Consolidated Appropriations Act, 2004 - Division A: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Programs Appropriations, 2004 - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004 - Title I: Agricultural Programs - Appropriates funds for FY 2004 for the following Department of Agriculture (Department) programs and services: (1) Office of the Secretary of Agriculture (Secretary); (2) executive operations; (3) Office of the Chief Information Officer; (4) Office of the Chief Financial Officer; (5) Office of the Assistant Secretary for Civil Rights; (6) Office of Civil Rights; (7) Office of the Assistant Secretary for Administration; (8) agriculture buildings and facilities and rental payments; (9) hazardous materials management; (10) departmental administration; (11) Office of the Assistant Secretary for Congressional Relations; (12) Office of Communications; (13) Office of the Inspector General; (14) Office of the General Counsel; (15) Office of the Under Secretary for Research, Education, and Economics; (16) Economic Research Service; (17) National Agricultural Statistics Service; (18) Agricultural Research Service; (19) Cooperative State Research, Education, and Extension Service; (20) Office of the Under Secretary for Marketing and Regulatory Programs; (21) Animal and Plant Health Inspection Service; (22) Agricultural Marketing Service; (23) Grain Inspection, Packers and Stockyards Administration; (24) Office of the Under Secretary for Food Safety; (25) Food Safety and Inspection Service; (26) Office of the Under Secretary for Farm and Foreign Agricultural Services; (27) Farm Service Agency; (28) Risk Management Agency; (29) Federal Crop Insurance Corporation Fund; and (30) Commodity Credit Corporation Fund.
Title II: Conservation Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Natural Resources and Environment; and (2) Natural Resources Conservation Service.
Title III: Rural Development Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Rural Development; (2) rural development salaries and expenses; (3) Rural Housing Service; (4) Rural Business-Cooperative Service; and (5) Rural Utilities Service.
Title IV: Domestic Food Programs - Appropriates funds for the following: (1) Office of the Under Secretary for Food, Nutrition and Consumer Services; and (2) Food and Nutrition Service.
Title V: Foreign Assistance and Related Programs - Appropriates funds for the following: (1) Foreign Agricultural Service; (2) P.L. 480 program account, title I ocean freight differential grants, and title II grants; (3) McGovern-Dole international food for education and child nutrition program grants; and (4) Commodity Credit Corporation (CCC) export loans program account.
Title VI: Related Agencies and Food and Drug Administration - Appropriates funds for the following: (1) Food and Drug Administration (FDA); (2) Commodity Futures Trading Commission; and (3) Farm Credit Administration.
Title VII: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 710) Prohibits the use of funds under this Act to pay indirect costs charged against competitive agricultural research, education, or extension grant awards issued by the Cooperative State Research, Education, and Extension Service that exceed 20 percent of total Federal funds provided under each award.
(Sec. 715) Prohibits the use of funds under this Act for the Safe Meat and Poultry Inspection Panel.
(Sec. 720) Prohibits the use of funds for the initiative for future agriculture and food systems, with an exception for administration of prior grants and obligations.
(Sec. 722) Prohibits fund use to relocate a State Rural Development office until cost and operation effectiveness have been determined.
(Sec. 723) Makes additional appropriations for Bill Emerson and Mickey Leland Hunger Fellowships.
(Sec. 724) Provides that any balances and recoveries available to carry out title III of the Agricultural Trade Development and Assistance Act of 1954 may be used to carry out title II of such Act.
(Sec. 725) Obligates specified amounts of agricultural commodities to assist foreign countries mitigate the effects of HIV and AIDS.
(Sec. 726) Amends the Consolidated Farm and Rural Development Act to increase obligated funding for the national sheep industry improvement center revolving fund.
(Sec. 727) Authorizes the Natural Resources Conservation Service to provide financial and technical assistance through the watershed and flood prevention operations program for: (1) the Kuhn Bayou and Ditch 26 Improvement projects in Arkansas; (2) the Matanuska River erosion control project in Alaska; (3) the DuPage County Sawmill Creek Watershed project in Illinois; (4) the Coal Creek project in Utah; and (4) four flood control structures in Marmaton, Kansas.
(Sec. 728) Considers as eligible for rural development mission area assistance: (1) Lawrence County, Ohio; (2) Havelock, North Carolina; (3) Portsmouth, Ohio; (4) Binghamton, New York; (5) Vestal, New York; (6) Ithaca, New York; (7) Casa Grande, Arizona; (8) Clarksdale, Mississippi; (9) Coachella, California; (10) Salinas, California; (11) Watsonville, California; (12) Hollister, California; (13) Carolina, Puerto Rico; and (14) Kinston, North Carolina.
(Sec. 729) Directs the Natural Resources Conservation Service to provide financial and technical assistance through the watershed and flood prevention operations program to: (1) the DuPage County, Illinois, Kress Creek Watershed Plan; and (2) the Rockhouse Creek Watershed, Leslie County, Kentucky.
(Sec. 730) Prohibits funds under this Act from being transferred to any Federal entity unless authorized by an appropriations Act.
(Sec. 731) Prohibits the use of funds under this Act to close or relocate the FDA Division of Pharmaceutical Analysis in Saint Louis, Missouri, outside the city or county limits.
(Sec. 732) Authorizes the Department to use any unobligated salaries and expense funds to reimburse the Office of General Counsel for representing its agencies and offices in employee complaints before the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, or the Merit Systems Protection Board.
(Sec. 733) Authorizes the Secretary to use up to 20 percent of competitive research funds under this Act for a competitive grants program similar to the initiative for future agriculture and food systems.
(Sec. 734) Prohibits the use of funds under this Act to carry out CCC-funded rehabilitation of certain dams.
(Sec. 735) Directs the Natural Resources Conservation Service to provide financial and technical assistance through the watershed and flood prevention operations program for the Upper Tygart Valley Watershed project, West Virginia.
(Sec. 736) Prohibits fund use to carry out the rural strategic investment program under the Consolidated Farm and Rural Development Act.
(Sec. 737) Prohibits fund use to carry out the rural firefighters and emergency personnel grant program.
