Public Law 108-199

PUBLIC LAW 108–199—JAN. 23, 2004

118 STAT. 3

Public Law 108–199
108th Congress
An Act
Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2004,
and for other purposes.

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

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

Consolidated
Appropriations
Act, 2004.

This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2004’’.
SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES PROGRAMS APPROPRIATIONS,
2004
Title I—Agricultural Programs
Title II—Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agencies and Food and Drug Administration
Title VII—General Provisions
DIVISION B—COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND
RELATED AGENCIES APPROPRIATIONS, 2004
Title I—Department of Justice
Title II—Department of Commerce and Related Agencies
Title III—The Judiciary
Title IV—Department of State and Related Agency
Title V—Related Agencies
Title VI—General Provisions
Title VII—Rescissions
Title VIII—Alaskan Fisheries
Title
Title
Title
Title

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

DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED
PROGRAMS APPROPRIATIONS, 2004
Title I—Export and Investment Assistance
Title II—Bilateral Economic Assistance
Title III—Military Assistance
Title IV—Multilateral Economic Assistance

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118 STAT. 4

PUBLIC LAW 108–199—JAN. 23, 2004
Title V—General Provisions
Title VI—Millennium Challenge Act of 2003
DIVISION E—LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS, 2004
Title
Title
Title
Title
Title

I—Department of Labor
II—Department of Health and Human Services
III—Department of Education
IV—Related Agencies
V—General Provisions
DIVISION F—TRANSPORTATION, TREASURY, AND INDEPENDENT
AGENCIES APPROPRIATIONS, 2004

Title I—Department of Transportation
Title II—Department of the Treasury
Title III—Executive Office of the President and Funds Appropriated to the President
Title IV—Independent Agencies
Title V—General Provisions
Title VI—General Provisions—Departments, Agencies, and Corporations
DIVISION G—VETERANS AFFAIRS AND HOUSING AND URBAN
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS, 2004
Title
Title
Title
Title
Title

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

1 USC 1 note.

SEC. 3. REFERENCES.

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

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

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

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

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PUBLIC LAW 108–199—JAN. 23, 2004

118 STAT. 17

cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Resource Conservation
and Recovery Act (42 U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
OFFICE

OF THE

UNDER SECRETARY FOR NATURAL RESOURCES
ENVIRONMENT

AND

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

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

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118 STAT. 18

PUBLIC LAW 108–199—JAN. 23, 2004
with respect to programs listed in section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)).
WATERSHED SURVEYS AND PLANNING

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

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

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

For necessary expenses in planning and carrying out projects
for resource conservation and development and for sound land use
pursuant to the provisions of sections 31 and 32 of the BankheadJones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the
Act of April 27, 1935 (16 U.S.C. 590a–f); and subtitle H of title

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

118 STAT. 19

Contracts.

TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE

OF THE

UNDER SECRETARY

FOR

RURAL DEVELOPMENT

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

(INCLUDING

TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except
for sections 381E–H and 381N of the Consolidated Farm and Rural
Development Act, $757,425,000, to remain available until expended,
of which $75,919,000 shall be for rural community programs
described in section 381E(d)(1) of such Act; of which $605,006,000
shall be for the rural utilities programs described in sections
381E(d)(2), 306C(a)(2), and 306D of such Act, of which not to exceed
$500,000 shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to exceed
$1,000,000 shall be available for the rural utilities program
described in section 306E of such Act; and of which $76,500,000
shall be for the rural business and cooperative development programs described in sections 381E(d)(3) and 310B(f) of such Act:
Provided, That of the amount appropriated for rural business and
cooperative development programs, $100,000 shall be for a pilot
program in the State of Alaska to assist communities with community planning: Provided further, That of the total amount appropriated in this account, $24,000,000 shall be for loans and grants
to benefit federally recognized Native American tribes, including
grants for drinking water and waste disposal systems pursuant
to section 306C of such Act, of which $4,000,000 shall be available
for community facilities grants to tribal colleges, as authorized
by section 306(a)(19) of the Consolidated Farm and Rural Development Act, and of which $250,000 shall be available for a grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development:

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118 STAT. 20

PUBLIC LAW 108–199—JAN. 23, 2004
Provided further, That of the amount appropriated for rural community programs, $6,000,000 shall be available for a Rural Community
Development Initiative: Provided further, That such funds shall
be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development
organizations, low-income rural communities, and federally recognized Native American tribes to undertake projects to improve
housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds
shall be made available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program of
financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That of the amount
appropriated for the rural business and cooperative development
programs, not to exceed $500,000 shall be made available for a
grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development; $1,750,000 shall be for grants to the Delta Regional Authority
(7 U.S.C. 1921 et seq.); and not less than $2,000,000 shall be
available for grants in accordance with section 310B(f) of the
Consolidated Farm and Rural Development Act: Provided further,
That of the amount appropriated for rural utilities programs, not
to exceed $25,000,000 shall be for water and waste disposal systems
to benefit the Colonias along the United States/Mexico border,
including grants pursuant to section 306C of such Act; not to
exceed $28,000,000 shall be for water and waste disposal systems
for rural and native villages in Alaska pursuant to section 306D
of such Act, with up to 1 percent available to administer the
program and up to 1 percent available to improve interagency
coordination may be transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’, of which
$100,000 shall be provided to develop a regional system for centralized billing, operation, and management of rural water and sewer
utilities through regional cooperatives, of which 25 percent shall
be provided for water and sewer projects in regional hubs, and
the State of Alaska shall provide a 25 percent cost share; not
to exceed $17,733,000 shall be for technical assistance grants for
rural water and waste systems pursuant to section 306(a)(14) of
such Act, of which $5,513,000 shall be for Rural Community Assistance Programs; and not to exceed $13,000,000 shall be for contracting with qualified national organizations for a circuit rider
program to provide technical assistance for rural water systems:
Provided further, That of the amount appropriated for the circuit
rider program, Alaska shall receive two additional full circuit rider
contracts and not less than $750,000 shall be for contracting with
qualified national organizations to establish a Native American
circuit rider program to provide technical assistance for rural water
systems: Provided further, That of the total amount appropriated,
not to exceed $22,132,000 shall be available through June 30,
2004, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture
as Rural Economic Area Partnership Zones; of which $1,000,000
shall be for the rural community programs described in section
381E(d)(1) of such Act, of which $12,582,000 shall be for the rural
utilities programs described in section 381E(d)(2) of such Act, and

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PUBLIC LAW 108–199—JAN. 23, 2004

118 STAT. 21

of which $8,550,000 shall be for the rural business and cooperative
development programs described in section 381E(d)(3) of such Act:
Provided further, That of the amount appropriated for rural community programs, not to exceed $22,000,000 shall be to provide grants
for facilities in rural communities with extreme unemployment
and severe economic depression (Public Law 106–387), with 5 percent for administration and capacity building in the State rural
development offices: Provided further, That of the amount appropriated, $28,000,000 shall be transferred to and merged with the
‘‘Rural Utilities Service, High Energy Cost Grants Account’’ to provide grants authorized under section 19 of the Rural Electrification
Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year
balances for high cost energy grants authorized by section 19 of
the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be
transferred to and merged with the ‘‘Rural Utilities Service, High
Energy Costs Grants Account’’.
RURAL DEVELOPMENT SALARIES
(INCLUDING

AND

EXPENSES

TRANSFERS OF FUNDS)

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

(INCLUDING

TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $4,091,634,000 for loans to section 502 borrowers,
as determined by the Secretary, of which $1,366,462,000 shall be
for direct loans, and of which $2,725,172,000 shall be for unsubsidized guaranteed loans; $35,004,000 for section 504 housing repair
loans; $116,545,000 for section 515 rental housing; $100,000,000
for section 538 guaranteed multi-family housing loans; $5,045,000
for section 524 site loans; $11,500,000 for credit sales of acquired
property, of which up to $1,500,000 may be for multi-family credit
sales; and $2,400,000 for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans,

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118 STAT. 22

PUBLIC LAW 108–199—JAN. 23, 2004
$165,921,000, of which $126,018,000 shall be for direct loans, and
of which $39,903,000, to remain available until expended, shall
be for unsubsidized guaranteed loans; section 504 housing repair
loans, $9,612,000; section 515 rental housing, $50,126,000; section
538 multi-family housing guaranteed loans, $5,950,000; multifamily credit sales of acquired property, $663,000; and section 523
self-help housing land development loans, $75,000: Provided, That
of the total amount appropriated in this paragraph, $7,100,000
shall be available through June 30, 2004, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $443,302,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
RENTAL ASSISTANCE PROGRAM

Contracts.

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

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

For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and
1490m, $46,222,000, to remain available until expended, of which

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PUBLIC LAW 108–199—JAN. 23, 2004

118 STAT. 23

$5,000,000 shall be available for a processing and/or fishery workers
housing demonstration project in Alaska, Mississippi, Utah, and
Wisconsin: Provided, That of the total amount appropriated,
$1,800,000 shall be available through June 30, 2004, for authorized
empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
FARM LABOR PROGRAM ACCOUNT

For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $36,307,000, to remain available
until expended, for direct farm labor housing loans and domestic
farm labor housing grants and contracts.
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING

TRANSFER OF FUNDS)

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

(INCLUDING

RESCISSION OF FUNDS)

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

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