Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2799 Placed on Calendar Senate (PCS)]

Calendar No. 266
108th CONGRESS
1st Session
H. R. 2799

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

July 24 (legislative day, July 21), 2003

Received

August 1 (legislative day, July 21), 2003

Read the first time

September 2, 2003

Read the second time and placed on the calendar

_______________________________________________________________________

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.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2004, and for other purposes, namely:

TITLE I--DEPARTMENT OF JUSTICE

General Administration

salaries and expenses

For expenses necessary for the administration of the Department of
Justice, $106,664,000, 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 31
permanent positions, 33 full-time equivalent workyears and $3,464,000
shall be expended for the Office of Legislative Affairs: Provided
further, That not to exceed 15 permanent positions, 20 full-time
equivalent workyears and $1,875,000 shall be expended for the Office of
Public Affairs: Provided further, That the latter two aforementioned
offices may utilize non-reimbursable details of career employees within
the caps described in the preceding two provisos: Provided further,
That 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: Provided further, That 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.

identification systems integration

For necessary expenses for the nationwide deployment of a Joint
Automated Booking System and for the planning, development, and
deployment of an integrated fingerprint identification system,
including automated capability to transmit fingerprint and image data,
$20,677,000.

legal activities office automation

For necessary expenses related to the design, development,
engineering, acquisition, and implementation of office automation
systems for the organizations funded under the headings ``Salaries and
Expenses, General Legal Activities'', and ``General Administration,
Salaries and Expenses'', and the United States Attorneys, the United
States Marshals Service, the Antitrust Division, the United States
Trustee Program, the Executive Office for Immigration Review, the
Community Relations Service, the Bureau of Prisons, and the Office of
Justice Programs, $30,136,000: Provided, That, of the funds made
available under this heading, $22,000,000 shall not become available
for obligation until September 15, 2004, and shall remain available
until September 30, 2005.

narrowband communications

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

counterterrorism fund

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

administrative review and appeals

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

detention trustee

For necessary expenses of the Federal Detention Trustee who shall
exercise all power and functions authorized by law relating to the
detention of Federal prisoners in non-Federal institutions or otherwise
in the custody of the United States Marshals Service, $810,125,000, to
remain available until expended: Provided, That the Trustee shall be
responsible for managing the Justice Prisoner and Alien Transportation
System and for overseeing housing related to such detention; the
management of funds appropriated to the Department of Justice for the
exercise of any detention functions; and the direction of the United
States Marshals Service with respect to the exercise of detention
policy setting and operations for the Department: Provided further,
That any unobligated balances available in prior years from the funds
appropriated under the heading ``Federal Prisoner Detention'' shall be
transferred to and merged with the appropriation under the heading
``Detention Trustee'' and shall be available until expended: Provided
further, That the Trustee, working in consultation with the Bureau of
Prisons, shall submit a plan for collecting information related to
evaluating the health and safety of Federal prisoners in non-Federal
institutions no later than 180 days following the enactment of this
Act.

office of inspector general

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$56,245,000, 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, $128,133,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, not to exceed $112,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2004, so as to result in a final fiscal year 2004 appropriation
from the general fund estimated at not more than $16,133,000: Provided
further, That, notwithstanding section 1353 of title 31, United States
Code, no employee of the Antitrust Division may accept, nor may the
Antitrust Division 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
Antitrust Division, or represents a person or corporation subject to
regulation by the Antitrust Division, unless the person or corporation
is an organization exempt from taxation pursuant to section 501(c)(3)
of the Internal Revenue Code of 1986.

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, in addition to reimbursable full-time equivalent workyears
available to the Offices of the United States Attorneys, not to exceed
10,113 positions and 10,298 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the United States
Attorneys.

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, $1,205,000.

salaries and expenses, united states marshals service

For necessary expenses of the United States Marshals Service,
$678,672,000; 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 not to exceed $4,000,000 shall be
available for development, implementation, maintenance and support, and
training for an automated prisoner information system and shall remain
available until expended; of which $2,000,000 shall be available for
the costs of courthouse security equipment, including furnishings,
relocations, and telephone systems and cabling, and shall remain
available until expended; and of which not to exceed $1,371,000 is for
constructing United States Marshals Service prisoner-holding space in
United States Courthouses and Federal buildings: Provided, That, in
addition to reimbursable full-time equivalent workyears available to
the United States Marshals Service, not to exceed 4,240 positions and
4,074 full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Marshals Service.

fees and expenses of witnesses

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

salaries and expenses, community relations service

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

assets forfeiture fund

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

Federal Bureau of Investigation

salaries and expenses

For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 2,454
passenger motor vehicles, of which 1,843 will be for replacement only;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C, $4,576,730,000; 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
$250,000 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 28,378 positions and 26,805 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

For expenses necessary for the Foreign Terrorist Tracking Task
Force, including salaries and expenses, operations, equipment, and
facilities, $61,597,000.

construction

For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects; $1,242,000, to remain
available until expended.

