providing capital
shall be used to capitalize such fund: Provided further, That such
fund shall be paid in advance from funds available to the Department and other Federal agencies for which such centralized services
are performed, at rates which will return in full all expenses of
operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing software
and systems (either acquired or donated), and an amount necessary
to maintain a reasonable operating reserve, as determined by the
Secretary: Provided further, That such fund shall provide services
on a competitive basis: Provided further, That an amount not to
exceed 4 percent of the total annual income to such fund may
be retained in the fund for fiscal year 2004 and each fiscal year
thereafter, to remain available until expended, to be used for the
acquisition of capital equipment, and for the improvement and
implementation of department financial management, automated
data processing, and other support systems: Provided further, That
such amounts retained in the fund for fiscal year 2004 and each
fiscal year thereafter shall be available for obligation and expenditure only in accordance with section 605 of this Act: Provided
further, That no later than 30 days after the end of each fiscal
year, amounts in excess of this reserve limitation shall be deposited
as miscellaneous receipts in the Treasury.
SEC. 207. Notwithstanding any other provision of law, of the
amounts made available elsewhere in this title to the ‘‘National
Institute of Standards and Technology, Construction of Research
Facilities’’, $14,000,000 is appropriated to fund a cooperative agreement with the Medical University of South Carolina, $5,000,000
is appropriated to the Thayer School of Engineering, of which
$1,000,000 is for research relating to intelligent control of distributed systems, $2,000,000 is for a smart laser beam project, and
$2,000,000 is for research relating to nanomagnetics, $500,000 is
appropriated to the Institute for Information Infrastructure Protection at the Institute for Security and Technology Studies, $1,000,000
is appropriated for the Institute of Politics, and $500,000 is appropriated for the Coastal Conservation Center.
SEC. 208. Of the amount available from the fund entitled ‘‘Promote and Develop Fishery Products and Research Pertaining to

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118 STAT. 73

31 USC 501 note.

Deadline.

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118 STAT. 74

Alabama.
Alabama Real
Estate Holdings,
Inc.

South Carolina.
Memorandum.

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PUBLIC LAW 108–199—JAN. 23, 2004
American Fisheries’’, $10,000,000 shall be provided to the Alaska
Fisheries Marketing Board, $2,000,000 shall be available to the
Gulf and South Atlantic Fisheries Foundation, $2,000,000 shall
be available to the South Carolina Seafood Alliance, $1,500,000
shall be available to the Oregon Trawl Commission, and $1,500,000
shall be available to the Oregon State University Seafood Laboratory: Provided, That: (1) the Alaska Fisheries Marketing Board
(hereinafter ‘‘the Board’’) shall be a nonprofit organization and
not an agency or establishment of the United States; (2) the Secretary may appoint, assign, or otherwise designate as Executive
Director an employee of the Department of Commerce, who may
serve in an official capacity in such position, with or without
reimbursement, and such appointment or assignment shall be without interruption or loss of civil service status or privilege; and
(3) the Board may adopt bylaws consistent with the purposes of
this section, and may undertake other acts necessary to carry
out the provisions of this section.
SEC. 209. (a) Notwithstanding the provisions of the Public
Works and Economic Development Act as amended (42 U.S.C. 3121,
et seq.) or any other provision of law, the Economic Development
Administration shall approve the sale, transfer, or conveyance, without compensation to the agency, of any land on the former
Charleston Naval Base, located north of Viaduct Road which was
improved by EDA project numbers 04–49–04196, 04–49–04280, 04–
49–04462, and 04–49–04461 and funds obligated but not yet disbursed in connection with EDA project number 04–49–04347 shall
remain available until expended and, as of September 30, 2003,
shall be exempt from the application of section 1552 of title 31,
United States Code.
(b) Notwithstanding any other provision of law, the Secretary
of Commerce shall approve, without compensation to the Agency,
a lease to be entered into by the City of Florence, Alabama, and
Alabama Real Estate Holdings, Inc., containing such terms and
conditions as the city of Florence determines appropriate, for use
of the parcel of land (including improvements thereon) located in
Florence, Alabama, that was improved using assistance from the
Economic Development Administration under EDA project number
04–01–03963.
SEC. 210. (a) The Secretary of Commerce is authorized to
operate a marine laboratory in South Carolina in accordance with
a memorandum of agreement, including any future amendments,
among the National Oceanic and Atmospheric Administration, the
National Institute of Standards and Technology, the State of South
Carolina, the Medical University of South Carolina, and the College
of Charleston as a partnership for collaborative, interdisciplinary
marine scientific research.
(b) To carry out subsection (a), the agencies that are partners
in the Laboratory may accept, apply for, use, and spend Federal,
State, private and grant funds as necessary to further the mission
of the Laboratory without regard to the source or of the period
of availability of these funds and may apply for and hold patents,
as well as share personnel, facilities, and property. Any funds
collected or accepted by any partner may be used to offset all
or portions of its costs, including overhead, without regard to 31
U.S.C. 143302(b); to reimburse other participating agencies for all
or portions of their costs; and to fund research and facilities expansion. Funds for management and operation of the Laboratory may

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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—

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PUBLIC LAW 108–199—JAN. 23, 2004
(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 nonpollock groundfish capacity reduction program which may
include fewer than all management areas of the fishery;
(3) permanently revokes all fishery licenses, fishery permits, area and species endorsements, and any other fishery
privileges issued to a vessel or vessels (or to persons on the
basis of their operation or ownership of that vessel or vessels)
removed under the program; and
(4) ensures that all vessels removed from the fishery under
the program are made permanently ineligible to participate
in any fishery worldwide, and that the owners of such vessels
will operate only under the United States flag or such vessels
shall be scrapped as a reduction vessel pursuant to section
600.1011(c) of title 50, Code of Federal Regulations.
SEC. 215. Of the unobligated balances available to the Department of Commerce from prior year appropriations with the exception of funds provided for coral reef activities, fisheries enforcement,
the Ocean Health Initiative, land acquisition, and lab construction,
$100,000,000 are rescinded: Provided, That within 30 days after
the date of enactment of this section the Secretary of Commerce
shall submit to the Committees on Appropriations of the House
of Representatives and the Senate a report specifying the amount
of each rescission made pursuant to this section.
This title may be cited as the ‘‘Department of Commerce and
Related Agencies Appropriations Act, 2004’’.

Deadline.
Reports.

TITLE III—THE JUDICIARY

Judiciary
Appropriations
Act, 2004.

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.

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UNITED STATES COURT

OF INTERNATIONAL

118 STAT. 77

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,
SERVICES

AND

OTHER JUDICIAL

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.

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PUBLIC LAW 108–199—JAN. 23, 2004
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.

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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 OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION

OF

FOREIGN AFFAIRS

Department of
State and
Related Agency
Appropriations
Act, 2004.

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),

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118 STAT. 80

Establishment.

China.
Notification.

Establishment.

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PUBLIC LAW 108–199—JAN. 23, 2004
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948; representation to certain
international organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and consent
of the Senate or specific Acts of Congress; arms control, nonproliferation and disarmament activities as authorized; acquisition
by exchange or purchase of passenger motor vehicles as authorized
by law; and for expenses of general administration, $3,420,000,000:
Provided, That not to exceed 69 permanent positions and $7,311,000
shall be expended for the Bureau of Legislative Affairs: Provided
further, That, of the amount made available under this heading,
not to exceed $4,000,000 may be transferred to, and merged with,
funds in the ‘‘Emergencies in the Diplomatic and Consular Service’’
appropriations account, to be available only for emergency evacuations and terrorism rewards: Provided further, That, of the amount
made available under this heading, $301,563,000 shall be available
only for public diplomacy international information programs: Provided further, That of the amount made available under this
heading, $3,000,000 shall be available only for the establishment
and operations of an Office on Right-Sizing the United States
Government Overseas Presence: Provided further, That funds available under this heading may be available for a United States
Government interagency task force to examine, coordinate and oversee United States participation in the United Nations headquarters
renovation project: Provided further, That no funds may be obligated
or expended for processing licenses for the export of satellites of
United States origin (including commercial satellites and satellite
components) to the People’s Republic of China unless, at least
15 days in advance, the Committees on Appropriations of the House
of Representatives and the Senate are notified of such proposed
action.
In addition, not to exceed $1,371,000 shall be derived from
fees collected from other executive agencies for lease or use of
facilities located at the International Center in accordance with
section 4 of the International Center Act; in addition, as authorized
by section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out
in that section; in addition, as authorized by section 810 of the
United States Information and Educational Exchange Act, not to
exceed $6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments received
from English teaching, library, motion pictures, and publication
programs and from fees from educational advising and counseling
and exchange visitor programs; and, in addition, not to exceed
$15,000, which shall be derived from reimbursements, surcharges,
and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$646,701,000, to remain available until expended: Provided, That,
of the amounts made available under this paragraph, $5,000,000
is for the State Department to establish the Center for
Antiterrorism and Security Training.
In addition, for the costs of worldwide OpenNet and classified
connectivity infrastructure, $40,000,000, to remain available until
expended.

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PUBLIC LAW 108–199—JAN. 23, 2004

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.

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118 STAT. 82

PUBLIC LAW 108–199—JAN. 23, 2004
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

22 USC 269a
note.

Notification.

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

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

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PUBLIC LAW 108–199—JAN. 23, 2004
2005: Provided, That of the amount provided under this heading,
$95,358,000 shall be derived from prior year unobligated balances
from funds previously appropriated under this heading: Provided
further, That none of the funds made available under this Act
shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency as far in advance as is
practicable): (1) the Committees on Appropriations of the House
of Representatives and the Senate and other appropriate committees
of the Congress are notified of the estimated cost and length of
the mission, the vital national interest that will be served, and
the planned exit strategy; and (2) a reprogramming of funds pursuant to section 605 of this Act is submitted, and the procedures
therein followed, setting forth the source of funds that will be
used to pay for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping expenses
only upon a certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and suppliers are being given opportunities to provide equipment, services,
and material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers: Provided
further, That none of the funds made available under this heading
are available to pay the United States share of the cost of court
monitoring that is part of any United Nations peacekeeping mission.

118 STAT. 83

Notification.

Certification.

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

22 USC 269a
note.

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

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118 STAT. 84

PUBLIC LAW 108–199—JAN. 23, 2004
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

Establishment.

For a grant to the International Center for Middle EasternWestern 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 Nonprofit 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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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118 STAT. 86

PUBLIC LAW 108–199—JAN. 23, 2004
and reception as authorized, $11,395,000, to remain available until
expended, as authorized.
GENERAL PROVISIONS—DEPARTMENT
AGENCY

Citizenship.

117 Stat. 595.

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OF

STATE

AND

RELATED

SEC. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for
services as authorized by 5 U.S.C. 3109; and for hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
SEC. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that
section.
SEC. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board
of Governors to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian Broadcasting Corporation.
SEC. 404. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
SEC. 405. Section 2502 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11) is repealed.
SEC. 406. An application for a visa shall be denied without
prejudice under section 221(g) of the Immigration and Nationality
Act (8 U.S.C. 1201(g)) if the application is delayed for a period
of more than 60 days from the date of application due to administrative processing by any agency in making a determination of inadmissibility under section 212(a)(3) of that Act (8 U.S.C. 1182(a)(3)).
SEC. 407. Funds appropriated by this Act for the Broadcasting
Board of Governors and the Department of State may be obligated
and expended notwithstanding section 15 of the State Department
Basic Authorities Act of 1956, section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–
236), and section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1)).
SEC. 408. (a) The Senior Policy Operating Group on Trafficking
in Persons, established under section 406 of division B of Public
Law 108–7 to coordinate agency activities regarding policies
(including grants and grant policies) involving the international
trafficking in persons, shall coordinate all such policies related
to the activities of traffickers and victims of severe forms of trafficking.

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PUBLIC LAW 108–199—JAN. 23, 2004
(b) None of the funds provided in this or any other Act shall
be expended to perform functions that duplicate coordinating
responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 406 of division
B of Public Law 108–7.
SEC. 409. The Secretary of State shall provide to a member
of the Committee on Appropriations of the Senate or the Committee
on Appropriations of the House of Representatives a copy of each
cable sent to or by a Department of State employee that pertains
to any topic specified by the requesting member, regardless of
the level of classification of the cable, not later than 15 days
after the date on which the member makes a written or verbal
request for such copies.
This title may be cited as the ‘‘Department of State and Related
Agency Appropriations Act, 2004’’.

118 STAT. 87

Records.
Deadline.

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
ABROAD

OF

AMERICA’S HERITAGE

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.

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118 STAT. 88

PUBLIC LAW 108–199—JAN. 23, 2004
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
REPUBLIC OF CHINA

ON THE

PEOPLE’S

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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 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.

Deadline.
Telemarketers.
Records.

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,

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118 STAT. 90

PUBLIC LAW 108–199—JAN. 23, 2004
$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)

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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

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118 STAT. 92

PUBLIC LAW 108–199—JAN. 23, 2004
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.

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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. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in fiscal year 2004, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that: (1) creates
new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any
functions or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress
are notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2004, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects
(including construction projects), or activities; (2) reduces by 10
percent funding for any existing program, project, or activity, or
numbers of personnel by 10 percent as approved by Congress;
or (3) results from any general savings from a reduction in personnel

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Contracts.
Public
information.

Notifications.

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118 STAT. 94

Religious
harassment.

United Nations.

Records.

Applicability.

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PUBLIC LAW 108–199—JAN. 23, 2004
which would result in a change in existing programs, activities,
or projects as approved by Congress; unless the Appropriations
Committees of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency repair),
overhaul, conversion, or modernization of vessels for the National
Oceanic and Atmospheric Administration in shipyards located outside of the United States.
SEC. 607. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a
‘‘Made in America’’ inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States
that is not made in the United States, the person shall be ineligible
to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
SEC. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harassment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that
such guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
SEC. 609. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to implement,
enforce, or otherwise abide by the Memorandum of Agreement
signed by the Federal Trade Commission and the Antitrust Division
of the Department of Justice on March 5, 2002.
SEC. 610. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or expend
such funds that: (1) the United Nations undertaking is a peacekeeping mission; (2) such undertaking will involve United States
Armed Forces under the command or operational control of a foreign
national; and (3) the President’s military advisors have not submitted to the President a recommendation that such involvement
is in the national security interests of the United States and the
President has not submitted to the Congress such a recommendation.
SEC. 611. The Departments of Commerce, Justice, and State,
the Judiciary and the Small Business Administration shall provide
to the Committees on Appropriations of the Senate and of the
House of Representatives a quarterly accounting of the cumulative
balances of any unobligated funds that were received by such agency
during any previous fiscal year.
SEC. 612. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section
609 of that Act shall continue to apply during fiscal year 2004.
SEC. 613. Any costs incurred by a department or agency funded
under this Act resulting from personnel actions taken in response

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PUBLIC LAW 108–199—JAN. 23, 2004
to funding reductions included in this Act shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that
section.
SEC. 614. Of the funds appropriated in this Act under the
heading ‘‘Office of Justice Programs—State and Local Law Enforcement Assistance’’, not more than 90 percent of the amount to
be awarded to an entity under the Local Law Enforcement Block
Grant shall be made available to such an entity when it is made
known to the Federal official having authority to obligate or expend
such funds that the entity that employs a public safety officer
(as such term is defined in section 1204 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968) does not provide
such a public safety officer who retires or is separated from service
due to injury suffered as the direct and proximate result of a
personal injury sustained in the line of duty while responding
to an emergency situation or a hot pursuit (as such terms are
defined by State law) with the same or better level of health
insurance benefits at the time of retirement or separation as they
received while on duty.
SEC. 615. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 616. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section 616
of that Act shall continue to apply during fiscal year 2004.
SEC. 617. (a) None of the funds appropriated pursuant to this
Act or any other provision of law may be used for—
(1) the implementation of any tax or fee in connection
with the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24
hours after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922
of title 18, United States Code, or State law.
(b) Subsection (a)(2) shall take effect not later than 180 days
after enactment of this Act.
SEC. 618. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C.

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118 STAT. 95

Tobacco and
tobacco products.

Applicability.
Firearms.

Effective date.
42 USC 10601
note.

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118 STAT. 96

Discrimination.

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PUBLIC LAW 108–199—JAN. 23, 2004
10601 in any fiscal year in excess of $625,000,000 shall not be
available for obligation until the following fiscal year.
SEC. 619. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 620. None of the funds appropriated or otherwise made
available to the Department of State shall be available for the
purpose of granting either immigrant or nonimmigrant visas, or
both, consistent with the determination of the Secretary of State
under section 243(d) of the Immigration and Nationality Act, to
citizens, subjects, nationals, or residents of countries that the Secretary of Homeland Security has determined deny or unreasonably
delay accepting the return of citizens, subjects, nationals, or residents under that section.
SEC. 621. For additional amounts under the heading ‘‘Small
Business Administration, Salaries and Expenses’’, $1,592,000 shall
be available for the Advanced and Applied Polymer Processing
Institute; $500,000 shall be available for Northeast South Dakota
Tech-Based Skills Development; $750,000 shall be available for
the Southern Methodist University Law School Rule of Law;
$1,000,000 shall be available for the Accelerated Entrepreneur
‘‘AcE’’ Program; $500,000 shall be available for the National Mass
Fatalities Institute; $1,000,000 shall be available for the Textile
Tracers Program; $500,000 shall be available for the Maryland
Technology-Based Rural Business Incubation Initiative; $1,000,000
shall be available for the Northeast Indiana Innovation Center;
$750,000 shall be available for the Lewis and Clark Bicentennial
Bi-State Safety Project; $1,000,000 shall be available for the Greenville Automotive Research Park; $1,000,000 shall be available for
the Indiana University Kokomo Business Incubator; $1,593,000
shall be available for the Tuck School of Business for its partnership
with the Minority Business Development Administration; $500,000
shall be available for Project Restore; $325,000 shall be available
for the School of the Building Arts Trade Program; $500,000 shall
be available for the South Carolina Export Consortium; $500,000
shall be available for the Freewoods Farm Living Farm Museum
in Horry County, South Carolina; $1,590,000 shall be available
for the Alaska InvestNet/Technology Venture Center and Tech
Ranch in Montana; $1,000,000 shall be available for Youth and
Family with Promises; $500,000 shall be available for the Wisconsin
Procurement Institute; $1,000,000 shall be available for the Next
Generation Economy Initiative; $1,000,000 shall be available for
the Westside Intercept Project; $250,000 shall be available for the
International Trade Data Network; $1,000,000 shall be available
for the University of Missouri-St. Louis Information Technology
Incubator Project; $750,000 shall be available for the Idaho Virtual
Incubator/Lewis-Clark State College; $850,000 shall be available
for the UNI Student Business Incubator; $1,500,000 shall be available for the promotion and operation of the grant to the Adelante
Development Center, Inc., in Albuquerque, New Mexico; $250,000
shall be available for the Mississippi Delta Technology Council;
$2,250,000 shall be available for a grant to the Virginia Community
College System (VCCS) for improvement of distance learning programs; $175,000 shall be available for a grant to the Loudoun
Convention and Visitors Association in Virginia; $100,000 shall

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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

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117 Stat. 103.

Prisons and
prisoners.

Prisons and
prisoners.

Government
organization.

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Providence, Rhode Island Center for Women and Enterprise for
infrastructure development; $1,200,000 shall be available for a
grant for Northwest Shoals Community College to establish a
Center for Business and Industry; $950,000 shall be available for
a grant to the Family and Children’s Service in Minneapolis, Minnesota for community support and development programs;
$1,000,000 shall be available for a grant to the Wisconsin Procurement Institute to develop an electronic based system to provide
access and opportunity to Federal funding; $200,000 shall be for
a grant to the National Association of Development Organizations
Research Foundation to provide training and education assistance
to small business development finance professionals; $750,000 shall
be for a grant to the North Carolina Rural Economic Development
Center for expenses and activities in support of the Capital Access
Program; $500,000 shall be for a grant for the Women’s Initiative
for Self Employment in San Francisco, California; $400,000 shall
be for a grant to Johnstown Area Regional Industries in Pennsylvania for workforce development training programs and Small Business Technology Centers; $400,000 shall be for a grant to Seton
Hill University for expenses in support of the Virtual Entrepreneurial Center; $200,000 shall be for a grant to the Economic
Growth Connection Paperless Procurement Program; $200,000 shall
be for a grant for the Ridgewood Myrtle Avenue Business Improvement District to conduct a redevelopment study; $400,000 shall
be for a grant to Progress, Inc., to establish a Community Technology Center; $150,000 shall be for a grant for UPROSE for the
‘‘Sunset Youth Industries’’ project; $415,000 shall be available for
a grant to the Southern and Eastern Kentucky Tourism Development Association for continuation of a regional tourism promotion
initiative; and $300,000 shall be for the Arthur Avenue Retail
Market in the Bronx, New York, for facility, improvement, and
maintenance needs to meet the Market’s business requirements:
Provided, That section 625 of title I of division B of Public Law
108–7 is amended with respect to a grant of: (1) $450,000 to the
Bronx Council on the Arts by striking ‘‘help promote stabilization
of small arts organizations’’ and inserting ‘‘provide financial assistance to small arts organizations to help promote stabilization’’;
and (2) $500,000 to the City of Merrill, Wisconsin by striking
all that follows after ‘‘Wisconsin’’ and inserting ‘‘for the capitalization of a business development fund.’’.
SEC. 622. None of the funds made available to the Department
of Justice in this Act may be used for the purpose of transporting
an individual who is a prisoner pursuant to conviction for crime
under State or Federal law and is classified as a maximum or
high security prisoner, other than to a prison or other facility
certified by the Federal Bureau of Prisons as appropriately secure
for housing such a prisoner.
SEC. 623. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television services,
to rent or purchase videocassettes, videocassette recorders, or other
audiovisual or electronic equipment used primarily for recreational
purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment
for inmate training, religious, or educational programs.
SEC. 624. A Deputy Assistant Administrator for non-contiguous
States and territories shall, through the Senior Executive Service,

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administer Small Business Administration programs in Alaska,
Hawaii, and the territories, including disaster loans to fishermen,
programs benefitting Alaska Native Corporations and Native
Hawaiians, including but not limited to section 8(a) and Historically
Underutilized Business Zones, and all other programs serving
Alaska Natives and Native Hawaiians. All disaster loans issued
in Alaska shall be administered by the Small Business Administration and shall not be sold during fiscal year 2004.
SEC. 625. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
SEC. 626. The Secretary of Commerce shall negotiate or
reevaluate, with the consent of the President, international agreements affecting international ocean policy.
SEC. 627. The Departments of Commerce, Justice, State, the
Judiciary, and the Small Business Administration shall each establish a policy under which eligible employees may participate in
telecommuting to the maximum extent possible without diminished
employee performance: Provided, That, not later than 6 months
after the date of the enactment of this Act, each of the aforementioned entities shall provide that the requirements of this section
are applied to 100 percent of the workforce: Provided further, That,
of the funds appropriated in this Act for the Departments of Commerce, Justice, and State, the Judiciary, and the Small Business
Administration, $200,000 shall be available to each Department
or agency only to implement telecommuting programs: Provided
further, That, every 6 months, each Department or agency shall
provide a report to the Committees on Appropriations on the status
of telecommuting programs, including the number of Federal
employees eligible for, and participating in, such programs, and
uses of funds designated under this section: Provided further, That
each Department or agency shall designate a ‘‘Telework Coordinator’’ to be responsible for overseeing the implementation of telecommuting programs and serve as a point of contact on such programs for the Committees on Appropriations.
SEC. 628. The paragraph under the heading ‘‘Small Business
Administration—Disaster Loans Program Account’’ in chapter 2
of division B of Public Law 107–117 is amended by inserting ‘‘or
section 7(b) of the Small Business Act’’ after ‘‘September 11, 2001’’.
SEC. 629. The Telecommunications Act of 1996 is amended
as follows—
(1) in section 202(c)(1)(B) by striking ‘‘35 percent’’ and
inserting ‘‘39 percent’’;
(2) in section 202(c) by adding the following new paragraphs
at the end:
‘‘(3) DIVESTITURE.—A person or entity that exceeds the
39 percent national audience reach limitation for television
stations in paragraph (1)(B) through grant, transfer, or assignment of an additional license for a commercial television broadcast station shall have not more than 2 years after exceeding
such limitation to come into compliance with such limitation.
This divestiture requirement shall not apply to persons or
entities that exceed the 39 percent national audience reach
limitation through population growth.

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118 STAT. 99

Telecommunicating.
5 USC 6120 note.
Deadline.

Deadline.
Reports.

Establishment.

115 Stat. 2297.
47 USC 303 note.
110 Stat. 110.

Broadcasting.

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118 STAT. 100

110 Stat. 110.

22 USC 2078.

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‘‘(4) FORBEARANCE.—Section 10 of the Communications Act
of 1934 (47 U.S.C. 160) shall not apply to any person or entity
that exceeds the 39 percent national audience reach limitation
for television stations in paragraph (1)(B);’’; and
(3) in section 202(h) by striking ‘‘biennially’’ and inserting
‘‘quadrennially’’ and by adding the following new flush sentence
at the end:
‘‘This subsection does not apply to any rules relating to the 39
percent national audience reach limitation in subsection (c)(1)(B).’’.
SEC. 630. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms, and Explosives are released without
adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms, and Explosives
shall include in all such data releases, language similar to the
following that would make clear that trace data cannot be used
to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for purposes
of determining which types, makes or models of firearms are
used for illicit purposes. The firearms selected do not constitute
a random sample and should not be considered representative
of the larger universe of all firearms used by criminals, or
any subset of that universe. Firearms are normally traced
to the first retail seller, and sources reported for firearms
traced do not necessarily represent the sources or methods
by which firearms in general are acquired for use in crime.
SEC. 631. Section 503(f) of the Small Business Investment
Act of 1958 (15 U.S.C. 697(f)) shall be amended by substituting
‘‘March 15, 2004’’ for the last date that appears in the subsection.
SEC. 632. In addition to amounts otherwise appropriated in
this Act, the unobligated balances previously made available by
section 507(g) of Public Law 105–135 shall be available until
expended for the cost of general business loans under section 7(a)
of the Small Business Act.
SEC. 633. (a) There is established in the Treasury of the United
States a trust fund to be known as the International Center for
Middle Eastern-Western Dialogue Trust Fund. The income from
the fund shall be used for operations of the International Center
for Middle Eastern-Western Dialogue to promote dialogue and scholarship in the Middle East. The fund may accept contributions
and gifts from public and private sources.
(b) It shall be the duty of the Secretary of the Treasury to
invest in full amounts made available to the fund. Such investments
may be made only in interest-bearing obligations of the United
States or in obligations guaranteed as to both principal and interest
by the United States. The interest on, and the proceeds from the
sale or redemption of, any obligations held in the fund shall be
credited to and form a part of the fund and shall remain available
without fiscal year limitation.
(c) For each fiscal year, there is authorized to be appropriated
from the fund for the operations of the International Center for

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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 EasternWestern Dialogue established under this section.
(e) The United States, through the Department of State, shall
retain ownership of the Palazzo Corpi building in Istanbul, Turkey,
and the Secretary of State shall be responsible for maintaining
the International Center for Middle Eastern-Western Dialogue at
such location.
(f) Section 1321(a) of title 31, United States Code, is amended
by inserting after ‘‘(58) Inmates’ fund, workhouse and reformatory,
District of Columbia.’’ the following new paragraph:
‘‘(59) International Center for Middle Eastern-Western Dialogue Trust Fund.’’.
SEC. 634. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
SEC. 635. None of the funds made available in this Act may
be used to pay expenses for any United States delegation to the
United Nations Human Rights Commission if such commission
is chaired or presided over by a country, the government of which
the Secretary of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), has repeatedly provided support for acts of international
terrorism.
SEC. 636. None of the funds made available in this Act may
be used in violation of section 212(a)(10)(C) of the Immigration
and Nationality Act.
SEC. 637. (a) This section may be cited as the ‘‘HELP Commission Act’’.
(b)(1) The Congress finds that, despite the long-standing efforts
and resources of the United States dedicated to helping needy
people around the world, despair remains and in many areas is
growing.
(2) Therefore, a commission should be established to bring
together the best minds associated with development and humanitarian assistance to make a comprehensive review of—
(A) policy decisions, including why certain development
projects are funded and others are not, successes, and best
practices, including their applicability to other existing programs and projects;
(B) delivery obstacles, including the roles of United States
agencies and other governmental and nongovernmental
organizations;
(C) methodology, including whether the delivery of United
States development assistance always represents best practices
and whether it can be improved; and
(D) results, including measuring improvements in human
capacity instead of in purely economic terms.
(3) An examination of these issues should present new
approaches and ideas to ensure that United States development
assistance reaches and benefits its intended recipients.

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Turkey.

HELP
Commission Act.
22 USC 2394b.

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118 STAT. 102
Establishment.

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(c)(1) There is established the Helping to Enhance the Livelihood of People (HELP) Around the Globe Commission (in this
section referred to as the ‘‘Commission’’).
(2) The Commission shall—
(A) identify the past and present objectives of United States
development assistance, identify cases in which those objectives
have been met, identify the beneficiaries of such assistance,
and what percentage of the funds provided actually reached
the intended beneficiaries;
(B) identify cases in which United States development
assistance has been most successful, and analyze how such
successes may be transferable to other countries or areas;
(C) study ways to expand educational opportunities and
investments in people, and assess infrastructure needs;
(D) analyze how the United States could place conditions
on governments in countries receiving United States development assistance, in light of and notwithstanding the objectives
of the Millennium Challenge Account;
(E) analyze ways in which the United States can coordinate
its development assistance programs with those of other donor
countries and international organizations;
(F) analyze ways in which the safety of development assistance workers can be ensured, particularly in the midst of
conflicts;
(G) compare the effectiveness of increased and open trade
with development assistance, and analyze the advantages and
disadvantages of such trade and whether such trade could
be a more effective alternative to United States development
assistance;
(H) analyze ways in which the United States can
strengthen the capacity of indigenous nongovernmental
organizations to be more effective in grassroots development;
(I) analyze ways in which decisions on providing development assistance can involve more of the people of the recipient
countries;
(J) analyze ways in which results can be measured if United
States development assistance is targeted to the least developed
countries;
(K) recommend standards that should be set for ‘‘graduating’’ recipient countries from United States development
assistance;
(L) analyze whether United States development assistance
should be used as a means to achieve United States foreign
policy objectives;
(M) analyze how the United States can evaluate the
performance of its development assistance programs not only
against economic indicators, but in other ways, including how
to measure the success of United States development assistance
in democratization efforts; and evaluate the existing foreign
assistance framework to ascertain the degree of coordination,
or lack thereof, of the disparate foreign development programs
as administered by the various Federal agencies, to identify
and assess the redundancies of programs and organizational
structures engaged in foreign assistance, and to recommend
revisions to authorizing legislation for foreign assistance that
would seek to reconcile competing foreign policy and foreign
aid goals; and

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(N) study any other areas that the Commission considers
necessary relating to United States development assistance.
(d)(1) The Commission shall be composed of 21 members as
follows:
(A) Six members shall be appointed by the President, of
whom at least two shall be representatives of nongovernmental
organizations.
(B) Four members shall be appointed by the majority leader
of the Senate, and three members shall be appointed by the
minority leader of the Senate.
(C) Four members shall be appointed by the Speaker of
the House of Representatives, and three members shall be
appointed by the minority leader of the House of Representatives.
(D) The Administrator of the United States Agency for
International Development shall serve as a member of the
Commission, ex officio.
(2) Members under subparagraphs (A) through (C) of paragraph
(1) shall be appointed for the life of the Commission.
(3) Members of the Commission shall be selected from among
individuals noted for their knowledge and experience in foreign
assistance, particularly development and humanitarian assistance.
(4) The appointments under paragraph (1) shall be made not
later than 60 days after the date of the enactment of this section.
(5) The President shall designate one of the members of the
Commission not currently in Government service as the Chair of
the Commission.
(6) In order to facilitate the workload of the Commission, the
Commission shall divide the membership of the Commission into
three subcommittees representing the different regions of the world
to which the United States provides development assistance, the
membership of each subcommittee to be proportional to the percentage of United States development assistance provided to the region
represented by the subcommittee. Each subcommittee shall elect
one of its members as Chair of the subcommittee.
(7)(A) Eleven members of the Commission shall constitute a
quorum for purposes of transacting the business of the Commission.
The Commission shall meet at the call of the Chair.
(B) A majority of the members of each regional subcommittee
shall constitute a quorum for purposes of transacting the business
of the subcommittee. Each subcommittee shall meet at the call
of the Chair of the subcommittee.
(8) Any vacancy of the Commission shall not affect its powers,
but shall be filled in the manner in which the original appointment
was made.
(9) The Administrator of General Services shall provide to
the Commission on a reimbursable basis (or, in the discretion
of the Administrator, on a nonreimbursable basis) such administrative support services as the Commission may request to carry
out this section.
(10)(A) Subject to subparagraph (B), members of the Commission shall serve without pay.
(B) Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of their
service on the Commission.

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Deadline.
President.

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Deadline.
Reports.

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(11) Members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or
regular places of business in the performance of services for the
Commission.
(12)(A) The Chairman of the Commission may, without regard
to the civil service laws and regulations, appoint and terminate
an executive director and such other additional personnel as may
be necessary to enable the Commission to perform its duties. The
employment of an executive director shall be subject to confirmation
by the Commission.
(B) To the extent or in the amounts provided in advance in
appropriations Acts—
(i) the executive director shall be compensated at the rate
payable for level V of the Executive Schedule under section
5316 of title 5, United States Code; and
(ii) the Chairman of the Commission may fix the compensation of other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(e)(1) The Commission may, for the purpose of carrying out
its functions under this section, hold hearings, sit and act at times
and places in the United States and in countries that receive
United States development assistance, take testimony, and receive
evidence as the Commission considers advisable to carry out the
purposes of this section.
(2) The Commission may secure directly from any Federal
department or agency such information as the Commission considers necessary to carry out the provisions of this section. Upon
request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission,
subject to applicable law.
(3) The Commission may use the United States mails in the
same manner and under the same conditions as other departments
and agencies of the Federal Government.
(4) The Commission may adopt such rules and regulations,
relating to administrative procedure, as may be reasonably necessary to enable it to carry out the provisions of this section.
(5) The Members of the Commission may, with the approval
of the Commission, conduct such travel as is necessary to carry
out the purposes of this section. Each trip must be approved by
a majority of the Commission.
(6) Upon the request of the Commission, the head of any
Federal department or agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of that department
or agency to the Commission to assist it in carrying out its functions
under this section. The detail of any such personnel shall be without
interruption or loss of civil service or Foreign Service status or
privilege.
(f)(1) Not later than 2 years after the members of the Commission are appointed under subsection (d)(1), the Commission shall

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submit a report to the President, the Secretary of State, the Committee on Appropriations and the Committee on International Relations of the House of Representatives, and the Committee on Appropriations and the Committee on Foreign Relations of the Senate,
setting forth its findings and recommendations under section (c)(2).
(2) The report may be submitted in classified form, together
with a public summary of recommendations, if the classification
of information would further the purposes of this section.
(3) Each member of the Commission may include the individual
or dissenting views of the member.
(g) The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Commission.
(h) In this section, the term ‘‘United States development assistance’’ means—
(1) assistance provided by the United States under chapters
1, 10, 11, and 12 of part I of the Foreign Assistance Act
of 1961; and
(2) assistance provided under any other provision of law
to carry out purposes comparable to those set forth in the
provisions referred to in paragraph (1).
(i)(1) There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section.
(2) Amounts authorized to be appropriated under subsection
(a) are authorized to remain available until expended, but not
later than the date of termination of the Commission.
(j) The Commission shall terminate 30 days after the submission of its report under subsection (f).
(k)(1) Not later than April 1, 2004, and April 1 of each third
year thereafter, the President shall transmit to the Congress a
report that analyzes, on a country-by-country basis, the impact
and effectiveness of United States economic assistance furnished
to each country during the preceding 3 fiscal years. The report
shall include the following for each recipient country:
(A) An analysis of the impact of United States economic
assistance during the preceding 3 fiscal years on economic
development in that country, with a discussion of the United
States interests that were served by the assistance. The analysis shall be done on a sector-by-sector basis to the extent
possible and shall identify any economic policy reforms that
were promoted by the assistance. The analysis shall—
(i) include a description, quantified to the extent practicable, of the specific objectives the United States sought
to achieve in providing economic assistance for that
country; and
(ii) specify the extent to which those objectives were
not achieved, with an explanation of why they were not
achieved.
(B) A description of the amount and nature of economic
assistance provided by other donors during the preceding 3
fiscal years, set forth by development sector to the extent
possible.
(C) A discussion of the commitment of the host government
to addressing the country’s needs in each development sector,
including a description of the resources devoted by that government to each development sector during the preceding 3 fiscal
years.

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Termination.
Deadlines.
Reports.

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(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.

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(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.

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PUBLIC LAW 108–199—JAN. 23, 2004
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
16 USC 1862.

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and Management Act (16 U.S.C. 1801 et seq.), as amended, is
further amended by adding at the end thereof the following:
‘‘(j) BERING SEA AND ALEUTIAN ISLANDS CRAB RATIONALIZATION.—
‘‘(1) By not later than January 1, 2005, the Secretary
shall approve and hereafter implement by regulation the Voluntary Three-Pie Cooperative Program for crab fisheries of
the Bering Sea and Aleutian Islands approved by the North
Pacific Fishery Management Council between June 2002 and
April 2003, and all trailing amendments including those
reported to Congress on May 6, 2003. This section shall not
preclude the Secretary from approving by January 1, 2005,
and implementing any subsequent program amendments
approved by the Council.
‘‘(2) Notwithstanding any other provision of this Act, in
carrying out paragraph (1) the Secretary shall approve all
parts of the Program referred to in such paragraph. Further,
no part of such Program may be implemented if, as approved
by the North Pacific Fishery Management Council, individual
fishing quotas, processing quotas, community development

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

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Applicability.

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Establishment.
16 USC 1851
note.

16 USC 1851
note.
Effective date.

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holding individual processing quota, and the provisions of subparagraphs (D), (E), and (L) of section 307(l) shall apply to
any facility owned or controlled by a person holding individual
processing quota.’’.
SEC. 802. GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM. The Secretary of Commerce, in consultation with the North
Pacific Fishery Management Council, shall establish a pilot program
that recognizes the historic participation of fishing vessels (1996
to 2002, best 5 of 7 years) and historic participation of fish processors (1996 to 2000, best 4 of 5 years) for pacific ocean perch,
northern rockfish, and pelagic shelf rockfish harvested in Central
Gulf of Alaska. Such a pilot program shall: (1) provide for a setaside of up to 5 percent for the total allowable catch of such
fisheries for catcher vessels not eligible to participate in the pilot
program, which shall be delivered to shore-based fish processors
not eligible to participate in the pilot program; and (2) establish
catch limits for non-rockfish species and non-target rockfish species
currently harvested with pacific ocean perch, northern rockfish,
and pelagic shelf rockfish, which shall be based on historical harvesting of such bycatch species. The pilot program will sunset
when a Gulf of Alaska Groundfish comprehensive rationalization
plan is authorized by the Council and implemented by the Secretary,
or 2 years from date of implementation, whichever is earlier.
SEC. 803. ALEUTIAN ISLANDS FISHERIES DEVELOPMENT. (a)
ALEUTIAN ISLANDS POLLOCK ALLOCATION.—Effective January 1,
2004 and thereafter, the directed pollock fishery in the Aleutian
Islands Subarea [AI] of the BSAI (as defined in 50 CFR 679.2)
shall be allocated to the Aleut Corporation (incorporated pursuant
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)). Except with the permission of the Aleut Corporation or
its authorized agent, the fishing or processing of any part of such
allocation shall be prohibited by section 307 of the MagnusonStevens 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

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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 OF COLUMBIA APPROPRIATIONS
ACT, 2004

District of
Columbia
Appropriations
Act, 2004.

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

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

FOR

RESIDENT TUITION SUPPORT

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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118 STAT. 114

PUBLIC LAW 108–199—JAN. 23, 2004

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
SEWER AUTHORITY

WATER

AND

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
THE DISTRICT OF COLUMBIA

PREPAREDNESS

IN

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.

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FEDERAL PAYMENT

118 STAT. 115

CRIMINAL JUSTICE COORDINATING
COUNCIL

TO THE

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
COLUMBIA

IN THE

DISTRICT

OF

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 literacychallenged 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
DISTRICT OF COLUMBIA

IN THE

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 webbased 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 agencyrequired mental health screenings, assessments and treatments

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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.

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FEDERAL PAYMENT

FOR

118 STAT. 117

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

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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.

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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

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118 STAT. 120

PUBLIC LAW 108–199—JAN. 23, 2004
(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

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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

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118 STAT. 122

PUBLIC LAW 108–199—JAN. 23, 2004
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

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PUBLIC LAW 108–199—JAN. 23, 2004

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.

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118 STAT. 124

PUBLIC LAW 108–199—JAN. 23, 2004
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-YouGo 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.

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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

ENTERTAINMENT COMMISSION

AND

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

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the Congress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to the
Council of the District of Columbia, an itemized accounting of
the planned use of appropriated funds in time for each annual
budget submission and the actual use of such funds in time for
each annual audited financial report.
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise Fund,
$69,742,000 from other funds.
NATIONAL CAPITAL REVITALIZATION CORPORATION
For the National Capital Revitalization Corporation, $7,849,000
from other funds.
CAPITAL OUTLAY
(INCLUDING

RESCISSIONS)

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

TITLE III—DC SCHOOL CHOICE
INCENTIVE ACT OF 2003

DC School Choice
Incentive Act of
2003.

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘DC School Choice Incentive
Act of 2003’’.
SEC. 302. FINDINGS.

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

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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

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PUBLIC LAW 108–199—JAN. 23, 2004

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;

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(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

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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

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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:

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(A) A comparison of the academic achievement of
participating eligible students in the measurements
described in this section to the achievement of—
(i) students in the same grades in the District
of Columbia public schools; and
(ii) the eligible students in the same grades in
the District of Columbia public schools who sought
to participate in the scholarship program but were
not selected.
(B) The success of the programs in expanding choice
options for parents.
(C) The reasons parents choose for their children to
participate in the programs.
(D) A comparison of the retention rates, dropout rates,
and (if appropriate) graduation and college admission rates,
of students who participate in the programs funded under
this title with the retention rates, dropout rates, and (if
appropriate) graduation and college admission rates of students of similar backgrounds who do not participate in
such programs.
(E) The impact of the program on students, and public
elementary schools and secondary schools, in the District
of Columbia.
(F) A comparison of the safety of the schools attended
by students who participate in the programs and the
schools attended by students who do not participate in
the programs.
(G) Such other issues as the Secretary considers appropriate for inclusion in the evaluation.
(5) PROHIBITION.—Personally identifiable information
regarding the results of the measurements used for the evaluations may not be disclosed, except to the parents of the student
to whom the information relates.
(b) REPORTS.—The Secretary shall submit to the Committees
on Appropriations, Education and the Workforce, and Government
Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and
Governmental Affairs of the Senate—
(1) annual interim reports, not later than December 1
of each year for which a grant is made under this title, on
the progress and preliminary results of the evaluation of the
programs funded under this title; and
(2) a final report, not later than 1 year after the final
year for which a grant is made under this title, on the results
of the evaluation of the programs funded under this title.
(c) PUBLIC AVAILABILITY.—All reports and underlying data gathered pursuant to this section shall be made available to the public
upon request, in a timely manner following submission of the
applicable report under subsection (b), except that personally identifiable information shall not be disclosed or made available to the
public.
(d) LIMIT ON AMOUNT EXPENDED.—The amount expended by
the Secretary to carry out this section for any fiscal year may
not exceed 3 percent of the total amount appropriated to carry
out this title for the fiscal year.

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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

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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

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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,

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unless the Committee on Appropriations of the House of Representatives and Senate are notified in writing 30 days in advance of
the reprogramming.
(b) None the local funds contained in this Act may be available
for obligation or expenditure for an agency through a transfer
of any local funds from one appropriation heading to another unless
the Committees on Appropriations of the House of Representatives
and Senate are notified in writing 30 days in advance of the
transfer, except that in no event may the amount of any funds
transferred exceed 4 percent of the local funds in the appropriations.
SEC. 409. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this Act shall
be applied only to the objects for which the appropriations were
made except as otherwise provided by law.
SEC. 410. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official Code,
sec. 1–601.01 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1–
204l.22(3)), shall apply with respect to the compensation of District
of Columbia employees: Provided, That for pay purposes, employees
of the District of Columbia government shall not be subject to
the provisions of title 5, United States Code.
SEC. 411. No later than 30 days after the end of the first
quarter of fiscal year 2004, the Mayor of the District of Columbia
shall submit to the Council of the District of Columbia and the
Committees on Appropriations of the House of Representatives and
Senate the new fiscal year 2004 revenue estimates as of the end
of such quarter. These estimates shall be used in the budget request
for fiscal year 2005. The officially revised estimates at midyear
shall be used for the midyear report.
SEC. 412. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended
without opening that contract to the competitive bidding process
as set forth in section 303 of the District of Columbia Procurement
Practices Act of 1985 (D.C. Law 6–85; D.C. Official Code, sec.
2–303.03), except that the District of Columbia government or any
agency thereof may renew or extend sole source contracts for which
competition is not feasible or practical, but only if the determination
as to whether to invoke the competitive bidding process has been
made in accordance with duly promulgated rules and procedures
and has been reviewed and certified by the Chief Financial Officer
of the District of Columbia.
SEC. 413. (a) In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 after the amounts appropriated to the District of
Columbia for the fiscal year involved have been paid to the District
of Columbia, the Mayor of the District of Columbia shall pay to
the Secretary of the Treasury, within 15 days after receipt of
a request therefor from the Secretary of the Treasury, such amounts
as are sequestered by the order: Provided, That the sequestration
percentage specified in the order shall be applied proportionately
to each of the Federal appropriation accounts in this Act that
are not specifically exempted from sequestration by such Act.
(b) For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985, the term ‘‘program, project, and activity’’ shall

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be synonymous with and refer specifically to each account appropriating Federal funds in this Act, and any sequestration order
shall be applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders shall
not be applied to any account that is specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 414. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 415. None of the funds appropriated under this Act shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 416. None of the Federal funds made available in this
Act may be used to implement or enforce the Health Care Benefits
Expansion Act of 1992 (D.C. Law 9–114; D.C. Official Code, sec.
32–701 et seq.) or to otherwise implement or enforce any system
of registration of unmarried, cohabiting couples, including but not
limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis
that such benefits are extended to legally married couples.
SEC. 417. (a) Notwithstanding any other provision of this Act,
the Mayor, in consultation with the Chief Financial Officer of the
District of Columbia may accept, obligate, and expend Federal,
private, and other grants received by the District government that
are not reflected in the amounts appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to subsection (a) until—
(A) the Chief Financial Officer of the District of Columbia
submits to the Council a report setting forth detailed information regarding such grant; and
(B) the Council has reviewed and approved the acceptance,
obligation, and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the acceptance, obligation,
and expenditure of a grant if—
(A) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt
of the report from the Chief Financial Officer under paragraph
(1)(A); or
(B) if such a notice of disapproval is filed within such
deadline, the Council does not by resolution disapprove the
acceptance, obligation, or expenditure of the grant within 30
calendar days of the initial receipt of the report from the
Chief Financial Officer under paragraph (1)(A).
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under subsection
(b)(2) or in anticipation of the approval or receipt of a Federal,
private, or other grant not subject to such subsection.
(d) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed information
regarding all Federal, private, and other grants subject to this

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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.

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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. 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

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Deadline.

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consultation with the Court Services and Offender Supervision
Agency for the District of Columbia;
(4) education, including access to special education services
and student achievement to be provided in consultation with
the District of Columbia Public Schools and the District of
Columbia public charter schools;
(5) improvement in basic District services, including rat
control and abatement;
(6) application for and management of Federal grants,
including the number and type of grants for which the District
was eligible but failed to apply and the number and type
of grants awarded to the District but for which the District
failed to spend the amounts received; and
(7) indicators of child well-being.
SEC. 426. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer of the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council of the District of Columbia a revised
appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to
section 442 of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1–204.42), for all agencies of the District of Columbia
government for fiscal year 2003 that is in the total amount of
the approved appropriation and that realigns all budgeted data
for personal services and other-than-personal-services, respectively,
with anticipated actual expenditures.
SEC. 427. None of the funds contained in this Act may be
used to issue, administer, or enforce any order by the District
of Columbia Commission on Human Rights relating to docket numbers 93–030–(PA) and 93–031–(PA).
SEC. 428. None of the Federal funds made available in this
Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or
any other appropriation Act.
SEC. 429. During fiscal year 2004 and any subsequent fiscal
year, in addition to any other authority to pay claims and judgments, any department, agency, or instrumentality of the District
government may use local funds to pay the settlement or judgment
of a claim or lawsuit in an amount less than $10,000, in accordance
with the Risk Management for Settlements and Judgments Amendment Act of 2000 (D.C. Law 13–172; D.C. Official Code, sec. 2–
402).
SEC. 430. Notwithstanding any other law, the District of
Columbia Courts shall transfer to the general treasury of the District of Columbia all fines levied and collected by the Courts under
section 10(b)(1) and (2) of the District of Columbia Traffic Act
(D.C. Official Code, sec. 50–2201.05(b)(1) and (2)). The transferred
funds shall remain available until expended and shall be used
by the Office of the Corporation Counsel for enforcement and
prosecution of District traffic alcohol laws in accordance with section
10(b)(3) of the District of Columbia Traffic Act (D.C. Official Code,
sec. 50–2201.05(b)(3)).
SEC. 431. During fiscal year 2004 and any subsequent fiscal
year, any agency of the District government may transfer to the
Office of Labor Relations and Collective Bargaining (OLRCB) such
local funds as may be necessary to pay for representation by OLRCB

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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.

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‘‘(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’’.

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118 STAT. 143

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

Foreign
Operations,
Export
Financing, and
Related
Programs
Appropriations
Act, 2004.

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

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2004, and for other purposes, namely:
TITLE I—EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK

OF THE

UNITED STATES

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

12 USC 635 note.

ADMINISTRATIVE EXPENSES

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

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note.

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118 STAT. 144

PUBLIC LAW 108–199—JAN. 23, 2004
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT

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

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

TO THE

PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $50,000,000, to remain
available until September 30, 2005.
TITLE II—BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

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

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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

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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

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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:

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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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

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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, nonfood 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

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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,

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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 confidencebuilding 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

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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.);

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(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 InterAmerican 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

22 USC 2506
note.

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

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

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

OF

STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

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

Deadline.

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

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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 countryby-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

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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.

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PUBLIC LAW 108–199—JAN. 23, 2004
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

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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

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Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004

credible evidence that the government of such country is engaged
in a consistent pattern of gross violations of internationally recognized human rights or in military or civil conflict that undermines
its ability to develop and implement measures to alleviate poverty
and to devote adequate human and financial resources to that
end: Provided further, That on the basis of final appropriations,
the Secretary of the Treasury shall consult with the Committees
on Appropriations concerning which countries and international
financial institutions are expected to benefit from a United States
contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall inform
the Committees on Appropriations not less than 15 days in advance
of the signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries
and institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction through
the HIPC Trust Fund only for the benefit of countries that—
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ‘‘enclave’’ loans;
and
(2) have documented and demonstrated their commitment
to redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of section
411 of the Agricultural Trade Development and Assistance Act
of 1954 shall not apply to funds appropriated under this heading:
Provided further, That none of the funds made available under
this heading in this or any other appropriations Act shall be made
available for Sudan or Burma unless the Secretary of the Treasury
determines and notifies the Committees on Appropriations that
a democratically elected government has taken office.
TITLE III—MILITARY ASSISTANCE
FUNDS APPROPRIATED

TO THE

PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

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

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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

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118 STAT. 164

PUBLIC LAW 108–199—JAN. 23, 2004

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.

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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

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118 STAT. 166

PUBLIC LAW 108–199—JAN. 23, 2004

limitation to the callable capital portion of the United States share
of such capital stock in an amount not to exceed $122,085,497.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT

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

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

Notification.

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

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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.

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PUBLIC LAW 108–199—JAN. 23, 2004
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

Regulations.