(Sec. 738) Prohibits the use of funds under this Act to carry out a review of the Agricultural Research Service, as provided for by the Farm Security and Rural Investment Act of 2002.
(Sec. 739) States that the Agricultural Marketing Service and the Grain Inspection, Packers and Stockyards Administration shall not be required to establish obligations and outlays for purchases of interest bearing investments outside of the Treasury under specified circumstances.
(Sec. 740) Authorizes the Secretary to use specified food stamp funds for commodity processing, storage, transporting, and distribution.
(Sec. 741) Limits wetlands reserve program enrollment acreage for 2004.
(Sec. 742) Limits funds made available in FY 2004 or preceding fiscal years under the Agricultural Trade Development and Assistance Act of 1954 to reimburse CCC for the release of certain commodities under the Bill Emerson Humanitarian Trust Act.
(Sec. 743) Limits funds for the environmental quality incentives program.
(Sec. 744) Authorizes the Natural Resources Conservation Service to provide from appropriations financial and technical assistance to the Dry Creek project, Utah.
(Sec. 745) Authorizes the Secretary to permit Department employees to carry and use firearms for personal protection in remote locations in the performance of their official duties.
(Sec. 746) Prohibits fund use for renewable energy system and energy efficiency improvements assistance.
(Sec. 747) Prohibits FY 2004 fund use for access to broadband telecommunications in rural areas.
(Sec. 748) Prohibits fund use for the agricultural marketing resource center pilot program.
(Sec. 749) Amends the Agricultural Marketing Act of 1946 to make country-of-origin notice requirements applicable to retail sales of farm-raised and wild fish as of September 30, 2004, and other covered commodities as of September 30, 2006.
(Sec. 750) Directs the Secretary, with lender consent, to structure the annual fee payment schedule for rural electrification and telephone bond and loan guarantees so as not to exceed an average of 30 basis points per year for the term of the loan in order to ensure fund availability to pay related subsidy costs.
(Sec. 751) Rescinds unobligated balances in the Alternative Agricultural Research and Commercialization Revolving Fund.
(Sec. 752) Limits FY 2004 fund use for the conservation security program.
(Sec. 753) Limits fund use for the ground and surface water conservation program.
(Sec. 754) Limits fund use for the grazing, wildlife habitat incentive, source water protection, and Great Lakes Basin programs.
(Sec. 755) Limits fund use for the farmland protection program.
(Sec. 756) Directs the Secretary to provide assistance to: (1) commercial tree-fruit growers in a federally declared disaster area in New York who suffered tree losses from a 2003 icestorm; and (2) commercial citrus and lime growers in Florida for tree replacement and for lost production for certain trees removed to control citrus canker, and for certified citrus nursery stocks within the citrus canker quarantine areas.
(Sec. 757) Appropriates funds for the Northern Great Plains Regional Authority.
(Sec. 758) Amends the Agricultural Trade Development and Assistance Act of 1954 to revise certain committee reporting requirements.
(Sec. 759) Prohibits fund use for the rural business investment program other than for promulgation of regulations or application review.
(Sec. 760) Prohibits the use of funds under this Act in violation of PL 105-264 (Travel and Transportation Reform Act of 1998).
(Sec. 761) Prohibits the use of funds under this Act to revise a proposed rule (July 8, 2003) respecting cost-sharing for animal and plant health emergency programs of the Animal and Plant Health Inspection Service.
(Sec. 762) Authorizes Department agencies and offices to use available discretionary funds to prepare for final employment discrimination decisions.
(Sec. 763) States that in the case of a high cost isolated rural area that is not connected to a road system in Alaska, the maximum level for the single family housing assistance shall be 150 percent of the average income level in the metropolitan areas of the State and 115 percent of all other eligible areas of the State.
(Sec. 764) Appropriates funds to the Denali Commission to address solid waste disposal problems which threaten to contaminate rural drinking water supplies.
(Sec. 765) Considers, until receipt of the 2010 census, Vicksburg, Mississippi, Aberdeen, South Dakota, and Starkville, Mississippi, to be eligible for rural housing programs under the Housing Act of 1949.
(Sec. 766) Considers, until receipt of the 2010 census, Berlin, New Hampshire, Guymon, Oklahoma, Shawnee, Oklahoma, and Altus, Oklahoma, to be eligible for rural community advancement program loans and grants.
(Sec. 767) Prohibits, without specific congressional authorization, fund use to study or enter into a contract with a private party for competitive sourcing activities relating to rural development or farm loan programs.
(Sec. 768) Amends the Housing Act of 1949 respecting rural farm housing to make the income exemption for dividends from the Alaska Permanent Fund to a person under 18 years old permanent.
(Sec. 769) Amends the Federal Crop Insurance Act to revise FY 2004 through 2007 CCC funding provisions for the agricultural management assistance program, including the addition of specified funding obligations.
(Sec. 770) Prohibits fund use to promote Foreign Agricultural Service sale or export of tobacco or tobacco products.
(Sec. 771) Amends the Food Stamp Act of 1977 to maintain FY 2003 food stamp benefit levels in Alaska and Hawaii.
(Sec. 772) Amends the Rural Electrification Act of 1936 to define "eligible rural community" as any area of the United States that is not contained in an incorporated city or town with a population in excess of 20,000 inhabitants.
(Sec. 773) States that for all rural development mission area programs in Honolulu County, Hawaii, the Secretary may designate any portion of the county as a rural area or eligible rural community, except for any area included in the Honolulu Census Designated Place as determined by the Secretary of Commerce.
(Sec. 775) Authorizes community facility program borrowers and grantees to enter into service contracts with not-for-profit third parties.
(Sec. 776) Authorizes the Secretary to enter into cooperative aircraft lease agreements under the Animal and Plant Health Inspection Service.
(Sec. 777) Amends the Agricultural Assistance Act of 2003 to include tree replacement under the citrus canker assistance program.