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; 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 detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
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 expended: 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 purchase of not to exceed 822 vehicles for
police-type use, of which 650 shall be for replacement only; not to
exceed $18,000 for official reception and representation expenses; for
training of State and local law enforcement agencies with or without
reimbursement, including training in connection with the training and
acquisition of canines for explosives and fire accelerants detection;
and for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement, $831,199,000, 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); and of which up to
$2,000,000 shall be available for the equipping of any vessel, vehicle,
equipment, or aircraft available for official use by a State or local
law enforcement agency if the conveyance will be used in joint law
enforcement operations with the Bureau and for the payment of overtime
salaries including Social Security and Medicare, travel, fuel,
training, equipment, supplies, and other similar costs of State and
local law enforcement personnel, including sworn officers and support
personnel, that are incurred in joint operations with the Bureau:
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 none of the
funds provided in this Act or any other Act for the enforcement or
implementation of section 923(g)(5) of title 18, United States Code,
shall be expended in a manner that requires any records regarding the
acquisition or disposition of a firearm by a licensee to be submitted
to the Bureau of Alcohol, Tobacco, Firearms, and Explosives by the
licensee unless the records are specifically required during a bona
fide criminal investigation to: (1) determine the disposition of one or
more firearms which are the subject of, or attendant to, the
investigation; or (2) identify an individual offender who is the
subject or target of the investigation: 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 authorized or made available under this or any
other Act may be used to deny any application for a license under
section 923 of title 18, United States Code, or renewal of such a
license due to a lack of business activity, provided that the applicant
is otherwise eligible to receive such a license, and is eligible to
report business income or to claim an income tax deduction for business
expenses under the Internal Revenue Code of 1986: Provided further,
That no funds under this Act may be used to electronically retrieve
information gathered pursuant to 18 U.S.C. 923(g)(4) by name or any
personal identification code: Provided further, That subparagraphs (A)
and (B) of 28 U.S.C. 530C(b)(2), are amended by inserting ``for the
Bureau of Alcohol, Tobacco, Firearms and Explosives,'' after ``Marshals
Service,'' in each subparagraph.

Federal Prison System

salaries and expenses

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

buildings and facilities

For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$202,840,000, to remain available until expended, of which not to
exceed $14,000,000 shall be available to construct areas for inmate
work programs: Provided, That labor of United States prisoners may be
used for work performed under this appropriation: Provided further,
That not to exceed 10 percent of the funds appropriated to ``Buildings
and Facilities'' in this or any other Act may be transferred to
``Salaries and Expenses'', Federal Prison System, upon notification by
the Attorney General to the Committees on Appropriations of the House
of Representatives and the Senate in compliance with provisions set
forth in section 605 of this Act.

federal prison industries, incorporated

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

limitation on administrative expenses, federal prison industries,
incorporated

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

Office of Justice Programs

justice assistance

For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, the Missing Children's Assistance Act, including salaries and
expenses in connection therewith, the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public Law
108-21), and the Victims of Crime Act of 1984, $209,131,000, 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; $1,640,861,000 (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) $400,000,000 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: Provided, That
funding shall be available for the purposes authorized by part
E of title I of the 1968 Act: Provided further, That no funds
provided under this heading may be used as matching funds for
any other Federal grant program, of which--
(A) $80,000,000 shall be for Boys and Girls Clubs
in public housing facilities and other areas in
cooperation with State and local law enforcement, as
authorized by section 401 of Public Law 104-294 (42
U.S.C. 13751 note): Provided, That funds may also be
used to defray the costs of indemnification insurance
for law enforcement officers;
(B) $20,000,000 shall be available for grants,
contracts, and other assistance to carry out section
102(c) of H.R. 728; and
(C) $5,000,000 for USA Freedom Corps activities;
(2) $400,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration and
Nationality Act;
(3) $2,500,000 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) $13,000,000 for assistance to Indian tribes, of which--
(A) $8,000,000 shall be available for the Tribal
Courts Initiative; and
(B) $5,000,000 shall be available for demonstration
projects on alcohol and crime in Indian Country;
(5) $615,000,000 for programs authorized by part E of title
I of the 1968 Act, notwithstanding the provisions of section
511 of said Act, of which $115,000,000 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) $70,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by part S of the
1968 Act;
(8) $892,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(9) $55,000,000 for Drug Courts, as authorized by Part EE
of title I of the 1968 Act;
(10) $1,487,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the 1968 Act;
(11) $1,982,000 for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by
section 250005(3) of the 1994 Act;
(12) $10,000,000 for a prescription drug monitoring
program;
(13) $60,000,000 for implementation of prison rape
prevention and prosecution programs; and
(14) $1,000,000 for a State and local law enforcement hate
crimes training and technical assistance program:
Provided further, That funds made available in fiscal year 2004 under
subpart 1 of part E of title I of the 1968 Act may be obligated for
programs to assist States in the litigation processing of death penalty
Federal habeas corpus petitions and for drug testing initiatives:
Provided further, That, if a unit of local government uses any of the
funds made available under this title to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform
nonadministrative public safety service.

