    [Congressional Bills 108th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 4818 Enrolled Bill (ENR)]

            H.R.4818

                           One Hundred Eighth Congress

                                     of the

                            United States of America

                              AT THE SECOND SESSION

              Begun and held at the City of Washington on Tuesday,
               the twentieth day of January, two thousand and four

                                     An Act

      Making appropriations for foreign operations, export financing, and
    related programs for the fiscal year ending September 30, 2005, 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.

        This Act may be cited as the ``Consolidated Appropriations Act,
    2005''.

    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.
    Sec. 4. Statement of appropriations.

           DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
          ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

    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--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
                  AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

    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--Patent and Trademark Fees
    Title IX--Oceans and Human Health Act

        DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005

    Title I--Department of Defense--Civil
    Title II--Department of the Interior
    Title III--Department of Energy
    Title IV--Independent Agencies
    Title V--General Provisions
    Title VI--Reform of the Board of Directors of the Tennessee Valley
              Authority

     DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
                            APPROPRIATIONS ACT, 2005

    Title I--Export and Investment Assistance
    Title II--Bilateral Economic Assistance
    Title III--Military Assistance
    Title IV--Multilateral Economic Assistance
    Title V--General Provisions

          DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2005

    Title I--Department of the Interior
    Title II--Related Agencies
    Title III--General Provisions
    Title IV--Urgent Wildland Fire Suppression Activities
    Title V--General Reduction

        DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
            EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

    Title I--Department of Labor
    Title II--Department of Health and Human Services
    Title III--Department of Education
    Title IV--Related Agencies
    Title V--General Provisions

             DIVISION G--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005

    Title I--Legislative Branch Appropriations
    Title II--General Provisions

    DIVISION H--TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, AND GENERAL
                       GOVERNMENT APPROPRIATIONS ACT, 2005

    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

       DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
         DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005

    Title I--Department of Veterans Affairs
    Title II--Department of Housing and Urban Development
    Title III--Independent Agencies
    Title IV--General Provisions

                            DIVISION J--OTHER MATTERS

    Title I--Miscellaneous Provisions and Offsets
    Title II--225th Anniversary of the American Revolution Commemoration Act
    Title III--Rural Air Service Improvement Act of 2004
    Title IV--L-1 Visa and H-1B Visa Reform Act
    Title V--National Aviation Heritage Area Act
    Title VI--Oil Region National Heritage Area Act
    Title VII--Mississippi Gulf Coast National Heritage Area Act
    Title VIII--Federal Lands Recreation Enhancement Act
    Title IX--Satellite Home Viewer Extension and Reauthorization Act of
              2004
    Title X--Snake River Water Rights Act of 2004

                           DIVISION K--SMALL BUSINESS

    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.

    SEC. 4. STATEMENT OF APPROPRIATIONS.

        The following sums in this Act are appropriated, out of any money
    in the Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2005.

           DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
         ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

                                    TITLE I

                             AGRICULTURAL PROGRAMS

                     Production, Processing, and Marketing

                            Office of the Secretary

        For necessary expenses of the Office of the Secretary of
    Agriculture, $5,124,000: Provided, That not to exceed $11,000 of this
    amount shall be available for official reception and representation
    expenses, not otherwise provided for, as determined by the Secretary.

                              Executive Operations

                                 Chief Economist

        For necessary expenses of the Chief Economist, including economic
    analysis, risk assessment, cost-benefit analysis, energy and new uses,
    and the functions of the World Agricultural Outlook Board, as
    authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g),
    $10,317,000.

                            National Appeals Division

        For necessary expenses of the National Appeals Division,
    $14,331,000.

                      Office of Budget and Program Analysis

        For necessary expenses of the Office of Budget and Program
    Analysis, $8,228,000.

                             Homeland Security Staff

        For necessary expenses of the Homeland Security Staff, $775,000.

                    Office of the Chief Information Officer

        For necessary expenses of the Office of the Chief Information
    Officer, $16,595,000.

                          Common Computing Environment

        For necessary expenses to acquire a Common Computing Environment
    for the Natural Resources Conservation Service, the Farm and Foreign
    Agricultural Service, and Rural Development mission areas for
    information technology, systems, and services, $125,585,000, to remain
    available until expended, for the capital asset acquisition of shared
    information technology systems, including services as authorized by 7
    U.S.C. 6915-16 and 40 U.S.C. 1421-28: Provided, That obligation of
    these funds shall be consistent with the Department of Agriculture
    Service Center Modernization Plan of the county-based agencies, and
    shall be with the concurrence of the Department's Chief Information
    Officer.

                     Office of the Chief Financial Officer

        For necessary expenses of the Office of the Chief Financial
    Officer, $5,742,000: Provided, That the Chief Financial Officer shall
    actively market and expand cross-servicing activities of the National
    Finance Center: Provided further, That no funds made available by this
    appropriation may be obligated for FAIR Act or Circular A-76 activities
    until the Secretary has submitted to the Committees on Appropriations
    of both Houses of Congress and the Committee on Government Reform of
    the House of Representatives a report on the Department's contracting
    out policies, including agency budgets for contracting out.

                              Working Capital Fund

        For the acquisition of disaster recovery and continuity of
    operations technology of the National Finance Center's data,
    $12,850,000, to remain available until expended.

               Office of the Assistant Secretary for Civil Rights

        For necessary salaries and expenses of the Office of the Assistant
    Secretary for Civil Rights, $818,000.

                             Office of Civil Rights

        For necessary expenses of the Office of Civil Rights, $19,889,000.

              Office of the Assistant Secretary for Administration

        For necessary salaries and expenses of the Office of the Assistant
    Secretary for Administration, $669,000.

            Agriculture Buildings and Facilities and Rental Payments

                          (including transfers of funds)

        For payment of space rental and related costs pursuant to Public
    Law 92-313, including authorities pursuant to the 1984 delegation of
    authority from the Administrator of General Services to the Department
    of Agriculture under 40 U.S.C. 486, for programs and activities of the
    Department which are included in this Act, and for alterations and
    other actions needed for the Department and its agencies to consolidate
    unneeded space into configurations suitable for release to the
    Administrator of General Services, and for the operation, maintenance,
    improvement, and repair of Agriculture buildings and facilities, and
    for related costs, $163,870,000, to remain available until expended:
    Provided, That not to exceed 5 percent of amounts which are made
    available for space rental and related costs for the Department of
    Agriculture in this Act may be transferred between such appropriations
    to cover the costs of new or replacement space 15 days after notice
    thereof is transmitted to the Appropriations Committees of both Houses
    of Congress.

                         Hazardous Materials Management

                          (including transfers of funds)

        For necessary expenses of the Department of Agriculture, to comply
    with the Comprehensive Environmental Response, Compensation, and
    Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
    and Recovery Act (42 U.S.C. 6901 et seq.), $15,532,000, to remain
    available until expended: Provided, That appropriations and funds
    available herein to the Department for Hazardous Materials Management
    may be transferred to any agency of the Department for its use in
    meeting all requirements pursuant to the above Acts on Federal and non-
    Federal lands.

                          Departmental Administration

                          (including transfers of funds)

        For Departmental Administration, $22,626,000, to provide for
    necessary expenses for management support services to offices of the
    Department and for general administration, security, repairs and
    alterations, and other miscellaneous supplies and expenses not
    otherwise provided for and necessary for the practical and efficient
    work of the Department: Provided, That this appropriation shall be
    reimbursed from applicable appropriations in this Act for travel
    expenses incident to the holding of hearings as required by 5 U.S.C.
    551-558.

         Office of the Assistant Secretary for Congressional Relations

                          (including transfers of funds)

        For necessary salaries and expenses of the Office of the Assistant
    Secretary for Congressional Relations to carry out the programs funded
    by this Act, including programs involving intergovernmental affairs and
    liaison within the executive branch, $3,852,000: Provided, That these
    funds may be transferred to agencies of the Department of Agriculture
    funded by this Act to maintain personnel at the agency level: Provided
    further, That no funds made available by this appropriation may be
    obligated after 30 days from the date of enactment of this Act, unless
    the Secretary has notified the Committees on Appropriations of both
    Houses of Congress on the allocation of these funds by USDA agency:
    Provided further, That no other funds appropriated to the Department by
    this Act shall be available to the Department for support of activities
    of congressional relations.

                            Office of Communications

        For necessary expenses to carry out services relating to the
    coordination of programs involving public affairs, for the
    dissemination of agricultural information, and the coordination of
    information, work, and programs authorized by Congress in the
    Department, $9,365,000: Provided, That not to exceed $2,000,000 may be
    used for farmers' bulletins.

                        Office of the Inspector General

        For necessary expenses of the Office of the Inspector General,
    including employment pursuant to the Inspector General Act of 1978,
    $78,289,000, including such sums as may be necessary for contracting
    and other arrangements with public agencies and private persons
    pursuant to section 6(a)(9) of the Inspector General Act of 1978, and
    including not to exceed $125,000 for certain confidential operational
    expenses, including the payment of informants, to be expended under the
    direction of the Inspector General pursuant to Public Law 95-452 and
    section 1337 of Public Law 97-98.

                         Office of the General Counsel

        For necessary expenses of the Office of the General Counsel,
    $35,861,000.

      Office of the Under Secretary for Research, Education and Economics

        For necessary salaries and expenses of the Office of the Under
    Secretary for Research, Education and Economics to administer the laws
    enacted by the Congress for the Economic Research Service, the National
    Agricultural Statistics Service, the Agricultural Research Service, and
    the Cooperative State Research, Education, and Extension Service,
    $592,000.

                           Economic Research Service

        For necessary expenses of the Economic Research Service in
    conducting economic research and analysis, as authorized by the
    Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
    $74,768,000.

                    National Agricultural Statistics Service

        For necessary expenses of the National Agricultural Statistics
    Service in conducting statistical reporting and service work, including
    crop and livestock estimates, statistical coordination and
    improvements, marketing surveys, and the Census of Agriculture, as
    authorized by 7 U.S.C. 1621-1627 and 2204g, and other laws,
    $129,480,000, of which up to $22,405,000 shall be available until
    expended for the Census of Agriculture.

                         Agricultural Research Service

                              Salaries and Expenses

        For necessary expenses to enable the Agricultural Research Service
    to perform agricultural research and demonstration relating to
    production, utilization, marketing, and distribution (not otherwise
    provided for); home economics or nutrition and consumer use including
    the acquisition, preservation, and dissemination of agricultural
    information; and for acquisition of lands by donation, exchange, or
    purchase at a nominal cost not to exceed $100, and for land exchanges
    where the lands exchanged shall be of equal value or shall be equalized
    by a payment of money to the grantor which shall not exceed 25 percent
    of the total value of the land or interests transferred out of Federal
    ownership, $1,110,887,000: Provided, That appropriations hereunder
    shall be available for the operation and maintenance of aircraft and
    the purchase of not to exceed one for replacement only: Provided
    further, That appropriations hereunder shall be available pursuant to 7
    U.S.C. 2250 for the construction, alteration, and repair of buildings
    and improvements, but unless otherwise provided, the cost of
    constructing any one building shall not exceed $375,000, except for
    headhouses or greenhouses which shall each be limited to $1,200,000,
    and except for 10 buildings to be constructed or improved at a cost not
    to exceed $750,000 each, and the cost of altering any one building
    during the fiscal year shall not exceed 10 percent of the current
    replacement value of the building or $375,000, whichever is greater:
    Provided further, That the limitations on alterations contained in this
    Act shall not apply to modernization or replacement of existing
    facilities at Beltsville, Maryland: Provided further, That
    appropriations hereunder shall be available for granting easements at
    the Beltsville Agricultural Research Center: Provided further, That the
    foregoing limitations shall not apply to replacement of buildings
    needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
    Provided further, That funds may be received from any State, other
    political subdivision, organization, or individual for the purpose of
    establishing or operating any research facility or research project of
    the Agricultural Research Service, as authorized by law: Provided
    further, That all rights and title of the United States in the 1.0664-
    acre parcel of land including improvements, as recorded at Book 1320,
    Page 253, records of Larimer County, State of Colorado, shall be
    conveyed to the Board of Governors of the Colorado State University for
    the benefit of Colorado State University.
        None of the funds appropriated under this heading shall be
    available to carry out research related to the production, processing,
    or marketing of tobacco or tobacco products.

                             Buildings and Facilities

        For acquisition of land, construction, repair, improvement,
    extension, alteration, and purchase of fixed equipment or facilities as
    necessary to carry out the agricultural research programs of the
    Department of Agriculture, where not otherwise provided, $187,838,000,
    to remain available until expended.

          Cooperative State Research, Education, and Extension Service

                        Research and Education Activities

        For payments to agricultural experiment stations, for cooperative
    forestry and other research, for facilities, and for other expenses,
    $660,781,000, as follows: to carry out the provisions of the Hatch Act
    of 1887 (7 U.S.C. 361a-i), $180,148,000; for grants for cooperative
    forestry research (16 U.S.C. 582a through a-7), $22,384,000; for
    payments to the 1890 land-grant colleges, including Tuskegee University
    and West Virginia State University (7 U.S.C. 3222), $37,000,000, of
    which $1,507,496 shall be made available only for the purpose of
    ensuring that each institution shall receive no less than $1,000,000;
    for special grants for agricultural research (7 U.S.C. 450i(c)),
    $121,284,000; for special grants for agricultural research on improved
    pest control (7 U.S.C. 450i(c)), $15,280,000; for competitive research
    grants (7 U.S.C. 450i(b)), $181,000,000; for the support of animal
    health and disease programs (7 U.S.C. 3195), $5,098,000; for
    supplemental and alternative crops and products (7 U.S.C. 3319d),
    $1,196,000; for grants for research pursuant to the Critical
    Agricultural Materials Act (7 U.S.C. 178 et seq.), $1,111,000, to
    remain available until expended; for the 1994 research grants program
    for 1994 institutions pursuant to section 536 of Public Law 103-382 (7
    U.S.C. 301 note), $1,087,000, to remain available until expended; for
    rangeland research grants (7 U.S.C. 3333), $1,000,000; for higher
    education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,000,000,
    to remain available until expended (7 U.S.C. 2209b); for higher
    education challenge grants (7 U.S.C. 3152(b)(1)), $5,500,000; for a
    higher education multicultural scholars program (7 U.S.C. 3152(b)(5)),
    $998,000, to remain available until expended (7 U.S.C. 2209b); for an
    education grants program for Hispanic-serving Institutions (7 U.S.C.
    3241), $5,645,000; for noncompetitive grants for the purpose of
    carrying out all provisions of 7 U.S.C. 3242 (section 759 of Public Law
    106-78) to individual eligible institutions or consortia of eligible
    institutions in Alaska and in Hawaii, with funds awarded equally to
    each of the States of Alaska and Hawaii, $3,500,000; for a secondary
    agriculture education program and 2-year post-secondary education (7
    U.S.C. 3152(j)), $1,000,000; for aquaculture grants (7 U.S.C. 3322),
    $4,000,000; for sustainable agriculture research and education (7
    U.S.C. 5811), $12,500,000; for a program of capacity building grants (7
    U.S.C. 3152(b)(4)) to colleges eligible to receive funds under the Act
    of August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee
    University and West Virginia State University, $12,411,000, to remain
    available until expended (7 U.S.C. 2209b); for payments to the 1994
    Institutions pursuant to section 534(a)(1) of Public Law 103-382,
    $2,250,000; for resident instruction grants for insular areas under
    section 1491 of the National Agricultural Research, Extension, and
    Teaching Policy Act of 1977 (7 U.S.C. 3363), $500,000; and for
    necessary expenses of Research and Education Activities, $42,889,000.
        None of the funds appropriated under this heading shall be
    available to carry out research related to the production, processing,
    or marketing of tobacco or tobacco products: Provided, That this
    paragraph shall not apply to research on the medical, biotechnological,
    food, and industrial uses of tobacco.

                   native american institutions endowment fund

        For the Native American Institutions Endowment Fund authorized by
    Public Law 103-382 (7 U.S.C. 301 note), $12,000,000.

                               Extension Activities

        For payments to States, the District of Columbia, Puerto Rico,
    Guam, the Virgin Islands, Micronesia, Northern Marianas, and American
    Samoa, $449,225,000, as follows: payments for cooperative extension
    work under the Smith-Lever Act, to be distributed under sections 3(b)
    and 3(c) of said Act, and under section 208(c) of Public Law 93-471,
    for retirement and employees' compensation costs for extension agents,
    $277,742,000; payments for extension work at the 1994 Institutions
    under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,273,000; payments
    for the nutrition and family education program for low-income areas
    under section 3(d) of the Act, $58,909,000; payments for the pest
    management program under section 3(d) of the Act, $10,000,000; payments
    for the farm safety program under section 3(d) of the Act, $4,600,000;
    payments to upgrade research, extension, and teaching facilities at the
    1890 land-grant colleges, including Tuskegee University and West
    Virginia State University, as authorized by section 1447 of Public Law
    95-113 (7 U.S.C. 3222b), $16,912,000, to remain available until
    expended; payments for youth-at-risk programs under section 3(d) of the
    Smith-Lever Act, $7,538,000; for youth farm safety education and
    certification extension grants, to be awarded competitively under
    section 3(d) of the Act, $444,000; payments for carrying out the
    provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C.
    1671 et seq.), $4,093,000; payments for Indian reservation agents under
    section 3(d) of the Smith-Lever Act, $1,774,000; payments for
    sustainable agriculture programs under section 3(d) of the Act,
    $4,100,000; payments for rural health and safety education as
    authorized by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)),
    $1,981,000; payments for cooperative extension work by the colleges
    receiving the benefits of the second Morrill Act (7 U.S.C. 321-326 and
    328) and Tuskegee University and West Virginia State University,
    $33,133,000, of which $1,724,884 shall be made available only for the
    purpose of ensuring that each institution shall receive no less than
    $1,000,000; for grants to youth organizations pursuant to section 7630
    of title 7, United States Code, $2,667,000; and for necessary expenses
    of Extension Activities, $22,059,000.

                              integrated activities

        For the integrated research, education, and extension grants
    programs, including necessary administrative expenses, $55,153,000, as
    follows: for competitive grants programs authorized under section 406
    of the Agricultural Research, Extension, and Education Reform Act of
    1998 (7 U.S.C. 7626), $43,058,000, including $12,971,000 for the water
    quality program, $14,967,000 for the food safety program, $4,200,000
    for the regional pest management centers program, $4,500,000 for the
    Food Quality Protection Act risk mitigation program for major food crop
    systems, $1,400,000 for the crops affected by Food Quality Protection
    Act implementation, $3,131,000 for the methyl bromide transition
    program, and $1,889,000 for the organic transition program; for a
    competitive international science and education grants program
    authorized under section 1459A of the National Agricultural Research,
    Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
    available until expended, $1,000,000; for grants programs authorized
    under section 2(c)(1)(B) of Public Law 89-106, as amended, $750,000, to
    remain available until September 30, 2006 for the critical issues
    program, and $1,345,000 for the regional rural development centers
    program; and $9,000,000 for the homeland security program authorized
    under section 1484 of the National Agricultural Research, Extension,
    and Teaching Act of 1977, to remain available until September 30, 2006.

                   Outreach for Socially Disadvantaged Farmers

        For grants and contracts pursuant to section 2501 of the Food,
    Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
    $5,935,000, to remain available until expended.

      Office of the Under Secretary for Marketing and Regulatory Programs

        For necessary salaries and expenses of the Office of the Under
    Secretary for Marketing and Regulatory Programs to administer programs
    under the laws enacted by the Congress for the Animal and Plant Health
    Inspection Service; the Agricultural Marketing Service; and the Grain
    Inspection, Packers and Stockyards Administration; $721,000.

                   Animal and Plant Health Inspection Service

                              Salaries and Expenses

                          (including transfers of funds)

        For expenses, not otherwise provided for, necessary to prevent,
    control, and eradicate pests and plant and animal diseases; to carry
    out inspection, quarantine, and regulatory activities; and to protect
    the environment, as authorized by law, $814,623,000, of which
    $4,119,000 shall be available for the control of outbreaks of insects,
    plant diseases, animal diseases and for control of pest animals and
    birds to the extent necessary to meet emergency conditions; of which
    $47,500,000 shall be used for the boll weevil eradication program for
    cost share purposes or for debt retirement for active eradication
    zones; of which $33,197,000 shall be available for a National Animal
    Identification program: Provided, That no funds shall be used to
    formulate or administer a brucellosis eradication program for the
    current fiscal year that does not require minimum matching by the
    States of at least 40 percent: Provided further, That this
    appropriation shall be available for the operation and maintenance of
    aircraft and the purchase of not to exceed four, of which two shall be
    for replacement only: Provided further, That, in addition, in
    emergencies which threaten any segment of the agricultural production
    industry of this country, the Secretary may transfer from other
    appropriations or funds available to the agencies or corporations of
    the Department such sums as may be deemed necessary, to be available
    only in such emergencies for the arrest and eradication of contagious
    or infectious disease or pests of animals, poultry, or plants, and for
    expenses in accordance with sections 10411 and 10417 of the Animal
    Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
    of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any
    unexpended balances of funds transferred for such emergency purposes in
    the preceding fiscal year shall be merged with such transferred
    amounts: Provided further, That appropriations hereunder shall be
    available pursuant to law (7 U.S.C. 2250) for the repair and alteration
    of leased buildings and improvements, but unless otherwise provided the
    cost of altering any one building during the fiscal year shall not
    exceed 10 percent of the current replacement value of the building:
    Provided further, That no funds shall be used to implement a national
    animal identification system prior to notification to the Committees on
    Appropriations which shall include a detailed explanation of the
    components of such system.
        In fiscal year 2005, the agency is authorized to collect fees to
    cover the total costs of providing technical assistance, goods, or
    services requested by States, other political subdivisions, domestic
    and international organizations, foreign governments, or individuals,
    provided that such fees are structured such that any entity's liability
    for such fees is reasonably based on the technical assistance, goods,
    or services provided to the entity by the agency, and such fees shall
    be credited to this account, to remain available until expended,
    without further appropriation, for providing such assistance, goods, or
    services.

                             Buildings and Facilities

        For plans, construction, repair, preventive maintenance,
    environmental support, improvement, extension, alteration, and purchase
    of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
    acquisition of land as authorized by 7 U.S.C. 428a, $4,967,000, to
    remain available until expended.

                         Agricultural Marketing Service

                                Marketing Services

        For necessary expenses to carry out services related to consumer
    protection, agricultural marketing and distribution, transportation,
    and regulatory programs, as authorized by law, and for administration
    and coordination of payments to States, $75,698,000, including funds
    for the wholesale market development program for the design and
    development of wholesale and farmer market facilities for the major
    metropolitan areas of the country: Provided, That this appropriation
    shall be available pursuant to law (7 U.S.C. 2250) for the alteration
    and repair of buildings and improvements, but the cost of altering any
    one building during the fiscal year shall not exceed 10 percent of the
    current replacement value of the building.
        Fees may be collected for the cost of standardization activities,
    as established by regulation pursuant to law (31 U.S.C. 9701).

                      limitation on administrative expenses

        Not to exceed $64,459,000 (from fees collected) shall be obligated
    during the current fiscal year for administrative expenses: Provided,
    That if crop size is understated and/or other uncontrollable events
    occur, the agency may exceed this limitation by up to 10 percent with
    notification to the Committees on Appropriations of both Houses of
    Congress.

         Funds for Strengthening Markets, Income, and Supply (Section 32)

                          (including transfers of funds)

        Funds available under section 32 of the Act of August 24, 1935 (7
    U.S.C. 612c), shall be used only for commodity program expenses as
    authorized therein, and other related operating expenses, except for:
    (1) transfers to the Department of Commerce as authorized by the Fish
    and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
    this Act; and (3) not more than $15,800,000 for formulation and
    administration of marketing agreements and orders pursuant to the
    Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
    of 1961.

                        Payments to States and Possessions

        For payments to departments of agriculture, bureaus and departments
    of markets, and similar agencies for marketing activities under section
    204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
    $3,847,000, of which not less than $2,500,000 shall be used to make a
    grant under this heading.

            Grain Inspection, Packers and Stockyards Administration

                              Salaries and Expenses

        For necessary expenses to carry out the provisions of the United
    States Grain Standards Act, for the administration of the Packers and
    Stockyards Act, for certifying procedures used to protect purchasers of
    farm products, and the standardization activities related to grain
    under the Agricultural Marketing Act of 1946, $37,299,000: Provided,
    That this appropriation shall be available pursuant to law (7 U.S.C.
    2250) for the alteration and repair of buildings and improvements, but
    the cost of altering any one building during the fiscal year shall not
    exceed 10 percent of the current replacement value of the building.

             Limitation on Inspection and Weighing Services Expenses

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

                 Office of the Under Secretary for Food Safety

        For necessary salaries and expenses of the Office of the Under
    Secretary for Food Safety to administer the laws enacted by the
    Congress for the Food Safety and Inspection Service, $595,000.

                       Food Safety and Inspection Service

        For necessary expenses to carry out services authorized by the
    Federal Meat Inspection Act, the Poultry Products Inspection Act, and
    the Egg Products Inspection Act, including not to exceed $50,000 for
    representation allowances and for expenses pursuant to section 8 of the
    Act approved August 3, 1956 (7 U.S.C. 1766), $823,760,000, of which no
    less than $742,305,000 shall be available for Federal food safety
    inspection; and in addition, $1,000,000 may be credited to this account
    from fees collected for the cost of laboratory accreditation as
    authorized by section 1327 of the Food, Agriculture, Conservation and
    Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 63 full
    time equivalent positions above the fiscal year 2002 level shall be
    employed during fiscal year 2005 for purposes dedicated solely to
    inspections and enforcement related to the Humane Methods of Slaughter
    Act: Provided further, That of the amount available under this heading,
    notwithstanding section 704 of this Act $3,000,000, available until
    September 30, 2006, shall be obligated to include the Humane Animal
    Tracking System as part of the Field Automation and Information
    Management System following notification to the Committees on
    Appropriations, which shall include a detailed explanation of the
    components of such system: Provided further, That of the total amount
    made available under this heading, no less than $20,653,000 shall be
    obligated for regulatory and scientific training: Provided further,
    That this appropriation shall be available pursuant to law (7 U.S.C.
    2250) for the alteration and repair of buildings and improvements, but
    the cost of altering any one building during the fiscal year shall not
    exceed 10 percent of the current replacement value of the building.

        Office of the Under Secretary for Farm and Foreign Agricultural
                                    Services

        For necessary salaries and expenses of the Office of the Under
    Secretary for Farm and Foreign Agricultural Services to administer the
    laws enacted by Congress for the Farm Service Agency, the Foreign
    Agricultural Service, the Risk Management Agency, and the Commodity
    Credit Corporation, $631,000.

                              Farm Service Agency

                              Salaries and Expenses

                          (including transfers of funds)

        For necessary expenses for carrying out the administration and
    implementation of programs administered by the Farm Service Agency,
    $1,007,597,000: Provided, That the Secretary is authorized to use the
    services, facilities, and authorities (but not the funds) of the
    Commodity Credit Corporation to make program payments for all programs
    administered by the Agency: Provided further, That other funds made
    available to the Agency for authorized activities may be advanced to
    and merged with this account.

                              State Mediation Grants

        For grants pursuant to section 502(b) of the Agricultural Credit
    Act of 1987, as amended (7 U.S.C. 5101-5106), $4,000,000.

                             dairy indemnity program

                          (including transfer of funds)

        For necessary expenses involved in making indemnity payments to
    dairy farmers and manufacturers of dairy products under a dairy
    indemnity program, $100,000, to remain available until expended:
    Provided, That such program is carried out by the Secretary in the same
    manner as the dairy indemnity program described in the Agriculture,
    Rural Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).

                Agricultural Credit Insurance Fund Program Account

                          (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
    U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
    U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available
    from funds in the Agricultural Credit Insurance Fund, as follows: farm
    ownership loans, $1,610,000,000, of which $1,400,000,000 shall be for
    guaranteed loans and $210,000,000 shall be for direct loans; operating
    loans, $2,035,000,000, of which $1,100,000,000 shall be for
    unsubsidized guaranteed loans, $285,000,000 shall be for subsidized
    guaranteed loans and $650,000,000 shall be for direct loans; Indian
    tribe land acquisition loans, $2,000,000; and for boll weevil
    eradication program loans, $100,000,000: Provided, That the Secretary
    shall deem the pink bollworm to be a boll weevil for the purpose of
    boll weevil eradication program 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: farm ownership loans, $18,655,000, of which
    $7,420,000 shall be for guaranteed loans, and $11,235,000 shall be for
    direct loans; operating loans, $139,049,000, of which $35,530,000 shall
    be for unsubsidized guaranteed loans, $37,934,000 shall be for
    subsidized guaranteed loans, and $65,585,000 shall be for direct loans;
    and Indian tribe land acquisition loans, $105,000.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $301,764,000, of which
    $293,764,000 shall be transferred to and merged with the appropriation
    for ``Farm Service Agency, Salaries and Expenses''.
        Funds appropriated by this Act to the Agricultural Credit Insurance
    Program Account for farm ownership and operating direct loans and
    guaranteed loans may be transferred among these programs: Provided,
    That the Committees on Appropriations of both Houses of Congress are
    notified at least 15 days in advance of any transfer.

                             Risk Management Agency

        For administrative and operating expenses, as authorized by section
    226A of the Department of Agriculture Reorganization Act of 1994 (7
    U.S.C. 6933), $72,044,000: Provided, That not to exceed $1,000 shall be
    available for official reception and representation expenses, as
    authorized by 7 U.S.C. 1506(i).

                                  CORPORATIONS

        The following corporations and agencies are hereby authorized to
    make expenditures, within the limits of funds and borrowing authority
    available to each such corporation or agency and in accord with law,
    and to make contracts and commitments without regard to fiscal year
    limitations as provided by section 104 of the Government Corporation
    Control Act as may be necessary in carrying out the programs set forth
    in the budget for the current fiscal year for such corporation or
    agency, except as hereinafter provided.

                    Federal Crop Insurance Corporation Fund

        For payments as authorized by section 516 of the Federal Crop
    Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
    available until expended.

                       Commodity Credit Corporation Fund

                      reimbursement for net realized losses

        For the current fiscal year, such sums as may be necessary to
    reimburse the Commodity Credit Corporation for net realized losses
    sustained, but not previously reimbursed, pursuant to section 2 of the
    Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
    available to the Commodity Credit Corporation under section 11 of the
    Commodity Credit Corporation Charter Act (15 U.S.C 714i) for the
    conduct of its business with the Foreign Agricultural Service, up to
    $5,000,000 may be transferred to and used by the Foreign Agricultural
    Service for information resource management activities of the Foreign
    Agricultural Service that are not related to Commodity Credit
    Corporation business.

                            hazardous waste management

                             (limitation on expenses)

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

        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, $741,000.

                     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,
    $837,360,000, to remain available until June 30, 2006, of which not
    less than $10,500,000 is for snow survey and water forecasting, and not
    less than $14,433,000 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 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), $7,083,000:
    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, $75,576,000, 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 $35,000,000 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,
    $27,500,000, 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 Bankhead-Jones 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 XV of the Agriculture
    and Food Act of 1981 (16 U.S.C. 3451-3461), $51,641,000, 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 shall be available for national
    headquarters activities.

                                   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, $632,000.

                       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, $716,049,000, to remain available until expended, of which
    $89,180,000 shall be for rural community programs described in section
    381E(d)(1) of such Act; of which $552,689,000 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 $74,180,000 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 total amount appropriated in this
    account, $25,000,000 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 $4,500,000 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: Provided further, That of the amount
    appropriated for rural community programs, $6,350,000 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; $1,000,000
    shall be for grants to the Delta Regional Authority (7 U.S.C. 1921 et
    seq.) for any purpose under this heading: 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 $26,000,000 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 2 percent
    available to administer the program and/or 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, and grantees may use up to 5 percent
    of grant funds, not to exceed $35,000 per community, for the completion
    of comprehensive community safe water plans; not to exceed $18,250,000
    shall be for technical assistance grants for rural water and waste
    systems pursuant to section 306(a)(14) of such Act, of which $5,600,000
    shall be for Rural Community Assistance Programs and not less than
    $800,000 shall be for a qualified national Native American organization
    to provide technical assistance for rural water systems for tribal
    communities; and not to exceed $13,500,000 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 total amount appropriated, not to exceed $22,166,000 shall
    be available through June 30, 2005, for authorized empowerment zones
    and enterprise communities and communities designated by the Secretary
    of Agriculture as Rural Economic Area Partnership Zones; of which
    $1,081,000 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 of which $8,503,000 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 $21,000,000 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 and Expenses

                          (including 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;
    $148,452,000: Provided, That of funds appropriated under this title for
    salaries and expenses, not less than $5,000,000 shall be used to
    complete the consolidation of Rural Development activities in St.
    Louis, to the Goodfellow facility also in St. Louis: Provided further,
    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: $4,459,297,000 for loans to section 502 borrowers, as
    determined by the Secretary, of which $1,150,000,000 shall be for
    direct loans, and of which $3,309,297,000 shall be for unsubsidized
    guaranteed loans; $35,000,000 for section 504 housing repair loans;
    $100,000,000 for section 515 rental housing; $100,000,000 for section
    538 guaranteed multi-family housing loans; $5,045,000 for section 524
    site loans; $11,501,000 for credit sales of acquired property, of which
    up to $1,501,000 may be for multi-family credit sales; and $10,000,000
    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, $166,778,000, of which
    $133,170,000 shall be for direct loans, and of which $33,608,000, to
    remain available until expended, shall be for unsubsidized guaranteed
    loans; section 504 housing repair loans, $10,171,000; section 515
    rental housing, $47,090,000; section 538 multi-family housing
    guaranteed loans, $3,490,000; multi-family credit sales of acquired
    property, $727,000: Provided, That of the total amount appropriated in
    this paragraph, $7,100,000 shall be available through June 30, 2005,
    for authorized empowerment zones and enterprise communities and
    communities designated by the Secretary of Agriculture as Rural
    Economic Area Partnership Zones: Provided further, That any funds under
    this paragraph initially allocated by the Secretary for housing
    projects in the State of Alaska that are not obligated by September 30,
    2005, shall be carried over until September 30, 2006, and made
    available for such housing projects only in the State of Alaska.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $448,342,000, which shall be
    transferred to and merged with the appropriation for ``Rural
    Development, Salaries and Expenses''.

                            Rental Assistance Program

        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,
    $592,000,000; 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,
    $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 four-
    year period: Provided further, That any unexpended balances remaining
    at the end of such four-year 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, 2005, 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,
    $43,992,000, to remain available until expended: Provided, That
    $3,000,000 shall be made available for loans to private non-profit
    organizations, or such non-profit organizations' affiliate loan funds
    and State housing finance agencies, to carry out a housing
    demonstration program to provide revolving loans for the preservation
    of low-income multi-family housing projects: Provided further, That
    loans under such demonstration program shall have an interest rate of
    not more than 1 percent direct loan to the recipient: Provided further,
    That the Secretary may defer the interest and principal payment to the
    Rural Housing Service for up to 3 years and the term of such loans
    shall not exceed 30 years: Provided further, That of the total amount
    appropriated, $1,800,000 shall be available through June 30, 2005, 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, $34,118,000, 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)), $34,213,000.
        For the cost of direct loans, $15,868,000, 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, 2005, for Federally Recognized
    Native American Tribes and of which $3,449,000 shall be available
    through June 30, 2005, for Mississippi Delta Region counties (as
    determined in accordance with Public Law 100-460): Provided, That of
    such amount made available, the Secretary may provide up to $1,500,000
    for the Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided
    further, 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, 2005, 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, $4,316,000 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,
    $25,003,000.
        For the cost of direct loans, including the cost of modifying loans
    as defined in section 502 of the Congressional Budget Act of 1974,
    $4,698,000, to remain available until expended.
        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, $4,698,000 shall not be
    obligated and $4,698,000 are rescinded.

                       Rural Cooperative Development Grants

        For rural cooperative development grants authorized under section
    310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
    1932), $24,000,000, of which $2,500,000 shall be for cooperative
    agreements for the appropriate technology transfer for rural areas
    program: Provided, That not to exceed $1,500,000 shall be for
    cooperatives or associations of cooperatives whose primary focus is to
    provide assistance to small, minority producers and whose governing
    board and/or membership is comprised of at least 75 percent minority;
    and of which not to exceed $15,500,000, to remain available until
    expended, shall be for value-added agricultural product market
    development grants, as authorized by section 6401 of the Farm Security
    and Rural Investment Act of 2002 (7 U.S.C. 1621 note).

            Rural Empowerment Zones and Enterprise Communities Grants

        For grants in connection with second and third rounds of
    empowerment zones and enterprise communities, $12,500,000, to remain
    available until expended, for designated rural empowerment zones and
    rural enterprise communities, as authorized by the Taxpayer Relief Act
    of 1997 and the Omnibus Consolidated and Emergency Supplemental
    Appropriations Act, 1999 (Public Law 105-277): Provided, That of the
    funds appropriated, $1,000,000 shall be made available to third round
    empowerment zones, as authorized by the Community Renewal Tax Relief
    Act (Public Law 106-554).

                             RENEWABLE ENERGY PROGRAM

        For the cost of a program of direct loans, loan guarantees, and
    grants, under the same terms and conditions as authorized by section
    9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
    8106), $23,000,000 for direct and guaranteed renewable energy loans and
    grants: Provided, That the cost of direct loans and loan guarantees,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974.

                            Rural Utilities Service

        Rural Electrification and Telecommunications Loans Program Account

                          (including transfer of funds)

        Insured loans pursuant to the authority of section 305 of the Rural
    Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
    percent rural electrification loans, $120,000,000; municipal rate rural
    electric loans, $100,000,000; loans made pursuant to section 306 of
    that Act, rural electric, $2,100,000,000; Treasury rate direct electric
    loans, $1,000,000,000; guaranteed underwriting loans pursuant to
    section 313A, $1,000,000,000; 5 percent rural telecommunications loans,
    $145,000,000; cost of money rural telecommunications loans,
    $250,000,000; and for loans made pursuant to section 306 of that Act,
    rural telecommunications loans, $125,000,000.
        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, including the cost of modifying loans, of direct and
    guaranteed loans authorized by sections 305 and 306 of the Rural
    Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of
    rural electric loans, $5,058,000, and the cost of telecommunications
    loans, $100,000: Provided, That notwithstanding section 305(d)(2) of
    the Rural Electrification Act of 1936, borrower interest rates may
    exceed 7 percent per year.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $38,277,000 which shall be
    transferred to and merged with the appropriation for ``Rural
    Development, Salaries and Expenses''.

                       Rural Telephone Bank Program Account

                          (including transfer of funds)

        The Rural Telephone Bank is hereby authorized to make such
    expenditures, within the limits of funds available to such corporation
    in accord with law, and to make such contracts and commitments without
    regard to fiscal year limitations as provided by section 104 of the
    Government Corporation Control Act, as may be necessary in carrying out
    its authorized programs. During fiscal year 2005 and within the
    resources and authority available, gross obligations for the principal
    amount of direct loans shall be $175,000,000.
        In addition, for administrative expenses, including audits,
    necessary to carry out the loan programs, $3,152,000, which shall be
    transferred to and merged with the appropriation for ``Rural
    Development, Salaries and Expenses''.

              Distance Learning, Telemedicine, and Broadband Program

        For the principal amount of direct distance learning and
    telemedicine loans, $50,000,000; and for the principal amount of direct
    broadband telecommunication loans, $550,000,000.
        For the cost of direct loans and grants for telemedicine and
    distance learning services in rural areas, as authorized by 7 U.S.C.
    950aaa et seq., $35,710,000, to remain available until expended, of
    which $710,000 shall be for direct loans: Provided, That the cost of
    direct loans shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That $10,000,000 shall be made
    available to convert analog to digital operation those noncommercial
    educational television broadcast stations that serve rural areas and
    are qualified for Community Service Grants by the Corporation for
    Public Broadcasting under section 396(k) of the Communications Act of
    1934, including associated translators and repeaters, regardless of the
    location of their main transmitter, studio-to-transmitter links, and
    equipment to allow local control over digital content and programming
    through the use of high-definition broadcast, multi-casting and
    datacasting technologies.
        For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
    seq., $11,715,000, to remain available until September 30, 2006:
    Provided, That the interest rate for such loans shall be the cost of
    borrowing to the Department of the Treasury for obligations of
    comparable maturity: Provided further, That the cost of direct loans
    shall be as defined in section 502 of the Congressional Budget Act of
    1974.
        In addition, $9,000,000, to remain available until expended, for a
    grant program to finance broadband transmission in rural areas eligible
    for Distance Learning and Telemedicine Program benefits authorized by 7
    U.S.C. 950aaa.

                                    TITLE IV

                             DOMESTIC FOOD PROGRAMS

    Office of the Under Secretary for Food, Nutrition and Consumer Services

        For necessary salaries and expenses of the Office of the Under
    Secretary for Food, Nutrition and Consumer Services to administer the
    laws enacted by the Congress for the Food and Nutrition Service,
    $595,000.

                           Food and Nutrition Service

                             Child Nutrition Programs

                          (including transfer of funds)

        For necessary expenses to carry out the National School Lunch Act
    (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition
    Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
    $11,782,000,000, to remain available through September 30, 2006, of
    which $6,629,038,000 is hereby appropriated and $5,152,962,000 shall be
    derived by transfer from funds available under section 32 of the Act of
    August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made
    available under this heading shall be used for studies and evaluations:
    Provided further, That up to $5,235,000 shall be available for
    independent verification of school food service claims.

         Special Supplemental Nutrition Program for Women, Infants, and
                                 Children (WIC)

        For necessary expenses to carry out the special supplemental
    nutrition program as authorized by section 17 of the Child Nutrition
    Act of 1966 (42 U.S.C. 1786), $5,277,250,000, to remain available
    through September 30, 2006, of which $125,000,000 shall be placed in
    reserve, to remain available until expended, to be allocated as the
    Secretary deems necessary, notwithstanding section 17(i) of such Act,
    to support participation should cost or participation exceed budget
    estimates: Provided, That of the total amount available, the Secretary
    shall obligate not less than $15,000,000 for a breastfeeding support
    initiative in addition to the activities specified in section
    17(h)(3)(A): Provided further, That notwithstanding section
    17(h)(10)(A) of such Act, $14,000,000 shall be available for the
    purposes specified in section 17(h)(10)(B): Provided further, That none
    of the funds made available under this heading shall be used for
    studies and evaluations: Provided further, That none of the funds in
    this Act shall be available to pay administrative expenses of WIC
    clinics except those that have an announced policy of prohibiting
    smoking within the space used to carry out the program: Provided
    further, That none of the funds provided in this account shall be
    available for the purchase of infant formula except in accordance with
    the cost containment and competitive bidding requirements specified in
    section 17 of such Act: Provided further, That none of the funds
    provided shall be available for activities that are not fully
    reimbursed by other Federal Government departments or agencies unless
    authorized by section 17 of such Act.

                                Food Stamp Program

        For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
    2011 et seq.), $35,154,554,000, of which $3,000,000,000 to remain
    available through September 30, 2006, shall be placed in reserve for
    use only in such amounts and at such times as may become necessary to
    carry out program operations: Provided, That none of the funds made
    available under this heading shall be used for studies and evaluations:
    Provided further, That of the funds made available under this heading
    and not already appropriated to the Food Distribution Program on Indian
    Reservations (FDPIR) established under section 4(b) of the Food Stamp
    Act of 1977 (7 U.S.C. 2013(b)), not to exceed $4,000,000 shall be used
    to purchase bison meat for the FDPIR from Native American bison
    producers as well as from producer-owned cooperatives of bison
    ranchers: Provided further, That funds provided herein shall be
    expended in accordance with section 16 of the Food Stamp Act: Provided
    further, That this appropriation shall be subject to any work
    registration or workfare requirements as may be required by law:
    Provided further, That funds made available for Employment and Training
    under this heading shall remain available until expended, as authorized
    by section 16(h)(1) of the Food Stamp Act: Provided further, That
    notwithstanding section 5(d) of the Food Stamp Act of 1977, any
    additional payment received under chapter 5 of title 37, United States
    Code, by a member of the United States Armed Forces deployed to a
    designated combat zone shall be excluded from household income for the
    duration of the member's deployment if the additional pay is the result
    of deployment to or while serving in a combat zone, and it was not
    received immediately prior to serving in the combat zone.

                           Commodity Assistance Program

        For necessary expenses to carry out disaster assistance and the
    commodity supplemental food program as authorized by section 4(a) of
    the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
    note); the Emergency Food Assistance Act of 1983; and special
    assistance (in a form determined by the Secretary of Agriculture) for
    the nuclear affected islands, as authorized by section 103(f)(2) of the
    Compact of Free Association Amendments Act of 2003 (Public Law 108-
    188); and the Farmers' Market Nutrition Program, as authorized by
    section 17(m) of the Child Nutrition Act of 1966, $178,797,000, to
    remain available through September 30, 2006: Provided, That none of
    these funds shall be available to reimburse the Commodity Credit
    Corporation for commodities donated to the program: Provided further,
    That notwithstanding any other provision of law, effective with funds
    made available in fiscal year 2005 to support the Senior Farmers'
    Market Nutrition Program, as authorized by section 4402 of Public Law
    107-171, such funds shall remain available through September 30, 2006.

                        nutrition programs administration

        For necessary administrative expenses of the domestic nutrition
    assistance programs funded under this Act, $139,937,000, of which
    $5,000,000 shall be available only for simplifying procedures, reducing
    overhead costs, tightening regulations, improving food stamp benefit
    delivery, and assisting in the prevention, identification, and
    prosecution of fraud and other violations of law.

                                    TITLE V

                    FOREIGN ASSISTANCE AND RELATED PROGRAMS

                          Foreign Agricultural Service

                              Salaries and expenses

                          (including transfers of funds)

        For necessary expenses of the Foreign Agricultural Service,
    including carrying out title VI of the Agricultural Act of 1954 (7
    U.S.C. 1761-1768), market development activities abroad, and for
    enabling the Secretary to coordinate and integrate activities of the
    Department in connection with foreign agricultural work, including not
    to exceed $158,000 for representation allowances and for expenses
    pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
    1766), $137,822,000: Provided, That the Service may utilize advances of
    funds, or reimburse this appropriation for expenditures made on behalf
    of Federal agencies, public and private organizations and institutions
    under agreements executed pursuant to the agricultural food production
    assistance programs (7 U.S.C. 1737) and the foreign assistance programs
    of the United States Agency for International Development.

                      Public Law 480 Title I Program Account

                          (including transfers of funds)

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of agreements under the Agricultural Trade Development and
    Assistance Act of 1954, and the Food for Progress Act of 1985,
    including the cost of modifying credit arrangements under said Acts,
    $94,198,000, to remain available until expended: Provided, That the
    Secretary of Agriculture may implement a commodity monetization program
    under existing provisions of the Food for Progress Act of 1985 to
    provide no less than $5,000,000 in local-currency funding support for
    rural electrification development overseas.
        In addition, for administrative expenses to carry out the credit
    program of title I, Public Law 83-480, and the Food for Progress Act of
    1985, to the extent funds appropriated for Public Law 83-480 are
    utilized, $4,034,000, of which $1,097,000 may be transferred to and
    merged with the appropriation for ``Foreign Agricultural Service,
    Salaries and Expenses'', and of which $2,937,000 may be transferred to
    and merged with the appropriation for ``Farm Service Agency, Salaries
    and Expenses''.

             Public Law 480 Title I Ocean Freight Differential Grants

                          (including transfer of funds)

        For ocean freight differential costs for the shipment of
    agricultural commodities under title I of the Agricultural Trade
    Development and Assistance Act of 1954 and under the Food for Progress
    Act of 1985, $22,723,000, to remain available until expended: Provided,
    That funds made available for the cost of agreements under title I of
    the Agricultural Trade Development and Assistance Act of 1954 and for
    title I ocean freight differential may be used interchangeably between
    the two accounts with prior notice to the Committees on Appropriations
    of both Houses of Congress.

                          Public Law 480 Title II Grants

        For expenses during the current fiscal year, not otherwise
    recoverable, and unrecovered prior years' costs, including interest
    thereon, under the Agricultural Trade Development and Assistance Act of
    1954, for commodities supplied in connection with dispositions abroad
    under title II of said Act, $1,182,501,000, to remain available until
    expended.

            Commodity Credit Corporation Export Loans Program Account

                          (including transfers of funds)

        For administrative expenses to carry out the Commodity Credit
    Corporation's export guarantee program, GSM 102 and GSM 103,
    $4,423,000; to cover common overhead expenses as permitted by section
    11 of the Commodity Credit Corporation Charter Act and in conformity
    with the Federal Credit Reform Act of 1990, of which $3,421,000 may be
    transferred to and merged with the appropriation for ``Foreign
    Agricultural Service, Salaries and Expenses'', and of which $1,002,000
    may be transferred to and merged with the appropriation for ``Farm
    Service Agency, Salaries and Expenses''.

       McGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
                                 PROGRAM GRANTS

        For necessary expenses to carry out the provisions of section 3107
    of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
    1), $87,500,000, to remain available until expended: Provided, That the
    Commodity Credit Corporation is authorized to provide the services,
    facilities, and authorities for the purpose of implementing such
    section, subject to reimbursement from amounts provided herein.

                                    TITLE VI

               RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Food and Drug Administration

                              Salaries and Expenses

        For necessary expenses of the Food and Drug Administration,
    including hire and purchase of passenger motor vehicles; for payment of
    space rental and related costs pursuant to Public Law 92-313 for
    programs and activities of the Food and Drug Administration which are
    included in this Act; for rental of special purpose space in the
    District of Columbia or elsewhere; for miscellaneous and emergency
    expenses of enforcement activities, authorized and approved by the
    Secretary and to be accounted for solely on the Secretary's
    certificate, not to exceed $25,000; and notwithstanding section 521 of
    Public Law 107-188; $1,788,478,000: Provided, That of the amount
    provided under this heading, $284,394,000 shall be derived from
    prescription drug user fees authorized by 21 U.S.C. 379h, and shall be
    credited to this account and remain available until expended;
    $33,938,000 shall be derived from medical device user fees authorized
    by 21 U.S.C. 379j, and shall be credited to this account and remain
    available until expended; and $8,354,000 shall be derived from animal
    drug user fees authorized by 21 U.S.C. 379j, and shall be credited to
    this account and remain available until expended: Provided further,
    That fees derived from prescription drug, medical device, and animal
    drug assessments received during fiscal year 2005, including any such
    fees assessed prior to the current fiscal year but credited during the
    current year, shall be subject to the fiscal year 2005 limitation:
    Provided further, That none of these funds shall be used to develop,
    establish, or operate any program of user fees authorized by 31 U.S.C.
    9701: Provided further, That of the total amount appropriated: (1)
    $439,038,000 shall be for the Center for Food Safety and Applied
    Nutrition and related field activities in the Office of Regulatory
    Affairs; (2) $498,647,000 shall be for the Center for Drug Evaluation
    and Research and related field activities in the Office of Regulatory
    Affairs; (3) $172,714,000 shall be for the Center for Biologics
    Evaluation and Research and for related field activities in the Office
    of Regulatory Affairs; (4) $98,964,000 shall be for the Center for
    Veterinary Medicine and for related field activities in the Office of
    Regulatory Affairs; (5) $235,078,000 shall be for the Center for
    Devices and Radiological Health and for related field activities in the
    Office of Regulatory Affairs; (6) $40,530,000 shall be for the National
    Center for Toxicological Research; (7) $57,722,000 shall be for Rent
    and Related activities, other than the amounts paid to the General
    Services Administration for rent; (8) $129,815,000 shall be for
    payments to the General Services Administration for rent; and (9)
    $115,970,000 shall be for other activities, including the Office of the
    Commissioner; the Office of Management; the Office of External
    Relations; the Office of Policy and Planning; and central services for
    these offices: Provided further, That funds may be transferred from one
    specified activity to another with the prior approval of the Committees
    on Appropriations of both Houses of Congress.
        In addition, mammography user fees authorized by 42 U.S.C. 263b may
    be credited to this account, to remain available until expended.
        In addition, export certification user fees authorized by 21 U.S.C.
    381 may be credited to this account, to remain available until
    expended.

                              INDEPENDENT AGENCIES

                      Commodity Futures Trading Commission

        For necessary expenses to carry out the provisions of the Commodity
    Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
    passenger motor vehicles, and the rental of space (to include multiple
    year leases) in the District of Columbia and elsewhere, $94,327,000,
    including not to exceed $3,000 for official reception and
    representation expenses.

                           Farm Credit Administration

                      Limitation on Administrative Expenses

        Not to exceed $42,350,000 (from assessments collected from farm
    credit institutions and from the Federal Agricultural Mortgage
    Corporation) shall be obligated during the current fiscal year for
    administrative expenses as authorized under 12 U.S.C. 2249: Provided,
    That this limitation shall not apply to expenses associated with
    receiverships.