(Sec. 778) Sun Grant Research Initiative Act of 2003 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary to make grants to university-based sun grant centers which shall: (1) establish centers of excellence to pursue research, extension, and educational programs to implement biobased energy technologies, products, and economic diversification in rural areas; and (2) make grants to land-grant colleges and universities for related multiinstitutional and multistate programs. Establishes: (1) a north-central sun grant center at South Dakota State University for Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming; (2) a southeastern sun grant center at the University of Tennessee at Knoxville for Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands; (3) a south-central sun grant center at Oklahoma State University for Arkansas, Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas; (4) a western sun grant center at Oregon State University for Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, Utah, Washington and other U.S. territories and possessions; and (5) a northeastern sun grant center at Cornell University for Connecticut, Delaware, Massachusetts, Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia.
Requires the centers to maintain a Sun Grant Information Analysis Center for analysis and data management support.
Authorizes FY 2005 through 2010 appropriations.
(Sec. 779) Authorizes the Secretary to use any unobligated Rural Utilities Service funds in FY 2004 to improve rural area 911 access and emergency communications systems.
(Sec. 780) Prohibits the use of funds under this Act to allocate the rate of price support between the purchase prices for nonfat dry milk and butter in a manner that does not support the price of milk in accordance with the Farm Security and Rural Investment Act of 2002.
(Sec. 781) Authorizes the Secretary to: (1) make funding and other assistance available through the emergency watershed protection program to repair and prevent damage to nonfederal land in watersheds that have been impaired by fires initiated by the Federal Government; and (2) waive related cost sharing requirements.
(Sec. 782) Authorizes the Secretary to waive certain small and emerging rural business requirements respecting a lease for the Oakridge Oregon Industrial Park.
(Sec. 783) States that the Alaska Department of Community and Economic Development shall be: (1) eligible to receive a water and waste disposal grant for up to 75 percent of the cost of providing water and sewer service to the proposed hospital in the Matanuska-Susitna Borough, Alaska; and (2) allowed to pass the grant funds to the local government entity that will provide such service.
(Sec. 784) Prohibits the use of funds under this Act to make certain previously-enrolled land planted to hardwood trees ineligible for the conservation reserve program.
(Sec. 785) Makes Postville, Iowa, eligible for a water and waste disposal grant for up to 75 percent of the cost of providing water and sewer service to the city.
(Sec. 786) Prohibits the use of funds under this Act to implement a reorganization of regional conservationists and/or regional offices of the Natural Resources Conservation Service without the prior approval of the Committees on Appropriations.
(Sec. 787) Rescinds specified funds for the Food Safety and Inspection Service's field automation and information management project.
(Sec. 788) Amends the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Programs Appropriations, 2003 respecting international science and education grants.
(Sec. 789) Considers Great Falls, Montana, to be eligible for rural business and industry guaranteed loans.
Division B: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 - Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 - Makes appropriations for FY 2004 for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies.
Title I: Department of Justice - Department of Justice Appropriations Act, 2004 - Makes appropriations for FY 2004 the Department of Justice (DOJ) for: (1) general administration, including for a Joint Automated Booking System, an integrated automated fingerprint identification system, office automation expenses of specified organizations, conversion to narrowband communications, a Counterterrorism Fund, administrative review and appeals, the Federal Detention Trustee, and the Office of the Inspector General; (2) the U.S. Parole Commission; (3) legal activities, including antitrust activities, the Offices of U.S. Attorneys, the U.S. Trustee Program, the Foreign Claims Settlement Commission, the U.S. Marshals Service (including for Federal prisoner detention), fees and expenses of witnesses, the Community Relations Service, and certain uses of the Assets Forfeiture Fund; (4) the Federal Bureau of Investigation, including the Foreign Terrorist Tracking Task Force/Terrorist Threat Integration Center; (5) the Drug Enforcement Administration, including interagency drug enforcement; (6) the Bureau of Alcohol, Tobacco, Firearms and Explosives; (7) the Federal Prison System; and (8) the Office of Justice Programs, including State and local law enforcement assistance, the Executive Office for Weed and Seed, community oriented policing services, violence against women prevention and prosecution programs, juvenile justice programs, and public safety officers' benefits.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 102) Prohibits the use of funds appropriated by this title to: (1) pay for abortions, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape; or (2) require any person to perform or facilitate an abortion.
(Sec. 104) Declares that nothing in the prohibition on the use of funds for abortions shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside the Federal facility.
(Sec. 105) Makes funds available to establish and publicize an extraordinary rewards program.
(Sec. 107) Provides for the continuation during FY 2004 of provisions of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 2002 directing the Attorney General to provide for the granting of posthumous citizenship for certain non-citizens who died as the result of injuries incurred in the September 11, 2001, terrorist attacks.
(Sec. 108) Authorizes the Attorney General to transfer forfeited real or personal property of limited or marginal value 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.
(Sec. 109) Declares that authorities contained in the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273) shall remain in effect until the effective date of a subsequent Department of Justice Appropriations Authorization Act.
(Sec. 110) Prohibits the expenditure of funds for the purpose of reimbursement or direct payments for the legal fees of an individual employed as an DOJ attorney for a matter in which the individual is the subject of a disciplinary recommendation for ethical misconduct by the Counsel for Professional Responsibility.
(Sec. 111) Earmarks certain additional funds for Project Seahawk, to remain available until expended.
(Sec. 112) States that none of the funds provided in this Act or hereafter may be used for courts or law enforcement officers for a tribe or village: (1) in which fewer than 25 Native members live in the village year round; or (2) that is located within the boundaries of the Fairbanks North Star Borough, the Matanuska Susitna Borough, the Municipality of Anchorage, the Kenai Peninsula Borough, the City and Borough of Juneau, the Sitka Borough, or the Ketchikan Borough.