weed and seed program fund

For necessary expenses to implement ``Weed and Seed'' program
activities, $51,811,000, to remain available until expended, for inter-
governmental agreements, including grants, cooperative agreements, and
contracts, with State and local law enforcement agencies, non-profit
organizations, and agencies of local government engaged in the
investigation and prosecution of violent crimes and drug offenses in
``Weed and Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of Justice and
other Federal agencies which shall be specified by the Attorney General
to execute the ``Weed and Seed'' program strategy: Provided, That funds
designated by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall
be managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel
in support of ``Weed and Seed'' program activities only after the
Attorney General notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section 605 of
this Act.

community oriented policing services

For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (including administrative
costs), $682,993,000, 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 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) $20,662,000 for community policing training and
technical assistance;
(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) $30,000,000 to improve tribal law enforcement including
equipment and training;
(4) $60,000,000 for policing initiatives to combat
methamphetamine production and trafficking and to enhance
policing initiatives in ``drug hot spots'';
(5) $28,315,000 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) $100,000,000 for a law enforcement technology program;
(7) $56,924,000 for grants to upgrade criminal records, as
authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601);
(8) $174,353,000 for a DNA analysis and backlog reduction
formula program, of which--
(A) not less than $35,000,000 shall be for
increasing State and local DNA laboratory capacity; and
(B) $10,000,000 shall be for discretionary
research, demonstration, evaluation, statistics,
technical assistance and training;
(9) $5,000,000 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) $40,000,000 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) $13,504,000 for an offender re-entry program, as
authorized by Public Law 107-273;
(12) $17,000,000 for a police integrity program;
(13) $45,000,000 for Project Safe Neighborhoods to reduce
gun violence, and gang and drug-related crime;
(14) $41,105,000 shall be available to the United States
Marshals Service, of which--
(A) $28,519,000 shall be for the District of
Columbia Superior Court Office; and
(B) $12,586,000 shall be for fugitive apprehension
task forces with State and local law enforcement; and
(15) not to exceed $26,130,000 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 ``General Administration'' account), to remain
available until expended.
Of the amount provided--
(1) $11,897,000 for the court appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $2,281,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(3) $994,000 for grants for televised testimony, as
authorized by part N of the 1968 Act;
(4) $183,334,000 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;
(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; and
(C) $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;
(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;
and
(13) $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, $462,282,000, to
remain available until expended, as follows:
(1) $7,000,000 for concentration of Federal efforts, as
authorized by section 204 of the Act;
(2) $90,000,000 for State and local programs authorized by
section 221 of the Act, including training and technical
assistance to assist small, non-profit organizations with the
Federal grants process;
(3) $40,000,000 for juvenile delinquency prevention block
grants, as authorized by section 241 of the Act;
(4) $7,000,000 for research, evaluation, training and
technical assistance, as authorized by sections 251 and 252 of
the Act;
(5) $50,000,000 for demonstration projects as authorized by
sections 261 and 262 of the Act;
(6) $92,282,000 for delinquency prevention, as authorized
by section 505 of the Act, of which--
(A) $12,500,000 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;
(7) $25,000,000 for Project Childsafe;
(8) $20,000,000 for the Secure Our Schools Act as
authorized by Public Law 106-386;
(9) $20,000,000 for Project Sentry to reduce youth gun
violence, and gang and drug-related crime;
(10) $11,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(11) $100,000,000 for the Juvenile Accountability Block
Grants program as authorized by Public Law 107-273 and Guam
shall be considered a State.