                         TITLE VII--GENERAL PROVISIONS

        Sec. 701. Within the unit limit of cost fixed by law,
    appropriations and authorizations made for the Department of
    Agriculture for the current fiscal year under this Act shall be
    available for the purchase, in addition to those specifically provided
    for, of not to exceed 388 passenger motor vehicles, of which 388 shall
    be for replacement only, and for the hire of such vehicles.
        Sec. 702. Funds in this Act available to the Department of
    Agriculture shall be available for uniforms or allowances therefor as
    authorized by law (5 U.S.C. 5901-5902).
        Sec. 703. Funds appropriated by this Act shall be available for
    employment pursuant to the second sentence of section 706(a) of the
    Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5
    U.S.C. 3109.
        Sec. 704. New obligational authority provided for the following
    appropriation items in this Act shall remain available until expended:
    Animal and Plant Health Inspection Service, the contingency fund to
    meet emergency conditions, information technology infrastructure, fruit
    fly program, emerging plant pests, boll weevil program, low pathogen
    avian influenza program, up to $33,197,000 in animal health monitoring
    and surveillance for the animal identification system, up to $3,000,000
    in the emergency management systems program for the vaccine bank, up to
    $1,000,000 for wildlife services methods development, up to $1,000,000
    of the wildlife services operations program for aviation safety, and up
    to 25 percent of the screwworm program; Food Safety and Inspection
    Service, field automation and information management project;
    Cooperative State Research, Education, and Extension Service, funds for
    competitive research grants (7 U.S.C. 450i(b)), funds for the Research,
    Education, and Economics Information System, and funds for the Native
    American Institutions Endowment Fund; Farm Service Agency, salaries and
    expenses funds made available to county committees; Foreign
    Agricultural Service, middle-income country training program, and up to
    $1,565,000 of the Foreign Agricultural Service appropriation solely for
    the purpose of offsetting fluctuations in international currency
    exchange rates, subject to documentation by the Foreign Agricultural
    Service.
        Sec. 705. The Secretary of Agriculture may transfer unobligated
    balances of discretionary funds appropriated by this Act or other
    available unobligated discretionary balances of the Department of
    Agriculture to the Working Capital Fund for the acquisition of plant
    and capital equipment necessary for the delivery of financial,
    administrative, and information technology services of primary benefit
    to the agencies of the Department of Agriculture: Provided, That none
    of the funds made available by this Act or any other Act shall be
    transferred to the Working Capital Fund without the prior approval of
    the agency administrator: Provided further, That none of the funds
    transferred to the Working Capital Fund pursuant to this section shall
    be available for obligation without the prior approval of the
    Committees on Appropriations of both Houses of Congress.
        Sec. 706. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 707. Not to exceed $50,000 of the appropriations available to
    the Department of Agriculture in this Act shall be available to provide
    appropriate orientation and language training pursuant to section 606C
    of the Act of August 28, 1954 (7 U.S.C. 1766b).
        Sec. 708. No funds appropriated by this Act may be used to pay
    negotiated indirect cost rates on cooperative agreements or similar
    arrangements between the United States Department of Agriculture and
    nonprofit institutions in excess of 10 percent of the total direct cost
    of the agreement when the purpose of such cooperative arrangements is
    to carry out programs of mutual interest between the two parties. This
    does not preclude appropriate payment of indirect costs on grants and
    contracts with such institutions when such indirect costs are computed
    on a similar basis for all agencies for which appropriations are
    provided in this Act.
        Sec. 709. None of the funds in this Act shall be available to
    restrict the authority of the Commodity Credit Corporation to lease
    space for its own use or to lease space on behalf of other agencies of
    the Department of Agriculture when such space will be jointly occupied.
        Sec. 710. None of the funds in this Act shall be available to pay
    indirect costs charged against competitive agricultural research,
    education, or extension grant awards issued by the Cooperative State
    Research, Education, and Extension Service that exceed 20 percent of
    total Federal funds provided under each award: Provided, That
    notwithstanding section 1462 of the National Agricultural Research,
    Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
    provided by this Act for grants awarded competitively by the
    Cooperative State Research, Education, and Extension Service shall be
    available to pay full allowable indirect costs for each grant awarded
    under section 9 of the Small Business Act (15 U.S.C. 638).
        Sec. 711. Notwithstanding any other provision of this Act, all loan
    levels provided in this Act shall be considered estimates, not
    limitations.
        Sec. 712. Appropriations to the Department of Agriculture for the
    cost of direct and guaranteed loans made available in the current
    fiscal year shall remain available until expended to cover obligations
    made in the current fiscal year for the following accounts: the Rural
    Development Loan Fund program account, the Rural Telephone Bank program
    account, the Rural Electrification and Telecommunication Loans program
    account, and the Rural Housing Insurance Fund program account.
        Sec. 713. None of the funds in this Act may be used to retire more
    than 5 percent of the Class A stock of the Rural Telephone Bank or to
    maintain any account or subaccount within the accounting records of the
    Rural Telephone Bank the creation of which has not specifically been
    authorized by statute: Provided, That notwithstanding any other
    provision of law, none of the funds appropriated or otherwise made
    available in this Act may be used to transfer to the Treasury or to the
    Federal Financing Bank any unobligated balance of the Rural Telephone
    Bank telephone liquidating account which is in excess of current
    requirements and such balance shall receive interest as set forth for
    financial accounts in section 505(c) of the Federal Credit Reform Act
    of 1990.
        Sec. 714. Of the funds made available by this Act, not more than
    $1,800,000 shall be used to cover necessary expenses of activities
    related to all advisory committees, panels, commissions, and task
    forces of the Department of Agriculture, except for panels used to
    comply with negotiated rule makings and panels used to evaluate
    competitively awarded grants.
        Sec. 715. None of the funds appropriated by this Act may be used to
    carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
    679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
    471).
        Sec. 716. No employee of the Department of Agriculture may be
    detailed or assigned from an agency or office funded by this Act to any
    other agency or office of the Department for more than 30 days unless
    the individual's employing agency or office is fully reimbursed by the
    receiving agency or office for the salary and expenses of the employee
    for the period of assignment.
        Sec. 717. None of the funds appropriated or otherwise made
    available to the Department of Agriculture shall be used to transmit or
    otherwise make available to any non-Department of Agriculture employee
    questions or responses to questions that are a result of information
    requested for the appropriations hearing process.
        Sec. 718. None of the funds made available to the Department of
    Agriculture by this Act may be used to acquire new information
    technology systems or significant upgrades, as determined by the Office
    of the Chief Information Officer, without the approval of the Chief
    Information Officer and the concurrence of the Executive Information
    Technology Investment Review Board: Provided, That notwithstanding any
    other provision of law, none of the funds appropriated or otherwise
    made available by this Act may be transferred to the Office of the
    Chief Information Officer without the prior approval of the Committees
    on Appropriations of both Houses of Congress: Provided further, That
    none of the funds available to the Department of Agriculture for
    information technology shall be obligated for projects over $25,000
    prior to receipt of written approval by the Chief Information Officer.
        Sec. 719. (a) None of the funds provided by this Act, or provided
    by previous Appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in the current fiscal
    year, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditure
    through a reprogramming of funds which: (1) creates new programs; (2)
    eliminates a program, project, or activity; (3) increases funds or
    personnel by any means for any project or activity for which funds have
    been denied or restricted; (4) relocates an office or employees; (5)
    reorganizes offices, programs, or activities; or (6) contracts out or
    privatizes any functions or activities presently performed by Federal
    employees; unless the Committees on Appropriations of both Houses of
    Congress are notified 15 days in advance of such reprogramming of
    funds.
        (b) None of the funds provided by this Act, or provided by previous
    Appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in the current fiscal year, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure for activities,
    programs, or projects through a reprogramming of funds in excess of
    $500,000 or 10 percent, whichever is less, that: (1) augments existing
    programs, projects, or activities; (2) reduces by 10 percent funding
    for any existing program, project, or activity, or numbers of personnel
    by 10 percent as approved by Congress; or (3) results from any general
    savings from a reduction in personnel which would result in a change in
    existing programs, activities, or projects as approved by Congress;
    unless the Committees on Appropriations of both Houses of Congress are
    notified 15 days in advance of such reprogramming of funds.
        (c) The Secretary of Agriculture, the Secretary of Health and Human
    Services, or the Chairman of the Commodity Futures Trading Commission
    shall notify the Committees on Appropriations of both Houses of
    Congress before implementing a program or activity not carried out
    during the previous fiscal year unless the program or activity is
    funded by this Act or specifically funded by any other Act.
        Sec. 720. With the exception of funds needed to administer and
    conduct oversight of grants awarded and obligations incurred in prior
    fiscal years, none of the funds appropriated or otherwise made
    available by this or any other Act may be used to pay the salaries and
    expenses of personnel to carry out the provisions of section 401 of
    Public Law 105-185, the Initiative for Future Agriculture and Food
    Systems (7 U.S.C. 7621).
        Sec. 721. None of the funds appropriated by this or any other Act
    shall be used to pay the salaries and expenses of personnel who prepare
    or submit appropriations language as part of the President's Budget
    submission to the Congress of the United States for programs under the
    jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies that
    assumes revenues or reflects a reduction from the previous year due to
    user fees proposals that have not been enacted into law prior to the
    submission of the Budget unless such Budget submission identifies which
    additional spending reductions should occur in the event the user fees
    proposals are not enacted prior to the date of the convening of a
    committee of conference for the fiscal year 2006 appropriations Act.
        Sec. 722. None of the funds made available by this or any other Act
    may be used to close or relocate a State Rural Development office
    unless or until cost effectiveness and enhancement of program delivery
    have been determined.
        Sec. 723. In addition to amounts otherwise appropriated or made
    available by this Act, $2,500,000 is appropriated for the purpose of
    providing Bill Emerson and Mickey Leland Hunger Fellowships, through
    the Congressional Hunger Center.
        Sec. 724. Notwithstanding section 412 of the Agricultural Trade
    Development and Assistance Act of 1954 (7 U.S.C. 1736f), any balances
    available to carry out title III of such Act as of the date of
    enactment of this Act, and any recoveries and reimbursements that
    become available to carry out title III of such Act, may be used to
    carry out title II of such Act.
        Sec. 725. Section 375(e)(6)(B) of the Consolidated Farm and Rural
    Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking
    ``$26,998,000'' and inserting ``$27,998,000''.
        Sec. 726. (a) None of the funds appropriated or otherwise made
    available by this Act shall be used to pay the salaries and expenses of
    personnel to collect from the lender at the time of issuance a
    guarantee fee of less than 2 percent of the principal obligation of
    guaranteed single-family housing loans administered by the Rural
    Housing Service: Provided, That this section shall not apply to loans
    made to refinance other single-family housing loans administered by the
    Rural Housing Service.
        (b) Section 502(h)(6)(C) of the Housing Act of 1949 (42 U.S.C.
    1472(h)(6)(C)) is amended by inserting ``, plus the guarantee fee as
    authorized by subsection (h)(7)'' after ``whichever is less'', in each
    of paragraphs (i) and (ii).
        Sec. 727. Notwithstanding any other provision of law, and until
    receipt of the decennial Census in the year 2010, the Secretary of
    Agriculture shall consider--
            (1) the City of Salinas, California; the City of Watsonville,
        California; and the City of Hollister, California, eligible for
        programs administered by the Rural Housing Service;
            (2) the Town of Horseshoe Beach, Florida; the City of
        Wewahitchka, Florida; the City of Southport, Florida; the City of
        Resota Beach, Florida; the City of Creedmoor, North Carolina; the
        County of Lake, Florida; the City of St. Cloud, Florida; the City
        of Plantation, Florida; the Cleburne County Water Authority of
        Alabama; and the City of Coburg, Oregon, eligible for loans and
        grants funded through the rural utilities programs in the Rural
        Community Advancement Program account;
            (3) the City of Casa Grande, Arizona, a rural area for purposes
        of eligibility for loans and grants provided through the Rural
        Housing Insurance Fund Program account, the Rural Housing
        Assistance Grants account and the rural utilities programs in the
        Rural Community Advancement Program account;
            (4) the City of Coachella, California, eligible for loans and
        grants funded through the rural utilities programs and rural
        business and cooperative development programs in the Rural
        Community Advancement Program account and the Rural Housing
        Insurance Fund Program account;
            (5) the City of Springfield, Ohio; the City of Lexington,
        Virginia; the City of Clarksdale, Mississippi; the City of
        Vicksburg, Mississippi; the City of Cache, Oklahoma; and the City
        of Elgin, Oklahoma, eligible for loans and grants funded through
        the rural community programs in the Rural Community Advancement
        Program account;
            (6) the City of Carbondale, Illinois, a rural area for purposes
        of eligibility for loans and grants funded through the Rural
        Housing Insurance Fund Program account and the Rural Housing
        Assistance Grants account;
            (7) the City of St. Joseph, Missouri, eligible for loans and
        grants funded through the rural business and cooperative
        development programs in the Rural Community Advancement Program
        account relating to an application submitted to the Department by a
        farmer-owned cooperative, a majority of whose members reside in a
        rural area, as determined by the Secretary, and for the purchase
        and operation of a facility beneficial to the purpose of the
        cooperative; and
            (8) the fiber-to-premises broadband facilities in St. Lucie
        County, Florida, and the City of Port St. Lucie, Florida,
        collectively, to meet the eligibility requirements for loans and
        loan guarantees under section 601 of the Rural Electrification Act
        of 1936 (7 U.S.C. 950bb).
        Sec. 728. Of any shipments of commodities made pursuant to section
    416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the
    Secretary of Agriculture shall, to the extent practicable, direct that
    tonnage equal in value to not more than $25,000,000 shall be made
    available to foreign countries to assist in mitigating the effects of
    the Human Immunodeficiency Virus and Acquired Immune Deficiency
    Syndrome on communities, including the provision of--
            (1) agricultural commodities to--
                (A) individuals with Human Immunodeficiency Virus or
            Acquired Immune Deficiency Syndrome in the communities; and
                (B) households in the communities, particularly individuals
            caring for orphaned children; and
            (2) agricultural commodities monetized to provide other
        assistance (including assistance under microcredit and
        microenterprise programs) to create or restore sustainable
        livelihoods among individuals in the communities, particularly
        individuals caring for orphaned children.
        Sec. 729. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service shall provide financial and technical
    assistance to the DuPage County, Illinois, Kress Creek Water Quality
    Enhancement Project, from funds available for the Watershed and Flood
    Prevention Operations program, not to exceed $1,000,000 and Rockhouse
    Creek Watershed, Leslie County, Kentucky, not to exceed $1,000,000.
        Sec. 730. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service may provide financial and technical
    assistance through the Watershed and Flood Prevention Operations
    program for the Kuhn Bayou project in Arkansas, the Matanuska River
    erosion control project in Alaska, the DuPage County watershed project
    in Illinois, and the Coal Creek project in Utah.
        Sec. 731. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this or any other appropriation Act.
        Sec. 732. Notwithstanding any other provision of law, of the funds
    made available in this Act for competitive research grants (7 U.S.C.
    450i(b)), the Secretary may use up to 20 percent of the amount provided
    to carry out a competitive grants program under the same terms and
    conditions as those provided in section 401 of the Agricultural
    Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
        Sec. 733. None of the funds appropriated or made available by this
    or any other Act may be used to pay the salaries and expenses of
    personnel to carry out section 14(h)(1) of the Watershed Protection and
    Flood Prevention Act (16 U.S.C. 1012(h)(1)).
        Sec. 734. None of the funds made available to the Food and Drug
    Administration by this Act shall be used to close or relocate, or to
    plan to close or relocate, the Food and Drug Administration Division of
    Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
    county limits of St. Louis, Missouri.
        Sec. 735. None of the funds appropriated or made available by this
    or any other Act may be used to pay the salaries and expenses of
    personnel to carry out subtitle I of the Consolidated Farm and Rural
    Development Act (7 U.S.C. 2009dd through dd-7).
        Sec. 736. Agencies and offices of the Department of Agriculture may
    utilize any unobligated salaries and expenses funds to reimburse the
    Office of the General Counsel for salaries and expenses of personnel,
    and for other related expenses, incurred in representing such agencies
    and offices in the resolution of complaints by employees or applicants
    for employment, and in cases and other matters pending before the Equal
    Employment Opportunity Commission, the Federal Labor Relations
    Authority, or the Merit Systems Protection Board with the prior
    approval of the Committees on Appropriations of both Houses of
    Congress.
        Sec. 737. None of the funds appropriated or made available by this
    or any other Act may be used to pay the salaries and expenses of
    personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C.
    2655).
        Sec. 738. The Agricultural Marketing Service and the Grain
    Inspection, Packers and Stockyards Administration, that have statutory
    authority to purchase interest bearing investments outside of the
    Treasury, are not required to establish obligations and outlays for
    those investments, provided those investments are insured by the
    Federal Deposit Insurance Corporation or are collateralized at the
    Federal Reserve with securities approved by the Federal Reserve,
    operating under the guidelines of the United States Department of the
    Treasury.
        Sec. 739. Of the funds made available under section 27(a) of the
    Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use
    up to $10,000,000 for costs associated with the distribution of
    commodities.
        Sec. 740. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to enroll in excess of 154,500 acres in the
    calendar year 2005 wetlands reserve program as authorized by 16 U.S.C.
    3837.
        Sec. 741. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel who carry out an environmental quality
    incentives program authorized by chapter 4 of subtitle D of title XII
    of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess
    of $1,017,000,000.
        Sec. 742. Hereafter, the Secretary of Agriculture is authorized to
    permit employees of the United States Department of Agriculture to
    carry and use firearms for personal protection while conducting field
    work in remote locations in the performance of their official duties.
        Sec. 743. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to expend the $23,000,000 made available by
    section 9006(f) of the Farm Security and Rural Investment Act of 2002
    (7 U.S.C. 8106(f)).
        Sec. 744. With the exception of funds provided in fiscal year 2003,
    none of the funds appropriated or otherwise made available by this or
    any other Act shall be used to pay the salaries and expenses of
    personnel to expend the $40,000,000 made available by section
    601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C.
    950bb(j)(1)(A)).
        Sec. 745. None of the funds made available in fiscal year 2005 or
    preceding fiscal years for programs authorized under the Agricultural
    Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
    excess of $20,000,000 shall be used to reimburse the Commodity Credit
    Corporation for the release of eligible commodities under section
    302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
    1736f-1): Provided, That any such funds made available to reimburse the
    Commodity Credit Corporation shall only be used pursuant to section
    302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
        Sec. 746. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to expend the $80,000,000 made available by
    section 6401(a) of Public Law 107-171.
        Sec. 747. Notwithstanding subsections (c) and (e)(2) of section
    313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
    implementing section 313A of that Act, the Secretary shall, with the
    consent of the lender, structure the schedule for payment of the annual
    fee, not to exceed an average of 30 basis points per year for the term
    of the loan, to ensure that sufficient funds are available to pay the
    subsidy costs for note guarantees under that section.
        Sec. 748. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service may provide from appropriated funds
    financial and technical assistance to the Dry Creek project, Utah.
        Sec. 749. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to carry out a Conservation Security Program
    authorized by 16 U.S.C. 3838 et seq., in excess of $202,411,000.
        Sec. 750. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to carry out section 2502 of Public Law 107-
    171 in excess of $47,000,000.
        Sec. 751. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to carry out section 2503 of Public Law 107-
    171 in excess of $112,000,000.
        Sec. 752. The Secretary of Agriculture shall use $30,000,000 of the
    funds of the Commodity Credit Corporation, to remain available until
    expended, to compensate commercial citrus and lime growers in the State
    of Florida for tree replacement and for lost production with respect to
    trees removed to control citrus canker, and with respect to certified
    citrus nursery stocks within the citrus canker quarantine areas, as
    determined by the Secretary. For a grower to receive assistance for a
    tree under this section, the tree must have been removed after
    September 30, 2001.
        Sec. 753. Not more than $10,000,000 for fiscal year 2005 of the
    funds appropriated or otherwise made available by this or any other Act
    shall be used to carry out section 6029 of Public Law 107-171.
        Sec. 754. None of the funds appropriated or otherwise made
    available in this Act shall be expended to violate Public Law 105-264.
        Sec. 755. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to carry out a ground and surface water
    conservation program authorized by section 2301 of Public Law 107-171
    in excess of $51,000,000.
        Sec. 756. None of the funds made available by this Act may be used
    to issue a final rule in furtherance of, or otherwise implement, the
    proposed rule on cost-sharing for animal and plant health emergency
    programs of the Animal and Plant Health Inspection Service published on
    July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
        Sec. 757. None of the funds made available in this Act may be used
    to study, complete a study of, or enter into a contract with a private
    party to carry out, without specific authorization in a subsequent Act
    of Congress, a competitive sourcing activity of the Secretary of
    Agriculture, including support personnel of the Department of
    Agriculture, relating to rural development or farm loan programs.
        Sec. 758. Notwithstanding any other provision of law, the Secretary
    of Agriculture may use appropriations available to the Secretary for
    activities authorized under sections 426-426c of title 7, United States
    Code, under this or any other Act, to enter into cooperative
    agreements, with a State, political subdivision, or agency thereof, a
    public or private agency, organization, or any other person, to lease
    aircraft if the Secretary determines that the objectives of the
    agreement will: (1) serve a mutual interest of the parties to the
    agreement in carrying out the programs administered by the Animal and
    Plant Health Inspection Service, Wildlife Services; and (2) all parties
    will contribute resources to the accomplishment of these objectives;
    award of a cooperative agreement authorized by the Secretary may be
    made for an initial term not to exceed 5 years.
        Sec. 759. There is hereby appropriated $1,491,000, to remain
    available until September 30, 2006, to carry out section 6028 of Public
    Law 107-171: Provided, That notwithstanding section 383B(g)(1) of the
    Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-1(g)(1)),
    the Federal share of the administrative expenses of the Northern Great
    Plains Regional Authority for fiscal year 2005 shall be 100 percent.
        Sec. 760. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to carry out section 9010 of Public Law 107-
    171 in excess of $100,000,000.
        Sec. 761. (a) The matter under the heading ``Rural Community
    Advancement Program'' in division A--Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Programs
    Appropriations, 2004, title III--Rural Development Programs, in Public
    Law 108-199 is amended by striking ``$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'' and
    inserting ``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 total amount
    appropriated in this account, $1,750,000 shall be for grants to the
    Delta Regional Authority (7 U.S.C. 1921 et seq.) for any Rural
    Community Advancement Program purpose''.
        (b) Consistent with any legal commitments made by the Delta
    Regional Authority, at the request of the Authority and if the
    Secretary of Agriculture agrees, the Secretary may deobligate any
    unexpended Rural Community Advancement Program grant funds made to the
    Authority pursuant to division A of Public Law 108-7: Provided, That
    such reobligated funds are used by the Authority for projects that are
    consistent with the purposes of the Rural Housing Service Community
    Facilities Program.
        Sec. 762. Of the unobligated balances available in the Rural
    Housing Assistance Grant Program account, $1,000,000 is hereby
    rescinded.
        Sec. 763. Agencies and offices of the Department of Agriculture may
    utilize any available discretionary funds to cover the costs of
    preparing, or contracting for the preparation of, final agency
    decisions regarding complaints of discrimination in employment or
    program activities arising within such agencies and offices.
        Sec. 764. Of the unobligated balances available in the Rural
    Housing Insurance Fund Program account, $3,000,000 is hereby rescinded.
        Sec. 765. Notwithstanding any other provision of law, for any
    fiscal year and hereafter, in the case of a high cost isolated rural
    area in Alaska that is not connected to a road system, the maximum
    level for the single family housing assistance shall be 150 percent of
    the average income level in the metropolitan areas of the State and 115
    percent of all other eligible areas of the State.
        Sec. 766. Funds made available under section 1240I and section
    1241(a) of the Food Security Act of 1985 in fiscal years 2002, 2003,
    2004, and 2005 shall remain available until expended to cover
    obligations made in fiscal years 2002, 2003, 2004, and 2005,
    respectively, and are not available for new obligations.
        Sec. 767. There is hereby appropriated $1,500,000, to remain
    available until expended, for the Denali Commission to address
    deficiencies in solid waste disposal sites which threaten to
    contaminate rural drinking water supplies.
        Sec. 768. Notwithstanding any other provision of law--
            (1)(A) the Alaska Department of Community and Economic
        Development shall be eligible to receive a water and waste disposal
        grant under section 306(a) of the Consolidated Farm and Rural
        Development Act (7 U.S.C. 1926(a)) in an amount that is equal to
        not more than 75 percent of the total cost of providing water and
        sewer service to the proposed hospital in the Matanuska-Susitna
        Borough, Alaska; and
            (B) the Alaska Department of Community and Economic Development
        shall be allowed to pass the grant funds through to the local
        government entity that will provide water and sewer service to the
        hospital;
            (2) or any percentage of cost limitation in current law or
        regulations, the construction projects known as the Tri-Valley
        Community Center addition in Healy, Alaska; the Cold Climate
        Housing Research Center in Fairbanks, Alaska; and the University of
        Alaska-Fairbanks Allied Health Learning Center skill labs/
        classrooms shall be eligible to receive Community Facilities grants
        in amounts that are equal to not more than 75 percent of the total
        facility costs: Provided, That for the purposes of this paragraph,
        the Cold Climate Housing Research Center is designated an
        ``essential community facility'' for rural Alaska;
            (3) the Secretary shall consider the City of Guymon, Oklahoma;
        the City of Shawnee, Oklahoma; the Village of New Miami, Ohio; the
        City of Vicksburg, Mississippi; and the City of Altus, Oklahoma, to
        be eligible for loans and grants provided through the Rural Housing
        Insurance Fund until receipt of the decennial Census in the year
        2010;
            (4) grants made under section 306(a)(19) of the Consolidated
        Farm and Rural Development Act (7 U.S.C. 1926(a)(19)) using funds
        made available under this Act for the cities of Ellisville and
        Waynesboro, Mississippi, shall be made without a non-Federal cost
        share requirement;
            (5) the City of Great Falls, Montana, shall be considered a
        rural area for purposes of eligibility for business and industry
        guaranteed loans under section 310B(a)(1) of the Consolidated Farm
        and Rural Development Act (7 U.S.C. 1932(a)(1)) until receipt of
        the decennial Census in the year 2010;
            (6) the Secretary may consider the Piedmont Municipal Power
        Agency of South Carolina eligible to participate in programs
        administered by the Rural Utilities Service until receipt of the
        decennial Census in the year 2010; and
            (7) until receipt of the decennial Census for the year 2010,
        for all activities under programs of the Rural Development Mission
        Area within the County of Honolulu, Hawaii, the Secretary may
        designate any portion of the county as a rural area or eligible
        rural community that the Secretary determines is not urban in
        character: Provided, That the Secretary shall not include in any
        such rural area or eligible rural community any area included in
        the Honolulu Census Designated Place as determined by the Secretary
        of Commerce.
        Sec. 769. Section 501 of the Agricultural Trade Development and
    Assistance Act of 1954 (7 U.S.C. 1737) is amended--
            (1) in subsection (b)(1), by inserting ``and Doug Bereuter''
        after ``John Ogonowski''; and
            (2) in the heading, by inserting ``and doug bereuter'' after
        ``john ogonowski''.
        Sec. 770. Notwithstanding the provisions of the Consolidated Farm
    and Rural Development Act (including the associated regulations)
    governing the Community Facilities Program, the Secretary may allow all
    Community Facility Program facility borrowers and grantees to enter
    into contracts with not-for-profit third parties for services
    consistent with the requirements of the Program, grant, and/or loan:
    Provided, That the contracts protect the interests of the Government
    regarding cost, liability, maintenance, and administrative fees.
        Sec. 771. Notwithstanding any other provision of law, the Secretary
    of Agriculture is authorized to make funding and other assistance
    available through the emergency watershed protection program under
    section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
    repair and prevent damage to non-Federal land in watersheds that have
    been impaired by fires initiated by the Federal Government and shall
    waive cost sharing requirements for the funding and assistance.
        Sec. 772. None of the funds made available in this Act may be used
    to provide credits or credit guarantees for agricultural commodities
    provided for use in Iraq in violation of subsection (e) or (f) of
    section 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5622).
        Sec. 773. None of the funds provided in this Act may be used for
    salaries and expenses to carry out any regulation or rule insofar as it
    would make ineligible for enrollment in the conservation reserve
    program established under subchapter B of chapter 1 of subtitle D of
    title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.)
    land that is planted to hardwood trees as of the date of enactment of
    this Act and was enrolled in the conservation reserve program under a
    contract that expired prior to calendar year 2002.
        Sec. 774. None of the funds made available in this Act may be used
    to restrict to prescription use a contraceptive that is determined to
    be safe and effective for use without the supervision of a practitioner
    licensed by law to administer prescription drugs under section 503(b)
    of the Federal Food, Drug, and Cosmetic Act.
        Sec. 775. Of the unobligated balances in the Local Television Loan
    Guarantee Program account, $88,000,000 are hereby rescinded.
        Sec. 776. Privacy Protection of Certain Sellers of Farm Products.
    Section 1324(c) of the Food Security Act of 1985 (7 U.S.C. 1631(c)) is
    amended--
            (1) in subsection (c)--
                (A) in paragraph (2)(C)(ii)(II), by inserting ``, or other
            approved unique identifier,'' after both ``social security
            number'' and ``identification number'';
                (B) in paragraph (4)(C)(iii), by inserting ``, or other
            approved unique identifier,'' after both ``social security
            number'' and ``identification number''; and
                (C) by adding the following at the end:
            ``(5) The term `approved unique identifier' means a number,
        combination of numbers and letters, or other identifier selected by
        the Secretary of State using a selection system or method approved
        by the Secretary of Agriculture.'';
            (2) in subsection (e)(1)(A)(ii)(III), by inserting ``, or other
        approved unique identifier,'' after both ``social security number''
        and ``identification number''; and
            (3) in subsection (g)(2)(A)(ii)(III), by inserting ``, or other
        approved unique identifier,'' after both ``social security number''
        and ``identification number''.
        Sec. 777. Section 532 of the Equity in Educational Land Grant
    Status Act of 1994 (7 U.S.C. 301 note; Public Law 193-382) is amended--
            (1) by redesignating paragraphs (23) through (32) as paragraphs
        (24) through (33), respectively; and
            (2) by inserting after paragraph (22) the following: ``(23)
        Tohono O`odham Community College.''.
        Sec. 778. Of the unobligated balances of funds in the Agricultural
    Conservation Program account, $3,500,000 are hereby rescinded.
        Sec. 779. Notwithstanding any other provision of law, the amounts
    made available to the Dakota Value Capture Cooperative under section
    747 of the Agriculture, Rural Development, Food and Drug
    Administration, and Related Agencies Appropriations Act, 2002 (Public
    Law 107-76; 115 Stat. 738) shall remain available until expended for a
    project conducted by the Dakota Value Capture Cooperative at South
    Dakota State University.
        Sec. 780. None of the funds made available under this Act shall be
    available to pay the administrative expenses of a State agency that,
    after the date of enactment of this Act, authorizes any new for-profit
    vendor(s) to transact food instruments under the Special Supplemental
    Nutrition Program for Women, Infants, and Children if it is expected
    that more than 50 percent of the annual revenue of the vendor from the
    sale of food items will be derived from the sale of supplemental foods
    that are obtained with WIC food instruments, except that the Secretary
    may approve the authorization of such a vendor if the approval is
    necessary to assure participant access to program benefits.
        Sec. 781. Of the unobligated balances under section 32 of the Act
    of August 24, 1935, $163,000,000 are hereby rescinded.
        Sec. 782. Of the unobligated balances available to the Foreign
    Agricultural Service for the Public Law 480 Title I Program at the
    beginning of fiscal year 2005, $191,108,000 are hereby rescinded:
    Provided, That for purposes of determining the amount of funds
    available for transfer under section 412(b) of Public Law 83-480, as
    amended, the maximum amount of funds available for transfer shall be
    calculated based upon the total funds available prior to this
    rescission.
        Sec. 783. The Secretary of Agriculture may use any unobligated
    carryover funds made available for any program administered by the
    Rural Utilities Service (not including funds made available under the
    heading ``Rural Community Advancement Program'' in any Act of
    appropriation) to carry out section 315 of the Rural Electrification
    Act of 1936 (7 U.S.C. 940e).
        Sec. 784. None of the funds made available by this or any other Act
    may be used to reduce the mission, resources, staffing, facilities, or
    capabilities of the Wildlife Habitat Management Institute in
    Mississippi as in existence on December 17, 2003.
        Sec. 785. Livestock Assistance. (a) In General.--In carrying out a
    livestock assistance, compensation, or feed program, the Secretary of
    Agriculture shall include elk, reindeer, and bison within the
    definition of ``livestock'' covered by the program.
        (b) Conforming Amendments.--
            (1) Section 602(2) of the Agricultural Act of 1949 (7 U.S.C.
        1471(2)) is amended by inserting ``elk, reindeer, bison,'' after
        ``cattle,''.
            (2) Section 10104 of the Farm Security and Rural Investment Act
        of 2002 (7 U.S.C. 1472) is amended--
                (A) by redesignating subsections (a) through (d) as
            subsections (b) through (e), respectively; and
                (B) by inserting before subsection (b) (as so redesignated)
            the following:
        ``(a) Definition of Livestock.--In this section, the term
    `livestock' includes elk, reindeer, and bison.''.
            (3) Section 203(d) of the Agricultural Assistance Act of 2003
        (Public Law 108-7; 117 Stat. 541) is amended--
                (A) by redesignating paragraph (2) as paragraph (3); and
                (B) by inserting after paragraph (1) the following:
            ``(2) Livestock.--The term `livestock' includes elk, reindeer,
        and bison.''.
        Sec. 786. There is hereby appropriated $1,000,000, to remain
    available until expended, to carry out provisions of section 751 of
    division A of Public Law 108-7.
        Sec. 787. There is hereby appropriated $500,000 for a grant to
    Alaska Village Initiatives for the purpose of administering a private
    lands wildlife management program in Alaska.
        Sec. 788. Technical Corrections. (a) Section 104(b)(1) of the Child
    Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265) is
    amended by striking the closing quotation marks and the following
    period at the end of section 9(b)(5)(A)(iv) of the Richard B. Russell
    National School Lunch Act (as added by that section 104(b)(1) of Public
    Law 108-265).
        (b) Section 13(a)(10) of the Richard B. Russell National School
    Lunch Act (42 U.S.C. 1761(a)(10)) (as added by section 116(d) of Public
    Law 108-265) is amended--
            (1) in subparagraph (C), by striking ``2005'' and inserting
        ``2006''; and
            (2) in subparagraph (D)--
                (A) in clause (i), by striking ``2007'' and inserting
            ``2008''; and
                (B) in clause (ii), by striking ``2008'' and inserting
            ``2009''.
        (c) Section 21(e)(2)(A) of the Richard B. Russell National School
    Lunch Act (42 U.S.C. 1769b-1(e)(2)(A)) (as amended by section
    125(c)(2)(B) of Public Law 108-265) is amended by inserting ``and''
    after ``2005''.
        (d) Section 17(f)(1)(C)(i) of the Child Nutrition Act of 1966 (42
    U.S.C. 1786(f)(1)(C)(i) (as amended by section 203(e)(10)(B) of Public
    Law 108-265) is amended by striking the period after ``subsection
    (h)(11)''.
        (e) Section 17(h)(8)(A)(vi) of the Child Nutrition Act of 1966 (42
    U.S.C. 1786(h)(8)(A)(vi) (as added by section 203(e)(5) of Public Law
    108-265) is amended by striking ``Each State'' and inserting
    ``Effective beginning October 1, 2004, each State''.
        (f) Section 502(b) of the Child Nutrition and WIC Reauthorization
    Act of 2004 (Public Law 108-265) is amended--
            (1) in paragraph (2), by striking ``203(e)(5),''; and
            (2) in paragraph (4), by striking ``104'' and inserting ``104
        (other than section 104(a)(1))''.
        Sec. 789. Section 104 of chapter 1 of the Emergency Supplemental
    Appropriations for Hurricane Disasters Assistance Act, 2005, Public Law
    108-324, is amended by adding ``and tropical storms'' after
    ``hurricanes''.
        Sec. 790. There is hereby appropriated $1,000,000, to remain
    available until expended, for a grant to the Ohio Livestock Expo Center
    in Springfield, Ohio.
        Sec. 791. There is hereby appropriated $1,000,000, to remain
    available until expended, for a grant to the Virginia Horse Center in
    Lexington, Virginia.
        Sec. 792. Notwithstanding any other provision of law, unobligated
    funding balances in the Great Plains Conservation Program authorized
    under section 16(b) of the Soil Conservation and Domestic Allotment Act
    (16 U.S.C. 590p(b)); the Forestry Incentives Program authorized by
    section 4 and section 6 of the Cooperative Forestry Assistance Act of
    1978 (16 U.S.C. 2103); The Water Bank Program authorized by The Water
    Bank Act of 1970 (Public Law 91-559); and funding for the John's Creek,
    TN Watershed and Flood Prevention Operations project are hereby
    rescinded.
        Sec. 793. There is hereby appropriated $2,250,000, to remain
    available until expended, for a grant to the Wisconsin Federation of
    Cooperatives for pilot Wisconsin-Minnesota health care cooperative
    purchasing alliances.
        Sec. 794. (a) Section 1240B of the Food Security Act of 1985, 16
    U.S.C. 3839 aa-2, is amended at the end by adding the following:
        ``(h) Funding for Federally Recognized Native American Indian
    Tribes and Alaska Native Corporations.--The Secretary may enter into
    alternative funding arrangements with federally recognized Native
    American Indian Tribes and Alaska Native Corporations (including their
    affiliated membership organizations) if the Secretary determines that
    the goals and objectives of the program will be met by such
    arrangements, and that statutory limitations regarding contracts with
    individual producers as defined under this Subtitle will not be
    exceeded by any Tribal or Native Corporation member.''.
        (b) Section 1240G of the Food Security Act of 1985, 16 U.S.C.
    3839aa-7, is amended by inserting after ``2007,'' the following:
    ``(excluding funding arrangements with federally recognized Native
    American Indian Tribes or Alaska Native Corporations under section
    1240B(h))''.
        Sec. 795. There is hereby appropriated $6,000,000, to remain
    available until expended, for a grant to the Florida Department of
    Citrus.
        Sec. 796 Notwithstanding any other provision of law, effective with
    funds made available in fiscal year 2004 to States administering the
    Child and Adult Care Food Program, for the purpose of conducting audits
    of participating institutions, funds identified by the Secretary as
    having been unused during the initial fiscal year of availability may
    be recovered and reallocated by the Secretary: Provided, That States
    may use the reallocated funds until expended for the purpose of
    conducting audits of participating institutions.
        Sec. 797. Section 1238Q of the Food Security Act of 1985 is
    amended--
            (1) in subsection (a), by striking ``permit'' and inserting
        ``transfer title of ownership to an easement under this subchapter
        to''; and
            (2) by striking subsection (d) and inserting the following new
        subsection:
        ``(d) Transfer of Title of Ownership of Easement.--Reversion--If a
    private organization or State agency holding an easement on land under
    this subchapter dissolves or fails to enforce the terms of the
    easement, the easement shall revert to the Secretary.''.
        This division may be cited as the ``Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Appropriations Act,
    2005''.

    DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY,
                 AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

                         TITLE I--DEPARTMENT OF JUSTICE

                             General Administration

                             salaries and expenses

        For expenses necessary for the administration of the Department of
    Justice, $124,100,000, of which not to exceed $3,317,000 is for the
    Facilities Program 2000, to remain available until expended: Provided,
    That not to exceed 45 permanent positions and 46 full-time equivalent
    workyears and $11,078,000 shall be expended for the Department
    Leadership Program exclusive of augmentation that occurred in these
    offices in fiscal year 2004: Provided further, That not to exceed 26
    permanent positions, 21 full-time equivalent workyears and $3,305,000
    shall be expended for the Office of Legislative Affairs: Provided
    further, That not to exceed 17 permanent positions, 21 full-time
    equivalent workyears and $2,470,000 shall be expended for the Office of
    Public Affairs: Provided further, That the latter two aforementioned
    offices may utilize non-reimbursable details of career employees within
    the caps described in the preceding two provisos.

                          joint automated booking system

        For expenses necessary for the nationwide deployment of a Joint
    Automated Booking System including automated capability to transmit
    fingerprint and image data, $20,185,000, to remain available until
    September 30, 2006.

        automated biometric identification system/integrated automated
                       fingerprint identification system

        For necessary expenses for the planning, development, and
    deployment of an integrated fingerprint identification system,
    including automated capability to transmit fingerprint and image data,
    $5,054,000, to remain available until September 30, 2006.

                        Legal Activities Office Automation

        For necessary expenses related to the design, development,
    engineering, acquisition, and implementation of office automation
    systems for the organizations funded under the headings ``Salaries and
    Expenses, General Legal Activities'', and ``General Administration,
    Salaries and Expenses'', and the United States Attorneys, the United
    States Marshals Service, the Antitrust Division, the United States
    Trustee Program, the Executive Office for Immigration Review, the
    Community Relations Service, the Bureau of Prisons, the Office of
    Justice Programs, and the United States Parole Commission, $40,510,000,
    to remain available until September 30, 2006.

                            narrowband communications

        For the costs of conversion to narrowband communications, including
    the cost for operation and maintenance of Land Mobile Radio legacy
    systems, $100,000,000, to remain available until September 30, 2006:
    Provided, That the Attorney General shall transfer to the ``Narrowband
    Communications'' account all funds made available to the Department of
    Justice for the purchase of portable and mobile radios: Provided
    further, That any transfer made under the preceding proviso shall be
    subject to section 605 of this Act.

                        administrative review and appeals

        For expenses necessary for the administration of pardon and
    clemency petitions and immigration-related activities, $203,965,000.

                                detention trustee

        For necessary expenses of the Federal Detention Trustee,
    $885,994,000, to remain available until expended: Provided, That the
    Trustee shall be responsible for managing the Justice Prisoner and
    Alien Transportation System and for overseeing housing related to such
    detention: Provided further, That any unobligated balances available in
    prior years from the funds appropriated under the heading ``Federal
    Prisoner Detention'' shall be transferred to and merged with the
    appropriation under the heading ``Detention Trustee'' and shall be
    available until expended. Provided further, That the Trustee, working
    in consultation with the Bureau of Prisons, shall submit a plan for
    collecting information related to evaluating the health and safety of
    Federal prisoners in non-Federal institutions no later than 180 days
    following the enactment of this Act.

                           office of inspector general

        For necessary expenses of the Office of Inspector General,
    $63,813,000, including not to exceed $10,000 to meet unforeseen
    emergencies of a confidential character.

                        United States Parole Commission

                              Salaries and Expenses

        For necessary expenses of the United States Parole Commission as
    authorized, $10,638,000.

                                Legal Activities

                 salaries and expenses, general legal activities

        For expenses necessary for the legal activities of the Department
    of Justice, not otherwise provided for, including not to exceed $20,000
    for expenses of collecting evidence, to be expended under the direction
    of, and to be accounted for solely under the certificate of, the
    Attorney General; and rent of private or Government-owned space in the
    District of Columbia, $634,193,000, of which not to exceed $10,000,000
    for litigation support contracts shall remain available until expended:
    Provided, That of the total amount appropriated, not to exceed $1,000
    shall be available to the United States National Central Bureau,
    INTERPOL, for official reception and representation expenses: Provided
    further, That notwithstanding any other provision of law, upon a
    determination by the Attorney General that emergent circumstances
    require additional funding for litigation activities of the Civil
    Division, the Attorney General may transfer such amounts to ``Salaries
    and Expenses, General Legal Activities'' from available appropriations
    for the current fiscal year for the Department of Justice, as may be
    necessary to respond to such circumstances: Provided further, That any
    transfer pursuant to the previous proviso shall be treated as a
    reprogramming under section 605 of this Act and shall not be available
    for obligation or expenditure except in compliance with the procedures
    set forth in that section.
        In addition, for reimbursement of expenses of the Department of
    Justice associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986, not to exceed $6,333,000, to be
    appropriated from the Vaccine Injury Compensation Trust Fund.

                    Salaries and Expenses, Antitrust Division

        For expenses necessary for the enforcement of antitrust and kindred
    laws, $138,763,000, to remain available until expended: Provided, That,
    notwithstanding any other provision of law, not to exceed $101,000,000
    of offsetting collections derived from fees collected for premerger
    notification filings under the Hart-Scott-Rodino Antitrust Improvements
    Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
    shall be retained and used for necessary expenses in this
    appropriation, and shall remain available until expended: Provided
    further, That the sum herein appropriated from the general fund shall
    be reduced as such offsetting collections are received during fiscal
    year 2005, so as to result in a final fiscal year 2005 appropriation
    from the general fund estimated at not more than $37,763,000.

                  Salaries and Expenses, United States Attorneys

        For necessary expenses of the Offices of the United States
    Attorneys, including inter-governmental and cooperative agreements,
    $1,547,519,000; of which not to exceed $2,500,000 shall be available
    until September 30, 2006, for: (1) training personnel in debt
    collection; (2) locating debtors and their property; (3) paying the net
    costs of selling property; and (4) tracking debts owed to the United
    States Government: Provided, That of the total amount appropriated, not
    to exceed $8,000 shall be available for official reception and
    representation expenses: Provided further, That not to exceed
    $10,000,000 of those funds available for automated litigation support
    contracts shall remain available until expended: Provided further, That
    not to exceed $2,500,000 for the operation of the National Advocacy
    Center shall remain available until expended: Provided further, That,
    in addition to reimbursable full-time equivalent workyears available to
    the Offices of the United States Attorneys, not to exceed 10,212
    positions and 10,273 full-time equivalent workyears shall be supported
    from the funds appropriated in this Act for the United States
    Attorneys: Provided further, That of the funds made available under
    this heading, $1,500,000 shall only be available to continue
    ``Operation Streetsweeper'': Provided further, That of the total amount
    appropriated, $5,000,000 shall be for Project Seahawk and shall remain
    available until expended.

                        united states trustee system fund

        For necessary expenses of the United States Trustee Program, as
    authorized, $173,602,000, to remain available until expended and to be
    derived from the United States Trustee System Fund: Provided, That,
    notwithstanding any other provision of law, deposits to the Fund shall
    be available in such amounts as may be necessary to pay refunds due
    depositors: Provided further, That, notwithstanding any other provision
    of law, $173,602,000 of offsetting collections pursuant to 28 U.S.C.
    589a(b) shall be retained and used for necessary expenses in this
    appropriation and remain available until expended: Provided further,
    That the sum herein appropriated from the Fund shall be reduced as such
    offsetting collections are received during fiscal year 2005, so as to
    result in a final fiscal year 2005 appropriation from the Fund
    estimated at $0.

           salaries and expenses, foreign claims settlement commission

        For expenses necessary to carry out the activities of the Foreign
    Claims Settlement Commission, including services as authorized by 5
    U.S.C. 3109, $1,220,000.

                         United States Marshals Service

                              salaries and expenses

        For necessary expenses of the United States Marshals Service,
    $751,985,000; of which not to exceed $6,000 shall be available for
    official reception and representation expenses; and of which $4,000,000
    for information technology systems shall remain available until
    expended; of which not less than $11,580,000 shall be available for the
    costs of courthouse security equipment, including furnishings,
    relocations, and telephone systems and cabling, and shall remain
    available until September 30, 2006: Provided, That, in addition to
    reimbursable full-time equivalent workyears available to the United
    States Marshals Service, not to exceed 4,543 positions and 4,387 full-
    time equivalent workyears shall be supported from the funds
    appropriated in this Act for the United States Marshals Service.

                                   construction

        For construction of United States Marshals Service prisoner-holding
    space in United States courthouses and Federal buildings, $5,734,000,
    to remain available until expended.

                          fees and expenses of witnesses

        For fees and expenses of witnesses, for expenses of contracts for
    the procurement and supervision of expert witnesses, for private
    counsel expenses, including advances, $177,585,000, to remain available
    until expended; of which not to exceed $8,000,000 may be made available
    for construction of buildings for protected witness safesites; of which
    not to exceed $1,000,000 may be made available for the purchase and
    maintenance of armored vehicles for transportation of protected
    witnesses; and of which not to exceed $7,000,000 may be made available
    for the purchase, installation, maintenance and upgrade of secure
    telecommunications equipment and a secure automated information network
    to store and retrieve the identities and locations of protected
    witnesses.

                salaries and expenses, community relations service

        For necessary expenses of the Community Relations Service,
    $9,664,000: Provided, That notwithstanding any other provision of law,
    upon a determination by the Attorney General that emergent
    circumstances require additional funding for conflict resolution and
    violence prevention activities of the Community Relations Service, the
    Attorney General may transfer such amounts to the Community Relations
    Service, from available appropriations for the current fiscal year for
    the Department of Justice, as may be necessary to respond to such
    circumstances: Provided further, That any transfer pursuant to the
    previous proviso shall be treated as a reprogramming under section 605
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

                              assets forfeiture fund

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

              payment to radiation exposure compensation trust fund

        In addition to amounts appropriated by subsection 3(e) of the
    Radiation Exposure Compensation Act (42 U.S.C. 2210 note), $27,800,000
    for payment to the Radiation Exposure Compensation Trust Fund, to
    remain available until expended.

                          Interagency Law Enforcement

                      interagency Crime and Drug Enforcement

        For necessary expenses for the identification, investigation, and
    prosecution of individuals associated with the most significant drug
    trafficking and affiliated money laundering organizations not otherwise
    provided for, to include inter-governmental agreements with State and
    local law enforcement agencies engaged in the investigation and
    prosecution of individuals involved in organized crime drug
    trafficking, $561,033,000, of which $50,000,000 shall remain available
    until expended: Provided, That any amounts obligated from
    appropriations under this heading may be used under authorities
    available to the organizations reimbursed from this appropriation.

                        Federal Bureau of Investigation

                              salaries and expenses

        For necessary expenses of the Federal Bureau of Investigation for
    detection, investigation, and prosecution of crimes against the United
    States; including purchase for police-type use of not to exceed 2,988
    passenger motor vehicles, of which 2,619 will be for replacement only;
    and not to exceed $70,000 to meet unforeseen emergencies of a
    confidential character pursuant to 28 U.S.C. 530C, $5,205,028,000; of
    which not to exceed $150,000,000 shall remain available until expended;
    of which $1,017,000,000 shall be for counterterrorism investigations,
    foreign counterintelligence, and other activities related to our
    national security; of which $56,349,000 shall be for the operations,
    equipment, and facilities of the Foreign Terrorist Tracking Task Force;
    and of which not to exceed $20,000,000 is authorized to be made
    available for making advances for expenses arising out of contractual
    or reimbursable agreements with State and local law enforcement
    agencies while engaged in cooperative activities related to violent
    crime, terrorism, organized crime, gang-related crime, cybercrime, and
    drug investigations: Provided, That not to exceed $200,000 shall be
    available for official reception and representation expenses: Provided
    further, That, in addition to reimbursable full-time equivalent
    workyears available to the Federal Bureau of Investigation, not to
    exceed 30,039 positions and 29,082 full-time equivalent workyears shall
    be supported from the funds appropriated in this Act for the Federal
    Bureau of Investigation: Provided further, That up to $6,800,000 of
    prior year unobligated balances shall be available for the necessary
    expense of construction of an aviation hangar, to remain available
    until September 30, 2006.

                                   Construction

        For necessary expenses to construct or acquire buildings and sites
    by purchase, or as otherwise authorized by law (including equipment for
    such buildings); conversion and extension of Federally-owned buildings;
    and preliminary planning and design of projects; $10,242,000, to remain
    available until expended: Provided, That $9,000,000 shall be available
    to lease a records management facility, including equipment and
    relocation expenses, in Frederick County, Virginia.

                        Drug Enforcement Administration

                              Salaries and Expenses

        For necessary expenses of the Drug Enforcement Administration,
    including not to exceed $70,000 to meet unforeseen emergencies of a
    confidential character pursuant to 28 U.S.C. 530C; expenses for
    conducting drug education and training programs, including travel and
    related expenses for participants in such programs and the distribution
    of items of token value that promote the goals of such programs; and
    purchase of not to exceed 1,461 passenger motor vehicles, of which
    1,346 will be for replacement only, for police-type use,
    $1,653,265,000; of which not to exceed $75,000,000 shall remain
    available until expended; and of which not to exceed $100,000 shall be
    available for official reception and representation expenses: Provided,
    That, in addition to reimbursable full-time equivalent workyears
    available to the Drug Enforcement Administration, not to exceed 8,361
    positions and 8,250 full-time equivalent workyears shall be supported
    from the funds appropriated in this Act for the Drug Enforcement
    Administration: Provided further, That not to exceed $8,100,000 from
    prior year unobligated balances shall be available for the design,
    construction and ownership of a clandestine laboratory training
    facility and shall remain available until expended.

              Bureau of Alcohol, Tobacco, Firearms and Explosives

                              Salaries and Expenses

        For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
    and Explosives, including the purchase of not to exceed 822 vehicles
    for police-type use, of which 650 shall be for replacement only; not to
    exceed $25,000 for official reception and representation expenses; for
    training of State and local law enforcement agencies with or without
    reimbursement, including training in connection with the training and
    acquisition of canines for explosives and fire accelerants detection;
    and for provision of laboratory assistance to State and local law
    enforcement agencies, with or without reimbursement, $890,357,000, of
    which not to exceed $1,000,000 shall be available for the payment of
    attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of which
    $10,000,000 shall remain available until expended: Provided, That no
    funds appropriated herein shall be available for salaries or
    administrative expenses in connection with consolidating or
    centralizing, within the Department of Justice, the records, or any
    portion thereof, of acquisition and disposition of firearms maintained
    by Federal firearms licensees: Provided further, That no funds
    appropriated herein shall be used to pay administrative expenses or the
    compensation of any officer or employee of the United States to
    implement an amendment or amendments to 27 CFR 178.118 or to change the
    definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item
    from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
    further, That none of the funds appropriated herein shall be available
    to investigate or act upon applications for relief from Federal
    firearms disabilities under 18 U.S.C. 925(c): Provided further, That
    such funds shall be available to investigate and act upon applications
    filed by corporations for relief from Federal firearms disabilities
    under section 925(c) of title 18, United States Code: Provided further,
    That no funds made available by this or any other Act may be used to
    transfer the functions, missions, or activities of the Bureau of
    Alcohol, Tobacco, Firearms and Explosives to other agencies or
    Departments in fiscal year 2005: Provided further, That no funds
    appropriated under this or any other Act with respect to any fiscal
    year may be used to disclose part or all of the contents of the
    Firearms Trace System database maintained by the National Trace Center
    of the Bureau of Alcohol, Tobacco, Firearms, and Explosives or any
    information required to be kept by licensees pursuant to section 923(g)
    of title 18, United States Code, or required to be reported pursuant to
    paragraphs (3) and (7) of such section 923(g), to anyone other than a
    Federal, State, or local law enforcement agency or a prosecutor solely
    in connection with and for use in a bona fide criminal investigation or
    prosecution and then only such information as pertains to the
    geographic jurisdiction of the law enforcement agency requesting the
    disclosure and not for use in any civil action or proceeding other than
    an action or proceeding commenced by the Bureau of Alcohol, Tobacco,
    Firearms, and Explosives, or a review of such an action or proceeding,
    to enforce the provisions of chapter 44 of such title, and all such
    data shall be immune from legal process and shall not be subject to
    subpoena or other discovery in any civil action in a State or Federal
    court or in any administrative proceeding other than a proceeding
    commenced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives
    to enforce the provisions of that chapter, or a review of such an
    action or proceeding; except that this proviso shall not be construed
    to prevent the disclosure of statistical information concerning total
    production, importation, and exportation by each licensed importer (as
    defined in section 921(a)(9) of such title) and licensed manufacturer
    (as defined in section 921(a)(10) of such title): Provided further,
    That no funds made available by this or any other Act shall be expended
    to promulgate or implement any rule requiring a physical inventory of
    any business licensed under section 923 of title 18, United States
    Code: Provided further, That no funds under this Act may be used to
    electronically retrieve information gathered pursuant to 18 U.S.C.
    923(g)(4) by name or any personal identification code: Provided
    further, That no funds authorized or made available under this or any
    other Act may be used to deny any application for a license under
    section 923 of title 18, United States Code, or renewal of such a
    license due to a lack of business activity, provided that the applicant
    is otherwise eligible to receive such a license, and is eligible to
    report business income or to claim an income tax deduction for business
    expenses under the Internal Revenue Code of 1986: Provided further,
    That of the total amount provided under this paragraph, $5,600,000
    shall be for the construction and establishment of the Federal Firearms
    Licensing Center at the Bureau of Alcohol, Tobacco, Firearms and
    Explosives National Tracing Center Facility and shall remain available
    until expended.

                             Federal Prison System

                              Salaries and Expenses

        For expenses necessary of the Federal Prison System for the
    administration, operation, and maintenance of Federal penal and
    correctional institutions, including purchase (not to exceed 780, of
    which 649 are for replacement only) and hire of law enforcement and
    passenger motor vehicles, and for the provision of technical assistance
    and advice on corrections related issues to foreign governments,
    $4,627,696,000: Provided, That the Attorney General may transfer to the
    Health Resources and Services Administration such amounts as may be
    necessary for direct expenditures by that Administration for medical
    relief for inmates of Federal penal and correctional institutions:
    Provided further, That the Director of the Federal Prison System, where
    necessary, may enter into contracts with a fiscal agent/fiscal
    intermediary claims processor to determine the amounts payable to
    persons who, on behalf of the Federal Prison System, furnish health
    services to individuals committed to the custody of the Federal Prison
    System: Provided further, That not to exceed $6,000 shall be available
    for official reception and representation expenses: Provided further,
    That not to exceed $365,836,000 shall remain available for prison
    activations until September 30, 2006: Provided further, That, of the
    amounts provided for Contract Confinement, not to exceed $20,000,000
    shall remain available until expended to make payments in advance for
    grants, contracts and reimbursable agreements, and other expenses
    authorized by section 501(c) of the Refugee Education Assistance Act of
    1980, for the care and security in the United States of Cuban and
    Haitian entrants: Provided further, That the Director of the Federal
    Prison System may accept donated property and services relating to the
    operation of the prison card program from a not-for-profit entity which
    has operated such program in the past notwithstanding the fact that
    such not-for-profit entity furnishes services under contracts to the
    Federal Prison System relating to the operation of pre-release
    services, halfway houses or other custodial facilities.

                             Buildings and Facilities

        For planning, acquisition of sites and construction of new
    facilities; purchase and acquisition of facilities and remodeling, and
    equipping of such facilities for penal and correctional use, including
    all necessary expenses incident thereto, by contract or force account;
    and constructing, remodeling, and equipping necessary buildings and
    facilities at existing penal and correctional institutions, including
    all necessary expenses incident thereto, by contract or force account,
    $189,000,000, to remain available until expended, of which not to
    exceed $14,000,000 shall be available to construct areas for inmate
    work programs: Provided, That labor of United States prisoners may be
    used for work performed under this appropriation.

                     Federal Prison Industries, Incorporated

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

        Limitation on Administrative Expenses, Federal Prison Industries,
                                  Incorporated

        Not to exceed $3,411,000 of the funds of the corporation shall be
    available for its administrative expenses, and for services as
    authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
    determined in accordance with the corporation's current prescribed
    accounting system, and such amounts shall be exclusive of depreciation,
    payment of claims, and expenditures which such accounting system
    requires to be capitalized or charged to cost of commodities acquired
    or produced, including selling and shipping expenses, and expenses in
    connection with acquisition, construction, operation, maintenance,
    improvement, protection, or disposition of facilities and other
    property belonging to the corporation or in which it has an interest.