Establishes an Alaska Rural Justice and Law Enforcement Commission to be appointed by the Attorney General to review Federal, State, local, and tribal jurisdiction over civil and criminal matters in Alaska but outside the Municipality of Anchorage, the Fairbanks North Star Borough, the Kenai Peninsula Borough, the Matanuska-Susitna Borough, the City and Borough of Juneau, the Sitka Borough, and the Ketchikan Borough. Requires the Commission to make recommendations to Congress and the Alaska State Legislature by May 1, 2004, on options which shall include: (1) creating a unified law enforcement system, court system, and system of local laws or ordinances for Alaska Native villages and communities of varying sizes including the possibility of first, second, and third class villages with different powers; (2) meeting the law enforcement and judicial personnel needs in rural Alaska including the possible use of cross deputization in a way that maximizes the existing resources of Federal, State, local, and tribal governments; and (3) addressing the needs to regulate alcoholic beverages including the prohibition of the sale, importation, use, or possession of alcoholic beverages, and provide restorative justice for persons who violate such laws, including treatment, and addressing the problem of domestic violence and child abuse, including treatment options and restorative justice.
Requires the General Accounting Office (GAO) to begin immediately a review of Federal programs benefiting rural communities in Alaska, including the name of each program and the administering department or agency, the amount of funds provided to Alaska through each program, a list of the statutes and regulations governing use of funds for each program, and any data demonstrating the performance of each program. Requires a report to specified congressional committees and to the Alaska Federation of Natives.
Authorizes the Federation to review the delivery of Federal programs in Alaska and make recommendations to Congress to reduce duplication, improve and consolidate delivery of services, streamline application and administrative procedures, improve accountability, mandate performance measures, and otherwise reduce costs and improve efficiency.
Amends the Denali Commission Act (title III of Public Law 105-277) to require the Federal Co-chairman of the Denali Commission to appoint an Economic Development Committee (EDC), chaired by the President of the Federation of Natives, to consider and approve applications from Regional Advisory Committees for grants (including mini-grants to individuals) and loans to promote economic development and promote private sector investment to reduce poverty in economically distressed rural villages.
Requires the State Co-chairman of the Commission to appoint a Regional Advisory Committee for each region to develop a regional economic development plan for EDC consideration.
Authorizes the EDC to develop rural development performance measures (including economic, educational, social, and cultural indicators) linking economic growth to poverty reduction to measure the success of its program.
Allows the Commission to make a grant to the First Alaskans Foundation to assist Alaska Natives and other rural residents in acquiring the skills and training necessary to participate fully in private sector business and economic and development opportunities through fellowships, scholarships, internships, public service programs, and other leadership initiatives.
Requires the EDC to sponsor a statewide economic development summit in consultation with the World Bank to evaluate the best practices for economic development worldwide and how they can be incorporated into regional economic development plans.
Authorizes appropriations to specified agencies, which shall be transferred to the Denali Commission as a direct lump sum payment to implement this Act.
(Sec. 113) Specifies an additional amount for the "Local Law Enforcement Block Grant" program to be provided to the City of San Juan, Puerto Rico.
(Sec. 114) Rescinds $100 million of DOJ unobligated balances available from prior year appropriations, with the exception of funds provided for counterterrorism activities, counterintelligence activities, white collar crime enforcement, organized crime enforcement, and drug enforcement.
Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 2004 - Makes appropriations for the Department of Commerce for FY 2004 for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) the International Trade Administration; (4) the Bureau of Industry and Security for export administration and national security activities; (5) the Economic Development Administration; (6) the Minority Business Development Agency; (7) economic and statistical analysis programs; (8) the Bureau of the Census; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities planning and construction grants; (11) information infrastructure grants; (12) the U.S. Patent and Trademark Office; (13) the Under Secretary for Technology/Office of Technology Policy; (14) the National Institute of Standards and Technology (NIST), including amounts for the Manufacturing Extension Partnership and for construction of new research facilities; (15) the National Oceanic and Atmospheric Administration (NOAA), including transfer of funds and an amount for procurement, acquisition, and construction of capital assets; (16) restoration of Pacific salmon populations; (17) the fisheries finance program account; and (18) departmental management, including the Office of Inspector General.
Sets forth authorized uses of, and limitations on, such funds.
(Sec. 203) Prohibits the use of funds made available by this Act or any other Act for NOAA to support hurricane reconnaissance aircraft and activities that are under the control of the U.S. Air Force or Air Force Reserve.
(Sec. 207) Appropriates specified amounts of funds available to NIST for Construction of Research Facilities to: (1) fund a cooperative agreement with the Medical University of South Carolina; (2) the Thayer School of Engineering for research relating to intelligent control of distributed systems, a small laser beam project, and for research relating to nanomagnetics; (3) the Institute for Information Infrastructure Protection at the Institute for Security and Technology Studies; and (4) for the Institute for Politics and the Coastal Conservation Center.
(Sec. 208) Appropriates specified amounts of funds available from the fund entitled "Promote and Develop Fishery Products and Research Pertaining to American Fisheries," under certain conditions, to: (1) the Alaska Fisheries Marketing Board; (2) the Gulf and South Atlantic Fisheries Foundation; (3) the South Carolina Seafood Alliance; (4) the Oregon Trawl Commission; and (5) the Oregon State University Seafood Laboratory. Requires the Alaska Fisheries Marketing Board to be nonprofit and non-Federal.
(Sec. 209) Requires: (1) the Economic Development Administration (EDA) to approve the sale, transfer, or conveyance, without compensation to the Agency, of certain land on the former Charleston Naval Base; and (2) funds obligated but not yet disbursed in connection with EDA project number 04-49-04347 to remain available until expended and, as of September 30, 2003, to be exempt from the application of Federal procedure for appropriation accounts available for definite periods.
Requires the Secretary to approve, without compensation to the Agency, a lease to be entered into by the City of Florence, Alabama, and Alabama Real Estate Holdings, Inc., for use of the parcel of land (including improvements) located in Florence that was improved using assistance from EDA project number 04-01-03963.
(Sec. 210) Authorizes the Secretary to operate a marine laboratory in South Carolina in accordance with a memorandum of agreement among NOAA, NIST, the State of South Carolina, the Medical University of South Carolina, and the College of Charleston as a partnership for collaborative, interdisciplinary marine scientific research.
(Sec. 211) Amends the Emergency Steel Loan Guarantee Act of 1999 to extend the Emergency Loan Guarantee Board's authority from December 31, 2003, until December 31, 2005.
Earmarks certain funds for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee Program.
(Sec. 212) Earmarks certain additional NOAA procurement, acquisition, and construction funds for: (1) the Western Carolina University; (2) the South Florida Museum; (3) the French and Indian War Foundation; (4) the City of Chattanooga, Tennessee; (5) the University of Mississippi; (6) the City of Charlotte, North Carolina; and (7) a public safety marine docking facility for Hampton, New Hampshire.
(Sec. 213) Provides additional amounts, until expended, for the Federal Credit Reform Act cost of a fisheries financing and capacity reduction loan under the Merchant Marine Act, 1936 of up to $50 million in principal. Limits such amounts to loans that: (1) have a term of at least 30 years; (2) carry out a New England lobster fishing capacity reduction program which may include fewer than all management areas of the fishery; (3) permanently revoke all fishery licenses, fishery permits, area and species endorsements, and any other fishery privileges issued to a vessel or vessels (or to persons on the basis of their vessel operation or ownership) removed under the program; and (4) ensure that all vessels removed from the fishery under the program are made permanently ineligible to participate in any fishery worldwide, and that the owners of such vessels will operate only under the U.S. flag or such vessels shall be scrapped as a reduction vessel.
(Sec. 214) Specifies the same provisions with respect to a fisheries financing and capacity reduction loan that carries out a Bering Sea and Aleutian Islands non-pollock groundfish capacity reduction program which may include fewer than all management areas of the fishery.
(Sec. 215) Rescinds, under specified conditions, $100 million of Department of Commerce unobligated balances available from prior year appropriations, with the exception of funds provided for coral reef activities, fisheries enforcement, the Ocean Health Initiative, land acquisition, and lab construction.
Title III: The Judiciary - Judiciary Appropriations Act, 2004 - Makes FY 2004 appropriations for: (1) the U.S. Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services, including defender services, fees of jurors and commissioners, and court security; (5) the Administrative Office of the U.S. Courts; (6) the Federal Judicial Center; (7) judicial retirement funds; and (8) the U.S. Sentencing Commission.
Sets forth authorized uses of, and limitations on, such funds.
Title IV: Department of State and Related Agency - Department of State and Related Agency Appropriations Act, 2004 - Makes appropriations for the Department of State for FY 2004 for: (1) administration of foreign affairs, diplomatic and consular programs, including up to 69 permanent positions for the Bureau of Legislative Affairs, the establishment and operations of an Office on Right-Sizing the United States Government Overseas Presence, a Federal Government interagency task force to examine, coordinate and oversee U.S. participation in the UN headquarters renovation project, establishment of the Center for Antiterrorism and Security Training, and the costs of worldwide OpenNet and classified connectivity infrastructure; (2) the Capital Investment Fund; (3) the Office of Inspector General; (4) educational and cultural exchange programs; (5) representation allowances; (6) protection of foreign missions and officials; (7) U.S. embassy security, construction, and maintenance; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, peacekeeping, and commissions; (13) the International Boundary and Water Commission, United States and Mexico; (14) the International Joint Commission and the International Boundary Commission, United States and Canada; (15) the Asia Foundation; (16) the International Center for Middle Eastern-Western Dialogue Trust Fund; (17) the International Center for Middle Eastern-Western Dialogue; (18) the Eisenhower Exchange Fellowships, Incorporated; (19) the Israeli Arab Scholarship Program; (20) the Center for Cultural and Technical Interchange Between East and West, Hawaii; and (21) the National Endowment for Democracy.
Makes appropriations for the Broadcasting Board of Governors for FY 2004 for international broadcasting operations (including broadcasting to Cuba) and capital improvements.
Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 403) Bars the use of funds made available in this Act by the Department of State or the Broadcasting Board of Governors to provide assistance to the Palestinian Broadcasting Corporation.
(Sec. 404) Directs the Secretary of State, for purposes of registration of birth, certification of nationality, or issuance of a passport of a U.S. citizen born in Jerusalem, to record the place of birth as Israel.
(Sec. 405) Repeals the Emergency Wartime Supplemental Appropriations Act, 2003 with respect to: (1) the Secretary of Health and Human Services' authority to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during FY 2003; (2) amending the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2003 to make additional appropriations to the Department of Education for specified school improvement programs; and (3) specified funds appropriated for certain higher education programs.
(Sec. 406) Requires denial of an application for a visa without prejudice under the Immigration and Nationality Act if the application is delayed for a period of more than 60 days from the application date due to administrative processing by any agency in making a determination of inadmissibility under such Act.
(Sec. 407) Authorizes the obligation and expenditure of funds appropriated by this Act for the Broadcasting Board of Governors and the Department of State, notwithstanding specified Federal law.
(Sec. 408) Requires the Senior Policy Operating Group on Trafficking in Persons, established under Public Law 108-7 to coordinate agency activities regarding policies (including grants and grant policies) involving the international trafficking in persons, to coordinate all such policies related to the activities of traffickers and victims of severe forms of trafficking.
Prohibits funds provided in this or any other Act from being expended to perform functions that duplicate coordinating responsibilities of the Operating Group.
Requires the Operating Group to continue to report only to the authorities that appointed them.
(Sec. 409) Requires the Secretary of State to provide to a member of the congressional appropriations committees a copy of each cable sent to or by a Department of State employee that pertains to any topic specified by the requesting member, regardless of the cable's level of classification, within 15 days after the date on which the member makes such written or verbal request.
Title V: Related Agencies - Appropriates FY 2004 funds for salaries and specified expenses, with restrictions in certain cases, for: (1) the Antitrust Modernization Commission; (2) the Commission for the Preservation of America's Heritage Abroad; (3) the Commission on Civil Rights; (4) the United States Commission on International Religious Freedom; (5) the Commission on Security and Cooperation in Europe; (6) the Congressional-Executive Commission on the People's Republic of China; (7) the Equal Employment Opportunity Commission (EEOC); (8) the Federal Communications Commission;(9) the Federal Trade Commission (FTC); (10) the Helping to Enhance the Livelihood of People (Help) Around the Globe Commission; (11) the Legal Services Corporation; (12) the Marine Mammal Commission; (13) the National Veterans Business Development Corporation; (14) the Securities and Exchange Commission; (15) the Small Business Administration (SBA), including the Office of Inspector General, business loans program account, and the disaster loans program account; (16) the State Justice Institute; and (17) the United States-China Economic and Security Review Commission.