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); $4,000,000, to remain
available until expended for payments as authorized by section 1201(b)
of said Act and $3,500,000 for education assistance, as authorized by
section 1212 of said Act.

General Provisions--Department of Justice

Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $45,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 102. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 103. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 103 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 105. Notwithstanding any other provision of law, not to exceed
$10,000,000 of the funds made available in this Act may be used to
establish and publicize a program under which publicly advertised,
extraordinary rewards may be paid, which shall not be subject to
spending limitations contained in sections 3059 and 3072 of title 18,
United States Code: Provided, That any reward of $100,000 or more, up
to a maximum of $2,000,000, may not be made without the personal
approval of the President or the Attorney General and such approval may
not be delegated: Provided further, That rewards made pursuant to
section 501 of Public Law 107-56 shall not be subject to this section.
Sec. 106. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 107. Section 114 of Public Law 107-77 shall remain in effect
during fiscal year 2004.
Sec. 108. 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.
This title may be cited as the ``Department of Justice
Appropriations Act, 2004''.

TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

Trade and Infrastructure Development

RELATED AGENCIES

Office of the United States Trade Representative

salaries and expenses

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

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, $57,000,000, 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 the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15
U.S.C. 4912); and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act of
1961 shall include payment for assessments for services provided as
part of these activities.

Bureau of Industry and Security

operations and administration

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

Economic Development Administration

economic development assistance programs

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

salaries and expenses

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

Minority Business Development Agency

minority business development

For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $29,000,000.

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,
$220,908,000.

periodic censuses and programs

For necessary expenses related to the 2010 decennial census,
$260,200,000, to remain available until September 30, 2005: Provided,
That, of the total amount available related to the 2010 decennial
census, $112,090,000 is for the Re-engineered Design Process for the
Short-Form Only Census, $64,800,000 is for the American Community
Survey, and $83,310,000 is for the Master Address File/Topologically
Integrated Geographic Encoding and Referencing (MAF/TIGER) system.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $180,853,000,
to remain available until September 30, 2005, of which $80,082,000 is
for economic statistics programs and $100,771,000 is for demographic
statistics programs: Provided, That regarding engineering and design of
a facility at the Suitland Federal Center, quarterly reports regarding
the expenditure of funds and project planning, design and cost
decisions shall be provided by the Bureau, in cooperation with the
General Services Administration, to the Committees on Appropriations of
the Senate and the House of Representatives: Provided further, That
none of the funds provided in this or any other Act under the heading
``Bureau of the Census, Periodic Censuses and Programs'' shall be used
to fund the construction and tenant build-out costs of a facility at
the Suitland Federal Center.

National Telecommunications and Information Administration

salaries and expenses

For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $14,604,000:
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 the administration of grants authorized by section 392 of the
Communications Act of 1934, $2,538,000,  as authorized by section 391
of the Act: Provided, That, notwithstanding 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, $15,402,000, to remain available until expended as authorized by
section 391 of the Act: Provided, That not to exceed $3,097,000 shall
be available for program administration and other support activities as
authorized by section 391: Provided further, That, of the funds
appropriated herein, not to exceed 5 percent may be available for
telecommunications research activities for projects related directly to
the development of a national information infrastructure: Provided
further, That, notwithstanding the requirements of sections 392(a) and
392(c) of the Act, these funds may be used for the planning and
construction of telecommunications networks for the provision of
educational, cultural, health care, public information, public safety,
or other social services: Provided further, That, notwithstanding any
other provision of law, no entity that receives telecommunications
services at preferential rates under section 254(h) of the Act (47
U.S.C. 254(h)) or receives assistance under the regional information
sharing systems grant program of the Department of Justice under part M
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796h) may use funds under a grant under this heading to
cover any costs of the entity that would otherwise be covered by such
preferential rates or such assistance, as the case may be.

United States Patent and Trademark Office

salaries and expenses

For necessary expenses of the United States Patent and Trademark
Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office,
$1,138,700,000, 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
$1,138,700,000, the total amounts available to the United States Patent
and Trademark Office shall be reduced accordingly: Provided further,
That an additional amount not to exceed $100,000,000 from fees
collected in prior fiscal years shall be available for obligation in
fiscal year 2004, to remain available until expended: Provided further,
That from amounts provided herein, not to exceed $1,000 shall be made
available in fiscal year 2004 for official reception and representation
expenses.