                         OFFICE ON VIOLENCE AGAINST WOMEN

            VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS

        For grants, contracts, cooperative agreements, and other assistance
    for the prevention and prosecution of violence against women as
    authorized by the Omnibus Crime Control and Safe Streets Act of 1968
    (``the 1968 Act''); the Violent Crime Control and Law Enforcement Act
    of 1994 (Public Law 103-322) (``the 1994 Act''); the Victims of Child
    Abuse Act of 1990 (``the 1990 Act''); the Prosecutorial Remedies and
    Other Tools to End the Exploitation of Children Today Act of 2003
    (Public Law 108-21); the Juvenile Justice and Delinquency Prevention
    Act of 1974 (``the 1974 Act''); and the Victims of Trafficking and
    Violence Protection Act of 2000 (Public Law 106-386); $387,275,000,
    including amounts for administrative costs, to remain available until
    expended: Provided, That all balances, unobligated and obligated, from
    grants and activities administered by the Office on Violence Against
    Women shall be transferred from the Office of Justice Programs to the
    Office on Violence Against Women within 60 days of enactment of this
    Act: Provided further, That of the amount provided--
            (1) $11,897,000 for the court-appointed special advocate
        program, as authorized by section 217 of the 1990 Act;
            (2) $1,925,000 for child abuse training programs for judicial
        personnel and practitioners, as authorized by section 222 of the
        1990 Act;
            (3) $983,000 for grants for televised testimony, as authorized
        by Part N of the 1968 Act;
            (4) $187,086,000 for grants to combat violence against women,
        as authorized by part T of the 1968 Act, of which--
                (A) $5,000,000 shall be for the National Institute of
            Justice for research and evaluation of violence against women;
                (B) $10,000,000 shall be for the Office of Juvenile Justice
            and Delinquency Prevention for the Safe Start Program, as
            authorized by the 1974 Act; and
                (C) $12,500,000 shall be for transitional housing
            assistance grants for victims of domestic violence, stalking or
            sexual assault as authorized by Public Law 108-21;
            (5) $63,491,000 for grants to encourage arrest policies as
        authorized by part U of the 1968 Act;
            (6) $39,685,000 for rural domestic violence and child abuse
        enforcement assistance grants, as authorized by section 40295(a) of
        the 1994 Act;
            (7) $4,415,000 for training programs as authorized by section
        40152 of the 1994 Act, and for related local demonstration
        projects;
            (8) $2,950,000 for grants to improve the stalking and domestic
        violence databases, as authorized by section 40602 of the 1994 Act;
            (9) $9,175,000 to reduce violent crimes against women on
        campus, as authorized by section 1108(a) of Public Law 106-386;
            (10) $39,740,000 for legal assistance for victims, as
        authorized by section 1201(c) of Public Law 106-386;
            (11) $4,600,000 for enhancing protection for older and disabled
        women from domestic violence and sexual assault, as authorized by
        section 40802 of the 1994 Act;
            (12) $14,078,000 for the safe havens for children pilot
        program, as authorized by section 1301(a) of Public Law 106-386;
        and
            (13) $7,250,000 for education and training to end violence
        against and abuse of women with disabilities, as authorized by
        section 1402(a) of Public Law 106-386.

                           Office of Justice Programs

                                Justice Assistance

        For grants, contracts, cooperative agreements, and other assistance
    authorized by title I of the Omnibus Crime Control and Safe Streets Act
    of 1968, the Missing Children's Assistance Act, including salaries and
    expenses in connection therewith, the Prosecutorial Remedies and Other
    Tools to end the Exploitation of Children Today Act of 2003 (Public Law
    108-21), and the Victims of Crime Act of 1984, $227,900,000, to remain
    available until expended.

                    STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Violent Crime Control and Law Enforcement Act of 1994
    (Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
    Safe Streets Act of 1968 (``the 1968 Act''); the Victims of Trafficking
    and Violence Protection Act of 2000 (Public Law 106-386); and other
    programs; $1,295,510,000 (including amounts for administrative costs,
    which shall be transferred to and merged with the ``Justice
    Assistance'' account): Provided, That funding provided under this
    heading shall remain available until expended, as follows--
            (1) $634,000,000 for the Edward Byrne Memorial Justice
        Assistance Grant program pursuant to the amendments made by section
        201 of H.R. 3036 of the 108th Congress, as passed by the House of
        Representatives on March 30, 2004 (except that the special rules
        for Puerto Rico established pursuant to such amendments shall not
        apply for purposes of this Act), of which--
                (A) $85,000,000 shall be for Boys and Girls Clubs in public
            housing facilities and other areas in cooperation with State
            and local law enforcement, as authorized by section 401 of
            Public Law 104-294 (42 U.S.C. 13751 note);
                (B) $10,000,000 shall be available for the National
            Institute of Justice in assisting units of local government to
            identify, select, develop, modernize, and purchase new
            technologies for use by law enforcement; and
                (C) $2,500,000 for USA Freedom Corps activities;
            (2) $305,000,000 for the State Criminal Alien Assistance
        Program, as authorized by section 242(j) of the Immigration and
        Nationality Act;
            (3) $30,000,000 is for the Southwest Border Prosecutor
        Initiative to reimburse State, county, parish, tribal, or municipal
        governments only for costs associated with the prosecution of
        criminal cases declined by local United States Attorneys offices;
            (4) $18,000,000 for assistance to Indian tribes, of which--
                (A) $5,000,000 shall be available for grants under section
            20109(a)(2) of subtitle A of title II of the 1994 Act;
                (B) $8,000,000 shall be available for the Tribal Courts
            Initiative; and
                (C) $5,000,000 shall be available for demonstration
            projects on alcohol and crime in Indian Country;
            (5) $170,027,000 for discretionary grants authorized by subpart
        2 of part E, of title I of the 1968 Act, notwithstanding the
        provisions of section 511 of said Act;
            (6) $10,000,000 for victim services programs for victims of
        trafficking, as authorized by section 107(b)(2) of Public Law 106-
        386;
            (7) $883,000 for the Missing Alzheimer's Disease Patient Alert
        Program, as authorized by section 240001(c) of the 1994 Act;
            (8) $40,000,000 for Drug Courts, as authorized by Part EE of
        the 1968 Act;
            (9) $2,000,000 for public awareness programs addressing
        marketing scams aimed at senior citizens, as authorized by section
        250005(3) of the 1994 Act;
            (10) $10,000,000 for a prescription drug monitoring program;
            (11) $37,000,000 for prison rape prevention and prosecution
        programs as authorized by the Prison Rape Elimination Act of 2003
        (Public Law 108-79), of which $1,000,000 shall be transferred to
        the National Prison Rape Elimination Commission for authorized
        activities;
            (12) $25,000,000 for grants for residential substance abuse
        treatment for State prisoners, as authorized by part S of the 1968
        Act;
            (13) $10,500,000 for a program to improve State and local law
        enforcement intelligence capabilities including training to ensure
        that constitutional rights, civil liberties, civil rights, and
        privacy interests are protected throughout the intelligence
        process;
            (14) $1,000,000 for a State and local law enforcement hate
        crimes training and technical assistance program;
            (15) $2,000,000 for Law Enforcement Family Support Programs, as
        authorized by section 1001(a)(21) of the 1968 Act; and
            (16) $100,000 for Motor Vehicle Theft Prevention Programs, as
        authorized by section 220002(h) of the 1994 Act:
    Provided, That, if a unit of local government uses any of the funds
    made available under this title to increase the number of law
    enforcement officers, the unit of local government will achieve a net
    gain in the number of law enforcement officers who perform
    nonadministrative public safety service.

                            WEED AND SEED PROGRAM FUND

        For necessary expenses, including salaries and related expenses of
    the Executive Office for Weed and Seed, to implement ``Weed and Seed''
    program activities, $62,000,000, to remain available until September
    30, 2006, for inter-governmental agreements, including grants,
    cooperative agreements, and contracts, with State and local law
    enforcement agencies, non-profit organizations, and agencies of local
    government engaged in the investigation and prosecution of violent and
    gang-related crimes and drug offenses in ``Weed and Seed'' designated
    communities, and for either reimbursements or transfers to
    appropriation accounts of the Department of Justice and other Federal
    agencies which shall be specified by the Attorney General to execute
    the ``Weed and Seed'' program strategy: Provided, That funds designated
    by Congress through language for other Department of Justice
    appropriation accounts for ``Weed and Seed'' program activities shall
    be managed and executed by the Attorney General through the Executive
    Office for Weed and Seed: Provided further, That the Attorney General
    may direct the use of other Department of Justice funds and personnel
    in support of ``Weed and Seed'' program activities only after the
    Attorney General notifies the Committees on Appropriations of the House
    of Representatives and the Senate in accordance with section 605 of
    this Act: Provided further, That of the funds appropriated for the
    Executive Office for Weed and Seed, $2,000,000 shall be directed for
    comprehensive community development training and technical assistance.

                       COMMUNITY ORIENTED POLICING SERVICES

        For activities authorized by the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322) (including administrative
    costs), $606,446,000, to remain available until expended: Provided,
    That funds that become available as a result of deobligations from
    prior year balances may not be obligated except in accordance with
    section 605 of this Act: Provided further, That of the funds under this
    heading, not to exceed $2,575,000 shall be available for the Office of
    Justice Programs for reimbursable services associated with programs
    administered by the Community Oriented Policing Services Office:
    Provided further, That section 1703(b) and (c) of the Omnibus Crime
    Control and Safe Streets Act of 1968 (``the 1968 Act'') shall not apply
    to non-hiring grants made pursuant to part Q of title I thereof (42
    U.S.C. 3796dd et seq.). Of the amounts provided--
            (1) $10,000,000 is for the hiring of law enforcement officers,
        including $5,000,000 for school resource officers;
            (2) $15,000,000 is for training and technical assistance;
            (3) $20,000,000 is for improving tribal law enforcement
        including equipment and training;
            (4) $100,000,000 is for the COPS Interoperable Communications
        Technology Program;
            (5) $7,500,000 is for a police integrity program;
            (6) $25,000,000 is for the matching grant program for law
        enforcement armor vests as authorized by section 2501 of part Y of
        the 1968 Act: Provided, That not to exceed 2 percent of such funds
        shall be available to the Office of Justice Programs for testing of
        and research relating to law enforcement armor vests;
            (7) $52,556,000 is for policing initiatives to combat
        methamphetamine production and trafficking and to enhance policing
        initiatives in ``drug hot spots'';
            (8) $15,000,000 is for Police Corps education and training:
        Provided, That the out-year program costs of new recruits shall be
        fully funded from funds currently available;
            (9) $138,615,000 is for a law enforcement technology program;
            (10) $25,000,000 is for grants to upgrade criminal records, as
        authorized under the Crime Identification Technology Act of 1998
        (42 U.S.C. 14601);
            (11) $28,450,000 is for grants, contracts and other assistance
        to States under section 102(b) of the Crime Identification
        Technology Act of 1998 (42 U.S.C. 14601);
            (12) $110,000,000 is for a DNA analysis and capacity
        enhancement program;
            (13) $15,000,000 is for Paul Coverdell Forensic Sciences
        Improvement Grants under part BB of title I of the 1968 Act (42
        U.S.C. 3797j et seq.);
            (14) $10,000,000 is for an offender re-entry program, as
        authorized by Public Law 107-273;
            (15) $4,325,000 is for the Safe Schools Initiative; and
            (16) not to exceed $30,000,000 is for program management and
        administration.

                            JUVENILE JUSTICE PROGRAMS

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Juvenile Justice and Delinquency Prevention Act of
    1974 (``the Act''), and other juvenile justice programs, including
    salaries and expenses in connection therewith to be transferred to and
    merged with the appropriations for Justice Assistance, $384,177,000, to
    remain available until expended, as follows--
            (1) $3,000,000 for concentration of Federal efforts, as
        authorized by section 204 of the Act;
            (2) $84,000,000 for State and local programs authorized by
        section 221 of the Act, including training and technical assistance
        to assist small, non-profit organizations with the Federal grants
        process;
            (3) $102,177,000 for demonstration projects, as authorized by
        sections 261 and 262 of the Act;
            (4) $10,000,000 for research, evaluation, training and
        technical assistance, as authorized by sections 251 and 252 of the
        Act;
            (5) $15,000,000 for juvenile mentoring programs;
            (6) $80,000,000 for delinquency prevention, as authorized by
        section 505 of the Act, of which--
                (A) $10,000,000 shall be for the Tribal Youth Program;
                (B) $25,000,000 shall be for a gang resistance education
            and training program to be administered by the Bureau of
            Justice Assistance and to be coordinated with the Bureau of
            Alcohol, Tobacco, Firearms and Explosives and the Office of
            Juvenile Justice and Delinquency Prevention; and
                (C) $25,000,000 shall be for grants of $360,000 to each
            State and $6,640,000 shall be available for discretionary
            grants to States, for programs and activities to enforce State
            laws prohibiting the sale of alcoholic beverages to minors or
            the purchase or consumption of alcoholic beverages by minors,
            prevention and reduction of consumption of alcoholic beverages
            by minors, and for technical assistance and training;
            (7) $5,000,000 for Project Childsafe;
            (8) $15,000,000 for the Secure Our Schools Act as authorized by
        Public Law 106-386;
            (9) $15,000,000 for programs authorized by the Victims of Child
        Abuse Act of 1990; and
            (10) $55,000,000 for the Juvenile Accountability Block Grants
        program as authorized by Public Law 107-273 and Guam shall be
        considered a State:
    Provided, That not more than 10 percent of each amount may be used for
    research, evaluation, and statistics activities designed to benefit the
    programs or activities authorized: Provided further, That not more than
    2 percent of each amount may be used for training and technical
    assistance.

                         Public Safety Officers Benefits

        To remain available until expended, for payments authorized by part
    L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
    (42 U.S.C. 3796), such sums as are necessary, as authorized by section
    6093 of Public Law 100-690 (102 Stat. 4339-4340); and $3,615,000, to
    remain available until expended for payments as authorized by section
    1201(b) of said Act; and $2,795,000 for educational assistance, as
    authorized by section 1212 of the 1968 Act.

                   General Provisions--Department of Justice

        Sec. 101. In addition to amounts otherwise made available in this
    title for official reception and representation expenses, a total of
    not to exceed $60,000 from funds appropriated to the Department of
    Justice in this title shall be available to the Attorney General for
    official reception and representation expenses.
        Sec. 102. None of the funds appropriated by this title shall be
    available to pay for an abortion, except where the life of the mother
    would be endangered if the fetus were carried to term, or in the case
    of rape: Provided, That should this prohibition be declared
    unconstitutional by a court of competent jurisdiction, this section
    shall be null and void.
        Sec. 103. None of the funds appropriated under this title shall be
    used to require any person to perform, or facilitate in any way the
    performance of, any abortion.
        Sec. 104. Nothing in the preceding section shall remove the
    obligation of the Director of the Bureau of Prisons to provide escort
    services necessary for a female inmate to receive such service outside
    the Federal facility: Provided, That nothing in this section in any way
    diminishes the effect of section 103 intended to address the
    philosophical beliefs of individual employees of the Bureau of Prisons.
        Sec. 105. 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. 106. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Justice in
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 605 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section: Provided further, That none of the funds
    appropriated to ``Buildings and Facilities, Federal Prison System'' in
    this or any other Act may be transferred to ``Salaries and Expenses,
    Federal Prison System'', or any other Department of Justice account,
    unless the President certifies that such a transfer is necessary to the
    national security interests of the United States, and such authority
    shall not be delegated, and shall be subject to section 605 of this
    Act.
        Sec. 107. Section 114 of Public Law 107-77 shall remain in effect
    during fiscal year 2005.
        Sec. 108. In addition to the amounts provided under ``Salaries and
    Expenses, United States Attorneys'', $15,000,000 shall be for Project
    Seahawk and shall remain available until expended.
        Sec. 109. The Attorney General is authorized to extend through
    September 30, 2006, the Personnel Management Demonstration Project
    transferred to the Attorney General pursuant to section 1115 of the
    Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533)
    without limitation on the number of employees or the positions covered.
        Sec. 110. (a) None of the funds made available in this Act may be
    used by the Drug Enforcement Administration to establish a procurement
    quota following the approval of a new drug application or an
    abbreviated new drug application for a controlled substance.
        (b) The limitation established in subsection (a) shall not apply
    until 180 days after enactment of this Act.
        Sec. 111. The limitation established in the preceding section shall
    not apply to any new drug application or abbreviated new drug
    application for which the Drug Enforcement Administration has reviewed
    and provided public comments on labeling, promotion, risk management
    plans, and any other documents.
        Sec. 112. (a) Section 8335(b) of title 5, United States Code, is
    amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; and
            (2) by adding at the end the following:
        ``(2) In the case of employees of the Federal Bureau of
    Investigation, the second sentence of paragraph (1) shall be applied by
    substituting `65 years of age' for `60 years of age'. The authority to
    grant exemptions in accordance with the preceding sentence shall cease
    to be available after December 31, 2009.''.
        (b) Section 8425(b) of title 5, United States Code, is amended--
            (1) by striking ``(b)'' and inserting ``(b)(1)''; and
            (2) by adding at the end the following:
        ``(2) In the case of employees of the Federal Bureau of
    Investigation, the second sentence of paragraph (1) shall be applied by
    substituting `65 years of age' for `60 years of age'. The authority to
    grant exemptions in accordance with the preceding sentence shall cease
    to be available after December 31, 2009.''.
        Sec. 113. (a) Subchapter IV of chapter 57 of title 5, United States
    Code, is amended by adding at the end the following:

    ``Sec. 5759. Retention and relocation bonuses for the Federal Bureau of
                Investigation

        ``(a) Authority.--The Director of the Federal Bureau of
    Investigation, after consultation with the Director of the Office of
    Personnel Management, may pay, on a case-by-case basis, a bonus under
    this section to an employee of the Bureau if--
            ``(1)(A) the unusually high or unique qualifications of the
        employee or a special need of the Bureau for the employee's
        services makes it essential to retain the employee; and
            ``(B) the Director of the Federal Bureau of Investigation
        determines that, in the absence of such a bonus, the employee would
        be likely to leave--
                ``(i) the Federal service; or
                ``(ii) for a different position in the Federal service; or
            ``(2) the individual is transferred to a different geographic
        area with a higher cost of living (as determined by the Director of
        the Federal Bureau of Investigation).
        ``(b) Service Agreement.--Payment of a bonus under this section is
    contingent upon the employee entering into a written service agreement
    with the Bureau to complete a period of service with the Bureau. Such
    agreement shall include--
            ``(1) the period of service the individual shall be required to
        complete in return for the bonus; and
            ``(2) the conditions under which the agreement may be
        terminated before the agreed-upon service period has been
        completed, and the effect of the termination.
        ``(c) Limitation on Authority.--A bonus paid under this section may
    not exceed 50 percent of the employee's basic pay.
        ``(d) Impact on Basic Pay.--A retention bonus is not part of the
    basic pay of an employee for any purpose.
        ``(e) Termination of Authority.--The authority to grant bonuses
    under this section shall cease to be available after December 31,
    2009.''.
        (b) The analysis for chapter 57 of title 5, United States Code, is
    amended by adding at the end the following:

    ``5759. Retention and relocation bonuses for the Federal Bureau of
              Investigation.''.

        Sec. 114. (a) Chapter 35 of title 5 of the United States Code, is
    amended by adding at the end the following:

      ``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
                        FEDERAL BUREAU OF INVESTIGATION

    ``Sec. 3598. Federal Bureau of Investigation Reserve Service

        ``(a) Establishment.--The Director of the Federal Bureau of
    Investigation may provide for the establishment and training of a
    Federal Bureau of Investigation Reserve Service (hereinafter in this
    section referred to as the `FBI Reserve Service') for temporary
    reemployment of employees in the Bureau during periods of emergency, as
    determined by the Director.
        ``(b) Membership.--Membership in the FBI Reserve Service shall be
    limited to individuals who previously served as full-time employees of
    the Bureau.
        ``(c) Annuitants.--If an annuitant receiving an annuity from the
    Civil Service Retirement and Disability Fund becomes temporarily
    reemployed pursuant to this section, such annuity shall not be
    discontinued thereby. An annuitant so reemployed shall not be
    considered an employee for the purposes of chapter 83 or 84.
        ``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve Service
    members reemployed on a temporary basis pursuant to this section shall
    not count against any personnel ceiling applicable to the Bureau.
        ``(e) Expenses.--The Director may provide members of the FBI
    Reserve Service transportation and per diem in lieu of subsistence, in
    accordance with applicable provisions of this title, for the purpose of
    participating in any training that relates to service as a member of
    the FBI Reserve Service.
        ``(f) Limitation on Membership.--Membership of the FBI Reserve
    Service is not to exceed 500 members at any given time.''.
        (b) The analysis for chapter 35 of title 5, United States Code, is
    amended by adding at the end the following:

      ``Subchapter VII--Retention of Retired Specialized Employees at the
                         Federal Bureau of Investigation

    ``3598. Federal Bureau of Investigation reserve service.''.

        Sec. 115. Section 5377(a)(2) of title 5, United States Code, is
    amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) and
        inserting ``; and''; and
            (3) by inserting after subparagraph (F) the following:
                ``(G) a position at the Federal Bureau of Investigation,
            the primary duties and responsibilities of which relate to
            intelligence functions (as determined by the Director of the
            Federal Bureau of Investigation).''.
        Sec. 116. Notwithstanding any other provision of law, Public Law
    102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco,
    Firearms and Explosives in the conduct of undercover investigative
    operations and shall apply without fiscal year limitation with respect
    to any undercover investigative operation initiated by the Bureau of
    Alcohol, Tobacco, Firearms and Explosives that is necessary for the
    detection and prosecution of crimes against the United States.
        Sec. 117. Section 1344 of title 31 of the United States Code, is
    amended in subsection (b) paragraph (6) by inserting after ``Federal
    Bureau of Investigation,'' the words ``Director of the Bureau of
    Alcohol, Tobacco, Firearms and Explosives''. This amendment shall take
    effect as if enacted on January 1, 2004.
        Sec. 118. Within 45 days of enactment of this Act, the Bureau of
    Prisons will submit a comprehensive financial plan for the Federal
    Prison System to the Committees on Appropriations.
        Sec. 119. The Bureau of Prisons shall implement a pilot program in
    the Southern District of Florida which would allow the Federal Public
    Defender to transfer computers to the local detention facility to
    review electronic discovery. These computers will be used according to
    schedules and protocols developed by the staff of the local facility in
    consultation with the Federal Defender and the District Court's
    Criminal Justice Act Selection Committee.
        Sec. 120. None of the funds made available to the Department of
    Justice in this Act may be used for the purpose of transporting an
    individual who is a prisoner pursuant to conviction for crime under
    State or Federal law and is classified as a maximum or high security
    prisoner, other than to a prison or other facility certified by the
    Federal Bureau of Prisons as appropriately secure for housing such a
    prisoner.
        Sec. 121. (a) None of the funds appropriated by this Act may be
    used by Federal prisons to purchase cable television services, to rent
    or purchase videocassettes, videocassette recorders, or other
    audiovisual or electronic equipment used primarily for recreational
    purposes.
        (b) The preceding sentence does not preclude the renting,
    maintenance, or purchase of audiovisual or electronic equipment for
    inmate training, religious, or educational programs.
        Sec. 122. Section 3(e) of the Radiation Exposure Compensation Act
    (42 U.S.C. 2210 note) is amended--
            (1) in paragraph (1), by striking ``through fiscal year 2011'';
        and
            (2) in paragraph (2), by striking subparagraphs (E) through
        (J).
        Sec. 123. The Prison Rape Elimination Act of 2003 is amended--
            (1) in section 7--
                (A) in the heading by striking ``reduction'' and inserting
            ``elimination''; and
                (B) in subsection (a) by striking ``Reduction'' and
            inserting ``Elimination''; and
            (2) in section 1(b), by striking ``Reduction'' in the item
        relating to section 7 and inserting ``Elimination''.
        Sec. 124. (a) The President shall award and present a 9/11 Heroes
    Medal of Valor of appropriate design, with ribbons and appurtenances,
    to an appropriate representative of those individuals who were members
    of public safety agencies and were killed in the terrorist attacks in
    the United States on September 11, 2001, as certified by the Attorney
    General, on behalf of such individuals.
        (b) The presentation of medals pursuant to subsection (a) shall be
    made as close as feasible to the 4th anniversary of the terrorist
    attacks described in that subsection.
        (c)(1) To be eligible for the medal referred to in subsection (a),
    an individual shall have been a public safety officer (as defined in
    section 5 of the Public Safety Officer Medal of Valor Act of 2001)
    who--
            (A) was present in New York, Virginia, or Pennsylvania on
        September 11, 2001;
            (B) participated in the response that day to the terrorist
        attacks on the World Trade Center, the terrorist attack on the
        Pentagon, or the terrorist attack that resulted in the crash of the
        fourth airplane in Pennsylvania; and
            (C) died as a result of such participation.
        (2) An individual who was killed in one of the attacks referred to
    in paragraph (1)(B) shall be deemed, for purposes of the eligibility
    requirement of that paragraph, to have participated in the response.
        (3) The certification of eligible recipients of the medal under
    subsection (a) shall be completed by the Attorney General by July 1,
    2005.
        (d)(1)(A) The design of the medal under this section shall be
    selected by the Attorney General after consultation with--
            (i) the Commission of Fine Arts; and
            (ii) the Institute of Heraldry within the Department of
        Defense, regarding the design and artistry of the 9/11 Heroes Medal
        of Valor.
        (B) The Attorney General may also consider suggestions received by
    the Department of Justice regarding the design of the medal, including
    those made by persons not employed by the Department of Justice.
        (2) After such consultation and selection of design, the Attorney
    General shall make necessary arrangements with the Secretary of the
    Treasury for the Secretary to prepare and strike, on a reimbursable
    basis, such number of medals as may be required to carry out this
    section.
        (3) The medals struck under this section are national medals for
    purposes of chapter 51 of title 31, United States Code.
        (e) The Attorney General shall establish such procedures and
    requirements as may be necessary to carry out this section.
        (f) There are authorized to be appropriated to the Attorney General
    such sums as may be necessary to carry out this section.
        Sec. 125. (a) The Attorney General shall transfer, without
    reimbursement, to the Secretary of the Army a parcel of real property,
    including any improvements thereon, consisting of approximately 57.8
    acres located on River Road in Prince George County, Virginia. The real
    property is currently under the administrative jurisdiction of the
    Bureau of Prisons. Upon transfer of the real property under this
    subsection, the Secretary of the Army shall assume administrative and
    jurisdictional accountability over property and include the property as
    part of Fort Lee, Virginia.
        (b) The exact acreage and legal description of the real property to
    be transferred under subsection (a) shall be determined by a survey
    satisfactory to the Secretary of the Army.
        Sec. 126. The Department of Justice shall establish an Office of
    Justice for Victims of Overseas Terrorism.
        This title may be cited as the ``Department of Justice
    Appropriations Act, 2005''.

             TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                      Trade and Infrastructure Development

                                RELATED AGENCIES

                Office of the United States Trade Representative

                              Salaries and Expenses

        For necessary expenses of the Office of the United States Trade
    Representative, including the hire of passenger motor vehicles and the
    employment of experts and consultants as authorized by 5 U.S.C. 3109,
    $41,552,000, of which $1,000,000 shall remain available until expended:
    Provided, That not to exceed $124,000 shall be available for official
    reception and representation expenses: Provided further, That not less
    than $2,000,000 provided under this heading shall be for expenses
    authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, That
    negotiations shall be conducted within the World Trade Organization to
    recognize the right of members to distribute monies collected from
    antidumping and countervailing duties: Provided further, That there is
    established a position of Chief Negotiator for Intellectual Property
    Enforcement.

      National Intellectual Property Law Enforcement Coordination Council

        For necessary expenses of the National Intellectual Property Law
    Enforcement Coordination Council to coordinate domestic and
    international intellectual property protection and law enforcement
    relating to intellectual property among Federal and foreign entities,
    $2,000,000, to remain available until September 30, 2006: Provided,
    That there shall be at the head of the National Intellectual Property
    Law Enforcement Coordination Council a Coordinator for International
    Intellectual Property Enforcement: Provided further, That the
    Coordinator for International Intellectual Property Enforcement shall
    be appointed by the President: Provided further, That no person shall
    serve as the Coordinator for International Intellectual Property
    Enforcement while serving in any other position in the Federal
    Government: Provided further, That the co-chairs of the National
    Intellectual Property Law Enforcement Coordination Council, as
    designated by Public Law 106-58, shall report to the Coordinator for
    International Intellectual Property Enforcement on matters concerning
    the National Intellectual Property Law Enforcement Coordination
    Council: Provided further, That the National Intellectual Property Law
    Enforcement Coordination Council shall--
            (1) establish policies, objectives, and priorities concerning
        international intellectual property protection and intellectual
        property law enforcement;
            (2) promulgate a strategy for protecting American intellectual
        property overseas; and
            (3) coordinate and oversee implementation by agencies with
        responsibilities for intellectual property protection and
        intellectual property law enforcement of the policies, objectives,
        and priorities established under paragraph (1) and the fulfillment
        of the responsibilities assigned to such agencies in the strategy
        described in paragraph (2):
    Provided further, That the Coordinator for International Intellectual
    Property Enforcement shall develop for each fiscal year, with the
    advice of the members of the National Intellectual Property Law
    Enforcement Coordination Council and any other departments and agencies
    with responsibilities for intellectual property protection and
    intellectual property law enforcement, a budget proposal to implement
    the strategy described in paragraph (2) and for the operations of the
    National Intellectual Property Law Enforcement Coordination Council,
    and shall transmit such budget proposal to the President and to the
    Congress: Provided further, That the Coordinator for International
    Intellectual Property Enforcement may select, appoint, employ, and fix
    compensation of such officers and employees as may be necessary to
    carry out the functions of the National Intellectual Property Law
    Enforcement Coordination Council: Provided further, That the
    Coordinator for International Intellectual Property Enforcement may
    direct, with the concurrence of the Secretary of a department or head
    of an agency, the temporary reassignment within the Federal Government
    of personnel employed by such department or agency.

                         International Trade Commission

                              Salaries and Expenses

        For necessary expenses of the International Trade Commission,
    including hire of passenger motor vehicles, and services as authorized
    by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
    representation expenses, $61,700,000, to remain available until
    expended.

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                          Operations and administration

        For necessary expenses for international trade activities of the
    Department of Commerce provided for by law, and for engaging in trade
    promotional activities abroad, including expenses of grants and
    cooperative agreements for the purpose of promoting exports of United
    States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
    coverage for dependent members of immediate families of employees
    stationed overseas and employees temporarily posted overseas; travel
    and transportation of employees of the United States and Foreign
    Commercial Service between two points abroad, without regard to 49
    U.S.C. 40118; employment of Americans and aliens by contract for
    services; rental of space abroad for periods not exceeding 10 years,
    and expenses of alteration, repair, or improvement; purchase or
    construction of temporary demountable exhibition structures for use
    abroad; payment of tort claims, in the manner authorized in the first
    paragraph of 28 U.S.C. 2672 when such claims arise in foreign
    countries; not to exceed $327,000 for official representation expenses
    abroad; purchase of passenger motor vehicles for official use abroad,
    not to exceed $30,000 per vehicle; obtaining insurance on official
    motor vehicles; and rental of tie lines, $401,513,000, to remain
    available until expended, of which $8,000,000 is to be derived from
    fees to be retained and used by the International Trade Administration,
    notwithstanding 31 U.S.C. 3302: Provided, That $48,509,000 shall be for
    Manufacturing and Services; $40,087,000 shall be for Market Access and
    Compliance; $64,544,000 shall be for the Import Administration of which
    not less than $3,000,000 is for the Office of China Compliance;
    $222,365,000 shall be for the United States and Foreign Commercial
    Service of which $1,500,000 is for the Advocacy Center, $2,500,000 is
    for the Trade Information Center, and $2,100,000 is for a China and
    Middle East Business Center; and $26,008,000 shall be for Executive
    Direction and Administration: Provided further, That the provisions of
    the first sentence of section 105(f) and all of section 108(c) of the
    Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
    and 2458(c)) shall apply in carrying out these activities without
    regard to section 5412 of the Omnibus Trade and Competitiveness Act of
    1988 (15 U.S.C. 4912); and that for the purpose of this Act,
    contributions under the provisions of the Mutual Educational and
    Cultural Exchange Act of 1961 shall include payment for assessments for
    services provided as part of these activities: Provided further, That
    negotiations shall be conducted within the World Trade Organization to
    recognize the right of members to distribute monies collected from
    antidumping and countervailing duties: Provided further, That of the
    amount provided, $1,000,000 is for a grant to the United States Air and
    Trade Show Inc., to study the feasibility of the establishment and
    operation of a biennial United States international air trade show to
    promote international exports from the United States and for initial
    expenses of implementing the recommendations set forth in the study:
    Provided further, That for purposes of section 31.205(d)(2) of the
    Federal Acquisition Regulation, any international air and trade show
    conducted by the grantee shall be considered to be a trade show
    containing a significant effort to promote exports from the United
    States.

                        Bureau of Industry and Security

                          Operations and administration

        For necessary expenses for export administration and national
    security activities of the Department of Commerce, including costs
    associated with the performance of export administration field
    activities both domestically and abroad; full medical coverage for
    dependent members of immediate families of employees stationed
    overseas; employment of Americans and aliens by contract for services
    abroad; payment of tort claims, in the manner authorized in the first
    paragraph of 28 U.S.C. 2672 when such claims arise in foreign
    countries; not to exceed $15,000 for official representation expenses
    abroad; awards of compensation to informers under the Export
    Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and
    purchase of passenger motor vehicles for official use and motor
    vehicles for law enforcement use with special requirement vehicles
    eligible for purchase without regard to any price limitation otherwise
    established by law, $68,393,000, to remain available until expended, of
    which $7,200,000 shall be for inspections and other activities related
    to national security: Provided, That the provisions of the first
    sentence of section 105(f) and all of section 108(c) of the Mutual
    Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
    2458(c)) shall apply in carrying out these activities: Provided
    further, That payments and contributions collected and accepted for
    materials or services provided as part of such activities may be
    retained for use in covering the cost of such activities, and for
    providing information to the public with respect to the export
    administration and national security activities of the Department of
    Commerce and other export control programs of the United States and
    other governments.

                      Economic Development Administration

                     Economic development assistance programs

        For grants for economic development assistance as provided by the
    Public Works and Economic Development Act of 1965, and for trade
    adjustment assistance, $257,423,000, to remain available until
    expended.

                              Salaries and expenses

        For necessary expenses of administering the economic development
    assistance programs as provided for by law, $30,483,000: Provided, That
    these funds may be used to monitor projects approved pursuant to title
    I of the Public Works Employment Act of 1976, title II of the Trade Act
    of 1974, and the Community Emergency Drought Relief Act of 1977.

                      Minority Business Development Agency

                          Minority business development

        For necessary expenses of the Department of Commerce in fostering,
    promoting, and developing minority business enterprise, including
    expenses of grants, contracts, and other agreements with public or
    private organizations, $29,899,000.

                    Economic and Information Infrastructure

                       Economic and Statistical Analysis

                              Salaries and expenses

        For necessary expenses, as authorized by law, of economic and
    statistical analysis programs of the Department of Commerce,
    $80,000,000, to remain available until September 30, 2006, of which
    $2,000,000 is for a grant to the National Academy of Public
    Administration to study impacts of off-shoring on the economy and
    workforce of the United States.

                              Bureau of the Census

                              Salaries and expenses

        For expenses necessary for collecting, compiling, analyzing,
    preparing, and publishing statistics, provided for by law,
    $198,765,000.

                          Periodic censuses and programs

        For necessary expenses related to the 2010 decennial census,
    $393,515,000, to remain available until September 30, 2006: Provided,
    That of the total amount available related to the 2010 decennial
    census, $165,196,000 is for the Re-engineered Design Process for the
    Short-Form Only Census, $146,009,000 is for the American Community
    Survey, and $82,310,000 is for the Master Address File/Topologically
    Integrated Geographic Encoding and Referencing (MAF/TIGER) system.
        In addition, for expenses to collect and publish statistics for
    other periodic censuses and programs provided for by law, $162,601,000,
    to remain available until September 30, 2006, of which $73,473,000 is
    for economic statistics programs and $89,128,000 is for demographic
    statistics programs: Provided, That regarding construction of a
    facility at the Suitland Federal Center, quarterly reports regarding
    the expenditure of funds and project planning, design and cost
    decisions shall be provided by the Bureau, in cooperation with the
    General Services Administration, to the Committees on Appropriations of
    the Senate and the House of Representatives: Provided further, That
    none of the funds provided in this or any other Act under the heading
    ``Bureau of the Census, Periodic Censuses and Programs'' shall be used
    to fund the construction and tenant build-out costs of a facility at
    the Suitland Federal Center: Provided further, That none of the funds
    provided in this or any other Act for any fiscal year may be used for
    the collection of Census data on race identification that does not
    include ``some other race'' as a catagory.

           National Telecommunications and Information Administration

                              Salaries and expenses

        For necessary expenses, as provided for by law, of the National
    Telecommunications and Information Administration (NTIA), $17,433,000,
    to remain available until September 30, 2006: Provided, That,
    notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
    charge Federal agencies for costs incurred in spectrum management,
    analysis, and operations, and related services and such fees shall be
    retained and used as offsetting collections for costs of such spectrum
    services, to remain available until expended: Provided further, That
    the Secretary of Commerce is authorized to retain and use as offsetting
    collections all funds transferred, or previously transferred, from
    other Government agencies for all costs incurred in telecommunications
    research, engineering, and related activities by the Institute for
    Telecommunication Sciences of NTIA, in furtherance of its assigned
    functions under this paragraph, and such funds received from other
    Government agencies shall remain available until expended.

         Public telecommunications facilities, planning and construction

        For the administration of grants authorized by section 392 of the
    Communications Act of 1934, $21,769,000, to remain available until
    expended as authorized by section 391 of the Act: Provided, That not to
    exceed $2,000,000 shall be available for program administration as
    authorized by section 391 of the Act: Provided further, That,
    notwithstanding the provisions of section 391 of the Act, the prior
    year unobligated balances may be made available for grants for projects
    for which applications have been submitted and approved during any
    fiscal year.

                        Information infrastructure grants

        For the administration of prior year grants, recoveries and
    unobligated balances of funds previously appropriated for grants are
    available only for the administration of all open grants until their
    expiration.

                   United States Patent and Trademark Office

                              Salaries and expenses

        For necessary expenses of the United States Patent and Trademark
    Office provided for by law, including defense of suits instituted
    against the Under Secretary of Commerce for Intellectual Property and
    Director of the United States Patent and Trademark Office,
    $1,336,000,000, to remain available until expended, which shall be
    derived from offsetting collections assessed and collected pursuant to
    15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained and used
    for necessary expenses: Provided, That the sum herein appropriated from
    the general fund shall be reduced as such offsetting collections are
    received during fiscal year 2005, so as to result in a fiscal year 2005
    appropriation from the general fund estimated at $0: Provided further,
    That during fiscal year 2005, should the total amount of offsetting fee
    collections be less than $1,356,000,000, this amount shall be reduced
    accordingly: Provided further, That not less than 526 full-time
    equivalents, 530 positions and $72,899,000 shall be for the examination
    of trademark applications; and not less than 5,057 full-time
    equivalents, 5,139 positions and $759,021,000 shall be for the
    examination and searching of patent applications: Provided further,
    That not more than 244 full-time equivalents, 251 positions and
    $31,906,000 shall be for the Office of the General Counsel: Provided
    further, That of amounts made available under this heading, $20,000,000
    shall only be available for initiatives to protect United States
    intellectual property overseas: Provided further, That from amounts
    provided herein, not to exceed $1,000 shall be made available in fiscal
    year 2005 for official reception and representation expenses: Provided
    further, That notwithstanding section 1353 of title 31, United States
    Code, no employee of the United States Patent and Trademark Office may
    accept payment or reimbursement from a non-Federal entity for travel,
    subsistence, or related expenses for the purpose of enabling an
    employee to attend and participate in a convention, conference, or
    meeting when the entity offering payment or reimbursement is a person
    or corporation subject to regulation by the Office, or represents a
    person or corporation subject to regulation by the Office, unless the
    person or corporation is an organization exempt from taxation pursuant
    to section 501(c)(3) of the Internal Revenue Code of 1986.
        In addition, fees authorized by title VIII of this Act may be
    collected and credited to this account as offsetting collections:
    Provided, That not to exceed $218,754,000 derived from such offsetting
    collections shall be available until expended for authorized purposes:
    Provided further, That not less than 58 full-time equivalents, 72
    positions and $5,551,000 shall be for the examination of trademark
    applications; and not less than 378 full-time equivalents, 709
    positions and $106,986,000 shall be for the examination and searching
    of patent applications: Provided further, That not more than 20 full-
    time equivalents, 20 positions and $4,955,000 shall be for the Office
    of the General Counsel: Provided further, That the total amount
    appropriated from fees collected in fiscal year 2005, including such
    increased fees, shall not exceed $1,574,754,000: Provided further, That
    in fiscal year 2005, from the amounts made available for ``Salaries and
    Expenses'' for the United States Patent and Trademark Office (PTO), the
    amounts necessary to pay: (1) the difference between the percentage of
    basic pay contributed by the PTO and employees under section 8334(a) of
    title 5, United States Code, and the normal cost percentage (as defined
    by section 8331(17) of that title) of basic pay, of employees subject
    to subchapter III of chapter 83 of that title; and (2) the present
    value of the otherwise unfunded accruing costs, as determined by the
    Office of Personnel Management, of post-retirement life insurance and
    post-retirement health benefits coverage for all PTO employees, shall
    be transferred to the Civil Service Retirement and Disability Fund, the
    Employees Life Insurance Fund, and the Employees Health Benefits Fund,
    as appropriate, and shall be available for the authorized purposes of
    those accounts.

                             SCIENCE AND TECHNOLOGY

                           Technology Administration

                              Salaries and expenses

        For necessary expenses for the Under Secretary for Technology
    Office of Technology Policy, $6,547,000: Provided, That section 8(a) of
    the Technology Administration Act of 1998 (15 U.S.C. 1511e(a)) is
    amended by striking ``Technology Administration of'' after ``within
    the'': Provided further, That $200,000 is for the World Congress on
    Information Technology.

                 National Institute of Standards and Technology

                  Scientific and technical research and services

        For necessary expenses of the National Institute of Standards and
    Technology, $383,892,000, to remain available until expended, of which
    not to exceed $2,900,000 may be transferred to the ``Working Capital
    Fund''.

                          Industrial technology services

        For necessary expenses of the Manufacturing Extension Partnership
    of the National Institute of Standards and Technology, $109,000,000, to
    remain available until expended: Provided, That the Secretary of
    Commerce shall not recompete any existing Manufacturing Extension
    Partnership Center prior to 2007: Provided further, That hereafter the
    Manufacturing Extension Partnership Program authorized under 15 U.S.C.
    278k shall be renamed the Hollings Manufacturing Partnership Program
    and the centers established and receiving funding under 15 U.S.C. 278k
    paragraph (a) shall be named the Hollings Manufacturing Extension
    Centers.
        In addition, for necessary expenses of the Advanced Technology
    Program of the National Institute of Standards and Technology,
    $142,300,000, to remain available until expended.

                       Construction of Research Facilities

        For construction of new research facilities, including
    architectural and engineering design, and for renovation and
    maintenance of existing facilities, not otherwise provided for the
    National Institute of Standards and Technology, as authorized by 15
    U.S.C. 278c-278e, $73,500,000, to remain available until expended.

                National Oceanic and Atmospheric Administration

                       OPERATIONS, RESEARCH, AND FACILITIES

                          (INCLUDING TRANSFER OF FUNDS)

        For necessary expenses of activities authorized by law for the
    National Oceanic and Atmospheric Administration, including maintenance,
    operation, and hire of aircraft and vessels; grants, contracts, or
    other payments to nonprofit organizations for the purposes of
    conducting activities pursuant to cooperative agreements; and
    relocation of facilities, $2,804,065,000, to remain available until
    September 30, 2006, except for funds provided for cooperative
    enforcement which shall remain available until September 30, 2007:
    Provided, That fees and donations received by the National Ocean
    Service for the management of national marine sanctuaries may be
    retained and used for the salaries and expenses associated with those
    activities, notwithstanding 31 U.S.C. 3302: Provided further, That in
    addition, $3,000,000 shall be derived by transfer from the fund
    entitled ``Coastal Zone Management'' and in addition $65,000,000 shall
    be derived by transfer from the fund entitled ``Promote and Develop
    Fishery Products and Research Pertaining to American Fisheries'':
    Provided further, That of the $2,872,065,000 provided for in direct
    obligations under this heading $2,804,065,000 is appropriated from the
    General Fund: Provided further, That no general administrative charge
    shall be applied against an assigned activity included in this Act or
    the report accompanying this Act except for additional costs above the
    fiscal year 2004 level of $2,600,000 for automating and modernizing the
    NOAA grant processing systems up to a total of $5,000,000: Provided
    further, That the total amount available for the National Oceanic and
    Atmospheric Administration corporate services administrative support
    costs shall not exceed $171,530,000: Provided further, That payments of
    funds made available under this heading to the Department of Commerce
    Working Capital Fund including Department of Commerce General Counsel
    legal services shall not exceed $39,500,000: Provided further, That any
    deviation from the amounts designated for specific activities in the
    report accompanying this Act shall be subject to the procedures set
    forth in section 605 of this Act: Provided further, That grants to
    States pursuant to sections 306 and 306A of the Coastal Zone Management
    Act of 1972, as amended, shall not exceed $2,000,000, unless funds
    provided for ``Coastal Zone Management Grants'' exceed funds provided
    in the previous fiscal year: Provided further, That if funds provided
    for ``Coastal Zone Management Grants'' exceed funds provided in the
    previous fiscal year, then no State shall receive more than 5 percent
    or less than 1 percent of the additional funds: Provided further, That
    none of the funds under this heading are available to alter the
    existing structure, organization, function, and funding of the National
    Marine Fisheries Service Southwest Region and Fisheries Science Center
    and Northwest Region and Fisheries Science Center: Provided further,
    That notwithstanding any other provision of law, $600,000 shall be
    available only for the National Oceanic and Atmospheric Administration
    Office of Space Commercialization: Provided further, That the personnel
    management demonstration project established at the National Oceanic
    and Atmospheric Administration pursuant to 5 U.S.C. 4703 may be
    expanded by 3,500 full-time positions to include up to 6,925 full-time
    positions and may be extended indefinitely: Provided further, That the
    Administrator of the National Oceanic and Atmospheric Administration
    may engage in formal and informal education activities, including
    primary and secondary education, related to the agency's mission goals.
        In addition, for necessary retired pay expenses under the Retired
    Serviceman's Family Protection and Survivor Benefits Plan, and for
    payments for the medical care of retired personnel and their dependents
    under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
    may be necessary.

                    PROCUREMENT, ACQUISITION AND CONSTRUCTION

        For procurement, acquisition and construction of capital assets,
    including alteration and modification costs, of the National Oceanic
    and Atmospheric Administration, $1,053,436,000 to remain available
    until September 30, 2007, except funds provided for construction of
    facilities which shall remain available until September 30, 2009, and
    funds provided for the Honolulu Laboratory and the Marine Environmental
    Health Research Laboratory which shall remain available until expended:
    Provided, That of the amounts provided for the National Polar-orbiting
    Operational Environmental Satellite System, funds shall only be made
    available on a dollar for dollar matching basis with funds provided for
    the same purpose by the Department of Defense: Provided further, That
    except to the extent expressly prohibited by any other law, the
    Department of Defense may delegate procurement functions related to the
    National Polar-orbiting Operational Environmental Satellite System to
    officials of the Department of Commerce pursuant to section 2311 of
    title 10, United States Code: Provided further, That any deviation from
    the amounts designated for specific activities in the report
    accompanying this Act shall be subject to the procedures set forth in
    section 605 of this Act: Provided further, That none of the funds
    provided in this Act or any other Act under the heading ``National
    Oceanic and Atmospheric Administration, Procurement, Acquisition and
    Construction'' shall be used to fund the General Services
    Administration's standard construction and tenant build-out costs of a
    facility at the Suitland Federal Center: Provided further, That
    beginning in fiscal year 2006 and for each fiscal year thereafter, the
    Secretary of Commerce shall include in the budget justification
    materials that the Secretary submits to Congress in support of the
    Department of Commerce budget (as submitted with the budget of the
    President under section 1105(a) of title 31, 10 United States Code) an
    estimate for each National Oceanic and Atmospheric Administration
    procurement, acquisition and construction program having a total
    multiyear program cost of more than $5,000,000 and simultaneously the
    budget justification materials shall include an estimate of the
    budgetary requirements for each such program for each of the 5
    subsequent fiscal years.

                         Pacific coastal salmon recovery

        For necessary expenses associated with the restoration of Pacific
    salmon populations, $90,000,000: Provided, That section 628(2)(A) of
    the Departments of Commerce, Justice, and State, the Judiciary, and
    Related Agencies Appropriations Act, 2001 (16 U.S.C. 3645) is amended--
            (1) by striking ``2000, 2001, 2002, and 2003'' and inserting
        ``2005'', and
            (2) by inserting ``Idaho,'' after ``Oregon,''.

                           Coastal zone management fund

        Of amounts collected pursuant to section 308 of the Coastal Zone
    Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000
    shall be transferred to the ``Operations, Research, and Facilities''
    account to offset the costs of implementing such Act.

                           Fishermen's contingency fund

        For carrying out the provisions of title IV of Public Law 95-372,
    not to exceed $499,000, to be derived from receipts collected pursuant
    to that Act, to remain available until expended.

                        Fisheries finance program account

        For the costs of direct loans, $287,000, as authorized by the
    Merchant Marine Act of 1936: Provided, That such costs, including the
    cost of modifying such loans, shall be as defined in the Federal Credit
    Reform Act of 1990: Provided further, That these funds are only
    available to subsidize gross obligations for the principal amount of
    direct loans not to exceed $5,000,000 for Individual Fishing Quota
    loans, and not to exceed $59,000,000 for traditional direct loans, of
    which $40,000,000 may be used for direct loans to the United States
    distant water tuna fleet, and of which $19,000,000 may be used for
    direct loans to the United States menhaden fishery: Provided further,
    That none of the funds made available under this heading may be used
    for direct loans for any new fishing vessel that will increase the
    harvesting capacity in any United States fishery.

                                     OTHER

                            Departmental Management

                              Salaries and expenses

        For expenses necessary for the departmental management of the
    Department of Commerce provided for by law, including not to exceed
    $5,000 for official entertainment, $48,109,000: Provided, That not to
    exceed 12 full-time equivalents and $1,621,000 shall be expended for
    the legislative affairs function of the Department.

                    UNITED STATES TRAVEL AND TOURISM PROMOTION

        For necessary expenses of the United States Travel and Tourism
    Promotion Program, as authorized by section 210 of Public Law 108-7,
    for programs promoting travel to the United States including grants,
    contracts, cooperative agreements and related costs, $10,000,000, to
    remain available until September 30, 2006.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978 (5
    U.S.C. App.), $21,660,000.