Title VI: General Provisions - (Sec. 601) Prohibits the use of appropriations for publicity or propaganda purposes not authorized by Congress.
(Sec. 603) Limits expenditures for any consulting service through procurement contract to contracts whose expenditures are a matter of public record and available for public inspection, with exceptions.
(Sec. 606) Bars the use of funds in this Act for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of NOAA vessels in shipyards outside the United States.
(Sec. 607) Makes ineligible to receive a contract or subcontract made with funds in this Act any person determined to have intentionally affixed a fraudulent "Made in America" label to any product sold or shipped to the United States.
(Sec. 608) Prohibits the use of funds in this Act to implement, administer, or enforce any EEOC guidelines 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 certain proposed guidelines published on October 1, 1993.
(Sec. 609) Prohibits the use of funds to implement, enforce, or otherwise abide by the Memorandum of Agreement signed by FTC and the Antitrust Division of the Department of Justice on March 5, 2002.
(Sec. 610) Prohibits the use of funds made available by this Act for any United Nations (UN) peacekeeping mission that will involve U.S. armed forces under the command or operational control of a foreign national if the President's military advisors have not recommended such involvement in the national security interests and the President has not made such recommendation to Congress.
(Sec. 611) Requires the Departments of Commerce, Justice, and State, the Judiciary and SBA to make a quarterly accounting to the congressional appropriations committees of the cumulative balances of any unobligated funds that were received by such agency during any previous fiscal year.
(Sec. 612) Prohibits funds appropriated by this Act from being expended to pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts unless the President certifies that the Vietnamese Government is cooperating in specified activities regarding resolution of sightings of, and accounting for, prisoners-of-war and individuals missing in action, recovery and analysis of American remains, and investigations in Laos, pursuant to such prohibition in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999. Applies such requirements during FY 2004.
(Sec. 613) Requires 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 to be absorbed within the total budgetary resources available to such department or agency, with reprogramming in specified circumstances.
(Sec. 614) Limits to only 90 percent of the amount to be awarded under the Local Law Enforcement Block Grant the amount of any such grant to an entity that does not provide health insurance benefits to a public safety officer who retires or is separated from service due to injury suffered directly and proximately in the line of duty while responding to an emergency situation or a hot pursuit that are the same or better than the benefits such officer received while on duty.
(Sec. 615) Prohibits the use of funds in this Act to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.
(Sec. 616) Prohibits expenditure of funds appropriated or otherwise made available by this Act to issue visas to certain individuals from Haiti, including those involved in specified extrajudicial and political killings pursuant to such prohibition in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999.
Continues provisions of such Act during FY 2004 with respect to: (1) exemption of certain individuals from the prohibition; and (2) certain reporting requirements.
(Sec. 617) Prohibits the use of funds in this Act for: (1) the implementation of any tax or fee in connection with the implementation of the national instant criminal background check system for firearms; and (2) any system to implement such background check system that does not require and result in the destruction of any identifying information submitted by or on behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm within 24 hours after the system advises a Federal firearms licensee that possession or receipt of a firearm by the prospective transferee would not violate the Federal Criminal Code or State law.
(Sec. 618) Provides that amounts deposited or available in the Crime Victims Fund in any fiscal year in excess of $625 million shall not be available for obligation until the following fiscal year.
(Sec. 619) Prohibits the use of funds made available in this Act to DOJ to discriminate against, or to denigrate the religious or moral beliefs of, students who participate in programs for which financial assistance is provided from those funds or their parents or legal guardians.
(Sec. 620) Prohibits the availability of funds under this Act for the purpose of granting immigrant or nonimmigrant visas 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 the Immigration and Nationality Act (INA).
(Sec. 621) Appropriates additional amounts under the heading "Small Business Administration, Salaries, and Expenses," for specified entities.
(Sec. 622) Prohibits the use of funds made available in this Act to DOJ to transport a maximum or high security prisoner to a place other than a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure.
(Sec. 623) Prohibits the use of funds under this Act by Federal prisons to purchase audiovisual or electronic equipment used primarily for recreational purposes.
(Sec. 624) Requires a Deputy Assistant Administrator for non-contiguous States and territories, through the Senior Executive Service, to administer SBA programs in Alaska, Hawaii, and the territories, including disaster loans to fishermen, programs benefiting Alaska Native Corporations and Native Hawaiians, including but not limited to section 8(a) and Historically Underutilized Business Zones, and all other programs serving Alaska Natives and Native Hawaiians. Requires disaster loans issued in Alaska to be administered by SBA. Prohibits their sale during FY 2004.
(Sec. 626) Directs the Secretary to negotiate or reevaluate, with the consent of the President, international agreements affecting international ocean policy.
(Sec. 627) Requires the Departments of Commerce, Justice, State, the Judiciary, and SBA, under specified conditions, each to establish a policy under which eligible employees may participate in telecommuting to the maximum extent possible without diminished employee performance.
(Sec. 628) Amends Public Law 107-117 to provide that funds appropriated in it for the SBA Disaster Loans Program Account shall also be used for SBA deferred participation loans to finance the planning, design, or installation of pollution control facilities.
(Sec. 629) Amends the Telecommunications Act of 1996 to require the Federal Communications Commission (FCC) to modify its rules for multiple ownership to increase the national audience reach limitation for television stations to 39 (currently, 35) percent.
Requires a person or entity that exceeds such limitation through grant, transfer, or assignment of an additional license for a commercial television broadcast station, but not through population growth, to comply with the limitation within two years after exceeding it.
Declares that mandatory FCC forbearance from applying regulations to telecommunications carriers or services meeting certain requirements shall not apply to persons or entities that exceed the 39 percent limitation.
Changes from biennial to quadrennial the mandatory review by the FCC of its adopted rules concerning broadcast ownership and all of its ownership rules as part of its regulatory reform review. Makes such requirement inapplicable to any rules relating to the 39 percent national audience reach limitation.