Science and Technology

Technology Administration

salaries and expenses

For necessary expenses for the Under Secretary for Technology
Office of Technology Policy, $7,822,000.

National Institute of Standards and Technology

scientific and technical research and services

For necessary expenses of the National Institute of Standards and
Technology, $357,862,000, 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.

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, $62,590,000, 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, $2,180,454,000: 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, $79,251,000 shall be derived by
transfer from the fund entitled ``Promote and Develop Fishery Products
and Research Pertaining to American Fisheries'': Provided further,
That, of the $2,276,705,000 provided for in direct obligations under
this heading (of which $2,180,454,000 is appropriated from the General
Fund, $79,251,000 is provided by transfer, and $17,000,000 is derived
from deobligations from prior years), $363,239,000 shall be for the
National Ocean Service, $545,072,000 shall be for the National Marine
Fisheries Service, $306,443,000 shall be for Oceanic and Atmospheric
Research, $713,773,000 shall be for the National Weather Service,
$146,334,000 shall be for the National Environmental Satellite, Data,
and Information Service, and $201,844,000 shall be for Program Support:
Provided further, That no general administrative charge shall be
applied against an assigned activity included in this Act and, further,
that any direct administrative expenses applied against an assigned
activity shall be limited to 5 percent of the funds provided for that
assigned activity so that total National Oceanic and Atmospheric
Administration administrative expenses shall not exceed $243,000,000:
Provided further, That any use of deobligated balances of funds
provided under this heading in previous years shall be subject to the
procedures set forth in section 605 of this Act: Provided further, That
none of the funds under this heading are available to alter the
existing structure, organization, function, and funding of the National
Marine Fisheries Service Southwest Region and Fisheries Science Center
and Northwest Region and Fisheries Science Center: Provided further,
That funding provided under this heading for ocean and coastal
observing system grants shall require an equal match from other non-
Federal sources: 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.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.

procurement, acquisition and construction

For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $794,059,000, to remain available until
September 30, 2006, except for funds appropriated for the National
Marine Fisheries Service Honolulu Laboratory and for the National
Environmental Satellites, Data, and Information Service, which shall
remain available until expended: Provided, That of the amounts provided
for the National Polar-orbiting Operational Environmental Satellite
System, funds shall only be made available on a dollar for dollar
matching basis with funds provided for the same purpose by the
Department of Defense: Provided further, That none of the funds
provided in this Act or any other Act under the heading ``National
Oceanic and Atmospheric Administration, Procurement, Acquisition and
Construction'' shall be used to fund the General Services
Administration's standard construction and tenant build-out costs of a
facility at the Suitland Federal Center.

pacific coastal salmon recovery

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

fisheries finance program account

Funds provided under this heading for the costs of direct loans
authorized by the Merchant Marine Act of 1936, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided, That these funds are
available to subsidize gross obligations for the principal amount of
direct loans not to exceed $59,000,000 only to finance fishing capacity
reduction programs, individual fishing quotas, reconditioning of
fishing vessels for the purpose of reducing bycatch or reducing
capacity in an overfished or over-capitalized fishery, and the purchase
of assets sold at foreclosure instituted by the Secretary of Commerce:
Provided further, That none of the funds made available under this
heading may be used for direct loans for any new fishing vessel that
will increase the harvesting capacity in any United States fishery.

Departmental Management

salaries and expenses

For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official entertainment, $44,662,000: Provided, That not to
exceed 11 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.), $22,000,000.

General Provisions--Department of Commerce

Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act
shall be available for the activities specified in the Act of October
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such payments
are in the public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. Hereafter, none of the funds made available by this or
any other Act for the National Oceanic and Atmospheric Administration
may be used to support the hurricane reconnaissance aircraft and
activities that are under the control of the United States Air Force or
the United States Air Force Reserve.
Sec. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this or any other
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act.
Sec. 205. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title or from actions taken for the
care and protection of loan collateral or grant property shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. 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 of Commerce 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
(ADP) 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, ADP, 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: Provided further,
That such franchise fund pilot program shall terminate pursuant to
section 403(f) of Public Law 103-356.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 2004''.

TITLE III--THE JUDICIARY

Supreme Court of the United States

salaries and expenses

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

care of the building and grounds

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

United States Court of Appeals for the Federal Circuit

salaries and expenses

For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $20,665,000.