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SEC. 506. (a) PROHIBITION ON TAXATION.—None of the funds
appropriated by this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is
to be provided unless such agreement includes a provision stating
that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments
to existing bilateral agreements, as necessary, to conform with
this requirement.
(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year
2004 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either
directly or through grantees, contractors and subcontractors shall
be withheld from obligation from funds appropriated for assistance
for fiscal year 2005 and allocated for the central government of
such country and for the West Bank and Gaza Program to the
extent that the Secretary of State certifies and reports in writing
to the Committees on Appropriations that such taxes have not
been reimbursed to the Government of the United States.
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) DETERMINATIONS.—
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines—
(A) does not assess taxes on United States assistance
or which has an effective arrangement that is providing
substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the policy of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising
the authority of this subsection with regard to any country
or entity.
(f) IMPLEMENTATION.—The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) DEFINITIONS.—As used in this section—
(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added
taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds
are appropriated by this Act; and
(2) the term ‘‘bilateral agreement’’ refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance

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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.
CIES.—None of

(a)(1) LIMITATION ON TRANSFERS BETWEEN AGENthe 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

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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

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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. 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.

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note.

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PUBLIC LAW 108–199—JAN. 23, 2004
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

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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) 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

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note.

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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

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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

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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

22 USC 3948
note.

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

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

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

Reports.
Deadline.

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.

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Federal Register,
publication.

PUBLIC LAW 108–199—JAN. 23, 2004

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

SEC. 528. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debtfor-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

22 USC 2362
note.

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SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) If assistance is furnished to the government of a foreign country
under chapters 1 and 10 of part I or chapter 4 of part II of
the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator of the United States Agency for International Development
shall—
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which
sets forth—
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this
section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for International
Development and that government to monitor and account for
deposits into and disbursements from the separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only—
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II (as the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established

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

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

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PUBLIC LAW 108–199—JAN. 23, 2004
BURMA

50 USC 1701
note.

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

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

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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

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118 STAT. 182

22 USC 2151u
note.

50 USC 1701
note.

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and Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) WAIVER.—The President may waive the provisions of
section 1003 of Public Law 100–204 if the President determines
and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States.
(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to paragraph (1) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(e) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the
United States Agency for International Development may provide
an exception to the fair opportunity process for placing task orders
under such contracts when the order is placed with any category
of small or small disadvantaged business.
(f) SHIPMENT OF HUMANITARIAN ASSISTANCE.—During fiscal
year 2004 and each fiscal year thereafter, of the amounts made
available by the United States Agency for International Development to carry out the provisions of section 123(b) of the Foreign
Assistance Act of 1961, funds may be made available to nongovernmental organizations for administrative costs necessary to implement a program to obtain available donated space on commercial
ships for the shipment of humanitarian assistance overseas.
(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from instability.
(h) NATIONAL ENDOWMENT FOR DEMOCRACY.—Funds appropriated by this Act that are provided to the National Endowment
for Democracy may be provided notwithstanding any other provision
of law or regulation.
(i) WORLD FOOD PROGRAM.—Of the funds managed by the
Bureau for Democracy, Conflict, and Humanitarian Assistance of
the United States Agency for International Development, from this
or any other Act, not less than $6,000,000 shall be made available
as a general contribution to the World Food Program, notwithstanding any other provision of law.
(j) SUDAN.—For the purposes of section 501 of Public Law
106–570, the terms ‘‘areas outside of control of the Government
of Sudan’’ and ‘‘area in Sudan outside of control of the Government
of Sudan’’ shall, upon conclusion of a peace agreement between
the Government of Sudan and the Sudan People’s Liberation Movement, have the same meaning and application as was the case
immediately prior to the conclusion of such agreement.
(k) PROGRAMS.—Of the funds appropriated under ‘‘Economic
Support Fund’’ for Middle East regional programs, up to $5,000,000
may be made available for programs and activities of the Yitzhak
Rabin Center for Israel Studies in Tel Aviv, Israel, and up to
$5,000,000 may be made available for programs and activities of
the Center for Human Dignity Museum of Tolerance in Jerusalem.

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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. 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.

22 USC 2364c
note.

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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in any other Act shall not be applicable to funds appropriated
by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA

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

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

SEC. 542. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of
the United States Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING
INTERNATIONAL TERRORISM

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

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Termination.
Applicability.

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WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN
COUNTRIES

Deadline.
Reports.

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

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

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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,

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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

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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,

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

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

22 USC 2151
note.

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

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

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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

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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

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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

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commanders and financial backers, especially in regions
where these networks have a significant presence.
(3) The balance of such funds may be obligated after July
31, 2004, if the Secretary of State certifies and reports to
the appropriate congressional committees, after such date, that
the Colombian Armed Forces are continuing to meet the conditions contained in paragraph (2) and are conducting vigorous
operations to restore government authority and respect for
human rights in areas under the effective control of paramilitary and guerrilla organizations.
(b) CONGRESSIONAL NOTIFICATION.—Funds made available by
this Act for the Colombian Armed Forces shall be subject to the
regular notification procedures of the Committees on Appropriations.
(c) CONSULTATIVE PROCESS.—Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter until
September 30, 2005, the Secretary of State shall consult with internationally recognized human rights organizations regarding
progress in meeting the conditions contained in that subsection.
(d) DEFINITIONS.—In this section:
(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means
to provide any support to paramilitary groups, including taking
actions which allow, facilitate, or otherwise foster the activities
of such groups.
(2) PARAMILITARY GROUPS.—The term ‘‘paramilitary
groups’’ means illegal self-defense groups and illegal security
cooperatives.
ILLEGAL ARMED GROUPS

SEC. 564. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN
ILLEGAL ARMED GROUPS.—Subject to subsection (b), the Secretary
of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence—
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation
Army (ELN), or the United Self-Defense Forces of Colombia
(AUC), including taking actions or failing to take actions which
allow, facilitate, or otherwise foster the activities of such groups;
or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human
rights, including extra-judicial killings, in Colombia.
(b) WAIVER.—Subsection (a) shall not apply if the Secretary
of State determines and certifies to the appropriate congressional
committees, on a case-by-case basis, that the issuance of a visa
to the alien is necessary to support the peace process in Colombia
or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION

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

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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 nonFederal 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

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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

Deadline.
Reports.

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

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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

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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

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making all practicable efforts to apprehend and transfer Ratko
Mladic;
(2) taking steps that are consistent with the Dayton Accords
to end Serbian financial, political, security and other support
which has served to maintain separate Republika Srpska
institutions; and
(3) taking steps to implement policies which reflect a
respect for minority rights and the rule of law, including the
release of political prisoners from Serbian jails and prisons.
(d) This section shall not apply to Montenegro, Kosovo, humanitarian assistance or assistance to promote democracy in municipalities.
COMMUNITY-BASED POLICE ASSISTANCE

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

22 USC 2151
note.

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

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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.
CELLATION.—

(a) LOANS ELIGIBLE

FOR

SALE, REDUCTION,

OR

CAN-

(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

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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-fornature swaps.
(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should
consult with the country concerning the amount of loans to be
sold, reduced, or canceled and their uses for debt-for-equity swaps,
debt-for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated
by this Act under the heading ‘‘Debt Restructuring’’.
DISASTER SURGE CAPACITY

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

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

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22 USC 2151a
note.

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PUBLIC LAW 108–199—JAN. 23, 2004
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:
22 USC 284t.

‘‘SEC. 22. THIRTEENTH REPLENISHMENT.

‘‘(a) CONTRIBUTION AUTHORITY.—
‘‘(1) IN GENERAL.—The United States Governor of the
Association may contribute on behalf of the United States an
amount equal to the amount appropriated under subsection
(b), pursuant to the resolution of the Association entitled ‘Additions to IDA Resources: Thirteenth Replenishment’.
‘‘(2) SUBJECT TO APPROPRIATIONS.—Any commitment to
make the contribution authorized by paragraph (1) shall be
effective only to such extent or in such amounts as are provided
in advance in appropriations Acts.
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For
the contribution authorized by subsection (a), there are authorized
to be appropriated such sums as may be necessary for payment
by the Secretary of the Treasury, without fiscal year limitation.’’.
ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL
DEVELOPMENT INSTITUTIONS

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

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118 STAT. 203
22 USC 262o–3.

‘‘SEC. 1504. ADMINISTRATIVE PROVISIONS.

‘‘(a) ACHIEVEMENT OF CERTAIN POLICY GOALS.—The Secretary
of the Treasury should instruct the United States Executive Director
at each multilateral development institution to inform the institution of the following United States policy goals, and use the voice
and vote of the United States to achieve the goals at the institution
before June 30, 2005:
‘‘(1) No later than 60 calendar days after the Board of
Directors of the institution approves the minutes of a Board
meeting, the institution shall post on its website an electronic
version of the minutes, with material deemed too sensitive
for public distribution redacted.
‘‘(2) The institution shall keep a written transcript or electronic recording of each meeting of its Board of Directors and
preserve the transcript or recording for at least 10 years after
the meeting.
‘‘(3) All public sector loan, credit and grant documents,
country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for endorsement
or approval by its Board of Directors, with materials deemed
too sensitive for public distribution redacted or withheld, shall
be made available to the public 15 calendar days before consideration by the Board or, if not then available, when the documents are distributed to the Board. Such documents shall
include the resources and conditionality necessary to ensure
that the borrower complies with applicable laws in carrying
out the terms and conditions of such documents, strategies,
or policies, including laws pertaining to the integrity and transparency of the process such as public consultation, and to
public health and safety and environmental protection.
‘‘(4) The institution shall post on its website an annual
report containing statistical summaries and case studies of
the fraud and corruption cases pursued by its investigations
unit.
‘‘(5) The institution shall require that any health, education, or poverty-focused loan, credit, grant, document, policy,
or strategy prepared by the institution includes specific outcome
and output indicators to measure results, and that the indicators and results be published periodically during the execution,
and at the completion, of the project or program.
‘‘(6) The institution shall establish a plan and schedule
for conducting regular, independent audits of internal management controls and procedures for meeting operational objectives, complying with Bank policies, and preventing fraud, and
making reports describing the scope and findings of such audits
available to the public.
‘‘(7) The institution shall establish effective procedures for
the receipt, retention, and treatment of: (A) complaints received
by the Bank regarding fraud, accounting, mismanagement,
internal accounting controls, or auditing matters; and (B) the
confidential, anonymous submission by employees of the Bank
of concerns regarding fraud, accounting, mismanagement,
internal accounting controls, or auditing matters.
‘‘(b) Not later than September 1, 2004, and 6 months thereafter,
the Secretary of the Treasury shall submit a report to the appropriate congressional committees describing the actions taken by
each multilateral development institution to implement the policy

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goals described in subsection (a), and any further actions that
need to be taken to fully implement such goals.
‘‘(c) PUBLICATION OF WRITTEN STATEMENTS REGARDING INSPECTION MECHANISM CASES.—No later than 60 calendar days after
a meeting of the Board of Directors of a multilateral development
institution, the Secretary of the Treasury should provide for publication on the website of the Department of the Treasury of any
written statement presented at the meeting by the United States
Executive Director at the institution concerning—
‘‘(1) a project on which a claim has been made to the
inspection mechanism of the institution; or
‘‘(2) a pending inspection mechanism case.
‘‘(d) CONGRESSIONAL BRIEFINGS.—The Secretary of the Treasury
or the designee of the Secretary should brief the appropriate
congressional committees, when requested, on the steps that have
been taken by the United States Executive Director at any multilateral development institution, and by any such institution, to implement the measures described in this section.
‘‘(e) PUBLICATION OF ‘NO’ VOTES AND ABSTENTIONS BY THE
UNITED STATES.—Each month, the Secretary of the Treasury should
provide for posting on the website of the Department of the Treasury
of a record of all ‘no’ votes and abstentions made by the United
States Executive Director at any multilateral development institution on any matter before the Board of Directors of the institution.
‘‘(f) MULTILATERAL DEVELOPMENT INSTITUTION DEFINED.—In
this section, the term ‘multilateral development institution’ shall
have the meaning given in section 1701(c)(3).’’.

Deadline.

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:
22 USC 285bb.

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

‘‘(a) CONTRIBUTION AUTHORITY.—
‘‘(1) IN GENERAL.—The United States Governor of the Bank
may contribute on behalf of the United States an amount
equal to the amount appropriated under subsection (b), pursuant to the resolution of the Bank entitled ‘Seventh Replenishment of the Asian Development Fund’.
‘‘(2) SUBJECT TO APPROPRIATIONS.—Any commitment to
make the contribution authorized by paragraph (1) shall be
effective only to such extent or in such amounts as are provided
in advance in appropriations Acts.
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For
the contribution authorized by subsection (a), there are authorized
to be appropriated such sums as may be necessary for payment
by the Secretary of the Treasury, without fiscal year limitation.’’.
PARTICIPATION IN THE NINTH REPLENISHMENT OF THE RESOURCES OF
THE AFRICAN DEVELOPMENT FUND

SEC. 583. The African Development Fund Act (22 U.S.C. 290g—
290g–15) is amended by adding at the end the following:
22 USC 290g–16.

‘‘SEC. 217. NINTH REPLENISHMENT.

‘‘(a) CONTRIBUTION AUTHORITY.—

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‘‘(1) IN GENERAL.—The United States Governor of the Fund
may contribute on behalf of the United States an amount
equal to the amount appropriated under subsection (b), pursuant to the resolution of the Fund entitled ‘The Ninth General
Replenishment of Resources of the African Development Fund’.
‘‘(2) SUBJECT TO APPROPRIATIONS.—Any commitment to
make the contribution authorized by paragraph (1) shall be
effective only to such extent or in such amounts as are provided
in advance in appropriations Acts.
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For
the contribution authorized by subsection (a), there are authorized
to be appropriated such sums as may be necessary for payment
by the Secretary of the Treasury, without fiscal year limitation.’’.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT
BANK RESTRICTIONS

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

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

SEC. 586. Of the funds appropriated under the headings
‘‘Development Assistance’’ and ‘‘Child Survival and Health Programs Fund’’, not less than $35,000,000 shall be made available
for assistance for Nicaragua.
DISABILITY ACCESS

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

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Standards.

PUBLIC LAW 108–199—JAN. 23, 2004

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

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

President.
Reports.

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

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

Deadline.

REPORT ON ADMISSION OF REFUGEES

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

Deadline.

POST DIFFERENTIALS AND DANGER PAY ALLOWANCES

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

5 USC 5925 note.

REPORT ON AZERBAIJAN

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

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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

22 USC 288f–6.

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

Deadline.
Reports.

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

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

22 USC 7622.

22 USC 7631.

TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC
INITIATIVE

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

22 USC 262p–8.

INDONESIA

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

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President.
Certification.

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PUBLIC LAW 108–199—JAN. 23, 2004

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

114 Stat. 577.

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SEC. 599B. (a) Section 3204(f) of the Emergency Supplemental
Act, 2000 (Public Law 106–246) is amended—

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PUBLIC LAW 108–199—JAN. 23, 2004

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

114 Stat. 576.

22 USC 262r–6.

CPA DETAILEES

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

TITLE VI—MILLENNIUM CHALLENGE
ACT OF 2003
SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Millennium Challenge Act of
2003’’.
SEC. 602. PURPOSES.

Reports.

Deadline.

Millennium
Challenge Act of
2003.
22 USC 7701
note.

22 USC 7701.

The purposes of this title are—
(1) to provide United States assistance for global development through the Millennium Challenge Corporation, as
described in section 604; and
(2) to provide such assistance in a manner that promotes
economic growth and the elimination of extreme poverty and
strengthens good governance, economic freedom, and investments in people.
SEC. 603. DEFINITIONS.

22 USC 7702.

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.

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118 STAT. 212

PUBLIC LAW 108–199—JAN. 23, 2004
(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.

22 USC 7703.

President.

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

(a) ESTABLISHMENT.—There is established in the executive
branch a corporation to be known as the ‘‘Millennium Challenge
Corporation’’ that shall be responsible for carrying out this title.
The Corporation shall be a government corporation, as defined
in section 103 of title 5, United States Code.
(b) CHIEF EXECUTIVE OFFICER.—
(1) IN GENERAL.—There shall be in the Corporation a Chief
Executive Officer who shall be responsible for the management
of the Corporation.
(2) APPOINTMENT.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the Chief Executive Officer shall be appointed by the
President, by and with the advice and consent of the
Senate.
(B) INTERIM CEO.—The members of the Board of Directors described in subsection (c)(3)(A) may designate by
unanimous consent in writing an individual who is an
officer within any Federal department or agency (and who
has been appointed to such position by the President, by
and with the advice and consent of the Senate) to carry
out the duties described in this subsection until the Chief
Executive Officer is appointed pursuant to subparagraph
(A).
(3) RELATIONSHIP TO BOARD.—The Chief Executive Officer
shall report to and be under the direct authority of the Board.
(4) COMPENSATION AND RANK.—
(A) IN GENERAL.—The Chief Executive Officer shall
be compensated at the rate provided for level II of the
Executive Schedule under section 5313 of title 5, United
States Code, and shall have the equivalent rank of Deputy
Secretary.
(B) AMENDMENT.—Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
‘‘Chief Executive Officer, Millennium Challenge Corporation.’’.
(5) AUTHORITIES AND DUTIES.—The Chief Executive Officer
shall be responsible for the management of the Corporation
and shall exercise the powers and discharge the duties of the
Corporation.
(6) AUTHORITY TO APPOINT OFFICERS.—In consultation and
with approval of the Board, the Chief Executive Officer shall
appoint all officers of the Corporation.

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(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.

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PUBLIC LAW 108–199—JAN. 23, 2004
(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.