(Sec. 630) Requires Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) data releases to include specified language that would make clear that trace data cannot be used to draw broad conclusions about firearms-related crime.
(Sec. 631) Amends the Small Business Investment Act of 1958 to extend from October 1, 2003, to March 15, 2004, the termination of the authority to apply certain fees to SBA-approved financingof development company debentures.
(Sec. 632) Makes unobligated balances previously made available for loan guarantees under the Defense Loan and Technical Assistance program (DELTA) available until expended for SBA general business loans for plant acquisition, construction, conversion, or expansion.
(Sec. 633) Establishes in the Treasury the International Center for Middle Eastern-Western Dialogue Trust Fund. Requires the income from the Fund to be used for operations of the International Center for Middle Eastern-Western Dialogue to promote dialogue and scholarship in the Middle East.
Authorizes appropriations for each fiscal year from the Fund for the operations of the Dialogue as well as its permanent endowment.
Requires the United States, through the Department of State, to retain ownership of the Palazzo Corpi building in Istanbul, Turkey. Makes the Secretary of State responsible for maintaining the Dialogue at such location.
Amends Federal law with respect to the budget process and the classification of trust funds to include in the list the International Center for Middle Eastern-Western Dialogue Trust Fund.
(Sec. 634) Prohibits the use of funds: (1) to issue patents on claims directed to or encompassing a human organism; (2) to pay expenses for any U.S. delegation to the UN Human Rights Commission if the Commission is chaired or presided over by a country, the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism; or (3) in violation of the Immigration and Nationality Act regarding inadmissibility into the United States of aliens engaged in international child abduction.
(Sec. 637) HELP Commission Act - Establishes the Helping to Enhance the Livelihood of People (HELP) Around the Globe Commission. Specifies the duties of the Commission, including but not limited to: (1) identifying the past and present objectives of U.S. development assistance, successful cases, beneficiaries, and the percentage of the funds that actually reached the intended beneficiaries; (2) studying ways to expand educational opportunities and investments in people, and assess infrastructure needs; (3) analyzing ways in which the United States can coordinate its development assistance programs with those of other donor countries and international organizations, and ways in which the safety of development assistance workers can be ensured, particularly in the midst of conflicts; and (4) comparing the effectiveness of increased and open trade with development assistance, analyzing the advantages and disadvantages of such trade and whether it could be a more effective alternative to U.S. development assistance.
Authorizes appropriations.
Requires the President to report triennially to Congress an analysis of the impact and effectiveness of U.S. economic assistance furnished to each country during the preceding three fiscal years, identifying those receiving at least $5 million of U.S. economic assistance in which it has been most successful and least successful.
(Sec. 638) Rescinds an amount equal to 0.465 percent of the budget authority provided for FY 2004 for any discretionary account in this Act.
Title VII: Rescissions - Rescinds specified prior year appropriation amounts from: (1) DOJ for the Working Capital Fund, the Counterterrorism Fund, the Assets Forfeiture Fund, the Federal Prison System, and the Office of Justice Programs, including for State and local law assistance, community oriented policing services, and for juvenile justice programs; and (2) the Department of Commerce for the International Trade Administration for operations and administration and for NOAA coastal and ocean activities.
Title VIII: Alaskan Fisheries - (Sec. 801) Amends the Magnuson-Stevens Fishery Conservation and Management Act to direct the Secretary of Commerce to approve and implement the Voluntary Three-Pie Cooperative Program for crab fisheries of the Bering Sea and Aleutian Islands, as approved by the North Pacific Fishery Management Council. Authorizes the Council, after such implementation, to submit, and the Secretary to implement, changes to or repeal of conservation and management measures for such fisheries. States that this section shall not preclude the Secretary from approving by January 1, 2005, and implementing any subsequent program amendments approved by the Council. Provides implementation funding.
Declares that an individual processing quota shall be considered a permit for civil and criminal penalty purposes, and may be revoked or limited at any time.
(Sec. 802) Directs the Secretary to establish a pilot program that recognizes the historic participation of fishing vessels and of fish processors for Pacific ocean perch, northern rockfish, and pelagic shelf rockfish harvested in the Central Gulf of Alaska.
Requires such program to: (1) provide for a set-aside of up to five percent for the total allowable catch of such fisheries for catcher vessels not eligible to participate in the pilot program, which shall be delivered to shore-based fish processors also ineligible to participate; and (2) establish catch limits for non-rockfish species and non-target rockfish species currently harvested with Pacific Ocean perch, northern rockfish, and pelagic shelf rockfish, which shall be based on historical harvesting of such bycatch species. States that the pilot program will sunset when a Gulf of Alaska Groundfish comprehensive rationalization plan is authorized by the Council and implemented by the Secretary, or two years from date of implementation, whichever is earlier.
(Sec. 803) Requires the directed pollock fishery in the Aleutian Islands Subarea to be allocated to the Aleut Corporation, which shall provide for all pollock harvesting and processing within the allocation. Allows only fishing vessels meeting certain requirements, including length limits, to form partnerships with the Corporation for such harvesting.
Prohibits the optimum yield for groundfish in the Bering Sea and Aleutian Islands Management Area from exceeding two million metric tons.
Requires the Council to recommend and the Secretary to approve an allocation to the Corporation for economic development in Adak, Alaska.
(Sec. 804) Prohibits a Council or the Secretary from considering or establishing any program to allocate or issue an individual processing quota or processor share in any U.S. fishery other than the crab fisheries of the Bering Sea and Aleutian Islands.
Division C: District of Columbia Appropriations Act, 2004 - District of Columbia Appropriations Act, 2004 - Title I: Federal Funds - Makes appropriations to the District of Columbia for FY 2004, including amounts for the Federal payments: (1) for District of Columbia Resident Tuition Support; (2) for emergency planning and security costs in the District; (3) to District of Columbia Courts; (4) for Defender Services in District of Columbia Courts; (5) to the Court Services and Offender Supervision Agency for the District of Columbia (including transfer of funds); (6) the DC Water and Sewer Authority; (7) to support hospital bioterrorism preparedness in the District; (8) to the DC Department of Transportation for the Anacostia Waterfront Initiative; (9) to the Criminal Justice Coordinating Council; (10) for capital development in the District; (11) for DC Public School facilities; (12) for the Family Literacy Program; (13) to the DC Department of Transportation for a downtown circulator transit system and to offset a portion of the District's allocated operating subsidy payment to the Washington Metropolitan Area Transit Authority; (14) for foster care improvements in the District; (15) to the Chief Financial Officer of the District (CFO); (16) for emergency personnel cross training; and (17) for a DC School Improvement Program.
Title II: District of Columbia Funds - Appropriates specified sums out of the District's general fund and/or other funds for the current fiscal year for: (1) operating expenses (with limitations); (2) governmental direction and support; (3) economic development and regulation; (4) public safety and justice; (5) the public education system (including transfers of funds); (6) human support services (including transfer of funds); (7) public works; (8) the Cash Reserve; (9) the Emergency and Contingency Reserve Fund; (10) repayment of certain loans and interest; (11) payment of interest on short-term borrowing; (12) for principal and interest payments on the District's Certificates of Participation, issued to finance the ground lease underlying the building located at One Judiciary Square; (13) refunds and the payment of legal settlements or judgments that have been entered against the District government; (14) the John A. Wilson Building; (15) workforce investments; (16) certain non-departmental agency costs; (17) pay-as-you-go capital in lieu of capital financing; (18) a Tax Increment Financing Program; (19) making refunds associated with disallowed Medicaid funding; (20) the Water and Sewer Authority; (21) the Washington Aqueduct; (22) the Stormwater Permit Compliance Enterprise Fund; (23) the Lottery and Charitable Games Enterprise Fund; (24) the Sports and Entertainment Commission; (25) the District of Columbia Retirement Board; (26) the Washington Convention Center Enterprise Fund; (27) the National Capital Revitalization Corporation; and (28) capital outlay (including rescissions).
Title III: DC School Choice Incentive Act of 2003 - DC School Choice Incentive Act of 2003 - (Sec. 304) Requires the Secretary of Education to award five-year grants on a competitive basis to educational entities of the District government, nonprofit organizations, and consortia of nonprofit organizations (eligible entities) with approved applications to carry out activities to provide expanded school choice opportunities to students who are DC residents and who come from households with incomes not exceeding 185 percent of the poverty line (eligible students). Authorizes the Secretary to award a single grant or multiple grants, depending on the quality of applications submitted and the priorities of this title.
Requires the Secretary and the Mayor of the District to enter into a memorandum of understanding regarding the design of, selection of eligible entities to receive grants under, and implementation of, a program assisted under this Act.
(Sec. 306) Requires the Secretary to give priority to applications from eligible entities who will most effectively: (1) give priority to eligible students who, in the school year preceding the school year for which they are seeking a scholarship, attended an elementary or secondary school identified for improvement, corrective action, or restructuring; (2) target resources to students and families that lack the financial resources to take advantage of available educational options; and (3) provide students and families with the widest range of educational options.
(Sec. 307) Requires a grantee: (1) under specified conditions, to use the grant funds to provide the students with scholarships to pay the tuition, fees, and transportation expenses, if any, to enable them to attend the DC private elementary or secondary school of their choice; and (2) to ensure that the amount of any tuition or fee charged by a participating school in the grantee's program to a participating eligible student does not exceed the amount of tuition or fees that the school customarily charges to a nonparticipating student.
Authorizes the Secretary to award scholarships in larger amounts to students with the greatest need. Limits scholarships to $7,500 per student for any academic year.
Allows an eligible entity to award a scholarship, for the second or any succeeding year of an eligible student's participation in a program under this Act, to a student who comes from a household whose income does not exceed 200 percent of the poverty line.
(Sec. 308) Prohibits an eligible entity or a school participating in any program under this title from discriminating against program participants or applicants on the basis of race, color, national origin, religion, or sex.
Makes the prohibition on sex discrimination inapplicable to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization to the extent that the application is inconsistent with the religious tenets of the school.
Allows a parent to choose and a school to offer a single-sex school, class, or activity.
Applies the abortion neutrality provision of the Education Amendments of 1972 to this title.
Provides that nothing in this title may be construed to alter or modify the Individuals with Disabilities Act.
Authorizes schools participating in programs under this Act that are operated by, supervised by, controlled by, or connected to, a religious organization to exercise their discretion in matters of employment consistent with title VII of the Civil Rights Act of 1964, including the exemptions in such title.
Declares that funds made available under this Act to eligible students that are received by a participating school, as a result of their parents' choice, shall not, consistent with the first amendment of the Constitution: (1) necessitate any change in such school's teaching mission; (2) require the school to remove religious art, icons, scriptures, or other symbols; or (3) preclude such school from retaining religious terms in its name, selecting its board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents.
Requires a scholarship (or any other form of support provided to parents of eligible students) under this title to be considered as assistance to the student and not to the school that enrolls the student. Provides that the amount of such scholarship or other form of support shall not be treated as income of the parents for purposes of Federal tax laws or for determining eligibility for any other Federal program.
(Sec. 309) Requires the Secretary and the Mayor jointly to select an independent entity to evaluate annually the performance of students who received scholarships under the five-year program, and to make such evaluations public.
Requires the Secretary, through a grant, contract, or cooperative agreement, to: (1) ensure that the evaluation is conducted using the strongest possible research design for determining the effectiveness of the programs funded under this title that addresses the specified issues; and (2) disseminate information on the impact of the programs in increasing the student academic achievement of participating students, and on the impact of the programs on students and schools in the District.
Requires the independent entity to: (1) measure the academic achievement of all participating eligible students; (2) use the same grade appropriate measurement every school year to assess participating eligible students as the measurement used by DC Public Schools to assess its students in the first year of the program; and (3) work with the eligible entities to ensure that the parents of each student who applies for a scholarship (regardless of whether the student receives one) and the parents of each student participating in the scholarship program, agree that the student will participate in the annual measurements.
Requires annual interim reports by the Secretary, and a final report within one year after the final year for which a grant is made.
Limits expenditures for su