United States Court of International Trade

salaries and expenses

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

Courts of Appeals, District Courts, and Other Judicial Services

salaries and expenses

For the salaries of circuit and district judges (including judges
of the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the
United States Court of Federal Claims, bankruptcy judges, magistrate
judges, and all other officers and employees of the Federal Judiciary
not otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $4,004,176,000 (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.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $3,293,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.

defender services

For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964; 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, $613,948,000, to remain
available until expended.

fees of jurors and commissioners

For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $53,181,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.

court security

For necessary expenses, not otherwise provided for, incident to
providing protective guard services for United States courthouses and
the procurement, installation, and maintenance of security equipment
for United States courthouses and other facilities housing Federal
court operations, including building ingress-egress control, inspection
of mail and packages, directed security patrols, and other similar
activities as authorized by section 1010 of the Judicial Improvement
and Access to Justice Act (Public Law 100-702), $288,941,000, 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, $66,968,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.

Federal Judicial Center

salaries and expenses

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

Judicial Retirement Funds

payment to judiciary trust funds

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

United States Sentencing Commission

salaries and expenses

For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $12,746,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.

General Provisions--The Judiciary

Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. (a) The Supreme Court shall establish a pilot program
under which the Court may repay (by direct payment on behalf of the
employee) any student loan (up to $6,000 per year) previously taken out
by an employee serving as a full-time judicial law clerk for the Court.
(b) The Court shall promulgate such regulations as may be necessary
to carry out such a program and notify the Committees on Appropriations
of the regulations prior to implementing the pilot program.
This title may be cited as the ``Judiciary Appropriations Act,
2004''.

TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

DEPARTMENT OF STATE

Administration of Foreign Affairs

diplomatic and consular programs

For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including employment, without
regard to civil service and classification laws, of persons on a
temporary basis (not to exceed $700,000 of this appropriation), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948; representation to certain
international organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and consent of the
Senate or specific Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange or
purchase of passenger motor vehicles as authorized by law; and for
expenses of general administration, $3,453,260,000: 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, not to exceed $48,000,000
shall be available for the Bureau of International Organization
Affairs: 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.

capital investment fund

For necessary expenses of the Capital Investment Fund,
$142,000,000, 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: Provided further, That, of the
funds made available under this heading, $84,000,000 is for worldwide
infrastructure replacement only, which amount shall not become
available for obligation until September 15, 2004.

office of inspector general

For necessary expenses of the Office of Inspector General,
$29,777,000, 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, $345,346,000, 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, $532,935,000, to remain
available until expended as authorized, of which not to exceed $15,000
may be used for domestic and overseas representation as authorized:
Provided, That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or generators
for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $861,400,000, to remain
available until expended.

emergencies in the diplomatic and consular service

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

repatriation loans program account

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

payment to the american institute in taiwan

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

payment to the foreign service retirement and disability fund

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

International Organizations

contributions to international organizations

For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $1,010,463,000:
Provided, That the Secretary of State shall 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:
Provided, That none of the funds made available under this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
the new or expanded mission in the United Nations Security Council (or
in an emergency as far in advance as is practicable): (1) the
Committees on Appropriations of the House of Representatives and the
Senate and other appropriate committees of the Congress are notified of
the estimated cost and length of the mission, the vital national
interest that will be served, and the planned exit strategy; and (2) a
reprogramming of funds pursuant to section 605 of this Act is
submitted, and the procedures therein followed, setting forth the
source of funds that will be used to pay for the cost of the new or
expanded mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the Secretary of
State to the appropriate committees of the Congress that American
manufacturers and suppliers are being given opportunities to provide
equipment, services, and material for United Nations peacekeeping
activities equal to those being given to foreign manufacturers and
suppliers: Provided further, That none of the funds made available
under this heading are available to pay the United States share of the
cost of court monitoring that is part of any United Nations
peacekeeping mission.

International Commissions

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

international boundary and water commission, united states and mexico

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

salaries and expenses

For salaries and expenses, not otherwise provided for, $25,668,000.

construction

For detailed plan preparation and construction of authorized
projects, $5,500,000, to remain available until expended, as
authorized.

american sections, international commissions

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

international fisheries commissions

For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $16,989,000: Provided,
That the United States' 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), $10,376,000, to remain available until
expended, as authorized.

eisenhower exchange fellowship program

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

israeli arab scholarship program

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

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, $42,000,000 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, $552,105,000, of which not to exceed $16,000 may be used for
official receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as authorized, and
not to exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty; and in
addition, notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from business
ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until expended
for carrying out authorized purposes.

broadcasting capital improvements

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

General Provisions--Department of State and Related Agency

Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for
services as authorized by 5 U.S.C. 3109; and for hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. None of the funds made available in this Act may be used
by the Department of State or the Broadcasting Board of Governors to
provide equipment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corporation.
This title may be cited as the ``Department of State and Related
Agency Appropriations Act, 2004''.

TITLE V--RELATED AGENCIES

Antitrust Modernization Commission

salaries and expenses

For necessary expenses of the Antitrust Modernization Commission,
as authorized by Public Law 107-273, $1,499,000, to remain available
until expended.

Commission for the Preservation of America's Heritage Abroad

salaries and expenses

For expenses for the Commission for the Preservation of America's
Heritage Abroad, $499,000, as authorized by section 1303 of Public Law
99-83.

Commission on Civil Rights

salaries and expenses

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

Commission on International Religious Freedom

salaries and expenses

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

Commission on Security and Cooperation in Europe

salaries and expenses

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

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

salaries and expenses

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

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,
$278,958,000: Provided, That $269,000,000 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 $9,958,000: Provided further, That any offsetting
collections received in excess of $269,000,000 in fiscal year 2004
shall remain available until expended, but shall not be available for
obligation until October 1, 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, $183,041,000, 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 $20,100,000 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 shall be available for
obligation for expenses authorized by section 151 of the Federal
Deposit Insurance Corporation Improvement Act of 1991 (Public Law 102-
242; 105 Stat. 2282-2285).

Legal Services Corporation

payment to the legal services corporation

For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $338,848,000,
of which $319,548,000 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; and $3,400,000 is for client self-help and information
technology.

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.

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.

Securities and Exchange Commission

salaries and expenses

For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $841,500,000; of which not to exceed $10,000
may be used toward funding a permanent secretariat for the
International Organization of Securities Commissions; and of which not
to exceed $100,000 shall be available for expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, members of their delegations, appropriate
representatives and staff to exchange views concerning developments
relating to securities matters, development and implementation of
cooperation agreements concerning securities matters and provision of
technical assistance for the development of foreign securities markets,
such expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attendance
at such consultations and meetings including: (1) such incidental
expenses as meals taken in the course of such attendance; (2) any
travel and transportation to or from such meetings; and (3) any other
related lodging or subsistence: Provided, That fees and charges
authorized by sections 6(b) of the Securities Exchange Act of 1933 (15
U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this
account as offsetting collections: Provided further, That not to exceed
$738,500,000 of such offsetting collections shall be available until
expended for necessary expenses of this account: Provided further, That
$103,000,000 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: Provided further, That, notwithstanding section 1353
of title 31, United States Code, no Commissioner or employee of the
Securities and Exchange Commission may accept, nor may the Commission
accept, payment or reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling a
Commissioner or 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
Commission, or represents a person or corporation subject to regulation
by the Commission, unless the person or corporation is an organization
exempt from taxation pursuant to section 501(c)(3) of the Internal
Revenue Code of 1986.

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, $326,592,000: 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.

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, $84,805,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2005: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That during fiscal year 2004 commitments to guarantee loans under
section 503 of the Small Business Investment Act of 1958, shall not
exceed $4,500,000,000: Provided further, That during fiscal year 2004
commitments for general business loans authorized under section 7(a) of
the Small Business Act, shall not exceed $10,000,000,000 without prior
notification of the Committees on Appropriations of the House of
Representatives and Senate in accordance with section 605 of this Act:
Provided further, That during fiscal year 2004 commitments to guarantee
loans for debentures and participating securities under section 303(b)
of the Small Business Investment Act of 1958, shall not exceed the
levels established by section 20(i)(1)(C) of the Small Business Act:
Provided further, That during fiscal year 2004 guarantees of trust
certificates authorized by section 5(g) of the Small Business Act shall
not exceed a principal amount of $10,000,000,000.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $129,000,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.

disaster loans program account

For the cost of direct loans authorized by section 7(b) of the
Small Business Act, $72,665,000, 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, $117,585,000, 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 $108,000,000 is for direct
administrative expenses of loan making and servicing to carry out the
direct loan program; and of which $9,085,000 is for indirect
administrative expenses: Provided, That any amount in excess of
$9,085,000 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), $3,000,000: Provided, That not to exceed $2,500
shall be available for official reception and representation expenses.

TITLE VI--GENERAL PROVISIONS

Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2004, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds 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 offices, programs, or activities; or (6) contracts out or
privatizes any functions or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such reprogramming of
funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2004, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.

prohibition of contracts with persons falsely labeling products as made
in america

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 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. 610. (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. 611. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 612. 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. 613. 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. 614. (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. 615. None of the funds appropriated pursuant to this Act or
any other provision of law may be used for: (1) the implementation of
any tax or fee in connection with the implementation of 18 U.S.C.
922(t); and (2) any system to implement 18 U.S.C. 922(t) that does not
require and result in the immediate destruction of any identifying
information submitted by or on behalf of any person who has been
determined not to be prohibited from owning a firearm.
Sec. 616. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C. 10601 in
any fiscal year in excess of $625,000,000 shall not be available for
obligation until the following fiscal year.
Sec. 617. 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. 618. 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. 619. 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. 620. (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. 621. 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. 622. The Departments of Commerce, Justice, State, the
Judiciary, and the Small Business Administration shall each establish a
policy under which eligible employees may participate in telecommuting
to the maximum extent possible without diminished employee performance:
Provided, That, not later than six months after the date of the
enactment of this Act, each of the aforementioned entities shall
provide that the requirements of this section are applied to 100
percent of the workforce: Provided further, That, of the funds
appropriated in this Act for the Departments of Commerce, Justice, and
State, the Judiciary, and the Small Business Administration, $250,000
shall be available to each Department or agency only to implement
telecommuting programs: Provided further, That, every six months, each
Department or agency shall provide a report to the Committees on
Appropriations on the status of telecommuting programs, including the
number of Federal employees eligible for, and participating in, such
programs, and uses of funds designated under this section: Provided
further, That each Department or agency shall designate a ``Telework
Coordinator'' to be responsible for overseeing the implementation of
telecommuting programs and serve as a point of contact on such programs
for the Committees on Appropriations.
Sec. 623. 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. 624. None of the funds in this Act may be used to grant,
transfer or assign a license for a commercial TV broadcast station to
any party (including all parties under common control) if the grant,
transfer or assignment of such license would result in such party or
any of its stockholders, partners, members, officers or directors,
directly or indirectly, owning, operating or controlling, or having a
cognizable interest in TV stations which have an aggregate national
audience reach, as defined in 47 CFR 73.3555, exceeding 35 percent.
Sec. 625. (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.''.

TITLE VII--RESCISSIONS

DEPARTMENT OF JUSTICE

Office of Justice Programs

state and local law enforcement assistance

(rescission)

Of the unobligated balances available under this heading,
$24,122,000 are rescinded.

community oriented policing services

(rescission)

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

TITLE VIII--ADDITIONAL GENERAL PROVISIONS

Sec. 801. 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. 802. None of the funds made available in this Act may be used
by the Department of Justice or the Department of State to file a
motion in any court opposing a civil action against any Japanese person
or corporation for compensation or reparations in which the plaintiff
alleges that, as an American prisoner of war during World War II, he or
she was used as slave or forced labor.
Sec. 803. None of the funds appropriated in this Act may be used to
enforce the judgment in Newdow v. U.S. Congress 292 F.3d 597 (9th Cir.
2002).
Sec. 804. None of the funds made available in this Act may be used
to seek a delay under section 3103a(b) of title 18, United States Code.

limitation on united states contributions to certain united nations
entities

Sec. 805. None of the funds made available in this Act may be used
for a United States contribution to any United Nations commission,
organization, or affiliated agency that 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. None of the funds
made available in this Act may be used to pay expenses for any United
States delegation to any United Nations commission, organization, or
affiliated agency described in the preceding sentence.
Sec. 806. None of the funds made available in this Act may be used
to destroy or conceal physical and electronic records and documents
related to any use of Federal agency resources in any task or action
involving or relating to members of the Texas Legislature for the
period beginning May 11, 2003, and ending May 16, 2003.
Sec. 807. 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. 808. None of the funds appropriated in this Act may be used to
enforce the judgment of the United States Court of Appeals for the
Eleventh Circuit in Glassroth v. Moore, decided July 1, 2003 or
Glassroth v. Moore, 229 F. Supp. 2d 1067 (M. D. Ala. 2002).
This Act may be cited as the ``Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act,
2004''.

Passed the House of Representatives July 23, 2003.

Attest:

JEFF TRANDAHL,

Clerk.

Calendar No. 266

108th CONGRESS

1st Session

H. R. 2799

_______________________________________________________________________

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.

_______________________________________________________________________

September 2, 2003

Read the second time and placed on the calendar