22 USC 7704.

SEC. 605. AUTHORIZATION OF ASSISTANCE.

(a) ASSISTANCE.—Notwithstanding any other provision of law
(other than a provision of this title), the Board, acting through
the Chief Executive Officer, is authorized to provide assistance
under this section for each country that enters into a Millennium
Challenge Compact with the United States pursuant to section
609 to support policies and programs that advance the progress
of the country in achieving lasting economic growth and poverty
reduction and are in furtherance of the purposes of this title.
(b) FORM OF ASSISTANCE.—Assistance under this section may
be provided in the form of grants, cooperative agreements, or contracts to or with eligible entities described in subsection (c). Assistance under this section may not be provided in the form of loans.
(c) ELIGIBLE ENTITIES.—An eligible entity referred to in subsection (b) is—
(1) the national government of the eligible country;
(2) regional or local governmental units of the country;
or
(3) a nongovernmental organization or a private entity.
(d) APPLICATION.—The Chief Executive Officer, in consultation
with the Board and working with eligible countries selected by
the Board for negotiation of Compacts, should develop and recommend procedures for considering solicited and unsolicited proposals in Compacts prior to an approval of the Compacts by the
Board.
(e) LIMITATIONS.—
(1) PROHIBITION ON MILITARY ASSISTANCE AND TRAINING.—
Assistance under this section may not include military assistance or military training for a country.
(2) PROHIBITION ON ASSISTANCE RELATING TO UNITED STATES
JOB LOSS OR PRODUCTION DISPLACEMENT.—Assistance under

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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) PROHIBITION ON USE OF FUNDS FOR ABORTIONS AND
INVOLUNTARY STERILIZATIONS.—The prohibitions on use of funds
contained in paragraphs (1) through (3) of section 104(f) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)–
(3)) shall apply to funds made available to carry out this section
to the same extent and in the same manner as such prohibitions
apply to funds made available to carry out part I of such
Act. The prohibition on use of funds contained in any provision
of law comparable to the eleventh and fourteenth provisos
under the heading ‘‘Child Survival and Health Programs Fund’’
of division E of Public Law 108–7 (117 Stat. 162) shall apply
to funds made available to carry out this section for fiscal
year 2004.
(f) COORDINATION.—The provision of assistance under this section shall be coordinated with other United States foreign assistance
programs.
SEC. 606. CANDIDATE COUNTRIES.

Applicability.

22 USC 7705.

(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

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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.
22 USC 7706.

SEC. 607. ELIGIBLE COUNTRIES.

(a) DETERMINATION BY THE BOARD.—The Board shall determine
whether a candidate country is an eligible country for purposes
of this section. Such determination shall be based, to the maximum
extent possible, upon objective and quantifiable indicators of a
country’s demonstrated commitment to the criteria in subsection
(b), and shall, where appropriate, take into account and assess
the role of women and girls.
(b) CRITERIA.—A candidate country should be considered to
be an eligible country for purposes of this section if the Board
determines that the country has demonstrated a commitment to—
(1) just and democratic governance, including a demonstrated commitment to—
(A) promote political pluralism, equality, and the rule
of law;
(B) respect human and civil rights, including the rights
of people with disabilities;
(C) protect private property rights;
(D) encourage transparency and accountability of
government; and
(E) combat corruption;
(2) economic freedom, including a demonstrated commitment to economic policies that—
(A) encourage citizens and firms to participate in global
trade and international capital markets;
(B) promote private sector growth and the sustainable
management of natural resources;
(C) strengthen market forces in the economy; and
(D) respect worker rights, including the right to form
labor unions; and

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(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).

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

22 USC 7707.

(a) IDENTIFICATION OF CANDIDATE COUNTRIES.—Not later than
90 days prior to the date on which the Board determines eligible
countries under section 607 for a fiscal year, the Chief Executive
Officer—
(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of all candidate
countries identified under section 606, and all countries that
would be candidate countries if the countries met the requirement contained in section 606(a)(1)(B), for the fiscal year; and
(2) shall publish in the Federal Register the information
contained in the report described in paragraph (1).
(b) IDENTIFICATION OF ELIGIBILITY CRITERIA AND METHODOLOGY.—Not later than 60 days prior to the date on which the
Board determines eligible countries under section 607 for a fiscal
year, the Chief Executive Officer—
(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of the criteria
and methodology described in subsections (a) and (b) of section
607 that will be used to determine eligibility for each candidate
country identified under subsection (a);
(2) shall publish in the Federal Register the information
contained in the report described in paragraph (1); and
(3) may conduct one or more public hearings on the eligibility criteria and methodology.
(c) PUBLIC COMMENT AND CONGRESSIONAL CONSULTATION.—

Deadline.

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Reports.

Federal Register,
publication.
Deadline.

Reports.

Federal Register,
publication.

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Federal Register,
publication.

(1) PUBLIC COMMENT.—The Chief Executive Officer shall,
for the 30-day period beginning on the date of publication
in the Federal Register of the information contained in the
report described in subsection (b)(1), accept public comment
and consider such comment for purposes of determining eligible
countries under section 607.
(2) CONGRESSIONAL CONSULTATION.—The Chief Executive
Officer shall consult with the appropriate congressional committees on the extent to which the candidate countries meet the
criteria described in section 607(b).
(d) IDENTIFICATION OF ELIGIBLE COUNTRIES.—Not later than
5 days after the date on which the Board determines eligible countries under section 607 for a fiscal year, the Chief Executive
Officer—
(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of all such
eligible countries, an identification of those countries on such
list with respect to which the Board will seek to enter into
a Compact under section 609, and a justification for such eligibility determination and selection for Compact negotiation; and
(2) shall publish in the Federal Register the information
contained in the report described in paragraph (1).

22 USC 7708.

SEC. 609. MILLENNIUM CHALLENGE COMPACT.

Deadline.

Reports.

(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;

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PUBLIC LAW 108–199—JAN. 23, 2004

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 marketdriven 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.

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118 STAT. 220

Deadline.

Reports.

Federal Register,
publication.

Deadlines.
22 USC 7709.

(f) COORDINATION WITH OTHER DONORS.—To the maximum
extent feasible, activities undertaken to achieve the objectives of
the Compact shall be undertaken in coordination with the assistance
activities of other donors.
(g) ASSISTANCE FOR DEVELOPMENT OF COMPACT.—Notwithstanding subsection (a), the Chief Executive Officer may enter into
contracts or make grants for any eligible country for the purpose
of facilitating the development and implementation of the Compact
between the United States and the country.
(h) REQUIREMENT FOR APPROVAL BY THE BOARD.—Each Compact shall be approved by the Board before the United States
enters into the Compact.
(i) INCREASE OR EXTENSION OF ASSISTANCE UNDER A COMPACT.—Not later than 15 days after making a determination to
increase or extend assistance under a Compact with an eligible
country, the Board, acting through the Chief Executive Officer—
(1) shall prepare and transmit to the appropriate congressional committees a written report and justification that contains a detailed summary of the proposed increase in or extension of assistance under the Compact and a copy of the full
text of the amendment to the Compact; and
(2) shall publish a detailed summary, full text, and justification of the proposed increase in or extension of assistance
under the Compact in the Federal Register and on the Internet
website of the Corporation.
(j) DURATION OF COMPACT.—The duration of a Compact shall
not exceed 5 years.
(k) SUBSEQUENT COMPACTS.—An eligible country and the
United States may enter into and have in effect only one Compact
at any given time under this section. An eligible country and
the United States may enter into one or more subsequent Compacts
in accordance with the requirements of this title after the expiration
of the existing Compact.
SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT.

(a) CONGRESSIONAL CONSULTATION
TIATIONS.—Not later than 15 days prior

Notification.

Federal Register,
publication.

22 USC 7710.

PUBLIC LAW 108–199—JAN. 23, 2004

PRIOR TO COMPACT NEGOto the start of negotiations
of a Compact with an eligible country, the Board, acting through
the Chief Executive Officer—
(1) shall consult with the appropriate congressional committees with respect to the proposed Compact negotiation; and
(2) shall identify the objectives and mechanisms to be used
for the negotiation of the Compact.
(b) CONGRESSIONAL AND PUBLIC NOTIFICATION AFTER ENTERING
INTO A COMPACT.—Not later than 10 days after entering into a
Compact with an eligible country, the Board, acting through the
Chief Executive Officer—
(1) shall provide notification of the Compact to the appropriate congressional committees, including a detailed summary
of the Compact and a copy of the text of the Compact; and
(2) shall publish such detailed summary and the text of
the Compact in the Federal Register and on the Internet
website of the Corporation.
SEC. 611. SUSPENSION AND TERMINATION OF ASSISTANCE.

(a) SUSPENSION AND TERMINATION OF ASSISTANCE.—After consultation with the Board, the Chief Executive Officer may suspend

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PUBLIC LAW 108–199—JAN. 23, 2004

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 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.

VerDate 11-MAY-2000

Deadline.
Reports.

SEC. 612. DISCLOSURE.

22 USC 7711.

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

Public
information.

SEC. 613. ANNUAL REPORT.

22 USC 7712.

(a) REPORT.—Not later than March 31, 2005, and each March
31 thereafter, the President shall submit to Congress a report

Deadline.

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Federal Register,
publication.

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118 STAT. 222

PUBLIC LAW 108–199—JAN. 23, 2004

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.
22 USC 7713.

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

(a) POWERS.—The Corporation—
(1) shall have perpetual succession unless dissolved by
a law enacted after the date of the enactment of this Act;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may make and perform such contracts, grants, and
other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Corporation;
(4) may determine and prescribe the manner in which
its obligations shall be incurred and its expenses allowed and
paid, including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve,
and use such real property wherever situated, as may be necessary for carrying out the functions of the Corporation;
(6) may accept cash gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible, for
the purpose of carrying out the provisions of this title;
(7) may use the United States mails in the same manner
and on the same conditions as the executive departments;
(8) may contract with individuals for personal services,
who shall not be considered Federal employees for any provision
of law administered by the Office of Personnel Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary
and incident to carrying out this title.
(b) PRINCIPAL OFFICE.—The Corporation shall maintain its principal office in the metropolitan area of Washington, District of
Columbia.
(c) POSITIONS WITH FOREIGN GOVERNMENTS.—When approved
by the Chief Executive Officer, for purposes of implementing a
Compact, employees of the Corporation (including individuals
detailed to the Corporation) may accept and hold offices or positions

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PUBLIC LAW 108–199—JAN. 23, 2004

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 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).

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118 STAT. 224
22 USC 7714.

PUBLIC LAW 108–199—JAN. 23, 2004

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

(a) REQUIREMENT FOR COORDINATION.—The Chief Executive
Officer shall consult with the Administrator of the United States
Agency for International Development in order to coordinate the
activities of the Corporation with the activities of the Agency.
(b) USAID PROGRAMS.—The Administrator of the United States
Agency for International Development shall seek to ensure that
appropriate programs of the Agency play a primary role in preparing
candidate countries to become eligible countries.
22 USC 7715.

SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.

(a) AUTHORIZATION.—The Board, acting through the Chief
Executive Officer, is authorized to provide assistance to a candidate
country described in subsection (b) for the purpose of assisting
such country to become an eligible country.
(b) CANDIDATE COUNTRY DESCRIBED.—A candidate country
referred to in subsection (a) is a candidate country that—
(1) satisfies the requirements contained in subparagraphs
(A) and (B) of section 606(a)(1); and
(2) demonstrates a significant commitment to meet the
requirements of section 607(b) but fails to meet such requirements (including by reason of the absence or unreliability of
data).
(c) ADMINISTRATION.—Assistance under this section may be provided through the United States Agency for International Development.
(d) FUNDING.—Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section 619(a) for fiscal year 2004 is authorized to be made available
to carry out this section.
22 USC 7716.

Deadline.

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SEC. 617. GENERAL PERSONNEL AUTHORITIES.

(a) DETAIL OF PERSONNEL.—Upon request of the Chief Executive Officer, the head of an agency may detail any employee of
such agency to the Corporation on a reimbursable basis. Any
employee so detailed remains, for the purpose of preserving such
employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.
(b) REEMPLOYMENT RIGHTS.—
(1) IN GENERAL.—An employee of an agency who is serving
under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency,
transfers to the Corporation, is entitled to be reemployed in
such employee’s former position or a position of like seniority,
status, and pay in such agency, if such employee—
(A) is separated from the Corporation for any reason,
other than misconduct, neglect of duty, or malfeasance;
and
(B) applies for reemployment not later than 90 days
after the date of separation from the Corporation.
(2) SPECIFIC RIGHTS.—An employee who satisfies paragraph
(1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and,
on reemployment, is entitled to at least the rate of basic pay
to which such employee would have been entitled had such
employee never transferred.

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PUBLIC LAW 108–199—JAN. 23, 2004

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. PERSONNEL OUTSIDE THE UNITED STATES.

22 USC 7717.

(a) ASSIGNMENT TO UNITED STATES EMBASSIES.—An employee
of the Corporation, including an individual detailed to or contracted
by the Corporation, may be assigned to a United States diplomatic
mission or consular post or a United States Agency for International
Development field mission.
(b) PRIVILEGES AND IMMUNITIES.—The Secretary of State shall
seek to ensure that an employee of the Corporation, including
an individual detailed to or contracted by the Corporation, and
the members of the family of such employee, while the employee
is performing duties in any country or place outside the United
States, enjoy the privileges and immunities that are enjoyed by
a member of the Foreign Service, or the family of a member of
the Foreign Service, as appropriate, of comparable rank and salary
of such employee, if such employee or a member of the family
of such employee is not a national of or permanently resident
in such country or place.
(c) RESPONSIBILITY OF CHIEF OF MISSION.—An employee of
the Corporation, including an individual detailed to or contracted
by the Corporation, and a member of the family of such employee,
shall be subject to section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927) in the same manner as United States Government
employees while the employee is performing duties in any country
or place outside the United States if such employee or member
of the family of such employee is not a national of or permanently
resident in such country or place.
SEC. 619. AUTHORIZATION OF APPROPRIATIONS.

22 USC 7718.

(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.

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118 STAT. 226

PUBLIC LAW 108–199—JAN. 23, 2004

Deadline.

(2) NOTIFICATION.—The Corporation shall notify the appropriate congressional committees not less than 15 days prior
to an allocation or transfer of funds pursuant to paragraph
(1).
This division may be cited as the ‘‘Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004’’.

Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2004.

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

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

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

Department of
Labor
Appropriations
Act, 2004.

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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.

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118 STAT. 228

PUBLIC LAW 108–199—JAN. 23, 2004
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.

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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 welfareto-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

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118 STAT. 230

PUBLIC LAW 108–199—JAN. 23, 2004

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.

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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 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

26 USC 9501
note.

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

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118 STAT. 232
29 USC 670 note.

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

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MINE SAFETY

AND

118 STAT. 233

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

OF

30 USC 962.

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.

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PUBLIC LAW 108–199—JAN. 23, 2004
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES

33 USC 921 note.

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

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

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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 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—

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Notification.

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118 STAT. 236

Ohio.
Real property.

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(1) it is projected that the Department of Labor, in conjunction with labor, industry, and the National Institute for Occupational Safety and Health, will be undertaking several months
of testing on Personal Dust Monitor production prototypes;
and
(2) the testing of Personal Dust Monitor prototypes is set
to begin (by late May or early June of 2004) following the
scheduled delivery of the Personal Dust Monitors in May 2004.
(b) RE-PROPOSAL OF RULE.—Following the successful demonstration of Personal Dust Monitor technology, and if the Secretary
of Labor makes a determination that Personal Dust Monitors can
be effectively applied in a regulatory scheme, the Secretary of
Labor shall re-propose a rule on respirable coal dust which incorporates the use of Personal Dust Monitors, and, if such rule is
re-proposed, the Secretary shall comply with the regular procedures
applicable to Federal rulemaking.
SEC. 107. The Secretary of Labor shall transfer, without charge
or consideration, to Hamilton County, Ohio all rights, title, and
interest (including all Federal equity) the United States holds in
the real property located at 1916 Central Parkway, Cincinnati,
Ohio to the extent such rights, title, or interest were acquired
through grants to the State of Ohio under title III of the Social
Security Act or the Wagner-Peyser Act or acquired through funds
distributed to the State of Ohio under section 903 of the Social
Security Act.
SEC. 108. FAIR LABOR STANDARDS ACT WOODWORKING EXEMPTION. Section 13(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(c)) is amended by adding at the end the following:
‘‘(7)(A)(i) Subject to subparagraph (B), in the administration
and enforcement of the child labor provisions of this Act, it shall
not be considered oppressive child labor for a new entrant into
the workforce to be employed inside or outside places of business
where machinery is used to process wood products.
‘‘(ii) In this paragraph, the term ‘new entrant into the workforce’
means an individual who—
‘‘(I) is under the age of 18 and at least the age of 14,
and
‘‘(II) by statute or judicial order is exempt from compulsory
school attendance beyond the eighth grade.
‘‘(B) The employment of a new entrant into the workforce
under subparagraph (A) shall be permitted—
‘‘(i) if the entrant is supervised by an adult relative of
the entrant or is supervised by an adult member of the same
religious sect or division as the entrant;
‘‘(ii) if the entrant does not operate or assist in the operation
of power-driven woodworking machines;
‘‘(iii) if the entrant is protected from wood particles or
other flying debris within the workplace by a barrier appropriate to the potential hazard of such wood particles or flying
debris or by maintaining a sufficient distance from machinery
in operation; and
‘‘(iv) if the entrant is required to use personal protective
equipment to prevent exposure to excessive levels of noise and
saw dust.’’.
This title may be cited as the ‘‘Department of Labor Appropriations Act, 2004’’.

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PUBLIC LAW 108–199—JAN. 23, 2004

118 STAT. 237

TITLE II—DEPARTMENT OF HEALTH AND HUMAN
SERVICES
HEALTH RESOURCES

AND

SERVICES ADMINISTRATION

Department of
Health and
Human Services
Appropriations
Act, 2004.

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
XXVI of the Public Health Service Act, section 427(a) of the Federal
Coal Mine Health and Safety Act, title V (including section 510),
and sections 1128E, 711 and 1820 of the Social Security Act, the
Health Care Quality Improvement Act of 1986, as amended, the
Native Hawaiian Health Care Act of 1988, as amended, the Cardiac
Arrest Survival Act of 2000, and the Poison Control Center
Enhancement and Awareness Act, $6,698,437,000, of which
$367,563,000 shall be available for construction and renovation
(including equipment) of health care and other facilities, abstinence
education and related services, and other health-related activities
as specified in the statement of the managers on the conference
report accompanying this Act, and of which $39,740,000 from general revenues, notwithstanding section 1820(j) of the Social Security
Act, shall be available for carrying out the Medicare rural hospital
flexibility grants program under section 1820 of such Act: Provided,
That of the funds made available under this heading, $250,000
shall be available until expended for facilities renovations at the
Gillis W. Long Hansen’s Disease Center: Provided further, That
in addition to fees authorized by section 427(b) of the Health Care
Quality Improvement Act of 1986, fees shall be collected for the
full disclosure of information under the Act sufficient to recover
the full costs of operating the National Practitioner Data Bank,
and shall remain available until expended to carry out that Act:
Provided further, That fees collected for the full disclosure of
information under the ‘‘Health Care Fraud and Abuse Data Collection Program’’, authorized by section 1128E(d)(2) of the Social Security Act, shall be sufficient to recover the full costs of operating
the program, and shall remain available until expended to carry
out that Act: Provided further, That $25,000,000 of the funding
provided for community health centers shall be used for base grant
adjustments for existing centers: Provided further, That no more
than $4,850,000 is available for carrying out the provisions of
section 233(o) of title 42, United States Code, including associated
administrative expenses: Provided further, That no more than
$45,000,000 is available for carrying out the provisions of Public
Law 104–73: Provided further, That $10,000,000 is available until
expended to establish a National Cord Blood Stem Cell Bank Program as described in the statement of the managers on the conference report accompanying this Act: Provided further, That of
the funds made available under this heading, $280,000,000 shall
be for the program under title X of the Public Health Service
Act to provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended
for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office: Provided further, That $753,317,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Public

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Family planning.

Abortion.

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Grants.
Abstinence.

PUBLIC LAW 108–199—JAN. 23, 2004

Health Service Act: Provided further, That in addition to amounts
provided herein, $25,000,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry
out parts A, B, C, and D of title XXVI of the Public Health Service
Act to fund section 2691 Special Projects of National Significance:
Provided further, That notwithstanding section 502(a)(1) of the
Social Security Act, not to exceed $121,130,000 is available for
carrying out special projects of regional and national significance
pursuant to section 501(a)(2) of such Act: Provided further, That
$70,488,000 is available for special projects of regional and national
significance under section 501(a)(2) of the Social Security Act, which
shall not be counted toward compliance with the allocation required
in section 502(a)(1) of such Act, and which shall be used only
for making competitive grants to provide abstinence education (as
defined in section 510(b)(2) of such Act) to adolescents and for
Federal costs of administering the grants: Provided further, That
grants under the immediately preceding proviso shall be made
only to public and private entities which agree that, with respect
to an adolescent to whom the entities provide abstinence education
under such grant, the entities will not provide to that adolescent
any other education regarding sexual conduct, except that, in the
case of an entity expressly required by law to provide health
information or services the adolescent shall not be precluded from
seeking health information or services from the entity in a different
setting than the setting in which the abstinence education was
provided: Provided further, That in addition to amounts provided
herein for abstinence education to adolescents, $4,500,000 shall
be available from amounts available under section 241 of the Public
Health Service Act to carry out evaluations (including longitudinal
evaluations) of adolescent pregnancy prevention approaches.
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

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

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

FOR

DISEASE CONTROL

AND

PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and
XXVI of the Public Health Service Act, sections 101, 102, 103,
201, 202, 203, 301, and 501 of the Federal Mine Safety and Health
Act of 1977, sections 20, 21, and 22 of the Occupational Safety

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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 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 longterm 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

Notification.

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.

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118 STAT. 240

PUBLIC LAW 108–199—JAN. 23, 2004
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.

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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.

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118 STAT. 242

PUBLIC LAW 108–199—JAN. 23, 2004
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.

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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

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118 STAT. 244

PUBLIC LAW 108–199—JAN. 23, 2004

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

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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 MidValley 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

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PUBLIC LAW 108–199—JAN. 23, 2004

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–

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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:

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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

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grant funds by a State to an eligible entity as provided under
the Act, and have not been expended by such entity, they shall
remain with such entity for carryover into the next fiscal year
for expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish procedures
regarding the disposition of intangible property which permits grant
funds, or intangible assets acquired with funds authorized under
section 680 of the Community Services Block Grant Act, as
amended, to become the sole property of such grantees after a
period of not more than 12 years after the end of the grant for
purposes and uses consistent with the original grant: Provided
further, That funds appropriated for section 680(a)(2) of the Community Services Block Grant Act, as amended, shall be available
for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corporations: Provided further, That $89,978,000 shall be for
activities authorized by the Runaway and Homeless Youth Act,
notwithstanding the allocation requirements of section 388(a) of
such Act, of which $40,505,000 is for the transitional living program:
Provided further, That $48,000,000 is for a compassion capital fund
to provide grants to charitable organizations to emulate model
social service programs and to encourage research on the best
practices of social service organizations: Provided further, That
$15,000,000 shall be for activities authorized by the Help America
Vote Act of 2002, of which $10,000,000 shall be for payments
to States to promote disabled voter access, and of which $5,000,000
shall be for payments to States for disabled voters protection and
advocacy systems.

Procedures.
42 USC 9921
note.

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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 Departmentwide 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.

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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

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118 STAT. 252

Reports.

PUBLIC LAW 108–199—JAN. 23, 2004

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

Notification.

Notification.

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OF FUNDS)

SEC. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the current
fiscal year for the Department of Health and Human Services
in this Act may be transferred between appropriations, but no
such appropriation shall be increased by more than 3 percent by
any such transfer: Provided, That an appropriation may be
increased by up to an additional 2 percent subject to approval
by the House and Senate Committees on Appropriations: Provided
further, That the Appropriations Committees of both Houses of
Congress are notified at least 15 days in advance of any transfer.
SEC. 208. The Director of the National Institutes of Health,
jointly with the Director of the Office of AIDS Research, may
transfer up to 3 percent among institutes, centers, and divisions
from the total amounts identified by these two Directors as funding
for research pertaining to the human immunodeficiency virus: Provided, That the Congress is promptly notified of the transfer.
SEC. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related to
the human immunodeficiency virus, as jointly determined by the
Director of the National Institutes of Health and the Director of
the Office of AIDS Research, shall be made available to the ‘‘Office
of AIDS Research’’ account. The Director of the Office of AIDS
Research shall transfer from such account amounts necessary to
carry out section 2353(d)(3) of the Public Health Service Act.
SEC. 210. None of the funds appropriated in this Act may
be made available to any entity under title X of the Public Health

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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

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118 STAT. 254

Reports.
Deadline.

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PUBLIC LAW 108–199—JAN. 23, 2004

laws prohibiting the sale of tobacco products to individuals under
18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State’s substance
abuse block grant allocation for each percentage point by which
the State misses the retailer compliance rate goal established by
the Secretary of Health and Human Services under section 1926
of such Act.
(c) The State is to maintain State expenditures in fiscal year
2004 for tobacco prevention programs and for compliance activities
at a level that is not less than the level of such expenditures
maintained by the State for fiscal year 2003, and adding to that
level the additional funds for tobacco compliance activities required
under subsection (a). The State is to submit a report to the Secretary
on all fiscal year 2003 State expenditures and all fiscal year 2004
obligations for tobacco prevention and compliance activities by program activity by July 31, 2004.
(d) The Secretary shall exercise discretion in enforcing the
timing of the State obligation of the additional funds required
by the certification described in subsection (a) as late as July
31, 2004.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926 from
a territory that receives less than $1,000,000.
SEC. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities, including
HIV/AIDS and other infectious disease, chronic and environmental
disease, and other health activities abroad during fiscal year 2004,
the Secretary of Health and Human Services—
(1) may exercise authority equivalent to that available
to the Secretary of State in section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary
of Health and Human Services shall consult with the Secretary
of State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a manner
consistent with section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927) and other applicable statutes administered
by the Department of State; and
(2) is authorized to provide such funds by advance or
reimbursement to the Secretary of State as may be necessary
to pay the costs of acquisition, lease, alteration, renovation,
and management of facilities outside of the United States for
the use of the Department of Health and Human Services.
The Department of State shall cooperate fully with the Secretary of Health and Human Services to ensure that the Department of Health and Human Services has secure, safe, functional
facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the
purposes established by this Act. The Secretary of Health and
Human Services is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to
make available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as necessary
to conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS and other

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infectious diseases, chronic and environmental diseases, and
other health activities abroad.
SEC. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional management/administrative and occupational health professionals.
SEC. 217. Notwithstanding section 409B(c) of the Public Health
Service Act regarding a limitation on the number of such grants,
funds appropriated in this Act and Acts in fiscal years thereafter
may be expended by the Director of the National Institutes of
Health to award Core Center Grants to encourage the development
of innovative multidisciplinary research and provide training concerning Parkinson’s disease. Each center funded under such grants
shall be designated as a Morris K. Udall Center for Research
on Parkinson’s Disease.
SEC. 218. Not later than 90 days after the date of enactment
of this Act, the Director of the National Institutes of Health shall
submit to the appropriate committees of Congress a report that
shall—
(1) contain the recommendations of the Director concerning
the role of the National Institutes of Health in promoting
the affordability of inventions and products developed with
Federal funds; and
(2) specify whether any circumstances exist to prevent the
Director from promoting the affordability of inventions and
products developed with Federal funds.
SEC. 219. Notwithstanding any other provisions of law, funds
made available under this heading may be used to continue operating the Council on Graduate Medical Education established by
section 301 of Public Law 102–408.
SEC. 220. DESIGNATION OF S ENATOR 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’’.

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42 USC 284f
note.

Deadline.
Reports.

42 USC 294o
note.

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PUBLIC LAW 108–199—JAN. 23, 2004

SEC. 221. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of the National Institutes of Health may use
funds available under section 402(i) of the Public Health Service
Act (42 U.S.C. 282(i)) to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research
in support of the NIH Roadmap Initiative of the Director.
(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director of the National Institutes of Health may
utilize such peer review procedures (including consultation with
appropriate scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical merit.
Such procedures shall apply to such transactions in lieu of the
peer review and advisory council review procedures that would
otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service
Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and
289c).
SEC. 222. Section 307(c) of the Denali Commission Act of 1998
(42 U.S.C. 3121 note) is amended by striking ‘‘is authorized to
make grants’’ and inserting ‘‘is authorized to make interagency
transfers’’.
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2004’’.

Applicability.

TITLE III—DEPARTMENT OF EDUCATION

Department of
Education
Appropriations
Act, 2004.

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

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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

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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).

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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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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available through September 30, 2005, for grants to local educational agencies: Provided further, That funds made available to
local education agencies under this subpart shall be used only
for activities related to establishing smaller learning communities
in high schools.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 4 of part A, part C and
part E of title IV of the Higher Education Act of 1965, as amended,
$14,090,430,000, which shall remain available through September
30, 2005.
The maximum Pell Grant for which a student shall be eligible
during award year 2004–2005 shall be $4,050.

20 USC 1070a
note.

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.

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118 STAT. 262

PUBLIC LAW 108–199—JAN. 23, 2004
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.

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OFFICE FOR CIVIL RIGHTS

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

For expenses necessary for the Office of the Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $47,137,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated under this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(TRANSFER

OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least
15 days in advance of any transfer.
SEC. 305. SPECIAL STUDY OF SIMPLIFICATION OF NEED ANALYSIS
AND APPLICATION FOR TITLE IV AID. (a) STUDY REQUIRED.—The
Advisory Committee on Student Financial Assistance established
by section 491 of the Higher Education Act of 1965 (20 U.S.C.
1098), hereafter in this section referred to as ‘‘the Advisory Committee’’, shall conduct a thorough study of the feasibility of simplifying the need analysis methodology for all Federal student financial
assistance programs and the process of applying for such assistance.
(b) REQUIRED SUBJECTS OF STUDY.—In performing the study,
the Advisory Committee shall, at a minimum, examine the following:

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(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,

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including parents and students, high school guidance counselors, financial aid and other campus administrators, appropriate State administrators, administrators of intervention and
outreach programs, and appropriate officials from the Department of Education.
(2) FORMS DESIGN EXPERT.—With the goal of making significant changes to the form to make the questions more easily
understandable, the Advisory Committee shall consult a forms
design expert to ensure that its recommendations for revision
of the application form would assist in making the form easily
readable and understood by parents, students, and other members of the public.
(3) CONGRESSIONAL CONSULTATION.—The Advisory Committee shall consult on a regular basis with the Committee
on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate in carrying out the feasibility study
required by this subsection.
(4) DEPARTMENTAL CONSULTATION.—The Secretary of Education shall provide such assistance to the Advisory Committee
as is requested and practicable in conducting the study required
by this subsection.
(e) REPORTS.—
(1) INTERIM REPORT.—The Advisory Committee shall, not
later than 6 months after the date of enactment of this Act,
prepare and submit an interim report containing any such
legislative changes as the Advisory Committee recommends
to reform and simplify the needs analysis under part F of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk
et seq.) and forms and other requirements under such title
to the Committee on Education and the Workforce of the House
of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Secretary of Education.
(2) FINAL REPORT.—The Advisory Committee shall, not
later than 1 year after the date of enactment of this Act,
prepare and submit a full final report on the study, including
recommendations for regulatory and administrative changes
required by this section, to the Committee on Education and
the Workforce of the House of Representatives, the Committee
on Health, Education, Labor, and Pensions of the Senate, and
the Secretary of Education.
(f) IMPLEMENTATION.—The Secretary of Education shall consult
with the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate and shall subsequently initiate a
redesign of the form required by section 483 of the Higher Education
Act of 1965 (20 U.S.C. 1090). Such redesign shall include the
testing of alternative simplified versions of the free Federal form.
The Secretary shall keep the Committee on Education and the
Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate fully
and currently informed on the progress of these efforts.
(g) POSTPONEMENT OF TAX TABLE UPDATE PENDING REPORT
AND IMPLEMENTATION.—The Secretary of Education shall not implement or enforce for the award year 2004–2005 the annual update
to the allowances for State and other taxes in the tables used

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Deadline.

PUBLIC LAW 108–199—JAN. 23, 2004

in the Federal needs analysis methodology, as prescribed by the
Secretary on May 30, 2003 (68 Fed. Reg. 32473).
SEC. 306. The Secretary of Education shall treat as timely
filed an application under section 8003 of the Elementary and
Secondary Education Act of 1965 from the local educational agency
for Hydaburg, Alaska, for a payment for fiscal year 2004, and
shall process such application for payment, if the Secretary has
received the fiscal year 2004 application not later than 30 days
after the date of enactment of this Act.
This title may be cited as the ‘‘Department of Education Appropriations Act, 2004’’.
TITLE IV—RELATED AGENCIES
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington and the Armed Forces Retirement Home—Gulfport,
to be paid from funds available in the Armed Forces Retirement
Home Trust Fund, $65,279,000, of which $1,983,000 shall remain
available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home—Washington
and the Armed Forces Retirement Home—Gulfport.
CORPORATION

FOR

NATIONAL

AND

COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

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

FOR

PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which
shall be available within limitations specified by that Act, for the
fiscal year 2006, $400,000,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall
be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That
none of the funds contained in this paragraph shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That for fiscal year 2004, in addition to
the amounts provided above, $50,000,000 shall be for costs related

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to digital program production, development, and distribution, associated with the transition of public broadcasting to digital broadcasting, to be awarded as determined by the Corporation in consultation with public radio and television licensees or permittees,
or their designated representatives: Provided further, That for fiscal
year 2004, in addition to the amounts provided above, $10,000,000
shall be for the costs associated with implementing the first phase
of the next generation interconnection system.
FEDERAL MEDIATION

AND

CONCILIATION SERVICE

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,

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PUBLIC LAW 108–199—JAN. 23, 2004

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,

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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,

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PUBLIC LAW 108–199—JAN. 23, 2004

$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 AfricanAmerican 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

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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 stateof-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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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(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

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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

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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 OldAge 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.

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PUBLIC LAW 108–199—JAN. 23, 2004

SEC. 503. (a) No part of any appropriation contained in this
Act shall be used, other than for normal and recognized executivelegislative 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.

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118 STAT. 277

SEC. 508. (a) None of the funds appropriated under this Act,
and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 509. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
SEC. 510. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.208(a)(2) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 511. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established by section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
SEC. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—

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Abortions.

Embryos.

Drugs and drug
abuse.

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118 STAT. 278

Deadline.
Reports.

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PUBLIC LAW 108–199—JAN. 23, 2004

(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d)
of title 38, United States Code, regarding submission of an
annual report to the Secretary of Labor concerning employment
of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such requirement was applicable to such entity.
SEC. 513. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing
for, or providing for the assignment of, a unique health identifier
for an individual (except in an individual’s capacity as an employer
or a health care provider), until legislation is enacted specifically
approving the standard.
SEC. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
SEC. 515. (a) IN GENERAL.—Amounts made available under
this Act for the administrative and related expenses for departmental management for the Department of Labor, the Department
of Health and Human Services, and the Department of Education
shall be reduced on a pro rata basis by $50,000,000: Provided,
That not later than 15 days after the enactment of this Act, the
Director of the Office of Management and Budget shall report
to the House and Senate Committees on Appropriations the
accounts subject to the pro rata reductions and the amount to
be reduced in each account.
(b) LIMITATION.—The reduction required by subsection (a) shall
not apply to the Food and Drug Administration and the Indian
Health Service.
SEC. 516. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act (20 U.S.C. 9134(f)), as amended by the Children’s
Internet Protections Act, unless such library has made the certifications required by paragraph (4) of such section.
SEC. 517. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act (20 U.S.C. 6777(a)), as amended by the Children’s
Internet Protections Act and the No Child Left Behind Act, unless
the local educational agency with responsibility for such covered
school has made the certifications required by paragraph (2) of
such section.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2004’’.

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PUBLIC LAW 108–199—JAN. 23, 2004

118 STAT. 279

DIVISION F—DEPARTMENTS OF TRANSPORTATION AND
TREASURY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004

Transportation,
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

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118 STAT. 280

PUBLIC LAW 108–199—JAN. 23, 2004

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.

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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Deadline.
Regulations.
5 USC 8335 note.

PUBLIC LAW 108–199—JAN. 23, 2004

amount appropriated under this heading, not to exceed $50,000
may be transferred to the Aircraft Loan Purchase Guarantee Program: Provided further, That not later than March 1, 2004, the
Secretary of Transportation, in consultation with the Administrator
of the Federal Aviation Administration, shall issue final regulations,
pursuant to 5 U.S.C. 8335, establishing an exemption process
allowing individual air traffic controllers to delay mandatory retirement until the employee reaches no later than 61 years of age:
Provided further, That of the funds provided under this heading,
$4,000,000 is available only for recruitment, personnel compensation and benefits, and related costs to raise the level of operational
air traffic control supervisors to the level of 1,726: Provided further,
That none of the funds in this Act may be obligated or expended
to execute or continue to implement a memorandum of understanding or memorandum of agreement (or any revisions thereto)
with representatives of any FAA bargaining unit after January
1, 2004, unless such document is filed in a central registry and
catalogued in an automated, searchable database under the executive direction of appropriate management representatives at FAA
headquarters: Provided further, That none of the funds in this
Act may be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card.
FACILITIES AND EQUIPMENT

(AIRPORT

AND AIRWAY TRUST FUND)

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

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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
(AIRPORT

ON OBLIGATIONS)

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.

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118 STAT. 284

PUBLIC LAW 108–199—JAN. 23, 2004
GENERAL PROVISIONS—FEDERAL AVIATION ADMINISTRATION

49 USC 44502
note.

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SEC. 101. Notwithstanding any other provision of law, airports
may transfer, without consideration, to the Federal Aviation
Administration (FAA) instrument landing systems (along with associated approach lighting equipment and runway visual range equipment) which conform to FAA design and performance specifications,
the purchase of which was assisted by a Federal airport-aid program, airport development aid program or airport improvement
program grant: Provided, That, the Federal Aviation Administration
shall accept such equipment, which shall thereafter be operated
and maintained by FAA in accordance with agency criteria.
SEC. 102. None of the funds in this Act may be used to compensate in excess of 350 technical staff-years under the federally
funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2004.
SEC. 103. None of the funds made available in this Act may
be used for engineering work related to an additional runway at
Louis Armstrong New Orleans International Airport.
SEC. 104. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors
to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space
in airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ‘‘below-market’’ rates for these items or to grant assurances
that require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
SEC. 105. For an airport project that the Administrator of
the Federal Aviation Administration (FAA) determines will add
critical airport capacity to the national air transportation system,
the Administrator is authorized to accept funds from an airport
sponsor, including entitlement funds provided under the ‘‘Grantsin-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.

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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 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 Federalaid 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;

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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;

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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;

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PUBLIC LAW 108–199—JAN. 23, 2004
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;

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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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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SEC. 110. (a) For fiscal year 2004, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid 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

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‘‘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 Federalaid 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 Federalaid 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.

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Deadline.

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(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid Highways shall not apply to obligations:
(1) under section 125 of title 23, United States Code; (2) under
section 147 of the Surface Transportation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981; (4)
under sections 131(b) and 131(j) of the Surface Transportation
Assistance Act of 1982; (5) under sections 149(b) and 149(c) of
the Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991; (7) under section
157 of title 23, United States Code, as in effect on the day before
the date of the enactment of the Transportation Equity Act for
the 21st Century; (8) under section 105 of title 23, United States
Code (but, only in an amount equal to $639,000,000 for such fiscal
year); and for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century or subsequent public laws for multiple
years or to remain available until used, but only to the extent
that such obligation authority has not lapsed or been used.
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall after August 1
for such fiscal year revise a distribution of the obligation limitation
made available under subsection (a) if a State will not obligate
the amount distributed during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in
addition to those previously distributed during that fiscal year
giving priority to those States having large unobligated balances
of funds apportioned under sections 104 and 144 of title 23, United
States Code, section 160 (as in effect on the day before the enactment of the Transportation Equity Act for the 21st Century) of
title 23, United States Code, and under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1943–1945).
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall apply
to transportation research programs carried out under chapter 5
of title 23, United States Code, except that obligation authority
made available for such programs under such limitation shall
remain available for a period of 3 fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later
than 30 days after the date of the distribution of obligation limitation under subsection (a), the Secretary shall distribute to the
States any funds: (1) that are authorized to be appropriated for
such fiscal year for Federal-aid highways programs (other than
the program under section 160 of title 23, United States Code)
and for carrying out subchapter I of chapter 311 of title 49, United
States Code, and highway-related programs under chapter 4 of
title 23, United States Code; and (2) that the Secretary determines
will not be allocated to the States, and will not be available for
obligation, in such fiscal year due to the imposition of any obligation
limitation for such fiscal year. Such distribution to the States shall
be made in the same ratio as the distribution of obligation authority
under subsection (a)(6). The funds so distributed shall be available
for any purposes described in section 133(b) of title 23, United
States Code.
(f) SPECIAL RULE.—Obligation limitation distributed for a fiscal
year under subsection (a)(4) of this section for a section set forth

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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 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

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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 Federalaid 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

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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. Notwithstanding Public Law 105–178, section
5208(d), Intelligent Transportation Systems appropriations for—
(1) Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, in
Public Law 105–277 and Public Law 106–69 shall be available
for use in the counties of Ashland, Barron, Bayfield, Burnett,
Chippewa, Douglas, Iron, Lincoln, Marathon, Polk, Portage,
Price, Rusk, Sawyer, Taylor, Washburn, Wood, Clark, Langlade,
and Oneida; and
(2) the City of Superior and Douglas County, Wisconsin,
in Public Law 106–69 shall be available for use in the City
of Superior and northern Wisconsin.
SEC. 117. (a) IN GENERAL.—As soon as practicable after the
date of enactment of this Act, the Secretary of Transportation
shall enter into an agreement with the State of Nevada, the State
of Arizona, or both, to provide a method of funding for construction
of a Hoover Dam Bypass Bridge from funds allocated for the Federal
Lands Highway Program under section 202(b) of title 23, United
States Code.
(b) METHODS OF FUNDING.—
(1) The agreement entered into under subsection (a) shall
provide for funding in a manner consistent with the advance
construction and debt instrument financing procedures for Federal-aid highways set forth in section 115 and 122 of title
23, except that the funding source may include funds made
available under the Federal Lands Highway Program.
(2) Eligibility for funding under this subsection shall not
be construed as a commitment, guarantee, or obligation on
the part of the United States to provide for payment of principal
or interest of an eligible debt financing instrument as so defined
in section 122, nor create a right of a third party against
the United States for payment under an eligible debt financing
instrument. The agreement entered into pursuant to subsection
(a) shall make specific reference to this provision of law.
(3) The provisions of this section do not limit the use
of other available funds for which the project referenced in
subsection (a) is eligible.
SEC. 118. Section 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, item number 8, is amended by striking
‘‘To relocate’’ and all that follows through ‘‘Street’’ and inserting
the following, ‘‘For road improvements and non-motorized enhancements in the Detroit East Riverfront, Detroit, Michigan’’.

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Wisconsin.

Contracts.
Nevada.
Arizona.

105 Stat. 2060.

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118 STAT. 296
Michigan.

Michigan.

117 Stat. 413.

Deadline.

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SEC. 119. 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. 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. 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 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

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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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

Reports.

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

(LIQUIDATION

OF CONTRACT AUTHORIZATION)

(LIMITATION

ON OBLIGATIONS)

(HIGHWAY

TRUST FUND)

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

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programs the total obligations for which, in fiscal year 2004, are
in excess of $72,000,000 for programs authorized under 23 U.S.C.
403.
NATIONAL DRIVER REGISTER

(HIGHWAY

TRUST FUND)

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

(LIQUIDATION

OF CONTRACT AUTHORIZATION)

(LIMITATION

ON OBLIGATIONS)

(HIGHWAY

TRUST FUND)

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

SEC. 140. Notwithstanding any other provision of law, States
may use funds provided in this Act under section 402 of title
23, United States Code, to produce and place highway safety public
service messages in television, radio, cinema, and print media,
and on the Internet in accordance with guidance issued by the
Secretary of Transportation: Provided, That any State that uses
funds for such public service messages shall submit to the Secretary
a report describing and assessing the effectiveness of the messages:
Provided further, That $10,000,000 of the funds allocated under
section 157 of title 23, United States Code, shall be used as directed

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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pursuant to the guarantee of the principal amount of obligations
under sections 511 through 513 of such Act, such authority to
exist as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as amended,
no new direct loans or loan guarantee commitments shall be made
using Federal funds for the credit risk premium during fiscal year
2004: Provided further, That no payments of principal or interest
shall be collected during fiscal year 2004 for the direct loan made
to the National Railroad Passenger Corporation under section 502
of such Act.
NEXT GENERATION HIGH-SPEED RAIL

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

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

To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation,
$1,225,000,000, to remain available until September 30, 2004: Provided, That the Secretary of Transportation shall approve funding
to cover operating losses and capital expenditures, including
advance purchase orders, for the National Railroad Passenger Corporation only after receiving and reviewing a grant request for
each specific train route: Provided further, That each such grant
request shall be accompanied by a detailed financial analysis, revenue projection, and capital expenditure projection justifying the
Federal support to the Secretary’s satisfaction: Provided further,
That the Secretary of Transportation shall reserve $60,000,000
of the funds provided under this heading and is authorized to
transfer such sums to the Surface Transportation Board, upon
request from said Board, to carry out directed service orders issued
pursuant to section 11123 of title 49, United States Code, to respond
to the cessation of commuter rail operations by the National Railroad Passenger Corporation: Provided further, That the Secretary
of Transportation shall make the reserved funds available to the
National Railroad Passenger Corporation through an appropriate
grant instrument during the fourth quarter of fiscal year 2004
to the extent that no directed service orders have been issued
by the Surface Transportation Board as of the date of transfer
or there is a balance of reserved funds not needed by the Board
to pay for any directed service order issued through September
30, 2004: Provided further, That not later than 60 days after enactment of this Act, Amtrak shall transmit, in electronic format, to
the Secretary of Transportation, the House and Senate Committees
on Appropriations, the House Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science,
and Transportation a comprehensive business plan approved by
the Board of Directors for fiscal year 2005 under section 24104(a)

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Deadline.

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Deadlines.
Reports.

Public
information.

PUBLIC LAW 108–199—JAN. 23, 2004

of title 49, United States Code: Provided further, That the business
plan shall include, as applicable, targets for ridership, revenues,
and capital and operating expenses: Provided further, That the
plan shall also include a separate accounting of such targets for
the Northeast Corridor; commuter service; long-distance Amtrak
service; state-supported service; each intercity train route; including
Autotrain; and commercial activities including contract operations
and mail and express: Provided further, That the business plan
shall include a description of the work to be funded, along with
cost estimates and an estimated timetable for completion of the
projects covered by this business plan: Provided further, That not
later than December 1, 2003 and no later than 30 days following
the last business day of the previous month thereafter, Amtrak
shall submit to the Secretary of Transportation and the House
and Senate Committees on Appropriations a supplemental report,
in electronic format, regarding the pending business plan, which
shall describe the work completed to date, any changes to the
business plan, and the reasons for such changes: Provided further,
That none of the funds in this Act may be used for operating
expenses, including advance purchase orders, and capital projects
not approved by the Secretary of Transportation nor on the National
Railroad Passenger Corporation’s fiscal year 2004 business plan:
Provided further, That Amtrak shall display the business plan
and all subsequent supplemental plans on the Corporation’s website
within a reasonable timeframe following their submission to the
appropriate entities: Provided further, That none of the funds under
this heading may be obligated or expended until the National
Railroad Passenger Corporation agrees to continue abiding by the
provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary
of conditions for the direct loan agreement of June 28, 2002, in
the same manner as in effect on the date of enactment of this
Act.
GENERAL PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 150. To authorize the Surface Transportation Board to
direct the continued operation of certain commuter rail passenger
transportation operations in emergency situations, and for other
purposes:
(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)—

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(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. 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

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Procedures.
49 USC 24101
note.

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PUBLIC LAW 108–199—JAN. 23, 2004

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

Reports.

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

(INCLUDING

TRANSFER OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, and section 3038 of Public Law 105–178,
$767,800,000, to remain available until expended: Provided, That
no more than $3,839,000,000 of budget authority shall be available
for these purposes: Provided further, That notwithstanding section
3008 of Public Law 105–178, $50,000,000 of the funds to carry

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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

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PUBLIC LAW 108–199—JAN. 23, 2004

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;

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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

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118 STAT. 308

PUBLIC LAW 108–199—JAN. 23, 2004

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

49 USC 5338
note.

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SEC. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 161. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Capital
investment grants’’ for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30,
2006, and other recoveries, shall be made available for other projects
under 49 U.S.C. 5309.
SEC. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2003, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 163. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B)
may be used to construct new vessels and facilities, or to improve
existing vessels and facilities, including both the passenger and
vehicle-related elements of such vessels and facilities, and for repair
facilities: Provided, That not more than $3,000,000 of the funds
made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used
by the State of Hawaii to initiate and operate a passenger ferryboat
services demonstration project to test the viability of different intraisland 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.

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SEC. 165. Notwithstanding any other provision of law, unobligated funds made available for a new fixed guideway systems
projects under the heading ‘‘Federal Transit Administration, Capital
Investment Grants’’ in any appropriations Act prior to this Act
may be used during this fiscal year to satisfy expenses incurred
for such projects.
SEC. 166. (a) IN GENERAL.—The Secretary shall establish a
pilot program to determine the benefits of encouraging cooperative
procurement of major capital equipment under sections 5307, 5309,
and 5311. The program shall consist of three pilot projects. Cooperative procurements in these projects may be carried out by grantees,
consortiums of grantees, or members of the private sector acting
as agents of grantees.
(b) FEDERAL SHARE.—Notwithstanding any other provision of
law, the Federal share for a grant under this pilot program shall
be 90 percent of the net project cost.
(c) PERMISSIBLE ACTIVITIES.—
(1) DEVELOPING SPECIFICATIONS.—Cooperative specifications may be developed either by the grantees or their agents.
(2) REQUESTS FOR PROPOSALS.—To the extent permissible
under State and local law, cooperative procurements under
this section may be carried out, either by the grantees or
their agents, by issuing one request for proposal for each
cooperative procurement, covering all agencies that are participating in the procurement.
(3) BEST AND FINAL OFFERS.—The cost of evaluating best
and final offers either by the grantees or their agents, is an
eligible expense under this program.
(d) TECHNOLOGY.—To the extent feasible, cooperative procurements under this section shall maximize use of Internet-based
software technology designed specifically for transit buses and other
major capital equipment to develop specifications; aggregate equipment requirements with other transit agencies; generate cooperative
request for proposal packages; create cooperative specifications; and
automate the request for approved equals process.
(e) ELIGIBLE EXPENSES.—The cost of the permissible activities
under (c) and procurement under (d) are eligible expenses under
the pilot program.
(f) PROPORTIONATE CONTRIBUTIONS.—Cooperating agencies may
contribute proportionately to the non-Federal share of any of the
eligible expenses under (e).
(g) OUTREACH.—The Secretary shall conduct outreach on
cooperative procurement. Under this program the Secretary shall:
(1) offer technical assistance to transit agencies to facilitate the
use of cooperative procurement of major capital equipment; and
(2) conduct seminars and conferences for grantees, nationwide, on
the concept of cooperative procurement of major capital equipment.
(h) REPORT.—Not later than 30 days after delivery of the base
order under each of the pilot projects, the Secretary shall submit
to the House and Senate Committees on Appropriations a report
on the results of that pilot project. Each report shall evaluate
any savings realized through the cooperative procurement and the
benefits of incorporating cooperative procurement, as shown by
that project, into the mass transit program as a whole.
SEC. 167. Notwithstanding any other provision of law, new
fixed guideway system funds available for the Yosemite, California,
area regional transportation system project, in the Department

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49 USC 5307
note.

Deadline.

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PUBLIC LAW 108–199—JAN. 23, 2004

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,

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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 nonFederal share under section 5307 may include revenues from the
sale of advertising and concessions: Provided further, That this
provision shall remain in effect until September 30, 2004, or until
the Federal interest in the land, equipment or facilities leased
reaches 80 percent of its fair market value at disposition, whichever
occurs first.
SEC. 173. Notwithstanding any other provision of law, funds
designated to the Pennsylvania Cumberland/Dauphin County Corridor I project in committee reports accompanying this Act may
be available to the recipient for any project activities authorized
under sections 5307 and 5309 of title 49, United States Code.
SEC. 174. To the extent that funds provided by the Congress
for the Memphis Medical Center light rail extension project through
the section 5309 ‘‘new fixed guideway systems’’ program remain
available upon the closeout of the project, Federal Transit Administration is directed to permit the Memphis Area Transit Authority
to use all of those funds for planning, engineering, design, construction or acquisition projects pertaining to the Memphis Regional
Rail Plan. Such funds shall remain available until expended.
SEC. 175. Section 30303(d)(3) of the Transportation Equity Act
for the 21st Century (Public Law 105–178) is amended by inserting
at the end:
‘‘(D) Memphis-Shelby International Airport intermodal
facility.’’.
SEC. 176. For fiscal year 2004, section 3027 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5307 note; 112
Stat. 366), as amended, is amended by adding at the end the
following:
‘‘(3) SERVICES FOR ELDERLY AND PERSONS WITH DISABILITIES.—In addition to assistance made available under paragraph (1), the Secretary may provide assistance under section
5307 of title 49, United States Code, to a transit provider
that operates 25 or fewer vehicles in an urbanized area with
a population of at least 200,000 to finance the operating costs
of equipment and facilities used by the transit provider in
providing mass transportation services to elderly and persons
with disabilities, provided that such assistance to all entities
shall not exceed $10,000,000 annually.’’.
SEC. 177. None of the funds in this Act shall be available
to any Federal transit grantee after February 1, 2004, involved
directly or indirectly, in any activity that promotes the legalization
or medical use of any substance listed in schedule I of section
202 of the Controlled Substances Act (21 U.S.C. 812 et seq.).

Termination
date.

112 Stat. 379.

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.

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PUBLIC LAW 108–199—JAN. 23, 2004
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

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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
(OIL

SAFETY FUND)

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.

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118 STAT. 314

PUBLIC LAW 108–199—JAN. 23, 2004
OFFICE

OF INSPECTOR

GENERAL

SALARIES AND EXPENSES

Air carriers.

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

For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $19,521,000: Provided, That notwithstanding any other provision of law, not to
exceed $1,050,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollarfor-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

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PUBLIC LAW 108–199—JAN. 23, 2004

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.

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118 STAT. 316

PUBLIC LAW 108–199—JAN. 23, 2004
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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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118 STAT. 318

PUBLIC LAW 108–199—JAN. 23, 2004

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

26 USC 7804
note.

Procedures.
26 USC 6103
note.

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SEC. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
SEC. 202. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers’ rights, in dealing courteously
with the taxpayers, and in cross-cultural relations.
SEC. 203. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the confidentiality of taxpayer information.
SEC. 204. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facilities and increased manpower to provide sufficient and effective
1–800 help line service for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service

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PUBLIC LAW 108–199—JAN. 23, 2004

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. Within one hundred and eighty days of enactment,
the Secretary of the Treasury shall present to the Congress a
proposal for legislation which would provide transition relief for
older and longer-service participants affected by conversions of their
employers’ traditional pension plans to cash balance pension plans:
Provided, That none of the funds made available in this Act may
be used by the Secretary of the Treasury, or his designee, to
issue any rule or regulation which implements the proposed amendments to Internal Revenue Service regulations set forth in REG–
209500–86 and REG–164464–02, or any amendments reaching
results similar to such proposed amendments.
SEC. 206. STUDY ON EARNED INCOME TAX CREDIT CERTIFICATION PROGRAM. (A) STUDY.—The Internal Revenue Service shall
conduct a study, as a part of any program that requires certification
(including pre-certification) in order to claim the earned income
tax credit under section 32 of the Internal Revenue Code of 1986,
on the following matters:
(1) The costs (in time and money) incurred by the participants in the program.
(2) The administrative costs incurred by the Internal Revenue Service in operating the program.
(3) The percentage of individuals included in the program
who were not certified for the credit, including the percentage
of individuals who were not certified due to—
(A) ineligibility for the credit; and
(B) failure to complete the requirements for certification.
(4) The percentage of individuals to whom paragraph (3)(B)
applies who were—
(A) otherwise eligible for the credit; and
(B) otherwise ineligible for the credit.
(5) The percentage of individuals to whom paragraph (3)(B)
applies who—
(A) did not respond to the request for certification;
and
(B) responded to such request but otherwise failed
to complete the requirements for certification.
(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) REPORT.—

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Deadline.
Proposal.
Pensions.

26 USC 32 note.

Deadlines.

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118 STAT. 320

PUBLIC LAW 108–199—JAN. 23, 2004
(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

Certification.

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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. 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

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PUBLIC LAW 108–199—JAN. 23, 2004

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. 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.

12 USC 5018
note.

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, 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.

3 USC 102 note.

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

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118 STAT. 322

Notices.
Deadlines.

Deadline.
Reports.

Records.

PUBLIC LAW 108–199—JAN. 23, 2004

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, 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 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, 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.

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PUBLIC LAW 108–199—JAN. 23, 2004
COUNCIL

OF

118 STAT. 323

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, 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

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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 suballocation of budget authority or outlays by the Committees on
Appropriations among their subcommittees.
OFFICE

OF

NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES

21 USC 1702
note.

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 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

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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 DrugFree 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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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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
SEVERELY DISABLED

OR

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 onetenth 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.

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PUBLIC LAW 108–199—JAN. 23, 2004
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 nonFederal 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;

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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.

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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, 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.

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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 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

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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

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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

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New Hampshire.

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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) 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.

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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) 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) 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

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Expiration date.

Reports.

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PUBLIC LAW 108–199—JAN. 23, 2004
(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

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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.

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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

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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, 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.

33 USC 776.

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

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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

39 USC 403 note.

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, 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

26 USC 7443
note.

For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $40,187,000: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT
REMEMBRANCE

OF

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).

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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. 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

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Contracts.
Public
information.

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Oklahoma.

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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. 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:

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Provided, 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

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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.

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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. 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

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(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. 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.

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118 STAT. 347

SEC. 544. AMENDMENTS TO OKLAHOMA CITY NATIONAL MEMOACT 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:
RIAL

Oklahoma City
National
Memorial Act
Amendments of
2003.
16 USC 450ss
note.

‘‘SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES,
AND DUTIES.

‘‘(a) TRANSFER OF MEMORIAL PROPERTY.—
‘‘(1) IN GENERAL.—Not 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

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Deadline.
Notification.

16 USC 450ss–4
note.

16 USC 450ss–3
note.

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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 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 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) AUTHORIZATION OF SECRETARY TO REIMBURSE PREVIOUS
COSTS PAID BY FOUNDATION OR TRUST.—To the extent that funds

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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), 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.

117 Stat. 418.

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

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31 USC 1343
note.

5 USC 3101 note.

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defined in the Controlled Substances Act) by the officers and
employees of such department, agency, or instrumentality.
SEC. 603. 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-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 605. 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

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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

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118 STAT. 352

5 USC 5343 note.

Regulations.

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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) 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) 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

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extent determined by the Office of Personnel Management to be
consistent with the purpose of this section.
(e) 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 policydetermining 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;

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(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;

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(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. 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

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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

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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. 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, 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

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Breastfeeding.

Reports.
Deadline.

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Abortion.

Deadline.
Reports.

Credit.
5 USC 5701 note.

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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) 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 antidoping agency for Olympic, Pan American, and Paralympic sport
in the United States.
SEC. 636. 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. 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

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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) 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

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Effective date.
5 USC 5303 note.

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Deadline.
Reports.

Public
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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) 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) 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

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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) 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.

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Reports.
31 USC 501 note.

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31 USC 501 note.

31 USC 501 note.

Notification.
Dedline.
Deadline.

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(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 publicprivate competition conducted in accordance with the circular.
(d) 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 publicprivate 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) 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. 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. 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’’.

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PUBLIC LAW 108–199—JAN. 23, 2004

118 STAT. 363

DIVISION G—DEPARTMENTS OF VETERANS AFFAIRS
AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004

An Act

Departments of
Veterans Affairs
and Housing and
Urban
Development,
and Independent
Agencies
Appropriations
Act, 2004.

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

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118 STAT. 364

PUBLIC LAW 108–199—JAN. 23, 2004

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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.

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118 STAT. 366

PUBLIC LAW 108–199—JAN. 23, 2004
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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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118 STAT. 368
Reports.

PUBLIC LAW 108–199—JAN. 23, 2004

contract by September 30, 2005: Provided further, 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.

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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. 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

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Termination
date.
31 USC 501 note.

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Contracts.
Reports.
Deadline.

Contracts.

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PUBLIC LAW 108–199—JAN. 23, 2004

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. 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) 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

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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. 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.

Deadline.

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

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Contracts.

Deadline.

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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 projectbased 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 tenantbased 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, 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, 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

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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, 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

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118 STAT. 374

PUBLIC LAW 108–199—JAN. 23, 2004
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, 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, 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, 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.

Notification.
Deadline.

Records.

Deadline.

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

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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 SelfDetermination 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, is amended by striking
‘‘1998, 1999’’.

117 Stat. 486.

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, 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.

42 USC 1437g
note.

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

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118 STAT. 376

PUBLIC LAW 108–199—JAN. 23, 2004

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.

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PUBLIC LAW 108–199—JAN. 23, 2004

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.

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118 STAT. 378

PUBLIC LAW 108–199—JAN. 23, 2004
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

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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 fac¸ade
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’’.

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PUBLIC LAW 108–199—JAN. 23, 2004

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’’.

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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;’’.

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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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 McKinneyVento 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 Welfareto-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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

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118 STAT. 386

PUBLIC LAW 108–199—JAN. 23, 2004

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.

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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

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118 STAT. 388

Lobbying.

PUBLIC LAW 108–199—JAN. 23, 2004

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, 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 leadpoisoned 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

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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, 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, 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, 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 21⁄2 percent.
The tenth proviso under this heading in the Departments of
Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003, 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’’.

Notification.

Records.
42 USC 3549
note.

Procedures.

42 USC 3549
note.

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

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PUBLIC LAW 108–199—JAN. 23, 2004

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

Deadline.

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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, 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.

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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) 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) 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

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Grants.
Intergovernmental
relations.
AIDS.

Michigan.

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Deadline.

State listing.

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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. For fiscal year
2004, HUD shall transmit this information to the Committees by
January 15, 2004, for 30 days of review.
SEC. 210. 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

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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. 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. 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. 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. 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) 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, DelawareMaryland-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the Philadelphia-Camden-Wilmington, PA-NJ-DEMD 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) 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

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Establishment.

Reports.

Effective date.

Reports.
Deadline.
42 USC 1437
note.

AIDS.
Delaware.
New Jersey.

North Carolina.

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118 STAT. 394

112 USC 1715o.

101 Stat. 482.

42 USC 11301.

42 USC 11311,
11317, 11411.

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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. 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) in section 101(b), by striking ‘‘Interagency Council on
the Homeless’’ and inserting ‘‘United States Interagency
Council on Homelessness’’;
(2) 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) 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).

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‘‘(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;

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‘‘(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);

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(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. 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. 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

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Hawaii.
Deadline.

Regulations.
Deadline.

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115 Stat. 678.

Regulations.
42 USC 1437g
note.
Deadline.
Budget.

PUBLIC LAW 108–199—JAN. 23, 2004

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. 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. 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. A final rule shall be
issued no later than July 1, 2004.
SEC. 223. 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

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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 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.

Government
organization.
5 USC app. 8G
note.

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

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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 nonprofit 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,

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PUBLIC LAW 108–199—JAN. 23, 2004

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, 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 inkind contributions provided by the private sector, and shall reduce
the total Federal costs per participant in all programs.

America’s
Promise—The
Alliance for
Youth, Inc.

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.

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118 STAT. 402

PUBLIC LAW 108–199—JAN. 23, 2004

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.

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PUBLIC LAW 108–199—JAN. 23, 2004
DEPARTMENT

OF

HEALTH

AND

NATIONAL INSTITUTES

118 STAT. 403

HUMAN SERVICES
HEALTH

OF

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

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118 STAT. 404

PUBLIC LAW 108–199—JAN. 23, 2004

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’’

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PUBLIC LAW 108–199—JAN. 23, 2004

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 shall be for grants to the State of Alaska to address
drinking water and waste infrastructure needs of rural and Alaska
Native Villages: Provided, 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

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Grants.
Alaska.
Deadline.

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118 STAT. 406

42 USC 300j–12
note.

33 USC 1377
note.

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PUBLIC LAW 108–199—JAN. 23, 2004

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, 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, 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 11⁄2 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

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PUBLIC LAW 108–199—JAN. 23, 2004

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, 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.

Certification.

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

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118 STAT. 408

PUBLIC LAW 108–199—JAN. 23, 2004

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

42 USC 4342
note.

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 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.

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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,

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PUBLIC LAW 108–199—JAN. 23, 2004

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.

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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

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PUBLIC LAW 108–199—JAN. 23, 2004

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.

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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—

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Contracts.
Public
information.
Records.

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(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. 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.

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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. 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. 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, 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

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Lobbying.

Certification.

42 USC 2459f.

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PUBLIC LAW 108–199—JAN. 23, 2004

(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

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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) 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) 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—

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Intergovernmental
relations.

42 USC 7407
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Space Shuttle
Columbia.

California.

Deadlines.
42 USC 7547
note.
Federal Register,
publication.

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(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. 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. 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) 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. 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

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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. PESTICIDE REGISTRATION.
(a) SHORT TITLE.—This 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;

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Pesticide
Registration
Improvement Act
of 2003.
7 USC 136 note.

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‘‘(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 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:

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‘‘(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

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(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 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:

Effective date.
Termination
date.
21 USC 346a
note.

7 USC 136w–8.

‘‘SEC. 33. 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—

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‘‘(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 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.—

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Federal Register,
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Federal Register,
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‘‘(A) IN GENERAL.—Not 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 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) 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.

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‘‘(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) 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) 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 InterRegional 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.

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‘‘(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) 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

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‘‘(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.—

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‘‘(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.—

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‘‘(1) IN GENERAL.—Not 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) 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—

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Federal Register,
publication.

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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 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.

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‘‘(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

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‘‘(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 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.—

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118 STAT. 433

‘‘(1) IN GENERAL.—Except 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 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:

Termination
date.

Termination
date.

‘‘(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.

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‘‘(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.’’.
7 USC 136a note.

Miscellaneous
Appropriations
and Offsets Act,
2004.

(h) EFFECTIVE DATE.—Except 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 APPROPRIATIONS AND
OFFSETS
(INCLUDING
(INCLUDING

RESCISSIONS OF FUNDS)
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.

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(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. 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.

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Establishment.

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(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 later than December 1, 2004, the Commission
shall submit a report to the appropriate committee of Congress

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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:

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Effective date.

Effective date.

10 USC 2302
note.

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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. 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) 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 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

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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) 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. 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. 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

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Reports.
Deadlines.

Federal buildings
and facilities.

Alaska.

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117 Stat. 1836.

50 USC 2601
note.

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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, 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. 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 postclosure 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

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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 CedarsSinai 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’’.

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118 STAT. 442

Effective date.
46 USC 4016
note.
46 USC 10601
note.

Applicability.
42 USC 10601
note.
16 USC 410jjj.

16 USC 1132
note.

117 Stat. 1268.

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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) 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) 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’’ 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) 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 Appropriations Act, 2004 (Public Law 108–108),

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is amended by striking ‘‘any other governmental land management
entity’’ and inserting ‘‘any other land management entity’’.
SEC. 141. 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:

Effective date.

‘‘SEC. 9. TERMINATION OF COMMISSION.

16 USC 461 note.

‘‘The Commission shall terminate on November 18, 2007.’’.
SEC. 142. Title IV of Public Law 108–108 is amended in section
403(b)(4) 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’’ 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 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) 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. 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.

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117 Stat. 1319.

117 Stat. 1294.

117 Stat. 1318.

Applicability.
Reports.

Mississippi.
16 USC 668dd
note.

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(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.’’;

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(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

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Fern Lake
Conservation and
Recreation Act.
Kentucky.
Tennessee.
16 USC 268a.

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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 triballyowned 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 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

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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

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Congress.
2 USC 121g.

Effective date.
Applicability.
2 USC 1820 note.

22 USC 276n.

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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) 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) 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) 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. 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

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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 SenateChina Interparliamentary Group.
(g) 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. 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

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Applicability.

22 USC 276o.

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Applicability.

2 USC 61d–4.

Applicability.
2 USC 95e.

Applicability.

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ending September 30, 2004, $100,000 for the United States SenateRussia Interparliamentary Group.
(g) 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. 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 section shall apply with respect
to fiscal year 2004, and each fiscal year thereafter.
SEC. 156. (a) 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) 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—

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(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. 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 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’’.

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Federal buildings
and facilities.

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25 USC 450 note.

5 USC 552 note.
Alaska.
Grants.

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(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. 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 2000 (Public Law 106–567; 114 Stat. 2865)
is amended by striking ‘‘3 years’’ and inserting ‘‘4 years’’.
SEC. 164. 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

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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,

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$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

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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

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118 STAT. 456

Effective date.
Notification.

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PUBLIC LAW 108–199—JAN. 23, 2004

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 reduced: Provided
further, That the rescissions shall take effect no later than September 30, 2004: Provided further, 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

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PUBLIC LAW 108–199—JAN. 23, 2004

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 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’’.

Deadline.

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.

Æ

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