                   General Provisions--Department of Commerce

        Sec. 201. During the current fiscal year, applicable appropriations
    and funds made available to the Department of Commerce by this Act
    shall be available for the activities specified in the Act of October
    26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
    by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for
    advanced payments not otherwise authorized only upon the certification
    of officials designated by the Secretary of Commerce that such payments
    are in the public interest.
        Sec. 202. During the current fiscal year, appropriations made
    available to the Department of Commerce by this Act for salaries and
    expenses shall be available for hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
    U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
    (5 U.S.C. 5901-5902).
        Sec. 203. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Commerce in
    this Act may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers: Provided, That any transfer pursuant to this section shall
    be treated as a reprogramming of funds under section 605 of this Act
    and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section: Provided
    further, That the Secretary of Commerce shall notify the Committees on
    Appropriations at least 15 days in advance of the acquisition or
    disposal of any capital asset (including land, structures, and
    equipment) not specifically provided for in this or any other
    Departments of Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act.
        Sec. 204. Any costs incurred by a department or agency funded under
    this title resulting from personnel actions taken in response to
    funding reductions included in this title or from actions taken for the
    care and protection of loan collateral or grant property shall be
    absorbed within the total budgetary resources available to such
    department or agency: Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act: Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 605 of this
    Act and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        Sec. 205. Hereafter, none of the funds made available by this or
    any other Act for the Department of Commerce shall be available to
    reimburse the Unemployment Trust Fund or any other fund or account of
    the Treasury to pay for any expenses authorized by section 8501 of
    title 5, United States Code, for services performed by individuals
    appointed to temporary positions within the Bureau of the Census for
    purposes relating to the decennial censuses of population.
        Sec. 206. Of the amount available from the fund entitled ``Promote
    and Develop Fishery Products and Research Pertaining to American
    Fisheries'', $10,000,000 shall be provided to the Alaska Fisheries
    Marketing Board, $1,000,000 shall be available for the ``Wild American
    Shrimp Initiative'', and $1,000,000 shall be available for the Gulf
    Oyster Industry Education Program: Provided, That: (1) the Alaska
    Fisheries Marketing Board (hereinafter ``the Board'') shall be a
    nonprofit organization and not an agency or establishment of the United
    States; (2) the Secretary may appoint, assign, or otherwise designate
    as Executive Director an employee of the Department of Commerce, who
    may serve in an official capacity in such position, with or without
    reimbursement, and such appointment or assignment shall be without
    interruption or loss of civil service status or privilege; and (3) the
    Board may adopt bylaws consistent with the purposes of this section,
    and may undertake other acts necessary to carry out the provisions of
    this section.
        Sec. 207. (a) Hereafter, the Secretary of Commerce is authorized to
    operate a marine laboratory in South Carolina in accordance with a
    memorandum of agreement, including any future amendments, among the
    National Oceanic and Atmospheric Administration, the National Institute
    of Standards and Technology, the State of South Carolina, the Medical
    University of South Carolina, and the College of Charleston as a
    partnership for collaborative, interdisciplinary marine scientific
    research.
        (b) To carry out subsection (a), the agencies that are partners in
    the Laboratory may accept, apply for, use, and spend Federal, State,
    private and grant funds as necessary to further the mission of the
    Laboratory without regard to the source or of the period of
    availability of these funds and may apply for and hold patents, as well
    as share personnel, facilities, and property. Any funds collected or
    accepted by any partner may be used to offset all or portions of its
    costs, including overhead, without regard to 31 U.S.C. 143302(b); to
    reimburse other participating agencies for all or portions of their
    costs; and to fund research and facilities expansion. Funds for
    management and operation of the Laboratory may be used to sustain basic
    laboratory operations for all participating entities. The Secretary of
    Commerce is authorized to charge fees and enter into contracts, grants,
    cooperative agreements and other arrangements with Federal, State,
    private entities, and other entities, domestic and foreign, to further
    the mission of the Laboratory. Any funds collected from such fees or
    arrangements shall be used to support cooperative research, basic
    operations, and facilities enhancement at the Laboratory.
        Sec. 208. Funds made available for salaries and administrative
    expenses to administer the Emergency Steel Loan Guarantee Program in
    section 211(b) of Public Law 108-199 shall remain available until
    expended.
        Sec. 209. A fishing capacity reduction program for the Southeast
    Alaska purse seine fishery is authorized to be financed through a
    capacity reduction loan of $50,000,000 pursuant to sections 1111 and
    1112 of title XI of the Merchant Marine Act of 1936 (46 U.S.C. App.
    1279f and 1279g) subject to the conditions of this section. In
    accordance with the Federal Credit Reform Act of 1990, 2 U.S.C. 661 et
    seq., $500,000 is made available from funds appropriated for ``Pacific
    Coastal Salmon Recovery'' in this Act for the cost of the loan
    authorized by this section. The loan shall have a term of 30 years,
    except that the amount to be repaid in any 1 year shall not exceed 2
    percent of the total value of salmon landed in the fishery and such
    repayment shall begin with salmon landed after January 1, 2006.
        Sec. 210. Section 653(a) of Public Law 106-58 is amended by
    inserting the following: ``(7) The Coordinator for International
    Intellectual Property Enforcement.'' after ``Under Secretary of
    Commerce for International Trade.''.
        Sec. 211. Notwithstanding any other provision of law, of the
    amounts made available elsewhere in this title to the ``National
    Institute of Standards and Technology, Construction of Research
    Facilities'', $20,000,000 is for a cooperative agreement with the
    Medical University of South Carolina; $10,000,000 is for the Cancer
    Research Center in Hawaii; $4,000,000 is for the Thayer School of
    Engineering, of which $1,000,000 is for a biomass energy research
    project, $2,000,000 is for a smart laser beam project, and $1,000,000
    is for research relating to biomaterials; $1,000,000 is for civic
    education programs at the New Hampshire Institute of Politics;
    $1,500,000 is for the Franklin Pierce Community Center; $2,000,000 is
    for the Southern New Hampshire University School of Community Economic
    Development; and $5,000,000 is for the Boston Museum of Science.
        Sec. 212. Section 3(f) of Public Law 104-91 is amended by striking
    ``and 2005'' and inserting ``2005, 2006, and 2007''.
        Sec. 213. Hereafter, notwithstanding any other Federal law related
    to the conservation and management of marine mammals, the State of
    Hawaii may enforce any State law or regulation with respect to the
    operation in State waters of recreational and commercial vessels, for
    the purpose of conservation and management of humpback whales, to the
    extent that such law or regulation is no less restrictive than Federal
    law.
        Sec. 214. Establishment of the Ernest F. Hollings Scholarship
    Program. (a) Establishment.--The Administrator of the National Oceanic
    and Atmospheric Administration shall establish and administer the
    Ernest F. Hollings Scholarship Program. Under the program, the
    Administrator shall award scholarships in oceanic and atmospheric
    science, research, technology, and education to be known as Ernest F.
    Hollings Scholarships.
        (b) Purposes.--The purposes of the Ernest F. Hollings Scholarships
    Program are--
            (1) to increase undergraduate training in oceanic and
        atmospheric science, research, technology, and education and foster
        multidisciplinary training opportunities;
            (2) to increase public understanding and support for
        stewardship of the ocean and atmosphere and improve environmental
        literacy;
            (3) to recruit and prepare students for public service careers
        with the National Oceanic and Atmospheric Administration and other
        natural resource and science agencies at the Federal, State and
        Local levels of government; and
            (4) to recruit and prepare students for careers as teachers and
        educators in oceanic and atmospheric science and to improve
        scientific and environmental education in the United States.
        (c) Award.--Each Ernest F. Hollings Scholarship--
            (1) shall be used to support undergraduate studies in oceanic
        and atmospheric science, research, technology, and education that
        support the purposes of the programs and missions of the National
        Oceanic and Atmospheric Administration;
            (2) shall recognize outstanding scholarship and ability;
            (3) shall promote participation by groups underrepresented in
        oceanic and atmospheric science and technology; and
            (4) shall be awarded competitively in accordance with
        guidelines issued by the Administrator and published in the Federal
        Register.
        (d) Eligibility.--In order to be eligible to participate in the
    program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time
        student at an institution of higher education (as defined in
        section 101(a) of the Higher Education Act of 1965) in an academic
        field or discipline described in subsection (c);
            (2) be a United States citizen;
            (3) not have received a scholarship under this section for more
        than 4 academic years, unless the Administrator grants a waiver;
        and
            (4) submit an application at such time, in such manner, and
        containing such information, agreements, or assurances as the
        Administrator may require.
        (e) Distribution of Funds.--The amount of each Ernest F. Hollings
    Scholarship shall be provided directly to a recipient selected by the
    Administrator upon receipt of certification that the recipient will
    adhere to a specific and detailed plan of study and research approved
    by an institution of higher education.
        (f) Funding.--Of the total amount appropriated for fiscal year 2005
    and annually hereafter to the National Oceanic and Atmospheric
    Administration, the Administrator shall make available for the Ernest
    F. Hollings Scholarship program one-tenth of 1 percent of such
    appropriations.
        (g) Scholarship Repayment Requirement.--The Administrator shall
    require an individual receiving a scholarship under this section to
    repay the full amount of the scholarship to the National Oceanic and
    Atmospheric Administration if the Administrator determines that the
    individual, in obtaining or using the scholarship, engaged in
    fraudulent conduct or failed to comply with any term or condition of
    the scholarship. Such repayments shall be deposited in the NOAA
    Operations, Research, and Facilities Appropriations Account and treated
    as an offsetting collection and only be available for financing
    additional scholarships.
        Sec. 215. Section 402(f) of Public Law 107-372 is amended--
            (1) in paragraph (1), by striking ``All right'' and inserting
        ``For the period ending April 3, 2008, all right''; and
            (2) in paragraph (3), by inserting ``for the period ending
        April 3, 2008'' after ``and annually thereafter''.
        Sec. 216. Of the amounts made available under this heading for the
    National Oceanic and Atmospheric Administration, the Secretary of
    Commerce shall pay by March 1, 2005, $5,000,000 to the National Marine
    Sanctuaries Foundation to capitalize a fund for ocean activities.
        Sec. 217. Any funding provided under this title used to implement
    the Department of Commerce's E-Government Initiatives shall be subject
    to the procedures set forth in section 605 of this Act.
        Sec. 218. A fishing capacity reduction program for the Federal Gulf
    of Mexico Reef Fish Fishery Management Plan principally intended for
    commercial long line vessels is authorized to be financed through a
    capacity reduction loan of $35,000,000 pursuant to sections 1111 and
    1112 of title XI of the Merchant Marine Act of 1936 (46 U.S.C. App.
    1279f and 1279g) subject to the conditions of this section. In
    accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et
    seq.), $350,000 is hereby appropriated for the subsidy cost of the loan
    authorized under this section and shall remain available until
    expended. The Secretary of Commerce, working in close coordination with
    active fishery participants, is hereby authorized to design and
    implement a comprehensive voluntary capacity reduction program using
    the loan authorized under this section. The Secretary shall set the
    loan term at 35 years and repayment shall begin within 1 year of final
    implementation of the program. In addition to the authority of the Gulf
    of Mexico Regional Fishery Management Council to develop and recommend
    conservation and management measures for the Gulf of Mexico reef fish
    fishery, the Secretary of Commerce is authorized to develop and
    implement a limited access program pursuant to the standards set forth
    in section 303(b)(6) of the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1853(b)(6)).
        Sec. 219. (a) Definitions.--In this section:
            (1) AFA trawl catcher processor subsector.--The term ``AFA
        trawl catcher processor subsector'' means the owners of each
        catcher/processor listed in paragraphs (1) through (20) of section
        208(e) of the American Fisheries Act (16 U.S.C. 1851 note).
            (2) BSAI.--The term ``BSAI'' has the meaning given the term
        ``Bering Sea and Aleutian Islands Management Area'' in section
        679.2 of title 50, Code of Federal Regulations (or successor
        regulation).
            (3) Catcher processor subsector.--The term ``catcher processor
        subsector'' means, as appropriate, one of the following:
                (A) The longline catcher processor subsector.
                (B) The AFA trawl catcher processor subsector.
                (C) The non-AFA trawl catcher processor subsector.
                (D) The pot catcher processor subsector.
            (4) Council.--The term ``Council'' means the North Pacific
        Fishery Management Council established in section 302(a)(1)(G) of
        the Magnuson-Stevens Fishery Conservation and Management Act (16
        U.S.C. 1852(a)(1)(G)).
            (5) LLP license.--The term ``LLP license'' means a Federal
        License Limitation program groundfish license issued pursuant to
        section 679.4(k) of title 50, Code of Federal Regulations (or
        successor regulation).
            (6) Longline catcher processor subsector.--The term ``longline
        catcher processor subsector'' means the holders of an LLP license
        that is noninterim and transferable, or that is interim and
        subsequently becomes noninterim and transferable, and that is
        endorsed for Bering Sea or Aleutian Islands catcher processor
        fishing activity, C/P, Pcod, and hook and line gear.
            (7) Non-afa trawl catcher processor subsector.--The term ``non-
        AFA trawl catcher processor subsector'' means the owner of each
        trawl catcher processor--
                (A) that is not an AFA trawl catcher processor;
                (B) to whom a valid LLP license that is endorsed for Bering
            Sea or Aleutian Islands trawl catcher processor fishing
            activity has been issued; and
                (C) that the Secretary determines has harvested with trawl
            gear and processed not less than a total of 150 metric tons of
            non-pollock groundfish during the period January 1, 1997
            through December 31, 2002.
            (8) Non-pollock groundfish fishery.--The term ``non-pollock
        groundfish fishery'' means target species of Atka mackerel,
        flathead sole, Pacific cod, Pacific Ocean perch, rock sole, turbot,
        or yellowfin sole harvested in the BSAI.
            (9) Pot catcher processor subsector.--The term ``pot catcher
        processor subsector'' means the holders of an LLP license that is
        noninterim and transferable, or that is interim and subsequently
        becomes noninterim and transferable, and that is endorsed for
        Bering Sea or Aleutian Islands catcher processor fishing activity,
        C/P, Pcod, and pot gear.
            (10) Secretary.--Except as otherwise provided in this Act, the
        term ``Secretary'' means the Secretary of Commerce.
        (b) Authority for BSAI Catcher Processor Capacity Reduction
    Program.--
            (1) In general.--A fishing capacity reduction program for the
        non-pollock groundfish fishery in the BSAI is authorized to be
        financed through a capacity reduction loan of not more than
        $75,000,000 under sections 1111 and 1112 of the Merchant Marine
        Act, 1936 (46 U.S.C. App. 1279f and 1279g).
            (2) Relationship to merchant marine act, 1936.--The fishing
        capacity reduction program authorized by paragraph (1) shall be a
        program for the purposes of subsection (e) of section 1111 of the
        Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), except,
        notwithstanding subsection (b)(4) of such section, the capacity
        reduction loan authorized by paragraph (1) may have a maturity not
        to exceed 30 years.
        (c) Availability of Capacity Reduction Funds to Catcher Processor
    Subsectors.--
            (1) In general.--The Secretary shall make available the amounts
        of the capacity reduction loan authorized by subsection (b)(1) to
        each catcher processor subsector as described in this subsection.
            (2) Initial availability of funds.--The Secretary shall make
        available the amounts of the capacity reduction loan authorized by
        subsection (b)(1) as follows:
                (A) Not more than $36,000,000 for the longline catcher
            processor subsector.
                (B) Not more than $6,000,000 for the AFA trawl catcher
            processor subsector.
                (C) Not more than $31,000,000 for the non-AFA trawl catcher
            processor subsector.
                (D) Not more than $2,000,000 for the pot catcher processor
            subsector.
            (3) Other availability of funds.--After January 1, 2009, the
        Secretary may make available for fishing capacity reduction to one
        or more of the catcher processor subsectors any amounts of the
        capacity reduction loan authorized by subsection (b)(1) that have
        not been expended by that date.
        (d) Binding Reduction Contracts.--
            (1) Requirement for contracts.--The Secretary may not provide
        funds to a person under the fishing capacity reduction program
        authorized by subsection (b) if such person does not enter into a
        binding reduction contract between the United States and such
        person, the performance of which may only be subject to the
        approval of an appropriate capacity reduction plan under subsection
        (e).
            (2) Requirement to revoke licenses.--The Secretary shall revoke
        all Federal fishery licenses, fishery permits, and area and species
        endorsements issued for a vessel, or any vessel named on an LLP
        license purchased through the fishing capacity reduction program
        authorized by subsection (b).
        (e) Development, Approval, and Notification of Capacity Reduction
    Plans.--
            (1) Development.--Each catcher processor subsector may, after
        notice to the Council, submit to the Secretary a capacity reduction
        plan for the appropriate subsector to promote sustainable fisheries
        management through the removal of excess harvesting capacity from
        the non-pollock groundfish fishery.
            (2) Approval by the secretary.--The Secretary is authorized to
        approve a capacity reduction plan submitted under paragraph (1) if
        such plan--
                (A) is consistent with the requirements of section 312(b)
            of the Magnuson-Stevens Fishery Conservation and Management Act
            (16 U.S.C. 1861a(b)) except--
                    (i) the requirement that a Council or Governor of a
                State request such a program set out in paragraph (1) of
                such subsection; and
                    (ii) the requirements of paragraph (4) of such
                subsection;
                (B) contains provisions for a fee system that provides for
            full and timely repayment of the capacity reduction loan by a
            catcher processor subsector and that may provide for the
            assessment of such fees based on methods other than ex-vessel
            value of fish harvested;
                (C) does not require a bidding or auction process;
                (D) will result in the maximum sustained reduction in
            fishing capacity at the least cost and in the minimum amount of
            time; and
                (E) permits vessels in the catcher processor subsector to
            be upgraded to achieve efficiencies in fishing operations
            provided that such upgrades do not result in the vessel
            exceeding the applicable length, tonnage, or horsepower
            limitations set out in Federal law or regulation.
            (3) Approval by referendum.--
                (A) In general.--Following approval by the Secretary under
            paragraph (2), the Secretary shall conduct a referendum for
            approval of a capacity reduction plan for the appropriate
            catcher processor subsector. The capacity reduction plan and
            fee system shall be approved if the referendum votes which are
            cast in favor of the proposed system by the appropriate catcher
            processor subsector are--
                    (i) 100 percent of the members of the AFA trawl catcher
                processor subsector; or
                    (ii) not less than \2/3\ of the members of--

                        (I) the longline catcher processor subsector;
                        (II) the non-AFA trawl catcher processor subsector;
                    or
                        (III) the pot catcher processor subsector.

                (B) Notification prior to referendum.--Prior to conducting
            a referendum under subparagraph (A) for a capacity reduction
            plan, the Secretary shall--
                    (i) identify, to the extent practicable, and notify the
                catcher processor subsector that will be affected by such
                plan; and
                    (ii) make available to such subsector information about
                any industry fee system contained in such plan, a
                description of the schedule, procedures, and eligibility
                requirements for the referendum, the proposed program, the
                estimated capacity reduction, the amount and duration, and
                any other terms and conditions of the fee system proposed
                in such plan.
            (4) Implementation.--
                (A) Notice of implementation.--Not later than 90 days after
            a capacity reduction plan is approved by a referendum under
            paragraph (3), the Secretary shall publish a notice in the
            Federal Register that includes the exact terms and conditions
            under which the Secretary shall implement the fishing capacity
            reduction program authorized by subsection (b).
                (B) Inapplicability of implementation provision of
            magnuson.--Section 312(e) of the Magnuson-Stevens Fishery
            Conservation and Management Act (16 U.S.C. 1861a(e)) shall not
            apply to a capacity reduction plan approved under this
            subsection.
            (5) Authority to collect fees.--The Secretary is authorized to
        collect fees to fund a fishing capacity reduction program and to
        repay debt obligations incurred pursuant to a plan approved under
        paragraph (3)(A).
        (f) Action by Other Entities.--Upon the request of the Secretary,
    the Secretary of the Department in which the National Vessel
    Documentation Center operates or the Secretary of the Department in
    which the Maritime Administration operates, as appropriate, shall, with
    respect to any vessel or any vessel named on an LLP license purchased
    through the fishing capacity reduction program authorized by subsection
    (b)--
            (1)(A) permanently revoke any fishery endorsement issued to the
        vessel under section 12108 of title 46, United States Code;
            (B) refuse to grant the approval required under section 9(c)(2)
        of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2)) for the
        placement of the vessel under foreign registry or the operation of
        the vessel under the authority of a foreign country; and
            (C) require that the vessel operate under United States flag
        and remain under Federal documentation; or
            (2) require that the vessel be scrapped as a reduction vessel
        under section 600.1011(c) of title 50, Code of Federal Regulations.
        (g) Non-Pollock Groundfish Fishery.--
            (1) Participation in the fishery.--Only a member of a catcher
        processor subsector may participate in--
                (A) the catcher processor sector of the BSAI non-pollock
            groundfish fishery; or
                (B) the fishing capacity reduction program authorized by
            subsection (b).
            (2) Plans for the fishery.--It is the sense of Congress that--
                (A) the Council should continue on its path toward
            rationalization of the BSAI non-pollock groundfish fisheries,
            complete its ongoing work with respect to developing management
            plans for the BSAI non-pollock groundfish fisheries in a timely
            manner, and take actions that promote stability of these
            fisheries consistent with the goals of this section and the
            purposes and policies of the Magnuson-Stevens Fishery
            Conservation and Management Act; and
                (B) such plans should not penalize members of any catcher
            processor subsector for achieving capacity reduction under this
            Act or any other provision of law.
        (h) Reports.--
            (1) Requirement.--The Secretary shall submit to the Committee
        on Commerce, Science, and Transportation of the Senate and the
        Committee on Resources of the House of Representatives 5 reports on
        the fishing capacity reduction program authorized by subsection
        (b).
            (2) Content.--Each report shall contain the following:
                (A) A description of the fishing capacity reduction program
            carried out under the authority in subsection (b).
                (B) An evaluation of the cost and cost-effectiveness of
            such program.
                (C) An evaluation of the effectiveness of such program in
            achieving the objective set out in section 312(b) of the
            Magnuson-Stevens Fishery Conservation and Management Act (16
            U.S.C. 1861a(b)).
            (3) Schedule.--
                (A) Initial report.--The Secretary shall submit the first
            report under paragraph (1) not later than 90 days after the
            date that the first referendum referred to in subsection (e)(3)
            is held.
                (B) Subsequent reports.--During each of the 4 years after
            the year in which the report is submitted under subparagraph
            (A), the Secretary shall submit to Congress an annual report as
            described in this subsection.
        (i) Conforming Amendment.--Section 214 of the Department of
    Commerce and Related Agencies Appropriations Act, 2004 (title II of
    division B of Public Law 108-199; 118 Stat. 75) is amended by striking
    ``that--'' and all that follows, and inserting ``under the capacity
    reduction program authorized in section 219 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2005.''.
        Sec. 220. None of the funds appropriated in this Act or any other
    Act may be used to disqualify any community which was a participant in
    the Bering Sea Community Development Quota program on January 1, 2004,
    from continuing to receive quota allocations under that program.
        Sec. 221. In addition to amounts made available under section 214
    of the Department of Commerce and Related Agencies Appropriations Act,
    2004 (title II of division B of Public Law 108-199; 118 Stat. 75), of
    the funding provided in this Act under the heading ``National Oceanic
    and Atmospheric Administration, operations, research, and facilities'',
    $250,000, to remain available until expended, for the Federal Credit
    Reform Act cost of a reduction loan under sections 1111 and 1112 of the
    Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g), not to
    exceed an additional $25,000,000 in principal, for the capacity
    reduction program authorized in section 219.
        This title may be cited as the ``Department of Commerce and Related
    Agencies Appropriations Act, 2005''.

                            TITLE III--THE JUDICIARY

                       Supreme Court of the United States

                              Salaries and Expenses

        For expenses necessary for the operation of the Supreme Court, as
    required by law, excluding care of the building and grounds, including
    purchase or hire, driving, maintenance, and operation of an automobile
    for the Chief Justice, not to exceed $10,000 for the purpose of
    transporting Associate Justices, and hire of passenger motor vehicles
    as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
    official reception and representation expenses; and for miscellaneous
    expenses, to be expended as the Chief Justice may approve, $58,122,000.

                         Care of the Building and Grounds

        For such expenditures as may be necessary to enable the Architect
    of the Capitol to carry out the duties imposed upon the Architect by
    the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $9,979,000, which
    shall remain available until expended.

             United States Court of Appeals for the Federal Circuit

                              Salaries and Expenses

        For salaries of the chief judge, judges, and other officers and
    employees, and for necessary expenses of the court, as authorized by
    law, $21,780,000.

                   United States Court of International Trade

                              Salaries and Expenses

        For salaries of the chief judge and eight judges, salaries of the
    officers and employees of the court, services, and necessary expenses
    of the court, as authorized by law, $14,888,000.

        Courts of Appeals, District Courts, and Other Judicial Services

                              Salaries and Expenses

        For the salaries of circuit and district judges (including judges
    of the territorial courts of the United States), justices and judges
    retired from office or from regular active service, judges of the
    United States Court of Federal Claims, bankruptcy judges, magistrate
    judges, and all other officers and employees of the Federal Judiciary
    not otherwise specifically provided for, and necessary expenses of the
    courts, as authorized by law, $4,177,244,000 (including the purchase of
    firearms and ammunition); of which not to exceed $27,817,000 shall
    remain available until expended for space alteration projects and for
    furniture and furnishings related to new space alteration and
    construction projects; of which not to exceed $2,800,000 shall be
    available for a national probation and pretrial services training
    program; of which $1,300,000 of the funds provided for the Judiciary
    Information Technology Fund will be for the Edwin L. Nelson Local
    Initiatives Program, within which $1,000,000 will be reserved for local
    court grants.
        In addition, for expenses of the United States Court of Federal
    Claims associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986, not to exceed $3,298,000, to be
    appropriated from the Vaccine Injury Compensation Trust Fund.

                                Defender Services

        For the operation of Federal Defender organizations; the
    compensation and reimbursement of expenses of attorneys appointed to
    represent persons under the Criminal Justice Act of 1964; the
    compensation and reimbursement of expenses of persons furnishing
    investigative, expert and other services under the Criminal Justice Act
    of 1964 (18 U.S.C. 3006A(e)); the compensation (in accordance with
    Criminal Justice Act maximums) and reimbursement of expenses of
    attorneys appointed to assist the court in criminal cases where the
    defendant has waived representation by counsel; the compensation and
    reimbursement of travel expenses of guardians ad litem acting on behalf
    of financially eligible minor or incompetent offenders in connection
    with transfers from the United States to foreign countries with which
    the United States has a treaty for the execution of penal sentences;
    the compensation of attorneys appointed to represent jurors in civil
    actions for the protection of their employment, as authorized by 28
    U.S.C. 1875(d); and for necessary training and general administrative
    expenses, $676,385,000, to remain available until expended.

                         Fees of Jurors and Commissioners

        For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
    1876; compensation of jury commissioners as authorized by 28 U.S.C.
    1863; and compensation of commissioners appointed in condemnation cases
    pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
    U.S.C. Appendix Rule 71A(h)), $61,535,000, to remain available until
    expended: Provided, That the compensation of land commissioners shall
    not exceed the daily equivalent of the highest rate payable under
    section 5332 of title 5, United States Code.

                                  Court Security

        For necessary expenses, not otherwise provided for, incident to
    providing protective guard services for United States courthouses and
    other facilities housing Federal court operations, and the procurement,
    installation, and maintenance of security equipment for United States
    courthouses and other facilities housing Federal court operations,
    including building ingress-egress control, inspection of mail and
    packages, directed security patrols, perimeter security, basic security
    services provided by the Department of Homeland Security, and other
    similar activities as authorized by section 1010 of the Judicial
    Improvement and Access to Justice Act (Public Law 100-702),
    $332,000,000, of which not to exceed $10,000,000 shall remain available
    until expended, to be expended directly or transferred to the United
    States Marshals Service, which shall be responsible for administering
    the Judicial Facility Security Program consistent with standards or
    guidelines agreed to by the Director of the Administrative Office of
    the United States Courts and the Attorney General.

               Administrative Office of the United States Courts

                              Salaries and Expenses

        For necessary expenses of the Administrative Office of the United
    States Courts as authorized by law, including travel as authorized by
    31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
    U.S.C. 1343(b), advertising and rent in the District of Columbia and
    elsewhere, $68,200,000, of which not to exceed $8,500 is authorized for
    official reception and representation expenses.

                            Federal Judicial Center

                              Salaries and Expenses

        For necessary expenses of the Federal Judicial Center, as
    authorized by Public Law 90-219, $21,737,000; of which $1,800,000 shall
    remain available through September 30, 2006, to provide education and
    training to Federal court personnel; and of which not to exceed $1,500
    is authorized for official reception and representation expenses.

                           Judicial Retirement Funds

                         Payment to Judiciary Trust Funds

        For payment to the Judicial Officers' Retirement Fund, as
    authorized by 28 U.S.C. 377(o), $32,000,000; to the Judicial Survivors'
    Annuities Fund, as authorized by 28 U.S.C. 376(c), $2,000,000; and to
    the United States Court of Federal Claims Judges' Retirement Fund, as
    authorized by 28 U.S.C. 178(l), $2,700,000.

                      United States Sentencing Commission

                              Salaries and Expenses

        For the salaries and expenses necessary to carry out the provisions
    of chapter 58 of title 28, United States Code, $13,304,000, of which
    not to exceed $1,000 is authorized for official reception and
    representation expenses.

                       General Provisions--The Judiciary

        Sec. 301. Appropriations and authorizations made in this title
    which are available for salaries and expenses shall be available for
    services as authorized by 5 U.S.C. 3109.
        Sec. 302. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Judiciary in this Act may
    be transferred between such appropriations, but no such appropriation,
    except ``Courts of Appeals, District Courts, and Other Judicial
    Services, Defender Services'' and ``Courts of Appeals, District Courts,
    and Other Judicial Services, Fees of Jurors and Commissioners'', shall
    be increased by more than 10 percent by any such transfers: Provided,
    That any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 605 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section.
        Sec. 303. Notwithstanding any other provision of law, the salaries
    and expenses appropriation for Courts of Appeals, District Courts, and
    Other Judicial Services shall be available for official reception and
    representation expenses of the Judicial Conference of the United
    States: Provided, That such available funds shall not exceed $11,000
    and shall be administered by the Director of the Administrative Office
    of the United States Courts in the capacity as Secretary of the
    Judicial Conference.
        Sec. 304. (a) Section 3006A(d)(2) of title 18, United States Code,
    is amended--
            (1) by striking ``5,200'' and inserting ``7,000'';
            (2) by striking ``1,500'' and inserting ``2,000'';
            (3) by striking ``3,700'' and inserting ``5,000'';
            (4) by striking ``1,200'' each place it appears and inserting
        ``1,500''; and
            (5) by striking ``3,900'' and inserting ``5,000''.
        (b) Section 3006A(e) of title 18, United States Code, is amended--
            (1) in paragraph (2)--
                (A) in subparagraph (A), by striking ``300'' and inserting
            ``500''; and
                (B) in subparagraph (B), by striking ``300'' and inserting
            ``500''; and
            (2) in paragraph (3) in the first sentence by striking
        ``1,000'' and inserting ``1,600''.
        Sec. 305. Within 90 days of enactment of this Act, the
    Administrative Office of the U.S. Courts shall submit to the Committees
    on Appropriations a comprehensive financial plan for the Judiciary
    allocating all sources of available funds including appropriations, fee
    collections, and carryover balances, to include a separate and detailed
    plan for the Judiciary Information Technology fund.
        Sec. 306. Pursuant to section 140 of Public Law 97-92, and from
    funds appropriated in this Act, Justices and judges of the United
    States are authorized during fiscal year 2005, to receive a salary
    adjustment in accordance with 28 U.S.C. 461.
        Sec. 307. (a) Section 1914(a) of title 28, United States Code, is
    amended by striking ``$150'' and inserting ``$250''.
        (b) Section 1931(a) of title 28, United States Code, is amended--
            (1) in subsection (a) by striking ``$90'' and inserting
        ``$190''; and
            (2) in subsection (b)--
                (A) by striking ``$150'' and inserting ``$250''; and
                (B) by striking ``$90'' and inserting ``$190''.
        (c) This section shall take effect 60 days after the date of the
    enactment of this Act.
        Sec. 308. For fiscal year 2005 and hereafter, such fees as shall be
    collected for the processing of violations through the Central
    Violations Bureau cases as prescribed by the Judicial Conference of the
    United States shall be deposited to the ``Courts of Appeals, District
    Courts, and Other Judicial Services, Salaries and Expenses''
    appropriation to be used for salaries and other expenses.
        This title may be cited as the ``Judiciary Appropriations Act,
    2005''.

                TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                              DEPARTMENT OF STATE

                       Administration of Foreign Affairs

                         Diplomatic and Consular Programs

        For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, including employment, without
    regard to civil service and classification laws, of persons on a
    temporary basis (not to exceed $700,000 of this appropriation), as
    authorized by section 801 of the United States Information and
    Educational Exchange Act of 1948; representation to certain
    international organizations in which the United States participates
    pursuant to treaties ratified pursuant to the advice and consent of the
    Senate or specific Acts of Congress; arms control, nonproliferation and
    disarmament activities as authorized; acquisition by exchange or
    purchase of passenger motor vehicles as authorized by law; and for
    expenses of general administration, $3,570,000,000: Provided, That not
    to exceed 71 permanent positions shall be for the Bureau of Legislative
    Affairs: Provided further, That none of the funds made available under
    this heading may be used to transfer any full-time equivalent employees
    into or out of the Bureau of Legislative Affairs: Provided further,
    That, of the amount made available under this heading, not to exceed
    $4,000,000 may be transferred to, and merged with, funds in the
    ``Emergencies in the Diplomatic and Consular Service'' appropriations
    account, to be available only for emergency evacuations and terrorism
    rewards: Provided further, That, of the amount made available under
    this heading, $319,994,000 shall be available only for public diplomacy
    international information programs: Provided further, That of the
    amount made available under this heading, $3,000,000 shall be available
    only for the operations of the Office on Right-Sizing the United States
    Government Overseas Presence: Provided further, That funds available
    under this heading may be available for a United States Government
    interagency task force to examine, coordinate and oversee United States
    participation in the United Nations headquarters renovation project:
    Provided further, That no funds may be obligated or expended for
    processing licenses for the export of satellites of United States
    origin (including commercial satellites and satellite components) to
    the People's Republic of China unless, at least 15 days in advance, the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified of such proposed action: Provided further, That of
    the amount made available under this heading, $185,128,000 is for Near
    Eastern Affairs, $80,234,000 is for South Asian Affairs, and
    $251,706,000 is for African Affairs: Provided further, That, of the
    amount made available under this heading, $2,000,000 shall be available
    for a grant to conduct an international conference on the human rights
    situation in North Korea: Provided further, That of the amount made
    available under this heading, $200,000 is for a grant to the Center for
    the Study of the Presidency and $1,900,000 is for a grant to Shared
    Hope International to combat international sex tourism: Provided
    further, That the Intellectual Property Division shall be elevated to
    office-level status and shall be renamed the Office of International
    Intellectual Property Enforcement within 60 days of enactment of this
    Act.
        In addition, not to exceed $1,426,000 shall be derived from fees
    collected from other executive agencies for lease or use of facilities
    located at the International Center in accordance with section 4 of the
    International Center Act; in addition, as authorized by section 5 of
    such Act, $490,000, to be derived from the reserve authorized by that
    section, to be used for the purposes set out in that section; in
    addition, as authorized by section 810 of the United States Information
    and Educational Exchange Act, not to exceed $6,000,000, to remain
    available until expended, may be credited to this appropriation from
    fees or other payments received from English teaching, library, motion
    pictures, and publication programs and from fees from educational
    advising and counseling and exchange visitor programs; and, in
    addition, not to exceed $15,000, which shall be derived from
    reimbursements, surcharges, and fees for use of Blair House facilities.
        In addition, for the costs of worldwide security upgrades,
    $658,702,000, to remain available until expended: Provided, That of the
    amounts made available under this paragraph, $5,000,000 is for the
    Center for Antiterrorism and Security Training.
        Beginning in fiscal year 2005 and thereafter, the Secretary of
    State is authorized to charge surcharges related to consular services
    in support of enhanced border security that are in addition to the
    passport and immigrant visa fees in effect on January 1, 2004:
    Provided, That funds collected pursuant to this authority shall be
    credited to this account, and shall be available until expended for the
    purposes of such account: Provided further, That such surcharges shall
    be $12 on passport fees, and $45 on immigrant visa fees.

                             Capital Investment Fund

        For necessary expenses of the Capital Investment Fund, $52,149,000,
    to remain available until expended, as authorized: Provided, That
    section 135(e) of Public Law 103-236 shall not apply to funds available
    under this heading.

             CENTRALIZED INFORMATION TECHNOLOGY MODERNIZATION PROGRAM

        For expenses relating to the modernization of the information
    technology systems and networks of the Department of State,
    $77,851,000, to remain available until expended.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General,
    $30,435,000, notwithstanding section 209(a)(1) of the Foreign Service
    Act of 1980 (Public Law 96-465), as it relates to post inspections.

                    Educational and Cultural Exchange Programs

        For expenses of educational and cultural exchange programs, as
    authorized, $360,750,000, to remain available until expended: Provided,
    That not to exceed $2,000,000, to remain available until expended, may
    be credited to this appropriation from fees or other payments received
    from or in connection with English teaching, educational advising and
    counseling programs, and exchange visitor programs as authorized.

                            Representation Allowances

        For representation allowances as authorized, $8,640,000.

                   Protection of Foreign Missions and Officials

        For expenses, not otherwise provided, to enable the Secretary of
    State to provide for extraordinary protective services, as authorized,
    $9,894,000, to remain available until September 30, 2006.

                 Embassy Security, Construction, and Maintenance

        For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
    repairing, and planning for buildings that are owned or directly leased
    by the Department of State, renovating, in addition to funds otherwise
    available, the Harry S Truman Building, and carrying out the Diplomatic
    Security Construction Program as authorized, $611,680,000, to remain
    available until expended as authorized, of which not to exceed $25,000
    may be used for domestic and overseas representation as authorized:
    Provided, That none of the funds appropriated in this paragraph shall
    be available for acquisition of furniture, furnishings, or generators
    for other departments and agencies: Provided further, That the United
    States Embassy Annex building in Rome, Italy, previously known as the
    ``INA Building'', shall hereafter be known and designated as the ``Mel
    Sembler Building''.
        In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $912,320,000, to remain
    available until expended: Provided, That funds appropriated to this
    account in Public Law 108-287 may also be used for non-interim
    facilities for the United States Mission in Iraq, including associated
    planning, site preparation and pre-construction activities.

                Emergencies in the Diplomatic and Consular Service

        For expenses necessary to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    $1,000,000, to remain available until expended as authorized, of which
    such sums as necessary may be transferred to and merged with the
    Repatriation Loans Program Account, subject to the same terms and
    conditions: Provided, That funds previously appropriated under this
    heading for rewards for an indictee of the Special Court for Sierra
    Leone shall be transferred to the Special Court for Sierra Leone within
    15 days of enactment of this Act: Provided further, That any transfer
    of funds provided under this heading shall be treated as a
    reprogramming of funds under section 605 of this Act.

                        Repatriation Loans Program Account

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

                   Payment to the American Institute in Taiwan

        For necessary expenses to carry out the Taiwan Relations Act
    (Public Law 96-8), $19,482,000.

          Payment to the Foreign Service Retirement and Disability Fund

        For payment to the Foreign Service Retirement and Disability Fund,
    as authorized by law, $132,600,000.

                          International Organizations

                   Contributions to International Organizations

        For expenses, not otherwise provided for, necessary to meet annual
    obligations of membership in international multilateral organizations,
    pursuant to treaties ratified pursuant to the advice and consent of the
    Senate, conventions or specific Acts of Congress, $1,182,000,000, of
    which up to $6,000,000, to remain available until expended, may be used
    for the cost of a direct loan to the United Nations for the cost of
    renovating its headquarters in New York: Provided, That such costs,
    including the cost of modifying such loan, shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That these funds are available to subsidize total loan principal of up
    to $1,200,000,000: Provided further, That the Secretary of State shall,
    at the time of the submission of the President's budget to Congress
    under section 1105(a) of title 31, United States Code, transmit to the
    Committees on Appropriations of the Senate and of the House of
    Representatives the most recent biennial budget prepared by the United
    Nations for the operations of the United Nations: Provided further,
    That the Secretary of State shall notify the Committees on
    Appropriations at least 15 days in advance (or in an emergency, as far
    in advance as is practicable) of any United Nations action to increase
    funding for any United Nations program without identifying an
    offsetting decrease elsewhere in the United Nations budget and cause
    the United Nations to exceed the adopted budget for the biennium 2004-
    2005 of $3,160,860,000: Provided further, That any payment of
    arrearages under this title shall be directed toward special activities
    that are mutually agreed upon by the United States and the respective
    international organization: Provided further, That none of the funds
    appropriated in this paragraph shall be available for a United States
    contribution to an international organization for the United States
    share of interest costs made known to the United States Government by
    such organization for loans incurred on or after October 1, 1984,
    through external borrowings, except that such restriction shall not
    apply to loans to the United Nations for renovation of its
    headquarters.

             Contributions for International Peacekeeping Activities

        For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $490,000,000:
    Provided,  That none of the funds made available under this Act shall
    be obligated or expended for any new or expanded United Nations
    peacekeeping mission unless, at least 15 days in advance of voting for
    the new or expanded mission in the United Nations Security Council (or
    in an emergency as far in advance as is practicable): (1) the
    Committees on Appropriations of the House of Representatives and the
    Senate and other appropriate committees of the Congress are notified of
    the estimated cost and length of the mission, the vital national
    interest that will be served, and the planned exit strategy; and (2) a
    reprogramming of funds pursuant to section 605 of this Act is
    submitted, and the procedures therein followed, setting forth the
    source of funds that will be used to pay for the cost of the new or
    expanded mission: Provided further, That funds shall be available for
    peacekeeping expenses only upon a certification by the Secretary of
    State to the appropriate committees of the Congress that American
    manufacturers and suppliers are being given opportunities to provide
    equipment, services, and material for United Nations peacekeeping
    activities equal to those being given to foreign manufacturers and
    suppliers: Provided further, That none of the funds made available
    under this heading are available to pay the United States share of the
    cost of court monitoring that is part of any United Nations
    peacekeeping mission.

                           International Commissions

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

     international boundary and water commission, united states and mexico

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

                              salaries and expenses

        For salaries and expenses, not otherwise provided for, $27,244,000.

                                   Construction

        For detailed plan preparation and construction of authorized
    projects, $5,310,000, to remain available until expended, as
    authorized.

                   American Sections, International Commissions

        For necessary expenses, not otherwise provided, for the
    International Joint Commission and the International Boundary
    Commission, United States and Canada, as authorized by treaties between
    the United States and Canada or Great Britain, and for the Border
    Environment Cooperation Commission as authorized by Public Law 103-182,
    $9,594,000, of which not to exceed $9,000 shall be available for
    representation expenses incurred by the International Joint Commission.

                       International Fisheries Commissions

        For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $21,982,000: Provided,
    That the United States' share of such expenses may be advanced to the
    respective commissions pursuant to 31 U.S.C. 3324.

                                     Other

                          Payment to the Asia Foundation

        For a grant to the Asia Foundation, as authorized by the Asia
    Foundation Act (22 U.S.C. 4402), $13,000,000, to remain available until
    expended, as authorized.

                    Center for Middle Eastern-Western Dialogue

        For a grant to the Center for Middle Eastern-Western Dialogue Trust
    Fund, $6,750,000, for operation of the Center for Middle Eastern-
    Western Dialogue in Istanbul, Turkey, to remain available until
    expended.
        In addition, for the operations of the Steering Committee of the
    Center for Middle Eastern-Western Dialogue, $250,000, to remain
    available until expended.
        In addition, for necessary expenses of the Center for Middle
    Eastern-Western Dialogue Trust Fund, the total amount of the interest
    and earnings accruing to such Fund before October 1, 2005, to remain
    available until expended.

                      Eisenhower Exchange Fellowship Program

        For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2005, to remain available until
    expended: Provided, That none of the funds appropriated herein shall be
    used to pay any salary or other compensation, or to enter into any
    contract providing for the payment thereof, in excess of the rate
    authorized by 5 U.S.C. 5376; or for purposes which are not in
    accordance with OMB Circulars A-110 (Uniform Administrative
    Requirements) and A-122 (Cost Principles for Non-profit Organizations),
    including the restrictions on compensation for personal services.

                        israeli arab scholarship program

        For necessary expenses of the Israeli Arab Scholarship Program as
    authorized by section 214 of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
    accruing to the Israeli Arab Scholarship Fund on or before September
    30, 2005, to remain available until expended.

                                 East-West Center

        To enable the Secretary of State to provide for carrying out the
    provisions of the Center for Cultural and Technical Interchange Between
    East and West Act of 1960, by grant to the Center for Cultural and
    Technical Interchange Between East and West in the State of Hawaii,
    $19,500,000: Provided, That none of the funds appropriated herein shall
    be used to pay any salary, or enter into any contract providing for the
    payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                         National Endowment for Democracy

        For grants made by the Department of State to the National
    Endowment for Democracy as authorized by the National Endowment for
    Democracy Act, $60,000,000 to remain available until expended.

                                 RELATED AGENCY

                        Broadcasting Board of Governors

                      International Broadcasting Operations

        For expenses necessary to enable the Broadcasting Board of
    Governors, as authorized, to carry out international communication
    activities, including the purchase, installation, rent, and improvement
    of facilities for radio and television transmission and reception to
    Cuba, and to make and supervise grants for radio and television
    broadcasting to the Middle East, $591,000,000, of which $27,629,000 is
    for Broadcasting to Cuba: Provided, That of the total amount in this
    heading, not to exceed $16,000 may be used for official receptions
    within the United States as authorized, not to exceed $35,000 may be
    used for representation abroad as authorized, and not to exceed $39,000
    may be used for official reception and representation expenses of Radio
    Free Europe/Radio Liberty; and in addition, notwithstanding any other
    provision of law, not to exceed $2,000,000 in receipts from advertising
    and revenue from business ventures, not to exceed $500,000 in receipts
    from cooperating international organizations, and not to exceed
    $1,000,000 in receipts from privatization efforts of the Voice of
    America and the International Broadcasting Bureau, to remain available
    until expended for carrying out authorized purposes.

                        Broadcasting Capital Improvements

        For the purchase, rent, construction, and improvement of facilities
    for radio transmission and reception, and purchase and installation of
    necessary equipment for radio and television transmission and reception
    as authorized, $8,560,000, to remain available until expended, as
    authorized.

           General Provisions--Department of State and Related Agency

        Sec. 401. Funds appropriated under this title shall be available,
    except as otherwise provided, for allowances and differentials as
    authorized by subchapter 59 of title 5, United States Code; for
    services as authorized by 5 U.S.C. 3109; and for hire of passenger
    transportation pursuant to 31 U.S.C. 1343(b).
        Sec. 402. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of State in
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the Broadcasting Board of Governors in this Act
    may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided
    further, That any transfer pursuant to this section shall be treated as
    a reprogramming of funds under section 605 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section.
        Sec. 403. None of the funds made available in this Act may be used
    by the Department of State or the Broadcasting Board of Governors to
    provide equipment, technical support, consulting services, or any other
    form of assistance to the Palestinian Broadcasting Corporation.
        Sec. 404. (a) The Senior Policy Operating Group on Trafficking in
    Persons, established under section 406 of division B of Public Law 108-
    7 to coordinate agency activities regarding policies (including grants
    and grant policies) involving the international trafficking in persons,
    shall coordinate all such policies related to the activities of
    traffickers and victims of severe forms of trafficking.
        (b) None of the funds provided in this or any other Act shall be
    expended to perform functions that duplicate coordinating
    responsibilities of the Operating Group.
        (c) The Operating Group shall continue to report only to the
    authorities that appointed them pursuant to section 406 of division B
    of Public Law 108-7.
        Sec. 405. (a) Subsection (b) of section 36 of the State Department
    Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended--
            (1) in paragraph (5) by striking ``or'' at the end;
            (2) in paragraph (6) by striking the period and inserting ``;
        or''; and
            (3) by adding at the end the following new paragraph:
            ``(7) the disruption of financial mechanisms of a foreign
        terrorist organization, including the use by the organization of
        illicit narcotics production or international narcotics
        trafficking--
                ``(A) to finance acts of international terrorism; or
                ``(B) to sustain or support any terrorist organization.''.
        (b) Subsection (e)(1) of such section is amended--
            (1) by striking ``$5,000,000'' and inserting ``$25,000,000'';
            (2) by striking the second period at the end; and
            (3) by adding at the end the following new sentence: ``Without
        first making such determination, the Secretary may authorize a
        reward of up to twice the amount specified in this paragraph for
        the capture or information leading to the capture of a leader of a
        foreign terrorist organization.''.
        (c) Subsection (e) of such section is amended by adding at the end
    the following new paragraph:
            ``(6) Forms of reward payment.--The Secretary may make a reward
        under this section in the form of money, a nonmonetary item
        (including such items as automotive vehicles), or a combination
        thereof.''.
        (d) Such section is amended--
            (1) by redesignating subsections (i) and (j) as subsections (j)
        and (k), respectively; and
            (2) by inserting after subsection (h) the following new
        subsection:
        ``(i) Media Surveys and Advertisements.--
            ``(1) Surveys conducted.--For the purpose of more effectively
        disseminating information about the rewards program, the Secretary
        may use the resources of the rewards program to conduct media
        surveys, including analyses of media markets, means of
        communication, and levels of literacy, in countries determined by
        the Secretary to be associated with acts of international
        terrorism.
            ``(2) Creation and purchase of advertisements.--The Secretary
        may use the resources of the rewards program to create
        advertisements to disseminate information about the rewards
        program. The Secretary may base the content of such advertisements
        on the findings of the surveys conducted under paragraph (1). The
        Secretary may purchase radio or television time, newspaper space,
        or make use of any other means of advertisement, as appropriate.''.
        (e) Not later than 90 days after the date of the enactment of this
    Act, the Secretary of State shall submit to the Committees on
    Appropriations of the House of Representatives and of the Senate, the
    Committee on International Relations of the House of Representatives
    and the Committee on Foreign Relations of the Senate a plan to maximize
    awareness of the reward available under section 36 of the State
    Department Basic Authorities Act of 1956 (22 U.S.C. 2708 et seq.) for
    the capture or information leading to the capture of a leader of a
    foreign terrorist organization who may be in Pakistan or Afghanistan.
    The Secretary may use the resources of the rewards program to prepare
    the plan.
        Sec. 406. For the purposes of registration of birth, certification
    of nationality, or issuance of a passport of a United States citizen
    born in the city of Jerusalem, the Secretary of State shall, upon
    request of the citizen, record the place of birth as Israel.
        Sec. 407. The Secretary of State shall provide to a member of the
    Committee on Appropriations of the Senate or the Committee on
    Appropriations of the House of Representatives a copy of each cable
    sent to or by a Department of State employee that pertains to any topic
    specified by the requesting member, regardless of the level of
    classification of the cable, not later than 15 days after the date on
    which the member makes a written or verbal request for such copies.
        Sec. 408. There is established within the Department of State the
    Office of the Coordinator for Reconstruction and Stabilization:
    Provided, That the head of the Office shall be the Coordinator for
    Reconstruction and Stabilization, who shall report directly to the
    Secretary of State: Provided further, That the functions of the Office
    of the Coordinator for Reconstruction and Stabilization shall include--
            (1) cataloguing and monitoring the non-military resources and
        capabilities of Executive agencies (as that term is defined in
        section 105 of title 5, United States Code), State and local
        governments, and entities in the private and non-profit sectors
        that are available to address crises in countries or regions that
        are in, or are in transition from, conflict or civil strife;
            (2) monitoring political and economic instability worldwide to
        anticipate the need for mobilizing United States and international
        assistance for countries or regions described in paragraph (1);
            (3) assessing crises in countries or regions described in
        paragraph (1) and determining the appropriate non-military United
        States, including but not limited to demobilization, policing,
        human rights monitoring, and public information efforts;
            (4) planning for response efforts under paragraph (3);
            (5) coordinating with relevant Executive agencies the
        development of interagency contingency plans for such response
        efforts; and
            (6) coordinating the training of civilian personnel to perform
        stabilization and reconstruction activities in response to crises
        in such countries or regions described in paragraph (1).
        Sec. 409. (a) The Secretary of State shall require each chief of
    mission to review, not less than once every 5 years, every staff
    element under chief of mission authority, including staff from other
    departments or agencies of the United States, and recommend approval or
    disapproval of each staff element. Each such review shall be conducted
    pursuant to a process established by the President for determining
    appropriate staffing at diplomatic missions and overseas constituent
    posts (commonly referred to as the ``NSDD-38 process'').
        (b) The Secretary of State, as part of the process established by
    the President referred to in subsection (a), shall take actions to
    carry out the recommendations made in each such review.
        (c) Not later than 1 year after the date of enactment of this Act,
    and annually thereafter, the Secretary of State shall submit a report
    on such reviews that occurred during the previous 12 months, together
    with the Secretary's recommendations regarding such reviews to the
    appropriate committees of Congress, the heads of all affected
    departments or agencies, and the Inspector General of the Department of
    State.
        Sec. 410. Funds appropriated by this Act for the Broadcasting Board
    of Governors and the Department of State may be obligated and expended
    notwithstanding section 15 of the State Department Basic Authorities
    Act of 1956, section 313 of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1)
    of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
        Sec. 411. During fiscal year 2005, section 404(b)(2)(B) of the
    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
    Law 103-236; 22 U.S.C. 287e note), shall be administered as though the
    matter following clause (iii) reads as follows:
                    ``(v) For assessments made during calendar year 2005,
                27.1 percent.''.
        Sec. 412. (a) Section 402(a) of the Foreign Service Act of 1980 (22
    U.S.C. 3962(a)) is amended--
            (1) in paragraph (1), by striking the second and third
        sentences and inserting the following new sentences: ``The
        President shall also prescribe ranges of basic salary rates for
        each class. Except as provided in paragraph (3), basic salary rates
        for the Senior Foreign Service may not exceed the maximum rate or
        be less than the minimum rate of basic pay payable for the Senior
        Executive Service under section 5382 of title 5, United States
        Code.''; and
            (2) by striking paragraph (2) and inserting the following new
        paragraphs:
        ``(2) The Secretary shall determine which basic salary rate within
    the ranges prescribed by the President under paragraph (1) shall be
    paid to each member of the Senior Foreign Service based on individual
    performance, contribution to the mission of the Department, or both, as
    determined under a rigorous performance management system. Except as
    provided in regulations prescribed by the Secretary and, to the extent
    possible, consistent with regulations governing the Senior Executive
    Service, the Secretary may adjust the basic salary rate of a member of
    the Senior Foreign Service not more than once during any 12-month
    period.
        ``(3) Upon a determination by the Secretary that the Senior Foreign
    Service performance appraisal system, as designed and applied, makes
    meaningful distinctions based on relative performance--
            ``(A) the maximum rate of basic pay payable for the Senior
        Foreign Service shall be level II of the Executive Schedule; and
            ``(B) the applicable aggregate pay cap shall be equivalent to
        the aggregate pay cap set forth in section 5307(d)(1) of title 5,
        United States Code, for members of the Senior Executive Service.''.
        (b) Section 405(b)(4) of such Act (22 U.S.C. 3965(b)(4)) is amended
    by inserting before the period the following: ``, or the limitation
    under section 402(a)(3), whichever is higher''.
        (c) Section 401(a) of such Act (22 U.S.C. 3961(a)) is amended by
    striking ``shall not exceed the annual rate of pay payable for level I
    of such Executive Schedule'' and inserting ``shall be subject to the
    limitation on certain payments under section 5307 of title 5, United
    States Code, or the limitation under section 402(a)(3), whichever is
    higher''.
        Sec. 413. (a) Section 2 of the State Department Basic Authorities
    Act of 1956 (22 U.S.C. 2669) is amended by adding at the end the
    following:
        ``(o) make administrative corrections or adjustments to an
    employee's pay, allowances, or differentials, resulting from mistakes
    or retroactive personnel actions, as well as provide back pay and other
    categories of payments under section 5596 of title 5, United States
    Code, as part of the settlement or compromise of administrative claims
    or grievances filed against the Department.''.
        (b) Such section is further amended--
            (1) in subsection (k), by striking ``and'';
            (2) by transferring subsection (m) within such section to
        appear after subsection (l);
            (3) in subsections (l) and (m), by striking the period at the
        end of each subsection and inserting a semicolon; and
            (4) in subsection (n), by striking the period at the end and
        inserting a semicolon and ``and''.
        This title may be cited as the ``Department of State and Related
    Agency Appropriations Act, 2005''.

                           TITLE V--RELATED AGENCIES

                       Antitrust Modernization Commission

                             salaries and expenses

        For necessary expenses of the Antitrust Modernization Commission,
    as authorized by Public Law 107-273, $1,187,000, to remain available
    until expended.

          Commission for the Preservation of America's Heritage Abroad

                             salaries and expenses

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

                           Commission on Civil Rights

                              Salaries and Expenses

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

                 Commission on International Religious Freedom

                              salaries and expenses

        For necessary expenses for the United States Commission on
    International Religious Freedom, as authorized by title II of the
    International Religious Freedom Act of 1998 (Public Law 105-292),
    $3,000,000, to remain available until expended: Provided, That in
    fiscal year 2005, the Commission may procure temporary services for the
    purpose of conducting a study on conditions of the right to freedom of
    religion or belief in North Korea, notwithstanding section 208(c)(1) of
    Public Law 105-292 (22 U.S.C. 6435a(c)(1)).

                Commission on Security and Cooperation in Europe

                             salaries and expenses

        For necessary expenses of the Commission on Security and
    Cooperation in Europe, as authorized by Public Law 94-304, $1,831,000,
    to remain available until expended as authorized by section 3 of Public
    Law 99-7.

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

                             salaries and expenses

        For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized, $1,900,000, including
    not more than $3,000 for the purpose of official representation, to
    remain available until expended: Provided, That $100,000 shall be for
    the Political Prisoner Database.

                    Equal Employment Opportunity Commission

                              Salaries and Expenses

        For necessary expenses of the Equal Employment Opportunity
    Commission as authorized by title VII of the Civil Rights Act of 1964
    (29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of
    1990, and the Civil Rights Act of 1991, including services as
    authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343(b); non-monetary awards to private
    citizens; and not to exceed $33,000,000 for payments to State and local
    enforcement agencies for services to the Commission pursuant to title
    VII of the Civil Rights Act of 1964, sections 6 and 14 of the Age
    Discrimination in Employment Act, the Americans with Disabilities Act
    of 1990, and the Civil Rights Act of 1991, $331,228,000: Provided, That
    the Commission is authorized to make available for official reception
    and representation expenses not to exceed $2,500 from available funds:
    Provided further, That the Commission may take no action to implement
    any workforce repositioning, restructuring, or reorganization until
    such time as the Committees on Appropriations have been notified of
    such proposals, in accordance with the reprogramming provisions of
    section 605 of this Act: Provided further, That the Commission shall
    not have fewer field position in fiscal year 2005 than in fiscal year
    2004.

                       Federal Communications Commission

                              Salaries and Expenses

        For necessary expenses of the Federal Communications Commission, as
    authorized by law, including uniforms and allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and
    structure; not to exceed $500,000 for improvement and care of grounds
    and repair to buildings; not to exceed $4,000 for official reception
    and representation expenses; purchase and hire of motor vehicles;
    special counsel fees; and services as authorized by 5 U.S.C. 3109,
    $281,098,000: Provided, That $280,098,000 of offsetting collections
    shall be assessed and collected pursuant to section 9 of title I of the
    Communications Act of 1934, shall be retained and used for necessary
    expenses in this appropriation, and shall remain available until
    expended: Provided further, That the sum herein appropriated shall be
    reduced as such offsetting collections are received during fiscal year
    2005 so as to result in a final fiscal year 2005 appropriation
    estimated at $1,000,000: Provided further, That any offsetting
    collections received in excess of $280,098,000 in fiscal year 2005
    shall remain available until expended, but shall not be available for
    obligation until October 1, 2005: Provided further, That
    notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
    competitive bidding system that may be retained and made available for
    obligation shall not exceed $85,000,000 for fiscal year 2005.

                            Federal Trade Commission

                              Salaries and Expenses

        For necessary expenses of the Federal Trade Commission, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    services as authorized by 5 U.S.C. 3109; hire of passenger motor
    vehicles; and not to exceed $2,000 for official reception and
    representation expenses, $205,430,000, to remain available until
    expended: Provided, That not to exceed $300,000 shall be available for
    use to contract with a person or persons for collection services in
    accordance with the terms of 31 U.S.C. 3718: Provided further, That,
    notwithstanding any other provision of law, not to exceed $101,000,000
    of offsetting collections derived from fees collected for premerger
    notification filings under the Hart-Scott-Rodino Antitrust Improvements
    Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
    shall be retained and used for necessary expenses in this
    appropriation: Provided further, That $21,901,000 in offsetting
    collections derived from fees sufficient to implement and enforce the
    Telemarketing Sales Rule, promulgated under the Telephone Consumer
    Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
    credited to this account, and be retained and used for necessary
    expenses in this appropriation: Provided further, That the sum herein
    appropriated from the general fund shall be reduced as such offsetting
    collections are received during fiscal year 2005, so as to result in a
    final fiscal year 2005 appropriation from the general fund estimated at
    not more than $82,529,000: Provided further, That none of the funds
    made available to the Federal Trade Commission may be used to enforce
    subsection (e) of section 43 of the Federal Deposit Insurance Act (12
    U.S.C. 1831t) or section 151(b)(2) of the Federal Deposit Insurance
    Corporation Improvement Act of 1991 (12 U.S.C. 1831t note).

                                HELP Commission

                              salaries and expenses

        For necessary expenses of the HELP Commission, $1,000,000, to
    remain available until expended.

                           Legal Services Corporation

                    Payment to the Legal Services Corporation

        For payment to the Legal Services Corporation to carry out the
    purposes of the Legal Services Corporation Act of 1974, $335,282,000,
    of which $316,604,000 is for basic field programs and required
    independent audits; $2,573,000 is for the Office of Inspector General,
    of which such amounts as may be necessary may be used to conduct
    additional audits of recipients; $13,000,000 is for management and
    administration; $1,272,000 is for client self-help and information
    technology; and $1,833,000 is for grants to offset losses due to census
    adjustments: Provided, That not to exceed $1,000,000 from amounts
    previously appropriated under this heading may be used for a student
    loan repayment pilot program.

               Administrative Provision--Legal Services Corporation

        None of the funds appropriated in this Act to the Legal Services
    Corporation shall be expended for any purpose prohibited or limited by,
    or contrary to any of the provisions of, sections 501, 502, 503, 504,
    505, and 506 of Public Law 105-119, and all funds appropriated in this
    Act to the Legal Services Corporation shall be subject to the same
    terms and conditions set forth in such sections, except that all
    references in sections 502 and 503 to 1997 and 1998 shall be deemed to
    refer instead to 2004 and 2005, respectively, and except that section
    501(a)(1) of Public Law 104-134 (110 Stat. 1321-51 et seq.) shall not
    apply to the use of the $1,833,000 to address loss of funding due to
    Census-based reallocations.

                            Marine Mammal Commission

                              Salaries and Expenses

        For necessary expenses of the Marine Mammal Commission as
    authorized by title II of Public Law 92-522, $1,890,000.

               National Veterans Business Development Corporation

        For necessary expenses of the National Veterans Business
    Development Corporation as authorized under section 33(a) of the Small
    Business Act, $2,000,000, to remain available until expended.

                       Securities and Exchange Commission

                              Salaries and Expenses

        For necessary expenses for the Securities and Exchange Commission,
    including services as authorized by 5 U.S.C. 3109, the rental of space
    (to include multiple year leases) in the District of Columbia and
    elsewhere, and not to exceed $3,000 for official reception and
    representation expenses, $913,000,000, to remain available until
    expended; of which not to exceed $10,000 may be used toward funding a
    permanent secretariat for the International Organization of Securities
    Commissions; and of which not to exceed $100,000 shall be available for
    expenses for consultations and meetings hosted by the Commission with
    foreign governmental and other regulatory officials, members of their
    delegations, appropriate representatives and staff to exchange views
    concerning developments relating to securities matters, development and
    implementation of cooperation agreements concerning securities matters
    and provision of technical assistance for the development of foreign
    securities markets, such expenses to include necessary logistic and
    administrative expenses and the expenses of Commission staff and
    foreign invitees in attendance at such consultations and meetings
    including: (1) such incidental expenses as meals taken in the course of
    such attendance; (2) any travel and transportation to or from such
    meetings; and (3) any other related lodging or subsistence: Provided,
    That fees and charges authorized by sections 6(b) of the Securities
    Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the
    Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee),
    shall be credited to this account as offsetting collections: Provided
    further, That not to exceed $856,000,000 of such offsetting collections
    shall be available until expended for necessary expenses of this
    account: Provided further, That $57,000,000 shall be derived from prior
    year unobligated balances from funds previously appropriated to the
    Securities and Exchange Commission: Provided further, That the total
    amount appropriated under this heading from the general fund for fiscal
    year 2005 shall be reduced as such offsetting fees are received so as
    to result in a final total fiscal year 2005 appropriation from the
    general fund estimated at not more than $0.
        Not later than May 1, 2005, the Securities and Exchange Commission
    shall submit a report to the Committee on Appropriations of the Senate
    that provides a justification for final rules issued by the Commission
    on June 30, 2004 (amending title 17, Code of Federal Regulations, Parts
    239, 240, and 274), requiring that the chair of the board of directors
    of a mutual fund be an independent director: Provided, That such report
    shall analyze whether mutual funds chaired by disinterested directors
    perform better, have lower expenses, or have better compliance records
    than mutual funds chaired by interested directors: Provided further,
    That the Securities and Exchange Commission shall act upon the
    recommendations of such report not later than January 1, 2006.

                         Small Business Administration

                              Salaries and Expenses

        For necessary expenses, not otherwise provided for, of the Small
    Business Administration as authorized by Public Law 106-554, including
    hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
    1344, and not to exceed $3,500 for official reception and
    representation expenses, $322,335,000: Provided, That the Administrator
    is authorized to charge fees to cover the cost of publications
    developed by the Small Business Administration, and certain loan
    servicing activities: Provided further, That, notwithstanding 31 U.S.C.
    3302, revenues received from all such activities shall be credited to
    this account, to be available for carrying out these purposes without
    further appropriations: Provided further, That $89,000,000 shall be
    available to fund grants for performance in fiscal year 2005 or fiscal
    year 2006 as authorized: Provided further, That the Small Business
    Administration is authorized to award grants under the Women's Business
    Center Sustainability Pilot Program established by section 4(a) of
    Public Law 106-165 (15 U.S.C. 656(l)): Provided further, That, of the
    amounts provided for Women's Business Centers, not less than 48 percent
    shall be available to continue Women's Business Centers in
    sustainability status.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $13,014,000.

                      Surety Bond Guarantees Revolving Fund

        For additional capital for the Surety Bond Guarantees Revolving
    Fund, authorized by the Small Business Investment Act, as amended,
    $2,900,000, to remain available until expended.

                          Business Loans Program Account

        For the cost of direct loans, $1,455,000, to remain available until
    expended: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That subject to section 502 of
    the Congressional Budget Act of 1974, during fiscal year 2005
    commitments to guarantee loans under section 503 of the Small Business
    Investment Act of 1958, shall not exceed $5,000,000,000: Provided
    further, That subsection 503(f) of the Small Business Investment Act of
    1958 (15 U.S.C. 697(f)), as amended by section 2 of Public Law 108-217,
    is further amended by striking ``October 1, 2004'' and inserting
    ``October 1, 2005'': Provided further, That during fiscal year 2005
    commitments for general business loans authorized under section 7(a) of
    the Small Business Act, shall not exceed $16,000,000,000: Provided
    further, That during fiscal year 2005 commitments to guarantee loans
    for debentures and participating securities under section 303(b) of the
    Small Business Investment Act of 1958, shall not exceed the levels
    established by section 20(i)(1)(C) of the Small Business Act: Provided
    further, That during fiscal year 2005 guarantees of trust certificates
    authorized by section 5(g) of the Small Business Act shall not exceed a
    principal amount of $10,000,000,000.
        In addition, for administrative expenses to carry out the direct
    and guaranteed loan programs, $126,653,000, which may be transferred to
    and merged with the appropriations for Salaries and Expenses.

                          Disaster Loans Program Account

        For administrative expenses to carry out the direct loan program
    authorized by section 7(b), of the Small Business Act, $113,159,000,
    which may be transferred to and merged with appropriations for Salaries
    and Expenses, of which $500,000 is for the Office of Inspector General
    of the Small Business Administration for audits and reviews of disaster
    loans and the disaster loan program and shall be transferred to and
    merged with appropriations for the Office of Inspector General; of
    which $104,409,000 is for direct administrative expenses of loan making
    and servicing to carry out the direct loan program, to remain available
    until expended; and of which $8,250,000 is for indirect administrative
    expenses: Provided, That any amount in excess of $8,250,000 to be
    transferred to and merged with appropriations for Salaries and Expenses
    for indirect administrative expenses shall be treated as a
    reprogramming of funds under section 605 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section.

             Administrative Provision--Small Business Administration

        Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the Small Business Administration in this Act
    may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers: Provided, That any transfer pursuant to this paragraph shall
    be treated as a reprogramming of funds under section 605 of this Act
    and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.

                            State Justice Institute

                              salaries and expenses

        For necessary expenses of the State Justice Institute, as
    authorized by the State Justice Institute Authorization Act of 1992
    (Public Law 102-572), $2,613,000: Provided, That not to exceed $2,500
    shall be available for official reception and representation expenses.

          United States-China Economic and Security Review Commission

                              Salaries and Expenses

        For necessary expenses of the United States-China Economic and
    Security Review Commission, $3,000,000, including not more than $5,000
    for the purpose of official representation, to remain available until
    expended.

                        United States Institute of Peace

                                operating expenses

        For necessary expenses of the United States Institute of Peace as
    authorized in the United States Institute of Peace Act, $23,000,000:
    Provided, That $1,500,000 is for necessary expenses for the Task Force
    on the United Nations: Provided further, That the Task Force on the
    United Nations shall submit a report on its findings to the Committees
    on Appropriations of the House of Representatives and Senate not later
    than 180 days after the date of the enactment of this Act.

              United States Senate-China Interparliamentary Group

                              SALARIES AND EXPENSES

        For necessary expenses of the United States Senate-China
    Interparliamentary Group, as authorized under section 153 of the
    Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
    199; 118 Stat. 448), $100,000, to remain available until expended.

                          TITLE VI--GENERAL PROVISIONS

                             (including rescissions)

        Sec. 601. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes not authorized by the
    Congress.
        Sec. 602. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 603. The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or
    under existing Executive order issued pursuant to existing law.
        Sec. 604. If any provision of this Act or the application of such
    provision to any person or circumstances shall be held invalid, the
    remainder of the Act and the application of each provision to persons
    or circumstances other than those as to which it is held invalid shall
    not be affected thereby.
        Sec. 605. (a) None of the funds provided under this Act, or
    provided under previous appropriations Acts to the agencies funded by
    this Act that remain available for obligation or expenditure in fiscal
    year 2005, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditure
    through a reprogramming of funds that: (1) creates new programs; (2)
    eliminates a program, project, or activity; (3) increases funds or
    personnel by any means for any project or activity for which funds have
    been denied or restricted; (4) relocates an office or employees; (5)
    reorganizes or renames offices; (6) reorganizes programs or activities;
    or (7) contracts out or privatizes any functions or activities
    presently performed by Federal employees; unless the Appropriations
    Committees of both Houses of Congress are notified 15 days in advance
    of such reprogramming of funds.
        (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2005, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure for activities,
    programs, or projects through a reprogramming of funds in excess of
    $750,000 or 10 percent, whichever is less, that: (1) augments existing
    programs, projects, or activities; (2) reduces by 10 percent funding
    for any existing program, project, or activity, or numbers of personnel
    by 10 percent as approved by Congress; or (3) results from any general
    savings, including savings from a reduction in personnel, which would
    result in a change in existing programs, activities, or projects as
    approved by Congress; unless the Appropriations Committees of both
    Houses of Congress are notified 15 days in advance of such
    reprogramming of funds.
        Sec. 606. Hereafter, none of the funds made available in this Act
    may be used for the construction, repair (other than emergency repair),
    overhaul, conversion, or modernization of vessels for the National
    Oceanic and Atmospheric Administration in shipyards located outside of
    the United States.
        Sec. 607. None of the funds made available in this Act may be used
    to implement, administer, or enforce any guidelines of the Equal
    Employment Opportunity Commission covering harassment based on
    religion, when it is made known to the Federal entity or official to
    which such funds are made available that such guidelines do not differ
    in any respect from the proposed guidelines published by the Commission
    on October 1, 1993 (58 Fed. Reg. 51266).
        Sec. 608. If it has been finally determined by a court or Federal
    agency that any person intentionally affixed a label bearing a ``Made
    in America'' inscription, or any inscription with the same meaning, to
    any product sold in or shipped to the United States that is not made in
    the United States, the person shall be ineligible to receive any
    contract or subcontract made with funds made available in this Act,
    pursuant to the debarment, suspension, and ineligibility procedures
    described in sections 9.400 through 9.409 of title 48, Code of Federal
    Regulations.
        Sec. 609. None of the funds made available by this Act may be used
    for any United Nations undertaking when it is made known to the Federal
    official having authority to obligate or expend such funds that: (1)
    the United Nations undertaking is a peacekeeping mission; (2) such
    undertaking will involve United States Armed Forces under the command
    or operational control of a foreign national; and (3) the President's
    military advisors have not submitted to the President a recommendation
    that such involvement is in the national security interests of the
    United States and the President has not submitted to the Congress such
    a recommendation.
        Sec. 610. The Departments of Commerce, Justice, and State, the
    Judiciary, the Federal Communications Commission, the Securities and
    Exchange Commission and the Small Business Administration shall provide
    to the Committees on Appropriations of the Senate and of the House of
    Representatives a quarterly accounting of the cumulative balances of
    any unobligated funds that were received by such agency during any
    previous fiscal year.
        Sec. 611. (a) None of the funds appropriated or otherwise made
    available by this Act shall be expended for any purpose for which
    appropriations are prohibited by section 609 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1999.
        (b) The requirements in subparagraphs (A) and (B) of section 609 of
    that Act shall continue to apply during fiscal year 2005.
        Sec. 612. Any costs incurred by a department or agency funded under
    this Act resulting from personnel actions taken in response to funding
    reductions included in this Act shall be absorbed within the total
    budgetary resources available to such department or agency: Provided,
    That the authority to transfer funds between appropriations accounts as
    may be necessary to carry out this section is provided in addition to
    authorities included elsewhere in this Act: Provided further, That use
    of funds to carry out this section shall be treated as a reprogramming
    of funds under section 605 of this Act and shall not be available for
    obligation or expenditure except in compliance with the procedures set
    forth in that section.
        Sec. 613. None of the funds provided by this Act shall be available
    to promote the sale or export of tobacco or tobacco products, or to
    seek the reduction or removal by any foreign country of restrictions on
    the marketing of tobacco or tobacco products, except for restrictions
    which are not applied equally to all tobacco or tobacco products of the
    same type.
        Sec. 614. (a) None of the funds appropriated or otherwise made
    available by this Act shall be expended for any purpose for which
    appropriations are prohibited by section 616 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1999.
        (b) The requirements in subsections (b) and (c) of section 616 of
    that Act shall continue to apply during fiscal year 2005.
        Sec. 615. None of the funds appropriated pursuant to this Act or
    any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with the
        implementation of subsection 922(t) of title 18, United States
        Code; and
            (2) any system to implement subsection 922(t) of title 18,
        United States Code, that does not require and result in the
        destruction of any identifying information submitted by or on
        behalf of any person who has been determined not to be prohibited
        from possessing or receiving a firearm no more than 24 hours after
        the system advises a Federal firearms licensee that possession or
        receipt of a firearm by the prospective transferee would not
        violate subsection (g) or (n) of section 922 of title 18, United
        States Code, or State law.
        Sec. 616. Notwithstanding any other provision of law, amounts
    deposited or available in the Fund established under 42 U.S.C. 10601 in
    any fiscal year in excess of $625,000,000 shall not be available for
    obligation until the following fiscal year.
        Sec. 617. None of the funds made available to the Department of
    Justice in this Act may be used to discriminate against or denigrate
    the religious or moral beliefs of students who participate in programs
    for which financial assistance is provided from those funds, or of the
    parents or legal guardians of such students.
        Sec. 618. None of the funds appropriated or otherwise made
    available to the Department of State shall be available for the purpose
    of granting either immigrant or nonimmigrant visas, or both, consistent
    with the determination of the Secretary of State under section 243(d)
    of the Immigration and Nationality Act, to citizens, subjects,
    nationals, or residents of countries that the Secretary of Homeland
    Security has determined deny or unreasonably delay accepting the return
    of citizens, subjects, nationals, or residents under that section.
        Sec. 619. (a) For additional amounts under the heading ``Small
    Business Administration, Salaries and Expenses'', $500,000 shall be
    available for the Adelante Development Center, Inc.; $150,000 shall be
    available for the Advanced Polymer Processing Institute; $150,000 shall
    be available for the Alaska Procurement Technical Assistance Center;
    $250,000 shall be available for Business and Professional Women of
    Alaska; $75,000 shall be available for the Center for Applied Research
    and Economic Development at the University of Southern Indiana;
    $300,000 shall be available for the Center for Emerging Technologies;
    $225,000 shall be available for the Center for Entrepreneurship and
    Technology at the Nevada Commission for Economic Development; $100,000
    shall be available for the Central Connecticut State University
    Institute of Technology and Business Development; $600,000 shall be
    available for the Des Moines Higher Education Pappajohn Center;
    $150,000 shall be available for the East Central Indiana Business
    Incubator at Ball State University; $100,000 shall be available for the
    Entrepreneurial Venture Assistance Demonstration Project at the Iowa
    Department of Economic Development; $75,000 shall be available for the
    Idaho Virtual Incubator at Lewis-Clark State College for an E-Commerce
    Certification program; $600,000 shall be available for the Industrial
    Outreach Service at Mississippi State University; $2,000,000 shall be
    available for the Innovation and Commercialization Center at the
    University of Southern Mississippi; $100,000 shall be available for the
    Kennebec Valley Council of Governments' Business Development Program;
    $100,000 shall be available for the Knoxville College Small Business
    Incubator Program; $250,000 shall be available for the Louisiana State
    University Law School's Latin American Commercial Law Program; $250,000
    shall be available for the Minority Business Development Center at
    Alcorn State University; $600,000 shall be available for the
    Mississippi Technology Alliance; $200,000 shall be available for the
    Montana Department of Commerce for a State government information
    sharing initiative; $125,000 shall be available for the Myrtle Beach
    International Trade and Convention Center; $250,000 shall be available
    for the Nanotechnology Research Program at the Oregon Health and
    Science University; $550,000 shall be available for the New Product
    Development and Commercialization Center for Rural Manufacturers;
    $125,000 shall be available for the New Hampshire Women's Business
    Center; $500,000 shall be available for Operation Safe Commerce;
    $200,000 shall be available for the Southern University Foundation's
    Martin Luther King Initiative; $75,000 shall be available for
    Technology 2020; $1,000,000 shall be available for the Technology
    Venture Center/InvestNet Partnership for Alaska and Montana; $500,000
    shall be available for the Textile Marking System; $300,000 shall be
    available for the Towson University International Business Incubator;
    $1,000,000 shall be available for the Tuck School of Business/MBDA
    Partnership; $325,000 shall be available for the University of Colorado
    Nanotechnology and Characterization Facility; $8,000,000 shall be
    available for the University of South Carolina Thomas Cooper Library;
    $100,000 shall be available for the Virginia Electronic Commerce
    Technology Center at Christopher Newport University; $125,000 shall be
    available for the Women's Business Development Center in Stamford,
    Connecticut; and $100,000 shall be available for the World Trade Center
    of Greater Philadelphia; $50,000 shall be available for a grant to the
    Center for Excellence in Education; $100,000 shall be available for a
    grant to The Cedar Creek Battlefield Foundation; $100,000 shall be
    available for a grant to Belle Grove Plantation; $150,000 shall be
    available for a grant to the City of Manassas Park for economic
    development; $100,000 shall be available for a grant to the Shenandoah
    Valley Travel Association; $1,200,000 shall be available for a grant to
    Shenandoah University to develop a facility for a business program;
    $115,000 shall be available for a grant to Economic Alliance Houston
    Port Region; $20,000 shall be available for a grant to the Town of
    South Boston, Virginia, for small business development; $100,000 shall
    be available for a grant to Patrick Henry Community College for a
    workforce training program; $100,000 shall be available for a grant for
    Danville Community College for a workforce training program; $1,000,000
    shall be available for a grant to the University of Illinois for the
    Information Trust Institute initiative; $500,000 shall be available for
    a grant to Wittenberg University for a technology initiative; $500,000
    shall be available for a grant to the Dayton Development Coalition;
    $250,000 shall be available for a grant for REI Rural Business
    Resources Center in Seminole, Oklahoma; $50,000 shall be available for
    a grant to Experience Works to expand opportunities for older workers;
    $50,000 shall be available for a grant to Project Listo for workforce
    development and procurement opportunities; $100,000 shall be available
    for a grant to North Iowa Area Community College for a small business
    incubator; $450,000 shall be available for a grant to California State
    University, in San Bernardino, California, for development of the
    Center for the Commercialization of Advanced Technology; $50,000 shall
    be available for a grant to Rowan University for a workforce training
    program; $200,000 shall be available for a grant to the Freeport
    Downtown Development Foundation for a small business economic
    development initiative; $1,500,000 shall be available for a grant to
    the Rockford Area Convention and Visitors Bureau for a manufacturing
    program; $200,000 shall be available for a grant to Jefferson County
    Development Council; $200,000 shall be available for a grant to
    Clearfield County Economic Development Corporation; $500,000 shall be
    available for a grant to the Columbus College of Art and Design for
    facilities development to build partnerships with businesses; $115,000
    shall be available for a grant to Ohio Business Connection; $1,000,000
    shall be available for a grant to the Southern and Eastern Kentucky
    Tourism Development Association; $500,000 shall be available for a
    grant to the Bridgeport Regional Business Council for an economic
    integration initiative; $100,000 shall be available for a grant to
    Cedarbridge Development Corporation for a redevelopment initiative;
    $900,000 shall be available for a grant to Western Carolina University
    for a computer engineering program; $100,000 shall be available for a
    grant to Asheville-Buncombe Technical Community College for an economic
    development initiative; $100,000 shall be available for a grant to
    Jubilee Homes for the Southwest Economic Business Resource Center;
    $400,000 shall be available for a grant for the Connect the Valley
    initiative; $400,000 shall be available for a grant to the University
    of Tennessee Corridor Initiative; $500,000 shall be available for a
    grant to the Illinois Institute for Technology to examine and assess
    advancements in biotechnologies; $250,000 shall be available for a
    grant to the City of Largo, Florida, for business information; $250,000
    shall be available for a grant to Pro Co Technology, Inc., in the
    Bronx, New York, for a computer training center; $50,000 shall be
    available for a grant for the Promesa Foundation in the Bronx, New
    York, to provide community growth funding; $200,000 shall be available
    for a grant to Bronx Shepherds for community programs; $150,000 shall
    be available for a grant to HOGAR, Inc., in the Bronx, New York;
    $200,000 shall be available for a grant to Promesa Enterprises to
    provide services and support to community based organizations in the
    Bronx, New York; $200,000 for the Arthur Avenue Retail Market in the
    Bronx, New York, for facility, improvement, and maintenance needs to
    meet the Market's business requirements; $200,000 shall be available
    for a grant to Pregones Theater in the Bronx, New York, for business
    infrastructure; $200,000 shall be available for a grant to Presbyterian
    Senior Services for their Grandparent Family Apartments project and
    programs in the Bronx, New York; $100,000 shall be available for a
    grant to Thorpe Family Residence, Inc., to continue its services and
    programs in the Bronx, New York; $100,000 shall be available for a
    grant to the Puerto Rican Traveling Theater in the Bronx, New York, for
    outreach and programs; $100,000 shall be available for Casita Maria's
    Career and College Placement Preparation to be implemented in
    coordination with business partners in New York City; $1,100,000 shall
    be available for a grant to the MountainMade Foundation to fulfill its
    charter purposes and to continue the initiative developed by the NTTC
    for outreach and promotion, business and sites development, the
    education of artists and craftspeople, and to promote small businesses,
    artisans and their products through market development, advertisement,
    commercial sale and other promotional means; $1,000,000 shall be
    available for a grant for Northwest Shoals Community College to
    complete the Center for Business and Industry; $1,000,000 shall be
    available for the Rhode Island School of Design in Providence, Rhode
    Island, for the continued modernization of the Mason Building;
    $1,000,000 shall be available for a grant to the Norwegian American
    Foundation to fulfill its charter purposes; $750,000 shall be available
    for a grant to St. Mary's College for a telecommunications initiative;
    $400,000 shall be available for a grant to the Economic Growth Council
    Procurement Assistance Program; $500,000 shall be available for a grant
    to Johnstown Area Regional Industries in Pennsylvania for an enhanced
    economic development initiative; $300,000 shall be available for a
    grant to the Good Old Lower East Side organization for a small business
    economic development initiative for the Lower East Side, New York;
    $200,000 shall be available for a grant for the Sunnyside Chamber of
    Commerce to conduct a redevelopment study for Sunnyside, Queens, New
    York, and to implement improvements.
        (b) Section 621 of division B of Public Law 108-199 is amended--
            (1) by striking ``$1,000,000 shall be available for the
        Providence, Rhode Island Center for Women and Enterprise for
        infrastructure development;'' and inserting ``$100,000 shall be
        available for the Providence, Rhode Island Center for Women and
        Enterprise for small business development programs and
        infrastructure development; $900,000 shall be available for the
        Rhode Island School of Design in Providence, Rhode Island, for the
        continued modernization of the Mason Building;'',
            (2) by inserting ``for the purpose of conducting the program
        and providing financial assistance'' after ``the Economic Growth
        Connection Paperless Procurement Program'', and
            (3) by inserting ``and to implement improvements'' after ``the
        Ridgewood Myrtle Avenue Business Improvement District to conduct a
        redevelopment study''.
        Sec. 620. All disaster loans issued in Alaska shall be administered
    by the Small Business Administration and shall not be sold during
    fiscal year 2005.
        Sec. 621. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
        Sec. 622. The Departments of Commerce, Justice, State, the
    Judiciary, the Securities and Exchange Commission and the Small
    Business Administration shall, not later than two months after the date
    of the enactment of this Act, certify that telecommuting opportunities
    are made available to 100 percent of the eligible workforce: Provided,
    That, of the total amounts appropriated to the Departments of Commerce,
    Justice, State, the Judiciary, the Securities and Exchange Commission
    and the Small Business Administration, $5,000,000 shall be available
    only upon such certification: Provided further, That each Department or
    agency shall provide quarterly reports to the Committees on
    Appropriations on the status of telecommuting programs, including the
    number of Federal employees eligible for, and participating in, such
    programs: Provided further, That each Department or agency shall
    designate a ``Telework Coordinator'' to be responsible for overseeing
    the implementation and operations of telecommuting programs, and serve
    as a point of contact on such programs for the Committees on
    Appropriations.
        Sec. 623. With the consent of the President, the Secretary of
    Commerce shall represent the United States Government in negotiating
    and monitoring international agreements regarding fisheries, marine
    mammals, or sea turtles: Provided, That the Secretary of Commerce shall
    be responsible for the development and interdepartmental coordination
    of the policies of the United States with respect to the international
    negotiations and agreements referred to in this section.
        Sec. 624. (a) Tracing studies conducted by the Bureau of Alcohol,
    Tobacco, Firearms and Explosives are released without adequate
    disclaimers regarding the limitations of the data.
        (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
    include in all such data releases, language similar to the following
    that would make clear that trace data cannot be used to draw broad
    conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law enforcement
        authorities in conducting investigations by tracking the sale and
        possession of specific firearms. Law enforcement agencies may
        request firearms traces for any reason, and those reasons are not
        necessarily reported to the Federal Government. Not all firearms
        used in crime are traced and not all firearms traced are used in
        crime.
            (2) Firearms selected for tracing are not chosen for purposes
        of determining which types, makes or models of firearms are used
        for illicit purposes. The firearms selected do not constitute a
        random sample and should not be considered representative of the
        larger universe of all firearms used by criminals, or any subset of
        that universe. Firearms are normally traced to the first retail
        seller, and sources reported for firearms traced do not necessarily
        represent the sources or methods by which firearms in general are
        acquired for use in crime.
        Sec. 625. None of the funds made available in this Act may be used
    in violation of section 212(a)(10)(C) of the Immigration and
    Nationality Act.
        Sec. 626. None of the funds appropriated or otherwise made
    available under this Act may be used to issue patents on claims
    directed to or encompassing a human organism.
        Sec. 627. None of the funds made available in this Act may be used
    to pay expenses for any United States delegation to any specialized
    agency, body, or commission of the United Nations if such commission is
    chaired or presided over by a country, the government of which the
    Secretary of State has determined, for purposes of section 6(j)(1) of
    the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has
    provided support for acts of international terrorism.
        Sec. 628. (a) The Department of Justice, the Department of Homeland
    Security, and the Department of State shall jointly conduct a thorough
    study of all matters relating to the efficiency and effectiveness of
    the interagency process used to review applications for nonimmigrant
    visas issued under section 221(a)(1)(B) of the Immigration and
    Nationality Act (8 U.S.C. 1201(a)(1)(B)). The Department of Justice,
    the Department of Homeland Security, and the Department of State shall,
    in conducting this study, develop recommendations on--
            (1) clearance procedures for nonimmigrant visas that should be
        eliminated;
            (2) such procedures that should be continued;
            (3) the appropriate Federal agencies or departments or entities
        that should participate in each such procedure; and
            (4) legislation that could be enacted to increase the
        efficiency and effectiveness of such procedures.
        (b) Not later than 1 year after the date of enactment of this Act,
    the Department of Justice, the Department of Homeland Security, and the
    Department of State shall jointly submit a report to the Committees on
    Appropriations of the Senate and House of Representatives which shall
    contain a detailed statement of the findings and conclusions of the
    study referred to in subsection (a), together with recommendations for
    such legislation and administrative actions as the Department of
    Justice, the Department of Homeland Security, and the Department of
    State consider appropriate. The report may be submitted in a classified
    and unclassified form.
        Sec. 629. Section 604 of the Secure Embassy Construction and
    Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as
    enacted by section 1000(a)(7) of Public Law 106-113) is amended by
    adding the following new subsection at the end:
        ``(e) Capital Security Cost Sharing.--
            ``(1) Authority.--Notwithstanding any other provision of law,
        all agencies with personnel overseas subject to chief of mission
        authority pursuant to section 207 of the Foreign Service Act of
        1980 (22 U.S.C. 3927) shall participate and provide funding in
        advance for their share of costs of providing new, safe, secure
        United States diplomatic facilities, without offsets, on the basis
        of the total overseas presence of each agency as determined
        annually by the Secretary of State in consultation with such
        agency. Amounts advanced by such agencies to the Department of
        State shall be credited to the Embassy Security, Construction and
        Maintenance account, and remain available until expended.
            ``(2) Implementation.--Implementation of this subsection shall
        be carried out in a manner that encourages right-sizing of each
        agency's overseas presence.
            ``(3) Exclusion.--For purposes of this subsection `agency' does
        not include the Marine Security Guard.''.
        Sec. 630. (a) Except as provided in subsection (b), a project to
    construct a diplomatic facility of the United States may not include
    office space or other accommodations for an employee of a Federal
    agency or department if the Secretary of State determines that such
    department or agency has not provided to the Department of State the
    full amount of funding required by subsection (e) of section 604 of the
    Secure Embassy Construction and Counterterrorism Act of 1999 (as
    enacted into law by section 1000(a)(7) of Public Law 106-113 and
    contained in appendix G of that Act; 113 Stat. 1501A-453), as added by
    section 629 of this Act.
        (b) Notwithstanding the prohibition in subsection (a), a project to
    construct a diplomatic facility of the United States may include office
    space or other accommodations for members of the Marine Corps.
        Sec. 631. It is the sense of the Congress that the Secretary of
    State, at the most immediate opportunity, should--
            (1) make a determination as to whether recent events in the
        Darfur region of Sudan constitute genocide as defined in the
        Convention on the Prevention and Punishment of the Crime of
        Genocide; and
            (2) support the investigation and prosecution of war crimes and
        crimes against humanity committed in the Darfur region of Sudan.
        Sec. 632. None of the funds made available in this Act shall be
    used in any way whatsoever to support or justify the use of torture by
    any official or contract employee of the United States Government.
        Sec. 633. (a) Section 111(b) of Public Law 102-395 (21 U.S.C. 886a)
    is amended--
            (1) by redesignating paragraphs (1) through (5) as
        subparagraphs (A) through (E), and indenting accordingly;
            (2) in subparagraph (B), as redesignated, by striking
        ``program.'' and inserting ``program. Such reimbursements shall be
        made without distinguishing between expenses related to controlled
        substance activities and expenses related to chemical
        activities.'';
            (3) by striking ``There is established'' and inserting the
        following: ``(1) In general.--There is established''; and
            (4) by adding at the end the following:
            ``(2) Definitions.--In this section:
                ``(A) Diversion control program.--The term `diversion
            control program' means the controlled substance and chemical
            diversion control activities of the Drug Enforcement
            Administration.
                ``(B) Controlled substance and chemical diversion control
            activities.--The term `controlled substance and chemical
            diversion control activities' means those activities related to
            the registration and control of the manufacture, distribution,
            dispensing, importation, and exportation of controlled
            substances and listed chemicals.''.
        (b) Section 301 of the Controlled Substances Act (21 U.S.C. 821) is
    amended by striking ``the registration and control of regulated'' and
    all that follows through the period, and inserting ``listed
    chemicals.''.
        (c) Section 1088(f) of the Controlled Substances Import and Export
    Act (21 U.S.C. 958(f)) is amended--
            (1) by inserting ``and control'' after ``the registration'';
        and
            (2) by striking ``list I chemicals under this section.'' and
        inserting ``listed chemicals.''.
        Sec. 634. None of the funds appropriated by this Act may be used by
    the Federal Communications Commission to modify, amend, or change its
    rules or regulations for universal service support payments to
    implement the February 27, 2004 recommendations of the Federal-State
    Joint Board on Universal Service regarding single connection or primary
    line restrictions on universal service support payments.
        Sec. 635. The unobligated balance of the amount appropriated by
    title V of the Departments of Commerce, Justice, and State, the
    Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law
    107-77; 115 Stat. 798) for necessary expenses of the United States-
    Canada Alaska Rail Commission shall be transferred as a direct lump-sum
    payment to the University of Alaska.
        Sec. 636. Section 33(a) of the Small Business Act (15 U.S.C.
    657c(a)) is amended by adding at the end the following:
    ``Notwithstanding any other provision of law, the Corporation is a
    private entity and is not an agency, instrumentality, authority,
    entity, or establishment of the United States Government.''.
        Sec. 637. Of the amounts made available in this Act, $160,186,300
    from ``Department of State''; $14,449,118 from ``Department of
    Justice''; $3,095,206 from ``Department of Commerce''; $213,154 from
    ``United States Trade Representative''; and $302,985 from
    ``Broadcasting Board of Governors'' shall be available for the purposes
    of implementing the Capital Security Cost Sharing program, as provided
    in section 629 of the Act.
        Sec. 638. Notwithstanding 40 U.S.C. 524, 571, and 572, the Federal
    Communications Commission may sell the monitoring facilities in
    Honolulu, Hawaii, and Livermore, California, including all real
    property: Provided, That any sale shall be made in accordance with
    section 605 of this Act.
        Sec. 639. None of the funds made available in this Act may be used
    in contravention of the provisions of subsections (e) and (f) of
    section 301 of the United States Leadership Against HIV/AIDS,
    Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 22 U.S.C.
    7631(e) and (f)).
        Sec. 640. (a) There is hereby rescinded an amount equal to 0.54
    percent of the budget authority provided for in fiscal year 2005 for
    any discretionary account in this Act.
        (b) Any rescission made by subsection (a) shall be applied
    proportionately--
            (1) to each discretionary account and each item of budget
        authority described in subsection (a); and
            (2) within each such account and item, to each program,
        project, and activity (with programs, projects, and activities as
        delineated in the appropriation Act or accompanying reports for the
        relevant fiscal year covering such account or item, or for accounts
        and items not included in appropriation Acts, as delineated in the
        most recently submitted President's budget).

                             TITLE VII--RESCISSIONS

                             DEPARTMENT OF JUSTICE

                             General Administration

                               WORKING CAPITAL FUND

                                   (RESCISSION)

        Of the unobligated balances available under this heading,
    $60,000,000 are rescinded.

                                Legal Activities

                              ASSET FORFEITURE FUND

                                   (RESCISSION)

        Of the unobligated balances available under this heading,
    $61,800,000 are rescinded.

                           Office of Justice Programs

                                JUSTICE ASSISTANCE

                                   (RESCISSION)

        Of the unobligated balances available under this heading,
    $1,619,000 are rescinded.

                    State and Local Law Enforcement Assistance

                                   (RESCISSION)

        Of the unobligated balances available under this heading,
    $29,380,000 are rescinded.

                       Community Oriented Policing Services

                                   (RESCISSION)

        Of the unobligated balances available under this heading,
    $99,000,000 are rescinded.

                                 Juvenile Justice

                                   (RESCISSION)

        Of the unobligated balances available under this heading,
    $3,500,000 are rescinded.

                             DEPARTMENT OF COMMERCE

                 National Institute of Standards and Technology

                          INDUSTRIAL TECHNOLOGY SERVICES

                                   (RESCISSION)

        Of the unobligated balances available under this heading for the
    Advanced Technology Program, $3,900,000 are rescinded.

                                RELATED AGENCIES

                       Federal Communications Commission

                              Salaries and expenses

                                   (RESCISSION)

        Of the unobligated balances available under this heading,
    $12,000,000 are rescinded.

                     TITLE VIII--PATENT AND TRADEMARK FEES

    SEC. 801. FEES FOR PATENT SERVICES.

        (a) General Patent Fees.--During fiscal years 2005 and 2006,
    subsection (a) of section 41 of title 35, United States Code, shall be
    administered as though that subsection reads as follows:
        ``(a) General Fees.--The Director shall charge the following fees:
            ``(1) Filing and basic national fees.--
                ``(A) On filing each application for an original patent,
            except for design, plant, or provisional applications, $300.
                ``(B) On filing each application for an original design
            patent, $200.
                ``(C) On filing each application for an original plant
            patent, $200.
                ``(D) On filing each provisional application for an
            original patent, $200.
                ``(E) On filing each application for the reissue of a
            patent, $300.
                ``(F) The basic national fee for each international
            application filed under the treaty defined in section 351(a) of
            this title entering the national stage under section 371 of
            this title, $300.
                ``(G) In addition, excluding any sequence listing or
            computer program listing filed in an electronic medium as
            prescribed by the Director, for any application the
            specification and drawings of which exceed 100 sheets of paper
            (or equivalent as prescribed by the Director if filed in an
            electronic medium), $250 for each additional 50 sheets of paper
            (or equivalent as prescribed by the Director if filed in an
            electronic medium) or fraction thereof.
            ``(2) Excess claims fees.--In addition to the fee specified in
        paragraph (1)--
                ``(A) on filing or on presentation at any other time, $200
            for each claim in independent form in excess of 3;
                ``(B) on filing or on presentation at any other time, $50
            for each claim (whether dependent or independent) in excess of
            20; and
                ``(C) for each application containing a multiple dependent
            claim, $360.
        For the purpose of computing fees under this paragraph, a multiple
        dependent claim referred to in section 112 of this title or any
        claim depending therefrom shall be considered as separate dependent
        claims in accordance with the number of claims to which reference
        is made. The Director may by regulation provide for a refund of any
        part of the fee specified in this paragraph for any claim that is
        canceled before an examination on the merits, as prescribed by the
        Director, has been made of the application under section 131 of
        this title. Errors in payment of the additional fees under this
        paragraph may be rectified in accordance with regulations
        prescribed by the Director.
            ``(3) Examination fees.--
                ``(A) For examination of each application for an original
            patent, except for design, plant, provisional, or international
            applications, $200.
                ``(B) For examination of each application for an original
            design patent, $130.
                ``(C) For examination of each application for an original
            plant patent, $160.
                ``(D) For examination of the national stage of each
            international application, $200.
                ``(E) For examination of each application for the reissue
            of a patent, $600.
            The provisions of section 111(a) of this title relating to the
        payment of the fee for filing the application shall apply to the
        payment of the fee specified in this paragraph with respect to an
        application filed under section 111(a) of this title. The
        provisions of section 371(d) of this title relating to the payment
        of the national fee shall apply to the payment of the fee specified
        in this paragraph with respect to an international application.
            ``(4) Issue fees.--
                ``(A) For issuing each original patent, except for design
            or plant patents, $1,400.
                ``(B) For issuing each original design patent, $800.
                ``(C) For issuing each original plant patent, $1,100.
                ``(D) For issuing each reissue patent, $1,400.
            ``(5) Disclaimer fee.--On filing each disclaimer, $130.
            ``(6) Appeal fees.--
                ``(A) On filing an appeal from the examiner to the Board of
            Patent Appeals and Interferences, $500.
                ``(B) In addition, on filing a brief in support of the
            appeal, $500, and on requesting an oral hearing in the appeal
            before the Board of Patent Appeals and Interferences, $1,000.
            ``(7) Revival fees.--On filing each petition for the revival of
        an unintentionally abandoned application for a patent, for the
        unintentionally delayed payment of the fee for issuing each patent,
        or for an unintentionally delayed response by the patent owner in
        any reexamination proceeding, $1,500, unless the petition is filed
        under section 133 or 151 of this title, in which case the fee shall
        be $500.
            ``(8) Extension fees.--For petitions for 1-month extensions of
        time to take actions required by the Director in an application--
                ``(A) on filing a first petition, $120;
                ``(B) on filing a second petition, $330; and
                ``(C) on filing a third or subsequent petition, $570.''.
        (b) Patent Maintenance Fees.--During fiscal years 2005 and 2006,
    subsection (b) of section 41 of title 35, United States Code, shall be
    administered as though that subsection reads as follows:
        ``(b) Maintenance Fees.--The Director shall charge the following
    fees for maintaining in force all patents based on applications filed
    on or after December 12, 1980:
            ``(1) 3 years and 6 months after grant, $900.
            ``(2) 7 years and 6 months after grant, $2,300.
            ``(3) 11 years and 6 months after grant, $3,800.
    Unless payment of the applicable maintenance fee is received in the
    United States Patent and Trademark Office on or before the date the fee
    is due or within a grace period of 6 months thereafter, the patent will
    expire as of the end of such grace period. The Director may require the
    payment of a surcharge as a condition of accepting within such 6-month
    grace period the payment of an applicable maintenance fee. No fee may
    be established for maintaining a design or plant patent in force.''.
        (c) Patent Search Fees.--During fiscal years 2005 and 2006,
    subsection (d) of section 41 of title 35, United States Code, shall be
    administered as though that subsection reads as follows:
        ``(d) Patent Search and Other Fees.--
            ``(1) Patent search fees.--
                ``(A) The Director shall charge a fee for the search of
            each application for a patent, except for provisional
            applications. The Director shall establish the fees charged
            under this paragraph to recover an amount not to exceed the
            estimated average cost to the Office of searching applications
            for patent either by acquiring a search report from a qualified
            search authority, or by causing a search by Office personnel to
            be made, of each application for patent. For the 3-year period
            beginning on the date of enactment of this Act, the fee for a
            search by a qualified search authority of a patent application
            described in clause (i), (iv), or (v) of subparagraph (B) may
            not exceed $500, of a patent application described in clause
            (ii) of subparagraph (B) may not exceed $100, and of a patent
            application described in clause (iii) of subparagraph (B) may
            not exceed $300. The Director may not increase any such fee by
            more than 20 percent in each of the next three 1-year periods,
            and the Director may not increase any such fee thereafter.
                ``(B) For purposes of determining the fees to be
            established under this paragraph, the cost to the Office of
            causing a search of an application to be made by Office
            personnel shall be deemed to be--
                    ``(i) $500 for each application for an original patent,
                except for design, plant, provisional, or international
                applications;
                    ``(ii) $100 for each application for an original design
                patent;
                    ``(iii) $300 for each application for an original plant
                patent;
                    ``(iv) $500 for the national stage of each
                international application; and
                    ``(v) $500 for each application for the reissue of a
                patent.
                ``(C) The provisions of section 111(a)(3) of this title
            relating to the payment of the fee for filing the application
            shall apply to the payment of the fee specified in this
            paragraph with respect to an application filed under section
            111(a) of this title. The provisions of section 371(d) of this
            title relating to the payment of the national fee shall apply
            to the payment of the fee specified in this paragraph with
            respect to an international application.
                ``(D) The Director may by regulation provide for a refund
            of any part of the fee specified in this paragraph for any
            applicant who files a written declaration of express
            abandonment as prescribed by the Director before an examination
            has been made of the application under section 131 of this
            title, and for any applicant who provides a search report that
            meets the conditions prescribed by the Director.
                ``(E) For purposes of subparagraph (A), a `qualified search
            authority' may not include a commercial entity unless--
                    ``(i) the Director conducts a pilot program of limited
                scope, conducted over a period of not more than 18 months,
                which demonstrates that searches by commercial entities of
                the available prior art relating to the subject matter of
                inventions claimed in patent applications--

                        ``(I) are accurate; and
                        ``(II) meet or exceed the standards of searches
                    conducted by and used by the Patent and Trademark
                    Office during the patent examination process;

                    ``(ii) the Director submits a report on the results of
                the pilot program to Congress and the Patent Public
                Advisory Committee that includes--

                        ``(I) a description of the scope and duration of
                    the pilot program;
                        ``(II) the identity of each commercial entity
                    participating in the pilot program;
                        ``(III) an explanation of the methodology used to
                    evaluate the accuracy and quality of the search
                    reports; and
                        ``(IV) an assessment of the effects that the pilot
                    program, as compared to searches conducted by the
                    Patent and Trademark Office, had and will have on--

                            ``(aa) patentability determinations;
                            ``(bb) productivity of the Patent and Trademark
                        Office;
                            ``(cc) costs to the Patent and Trademark
                        Office;
                            ``(dd) costs to patent applicants; and
                            ``(ee) other relevant factors;
                    ``(iii) the Patent Public Advisory Committee reviews
                and analyzes the Director's report under clause (ii) and
                the results of the pilot program and submits a separate
                report on its analysis to the Director and the Congress
                that includes--

                        ``(I) an independent evaluation of the effects that
                    the pilot program, as compared to searches conducted by
                    the Patent and Trademark Office, had and will have on
                    the factors set forth in clause (ii)(IV); and
                        ``(II) an analysis of the reasonableness,
                    appropriateness, and effectiveness of the methods used
                    in the pilot program to make the evaluations required
                    under clause (ii)(IV); and

                    ``(iv) Congress does not, during the 1-year period
                beginning on the date on which the Patent Public Advisory
                Committee submits its report to the Congress under clause
                (iii), enact a law prohibiting searches by commercial
                entities of the available prior art relating to the subject
                matter of inventions claimed in patent applications.
                ``(F) The Director shall require that any search by a
            qualified search authority that is a commercial entity is
            conducted in the United States by persons that--
                    ``(i) if individuals, are United States citizens; and
                    ``(ii) if business concerns, are organized under the
                laws of the United States or any State and employ United
                States citizens to perform the searches.
                ``(G) A search of an application that is the subject of a
            secrecy order under section 181 or otherwise involves
            classified information may only be conducted by Office
            personnel.
                ``(H) A qualified search authority that is a commercial
            entity may not conduct a search of a patent application if the
            entity has any direct or indirect financial interest in any
            patent or in any pending or imminent application for patent
            filed or to be filed in the Patent and Trademark Office.
            ``(2) Other fees.--The Director shall establish fees for all
        other processing, services, or materials relating to patents not
        specified in this section to recover the estimated average cost to
        the Office of such processing, services, or materials, except that
        the Director shall charge the following fees for the following
        services:
                ``(A) For recording a document affecting title, $40 per
            property.
                ``(B) For each photocopy, $.25 per page.
                ``(C) For each black and white copy of a patent, $3.
        The yearly fee for providing a library specified in section 12 of
        this title with uncertified printed copies of the specifications
        and drawings for all patents in that year shall be $50.''.
        (d) Adjustments.--During fiscal years 2005 and 2006, subsection (f)
    of section 41 of title 35, United States Code, shall apply to the fees
    established under this section.
        (e) Fees For Small Entities.--During fiscal years 2005 and 2006,
    subsection (h) of section 41 of title 35, United States Code, shall be
    administered as though that subsection is amended--
            (1) in paragraph (1), by striking ``Fees charged under
        subsection (a) or (b)'' and inserting ``Subject to paragraph (3),
        fees charged under subsections (a), (b), and (d)(1)''; and
            (2) by adding at the end the following new paragraph:
            ``(3) The fee charged under subsection (a)(1)(A) shall be
        reduced by 75 percent with respect to its application to any entity
        to which paragraph (1) applies, if the application is filed by
        electronic means as prescribed by the Director.''.

    SEC. 802. ADJUSTMENT OF TRADEMARK FEES.

        (a) Fee For Filing Application.--During fiscal years 2005 and 2006,
    under such conditions as may be prescribed by the Director, the fee
    under section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a))
    for: (1) the filing of a paper application for the registration of a
    trademark shall be $375; (2) the filing of an electronic application
    shall be $325; and (3) the filing of an electronic application meeting
    certain additional requirements prescribed by the Director shall be
    $275. During fiscal years 2005 and 2006, the provisions of the second
    and third sentences of section 31(a) of the Trademark Act of 1946 shall
    apply to the fees established under this section.
        (b) Reference to Trademark Act of 1946.--For purposes of this
    section, the ``Trademark Act of 1946'' refers to the Act entitled ``An
    Act to provide for the registration and protection of trademarks used
    in commerce, to carry out the provisions of certain international
    conventions, and for other purposes.'', approved July 5, 1946 (15
    U.S.C. 1051 et seq.).

    SEC. 803. EFFECTIVE DATE, APPLICABILITY, AND TRANSITIONAL PROVISION.

        (a) Effective Date.--Except as otherwise provided in this title
    (including this section), the provisions of this title shall take
    effect on the date of the enactment of this Act and shall apply only
    with respect to the remaining portion of fiscal year 2005 and fiscal
    year 2006.
        (b) Applicability.--
            (1)(A) Except as provided in subparagraphs (B) and (C), the
        provisions of section 801 shall apply to all patents, whenever
        granted, and to all patent applications pending on or filed after
        the effective date set forth in subsection (a) of this section.
            (B)(i) Except as provided in clause (ii), subsections (a)(1)
        and (3) and (d)(1) of section 41 of title 35, United States Code,
        as administered as provided in this title, shall apply only to--
                (I) applications for patents filed under section 111 of
            title 35, United States Code, on or after the effective date
            set forth in subsection (a) of this section, and
                (II) international applications entering the national stage
            under section 371 of title 35, United States Code, for which
            the basic national fee specified in section 41 of title 35,
            United States Code, was not paid before the effective date set
            forth in subsection (a) of this section.
            (ii) Section 41(a)(1)(D) of title 35, United States Code, as
        administered as provided in this title, shall apply only to
        applications for patent filed under section 111(b) of title 35,
        United States Code, before, on, or after the effective date set
        forth in subsection (a) of this section in which the filing fee
        specified in section 41 of title 35, United States Code, was not
        paid before the effective date set forth in subsection (a) of this
        section.
            (C) Section 41(a)(2) of title 35, United States Code, as
        administered as provided in this title, shall apply only to the
        extent that the number of excess claims, after giving effect to any
        cancellation of claims, is in excess of the number of claims for
        which the excess claims fee specified in section 41 of title 35,
        United States Code, was paid before the effective date set forth in
        subsection (a) of this section.
            (2) The provisions of section 802 shall apply to all
        applications for the registration of a trademark filed or amended
        on or after the effective date set forth in subsection (a) of this
        section.
        (c) Transitional Provisions.--
            (1) Search fees.--During fiscal years 2005 and 2006, the
        Director shall charge--
                (A) for the search of each application for an original
            patent, except for design, plant, provisional, or international
            application, $500;
                (B) for the search of each application for an original
            design patent, $100;
                (C) for the search of each application for an original
            plant patent, $300;
                (D) for the search of the national stage of each
            international application, $500; and
                (E) for the search of each application for the reissue of a
            patent, $500.
            (2) Timing of fees.--The provisions of section 111(a)(3) of
        title 35, United States Code, relating to the payment of the fee
        for filing the application shall apply to the payment of the fee
        specified in paragraph (1) with respect to an application filed
        under section 111(a) of title 35, United States Code. The
        provisions of section 371(d) of title 35, United States Code,
        relating to the payment of the national fee shall apply to the
        payment of the fee specified in paragraph (1) with respect to an
        international application.

    SEC. 804. DEFINITION.

        In this title, the term ``Director'' means the Under Secretary of
    Commerce for Intellectual Property and Director of the United States
    Patent and Trademark Office.

                     TITLE IX--OCEANS AND HUMAN HEALTH ACT

    SEC. 901. SHORT TITLE.

        This title may be cited as the ``Oceans and Human Health Act''.

    SEC. 902. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM.

        (a) Coordination.--The President, through the National Science and
    Technology Council, shall coordinate and support a national research
    program to improve understanding of the role of the oceans in human
    health.
        (b) Implementation Plan.--Within 1 year after the date of enactment
    of this Act, the National Science and Technology Council, through the
    Director of the Office of Science and Technology Policy shall develop
    and submit to the Congress a plan for coordinated Federal activities
    under the program. Nothing in this subsection is intended to duplicate
    or supersede the activities of the Inter-Agency Task Force on Harmful
    Algal Blooms and Hypoxia established under section 603 of the Harmful
    Algal Bloom and Hypoxia Research and Control Act of 1998 (16 U.S.C.
    1451 note). In developing the plan, the Committee will consult with the
    Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia. Such plan
    will build on and complement the ongoing activities of the National
    Oceanic and Atmospheric Administration, the National Science
    Foundation, and other departments and agencies and shall--
            (1) establish, for the 10-year period beginning in the year it
        is submitted, the goals and priorities for Federal research which
        most effectively advance scientific understanding of the
        connections between the oceans and human health, provide usable
        information for the prediction of marine-related public health
        problems and use the biological potential of the oceans for
        development of new treatments of human diseases and a greater
        understanding of human biology;
            (2) describe specific activities required to achieve such goals
        and priorities, including the funding of competitive research
        grants, ocean and coastal observations, training and support for
        scientists, and participation in international research efforts;
            (3) identify and address, as appropriate, relevant programs and
        activities of the Federal agencies and departments that would
        contribute to the program;
            (4) identify alternatives for preventive unnecessary
        duplication of effort among Federal agencies and departments with
        respect to the program;
            (5) consider and use, as appropriate, reports and studies
        conducted by Federal agencies and departments, the National
        Research Council, the Ocean Research Advisory Panel, the Commission
        on Ocean Policy and other expert scientific bodies;
            (6) make recommendations for the coordination of program
        activities with ocean and human health-related activities of other
        national and international organizations; and
            (7) estimate Federal funding for research activities to be
        conducted under the program.
        (c) Program Scope.--The program may include the following
    activities related to the role of oceans in human health:
            (1) Interdisciplinary research among the ocean and medical
        sciences, and coordinated research and activities to improve
        understanding of processes within the ocean that may affect human
        health and to explore the potential contribution of marine
        organisms to medicine and research, including--
                (A) vector- and water-borne diseases of humans and marine
            organisms, including marine mammals and fish;
                (B) harmful algal blooms and hypoxia (through the Inter-
            Agency Task Force on Harmful Algal Blooms and Hypoxia);
                (C) marine-derived pharmaceuticals;
                (D) marine organisms as models for biomedical research and
            as indicators of marine environmental health;
                (E) marine environmental microbiology;
                (F) bioaccumulative and endocrine-disrupting chemical
            contaminants; and
                (G) predictive models based on indicators of marine
            environmental health or public health threats.
            (2) Coordination with the National Ocean Research Leadership
        Council (10 U.S.C. 7902(a)) to ensure that any integrated ocean and
        coastal observing system provides information necessary to monitor
        and reduce marine public health problems including health-related
        data on biological populations and detection of contaminants in
        marine waters and seafood.
            (3) Development through partnerships among Federal agencies,
        States, academic institutions, or non-profit research organizations
        of new technologies and approaches for detecting and reducing
        hazards to human health from ocean sources and to strengthen
        understanding of the value of marine biodiversity to biomedicine,
        including--
                (A) genomics and proteomics to develop genetic and
            immunological detection approaches and predictive tools and to
            discover new biomedical resources;
                (B) biomaterials and bioengineering;
                (C) in situ and remote sensors used to detect, quantify,
            and predict the presence and spread of contaminants in marine
            waters and organisms and to identify new genetic resources for
            biomedical purposes;
                (D) techniques for supplying marine resources, including
            chemical synthesis, culturing and aquaculturing marine
            organisms, new fermentation methods and recombinant techniques;
            and
                (E) adaptation of equipment and technologies from human
            health fields.
            (4) Support for scholars, trainees and education opportunities
        that encourage an interdisciplinary and international approach to
        exploring the diversity of life in the oceans.
        (d) Annual Report.--Beginning with the first year occurring more
    than 24 months after the date of enactment of this Act, the National
    Science and Technology Council, through the Director of the Office of
    Science and Technology Policy shall prepare and submit to the President
    and the Congress not later than January 31st of each year an annual
    report on the activities conducted pursuant to this title during the
    preceding fiscal year, including--
            (1) a summary of the achievements of Federal oceans and human
        health research, including Federally supported external research,
        during the preceding fiscal year;
            (2) an analysis of the progress made toward achieving the goals
        and objectives of the plan developed under subsection (b),
        including identification of trends and emerging trends;
            (3) a copy or summary of the plan and any changes made in the
        plan;
            (4) a summary of agency budgets for oceans and human health
        activities for that preceding fiscal year; and
            (5) any recommendations regarding additional action or
        legislation that may be required to assist in achieving the
        purposes of this title.

    SEC. 903. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEANS AND
                  HUMAN HEALTH INITIATIVE.

        (a) Establishment.--As part of the interagency oceans and human
    health research program, the Secretary of Commerce is authorized to
    establish an Oceans and Human Health Initiative to coordinate and
    implement research and activities of the National Oceanic and
    Atmospheric Administration related to the role of the oceans, the
    coasts, and the Great Lakes in human health. In carrying out this
    section, the Secretary shall consult with other Federal agencies
    conducting integrated oceans and human health research and research in
    related areas, including the National Science Foundation. The Oceans
    and Human Health Initiative is authorized to provide support for--
            (1) centralized program and research coordination;
            (2) an advisory panel;
            (3) one or more National Oceanic and Atmospheric Administration
        national centers of excellence;
            (4) research grants; and
            (5) distinguished scholars and traineeships.
        (b) Advisory Panel.--The Secretary is authorized to establish an
    oceans and human health advisory panel to assist in the development and
    implementation of the Oceans and Human Health Initiative. Membership of
    the advisory group shall provide for balanced representation of
    individuals with multi-disciplinary expertise in the marine and
    biomedical sciences. The Federal Advisory Committee Act (5 U.S.C. App.)
    shall not apply to the oceans and human health advisory panel.
        (c) National Centers.--
            (1) The Secretary is authorized to identify and provide
        financial support through a competitive process to develop, within
        the National Oceanic and Atmospheric Administration, for one or
        more centers of excellence that strengthen the capabilities of the
        National Oceanic and Atmospheric Administration to carry out its
        programs and activities related to the oceans' role in human
        health.
            (2) The centers shall focus on areas related to agency
        missions, including use of marine organisms as indicators for
        marine environmental health, ocean pollutants, marine toxins and
        pathogens, harmful algal blooms, hypoxia, seafood testing,
        identification of potential marine products, and biology and
        pathobiology of marine mammals, and on disciplines including marine
        genomics, marine environmental microbiology, ecological chemistry
        and conservation medicine.
            (3) In selecting centers for funding, the Secretary will give
        priority to proposals with strong interdisciplinary scientific
        merit that encourage educational opportunities and provide for
        effective partnerships among the Administration, other Federal
        entities, State, academic, non-profit research organizations,
        medical, and industry participants.
        (d) Extramural Research Grants.--
            (1) The Secretary is authorized to provide grants of financial
        assistance to the scientific community for critical research and
        projects that explore the relationship between the oceans and human
        health and that complement or strengthen programs and activities of
        the National Oceanic and Atmospheric Administration related to the
        ocean's role in human health. Officers and employees of Federal
        agencies may collaborate with, and participate in, such research
        and projects to the extent requested by the grant recipient. The
        Secretary shall consult with the oceans and human health advisory
        panel established under subsection (b) and may work cooperatively
        with other agencies participating in the interagency program to
        establish joint criteria for such research and projects.
            (2) Grants under this subsection shall be awarded through a
        competitive peer-reviewed, merit-based process that may be
        conducted jointly with other agencies participating in the
        interagency program.
        (e) Traineeships.--The Secretary of Commerce is authorized to
    establish a program to provide traineeships, training, and experience
    to pre-doctoral and post-doctoral students and to scientists at the
    beginning of their careers who are interested in the oceans in human
    health research conducted under the NOAA initiative.

    SEC. 904. PUBLIC INFORMATION AND OUTREACH.

        (a) In General.--The Secretary of Commerce, in consultation with
    other Federal agencies, and in cooperation with the National Sea Grant
    program, shall design and implement a program to disseminate
    information developed under the NOAA Oceans and Human Health
    Initiative, including research, assessments, and findings regarding the
    relationship between oceans and human health, on both a regional and
    national scale. The information, particularly with respect to potential
    health risks, shall be made available in a timely manner to appropriate
    Federal or State agencies, involved industries, and other interested
    persons through a variety of means, including through the Internet.
        (b) Report.--As part of this program, the Secretary shall submit to
    Congress an annual report reviewing the results of the research,
    assessments, and findings developed under the NOAA Oceans and Human
    Health Initiative, as well as recommendations for improving or
    expanding the program.

    SEC. 905. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Secretary of
    Commerce to carry out the National Oceanic and Atmospheric
    Administration Oceans and Human Health Initiative, $60,000,000 for
    fiscal years 2005 through 2008. Not less than 50 percent of the amounts
    appropriated to carry out the initiative shall be utilized in each
    fiscal year to support the extramural grant and traineeship programs of
    the Initiative.
        This division may be cited as the ``Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
    Act, 2005''.

       DIVISION C--ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2005

                                    TITLE I

                          DEPARTMENT OF DEFENSE--CIVIL

                             DEPARTMENT OF THE ARMY

                           Corps of Engineers--Civil

        The following appropriations shall be expended under the direction
    of the Secretary of the Army and the supervision of the Chief of
    Engineers for authorized civil functions of the Department of the Army
    pertaining to rivers and harbors, flood control, shore protection and
    storm damage reduction, aquatic ecosystem restoration, and related
    purposes.

                              General Investigations

        For expenses necessary for the collection and study of basic
    information pertaining to river and harbor, flood control, shore
    protection and storm damage reduction, aquatic ecosystem restoration,
    and related projects, restudy of authorized projects, miscellaneous
    investigations, and, when authorized by law, surveys and detailed
    studies and plans and specifications of projects prior to construction,
    $144,500,000, to remain available until expended: Provided, That the
    Secretary of the Army, acting through the Chief of Engineers, is
    directed to use $300,000 for the continued preconstruction,
    engineering, and design of Waikiki Beach, Oahu, Hawaii, the project to
    be designed and evaluated, as authorized and that any recommendations
    for a National Economic Development Plan shall be accepted
    notwithstanding the extent of recreation benefits supporting the
    project features, in view of the fact that recreation is extremely
    important in sustaining and increasing the economic well-being of the
    State of Hawaii and the nation: Provided further, That in conducting
    the Southwest Valley Flood Damage Reduction Study, Albuquerque, New
    Mexico, the Secretary of the Army, acting through the Chief of
    Engineers, shall include an evaluation of flood damage reduction
    measures that would otherwise be excluded from the feasibility analysis
    based on policies regarding the frequency of flooding, the drainage
    areas, and the amount of runoff: Provided further, That for the Ohio
    Riverfront, Cincinnati, Ohio, project, the cost of planning and design
    undertaken by non-Federal interests shall be credited toward the non-
    Federal share of project design costs.

                              Construction, General

        For expenses necessary for the construction of river and harbor,
    flood control, shore protection and storm damage reduction, aquatic
    ecosystem restoration, and related projects authorized by law; for
    conducting detailed studies, and plans and specifications, of such
    projects (including those for development with participation or under
    consideration for participation by States, local governments, or
    private groups) authorized or made eligible for selection by law (but
    such detailed studies, and plans and specifications, shall not
    constitute a commitment of the Government to construction); and for the
    benefit of federally listed species to address the effects of civil
    works projects owned or operated by the United States Army Corps of
    Engineers, $1,796,089,000, to remain available until expended, of which
    such sums as are necessary to cover the Federal share of construction
    costs for facilities under the Dredged Material Disposal Facilities
    program shall be derived from the Harbor Maintenance Trust Fund as
    authorized by Public Law 104-303; and of which such sums as are
    necessary pursuant to Public Law 99-662 shall be derived from the
    Inland Waterways Trust Fund, to cover one-half of the costs of
    construction and rehabilitation of inland waterways projects,
    (including the rehabilitation costs for Lock and Dam 11, Mississippi
    River, Iowa; Lock and Dam 19, Mississippi River, Iowa; Lock and Dam 24,
    Mississippi River, Illinois and Missouri; and Lock and Dam 3,
    Mississippi River, Minnesota) shall be derived from the Inland
    Waterways Trust Fund: Provided, That using $12,500,000 of the funds
    appropriated herein, the Secretary of the Army, acting through the
    Chief of Engineers, is directed to continue construction of the Dallas
    Floodway Extension, Texas, project, including the Cadillac Heights
    feature, generally in accordance with the Chief of Engineers report
    dated December 7, 1999: Provided further, That the Secretary of the
    Army is directed to accept advance funds, pursuant to section 11 of the
    River and Harbor Act of 1925, from the non-Federal sponsor of the Los
    Angeles Harbor, California, project authorized by section 101(b)(5) of
    Public Law 106-541: Provided further, That the Secretary of the Army is
    directed to accept advance funds, or any portion thereof, pursuant to
    section 11 of the River and Harbor Act of 1925, from the non-Federal
    sponsor of the Oakland Harbor, California, project authorized by
    section 101(a)(7) of Public Law 106-53: Provided further, That the
    Secretary of the Army, acting through the Chief of Engineers, is
    directed to use $500,000 of the funds provided herein to continue
    construction of the Hawaii Water Management Project: Provided further,
    That the Secretary of the Army, acting through the Chief of Engineers,
    is directed to use $3,000,000 of the funds appropriated herein to
    continue construction of the navigation project at Kaumalapau Harbor,
    Hawaii: Provided further, That the Secretary of the Army, acting
    through the Chief of Engineers, is directed to use $3,000,000 of the
    funds provided herein for the Dam Safety and Seepage/Stability
    Correction Program to complete construction of seepage control features
    and repairs to the tainter gates at Waterbury Dam, Vermont: Provided
    further, That the Secretary of the Army, acting through the Chief of
    Engineers, is directed to use $9,000,000 of the funds appropriated
    herein to proceed with planning, engineering, design or construction of
    the Grundy, Buchanan County, and Dickenson County, Virginia, elements
    of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland
    River Project: Provided further, That the Secretary of the Army, acting
    through the Chief of Engineers, is directed to use $15,000,000 of the
    funds appropriated herein to continue with the planning, engineering,
    design or construction of the Lower Mingo County, Upper Mingo County,
    Wayne County, McDowell County, West Virginia, elements of the Levisa
    and Tug Forks of the Big Sandy River and Upper Cumberland River
    Project: Provided further, That the Secretary of the Army, acting
    through the Chief of Engineers, is directed to continue the Dickenson
    County Detailed Project Report as generally defined in Plan 4 of the
    Huntington District Engineer's Draft Supplement to the section 202
    General Plan for Flood Damage Reduction dated April 1997, including all
    Russell Fork tributary streams within the County and special
    considerations as may be appropriate to address the unique relocations
    and resettlement needs for the flood prone communities within the
    County: Provided further, That the Secretary of the Army, acting
    through the Chief of Engineers, is directed to use $8,750,000 of the
    funds appropriated herein for the Clover Fork, City of Cumberland, Town
    of Martin, Pike County (including Levisa Fork and Tug Fork
    Tributaries), Bell County, Harlan County in accordance with the Draft
    Detailed Project Report dated January 2002, Floyd County, Martin
    County, Johnson County, and Knox County, Kentucky, detailed project
    report, elements of the Levisa and Tug Forks of the Big Sandy River and
    Upper Cumberland River: Provided further, That the Secretary of the
    Army, acting through the Chief of Engineers, is directed to continue
    with the construction of the Seward Harbor, Alaska, project, in
    accordance with the Report of the Chief of Engineers, dated June 8,
    1999, and the economic justification contained therein: Provided
    further, That the Secretary of the Army, acting through the Chief of
    Engineers, is directed to continue with the construction of the False
    Pass, Alaska, project, in accordance with the Report of the Chief of
    Engineers, dated December 29, 2000: Provided further, That the
    Secretary of the Army, acting through the Chief of Engineers, is
    directed to proceed with construction of the Sand Point Harbor, Alaska
    project, in accordance with the Report of the Chief of Engineers, dated
    October 13, 1998, and the economic justification contained therein:
    Provided further, That the Secretary of the Army, acting through the
    Chief of Engineers, is directed to design and construct modifications
    to the Federal navigation project at Thomsen Harbor, Sitka, Alaska,
    authorized by section 101 of the Water Resources Development Act of
    1992: Provided further, That the Secretary of the Army, acting through
    the Chief of Engineers, shall correct the design deficiency at Thomsen
    Harbor, Sitka, Alaska, by adding to, or extending, the existing
    breakwaters to reduce wave and swell motion within the harbor at an
    additional cost of $1,000,000 at full Federal expense: Provided
    further, That the Secretary of the Army, acting through the Chief of
    Engineers, is directed and authorized to continue the work to replace
    and upgrade the dam and all connections to the existing system at Kake,
    Alaska: Provided further, That the Secretary of the Army, acting
    through the Chief of Engineers, is directed to continue with the
    construction of the Wrangell Harbor, Alaska, project in accordance with
    the Chief of Engineer's report dated December 23, 1999: Provided
    further, That the Secretary of the Army, acting through the Chief of
    Engineers, is directed to proceed with the construction of the New York
    and New Jersey Harbor project, 50-foot deepening element, upon
    execution of the Project Cooperation Agreement: Provided further, That
    no funds made available under this Act or any other Act for any fiscal
    year may be used by the Secretary of the Army to carry out the
    construction of the Port Jersey element of the New York and New Jersey
    Harbor or reimbursement to the Local Sponsor for the construction of
    the Port Jersey element until commitments for construction of container
    handling facilities are obtained from the non-Federal sponsor for a
    second user along the Port Jersey element: Provided further, That the
    Secretary of the Army, acting through the Chief of Engineers, is
    directed to use funds appropriated for the navigation project, Tampa
    Harbor, Florida, to carry out, as part of the project, construction of
    passing lanes in an area approximately 3.5 miles long, centered on
    Tampa Bay Cut B, if the Secretary determines that such construction is
    technically sound, environmentally acceptable, and cost effective:
    Provided further, That using $750,000 of the funds appropriated herein,
    the Secretary of the Army, acting through the Chief of Engineers, is
    authorized and directed to plan, design, and initiate reconstruction of
    the Cape Girardeau, Missouri, project, originally authorized by the
    Flood Control Act of 1950, at an estimated total cost of $9,000,000,
    with cost sharing on the same basis as cost sharing for the project as
    originally authorized, if the Secretary determines that the
    reconstruction is technically sound and environmentally acceptable:
    Provided further, That the planned reconstruction shall be based on the
    most cost-effective engineering solution and shall require no further
    economic justification: Provided further, That the Secretary of the
    Army, acting through the Chief of Engineers, is directed to proceed
    without further delay with work on the permanent bridge to replace
    Folsom Bridge Dam Road, Folsom, California, as authorized by the Energy
    and Water Development Appropriations Act, 2004 (Public Law 108-137),
    and, of the $8,000,000 available for the American River Watershed
    (Folsom Dam Mini-Raise), California, project, up to $5,000,000 of those
    funds be directed for the permanent bridge, with all remaining devoted
    to the Mini-Raise: Provided further, That the Secretary of the Army is
    directed to use $1,365,000 of the funds appropriated herein to
    construct a project for flood control, Cass River, Spaulding Township,
    Michigan, pursuant to section 205 of the Flood Control Act of 1948 (33
    U.S.C. 701s), notwithstanding that the benefits of the project may not
    exceed the estimated costs of the project: Provided further, That the
    non-Federal interest for the project shall receive credit towards its
    share of project costs in the amount of $345,000 for work carried out
    by the non-Federal interest on the project prior to entering into a
    project cooperation agreement: Provided further, That the Secretary of
    the Army, acting through the Chief of Engineers, is directed to
    undertake and fund a demonstration project utilizing the Bidlocker
    system of escrowing contract bid documents: Provided further, That the
    system should provide a method of securing bidder documents prior to
    the award of the contracts, thus allowing the contractor to provide
    those documents to the Government in the case of disputes: Provided
    further, That the demonstration project should include use of the
    system on at least three contracts: Provided further, That a report on
    the results of the demonstration project shall be provided within 1
    year of the date of enactment of this Act.

      Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
           Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

        For expenses necessary for the flood damage reduction program for
    the Mississippi River alluvial valley below Cape Girardeau, Missouri,
    as authorized by law, $324,500,000, to remain available until expended:
    Provided, That the Secretary of the Army, acting through the Chief of
    Engineers, using $12,000,000 of the funds provided herein, is directed
    to continue design and real estate activities and to initiate the pump
    supply contract for the Yazoo Basin, Yazoo Backwater Pumping Plant,
    Mississippi: Provided further, That the pump supply contract shall be
    performed by awarding continuing contracts in accordance with 33 U.S.C.
    621: Provided further, That the Secretary of the Army, acting through
    the Chief of Engineers is directed, with $500,000 appropriated herein,
    to continue construction of water withdrawal features of the Grand
    Prairie, Arkansas, project.

                            Operation and Maintenance

        For expenses necessary for the operation, maintenance, and care of
    existing river and harbor, flood and storm damage reduction, aquatic
    ecosystem restoration, and related projects authorized by law; for the
    benefit of federally listed species to address the effects of civil
    works projects owned or operated by the United States Army Corps of
    Engineers; for providing security for infrastructure owned and operated
    by, or on behalf of, the United States Army Corps of Engineers,
    including administrative buildings and facilities, laboratories, and
    the Washington Aqueduct; for the maintenance of harbor channels
    provided by a State, municipality, or other public agency that serve
    essential navigation needs of general commerce, where authorized by
    law; and for surveys and charting of northern and northwestern lakes
    and connecting waters, clearing and straightening channels, and removal
    of obstructions to navigation, $1,959,101,000, to remain available
    until expended, of which such sums as are necessary to cover the
    Federal share of operation and maintenance costs for coastal harbors
    and channels shall be derived from the Harbor Maintenance Trust Fund,
    pursuant to Public Law 99-662 may be derived from that fund; of which
    such sums as become available from the special account for the United
    States Army Corps of Engineers established by the Land and Water
    Conservation Act of 1965, as amended (16 U.S.C. 460l-6a(i)), may be
    derived from that account for resource protection, research,
    interpretation, and maintenance activities related to resource
    protection in the areas at which outdoor recreation is available; and
    of which such sums as become available under section 217 of the Water
    Resources Development Act of 1996, Public Law 104-303, shall be used to
    cover the cost of operation and maintenance of the dredged material
    disposal facilities for which fees have been collected: Provided, That
    utilizing funds appropriated herein, for the Intracoastal Waterway,
    Delaware River to Chesapeake Bay, Delaware and Maryland, the Secretary
    of the Army, acting through the Chief of Engineers, is directed to
    reimburse the State of Delaware for normal operation and maintenance
    costs incurred by the State of Delaware for the SR1 Bridge from station
    58+00 to station 293+00 between October 1, 2003, and September 30,
    2004: Provided further, That the Secretary of the Army, acting through
    the Chief of Engineers, is directed to use funds appropriated herein to
    rehabilitate the existing dredged material disposal site for the
    project for navigation, Bodega Bay Harbor, California, and to continue
    maintenance dredging of the Federal channel: Provided further, That the
    Secretary shall make suitable material excavated from the Bodega Bay
    Harbor, California, disposal site as part of the rehabilitation effort
    available to the non-Federal sponsor, at no cost to the Federal
    Government, for use by the non-Federal sponsor in the development of
    public facilities: Provided further, That the Secretary of the Army,
    acting through the Chief of Engineers, is authorized to undertake, at
    full Federal expense, a detailed evaluation of the Albuquerque levees
    for purposes of determining structural integrity, impacts of vegetative
    growth, and performance under current hydrological conditions: Provided
    further, That using $175,000 provided herein, the Secretary of the
    Army, acting through the Chief of Engineers is authorized to remove the
    sunken vessel State of Pennsylvania from the Christina River in
    Delaware: Provided further, That the Corps of Engineers shall not
    allocate any funds to deposit dredged material along the Laguna Madre
    portion of the Gulf Intracoastal Waterway except at the placement areas
    specified in the Dredged Material Management Plan in section 2.11 of
    the Final Environmental Impact Statement for Maintenance Dredging of
    the Gulf Intracoastal Waterway, Laguna Madre, Texas, Nueces, Kleberg,
    Kenedy, Willacy, and Cameron Counties, Texas, prepared by the Corps of
    Engineers dated September 2003: Provided further, That nothing in the
    above proviso shall prevent the Corps of Engineers from performing
    necessary maintenance operations along the Gulf Intracoastal Waterway
    if the following conditions are met: if the Corps proposes to use any
    placement areas that are not currently specified in the Dredged
    Material Management Plan and failure to use such alternative placement
    areas will result in the closure of any segment of the Gulf
    Intracoastal Waterway, then such proposal shall be analyzed in an
    Environmental Impact Statement (EIS) and comply with all other
    applicable requirements of the National Environmental Policy Act, 42
    U.S.C. 4321 et seq., and all other applicable State and Federal laws,
    including the Clean Water Act, 33 U.S.C. 1251 et seq., the Endangered
    Species Act, 16 U.S.C. 1531 et seq., and the Coastal Zone Management
    Act, 16 U.S.C. 1451 et seq.: Provided further, That, of the funds made
    available, $7,000,000 is to be used to perform work authorized in
    section 136 of Public Law 108-357.

                                Regulatory Program

        For expenses necessary for administration of laws pertaining to
    regulation of navigable waters and wetlands, $145,000,000, to remain
    available until expended.

                 Formerly Utilized Sites Remedial Action Program

        For expenses necessary to clean up contamination from sites in the
    United States resulting from work performed as part of the Nation's
    early atomic energy program, $165,000,000, to remain available until
    expended.

                                 General Expenses

        For expenses necessary for general administration and related civil
    works functions in the headquarters of the United States Army Corps of
    Engineers, the offices of the Division Engineers, the Humphreys
    Engineer Center Support Activity, the Institute for Water Resources,
    the United States Army Engineer Research and Development Center, and
    the United States Army Corps of Engineers Finance Center, $167,000,000,
    to remain available until expended: Provided, That no part of any other
    appropriation provided in title I of this Act shall be available to
    fund the civil works activities of the Office of the Chief of Engineers
    or the civil works executive direction and management activities of the
    division offices: Provided further, That none of these funds shall be
    available to support an office of congressional affairs within the
    executive office of the Chief of Engineers.

             Office of Assistant Secretary of the Army (Civil Works)

        For expenses necessary for the Office of Assistant Secretary of the
    Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $4,000,000.

                             Administrative Provision

        Appropriations in this title shall be available for official
    reception and representation expenses (not to exceed $5,000); and
    during the current fiscal year the Revolving Fund, Corps of Engineers,
    shall be available for purchase (not to exceed 100 for replacement
    only) and hire of passenger motor vehicles.

                                GENERAL PROVISIONS

                            Corps of Engineers--Civil

        Sec. 101. Beginning in fiscal year 2005 and thereafter, agreements
    proposed for execution by the Assistant Secretary of the Army for Civil
    Works or the United States Army Corps of Engineers after the date of
    the enactment of this Act pursuant to section 4 of the Rivers and
    Harbor Act of 1915, Public Law 64-291; section 11 of the River and
    Harbor Act of 1925, Public Law 68-585; the Civil Functions
    Appropriations Act, 1936, Public Law 75-208; section 215 of the Flood
    Control, Act of 1968, as amended, Public Law 90-483; sections 104, 203,
    and 204 of the Water Resources Development Act of 1986, as amended,
    Public Law 99-662; section 206 of the Water Resources Development Act
    of 1992, as amended, Public Law 102-580; section 211 of the Water
    Resources Development Act of 1996, Public Law 104-303; and any other
    specific project authority, shall be limited to credits and
    reimbursements per project not to exceed $10,000,000 in each fiscal
    year, and total credits and reimbursements for all applicable projects
    not to exceed $50,000,000 in each fiscal year, except that for
    environmental infrastructure projects, the $10,000,000 limitation shall
    apply to each State wherein such projects are undertaken.
        Sec. 102. None of the funds appropriated in this or any other Act
    may be used by the United States Army Corps of Engineers to support
    activities related to the proposed Ridge Landfill in Tuscarawas County,
    Ohio.
        Sec. 103. None of the funds appropriated in this or any other Act
    shall be used to demonstrate or implement any plans divesting or
    transferring any Civil Works missions, functions, or responsibilities
    of the United States Army Corps of Engineers to other government
    agencies without specific direction in a subsequent Act of Congress.
        Sec. 104. Alamogordo, New Mexico. The project for flood protection
    at Alamogordo, New Mexico, authorized by the Flood Control Act of 1962
    (Public Law 87-874), is modified to authorize and direct the Secretary
    to construct a flood detention basin to protect the north side of the
    City of Alamogordo, New Mexico, from flooding. The flood detention
    basin shall be constructed to provide protection from a 100-year flood
    event. The project cost share for the flood detention basin shall be
    consistent with section 103(a) of the Water Resources Development Act
    of 1986, notwithstanding section 202(a) of the Water Resources
    Development Act of 1996.
        Sec. 105. None of the funds appropriated in this or any other Act
    may be used by the United States Army Corps of Engineers to support
    activities related to the proposed Indian Run Sanitary Landfill in
    Sandy Township, Stark County, Ohio.
        Sec. 106. St. Georges Bridge, Delaware. None of the funds made
    available in this Act may be used to carry out any activity relating to
    closure or removal of the St. Georges Bridge across the Intracoastal
    Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland,
    including a hearing or any other activity relating to preparation of an
    environmental impact statement concerning the closure or removal.
        Sec. 107. Water Reallocation, Lake Cumberland, Kentucky. (a) In
    General.--Subject to subsection (b), none of the funds made available
    by this Act may be used to carry out any water reallocation project or
    component under the Wolf Creek Project, Lake Cumberland, Kentucky,
    authorized under the Act of June 28, 1938 (52 Stat. 1215, chapter 795)
    and the Act of July 24, 1946 (60 Stat. 636, chapter 595).
        (b) Existing Reallocations.--Subsection (a) shall not apply to any
    water reallocation for Lake Cumberland, Kentucky, that is carried out
    subject to an agreement or payment schedule in effect on the date of
    enactment of this Act.
        Sec. 108. Lake Tahoe Basin Restoration, Nevada and California. (a)
    Definition.--In this section, the term ``Lake Tahoe Basin'' means the
    entire watershed drainage of Lake Tahoe including that portion of the
    Truckee River 1,000 feet downstream from the United States Bureau of
    Reclamation dam in Tahoe City, California.
        (b) Establishment of Program.--The Secretary may establish a
    program for providing environmental assistance to non-Federal interests
    in Lake Tahoe Basin.
        (c) Form of Assistance.--Assistance under this section may be in
    the form of planning, design, and construction assistance for water-
    related environmental infrastructure and resource protection and
    development projects in Lake Tahoe Basin--
            (1) urban stormwater conveyance, treatment and related
        facilities;
            (2) watershed planning, science and research;
            (3) environmental restoration; and
            (4) surface water resource protection and development.
        (d) Public Ownership Requirement.--The Secretary may provide
    assistance for a project under this section only if the project is
    publicly owned.
        (e) Local Cooperation Agreement.--
            (1) In general.--Before providing assistance under this
        section, the Secretary shall enter into a local cooperation
        agreement with a non-Federal interest to provide for design and
        construction of the project to be carried out with the assistance.
            (2) Requirements.--Each local cooperation agreement entered
        into under this subsection shall provide for the following:
                (A) Plan.--Development by the Secretary, in consultation
            with appropriate Federal and State and Regional officials, of
            appropriate environmental documentation, engineering plans and
            specifications.
                (B) Legal and institutional structures.--Establishment of
            such legal and institutional structures as are necessary to
            ensure the effective long-term operation of the project by the
            non-Federal interest.
            (3) Cost sharing.--
                (A) In general.--The Federal share of project costs under
            each local cooperation agreement entered into under this
            subsection shall be 75 percent. The Federal share may be in the
            form of grants or reimbursements of project costs.
                (B) Credit for design work.--The non-Federal interest shall
            receive credit for the reasonable costs of planning and design
            work completed by the non-Federal interest before entering into
            a local cooperation agreement with the Secretary for a project.
                (C) Land, easements, rights-of-way, and relocations.--The
            non-Federal interest shall receive credit for land, easements,
            rights-of-way, and relocations provided by the non-Federal
            interest toward the non-Federal share of project costs
            (including all reasonable costs associated with obtaining
            permits necessary for the construction, operation, and
            maintenance of the project on publicly owned or controlled
            land), but not to exceed 25 percent of total project costs.
                (D) Operation and maintenance.--The non-Federal share of
            operation and maintenance costs for projects constructed with
            assistance provided under this section shall be 100 percent.
        (f) Applicability of Other Federal and State Laws.--Nothing in this
    section waives, limits, or otherwise affects the applicability of any
    provision of Federal or State law that would otherwise apply to a
    project to be carried out with assistance provided under this section.
        (g) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section for the period beginning with
    fiscal year 2005, $25,000,000, to remain available until expended.
        Sec. 109. Watershed Management and Development. Section 503 of the
    Water Resources Development Act of 1996 (110 Stat. 3756) is amended in
    subsection (c) by inserting the following: ``The non-Federal share of
    the cost to provide assistance for the Lake Tahoe watershed, California
    and Nevada, and Walker River Basin, Nevada may be provided as work-in-
    kind.''.
        Sec. 110. The Assistant Secretary of the Army for Civil Works shall
    enter into an agreement with the Orange County Water District, Orange
    County, California for purposes of water conservation storage and
    operations to provide at a minimum a conservation level up to elevation
    498 feet mean sea level during the flood season, and up to elevation
    505 feet mean sea level during the non-flood season at Prado Dam,
    California. The Orange County Water District shall pay to the
    Government only the separable costs associated with implementation and
    operation and maintenance of Prado Dam for water conservation.
        Sec. 111. Black Warrior-Tombigbee Rivers, Alabama. (a) In
    General.--The Secretary is authorized to construct a new project
    management office located in the city of Tuscaloosa, Alabama, at a
    location within the vicinity of the city, at full Federal expense.
        (b) Transfer of Land and Structures.--The Secretary is authorized
    to convey, or otherwise transfer to the City of Tuscaloosa, Alabama, at
    fair market value, the land and structures associated with the existing
    project management office, if the city agrees to assume full
    responsibility for demolition of the existing project management
    office.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out subsection (a) $32,000,000.
        Sec. 112. Within 75 days of the date of the Chief of Engineers
    Report on a water resource matter, the Assistant Secretary of the Army
    (Civil Works) shall submit the report to the appropriate authorizing
    and appropriating committees of the Congress.
        Sec. 113. Within 90 days of the date of enactment of this Act, the
    Assistant Secretary of the Army (Civil Works) shall transmit to
    Congress his report on any water resources matter on which the Chief of
    Engineers has reported.
        Sec. 114. Coastal Wetland Conservation Project Funding. (a)
    Funding.--Section 306 of the Coastal Wetlands Planning, Protection, and
    Restoration Act (16 U.S.C. 3955) is amended--
            (1) in subsection (a), by striking ``, not to exceed
        $70,000,000,'';
            (2) in subsection (b), by striking ``, not to exceed
        $15,000,000''; and
            (3) in subsection (c), by striking ``, not to exceed
        $15,000,000,''.
        (b) Period of Authorization.--Section 4(a) of the Dingell-Johnson
    Sport Fish Restoration Act (16 U.S.C. 777c(a)) is amended in the second
    sentence by striking ``2009'' and inserting ``2019''.
        Sec. 115. The Secretary of the Army, acting through the Chief of
    Engineers, is directed to design and construct a marina and associated
    facilities project capable of remaining in operation through extended
    drought conditions at Federal expense at Lake Sakakawea, North Dakota.
        Sec. 116. Central City, Fort Worth, Texas. The project for flood
    control and other purposes on the Trinity River and Tributaries, Texas,
    authorized by the River and Harbor Act of 1965 (Public Law 89-298), as
    modified, is further modified to authorize the Secretary to undertake
    the Central City River Project, as generally described in the Trinity
    River Vision Master Plan, dated April 2003, as amended, at a total cost
    not to exceed $220,000,000, at a Federal cost of $110,000,000, and a
    non-Federal cost of $110,000,000, if the Secretary determines the work
    is technically sound and environmentally acceptable. The cost of work
    undertaken by the non-Federal interests before the date of execution of
    a project cooperation agreement shall be credited against the non-
    Federal share of project costs if the Secretary determines that the
    work is integral to the project.
        Sec. 117. Notwithstanding any other provision of law, the Secretary
    of the Army is authorized to carry out, at full Federal expense,
    structural and non-structural projects for storm damage prevention and
    reduction, coastal erosion, and ice and glacial damage in Alaska,
    including relocation of affected communities and construction of
    replacement facilities.
        Sec. 118. Cook Inlet, Alaska. (a) Anchorage Harbor.--
            (1) Harbor depth.--The project for navigation improvements,
        Cook Inlet, Alaska (Anchorage Harbor, Alaska), authorized by
        section 101 of the River and Harbor Act of 1958 (72 Stat. 299) and
        modified by section 199 of the Water Resources Development Act of
        1976 (90 Stat. 2944), is further modified to direct the Secretary
        of the Army to construct a harbor depth of minus 45 feet mean lower
        low water for a length of 10,860 feet at the modified Port of
        Anchorage intermodal marine facility at each phase of facility
        modification as such phases are completed and thereafter as the
        entire project is completed.
            (2) Cost-sharing.--If the Secretary determines that the
        modified Port of Anchorage will be used by vessels operated by the
        Department of Defense that have a draft of greater than 35 feet,
        the modification referred to in paragraph (1) shall be at full
        Federal expense.
            (3) Transitional dredging.--Before completion of the project
        modification described in paragraph (1), the Secretary may conduct
        dredging to a depth of at least minus 35 feet mean lower low water
        in such locations as will allow maintenance of navigation and
        vessel access to the Port of Anchorage intermodal marine facility
        during modification of such facility. Such work shall be carried
        out by the Secretary in accordance with section 101 of the River
        and Harbor Act of 1958.
            (4) Facilitating facility modification.--Before establishing
        the harbor depth of minus 45 feet mean lower low water, the
        Secretary may undertake dredging in accordance with section 101 of
        the River and Harbor Act of 1958 within the design footprint of the
        modified intermodal marine facility referred to in paragraph (1) to
        facilitate modification. The Secretary may carry out such dredging
        as part of operation and maintenance of the project modified by
        paragraph (1).
            (5) Maintenance.--Federal maintenance shall continue for the
        existing project until the modified intermodal marine facility is
        completed. Federal maintenance of the modified project shall be in
        accordance with section 101 of the River and Harbor Act of 1958;
        except that the project shall be maintained at a depth of minus 45
        feet mean lower low water for 10,860 feet referred to in paragraph
        (1).
        (b) Navigation Channel.--The Secretary shall modify the channel in
    the exiting Cook Inlet Navigation Channel approach to Anchorage Harbor,
    Alaska, to run the entire length of Fire Island Range and Point
    Woronzof Range and shall modify the depth of that channel to minus 45
    feet mean lower low water. The channel shall be maintained at a depth
    of minus 45 feet mean lower low water.
        (c) Hydrodynamic Modeling.--The Secretary shall carry out
    hydrodynamic modeling of the Knik Arm to identify causes of, and
    measures to address, shoaling at the Port of Anchorage, at a total cost
    of $3,000,000.
        (d) Alternatives Analysis.--No alternative other than the
    alternative authorized in this section shall be considered in any
    analysis of the modified project to be carried out by the Secretary in
    accordance with this section.
        Sec. 119. Northern Wisconsin. Section 154(c) of title I of division
    B of the Miscellaneous Appropriations Act, 2001, enacted into law by
    the Consolidated Appropriations Act, 2001 (114 Stat. 2763A-252), is
    amended--
            (1) by inserting after ``design'' the following: ``,
        construction,''; and
            (2) by inserting before ``wastewater treatment'' the following:
        ``navigation and inland harbor improvement and expansion,''.
        Sec. 120. St. Croix Falls Environmental Infrastructure, Wisconsin.
    Additional Assistance.--Section 219(f) of the Water Resources
    Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 335;
    114 Stat. 2763A-220) is amended by adding at the end the following:
            ``(73) St. Croix Falls, Wisconsin.--$5,000,000 for waste water
        infrastructure, St. Croix Falls, Wisconsin.''.
        Sec. 121. Burns Harbor, Indiana. The Secretary of the Army, acting
    through the Chief of Engineers, is authorized and directed to dredge
    sediments, at 100 percent Federal cost, in the vicinity of the Bailey
    (NIPSCO) intake structure that is approximately 5,000 feet east of and
    2,300 feet north of the northern most point of the Burns Waterway
    Harbor Breakwater authorized by Public Law 89-298.
        Sec. 122. (a) The Secretary of the Army, acting through the Chief
    of Engineers, is authorized and directed to transfer the unexpended
    balance of funds appropriated in fiscal years 2003 and 2004 for the
    Duck River Water Supply Infrastructure Project, Cullman, Alabama, to
    the Appalachian Regional Commission.
        (b) Funds transferred pursuant to subsection (a) of this section
    may be used for planning, engineering, and construction activities on
    the Duck River Water Supply Infrastructure Project under the Memorandum
    of Agreement between the Appalachian Regional Commission and the Army
    Corps of Engineers and may be used to reimburse the City of Cullman,
    Alabama, for expenses incurred by the City for planning and
    environmental work associated with the Project.
        Sec. 123. With the funds previously provided under the account
    heading ``Flood Control and Coastal Emergencies'', the Secretary of the
    Army, acting through the Chief of Engineers is directed to provide
    assistance to Yakutat, Alaska Dam.
        Sec. 124. The Secretary of the Army, acting through the Chief of
    Engineers, shall not implement changes to existing shoreline protection
    policies that have not been specifically authorized by Congress.

                                    TITLE II

                           DEPARTMENT OF THE INTERIOR

                              Central Utah Project

                     Central Utah Project Completion Account

        For carrying out activities authorized by the Central Utah Project
    Completion Act, $46,275,000, to remain available until expended, of
    which $15,469,000 shall be deposited into the Utah Reclamation
    Mitigation and Conservation Account for use by the Utah Reclamation
    Mitigation and Conservation Commission.
        In addition, for necessary expenses incurred in carrying out
    related responsibilities of the Secretary of the Interior, $1,734,000,
    to remain available until expended.

                             Bureau of Reclamation

        The following appropriations shall be expended to execute
    authorized functions of the Bureau of Reclamation:

                           Water and Related Resources

                          (INCLUDING TRANSFER OF FUNDS)

        For management, development, and restoration of water and related
    natural resources and for related activities, including the operation,
    maintenance, and rehabilitation of reclamation and other facilities,
    participation in fulfilling related Federal responsibilities to Native
    Americans, and related grants to, and cooperative and other agreements
    with, State and local governments, Indian tribes, and others,
    $859,481,000, to remain available until expended, of which $53,299,000
    shall be available for transfer to the Upper Colorado River Basin Fund
    and $33,794,000 shall be available for transfer to the Lower Colorado
    River Basin Development Fund; of which such amounts as may be necessary
    may be advanced to the Colorado River Dam Fund; of which not more than
    $500,000 is for high priority projects which shall be carried out by
    the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided
    further, That such transfers may be increased or decreased within the
    overall appropriation under this heading: Provided further, That of the
    total appropriated, the amount for program activities can be financed
    by the Reclamation Fund or the Bureau of Reclamation special fee
    account established by 16 U.S.C. 460l-6a(i) shall be derived from that
    Fund or account: Provided further, That funds contributed under 43
    U.S.C. 395 are available until expended for the purposes for which
    contributed: Provided further, That $250,000 is provided under the
    Weber Basin project for the Park City, Utah feasibility study: Provided
    further, That funds advanced under 43 U.S.C. 397a shall be credited to
    this account and are available until expended for the same purposes as
    the sums appropriated under this heading: Provided further, That funds
    available for expenditure for the Departmental Irrigation Drainage
    Program may be expended by the Bureau of Reclamation for site
    remediation on a non-reimbursable basis.

                     Central Valley Project Restoration Fund

        For carrying out the programs, projects, plans, and habitat
    restoration, improvement, and acquisition provisions of the Central
    Valley Project Improvement Act, $54,695,000, to be derived from such
    sums as may be collected in the Central Valley Project Restoration Fund
    pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
    Public Law 102-575, to remain available until expended: Provided, That
    the Bureau of Reclamation is directed to assess and collect the full
    amount of the additional mitigation and restoration payments authorized
    by section 3407(d) of Public Law 102-575: Provided further, That none
    of the funds made available under this heading may be used for the
    acquisition or leasing of water for in-stream purposes if the water is
    already committed to in-stream purposes by a court adopted decree or
    order.

                            Policy and Administration

        For necessary expenses of policy, administration, and related
    functions in the office of the Commissioner, the Denver office, and
    offices in the five regions of the Bureau of Reclamation, to remain
    available until expended, $58,153,000 to be derived from the
    Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
    Provided, That no part of any other appropriation in this Act shall be
    available for activities or functions budgeted as policy and
    administration expenses.

                            ADMINISTRATIVE PROVISIONS

        Appropriations for the Bureau of Reclamation shall be available for
    purchase of not to exceed 14 passenger motor vehicles, of which 11 are
    for replacement only.

                 General Provisions, Department of the Interior

        Sec. 201. (a) None of the funds appropriated or otherwise made
    available by this Act may be used to determine the final point of
    discharge for the interceptor drain for the San Luis Unit until
    development by the Secretary of the Interior and the State of
    California of a plan, which shall conform to the water quality
    standards of the State of California as approved by the Administrator
    of the Environmental Protection Agency, to minimize any detrimental
    effect of the San Luis drainage waters.
        (b) The costs of the Kesterson Reservoir Cleanup Program and the
    costs of the San Joaquin Valley Drainage Program shall be classified by
    the Secretary of the Interior as reimbursable or nonreimbursable and
    collected until fully repaid pursuant to the ``Cleanup Program-
    Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
    Plan'' described in the report entitled ``Repayment Report, Kesterson
    Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
    February 1995'', prepared by the Department of the Interior, Bureau of
    Reclamation. Any future obligations of funds by the United States
    relating to, or providing for, drainage service or drainage studies for
    the San Luis Unit shall be fully reimbursable by San Luis Unit
    beneficiaries of such service or studies pursuant to Federal
    reclamation law.
        Sec. 202. None of the funds appropriated or otherwise made
    available by this or any other Act may be used to pay the salaries and
    expenses of personnel to purchase or lease water in the Middle Rio
    Grande or the Carlsbad Projects in New Mexico unless said purchase or
    lease is in compliance with the purchase requirements of section 202 of
    Public Law 106-60.
        Sec. 203. Lower Colorado River Basin Development. (a) In General.--
    Notwithstanding section 403(f) of the Colorado River Basin Project Act
    (43 U.S.C. 1543(f)), no amount from the Lower Colorado River Basin
    Development Fund shall be paid to the general fund of the Treasury
    until each provision of the revised Stipulation Regarding a Stay and
    for Ultimate Judgment Upon the Satisfaction of Conditions, filed in
    United States District Court on April 24, 2003, in Central Arizona
    Water Conservation District v. United States (No. CIV 95-625-TUC-WDB
    (EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)), and any
    amendment or revision thereof, is met.
        (b) Payment to General Fund.--If any of the provisions of the
    stipulation referred to in subsection (a) are not met by the date that
    is 10 years after the date of enactment of this Act, payments to the
    general fund of the Treasury shall resume in accordance with section
    403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)).
        (c) Authorization.--Amounts in the Lower Colorado River Basin
    Development Fund that but for this section would be returned to the
    general fund of the Treasury shall not be expended until further Act of
    Congress.
        Sec. 204. Funds under this title for Drought Emergency Assistance
    shall be made available primarily for leasing of water for specified
    drought related purposes from willing lessors, in compliance with
    existing State laws and administered under State water priority
    allocation. Such leases may be entered into with an option to purchase:
    Provided, That such purchase is approved by the State in which the
    purchase takes place and the purchase does not cause economic harm
    within the State in which the purchase is made.
        Sec. 205. (a) Notwithstanding any other provision of law and
    hereafter, the Secretary of the Interior, acting through the
    Commissioner of the Bureau of Reclamation, may not obligate funds, and
    may not use discretion, if any, to restrict, reduce or reallocate any
    water stored in Heron Reservoir or delivered pursuant to San Juan-Chama
    Project contracts, including execution of said contracts facilitated by
    the Middle Rio Grande Project, to meet the requirements of the
    Endangered Species Act, unless such water is acquired or otherwise made
    available from a willing seller or lessor and the use is in compliance
    with the laws of the State of New Mexico, including but not limited to,
    permitting requirements.
        (b) Complying with the reasonable and prudent alternatives and the
    incidental take limits defined in the Biological Opinion released by
    the United States Fish and Wildlife Service dated March 17, 2003
    combined with efforts carried out pursuant to Public Law 106-377,
    Public Law 107-66, and Public Law 108-7 fully meet all requirements of
    the Endangered Species Act (16 U.S.C. 1531 et seq.) for the
    conservation of the Rio Grande Silvery Minnow (Hybognathus amarus) and
    the Southwestern Willow Flycatcher (Empidonax trailii extimus) on the
    Middle Rio Grande in New Mexico.
        (c) This section applies only to those Federal agencies and non-
    Federal actions addressed in the March 17, 2003 Biological Opinion.
        (d) Subsection (b) will remain in effect until March 16, 2013.
        Sec. 206. The Secretary of the Interior, acting through the
    Commissioner of the Bureau of Reclamation, is authorized to enter into
    grants, cooperative agreements, and other agreements with irrigation or
    water districts and States to fund up to 50 percent of the cost of
    planning, designing, and constructing improvements that will conserve
    water, increase water use efficiency, or enhance water management
    through measurement or automation, at existing water supply projects
    within the States identified in the Act of June 17, 1902, as amended,
    and supplemented: Provided, That when such improvements are to
    federally owned facilities, such funds may be provided in advance on a
    non-reimbursable basis to an entity operating affected transferred
    works or may be deemed non-reimbursable for non-transferred works:
    Provided further, That the calculation of the non-Federal contribution
    shall provide for consideration of the value of any in-kind
    contributions, but shall not include funds received from other Federal
    agencies: Provided further, That the cost of operating and maintaining
    such improvements shall be the responsibility of the non-Federal
    entity: Provided further, That this section shall not supercede any
    existing project-specific funding authority: Provided further, That the
    Secretary is also authorized to enter into grants or cooperative
    agreements with universities or non-profit research institutions to
    fund water use efficiency research.
        Sec. 207. Animas-La Plata Non-Indian Sponsor Obligations. In
    accordance with the nontribal repayment obligation specified in
    Subsection 6(a)(3)(B) of the Colorado Ute Indian Rights Settlement Act
    of 1988 (Public Law 100-585), as amended by the Colorado Ute Settlement
    Act Amendments of 2000 (Public Law 106-554), the reimbursable cost upon
    which the cost allocation shall be based shall not exceed $43,000,000,
    plus interest during construction for those parties not utilizing the
    up front payment option, of the first $500,000,000 (January 2003 price
    level) of the total project costs. Consequently, the Secretary may
    forgive the obligation of the non-Indian sponsors relative to the
    $163,000,000 increase in estimated total project costs that occurred in
    2003.
        Sec. 208. Montana Water Contracts Extension. (a) Authority to
    Extend.--The Secretary of the Interior may extend each of the water
    contracts listed in subsection (b) until the earlier of--
            (1) the expiration of the 2-year period beginning on the date
        on which the contract would expire but for this section; or
            (2) the date on which a new long-term water contract is
        executed by the parties to the contract listed in subsection (b).
        (b) Extended Contracts.--The water contracts referred to in
    subsection (a) are the following:
            (1) Contract Number 14-06-600-2078, as amended, for purchase of
        water between the United States of America and the City of Helena,
        Montana.
            (2) Contract Number 14-06-600-2079, as amended, between the
        United States of America and the Helena Valley Irrigation District
        for water service.
            (3) Contract Number 14-06-600-8734, as amended, between the
        United States of America and the Toston Irrigation District for
        water service.
            (4) Contract Number 14-06-600-3592, as amended, between the
        United States and the Clark Canyon Water Supply Company, Inc., for
        water service and for a supplemental supply.
            (5) Contract Number 14-06-600-3593, as amended, between the
        United States and the East Bench Irrigation District for water
        service.

                                   TITLE III

                              DEPARTMENT OF ENERGY

                                ENERGY PROGRAMS

                                 Energy Supply

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for energy supply activities in carrying out the
    purposes of the Department of Energy Organization Act (42 U.S.C. 7101
    et seq.), including the acquisition or condemnation of any real
    property or any facility or for plant or facility acquisition,
    construction, or expansion, and the purchase of not to exceed 9
    passenger motor vehicles for replacement only, and one ambulance,
    $946,272,000, to remain available until expended.

                    Non-Defense Site Acceleration Completion

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses necessary for non-defense environmental management site
    acceleration completion activities in carrying out the purposes of the
    Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or any
    facility or for plant or facility acquisition, construction, or
    expansion, $151,850,000, to remain available until expended.

          Uranium Enrichment Decontamination and Decommissioning Fund

        For necessary expenses in carrying out uranium enrichment facility
    decontamination and decommissioning, remedial actions, and other
    activities of title II of the Atomic Energy Act of 1954, as amended,
    and title X, subtitle A, of the Energy Policy Act of 1992,
    $499,007,000, to be derived from the Fund, to remain available until
    expended, of which $80,000,000 shall be available in accordance with
    title X, subtitle A, of the Energy Policy Act of 1992.

                       Non-Defense Environmental Services

        For Department of Energy expenses necessary for non-defense
    environmental services activities that indirectly support the
    accelerated cleanup and closure mission at environmental management
    sites, including the purchase, construction, and acquisition of plant
    and capital equipment and other necessary expenses, $291,296,000, to
    remain available until expended.

                                    Science

        For Department of Energy expenses including the purchase,
    construction and acquisition of plant and capital equipment, and other
    expenses necessary for science activities in carrying out the purposes
    of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or
    facility or for plant or facility acquisition, construction, or
    expansion, and purchase of not to exceed four passenger motor vehicles
    for replacement only, including not to exceed one ambulance,
    $3,628,902,000, to remain available until expended.

                             Nuclear Waste Disposal

        For nuclear waste disposal activities to carry out the purposes of
    Public Law 97-425, as amended, including the acquisition of real
    property or facility construction or expansion, $346,000,000, to remain
    available until expended: Provided, That of the funds made available in
    this Act for Nuclear Waste Disposal, $2,000,000 shall be provided to
    the State of Nevada solely for expenditures, other than salaries and
    expenses of State employees, to conduct scientific oversight
    responsibilities and participate in licensing activities pursuant to
    the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended:
    Provided further, That $8,000,000 shall be provided to affected units
    of local governments, as defined in Public Law 97-425, to conduct
    scientific oversight responsibilities and participate in licensing
    activities pursuant to the Act: Provided further, That the distribution
    of the funds as determined by the units of local government shall be
    approved by the Department of Energy: Provided further, That the funds
    for the State of Nevada shall be made available solely to the Nevada
    Division of Emergency Management by direct payment and units of local
    government by direct payment: Provided further, That within 90 days of
    the completion of each Federal fiscal year, the Nevada Division of
    Emergency Management and the Governor of the State of Nevada and each
    local entity shall provide certification to the Department of Energy
    that all funds expended from such payments have been expended for
    activities authorized by Public Law 97-425 and this Act: Provided
    further, That failure to provide such certification shall cause such
    entity to be prohibited from any further funding provided for similar
    activities: Provided further, That none of the funds herein
    appropriated may be: (1) used directly or indirectly to influence
    legislative action on any matter pending before Congress or a State
    legislature or for lobbying activity as provided in 18 U.S.C. 1913; (2)
    used for litigation expenses; or (3) used to support multi-State
    efforts or other coalition building activities inconsistent with the
    restrictions contained in this Act: Provided further, That all proceeds
    and recoveries realized by the Secretary in carrying out activities
    authorized by the Nuclear Waste Policy Act of 1982, Public Law 97-425,
    as amended, including but not limited to, any proceeds from the sale of
    assets, shall be available without further appropriation and shall
    remain available until expended.

                          Departmental Administration

                          (including transfer of funds)

        For salaries and expenses of the Department of Energy necessary for
    departmental administration in carrying out the purposes of the
    Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the hire of passenger motor vehicles and official reception
    and representation expenses (not to exceed $35,000), $240,426,000, to
    remain available until expended, plus such additional amounts as
    necessary to cover increases in the estimated amount of cost of work
    for others notwithstanding the provisions of the Anti-Deficiency Act
    (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
    are offset by revenue increases of the same or greater amount, to
    remain available until expended: Provided further, That moneys received
    by the Department for miscellaneous revenues estimated to total
    $122,000,000 in fiscal year 2005 may be retained and used for operating
    expenses within this account, and may remain available until expended,
    as authorized by section 201 of Public Law 95-238, notwithstanding the
    provisions of 31 U.S.C. 3302: Provided further, That the sum herein
    appropriated shall be reduced by the amount of miscellaneous revenues
    received during fiscal year 2005, and any related unappropriated
    receipt account balances remaining from prior years' miscellaneous
    revenues, so as to result in a final fiscal year 2005 appropriation
    from the general fund estimated at not more than $118,426,000.

                        Office of the Inspector General

        For necessary expenses of the Office of the Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $41,508,000, to remain available until expended.

                        ATOMIC ENERGY DEFENSE ACTIVITIES

                    National Nuclear Security Administration

                               Weapons Activities

                          (including transfer of funds)

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    incidental expenses necessary for atomic energy defense weapons
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion; and the purchase of
    not to exceed 19 passenger motor vehicles, for replacement only,
    including not to exceed two buses; $6,226,471,000, together with
    $300,000,000 to be derived by transfer from the Department of Defense,
    to remain available until expended: Provided, That the Secretary of
    Defense shall reduce proportionately each program, project, and
    activity funded by appropriations in titles I through VI of the
    Department of Defense Appropriations Act, 2005 (Public Law 108-287) to
    fund this transfer: Provided further, That $91,100,000 is authorized to
    be appropriated for Project 01-D-108, Microsystems and engineering
    sciences applications (MESA), Sandia National Laboratories,
    Albuquerque, New Mexico: Provided further, That $40,000,000 is
    authorized to be appropriated for Project 04-D-125, chemistry and
    metallurgy facility replacement project, Los Alamos Laboratory, Los
    Alamos, New Mexico: Provided further, That $1,500,000 is authorized to
    be appropriated for Project 04-D-103, Project engineering and design
    (PED), various locations: Provided further, That a plant or
    construction project for which amounts are made available under this
    heading but not exclusive to the Atomic Energy Defense Weapons
    Activities account, with a current estimated cost of less than
    $10,000,000 is considered for purposes of section 3622 of Public Law
    107-314 as a plant project for which the approved total estimated cost
    does not exceed the minor construction threshold and for purposes of
    section 3623 of Public Law 107-314 as a construction project with a
    current estimated cost of less than the minor construction threshold.

                        Defense Nuclear Nonproliferation

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    incidental expenses necessary for atomic energy defense, defense
    nuclear nonproliferation activities, in carrying out the purposes of
    the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or any
    facility or for plant or facility acquisition, construction, or
    expansion, $1,420,397,000, to remain available until expended.

                                 Naval Reactors

        For Department of Energy expenses necessary for naval reactors
    activities to carry out the Department of Energy Organization Act (42
    U.S.C. 7101 et seq.), including the acquisition (by purchase,
    condemnation, construction, or otherwise) of real property, plant, and
    capital equipment, facilities, and facility expansion, $807,900,000, to
    remain available until expended.

                          Office of the Administrator

        For necessary expenses of the Office of the Administrator in the
    National Nuclear Security Administration, including official reception
    and representation expenses (not to exceed $12,000), $356,200,000, to
    remain available until expended.

                   ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                      Defense Site Acceleration Completion

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses necessary for atomic energy defense site acceleration
    completion activities in carrying out the purposes of the Department of
    Energy Organization Act (42 U.S.C. 7101 et seq.), including the
    acquisition or condemnation of any real property or any facility or for
    plant or facility acquisition, construction, or expansion,
    $6,096,429,000, to remain available until expended.

                         Defense Environmental Services

        For Department of Energy expenses necessary for defense-related
    environmental services activities that indirectly support the
    accelerated cleanup and closure mission at environmental management
    sites, including the purchase, construction, and acquisition of plant
    and capital equipment and other necessary expenses, and the purchase of
    not to exceed three ambulances for replacement only, $937,976,000, to
    remain available until expended.

                            Other Defense Activities

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses, necessary for atomic energy defense, other defense
    activities, and classified activities, in carrying out the purposes of
    the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or any
    facility or for plant or facility acquisition, construction, or
    expansion, $692,691,000, to remain available until expended.

                         Defense Nuclear Waste Disposal

        For nuclear waste disposal activities to carry out the purposes of
    Public Law 97-425, as amended, including the acquisition of real
    property or facility construction or expansion, $231,000,000, to remain
    available until expended.

                        POWER MARKETING ADMINISTRATIONS

                      Bonneville Power Administration Fund

        Expenditures from the Bonneville Power Administration Fund,
    established pursuant to Public Law 93-454, are approved for official
    reception and representation expenses in an amount not to exceed
    $1,500. During fiscal year 2005, no new direct loan obligations may be
    made.

          Operation and Maintenance, Southeastern Power Administration

        For necessary expenses of operation and maintenance of power
    transmission facilities and of marketing electric power and energy,
    including transmission wheeling and ancillary services, pursuant to the
    provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C.
    825s), as applied to the southeastern power area, $5,200,000, to remain
    available until expended: Provided, That notwithstanding the provisions
    of 31 U.S.C. 3302, up to $34,000,000 collected by the Southeastern
    Power Administration pursuant to the Flood Control Act of 1944 to
    recover purchase power and wheeling expenses shall be credited to this
    account as offsetting collections, to remain available until expended
    for the sole purpose of making purchase power and wheeling
    expenditures.

          Operation and Maintenance, Southwestern Power Administration

        For necessary expenses of operation and maintenance of power
    transmission facilities and of marketing electric power and energy, for
    construction and acquisition of transmission lines, substations and
    appurtenant facilities, and for administrative expenses, including
    official reception and representation expenses in an amount not to
    exceed $1,500 in carrying out the provisions of section 5 of the Flood
    Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern
    power area, $29,352,000, to remain available until expended: Provided,
    That, notwithstanding the provisions of 31 U.S.C. 3302, up to
    $2,900,000 collected by the Southwestern Power Administration pursuant
    to the Flood Control Act to recover purchase power and wheeling
    expenses shall be credited to this account as offsetting collections,
    to remain available until expended for the sole purpose of making
    purchase power and wheeling expenditures; in addition, notwithstanding
    31 U.S.C. 3302, beginning in fiscal year 2005 and thereafter, such
    funds as are received by the Southwestern Power Administration from any
    State, municipality, corporation, association, firm, district, or
    individual as advance payment for work that is associated with
    Southwestern's transmission facilities, consistent with that authorized
    in section 5 of the Flood Control Act, shall be credited to this
    account and be available until expended.

     Construction, Rehabilitation, Operation and Maintenance, Western Area
                              Power Administration

        For carrying out the functions authorized by title III, section
    302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
    related activities including conservation and renewable resources
    programs as authorized, including official reception and representation
    expenses in an amount not to exceed $1,500; $173,100,000, to remain
    available until expended, of which $167,236,000 shall be derived from
    the Department of the Interior Reclamation Fund: Provided, That of the
    amount herein appropriated, $10,000,000 shall be available until
    expended on a nonreimbursable basis to the Western Area Power
    Administration to design, construct, operate and maintain transmission
    facilities and services for the Animas-LaPlata Project as authorized by
    section 301(b)(10) of Public Law 106-554: Provided further, That of the
    amount herein appropriated, $6,200,000 is for deposit into the Utah
    Reclamation Mitigation and Conservation Account pursuant to title IV of
    the Reclamation Projects Authorization and Adjustment Act of 1992:
    Provided further, That of the amount herein appropriated, $6,000,000
    shall be available until expended on a nonreimbursable basis to the
    Western Area Power Administration for Topock-Davis-Mead Transmission
    Line Upgrades: Provided further, That notwithstanding the provision of
    31 U.S.C. 3302, up to $227,600,000 collected by the Western Area Power
    Administration pursuant to the Flood Control Act of 1944 and the
    Reclamation Project Act of 1939 to recover purchase power and wheeling
    expenses shall be credited to this account as offsetting collections,
    to remain available until expended for the sole purpose of making
    purchase power and wheeling expenditures.

               Falcon and Amistad Operating and Maintenance Fund

        For operation, maintenance, and emergency costs for the
    hydroelectric facilities at the Falcon and Amistad Dams, $2,827,000, to
    remain available until expended, and to be derived from the Falcon and
    Amistad Operating and Maintenance Fund of the Western Area Power
    Administration, as provided in section 423 of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995.

                      Federal Energy Regulatory Commission

                              salaries and expenses

        For necessary expenses of the Federal Energy Regulatory Commission
    to carry out the provisions of the Department of Energy Organization
    Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
    U.S.C. 3109, the hire of passenger motor vehicles, and official
    reception and representation expenses (not to exceed $3,000),
    $210,000,000, to remain available until expended: Provided, That
    notwithstanding any other provision of law, not to exceed $210,000,000
    of revenues from fees and annual charges, and other services and
    collections in fiscal year 2005 shall be retained and used for
    necessary expenses in this account, and shall remain available until
    expended: Provided further, That the sum herein appropriated from the
    general fund shall be reduced as revenues are received during fiscal
    year 2005 so as to result in a final fiscal year 2005 appropriation
    from the general fund estimated at not more than $0.

                               GENERAL PROVISIONS

                              DEPARTMENT OF ENERGY

        Sec. 301. (a)(1) None of the funds in this or any other
    appropriations Act for fiscal year 2005 or any previous fiscal year may
    be used to make payments for a noncompetitive management and operating
    contract unless the Secretary of Energy has published in the Federal
    Register and submitted to the Committees on Appropriations of the House
    of Representatives and the Senate a written notification, with respect
    to each such contract, of the Secretary's decision to use competitive
    procedures for the award of the contract, or to not renew the contract,
    when the term of the contract expires.
        (2) Paragraph (1) does not apply to an extension for up to 2 years
    of a noncompetitive management and operating contract, if the extension
    is for purposes of allowing time to award competitively a new contract,
    to provide continuity of service between contracts, or to complete a
    contract that will not be renewed.
        (b) In this section:
            (1) The term ``noncompetitive management and operating
        contract'' means a contract that was awarded more than 50 years ago
        without competition for the management and operation of Ames
        Laboratory, Argonne National Laboratory, Lawrence Berkeley National
        Laboratory, Lawrence Livermore National Laboratory, and Los Alamos
        National Laboratory.
            (2) The term ``competitive procedures'' has the meaning
        provided in section 4 of the Office of Federal Procurement Policy
        Act (41 U.S.C. 403) and includes procedures described in section
        303 of the Federal Property and Administrative Services Act of 1949
        (41 U.S.C. 253) other than a procedure that solicits a proposal
        from only one source.
        (c) For all management and operating contracts other than those
    listed in subsection (b)(1), none of the funds appropriated by this Act
    may be used to award a management and operating contract, or award a
    significant extension or expansion to an existing management and
    operating contract, unless such contract is awarded using competitive
    procedures or the Secretary of Energy grants, on a case-by-case basis,
    a waiver to allow for such a deviation. The Secretary may not delegate
    the authority to grant such a waiver. At least 60 days before a
    contract award for which the Secretary intends to grant such a waiver,
    the Secretary shall submit to the Committees on Appropriations of the
    House of Representatives and the Senate a report notifying the
    Committees of the waiver and setting forth, in specificity, the
    substantive reasons why the Secretary believes the requirement for
    competition should be waived for this particular award.
        Sec. 302. None of the funds appropriated by this Act may be used
    to--
            (1) develop or implement a workforce restructuring plan that
        covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits for
        employees of the Department of Energy, under section 3161 of the
        National Defense Authorization Act for Fiscal Year 1993 (Public Law
        102-484; 42 U.S.C. 7274h).
        Sec. 303. None of the funds appropriated by this Act may be used to
    augment the funds made available for obligation by this Act for
    severance payments and other benefits and community assistance grants
    under section 3161 of the National Defense Authorization Act for Fiscal
    Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department
    of Energy submits a reprogramming request subject to approval by the
    appropriate congressional committees.
        Sec. 304. None of the funds appropriated by this Act may be used to
    prepare or initiate Requests For Proposals (RFPs) for a program if the
    program has not been funded by Congress.

                        (transfers of unexpended balances)

        Sec. 305. The unexpended balances of prior appropriations provided
    for activities in this Act may be transferred to appropriation accounts
    for such activities established pursuant to this title. Balances so
    transferred may be merged with funds in the applicable established
    accounts and thereafter may be accounted for as one fund for the same
    time period as originally enacted.
        Sec. 306. None of the funds in this or any other Act for the
    Administrator of the Bonneville Power Administration may be used to
    enter into any agreement to perform energy efficiency services outside
    the legally defined Bonneville service territory, with the exception of
    services provided internationally, including services provided on a
    reimbursable basis, unless the Administrator certifies in advance that
    such services are not available from private sector businesses.
        Sec. 307. When the Department of Energy makes a user facility
    available to universities or other potential users, or seeks input from
    universities or other potential users regarding significant
    characteristics or equipment in a user facility or a proposed user
    facility, the Department shall ensure broad public notice of such
    availability or such need for input to universities and other potential
    users. When the Department of Energy considers the participation of a
    university or other potential user as a formal partner in the
    establishment or operation of a user facility, the Department shall
    employ full and open competition in selecting such a partner. For
    purposes of this section, the term ``user facility'' includes, but is
    not limited to: (1) a user facility as described in section 2203(a)(2)
    of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
    National Nuclear Security Administration Defense Programs Technology
    Deployment Center/User Facility; and (3) any other Departmental
    facility designated by the Department as a user facility.
        Sec. 308. The Administrator of the National Nuclear Security
    Administration may authorize the manager of a covered nuclear weapons
    research, development, testing or production facility to engage in
    research, development, and demonstration activities with respect to the
    engineering and manufacturing capabilities at such facility in order to
    maintain and enhance such capabilities at such facility: Provided, That
    of the amount allocated to a covered nuclear weapons facility each
    fiscal year from amounts available to the Department of Energy for such
    fiscal year for national security programs, not more than an amount
    equal to 2 percent of such amount may be used for these activities:
    Provided further, That for purposes of this section, the term ``covered
    nuclear weapons facility'' means the following:
            (1) The Kansas City Plant, Kansas City, Missouri.
            (2) The Y-12 Plant, Oak Ridge, Tennessee.
            (3) The Pantex Plant, Amarillo, Texas.
            (4) The Savannah River Plant, South Carolina.
            (5) The Nevada Test Site.
        Sec. 309. Funds appropriated by this or any other Act, or made
    available by the transfer of funds in this Act, for intelligence
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    414) during fiscal year 2005 until the enactment of the Intelligence
    Authorization Act for fiscal year 2005.
        Sec. 310. (a) The Secretary of Energy was directed to file a permit
    modification to the Waste Analysis Plan (WAP) and associated provisions
    contained in the Hazardous Waste Facility Permit for the Waste
    Isolation Pilot Plant (WIPP). For purposes of determining hereafter
    compliance of the modifications to the WAP with the hazardous waste
    analysis requirements of the Solid Waste Disposal Act (42 U.S.C. 6901
    et seq.), or other applicable laws waste confirmation for all waste
    received for storage and disposal shall be limited to: (1) confirmation
    that the waste contains no ignitable, corrosive, or reactive waste
    through the use of either radiography or visual examination of a
    statistically representative subpopulation of the waste; and (2) review
    of the Waste Stream Profile Form to verify that the waste contains no
    ignitable, corrosive, or reactive waste and that assigned Environmental
    Protection Agency hazardous waste numbers are allowed for storage and
    disposal by the WIPP Hazardous Waste Facility Permit.
        (b) Compliance with the disposal room performance standards of the
    WAP hereafter shall be demonstrated exclusively by monitoring airborne
    volatile organic compounds in underground disposal rooms in which waste
    has been emplaced until panel closure.
        Sec. 311. Section 3113 of Public Law 102-486 (42 U.S.C. 2297h-11)
    is amended by adding a new paragraph (4) to subsection (a), as follows:
            ``(4) In the event that a licensee requests the Secretary to
        accept for disposal depleted uranium pursuant to this subsection,
        the Secretary shall be required to take title to and possession of
        such depleted uranium at an existing DUF6 storage facility.''.
        Sec. 312. The Department of Energy may use the funds appropriated
    by this Act to undertake any procurement action necessary to achieve
    its small business contracting goals set forth in subsection (g) of the
    Small Business Act, 15 U.S.C. 644(g): Provided, That, none of the funds
    appropriated by this Act may be used by the Department of Energy for
    procurement actions resulting from the break-out of requirements from
    current facility management and operating contracts unless, consistent
    with requirements of Subpart 19.4 of the Federal Acquisition
    Regulation, the Secretary of Energy or his duly authorized designee
    formally requests, considers, and renders an appropriate decision on
    the views of the Small Business Administration Breakout Procurement
    Center Representative or the Representative's duly authorized designee
    concerning cost effectiveness, mission performance, security, safety,
    small business participation, and other legitimate acquisition
    objectives of procurement actions at issue. No later than April 1,
    2005, the Secretary of Energy shall submit a report to the Comptroller
    General and to Congress discussing the Secretary's plans required by
    section 15(h) of the Small Business Act, 15 U.S.C. 644(h), for meeting
    the Department's statutory small business contracting goals while
    taking into account other legitimate acquisition objectives. In
    preparing the report, the Secretary shall request and consider the
    views of the Administrator of the Small Business Administration and the
    Director of the Office of Small and Disadvantaged Business Utilization
    of the Department of Energy. The report shall discuss the Department's
    policies and activities concerning break-outs of procurement
    requirements from current management and operating contracts,
    consistent with requirements of this Act, section 15(h) of the Small
    Business Act, and Subpart 19.4 of the Federal Acquisition Regulations.
        Sec. 313. None of the funds appropriated by this Act may be used by
    the Department of Energy to require its management and operating
    contractors to perform contract management, oversight, or
    administration functions prohibited by section 7.503 of the Federal
    Acquisition Regulation in connection with any small business prime
    contract awarded by the Department of Energy.
        Sec. 314. None of the funds in this Act may be used to dispose of
    transuranic waste in the Waste Isolation Pilot Plant which contains
    concentrations of plutonium in excess of 20 percent by weight for the
    aggregate of any material category on the date of enactment of this
    Act, or is generated after such date. For the purpose of this section,
    the material categories of transuranic waste at the Rocky Flats
    Environmental Technology Site include: (1) ash residues; (2) salt
    residue; (3) wet residues; (4) direct repackage residues; and (5) scrub
    alloy as referenced in the ``Final Environmental Impact Statement on
    Management of Certain Plutonium Residues and Scrub Alloy Stored at the
    Rocky Flats Environmental Technology Site''.

                                    TITLE IV

                              INDEPENDENT AGENCIES

                        Appalachian Regional Commission

        For expenses necessary to carry out the programs authorized by the
    Appalachian Regional Development Act of 1965, as amended, for necessary
    expenses for the Federal Co-Chairman and the alternate on the
    Appalachian Regional Commission, for payment of the Federal share of
    the administrative expenses of the Commission, including services as
    authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
    $66,000,000, to remain available until expended.

                    Defense Nuclear Facilities Safety Board

                              Salaries and Expenses

        For necessary expenses of the Defense Nuclear Facilities Safety
    Board in carrying out activities authorized by the Atomic Energy Act of
    1954, as amended by Public Law 100-456, section 1441, $20,268,000, to
    remain available until expended.

                            Delta Regional Authority

                              Salaries and Expenses

        For necessary expenses of the Delta Regional Authority and to carry
    out its activities, as authorized by the Delta Regional Authority Act
    of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and
    382M(b) of said Act, $6,048,000, to remain available until expended.

                               Denali Commission

        For expenses of the Denali Commission including the purchase,
    construction and acquisition of plant and capital equipment as
    necessary and other expenses, $67,000,000 nothwithstanding the
    limitations contained in section 306(g) of the Denali Commission Act of
    1998, $2,500,000, to remain available until expended: Provided, That of
    the amounts provided to the Denali Commission, $5,000,000 is for
    community showers and washeteria in villages with homes with no running
    water; $13,000,000 is for the Juneau/Green's Creek/Hoonah Intertie
    project; $3,200,000 is for the Swan Lake/Tyee Intertie project;
    $5,000,000 is for multi-purpose community facilities including the
    Bering Straits Region, Dillingham, Moose Pass, Sterling, Funny River,
    Eclutna, and Anchor Point; $10,000,000 is for teacher housing in remote
    villages such as Savoogna, Allakakaet, Hughes, Huslia, Minto, Nulato,
    and Ruby where there is limited housing available for teachers;
    $10,000,000 is for facilities serving Native elders and senior
    citizens; and $5,000,000 is for: (1) the Rural Communications service
    to provide broadcast facilities in communities with no television or
    radio station; (2) the Public Broadcasting Digital Distribution Network
    to link rural broadcasting facilities together to improve economies of
    scale, share programming, and reduce operating costs; and (3) rural
    public broadcasting facilities and equipment upgrades.

                         Nuclear Regulatory Commission

                              Salaries and Expenses

        For necessary expenses of the Commission in carrying out the
    purposes of the Energy Reorganization Act of 1974, as amended, and the
    Atomic Energy Act of 1954, as amended, including official
    representation expenses (not to exceed $15,000), and purchase of
    promotional items for use in the recruitment of individuals for
    employment, $662,777,000, to remain available until expended: Provided,
    That of the amount appropriated herein, $69,050,000 shall be derived
    from the Nuclear Waste Fund: Provided further, That revenues from
    licensing fees, inspection services, and other services and collections
    estimated at $534,354,000 in fiscal year 2005 shall be retained and
    used for necessary salaries and expenses in this account,
    notwithstanding 31 U.S.C. 3302, and shall remain available until
    expended: Provided further, That the sum herein appropriated shall be
    reduced by the amount of revenues received during fiscal year 2005 so
    as to result in a final fiscal year 2005 appropriation estimated at not
    more than $128,423,000.

                          Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $7,518,000, to remain available until expended: Provided, That
    revenues from licensing fees, inspection services, and other services
    and collections estimated at $6,766,200 in fiscal year 2005 shall be
    retained and be available until expended, for necessary salaries and
    expenses in this account, notwithstanding 31 U.S.C. 3302: Provided
    further, That the sum herein appropriated shall be reduced by the
    amount of revenues received during fiscal year 2005 so as to result in
    a final fiscal year 2005 appropriation estimated at not more than
    $751,800.

                      Nuclear Waste Technical Review Board

                              Salaries and Expenses

        For necessary expenses of the Nuclear Waste Technical Review Board,
    as authorized by Public Law 100-203, section 5051, $3,177,000, to be
    derived from the Nuclear Waste Fund, and to remain available until
    expended.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501. None of the funds appropriated by this Act may be used in
    any way, directly or indirectly, to influence congressional action on
    any legislation or appropriation matters pending before Congress, other
    than to communicate to Members of Congress as described in 18 U.S.C.
    1913.
        Sec. 502. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
        Sec. 503. None of the funds made available in this Act may be used
    to deny requests for the public release of documents or evidence
    obtained through or in the Western Energy Markets: Enron Investigation
    (Docket No. PA02-2), the California Refund case (Docket No. EL00-95),
    the Anomalous Bidding Investigation (Docket No. IN03-10), or the
    Physical Withholding Investigation.
        Sec. 504. Extension of Prohibition of Oil and Gas Drilling in the
    Great Lakes. Section 503 of the Energy and Water Development
    Appropriations Act, 2002 (115 Stat. 512), as amended, is amended by
    striking ``2005'' and inserting ``2007''.
        Sec. 505. The Secretary of the Army is hereby authorized, without
    further appropriation, to transfer and advance funds to the
    Administrator of the Bonneville Power Administration for the purposes
    necessary to carry out joint activities in connection with section 2406
    of the Energy Policy Act of 1992.
        Sec. 506. Voting Method for Delta Regional Authority. Section
    382B(c)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C.
    2009aa-1(c)(1)) is amended--
            (1) in subparagraph (A), by striking ``2004'' and inserting
        ``2008''; and
            (2) in subparagraph (B), by striking ``2005'' and inserting
        ``2009''.

      TITLE VI--REFORM OF THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY
                                   AUTHORITY

    SEC. 601. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF
                  DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY.

        The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.)
    is amended by striking section 2 and inserting the following:

    ``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS.

        ``(a) Membership.--
            ``(1) Appointment.--The Board of Directors of the Corporation
        (referred to in this Act as the `Board') shall be composed of 9
        members appointed by the President by and with the advice and
        consent of the Senate, at least 7 of whom shall be a legal resident
        of the service area of the Corporation.
            ``(2) Chairman.--The members of the Board shall select 1 of the
        members to act as chairman of the Board.
        ``(b) Qualifications.--To be eligible to be appointed as a member
    of the Board, an individual--
            ``(1) shall be a citizen of the United States;
            ``(2) shall have management expertise relative to a large for-
        profit or nonprofit corporate, government, or academic structure;
            ``(3) shall not be an employee of the Corporation;
            ``(4) shall make full disclosure to Congress of any investment
        or other financial interest that the individual holds in the energy
        industry; and
            ``(5) shall affirm support for the objectives and missions of
        the Corporation, including being a national leader in technological
        innovation, low-cost power, and environmental stewardship.
        ``(c) Recommendations.--In appointing members of the Board, the
    President shall--
            ``(1) consider recommendations from such public officials as--
                ``(A) the Governors of States in the service area;
                ``(B) individual citizens;
                ``(C) business, industrial, labor, electric power
            distribution, environmental, civic, and service organizations;
            and
                ``(D) the congressional delegations of the States in the
            service area; and
            ``(2) seek qualified members from among persons who reflect the
        diversity, including the geographical diversity, and needs of the
        service area of the Corporation.
        ``(d) Terms.--
            ``(1) In general.--A member of the Board shall serve a term of
        5 years. A member of the Board whose term has expired may continue
        to serve after the member's term has expired until the date on
        which a successor takes office, except that the member shall not
        serve beyond the end of the session of Congress in which the term
        of the member expires.
            ``(2) Vacancies.--A member appointed to fill a vacancy on the
        Board occurring before the expiration of the term for which the
        predecessor of the member was appointed shall be appointed for the
        remainder of that term.
        ``(e) Quorum.--
            ``(1) In general.--Five of the members of the Board shall
        constitute a quorum for the transaction of business.
            ``(2) Vacancies.--A vacancy on the Board shall not impair the
        power of the Board to act.
        ``(f) Compensation.--
            ``(1) In general.--A member of the Board shall be entitled to
        receive--
                ``(A) a stipend of--
                    ``(i) $45,000 per year; or
                    ``(ii)(I) in the case of the chairman of any committee
                of the Board created by the Board, $46,000 per year; or
                    ``(II) in the case of the chairman of the Board,
                $50,000 per year; and
                ``(B) travel expenses, including per diem in lieu of
            subsistence, in the same manner as persons employed
            intermittently in Government service under section 5703 of
            title 5, United States Code.
            ``(2) Adjustments in stipends.--The amount of the stipend under
        paragraph (1)(A)(i) shall be adjusted by the same percentage, at
        the same time and manner, and subject to the same limitations as
        are applicable to adjustments under section 5318 of title 5, United
        States Code.
        ``(g) Duties.--
            ``(1) In general.--The Board shall--
                ``(A) establish the broad goals, objectives, and policies
            of the Corporation that are appropriate to carry out this Act;
                ``(B) develop long-range plans to guide the Corporation in
            achieving the goals, objectives, and policies of the
            Corporation and provide assistance to the chief executive
            officer to achieve those goals, objectives, and policies;
                ``(C) ensure that those goals, objectives, and policies are
            achieved;
                ``(D) approve an annual budget for the Corporation;
                ``(E) adopt and submit to Congress a conflict-of-interest
            policy applicable to members of the Board and employees of the
            Corporation;
                ``(F) establish a compensation plan for employees of the
            Corporation in accordance with subsection (i);
                ``(G) approve all compensation (including salary or any
            other pay, bonuses, benefits, incentives, and any other form of
            remuneration) of all managers and technical personnel that
            report directly to the chief executive officer (including any
            adjustment to compensation);
                ``(H) ensure that all activities of the Corporation are
            carried out in compliance with applicable law;
                ``(I) create an audit committee, composed solely of Board
            members independent of the management of the Corporation, which
            shall--
                    ``(i) in consultation with the inspector general of the
                Corporation, recommend to the Board an external auditor;
                    ``(ii) receive and review reports from the external
                auditor of the Corporation and inspector general of the
                Corporation; and
                    ``(iii) make such recommendations to the Board as the
                audit committee considers necessary;
                ``(J) create such other committees of Board members as the
            Board considers to be appropriate;
                ``(K) conduct such public hearings as it deems appropriate
            on issues that could have a substantial effect on--
                    ``(i) the electric ratepayers in the service area; or
                    ``(ii) the economic, environmental, social, or physical
                well-being of the people of the service area;
                ``(L) establish the electricity rates charged by the
            Corporation; and
                ``(M) engage the services of an external auditor for the
            Corporation.
            ``(2) Meetings.--The Board shall meet at least 4 times each
        year.
        ``(h) Chief Executive Officer.--
            ``(1) Appointment.--The Board shall appoint a person to serve
        as chief executive officer of the Corporation.
            ``(2) Qualifications.--
                ``(A) In general.--To serve as chief executive officer of
            the Corporation, a person--
                    ``(i) shall have senior executive-level management
                experience in large, complex organizations;
                    ``(ii) shall not be a current member of the Board or
                have served as a member of the Board within 2 years before
                being appointed chief executive officer; and
                    ``(iii) shall comply with the conflict-of-interest
                policy adopted by the Board.
                ``(B) Expertise.--In appointing a chief executive officer,
            the Board shall give particular consideration to appointing an
            individual with expertise in the electric industry and with
            strong financial skills.
            ``(3) Tenure.--The chief executive officer shall serve at the
        pleasure of the Board.
        ``(i) Compensation Plan.--
            ``(1) In general.--The Board shall approve a compensation plan
        that specifies all compensation (including salary or any other pay,
        bonuses, benefits, incentives, and any other form of remuneration)
        for the chief executive officer and employees of the Corporation.
            ``(2) Annual survey.--The compensation plan shall be based on
        an annual survey of the prevailing compensation for similar
        positions in private industry, including engineering and electric
        utility companies, publicly owned electric utilities, and Federal,
        State, and local governments.
            ``(3) Considerations.--The compensation plan shall provide that
        education, experience, level of responsibility, geographic
        differences, and retention and recruitment needs will be taken into
        account in determining compensation of employees.
            ``(4) Positions at or below level iv.--The chief executive
        officer shall determine the salary and benefits of employees whose
        annual salary is not greater than the annual rate payable for
        positions at level IV of the Executive Schedule under section 5315
        of title 5, United States Code.
            ``(5) Positions above level iv.--On the recommendation of the
        chief executive officer, the Board shall approve the salaries of
        employees whose annual salaries would be in excess of the annual
        rate payable for positions at level IV of the Executive Schedule
        under section 5315 of title 5, United States Code.''.

    SEC. 602. CHANGE IN MANNER OF APPOINTMENT OF STAFF.

        Section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
    831b) is amended--
            (1) by striking the first undesignated paragraph and inserting
        the following:
        ``(a) Appointment by the Chief Executive Officer.--The chief
    executive officer shall appoint, with the advice and consent of the
    Board, and without regard to the provisions of the civil service laws
    applicable to officers and employees of the United States, such
    managers, assistant managers, officers, employees, attorneys, and
    agents as are necessary for the transaction of the business of the
    Corporation.''; and
            (2) by striking ``All contracts'' and inserting the following:
        ``(b) Wage Rates.--All contracts''.

    SEC. 603. CONFORMING AMENDMENTS.

        (a) The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et
    seq.) is amended--
            (1) by striking ``board of directors'' each place it appears
        and inserting ``Board of Directors''; and
            (2) by striking ``board'' each place it appears and inserting
        ``Board''.
        (b) Section 9 of the Tennessee Valley Authority Act of 1933 (16
    U.S.C. 831h) is amended--
            (1) by striking ``The Comptroller General of the United States
        shall audit'' and inserting the following:
        ``(c) Audits.--The Comptroller General of the United States shall
    audit''; and
            (2) by striking ``The Corporation shall determine'' and
        inserting the following:
        ``(d) Administrative Accounts and Business Documents.--The
    Corporation shall determine''.
        (c) Title 5, United States Code, is amended--
            (1) in section 5314, by striking ``Chairman, Board of Directors
        of the Tennessee Valley Authority.''; and
            (2) in section 5315, by striking ``Members, Board of Directors
        of the Tennessee Valley Authority.''.

    SEC. 604. APPOINTMENTS; EFFECTIVE DATE; TRANSITION.

        (a) Appointments.--
            (1) In general.--As soon as practicable after the date of
        enactment of this Act, the President shall submit to the Senate
        nominations of six persons to serve as members of the Board of
        Directors of the Tennessee Valley Authority in addition to the
        members serving on the date of enactment of this Act.
            (2) Initial terms.--Notwithstanding section 2(d) of the
        Tennessee Valley Authority Act of 1933 (as amended by this title),
        in making the appointments under paragraph (1), the President shall
        appoint--
                (A) two members for a term to expire on May 18, 2007;
                (B) two members for a term to expire on May 18, 2009; and
                (C) two members for a term to expire on May 18, 2011.
        (b) Effective Date.--The amendments made by this title take effect
    on the later of--
            (1) the date on which at least three persons nominated under
        subsection (a) take office; or
            (2) May 18, 2005.
        (c) Selection of Chairman.--The Board of Directors of the Tennessee
    Valley Authority shall select one of the members to act as chairman of
    the Board not later than 30 days after the effective date specified in
    subsection (b).
        (d) Conflict-of-Interest Policy.--The Board of Directors of the
    Tennessee Valley Authority shall adopt and submit to Congress a
    conflict-of-interest policy, as required by section 2(g)(1)(E) of the
    Tennessee Valley Authority Act of 1933 (as amended by this title), as
    soon as practicable after the effective date specified in subsection
    (b).
        (e) Transition.--A person who is serving as a member of the board
    of directors of the Tennessee Valley Authority on the date of enactment
    of this Act--
            (1) shall continue to serve until the end of the current term
        of the member; but
            (2) after the effective date specified in subsection (b), shall
        serve under the terms of the Tennessee Valley Authority Act of 1933
        (as amended by this title).
        This division may be cited as the ``Energy and Water Development
    Appropriations Act, 2005''.

    DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
                            APPROPRIATIONS ACT, 2005

                   TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                     EXPORT-IMPORT BANK OF THE UNITED STATES

        The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance with law, and to make
    such contracts and commitments without regard to fiscal year
    limitations, as provided by section 104 of the Government Corporation
    Control Act, as may be necessary in carrying out the program for the
    current fiscal year for such corporation: Provided, That none of the
    funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this Act: Provided
    further, That notwithstanding section 1(c) of Public Law 103-428, as
    amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
    effect through October 1, 2005.

                              SUBSIDY APPROPRIATION

        For the cost of direct loans, loan guarantees, insurance, and tied-
    aid grants as authorized by section 10 of the Export-Import Bank Act of
    1945, as amended, $59,800,000, to remain available until September 30,
    2008: Provided, That such costs, including the cost of modifying such
    loans, shall be as defined in section 502 of the Congressional Budget
    Act of 1974: Provided further, That such sums shall remain available
    until September 30, 2023, for the disbursement of direct loans, loan
    guarantees, insurance and tied-aid grants obligated in fiscal years
    2005, 2006, 2007, and 2008: Provided further, That none of the funds
    appropriated by this Act or any prior Act appropriating funds for
    foreign operations, export financing, and related programs for tied-aid
    credits or grants may be used for any other purpose except through the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That funds appropriated by this paragraph are made
    available notwithstanding section 2(b)(2) of the Export-Import Bank Act
    of 1945, in connection with the purchase or lease of any product by any
    Eastern European country, any Baltic State or any agency or national
    thereof: Provided further, That not later than 30 days after the date
    of enactment of this Act, the Export-Import Bank shall submit a report
    to the Committees on Appropriations of the House of Representatives and
    the Senate, containing an analysis of the economic impact on United
    States producers of ethanol of the extension of credit and financial
    guarantees for the development of an ethanol dehydration plant in
    Trinidad and Tobago, including a determination of whether such
    extension will cause substantial injury to such producers, as defined
    in section 2(e)(4) of the Export-Import Bank Act of 1945 (12 U.S.C.
    635(e)(4)).

                             administrative expenses

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
    for official reception and representation expenses for members of the
    Board of Directors, $73,200,000: Provided, That the Export-Import Bank
    may accept, and use, payment or services provided by transaction
    participants for legal, financial, or technical services in connection
    with any transaction for which an application for a loan, guarantee or
    insurance commitment has been made: Provided further, That,
    notwithstanding subsection (b) of section 117 of the Export Enhancement
    Act of 1992, subsection (a) thereof shall remain in effect until
    October 1, 2005.

                    Overseas Private Investment Corporation

                                noncredit account

        The Overseas Private Investment Corporation is authorized to make,
    without regard to fiscal year limitations, as provided by 31 U.S.C.
    9104, such expenditures and commitments within the limits of funds
    available to it and in accordance with law as may be necessary:
    Provided, That the amount available for administrative expenses to
    carry out the credit and insurance programs (including an amount for
    official reception and representation expenses which shall not exceed
    $35,000) shall not exceed $42,885,000: Provided further, That project-
    specific transaction costs, including direct and indirect costs
    incurred in claims settlements, and other direct costs associated with
    services provided to specific investors or potential investors pursuant
    to section 234 of the Foreign Assistance Act of 1961, shall not be
    considered administrative expenses for the purposes of this heading.

                                 program account

        For the cost of direct and guaranteed loans, $24,000,000, as
    authorized by section 234 of the Foreign Assistance Act of 1961, to be
    derived by transfer from the Overseas Private Investment Corporation
    Non-Credit Account: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That such sums
    shall be available for direct loan obligations and loan guaranty
    commitments incurred or made during fiscal years 2005 and 2006:
    Provided further, That such sums shall remain available through fiscal
    year 2013 for the disbursement of direct and guaranteed loans obligated
    in fiscal year 2005, and through fiscal year 2014 for the disbursement
    of direct and guaranteed loans obligated in fiscal year 2006: Provided
    further, That notwithstanding any other provision of law, the Overseas
    Private Investment Corporation is authorized to undertake any program
    authorized by title IV of the Foreign Assistance Act of 1961 in Iraq:
    Provided further, That funds made available pursuant to the authority
    of the previous proviso shall be subject to the regular notification
    procedures of the Committees on Appropriations.
        In addition, such sums as may be necessary for administrative
    expenses to carry out the credit program may be derived from amounts
    available for administrative expenses to carry out the credit and
    insurance programs in the Overseas Private Investment Corporation
    Noncredit Account and merged with said account.

                      Funds Appropriated to the President

                           trade and development agency

        For necessary expenses to carry out the provisions of section 661
    of the Foreign Assistance Act of 1961, $51,500,000, to remain available
    until September 30, 2006.

                    TITLE II--BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

        For expenses necessary to enable the President to carry out the
    provisions of the Foreign Assistance Act of 1961, and for other
    purposes, to remain available until September 30, 2005, unless
    otherwise specified herein, as follows:

                united states agency for international development

                     child survival and health programs fund

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of chapters 1
    and 10 of part I of the Foreign Assistance Act of 1961, for child
    survival, health, and family planning/reproductive health activities,
    in addition to funds otherwise available for such purposes,
    $1,550,000,000, to remain available until September 30, 2006: Provided,
    That this amount shall be made available for such activities as: (1)
    immunization programs; (2) oral rehydration programs; (3) health,
    nutrition, water and sanitation programs which directly address the
    needs of mothers and children, and related education programs; (4)
    assistance for children displaced or orphaned by causes other than
    AIDS; (5) programs for the prevention, treatment, control of, and
    research on HIV/AIDS, tuberculosis, polio, malaria, and other
    infectious diseases, and for assistance to communities severely
    affected by HIV/AIDS, including children displaced or orphaned by AIDS;
    and (6) family planning/reproductive health: Provided further, That
    none of the funds appropriated under this heading may be made available
    for nonproject assistance, except that funds may be made available for
    such assistance for ongoing health activities: Provided further, That
    of the funds appropriated under this heading, not to exceed $250,000,
    in addition to funds otherwise available for such purposes, may be used
    to monitor and provide oversight of child survival, maternal and family
    planning/reproductive health, and infectious disease programs: Provided
    further, That the following amounts should be allocated as follows:
    $345,000,000 for child survival and maternal health; $30,000,000 for
    vulnerable children; $350,000,000 for HIV/AIDS including not less than
    $30,000,000 to support the development of microbicides as a means for
    combating HIV/AIDS; $200,000,000 for other infectious diseases; and
    $375,000,000 for family planning/reproductive health, including in
    areas where population growth threatens biodiversity or endangered
    species: Provided further, That of the funds appropriated under this
    heading, and in addition to funds allocated under the previous proviso,
    not less than $250,000,000 shall be made available, notwithstanding any
    other provision of law, except for the United States Leadership Against
    HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25), for
    a United States contribution to the Global Fund to Fight AIDS,
    Tuberculosis and Malaria (the ``Global Fund''), and shall be expended
    at the minimum rate necessary to make timely payment for projects and
    activities: Provided further, That of the funds appropriated under this
    heading in the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2004, that were withheld from obligation
    to the Global Fund, not less than $87,800,000 shall be made available
    to the Global Fund, notwithstanding section 202(d)(4) of Public Law
    108-25 which required such withholding from the Global Fund in fiscal
    year 2004: Provided further, That the funds made available in the
    previous proviso shall be subject to any withholding required by
    section 202(d)(4) of Public Law 108-25 for contributions made to the
    Global Fund in fiscal year 2005: Provided further, That up to 5 percent
    of the aggregate amount of funds made available to the Global Fund in
    fiscal year 2005 may be made available to the United States Agency for
    International Development for technical assistance related to the
    activities of the Global Fund: Provided further, That of the funds
    appropriated under this heading that are available for HIV/AIDS
    programs and activities, not less than $27,000,000 should be made
    available for the International AIDS Vaccine Initiative: Provided
    further, That of the funds appropriated under this heading, $65,000,000
    should be made available for a United States contribution to The
    Vaccine Fund, and up to $6,000,000 may be transferred to and merged
    with funds appropriated by this Act under the heading ``Operating
    Expenses of the United States Agency for International Development''
    for costs directly related to international health, but funds made
    available for such costs may not be derived from amounts made available
    for contribution under this and preceding provisos: Provided further,
    That none of the funds made available in this Act nor any unobligated
    balances from prior appropriations may be made available to any
    organization or program which, as determined by the President of the
    United States, supports or participates in the management of a program
    of coercive abortion or involuntary sterilization: Provided further,
    That none of the funds made available under this Act may be used to pay
    for the performance of abortion as a method of family planning or to
    motivate or coerce any person to practice abortions: Provided further,
    That nothing in this paragraph shall be construed to alter any existing
    statutory prohibitions against abortion under section 104 of the
    Foreign Assistance Act of 1961: Provided further, That none of the
    funds made available under this Act may be used to lobby for or against
    abortion: Provided further, That in order to reduce reliance on
    abortion in developing nations, funds shall be available only to
    voluntary family planning projects which offer, either directly or
    through referral to, or information about access to, a broad range of
    family planning methods and services, and that any such voluntary
    family planning project shall meet the following requirements: (1)
    service providers or referral agents in the project shall not implement
    or be subject to quotas, or other numerical targets, of total number of
    births, number of family planning acceptors, or acceptors of a
    particular method of family planning (this provision shall not be
    construed to include the use of quantitative estimates or indicators
    for budgeting and planning purposes); (2) the project shall not include
    payment of incentives, bribes, gratuities, or financial reward to: (A)
    an individual in exchange for becoming a family planning acceptor; or
    (B) program personnel for achieving a numerical target or quota of
    total number of births, number of family planning acceptors, or
    acceptors of a particular method of family planning; (3) the project
    shall not deny any right or benefit, including the right of access to
    participate in any program of general welfare or the right of access to
    health care, as a consequence of any individual's decision not to
    accept family planning services; (4) the project shall provide family
    planning acceptors comprehensible information on the health benefits
    and risks of the method chosen, including those conditions that might
    render the use of the method inadvisable and those adverse side effects
    known to be consequent to the use of the method; and (5) the project
    shall ensure that experimental contraceptive drugs and devices and
    medical procedures are provided only in the context of a scientific
    study in which participants are advised of potential risks and
    benefits; and, not less than 60 days after the date on which the
    Administrator of the United States Agency for International Development
    determines that there has been a violation of the requirements
    contained in paragraph (1), (2), (3), or (5) of this proviso, or a
    pattern or practice of violations of the requirements contained in
    paragraph (4) of this proviso, the Administrator shall submit to the
    Committees on Appropriations a report containing a description of such
    violation and the corrective action taken by the Agency: Provided
    further, That in awarding grants for natural family planning under
    section 104 of the Foreign Assistance Act of 1961 no applicant shall be
    discriminated against because of such applicant's religious or
    conscientious commitment to offer only natural family planning; and,
    additionally, all such applicants shall comply with the requirements of
    the previous proviso: Provided further, That for purposes of this or
    any other Act authorizing or appropriating funds for foreign
    operations, export financing, and related programs, the term
    ``motivate'', as it relates to family planning assistance, shall not be
    construed to prohibit the provision, consistent with local law, of
    information or counseling about all pregnancy options: Provided
    further, That to the maximum extent feasible, taking into consideration
    cost, timely availability, and best health practices, funds
    appropriated in this Act or prior appropriations Acts that are made
    available for condom procurement shall be made available only for the
    procurement of condoms manufactured in the United States: Provided
    further, That information provided about the use of condoms as part of
    projects or activities that are funded from amounts appropriated by
    this Act shall be medically accurate and shall include the public
    health benefits and failure rates of such use.

                              development assistance

        For necessary expenses of the United States Agency for
    International Development to carry out the provisions of sections 103,
    105, 106, and 131, and chapter 10 of part I of the Foreign Assistance
    Act of 1961, $1,460,000,000, to remain available until September 30,
    2006: Provided, That $194,000,000 should be allocated for trade
    capacity building: Provided further, That $300,000,000 should be
    allocated for basic education: Provided further, That of the funds
    appropriated under this heading and managed by the United States Agency
    for International Development Bureau of Democracy, Conflict, and
    Humanitarian Assistance, not less than $15,000,000 shall be made
    available only for programs to improve women's leadership capacity in
    recipient countries: Provided further, That such funds may not be made
    available for construction: Provided further, That of the aggregate
    amount of the funds appropriated by this Act that are made available
    for agriculture and rural development programs, $25,000,000 should be
    made available for plant biotechnology research and development:
    Provided further, That not less than $2,300,000 should be made
    available for core support for the International Fertilizer Development
    Center: Provided further, That of the funds appropriated under this
    heading, not less than $20,000,000 should be made available for the
    American Schools and Hospitals Abroad program: Provided further, That
    of the funds appropriated under this heading that are made available
    for assistance programs for displaced and orphaned children and victims
    of war, not to exceed $37,500, in addition to funds otherwise available
    for such purposes, may be used to monitor and provide oversight of such
    programs: Provided further, That funds appropriated under this heading
    should be made available for programs in sub-Saharan Africa to address
    sexual and gender-based violence: Provided further, That of the funds
    appropriated under this heading, $2,000,000 should be made available to
    develop clean water treatment activities in developing countries:
    Provided further, That of the funds appropriated by this Act,
    $100,000,000 shall be made available for drinking water supply projects
    and related activities.

                   international disaster and famine assistance

        For necessary expenses of the United States Agency for
    International Development to carry out the provisions of section 491 of
    the Foreign Assistance Act of 1961 for international disaster relief,
    rehabilitation, and reconstruction assistance, $335,500,000, to remain
    available until expended.
        In addition, for necessary expenses for assistance for famine
    prevention and relief, including for mitigation of the effects of
    famine, $34,500,000, to remain available until expended: Provided, That
    such funds shall be made available utilizing the general authorities of
    section 491 of the Foreign Assistance Act of 1961, and shall be in
    addition to amounts otherwise available for such purposes: Provided
    further, That funds appropriated by this paragraph shall be available
    for obligation subject to prior consultation with the Committees on
    Appropriations.

                              transition initiatives

        For necessary expenses for international disaster rehabilitation
    and reconstruction assistance pursuant to section 491 of the Foreign
    Assistance Act of 1961, $49,000,000, to remain available until
    expended, to support transition to democracy and to long-term
    development of countries in crisis: Provided, That such support may
    include assistance to develop, strengthen, or preserve democratic
    institutions and processes, revitalize basic infrastructure, and foster
    the peaceful resolution of conflict: Provided further, That the United
    States Agency for International Development shall submit a report to
    the Committees on Appropriations at least 5 days prior to beginning a
    new program of assistance: Provided further, That if the President
    determines that is important to the national interests of the United
    States to provide transition assistance in excess of the amount
    appropriated under this heading, up to $15,000,000 of the funds
    appropriated by this Act to carry out the provisions of part I of the
    Foreign Assistance Act of 1961 may be used for purposes of this heading
    and under the authorities applicable to funds appropriated under this
    heading:  Provided further, That funds made available pursuant to the
    previous proviso shall be made available subject to prior consultation
    with the Committees on Appropriations.

                           development credit authority

                          (including transfer of funds)

        For the cost of direct loans and loan guarantees provided by the
    United States Agency for International Development, as authorized by
    sections 108 and 635 of the Foreign Assistance Act of 1961, funds may
    be derived by transfer from funds appropriated by this Act to carry out
    part I of such Act and under the heading ``Assistance for Eastern
    Europe and the Baltic States'': Provided, That such funds shall not
    exceed $21,000,000, which shall be made available only for micro and
    small enterprise programs, urban programs, and other programs which
    further the purposes of part I of the Act: Provided further, That such
    costs, including the cost of modifying such direct and guaranteed
    loans, shall be as defined in section 502 of the Congressional Budget
    Act of 1974, as amended: Provided further,  That funds made available
    by this paragraph may be used for the cost of modifying any such
    guaranteed loans under this Act or prior Acts, and funds used for such
    costs shall be subject to the regular notification procedures of the
    Committees on Appropriations: Provided further, That the provisions of
    section 107A(d) (relating to general provisions applicable to the
    Development Credit Authority) of the Foreign Assistance Act of 1961, as
    contained in section 306 of H.R. 1486 as reported by the House
    Committee on International Relations on May 9, 1997, shall be
    applicable to direct loans and loan guarantees provided under this
    heading.
        In addition, for administrative expenses to carry out credit
    programs administered by the United States Agency for International
    Development, $8,000,000, which may be transferred to and merged with
    the appropriation for Operating Expenses of the United States Agency
    for International Development: Provided, That funds made available
    under this heading shall remain available until September 30, 2007.

          payment to the foreign service retirement and disability fund

        For payment to the ``Foreign Service Retirement and Disability
    Fund'', as authorized by the Foreign Service Act of 1980, $42,500,000.

        operating expenses of the united states agency for international
                                  development

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $618,000,000, of which up to
    $25,000,000 may remain available until September 30, 2006: Provided,
    That none of the funds appropriated under this heading and under the
    heading ``Capital Investment Fund'' may be made available to finance
    the construction (including architect and engineering services),
    purchase, or long-term lease of offices for use by the United States
    Agency for International Development, unless the Administrator has
    identified such proposed construction (including architect and
    engineering services), purchase, or long-term lease of offices in a
    report submitted to the Committees on Appropriations at least 15 days
    prior to the obligation of these funds for such purposes: Provided
    further, That the previous proviso shall not apply where the total cost
    of construction (including architect and engineering services),
    purchase, or long-term lease of offices does not exceed $1,000,000:
    Provided further, That contracts or agreements entered into with funds
    appropriated under this heading may entail commitments for the
    expenditure of such funds through fiscal year 2006: Provided further,
    That none of the funds in this Act may be used to open a new overseas
    mission of the United States Agency for International Development
    without the prior written notification of the Committees on
    Appropriations: Provided further, That the authority of sections 610
    and 109 of the Foreign Assistance Act of 1961 may be exercised by the
    Secretary of State to transfer funds appropriated to carry out chapter
    1 of part I of such Act to ``Operating Expenses of the United States
    Agency for International Development'' in accordance with the
    provisions of those sections.

                             Capital investment fund

        For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section 667 of the Foreign
    Assistance Act of 1961, $59,000,000, to remain available until
    expended: Provided, That this amount is in addition to funds otherwise
    available for such purposes: Provided further, That funds appropriated
    under this heading shall be available for obligation only pursuant to
    the regular notification procedures of the Committees on
    Appropriations: Provided further, That of the amounts appropriated
    under this heading, not to exceed $19,709,000 may be made available for
    the purposes of implementing the Capital Security Cost Sharing Program.

        operating expenses of the united states agency for international
                    development office of inspector general

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $35,000,000, to remain available
    until September 30, 2006, which sum shall be available for the Office
    of the Inspector General of the United States Agency for International
    Development.

                      Other Bilateral Economic Assistance

                              economic support fund

        For necessary expenses to carry out the provisions of chapter 4 of
    part II, $2,482,500,000, to remain available until September 30, 2006:
    Provided, That of the funds appropriated under this heading, not less
    than $360,000,000 shall be available only for Israel, which sum shall
    be available on a grant basis as a cash transfer and shall be disbursed
    within 30 days of the enactment of this Act: Provided further, That not
    less than $535,000,000 shall be available only for Egypt, which sum
    shall be provided on a grant basis, and of which sum cash transfer
    assistance shall be provided with the understanding that Egypt will
    undertake significant economic reforms which are additional to those
    which were undertaken in previous fiscal years, and of which
    $200,000,000 should be provided as Commodity Import Program assistance:
    Provided further, That with respect to the provision of assistance for
    Egypt for democracy and governance activities, the organizations
    implementing such assistance and the specific nature of that assistance
    shall not be subject to the prior approval by the Government of Egypt:
    Provided further, That in exercising the authority to provide cash
    transfer assistance for Israel, the President shall ensure that the
    level of such assistance does not cause an adverse impact on the total
    level of nonmilitary exports from the United States to such country and
    that Israel enters into a side letter agreement in an amount
    proportional to the fiscal year 1999 agreement: Provided further, That
    of the funds appropriated under this heading, not less than
    $250,000,000 should be made available only for assistance for Jordan:
    Provided further, That $13,500,000 of the funds appropriated under this
    heading shall be made available for Cyprus to be used only for
    scholarships, administrative support of the scholarship program,
    bicommunal projects, and measures aimed at reunification of the island
    and designed to reduce tensions and promote peace and cooperation
    between the two communities on Cyprus: Provided further, That
    $35,000,000 of the funds appropriated under this heading shall be made
    available for assistance for Lebanon, of which not less than $4,000,000
    should be made available for scholarships and direct support of
    American educational institutions in Lebanon: Provided further, That
    funds appropriated under this heading may be used, notwithstanding any
    other provision of law, to provide assistance to the National
    Democratic Alliance of Sudan to strengthen its ability to protect
    civilians from attacks, slave raids, and aerial bombardment by the
    Sudanese Government forces and its militia allies, and the provision of
    such funds shall be subject to the regular notification procedures of
    the Committees on Appropriations: Provided further, That in the
    previous proviso, the term ``assistance'' includes non-lethal, non-food
    aid such as blankets, medicine, fuel, mobile clinics, water drilling
    equipment, communications equipment to notify civilians of aerial
    bombardment, non-military vehicles, tents, and shoes: Provided further,
    That not to exceed $200,000,000 of the funds appropriated under this
    heading may be used for the costs, as defined in section 502 of the
    Congressional Budget Act of 1974, of modifying direct loans and
    guarantees for Pakistan: Provided further, That amounts that are made
    available under the previous proviso for the costs of modifying direct
    loans and guarantees shall not be considered ``assistance'' for the
    purposes of provisions of law limiting assistance to a country:
    Provided further, That of the funds appropriated under this heading,
    not less than $22,000,000 shall be made available for assistance for
    the Democratic Republic of Timor-Leste, of which up to $1,000,000 may
    be available for administrative expenses of the United States Agency
    for International Development: Provided further, That of the funds
    available under this heading for assistance for Indonesia, $3,000,000
    should be made available to promote freedom of the media in Indonesia:
    Provided further, That of the funds appropriated under this heading,
    $5,000,000 shall be made available to continue to support the provision
    of wheelchairs for needy persons in developing countries: Provided
    further, That funds appropriated under this heading that are made
    available for a Middle East Financing Facility, Middle East Enterprise
    Fund, or any other similar entity in the Middle East shall be subject
    to the regular notification procedures of the Committees on
    Appropriations: Provided further, That with respect to funds
    appropriated under this heading in this Act or prior Acts making
    appropriations for foreign operations, export financing, and related
    programs, the responsibility for policy decisions and justifications
    for the use of such funds, including whether there will be a program
    for a country that uses those funds and the amount of each such
    program, shall be the responsibility of the Secretary of State and the
    Deputy Secretary of State and this responsibility shall not be
    delegated.

                          international fund for ireland

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $18,500,000, which shall
    be available for the United States contribution to the International
    Fund for Ireland and shall be made available in accordance with the
    provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
    99-415): Provided, That such amount shall be expended at the minimum
    rate necessary to make timely payment for projects and activities:
    Provided further, That funds made available under this heading shall
    remain available until September 30, 2006.

               assistance for eastern europe and the baltic states

        (a) For necessary expenses to carry out the provisions of the
    Foreign Assistance Act of 1961 and the Support for East European
    Democracy (SEED) Act of 1989, $396,600,000, to remain available until
    September 30, 2006, which shall be available, notwithstanding any other
    provision of law, for assistance and for related programs for Eastern
    Europe and the Baltic States: Provided, That of the funds appropriated
    under this heading that are made available for assistance for Bulgaria,
    $2,000,000 should be made available to enhance safety at nuclear power
    plants.
        (b) Funds appropriated under this heading shall be considered to be
    economic assistance under the Foreign Assistance Act of 1961 for
    purposes of making available the administrative authorities contained
    in that Act for the use of economic assistance.
        (c) The provisions of section 529 of this Act shall apply to funds
    appropriated under this heading: Provided, That notwithstanding any
    provision of this or any other Act, including provisions in this
    subsection regarding the application of section 529 of this Act, local
    currencies generated by, or converted from, funds appropriated by this
    Act and by previous appropriations Acts and made available for the
    economic revitalization program in Bosnia may be used in Eastern Europe
    and the Baltic States to carry out the provisions of the Foreign
    Assistance Act of 1961 and the Support for East European Democracy
    (SEED) Act of 1989.
        (d) The President is authorized to withhold funds appropriated
    under this heading made available for economic revitalization programs
    in Bosnia and Herzegovina, if he determines and certifies to the
    Committees on Appropriations that the Federation of Bosnia and
    Herzegovina has not complied with article III of annex 1-A of the
    General Framework Agreement for Peace in Bosnia and Herzegovina
    concerning the withdrawal of foreign forces, and that intelligence
    cooperation on training, investigations, and related activities between
    state sponsors of terrorism and terrorist organizations and Bosnian
    officials has not been terminated.

         assistance for the independent states of the former soviet union

        (a) For necessary expenses to carry out the provisions of chapters
    11 and 12 of part I of the Foreign Assistance Act of 1961 and the
    FREEDOM Support Act, for assistance for the Independent States of the
    former Soviet Union and for related programs, $560,000,000, to remain
    available until September 30, 2006: Provided, That the provisions of
    such chapters shall apply to funds appropriated by this paragraph:
    Provided further, That funds made available for the Southern Caucasus
    region may be used, notwithstanding any other provision of law, for
    confidence-building measures and other activities in furtherance of the
    peaceful resolution of the regional conflicts, especially those in the
    vicinity of Abkhazia and Nagorno-Karabagh: Provided further, That of
    the funds appropriated under this heading, $3,859,000 should be
    available only to meet the health and other assistance needs of victims
    of trafficking in persons: Provided further, That of the funds
    appropriated under this heading, $17,500,000 shall be made available
    solely for assistance for the Russian Far East: Provided further, That,
    notwithstanding any other provision of law, funds appropriated under
    this heading in this Act or prior Acts making appropriations for
    foreign operations, export financing, and related programs, that are
    made available pursuant to the provisions of section 807 of Public Law
    102-511 shall be subject to a 6 percent ceiling on administrative
    expenses.
        (b) Of the funds appropriated under this heading that are made
    available for assistance for Ukraine, not less than $5,000,000 should
    be made available for nuclear reactor safety initiatives, and not less
    than $1,500,000 shall be made available for coal mine safety programs.
        (c) Of the funds appropriated under this heading, not less than
    $55,000,000 should be made available, in addition to funds otherwise
    available for such purposes, for assistance for child survival,
    environmental and reproductive health, and to combat HIV/AIDS,
    tuberculosis and other infectious diseases, and for related activities.
        (d)(1) Of the funds appropriated under this heading that are
    allocated for assistance for the Government of the Russian Federation,
    60 percent shall be withheld from obligation until the President
    determines and certifies in writing to the Committees on Appropriations
    that the Government of the Russian Federation--
            (A) has terminated implementation of arrangements to provide
        Iran with technical expertise, training, technology, or equipment
        necessary to develop a nuclear reactor, related nuclear research
        facilities or programs, or ballistic missile capability; and
            (B) is providing full access to international non-government
        organizations providing humanitarian relief to refugees and
        internally displaced persons in Chechnya.
        (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child survival
        activities, or assistance for victims of trafficking in persons;
        and
            (B) activities authorized under title V (Nonproliferation and
        Disarmament Programs and Activities) of the FREEDOM Support Act.
        (e) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under title V
        of the FREEDOM Support Act and section 1424 of Public Law 104-201
        or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development Agency
        under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
        2421);
            (3) any activity carried out by a member of the United States
        and Foreign Commercial Service while acting within his or her
        official capacity;
            (4) any insurance, reinsurance, guarantee or other assistance
        provided by the Overseas Private Investment Corporation under title
        IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22
        U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act of
        1945; or
            (6) humanitarian assistance.

                              Independent Agencies

                            INTER-AMERICAN FOUNDATION

        For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $18,000,000, to remain available
    until September 30, 2006.

                          AFRICAN DEVELOPMENT FOUNDATION

        For necessary expenses to carry out title V of the International
    Security and Development Cooperation Act of 1980, Public Law 96-533,
    $19,000,000, to remain available until September 30, 2006: Provided,
    That funds made available to grantees may be invested pending
    expenditure for project purposes when authorized by the board of
    directors of the Foundation: Provided further, That interest earned
    shall be used only for the purposes for which the grant was made:
    Provided further, That notwithstanding section 505(a)(2) of the African
    Development Foundation Act, in exceptional circumstances the board of
    directors of the Foundation may waive the $250,000 limitation contained
    in that section with respect to a project: Provided further, That the
    Foundation shall provide a report to the Committees on Appropriations
    after each time such waiver authority is exercised.

                                   peace corps

        For necessary expenses to carry out the provisions of the Peace
    Corps Act (75 Stat. 612), $320,000,000, including the purchase of not
    to exceed five passenger motor vehicles for administrative purposes for
    use outside of the United States: Provided, That none of the funds
    appropriated under this heading shall be used to pay for abortions:
    Provided further, That funds appropriated under this heading shall
    remain available until September 30, 2006.

                         millennium challenge corporation

        For necessary expenses for the ``Millennium Challenge
    Corporation'', $1,500,000,000, to remain available until expended:
    Provided, That of the funds appropriated under this heading, up to
    $50,000,000 may be available for administrative expenses of the
    Millennium Challenge Corporation: Provided further, That none of the
    funds appropriated under this heading may be made available for the
    provision of assistance until the Chief Executive Officer of the
    Millennium Challenge Corporation provides a written budget
    justification to the Committees on Appropriations: Provided further,
    That up to 10 percent of the funds appropriated under this heading may
    be made available to carry out the purposes of section 616 of the
    Millennium Challenge Act of 2003: Provided further, That none of the
    funds available to carry out section 616 of such Act may be made
    available until the Chief Executive Officer of the Millennium Challenge
    Corporation provides a report to the Committees on Appropriations
    listing the candidate countries that will be receiving assistance under
    section 616 of such Act, the level of assistance proposed for each such
    country, a description of the proposed programs, projects and
    activities, and the implementing agency or agencies of the United
    States Government: Provided further, That section 605(e)(4) of the
    Millennium Challenge Act of 2003 shall apply to funds appropriated
    under this heading: Provided further, That funds appropriated under
    this heading, and funds appropriated under this heading in division D
    of Public Law 108-199, may be made available for a Millennium Challenge
    Compact entered into pursuant to section 609 of the Millennium
    Challenge Act of 2003 only if such Compact obligates, or contains a
    commitment to obligate subject to the availability of funds and the
    mutual agreement of the parties to the Compact to proceed, the entire
    amount of the United States Government funding anticipated for the
    duration of the Compact: Provided further, That the previous proviso
    shall be effective on the date of enactment of this Act.

                              Department of State

                            global hiv/aids initiative

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 for the prevention, treatment, and control of,
    and research on, HIV/AIDS, $1,385,000,000, to remain available until
    expended: Provided, That of the funds appropriated under this heading,
    not more than $8,818,000 may be made available for administrative
    expenses of the Office of the Coordinator of United States Government
    Activities to Combat HIV/AIDS Globally of the Department of State:
    Provided further, That of the funds appropriated under this heading,
    not less than $27,000,000 should be made available for a United States
    contribution to UNAIDS.

               international narcotics control and law enforcement

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $328,820,000, to remain available until
    September 30, 2007: Provided, That during fiscal year 2005, the
    Department of State may also use the authority of section 608 of the
    Foreign Assistance Act of 1961, without regard to its restrictions, to
    receive excess property from an agency of the United States Government
    for the purpose of providing it to a foreign country under chapter 8 of
    part I of that Act subject to the regular notification procedures of
    the Committees on Appropriations: Provided further, That the Secretary
    of State shall provide to the Committees on Appropriations not later
    than 45 days after the date of the enactment of this Act and prior to
    the initial obligation of funds appropriated under this heading, a
    report on the proposed uses of all funds under this heading on a
    country-by-country basis for each proposed program, project, or
    activity: Provided further, That of the funds appropriated under this
    heading, not less than $11,900,000 should be made available for
    training programs and activities of the International Law Enforcement
    Academies: Provided further, That of the funds appropriated under this
    heading, not less than $4,000,000 should be made available for
    assistance for the Philippines for police training and other related
    activities: Provided further, That $10,000,000 of the funds
    appropriated under this heading shall be made available for demand
    reduction programs: Provided further, That $40,000,000 of the funds
    appropriated under this heading should be made available for assistance
    for Mexico: Provided further, That $10,500,000 of the funds
    appropriated under this heading should be made available for assistance
    for countries and programs in Africa: Provided further, That of the
    funds appropriated under this heading, $3,000,000 shall be made
    available for assistance for the Government of Malta for the purchase
    of helicopters to enhance its ability to control its borders and deter
    terrorists: Provided further, That of the funds appropriated under this
    heading, not more than $30,300,000 may be available for administrative
    expenses.

                          andean counterdrug initiative

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961 to support counterdrug activities in the Andean
    region of South America, $731,000,000, to remain available until
    September 30, 2007: Provided, That in fiscal year 2005, funds available
    to the Department of State for assistance to the Government of Colombia
    shall be available to support a unified campaign against narcotics
    trafficking, against activities by organizations designated as
    terrorist organizations such as the Revolutionary Armed Forces of
    Colombia (FARC), the National Liberation Army (ELN), and the United
    Self-Defense Forces of Colombia (AUC), and to take actions to protect
    human health and welfare in emergency circumstances, including
    undertaking rescue operations: Provided further, That this authority
    shall cease to be effective if the Secretary of State has credible
    evidence that the Colombian Armed Forces are not conducting vigorous
    operations to restore government authority and respect for human rights
    in areas under the effective control of paramilitary and guerrilla
    organizations: Provided further, That the President shall ensure that
    if any helicopter procured with funds under this heading is used to aid
    or abet the operations of any illegal self-defense group or illegal
    security cooperative, such helicopter shall be immediately returned to
    the United States: Provided further, That none of the funds
    appropriated by this Act may be made available to support a Peruvian
    air interdiction program until the Secretary of State and Director of
    Central Intelligence certify to the Congress, 30 days before any
    resumption of United States involvement in a Peruvian air interdiction
    program, that an air interdiction program that permits the ability of
    the Peruvian Air Force to shoot down aircraft will include enhanced
    safeguards and procedures to prevent the occurrence of any incident
    similar to the April 20, 2001 incident: Provided further, That the
    Secretary of State, in consultation with the Administrator of the
    United States Agency for International Development, shall provide to
    the Committees on Appropriations not later than 45 days after the date
    of the enactment of this Act and prior to the initial obligation of
    funds appropriated under this heading, a report on the proposed uses of
    all funds under this heading on a country-by-country basis for each
    proposed program, project, or activity: Provided further, That of the
    funds appropriated under this heading, not less than $264,600,000 shall
    be made available for alternative development/institution building, of
    which $237,000,000 shall be apportioned directly to the United States
    Agency for International Development, including $125,700,000 for
    assistance for Colombia: Provided further, That with respect to funds
    apportioned to the United States Agency for International Development
    under the previous proviso, the responsibility for policy decisions for
    the use of such funds, including what activities will be funded and the
    amount of funds that will be provided for each of those activities,
    shall be the responsibility of the Administrator of the United States
    Agency for International Development in consultation with the Assistant
    Secretary of State for International Narcotics and Law Enforcement
    Affairs: Provided further, That of the funds appropriated under this
    heading, not less than $6,000,000 should be made available for judicial
    reform programs in Colombia: Provided further, That of the funds
    appropriated under this heading, in addition to funds made available
    pursuant to the previous proviso, not less than $6,000,000 shall be
    made available to the United States Agency for International
    Development for organizations and programs to protect human rights:
    Provided further, That funds made available in this Act for
    demobilization/reintegration of members of foreign terrorist
    organizations in Colombia shall be subject to prior consultation with,
    and the regular notification procedures of, the Committees on
    Appropriations: Provided further, That not more than 20 percent of the
    funds appropriated by this Act that are used for the procurement of
    chemicals for aerial coca and poppy fumigation programs may be made
    available for such programs unless the Secretary of State certifies to
    the Committees on Appropriations that: (1) the herbicide mixture is
    being used in accordance with EPA label requirements for comparable use
    in the United States and with Colombian laws; and (2) the herbicide
    mixture, in the manner it is being used, does not pose unreasonable
    risks or adverse effects to humans or the environment: Provided
    further, That such funds may not be made available unless the Secretary
    of State certifies to the Committees on Appropriations that complaints
    of harm to health or licit crops caused by such fumigation are
    evaluated and fair compensation is being paid for meritorious claims:
    Provided further, That such funds may not be made available for such
    purposes unless programs are being implemented by the United States
    Agency for International Development, the Government of Colombia, or
    other organizations, in consultation with local communities, to provide
    alternative sources of income in areas where security permits for
    small-acreage growers whose illicit crops are targeted for fumigation:
    Provided further, That of the funds appropriated under this heading,
    $2,000,000 should be made available through nongovernmental
    organizations for programs to protect biodiversity and indigenous
    reserves in Colombia: Provided further, That funds appropriated by this
    Act may be used for aerial fumigation in Colombia's national parks or
    reserves only if the Secretary of State determines that it is in
    accordance with Colombian laws and that there are no effective
    alternatives to reduce drug cultivation in these areas: Provided
    further, That section 482(b) of the Foreign Assistance Act of 1961
    shall not apply to funds appropriated under this heading: Provided
    further, That assistance provided with funds appropriated under this
    heading that is made available notwithstanding section 482(b) of the
    Foreign Assistance Act of 1961 shall be made available subject to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That no United States Armed Forces personnel or
    United States civilian contractor employed by the United States will
    participate in any combat operation in connection with assistance made
    available by this Act for Colombia: Provided further, That funds
    appropriated under this heading that are available for assistance for
    the Bolivian military and police may be made available for such
    purposes only if the Bolivian military and police are respecting human
    rights and cooperating with civilian judicial authorities, and the
    Bolivian Government is prosecuting and punishing those responsible for
    violations of human rights: Provided further, That of the funds
    appropriated under this heading, not more than $16,285,000 may be
    available for administrative expenses of the Department of State, and
    not more than $7,800,000 may be available, in addition to amounts
    otherwise available for such purposes, for administrative expenses of
    the United States Agency for International Development.

                         migration and refugee assistance

        For expenses, not otherwise provided for, necessary to enable the
    Secretary of State to provide, as authorized by law, a contribution to
    the International Committee of the Red Cross, assistance to refugees,
    including contributions to the International Organization for Migration
    and the United Nations High Commissioner for Refugees, and other
    activities to meet refugee and migration needs; salaries and expenses
    of personnel and dependents as authorized by the Foreign Service Act of
    1980; allowances as authorized by sections 5921 through 5925 of title
    5, United States Code; purchase and hire of passenger motor vehicles;
    and services as authorized by section 3109 of title 5, United States
    Code, $770,000,000, which shall remain available until expended:
    Provided, That not more than $22,000,000 may be available for
    administrative expenses: Provided further, That not less than
    $50,000,000 of the funds made available under this heading shall be
    made available for refugees from the former Soviet Union and Eastern
    Europe and other refugees resettling in Israel: Provided further, That
    funds appropriated under this heading may be made available for a
    headquarters contribution to the International Committee of the Red
    Cross only if the Secretary of State determines (and so reports to the
    appropriate committees of Congress) that the Magen David Adom Society
    of Israel is not being denied participation in the activities of the
    International Red Cross and Red Crescent Movement.

          united states emergency refugee and migration assistance fund

        For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962, as amended (22
    U.S.C. 2601(c)), $30,000,000, to remain available until expended:
    Provided, That funds made available under this heading are appropriated
    notwithstanding the provisions contained in section 2(c)(2) of such Act
    which would limit the amount of funds which could be appropriated for
    this purpose.

         nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $402,000,000, to carry
    out the provisions of chapter 8 of part II of the Foreign Assistance
    Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
    Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
    section 23 of the Arms Export Control Act or the Foreign Assistance Act
    of 1961 for demining activities, the clearance of unexploded ordnance,
    the destruction of small arms, and related activities, notwithstanding
    any other provision of law, including activities implemented through
    nongovernmental and international organizations, and section 301 of the
    Foreign Assistance Act of 1961 for a voluntary contribution to the
    International Atomic Energy Agency (IAEA), and for a United States
    contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
    Commission: Provided, That of this amount not to exceed $32,000,000, to
    remain available until expended, may be made available for the
    Nonproliferation and Disarmament Fund, notwithstanding any other
    provision of law, to promote bilateral and multilateral activities
    relating to nonproliferation and disarmament: Provided further, That
    such funds may also be used for such countries other than the
    Independent States of the former Soviet Union and international
    organizations when it is in the national security interest of the
    United States to do so: Provided further, That funds appropriated under
    this heading may be made available for the International Atomic Energy
    Agency only if the Secretary of State determines (and so reports to the
    Congress) that Israel is not being denied its right to participate in
    the activities of that Agency: Provided further, That funds available
    during fiscal year 2005 for a contribution to the Comprehensive Nuclear
    Test Ban Treaty Preparatory Commission and that are not necessary to
    make the United States contribution to the Commission in the amount
    assessed for fiscal year 2005 shall be made available for a voluntary
    contribution to the International Atomic Energy Agency and shall remain
    available until September 30, 2006: Provided further, That of the funds
    made available for demining and related activities, not to exceed
    $690,000, in addition to funds otherwise available for such purposes,
    may be used for administrative expenses related to the operation and
    management of the demining program: Provided further, That funds
    appropriated under this heading that are available for ``Anti-terrorism
    Assistance'' and ``Export Control and Border Security'' shall remain
    available until September 30, 2006.

                           Department of the Treasury

                    International Affairs Technical Assistance

        For necessary expenses to carry out the provisions of section 129
    of the Foreign Assistance Act of 1961, $19,000,000, to remain available
    until September 30, 2007, which shall be available notwithstanding any
    other provision of law.

                                DEBT RESTRUCTURING

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of modifying loans and loan guarantees, as the President
    may determine, for which funds have been appropriated or otherwise made
    available for programs within the International Affairs Budget Function
    150, including the cost of selling, reducing, or canceling amounts owed
    to the United States as a result of concessional loans made to eligible
    countries, pursuant to parts IV and V of the Foreign Assistance Act of
    1961, and of modifying concessional credit agreements with least
    developed countries, as authorized under section 411 of the
    Agricultural Trade Development and Assistance Act of 1954, as amended,
    and concessional loans, guarantees and credit agreements, as authorized
    under section 572 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989 (Public Law 100-461), and of
    canceling amounts owed, as a result of loans or guarantees made
    pursuant to the Export-Import Bank Act of 1945, by countries that are
    eligible for debt reduction pursuant to title V of H.R. 3425 as enacted
    into law by section 1000(a)(5) of Public Law 106-113, $100,000,000, to
    remain available until September 30, 2007: Provided, That not less than
    $20,000,000 of the funds appropriated under this heading shall be made
    available to carry out the provisions of part V of the Foreign
    Assistance Act of 1961: Provided further, That up to $75,000,000 of the
    funds appropriated under this heading may be used by the Secretary of
    the Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust
    Fund administered by the International Bank for Reconstruction and
    Development amounts for the benefit of countries that are eligible for
    debt reduction pursuant to title V of H.R. 3425 as enacted into law by
    section 1000(a)(5) of Public Law 106-113: Provided further, That
    amounts paid to the HIPC Trust Fund may be used only to fund debt
    reduction under the enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:
    Provided further, That funds may not be paid to the HIPC Trust Fund for
    the benefit of any country if the Secretary of State has credible
    evidence that the government of such country is engaged in a consistent
    pattern of gross violations of internationally recognized human rights
    or in military or civil conflict that undermines its ability to develop
    and implement measures to alleviate poverty and to devote adequate
    human and financial resources to that end: Provided further, That on
    the basis of final appropriations, the Secretary of the Treasury shall
    consult with the Committees on Appropriations concerning which
    countries and international financial institutions are expected to
    benefit from a United States contribution to the HIPC Trust Fund during
    the fiscal year: Provided further, That the Secretary of the Treasury
    shall inform the Committees on Appropriations not less than 15 days in
    advance of the signature of an agreement by the United States to make
    payments to the HIPC Trust Fund of amounts for such countries and
    institutions: Provided further, That the Secretary of the Treasury may
    disburse funds designated for debt reduction through the HIPC Trust
    Fund only for the benefit of countries that--
            (1) have committed, for a period of 24 months, not to accept
        new market-rate loans from the international financial institution
        receiving debt repayment as a result of such disbursement, other
        than loans made by such institutions to export-oriented commercial
        projects that generate foreign exchange which are generally
        referred to as ``enclave'' loans; and
            (2) have documented and demonstrated their commitment to
        redirect their budgetary resources from international debt
        repayments to programs to alleviate poverty and promote economic
        growth that are additional to or expand upon those previously
        available for such purposes:
    Provided further, That any limitation of subsection (e) of section 411
    of the Agricultural Trade Development and Assistance Act of 1954 shall
    not apply to funds appropriated under this heading: Provided further,
    That none of the funds made available under this heading in this or any
    other appropriations Act shall be made available for Sudan or Burma
    unless the Secretary of the Treasury determines and notifies the
    Committees on Appropriations that a democratically elected government
    has taken office: Provided further, That none of the funds appropriated
    under this heading may be paid to the HIPC Trust Fund for the benefit
    of any country that has accepted loans from an international financial
    institution between such country's decision point and completion point:
    Provided further, That the terms ``decision point'' and ``completion
    point'' shall have the same meaning as defined by the International
    Monetary Fund.

                         TITLE III--MILITARY ASSISTANCE

                      Funds Appropriated to the President

                  international military education and training

        For necessary expenses to carry out the provisions of section 541
    of the Foreign Assistance Act of 1961, $89,730,000, of which up to
    $3,000,000 may remain available until expended: Provided, That the
    civilian personnel for whom military education and training may be
    provided under this heading may include civilians who are not members
    of a government whose participation would contribute to improved civil-
    military relations, civilian control of the military, or respect for
    human rights: Provided further, That funds appropriated under this
    heading for military education and training for Guatemala may only be
    available for expanded international military education and training,
    and funds made available for Haiti, the Democratic Republic of the
    Congo, and Nigeria may only be provided through the regular
    notification procedures of the Committees on Appropriations.

                        foreign military financing program

                          (including transfer of funds)

        For expenses necessary for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act,
    $4,783,500,000: Provided, That of the funds appropriated under this
    heading, not less than $2,220,000,000 shall be available for grants
    only for Israel, and not less than $1,300,000,000 shall be made
    available for grants only for Egypt: Provided further, That the funds
    appropriated by this paragraph for Israel shall be disbursed within 30
    days of the enactment of this Act: Provided further, That to the extent
    that the Government of Israel requests that funds be used for such
    purposes, grants made available for Israel by this paragraph shall, as
    agreed by Israel and the United States, be available for advanced
    weapons systems, of which not less than $580,000,000 shall be available
    for the procurement in Israel of defense articles and defense services,
    including research and development: Provided further, That of the funds
    appropriated by this paragraph, $206,000,000 should be made available
    for assistance for Jordan: Provided further, That in addition to the
    funds appropriated under this heading, up to $150,000,000 for
    assistance for Pakistan may be derived by transfer from unobligated
    balances of funds appropriated under the headings ``Economic Support
    Fund'' and ``Foreign Military Financing Program'' in prior
    appropriations Acts and not otherwise designated in those Acts for a
    specific country, use, or purpose: Provided further, That of the funds
    appropriated under this heading, not more than $2,000,000 may be made
    available for assistance for Uganda and only for non-lethal military
    equipment if the Secretary of State determines and reports to the
    Committees on Appropriations that the Government of Uganda has made
    significant progress in: (1) the protection of human rights, especially
    preventing acts of torture; (2) the protection of civilians in northern
    and eastern Uganda; and (3) the professionalization of the Ugandan
    armed forces: Provided further, That funds appropriated or otherwise
    made available by this paragraph shall be nonrepayable notwithstanding
    any requirement in section 23 of the Arms Export Control Act: Provided
    further, That funds made available under this paragraph shall be
    obligated upon apportionment in accordance with paragraph (5)(C) of
    title 31, United States Code, section 1501(a).
        None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such funds:
    Provided, That all country and funding level increases in allocations
    shall be submitted through the regular notification procedures of
    section 515 of this Act: Provided further, That none of the funds
    appropriated under this heading shall be available for assistance for
    Sudan and Guatemala: Provided further, That none of the funds
    appropriated under this heading may be made available for assistance
    for Haiti except pursuant to the regular notification procedures of the
    Committees on Appropriations: Provided further, That funds made
    available under this heading may be used, notwithstanding any other
    provision of law, for demining, the clearance of unexploded ordnance,
    and related activities, and may include activities implemented through
    nongovernmental and international organizations: Provided further, That
    only those countries for which assistance was justified for the
    ``Foreign Military Sales Financing Program'' in the fiscal year 1989
    congressional presentation for security assistance programs may utilize
    funds made available under this heading for procurement of defense
    articles, defense services or design and construction services that are
    not sold by the United States Government under the Arms Export Control
    Act: Provided further, That funds appropriated under this heading shall
    be expended at the minimum rate necessary to make timely payment for
    defense articles and services: Provided further, That not more than
    $40,000,000 of the funds appropriated under this heading may be
    obligated for necessary expenses, including the purchase of passenger
    motor vehicles for replacement only for use outside of the United
    States, for the general costs of administering military assistance and
    sales: Provided further, That not more than $367,000,000 of funds
    realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
    may be obligated for expenses incurred by the Department of Defense
    during fiscal year 2005 pursuant to section 43(b) of the Arms Export
    Control Act, except that this limitation may be exceeded only through
    the regular notification procedures of the Committees on
    Appropriations: Provided further, That foreign military financing
    program funds estimated to be outlayed for Egypt during fiscal year
    2005 shall be transferred to an interest bearing account for Egypt in
    the Federal Reserve Bank of New York within 30 days of enactment of
    this Act.

                             peacekeeping operations

        For necessary expenses to carry out the provisions of section 551
    of the Foreign Assistance Act of 1961, $104,000,000: Provided, That
    none of the funds appropriated under this heading shall be obligated or
    expended except as provided through the regular notification procedures
    of the Committees on Appropriations.

                   TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                       funds appropriated to the president

                       international financial institutions

                           global environment facility

        For the United States contribution for the Global Environment
    Facility, $107,500,000 to the International Bank for Reconstruction and
    Development as trustee for the Global Environment Facility, by the
    Secretary of the Treasury, to remain available until expended.

            contribution to the international development association

        For payment to the International Development Association by the
    Secretary of the Treasury, $850,000,000, to remain available until
    expended.

          contribution to the enterprise for the americas multilateral
                                investment fund

        For payment to the Enterprise for the Americas Multilateral
    Investment Fund by the Secretary of the Treasury, for the United States
    contribution to the fund, $11,000,000, to remain available until
    expended.

                    contribution to the asian development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the Asian Development Fund, as
    authorized by the Asian Development Bank Act, as amended, $100,000,000,
    to remain available until expended.

                   Contribution to the African Development Bank

        For payment to the African Development Bank by the Secretary of the
    Treasury, $4,100,000, for the United States paid-in share of the
    increase in capital stock, to remain available until expended.

                   limitation on callable capital subscriptions

        The United States Governor of the African Development Bank may
    subscribe without fiscal year limitation for the callable capital
    portion of the United States share of such capital stock in an amount
    not to exceed $79,532,933.

                   contribution to the african development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the African Development Fund,
    $106,000,000, to remain available until expended.

       contribution to the european bank for reconstruction and development

        For payment to the European Bank for Reconstruction and Development
    by the Secretary of the Treasury, $35,431,111 for the United States
    share of the paid-in portion of the increase in capital stock, to
    remain available until expended.

                   limitation on callable capital subscriptions

        The United States Governor of the European Bank for Reconstruction
    and Development may subscribe without fiscal year limitation to the
    callable capital portion of the United States share of such capital
    stock in an amount not to exceed $121,996,662.

      contribution to the international fund for agricultural development

        For the United States contribution by the Secretary of the Treasury
    to increase the resources of the International Fund for Agricultural
    Development, $15,000,000, to remain available until expended.

                    international organizations and programs

        For necessary expenses to carry out the provisions of section 301
    of the Foreign Assistance Act of 1961, and of section 2 of the United
    Nations Environment Program Participation Act of 1973, $328,394,000:
    Provided, That none of the funds appropriated under this heading may be
    made available to the International Atomic Energy Agency (IAEA).

                          TITLE V--GENERAL PROVISIONS

       compensation for united states executive directors to international
                             financial institutions

        Sec. 501. (a) No funds appropriated by this Act may be made as
    payment to any international financial institution while the United
    States Executive Director to such institution is compensated by the
    institution at a rate which, together with whatever compensation such
    Director receives from the United States, is in excess of the rate
    provided for an individual occupying a position at level IV of the
    Executive Schedule under section 5315 of title 5, United States Code,
    or while any alternate United States Director to such institution is
    compensated by the institution at a rate in excess of the rate provided
    for an individual occupying a position at level V of the Executive
    Schedule under section 5316 of title 5, United States Code.
        (b) For purposes of this section ``international financial
    institutions'' are: the International Bank for Reconstruction and
    Development, the Inter-American Development Bank, the Asian Development
    Bank, the Asian Development Fund, the African Development Bank, the
    African Development Fund, the International Monetary Fund, the North
    American Development Bank, and the European Bank for Reconstruction and
    Development.

        restrictions on voluntary contributions to united nations agencies

        Sec. 502. None of the funds appropriated by this Act may be made
    available to pay any voluntary contribution of the United States to the
    United Nations (including the United Nations Development Program) if
    the United Nations implements or imposes any taxation on any United
    States persons.

                         limitation on residence expenses

        Sec. 503. Of the funds appropriated or made available pursuant to
    this Act, not to exceed $100,500 shall be for official residence
    expenses of the United States Agency for International Development
    during the current fiscal year: Provided, That appropriate steps shall
    be taken to assure that, to the maximum extent possible, United States-
    owned foreign currencies are utilized in lieu of dollars.

                              limitation on expenses

        Sec. 504. Of the funds appropriated or made available pursuant to
    this Act, not to exceed $5,000 shall be for entertainment expenses of
    the United States Agency for International Development during the
    current fiscal year.

                    limitation on representational allowances

        Sec. 505. Of the funds appropriated or made available pursuant to
    this Act, not to exceed $125,000 shall be available for representation
    allowances for the United States Agency for International Development
    during the current fiscal year: Provided, That appropriate steps shall
    be taken to assure that, to the maximum extent possible, United States-
    owned foreign currencies are utilized in lieu of dollars: Provided
    further, That of the funds made available by this Act for general costs
    of administering military assistance and sales under the heading
    ``Foreign Military Financing Program'', not to exceed $4,000 shall be
    available for entertainment expenses and not to exceed $130,000 shall
    be available for representation allowances: Provided further, That of
    the funds made available by this Act under the heading ``International
    Military Education and Training'', not to exceed $55,000 shall be
    available for entertainment allowances: Provided further, That of the
    funds made available by this Act for the Inter-American Foundation, not
    to exceed $2,000 shall be available for entertainment and
    representation allowances: Provided further, That of the funds made
    available by this Act for the Peace Corps, not to exceed a total of
    $4,000 shall be available for entertainment expenses: Provided further,
    That of the funds made available by this Act under the heading ``Trade
    and Development Agency'', not to exceed $4,000 shall be available for
    representation and entertainment allowances: Provided further, That of
    the funds made available by this Act under the heading ``Millennium
    Challenge Corporation'', not to exceed $115,000 shall be available for
    representation and entertainment allowances.

               prohibition on taxation of united states assistance

        Sec. 506. (a) Prohibition on Taxation.--None of the funds
    appropriated by this Act may be made available to provide assistance
    for a foreign country under a new bilateral agreement governing the
    terms and conditions under which such assistance is to be provided
    unless such agreement includes a provision stating that assistance
    provided by the United States shall be exempt from taxation, or
    reimbursed, by the foreign government, and the Secretary of State shall
    expeditiously seek to negotiate amendments to existing bilateral
    agreements, as necessary, to conform with this requirement.
        (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
    percent of the total taxes assessed during fiscal year 2005 on funds
    appropriated by this Act by a foreign government or entity against
    commodities financed under United States assistance programs for which
    funds are appropriated by this Act, either directly or through
    grantees, contractors and subcontractors shall be withheld from
    obligation from funds appropriated for assistance for fiscal year 2006
    and allocated for the central government of such country and for the
    West Bank and Gaza Program to the extent that the Secretary of State
    certifies and reports in writing to the Committees on Appropriations
    that such taxes have not been reimbursed to the Government of the
    United States.
        (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
        (d) Reprogramming of Funds.--Funds withheld from obligation for
    each country or entity pursuant to subsection (b) shall be reprogrammed
    for assistance to countries which do not assess taxes on United States
    assistance or which have an effective arrangement that is providing
    substantial reimbursement of such taxes.
        (e) Determinations.--
            (1) The provisions of this section shall not apply to any
        country or entity the Secretary of State determines--
                (A) does not assess taxes on United States assistance or
            which has an effective arrangement that is providing
            substantial reimbursement of such taxes; or
                (B) the foreign policy interests of the United States
            outweigh the policy of this section to ensure that United
            States assistance is not subject to taxation.
            (2) The Secretary of State shall consult with the Committees on
        Appropriations at least 15 days prior to exercising the authority
        of this subsection with regard to any country or entity.
        (f) Implementation.--The Secretary of State shall issue rules,
    regulations, or policy guidance, as appropriate, to implement the
    prohibition against the taxation of assistance contained in this
    section.
        (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value added
        taxes and customs duties imposed on commodities financed with
        United States assistance for programs for which funds are
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework
        bilateral agreement between the Government of the United States and
        the government of the country receiving assistance that describes
        the privileges and immunities applicable to United States foreign
        assistance for such country generally, or an individual agreement
        between the Government of the United States and such government
        that describes, among other things, the treatment for tax purposes
        that will be accorded the United States assistance provided under
        that agreement.

             prohibition against direct funding for certain countries

        Sec. 507. None of the funds appropriated or otherwise made
    available pursuant to this Act shall be obligated or expended to
    finance directly any assistance or reparations to Cuba, Libya, North
    Korea, Iran, or Syria: Provided, That for purposes of this section, the
    prohibition on obligations or expenditures shall include direct loans,
    credits, insurance and guarantees of the Export-Import Bank or its
    agents.

                                  military coups

        Sec. 508. None of the funds appropriated or otherwise made
    available pursuant to this Act shall be obligated or expended to
    finance directly any assistance to the government of any country whose
    duly elected head of government is deposed by decree or military coup:
    Provided, That assistance may be resumed to such government if the
    President determines and certifies to the Committees on Appropriations
    that subsequent to the termination of assistance a democratically
    elected government has taken office: Provided further, That the
    provisions of this section shall not apply to assistance to promote
    democratic elections or public participation in democratic processes:
    Provided further, That funds made available pursuant to the previous
    provisos shall be subject to the regular notification procedures of the
    Committees on Appropriations.

                                    transfers

        Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--None of
    the funds made available by this Act may be transferred to any
    department, agency, or instrumentality of the United States Government,
    except pursuant to a transfer made by, or transfer authority provided
    in, this Act or any other appropriation Act.
        (2) Notwithstanding paragraph (1), in addition to transfers made
    by, or authorized elsewhere in, this Act, funds appropriated by this
    Act to carry out the purposes of the Foreign Assistance Act of 1961 may
    be allocated or transferred to agencies of the United States Government
    pursuant to the provisions of sections 109, 610, and 632 of the Foreign
    Assistance Act of 1961.
        (b) Transfers Between Accounts.--None of the funds made available
    by this Act may be obligated under an appropriation account to which
    they were not appropriated, except for transfers specifically provided
    for in this Act, unless the President, not less than 5 days prior to
    the exercise of any authority contained in the Foreign Assistance Act
    of 1961 to transfer funds, consults with and provides a written policy
    justification to the Committees on Appropriations of the House of
    Representatives and the Senate.
        (c) Audit of Inter-Agency Transfers.--Any agreement for the
    transfer or allocation of funds appropriated by this Act, or prior
    Acts, entered into between the United States Agency for International
    Development and another agency of the United States Government under
    the authority of section 632(a) of the Foreign Assistance Act of 1961
    or any comparable provision of law, shall expressly provide that the
    Office of the Inspector General for the agency receiving the transfer
    or allocation of such funds shall perform periodic program and
    financial audits of the use of such funds: Provided, That funds
    transferred under such authority may be made available for the cost of
    such audits.

                      commercial leasing of defense articles

        Sec. 510. Notwithstanding any other provision of law, and subject
    to the regular notification procedures of the Committees on
    Appropriations, the authority of section 23(a) of the Arms Export
    Control Act may be used to provide financing to Israel, Egypt and NATO
    and major non-NATO allies for the procurement by leasing (including
    leasing with an option to purchase) of defense articles from United
    States commercial suppliers, not including Major Defense Equipment
    (other than helicopters and other types of aircraft having possible
    civilian application), if the President determines that there are
    compelling foreign policy or national security reasons for those
    defense articles being provided by commercial lease rather than by
    government-to-government sale under such Act.

                              availability of funds

        Sec. 511. No part of any appropriation contained in this Act shall
    remain available for obligation after the expiration of the current
    fiscal year unless expressly so provided in this Act: Provided, That
    funds appropriated for the purposes of chapters 1, 8, 11, and 12 of
    part I, section 667, chapters 4, 6, 8, and 9 of part II of the Foreign
    Assistance Act of 1961, section 23 of the Arms Export Control Act, and
    funds provided under the heading ``Assistance for Eastern Europe and
    the Baltic States'', shall remain available for an additional 4 years
    from the date on which the availability of such funds would otherwise
    have expired, if such funds are initially obligated before the
    expiration of their respective periods of availability contained in
    this Act: Provided further, That, notwithstanding any other provision
    of this Act, any funds made available for the purposes of chapter 1 of
    part I and chapter 4 of part II of the Foreign Assistance Act of 1961
    which are allocated or obligated for cash disbursements in order to
    address balance of payments or economic policy reform objectives, shall
    remain available until expended.

                 limitation on assistance to countries in default

        Sec. 512. No part of any appropriation contained in this Act shall
    be used to furnish assistance to the government of any country which is
    in default during a period in excess of 1 calendar year in payment to
    the United States of principal or interest on any loan made to the
    government of such country by the United States pursuant to a program
    for which funds are appropriated under this Act unless the President
    determines, following consultations with the Committees on
    Appropriations, that assistance to such country is in the national
    interest of the United States.

                                commerce and trade

        Sec. 513. (a) None of the funds appropriated or made available
    pursuant to this Act for direct assistance and none of the funds
    otherwise made available pursuant to this Act to the Export-Import Bank
    and the Overseas Private Investment Corporation shall be obligated or
    expended to finance any loan, any assistance or any other financial
    commitments for establishing or expanding production of any commodity
    for export by any country other than the United States, if the
    commodity is likely to be in surplus on world markets at the time the
    resulting productive capacity is expected to become operative and if
    the assistance will cause substantial injury to United States producers
    of the same, similar, or competing commodity: Provided, That such
    prohibition shall not apply to the Export-Import Bank if in the
    judgment of its Board of Directors the benefits to industry and
    employment in the United States are likely to outweigh the injury to
    United States producers of the same, similar, or competing commodity,
    and the Chairman of the Board so notifies the Committees on
    Appropriations.
        (b) None of the funds appropriated by this or any other Act to
    carry out chapter 1 of part I of the Foreign Assistance Act of 1961
    shall be available for any testing or breeding feasibility study,
    variety improvement or introduction, consultancy, publication,
    conference, or training in connection with the growth or production in
    a foreign country of an agricultural commodity for export which would
    compete with a similar commodity grown or produced in the United
    States: Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in developing
        countries where such activities will not have a significant impact
        on the export of agricultural commodities of the United States; or
            (2) research activities intended primarily to benefit American
        producers.

                               surplus commodities

        Sec. 514. The Secretary of the Treasury shall instruct the United
    States Executive Directors of the International Bank for Reconstruction
    and Development, the International Development Association, the
    International Finance Corporation, the Inter-American Development Bank,
    the International Monetary Fund, the Asian Development Bank, the Inter-
    American Investment Corporation, the North American Development Bank,
    the European Bank for Reconstruction and Development, the African
    Development Bank, and the African Development Fund to use the voice and
    vote of the United States to oppose any assistance by these
    institutions, using funds appropriated or made available pursuant to
    this Act, for the production or extraction of any commodity or mineral
    for export, if it is in surplus on world markets and if the assistance
    will cause substantial injury to United States producers of the same,
    similar, or competing commodity.

                            notification requirements

        Sec. 515. For the purposes of providing the executive branch with
    the necessary administrative flexibility, none of the funds made
    available under this Act for ``Child Survival and Health Programs
    Fund'', ``Development Assistance'', ``International Organizations and
    Programs'', ``Trade and Development Agency'', ``International Narcotics
    Control and Law Enforcement'', ``Andean Counterdrug Initiative'',
    ``Assistance for Eastern Europe and the Baltic States'', ``Assistance
    for the Independent States of the Former Soviet Union'', ``Economic
    Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping
    Operations'', ``Capital Investment Fund'', ``Operating Expenses of the
    United States Agency for International Development'', ``Operating
    Expenses of the United States Agency for International Development
    Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
    Demining and Related Programs'', ``Millennium Challenge Corporation''
    (by country only), ``Foreign Military Financing Program'',
    ``International Military Education and Training'', ``Peace Corps'', and
    ``Migration and Refugee Assistance'', shall be available for obligation
    for activities, programs, projects, type of materiel assistance,
    countries, or other operations not justified or in excess of the amount
    justified to the Committees on Appropriations for obligation under any
    of these specific headings unless the Committees on Appropriations of
    both Houses of Congress are previously notified 15 days in advance:
    Provided, That the President shall not enter into any commitment of
    funds appropriated for the purposes of section 23 of the Arms Export
    Control Act for the provision of major defense equipment, other than
    conventional ammunition, or other major defense items defined to be
    aircraft, ships, missiles, or combat vehicles, not previously justified
    to Congress or 20 percent in excess of the quantities justified to
    Congress unless the Committees on Appropriations are notified 15 days
    in advance of such commitment: Provided further, That this section
    shall not apply to any reprogramming for an activity, program, or
    project for which funds are appropriated under title II of this Act of
    less than 10 percent of the amount previously justified to the Congress
    for obligation for such activity, program, or project for the current
    fiscal year: Provided further, That the requirements of this section or
    any similar provision of this Act or any other Act, including any prior
    Act requiring notification in accordance with the regular notification
    procedures of the Committees on Appropriations, may be waived if
    failure to do so would pose a substantial risk to human health or
    welfare: Provided further, That in case of any such waiver,
    notification to the Congress, or the appropriate congressional
    committees, shall be provided as early as practicable, but in no event
    later than 3 days after taking the action to which such notification
    requirement was applicable, in the context of the circumstances
    necessitating such waiver: Provided further, That any notification
    provided pursuant to such a waiver shall contain an explanation of the
    emergency circumstances.

       limitation on availability of funds for international organizations
                                  and programs

        Sec. 516. Subject to the regular notification procedures of the
    Committees on Appropriations, funds appropriated under this Act or any
    previously enacted Act making appropriations for foreign operations,
    export financing, and related programs, which are returned or not made
    available for organizations and programs because of the implementation
    of section 307(a) of the Foreign Assistance Act of 1961, shall remain
    available for obligation until September 30, 2006.

                  independent states of the former soviet union

        Sec. 517. (a) None of the funds appropriated under the heading
    ``Assistance for the Independent States of the Former Soviet Union''
    shall be made available for assistance for a government of an
    Independent State of the former Soviet Union if that government directs
    any action in violation of the territorial integrity or national
    sovereignty of any other Independent State of the former Soviet Union,
    such as those violations included in the Helsinki Final Act: Provided,
    That such funds may be made available without regard to the restriction
    in this subsection if the President determines that to do so is in the
    national security interest of the United States.
        (b) None of the funds appropriated under the heading ``Assistance
    for the Independent States of the Former Soviet Union'' shall be made
    available for any state to enhance its military capability: Provided,
    That this restriction does not apply to demilitarization, demining or
    nonproliferation programs.
        (c) Funds appropriated under the heading ``Assistance for the
    Independent States of the Former Soviet Union'' for the Russian
    Federation, Armenia, Georgia, and Ukraine shall be subject to the
    regular notification procedures of the Committees on Appropriations.
        (d) Funds made available in this Act for assistance for the
    Independent States of the former Soviet Union shall be subject to the
    provisions of section 117 (relating to environment and natural
    resources) of the Foreign Assistance Act of 1961.
        (e) In issuing new task orders, entering into contracts, or making
    grants, with funds appropriated in this Act or prior appropriations
    Acts under the heading ``Assistance for the Independent States of the
    Former Soviet Union'' and under comparable headings in prior
    appropriations Acts, for projects or activities that have as one of
    their primary purposes the fostering of private sector development, the
    Coordinator for United States Assistance to Europe and Eurasia and the
    implementing agency shall encourage the participation of and give
    significant weight to contractors and grantees who propose investing a
    significant amount of their own resources (including volunteer services
    and in-kind contributions) in such projects and activities.

        PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION

        Sec. 518. None of the funds made available to carry out part I of
    the Foreign Assistance Act of 1961, as amended, may be used to pay for
    the performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions. None of the funds
    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for the performance of involuntary
    sterilization as a method of family planning or to coerce or provide
    any financial incentive to any person to undergo sterilizations. None
    of the funds made available to carry out part I of the Foreign
    Assistance Act of 1961, as amended, may be used to pay for any
    biomedical research which relates in whole or in part, to methods of,
    or the performance of, abortions or involuntary sterilization as a
    means of family planning. None of the funds made available to carry out
    part I of the Foreign Assistance Act of 1961, as amended, may be
    obligated or expended for any country or organization if the President
    certifies that the use of these funds by any such country or
    organization would violate any of the above provisions related to
    abortions and involuntary sterilizations.

                      export financing transfer authorities

        Sec. 519. Not to exceed 5 percent of any appropriation other than
    for administrative expenses made available for fiscal year 2005, for
    programs under title I of this Act may be transferred between such
    appropriations for use for any of the purposes, programs, and
    activities for which the funds in such receiving account may be used,
    but no such appropriation, except as otherwise specifically provided,
    shall be increased by more than 25 percent by any such transfer:
    Provided, That the exercise of such authority shall be subject to the
    regular notification procedures of the Committees on Appropriations.

                        special notification requirements

        Sec. 520. None of the funds appropriated by this Act shall be
    obligated or expended for Liberia, Serbia, Sudan, Zimbabwe, Pakistan,
    or Cambodia except as provided through the regular notification
    procedures of the Committees on Appropriations.

                   definition of program, project, and activity

        Sec. 521. For the purpose of this Act ``program, project, and
    activity'' shall be defined at the appropriations Act account level and
    shall include all appropriations and authorizations Acts earmarks,
    ceilings, and limitations with the exception that for the following
    accounts: Economic Support Fund and Foreign Military Financing Program
    ``program, project, and activity'' shall also be considered to include
    country, regional, and central program level funding within each such
    account; for the development assistance accounts of the United States
    Agency for International Development ``program, project, and activity''
    shall also be considered to include central, country, regional, and
    program level funding, either as: (1) justified to the Congress; or (2)
    allocated by the executive branch in accordance with a report, to be
    provided to the Committees on Appropriations within 30 days of the
    enactment of this Act, as required by section 653(a) of the Foreign
    Assistance Act of 1961.

                       child survival and health activities

        Sec. 522. Up to $13,500,000 of the funds made available by this Act
    for assistance under the heading ``Child Survival and Health Programs
    Fund'', may be used to reimburse United States Government agencies,
    agencies of State governments, institutions of higher learning, and
    private and voluntary organizations for the full cost of individuals
    (including for the personal services of such individuals) detailed or
    assigned to, or contracted by, as the case may be, the United States
    Agency for International Development for the purpose of carrying out
    activities under that heading: Provided, That up to $3,500,000 of the
    funds made available by this Act for assistance under the heading
    ``Development Assistance'' may be used to reimburse such agencies,
    institutions, and organizations for such costs of such individuals
    carrying out other development assistance activities: Provided further,
    That funds appropriated by titles II and III of this Act that are made
    available for bilateral assistance for child survival activities or
    disease programs including activities relating to research on, and the
    prevention, treatment and control of, HIV/AIDS may be made available
    notwithstanding any other provision of law except for the provisions
    under the heading ``Child Survival and Health Programs Fund'' and the
    United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
    Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
    Provided further, That of the funds appropriated under title II of this
    Act, not less than $441,000,000 shall be made available for family
    planning/reproductive health.

                                   afghanistan

        Sec. 523. Of the funds appropriated by titles II and III of this
    Act, not less than $980,000,000 should be made available for
    humanitarian, reconstruction, and related assistance for Afghanistan:
    Provided, That of the funds made available pursuant to this section,
    not less than $2,000,000 should be made available for reforestation
    activities: Provided further, That funds made available pursuant to the
    previous proviso should be matched, to the maximum extent possible,
    with contributions from American and Afghan businesses: Provided
    further, That of the funds made available pursuant to this section, not
    less than $2,000,000 should be made available for the Afghan
    Independent Human Rights Commission and for other Afghan human rights
    organizations: Provided further, That to the maximum extent practicable
    members of the Afghan National Army should be vetted for involvement in
    terrorism, human rights violations, and drug trafficking: Provided
    further, That of the funds allocated for assistance for Afghanistan
    from this Act and other Acts making appropriations for foreign
    operations, export financing, and related programs for fiscal year
    2005, not less than $50,000,000 should be made available to support
    programs that directly address the needs of Afghan women and girls, of
    which not less than $7,500,000 shall be made available for small grants
    to support training and equipment to improve the capacity of women-led
    Afghan nongovernmental organizations and to support the activities of
    such organizations.

                     NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

        Sec. 524. Prior to providing excess Department of Defense articles
    in accordance with section 516(a) of the Foreign Assistance Act of
    1961, the Department of Defense shall notify the Committees on
    Appropriations to the same extent and under the same conditions as are
    other committees pursuant to subsection (f) of that section: Provided,
    That before issuing a letter of offer to sell excess defense articles
    under the Arms Export Control Act, the Department of Defense shall
    notify the Committees on Appropriations in accordance with the regular
    notification procedures of such Committees if such defense articles are
    significant military equipment (as defined in section 47(9) of the Arms
    Export Control Act) or are valued (in terms of original acquisition
    cost) at $7,000,000 or more, or if notification is required elsewhere
    in this Act for the use of appropriated funds for specific countries
    that would receive such excess defense articles: Provided further, That
    such Committees shall also be informed of the original acquisition cost
    of such defense articles.

                                     HIV/AIDS

        Sec. 525. (a)(1) Notwithstanding any other provision of this Act,
    25 percent of the funds that are appropriated by this Act for a
    contribution to support the Global Fund to Fight AIDS, Tuberculosis and
    Malaria (the ``Global Fund'') shall be withheld from obligation to the
    Global Fund until the Secretary of State certifies to the Committees on
    Appropriations that the Global Fund--
            (A) is establishing a full time, professional, independent
        office which reports directly to the Global Fund Board regarding,
        among other things, the integrity of processes for consideration
        and approval of grant proposals, and the implementation, monitoring
        and evaluation of grants made by the Global Fund;
            (B) is strengthening domestic civil society participation,
        especially for people living with HIV/AIDS, in country coordinating
        mechanisms;
            (C) is establishing procedures to assess the need for, and
        coordinate, technical assistance for Global Fund activities, in
        cooperation with bilateral and multilateral donors;
            (D) has established clear progress indicators upon which to
        determine the release of incremental disbursements;
            (E) is releasing such incremental disbursements only if
        positive results have been attained based on those indicators; and
            (F) is providing support and oversight to country-level
        entities, such as country coordinating mechanisms, principal
        recipients, and local Fund agents, to enable them to fulfill their
        mandates.
        (2) The Secretary of State may waive paragraph (1) of this
    subsection if he determines and reports to the Committees on
    Appropriations that such waiver is important to the national interest
    of the United States.
        (b)(1) In furtherance of the purposes of section 104A of the
    Foreign Assistance Act of 1961, and to assist in providing a safe,
    secure, reliable, and sustainable supply chain of pharmaceuticals and
    other products needed to provide care and treatment of persons with
    HIV/AIDS and related infections, the Coordinator of the United States
    Government Activities to Combat HIV/AIDS Globally (the ``Coordinator'')
    is authorized to establish an HIV/AIDS Working Capital Fund (in this
    section referred to as the ``HIV/AIDS Fund'').
        (2) Funds deposited during any fiscal year in the HIV/AIDS Fund
    shall be available without fiscal year limitation and used for
    pharmaceuticals and other products needed to provide care and treatment
    of persons with HIV/AIDS and related infections, including, but not
    limited to--
            (A) anti-retroviral drugs;
            (B) other pharmaceuticals and medical items needed to provide
        care and treatment to persons with HIV/AIDS and related infections;
            (C) laboratory and other supplies for performing tests related
        to the provision of care and treatment to persons with HIV/AIDS and
        related infections;
            (D) other medical supplies needed for the operation of HIV/AIDS
        treatment and care centers, including products needed in programs
        for the prevention of mother-to-child transmission;
            (E) pharmaceuticals and health commodities needed for the
        provision of palliative care; and
            (F) laboratory and clinical equipment, as well as equipment
        needed for the transportation and care of HIV/AIDS supplies, and
        other equipment needed to provide prevention, care and treatment of
        HIV/AIDS described above.
        (3) There may be deposited during any fiscal year in the HIV/AIDS
    Fund payments for HIV/AIDS pharmaceuticals and products provided from
    the HIV/AIDS Fund received from applicable appropriations and funds of
    the United States Agency for International Development, the Department
    of Health and Human Services, the Department of Defense, or other
    Federal agencies and other sources at actual cost of the HIV/AIDS
    pharmaceuticals and other products, actual cost plus the additional
    costs of providing such HIV/AIDS pharmaceuticals and other products, or
    at any other price agreed to by the Coordinator or his designee.
        (4) There may be deposited in the HIV/AIDS Fund payments for the
    loss of, or damage to, HIV/AIDS pharmaceuticals and products held in
    the HIV/AIDS Fund, rebates, reimbursements, refunds and other credits
    applicable to the operation of the HIV/AIDS Fund.
        (5) At the close of each fiscal year the Coordinator may transfer
    out of the HIV/AIDS Fund to other HIV/AIDS programmatic areas such
    amounts as the Coordinator determines to be in excess of the needs of
    the HIV/AIDS Fund.
        (6) At the close of each fiscal year the Coordinator shall submit a
    report to the Committees on Appropriations detailing the financial
    activities of the HIV/AIDS Fund, including sources of income and
    information regarding disbursements.

                                democracy programs

        Sec. 526. (a) Notwithstanding any other provision of law, of the
    funds appropriated by this Act to carry out the provisions of chapter 4
    of part II of the Foreign Assistance Act of 1961, not less than
    $19,000,000 shall be made available for assistance for activities to
    support democracy, human rights, and the rule of law in the People's
    Republic of China and Hong Kong: Provided, That funds appropriated
    under the heading ``Economic Support Fund'' should be made available
    for assistance for Taiwan for the purposes of furthering political and
    legal reforms: Provided further, That such funds shall only be made
    available to the extent that they are matched from sources other than
    the United States Government: Provided further, That funds made
    available pursuant to the authority of this subsection shall be subject
    to the regular notification procedures of the Committees on
    Appropriations.
        (b)(1) In addition to the funds made available in subsection (a),
    of the funds appropriated by this Act under the heading ``Economic
    Support Fund'' not less than $15,000,000 shall be made available for
    programs and activities to foster democracy, human rights, civic
    education, women's development, press freedom, and the rule of law in
    countries with a significant Muslim population, and where such programs
    and activities would be important to United States efforts to respond
    to, deter, or prevent acts of international terrorism: Provided, That
    funds made available pursuant to the authority of this subsection
    should support new initiatives and activities in those countries:
    Provided further, That of the funds appropriated under this heading,
    $3,000,000 shall be made available for programs and activities that
    provide professional training for journalists: Provided further, That,
    notwithstanding any other provision of law, not less than $3,000,000 of
    such funds may be used for making grants to educational, humanitarian
    and nongovernmental organizations and individuals inside Iran to
    support the advancement of democracy and human rights in Iran: Provided
    further, That, notwithstanding any other provision of law, funds
    appropriated pursuant to the authority of this subsection may be made
    available for democracy, human rights, and rule of law programs for
    Syria: Provided further, That funds made available pursuant to this
    subsection shall be subject to the regular notification procedures of
    the Committees on Appropriations.
        (2) In addition to funds made available under subsections (a) and
    (b)(1), of the funds appropriated by this Act under the heading
    ``Economic Support Fund'' not less than $4,500,000 shall be made
    available for programs and activities of the National Endowment for
    Democracy to foster democracy, human rights, civic education, women's
    development, press freedom, and the rule of law in countries in sub-
    Saharan Africa.
        (c) Of the funds made available under subsection (a), not less than
    $15,000,000 shall be made available for the Human Rights and Democracy
    Fund of the Bureau of Democracy, Human Rights and Labor, