Commerce, Justice, State bill

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

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 and Related Agency - Department of Justice Appropriations Act, 2004 - Makes appropriations for the Foreign Terrorist Tracking Task Force.

Makes appropriations for the Department of Justice (DOJ) for: (1) general administration, including for a Joint Automated Booking System, legal activities office automation, conversion to narrowband communications, administrative review and appeals, the Federal Detention Trustee, and the Office of Inspector General; (2) the U.S. Parole Commission; (3) legal activities, including for antitrust activities, the Offices of U.S. Attorneys, the U.S. Trustee Program, the Foreign Claims Settlement Commission, the U.S. Marshals Service, fees and expenses of witnesses, the Community Relations Service, and certain uses of the Assets Forfeiture Fund; (4) interagency crime and drug enforcement and law enforcement support; (5) the Federal Bureau of Investigation; (6) the Drug Enforcement Administration; (7) the Bureau of Alcohol, Tobacco, Firearms and Explosives; (8) the Federal prison system; and (9) Office of Justice programs, including for State and local law enforcement assistance, the Executive Office for Weed and Seed, community oriented policing services, juvenile justice programs, and public safety officers' benefits.

Sets forth authorized uses of, and limitations on, such funds.

(Sec. 102) Prohibits funds appropriated by this title from being used to: (1) 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; or (2) require any person to perform an abortion.

(Sec. 107) Authorizes the Attorney General to transfer forfeited real or personal property to a State of local government agency 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) Limits the use of funds provided in this title for FY 2004 for courts or police for individual tribes in Alaska.

(Sec. 110) Authorizes the Attorney General to extend through FY 2004 the Personnel Management Demonstration Project transferred to the Attorney General under the Homeland Security Act of 2002.

Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 2004 - Makes appropriations to the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) the International Trade Administration; (4) 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 facililies planning and construction grants; (11) information infrastructure grants; (12) the U.S. Patent and Trademark Office; (13) the National Institute of Standards and Technology, including for the Manufacturing Extension Partnership and construction of new research facilities; (14) the National Oceanic and Atmospheric Administration, including for procurement, acquisition, and construction of capital assets; (15) international fisheries commissions; (16) restoration of Pacific salmon populations and implementation of the 1999 Pacific Salmon Treaty Agreement; (17) the Fishermen's Contingency Fund; (18) the Foreign Fishing Observer Fund; (19) the fisheries finance program account; and (20) departmental management, including the Office of Inspector General.

Sets forth authorized uses of, and limitations on, such funds.

(Sec. 212) Authorizes the Secretary of Commerce to operate a marine laboratory in South Carolina in accordance with a specified memorandum of agreement creating a partnership for collaborative, interdisciplinary marine scientific research.

(Sec. 213) Amends the Emergency Steel Loan Guarantee Act of 1999 to extend through December 31, 2005, the emergency steel loan guaranty program.

Title III: The Judiciary - Judicary Appropriations Act, 2004 - Makes 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 for 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.

(Sec. 304) Authorizes a salary adjustment for U.S. justices and judges during FY 2004.

(Sec. 305) Increases by 16.5 percent the annual salaries of the Chief and Associate Justices of the U.S. Supreme Court, U.S. circuit and district judges, and judges of the U.S. Court of International Trade and U.S. Court of Federal Claims.

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: (1) administration of foreign affairs, diplomatic and consular programs; (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, conferences, peacekeeping, and commissions; (13) the International Boundary and Water Commission, United States and Mexico; (14) American sections of specified international commissions; (15) the International Center for Middle Eastern-Western Dialogue; (16) the Eisenhower Exchange Fellowship Program; (17) the Israeli Arab Scholarship Program; (18) the Center for Cultural and Technical Interchange Between East and West, Hawaii; and (19) 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. 404) 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. 405) Declares that, for purposes of registration of birth, certification of nationality, or issuance of a passport of a U.S. citizen born in the city of Jerusalem, the Secretary of State shall, upon the citizen's request, record the place of birth as Israel.

(Sec. 406) Limits to: (1) 231 the occupancy of all facilities leased, acquired, or owned by the Department of State in Paris, France; and (2) 179 the occupancy of all facilities leased, acquired, or owned by the Department of State in Berlin, Germany. Requires any increases in current occupancy in either location to be approved in advance by the congressional appropriations committees.

(Sec. 408) Requires the Secretary of State to submit to such committees the most recent biennial budget for the operations of the United Nations (UN) and to include such budget in the budget justification materials submitted in support of the Department of State budget for each fiscal year.

(Sec. 409) Repeals a provision of the Emergency Wartime Supplemental Appropriations Act, 2003, authorizing the Secretary of Health and Human Services to employ individuals to undertake certain international health activities.

(Sec. 412) Prohibits appropriated funds from being used to carry out a specified directive relating to conditions on assistance for voluntary population planning furnished to foreign nongovernmental organizations.

Title V: Related Agencies - Appropriates funds for salaries and expenses, with restrictions in certain cases, for the: (1) Commission for the Preservation of America's Heritage Abroad; (2) Commission on Civil Rights; (3) U.S. Commission on International Religious Freedom; (4) Commission on Security and Cooperation in Europe; (5) Congressional-Executive Commission on the People's Republic of China; (6) Equal Employment Opportunity Commission; (7) Federal Communications Commission; (8) Federal Trade Commission; (9) Legal Services Corporation; (10) Marine Mammal Commission; (11) National Veterans Business Development Corporation; (12) Securities and Exchange Commission; (13) Small Business Administration (SBA), including the Office of Inspector General; (14) State Justice Institute; and (15) United States-China Economic and Security Review Commission.

Title VI: General Provisions - (Sec. 605) Prohibits funds appropriated under this Act and certain other funds from being made available, without at least 15 days' advance notice to the appropriations committees, 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.

Prohibits the availability of such funds, without such advance notice, for activities, programs, and projects through any reprogramming of funds exceeding the lesser of $500,000 or ten percent that: (1) augments existing programs, projects, or activities; (2) reduces by ten percent funding for an existing program, project, or activity, or numbers of personnel by ten 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.

(Sec. 606) Bans the use of funds in this Act for the construction, non-emergency repair, overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards outside the United States.

(Sec. 607) Prohibits the use of funds for this Act for a UN peacekeeping that will involve U.S. military personnel when the President's military advisors have not recommended to the President that such involvement is in the national security interest.

(Sec. 608) Prohibits the use of funds from this or any other Act to implement, enforce, or otherwise abide by the Memorandum of Agreement signed by the Federal Trade Commission and the Antitrust Division of the Department of Justice on March 5, 2002.

(Sec. 610) Limits to only 90 percent the availability of any award of a Local Law Enforcement Block Grant to an entity employing a public safety officer if the entity does not provide such an officer who retires or is separated from service due to injury suffered as the result of a personal injury sustained in the line of duty while responding to an emergency situation or a hot pursuit with the same or better level of health insurance benefits at the time of retirement or separation as that officer received while on duty.

(Sec. 611) 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 the reduction or removal of restrictions which are not applied equally to all tobacco or tobacco products of the same type).

(Sec. 612) Prohibits the use of funds made available in this Act to issue visas to certain individuals from Haiti, including those involved in specified extrajudicial and political killings.

(Sec. 613) 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; or (2) any system to implement such 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 owning a firearm.

(Sec. 614) Provides that amounts deposited or available in the Crime Victims Fund in any fiscal year in excess of $675 million shall not be available for obligation until the following fiscal year.

(Sec. 615) Prohibits the use of funds made available to DOJ in this Act to transport a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure.

(Sec. 616) Prohibits the use of funds appropriated under this Act by Federal prisons to purchase cable television services or audiovisual or electronic equipment used primarily for recreational purposes (with exceptions for inmate training, religious, or educational programs).

(Sec. 617) Allocates funds appropriated for the SBA under this Act among specified educational and research entities, programs, and activities.

(Sec. 620) Requires a Deputy Assistant Administrator for non-contiguous States and territories to be established through the Senior Executive Service to administer SBA programs in Alaska, Hawaii, and the territories. Requires that all disaster loans issued in Alaska be administered by the SBA and not be sold.

(Sec. 621) Transfers to the International Fisheries Division of the National Marine Fisheries Service of the Department of Commerce the functions performed by the offices of the Bureau of Oceans and International Environmental and Scientific Affairs of the Department of State.

(Sec. 622) Deems members of the National Commission on Terrorist Attacks Upon the United States to be special Government employees without regard to the number of days they perform their duties, as long as they receive per diem compensation for no more than 130 days during any period of 365 consecutive days.

(Sec. 623) Extends through FY 2008 certain Department of Commerce coastal and estuarine management grant programs.

(Sec. 624) Prohibits the use of funds from this Act to grant, transfer, or assign a license for a commercial television broadcast station to any party if such grant, transfer, or assignment would result in such party or any of its stockholders, officers, or other affiliates owning, operating, or controlling an interest in stations which have an aggregate national audience reach exceeding 35 percent.

(Sec. 625) Requires any patient, upon the completion of a contact lens fitting, to be provided with a copy of the contact lens prescription.

(Sec. 626) Amends the Communications Satellite Act of 1962 to prohibit any license for fixed terrestrial services in the 12.2-12.7 gigahertz band from being used for the provision of mobile satellite terrestrial telephony services.

Title VII: Rescissions - Makes specified rescissions from funds appropriated in this Act for: (1) DOJ, with respect to the Counterterrorism Fund, legal activities, and Office of Justice programs; and (2) the Department of Commerce, with respect to the construction of research facilities for the National Institute of Standards and Technology.

Title VIII: Other Matters - (Sec. 801) Coastal and Estuarine Land Protection Act - Directs the Secretary of Commerce (Secretary) to establish a Coastal and Estuarine Land Protection Program to protect the environmental integrity of coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values and that are threatened by conversion from their natural, undeveloped, or recreational state to other uses. Authorizes the Secretary to make Program grants to coastal States, except ones that have lost less than one percent of their wetlands to development or conversion to other land uses, for the purpose of acquiring property interests. Prohibits more than 75 percent of grant funds from being derived from Federal sources.

Authorizes the Secretary to provide up to $5 million for a regional watershed protection demonstration project that: (1) leverages land acquisition funding from other Federal conservation or acquisition programs; (2) involves partnerships with Federal, State, and non-governmental entities; (3) creates conservation corridors; (4) protects habitats under imminent threat of development or conversion; (5) provides water quality protection for areas under the National Estuarine Research Reserve program; and (6) provides a model for future regional watershed protection projects. Reserves 15 percent of Program funds for acquisitions benefitting the National Estuarine Research Reserve.

Specifies that when property is acquired under the Program: (1) title will be held by the grant recipient; (2) property will be managed consistent with the purpose of the program; and (3) funds will be returned to the Secretary if the property is sold, exchanged, or divested.

Amends the Coastal Zone Management Act of 1972 to allow the Secretary to enter into contracts or other arrangements with other Federal agencies (including interagency financing of Coastal America activities), as well as any qualified person, for carrying out technical assistance and research to support coastal zone management. (Current law allows such arrangements only with a qualified person.)

Title IX: Alaskan Fisheries - (Sec. 901) Directs the Secretary 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, after such implementation, the Council to submit, and the Secretary to implement, changes to or repeal of conservation and management measures for such fisheries. Provides implementation funding.

(Sec. 902) Prohibits any funds from this or any subsequent Act from being used for the identification of essential fish habitat with respect to any fisheries under the jurisdiction of the North Pacific Council until the Magnuson-Stevens Fishery Conservation and Management Act is reauthorized.

(Sec. 903) Directs the Secretary to establish a pilot program that recognizes individual fishing histories for fishing vessels and individual processing histories for fish processors for Pacific ocean perch, northern rockfish, and pelagic shelf rockfish harvested in the Central Gulf of Alaska.

(Sec. 904) Requires, beginning January 1, 2004, the directed pollock fishery in the Aleutian Islands Subarea to be allocated to the Aleut Corporation, which shall provide for all polloci 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.

(Sec. 905) States that nothing in this Act shall constitute an approval or authorization by Congress of the consideration or issuance of individual processing quotas or processor shares in any U.S. fishery other than the Bering Sea and Aleutian Islands crab fishery.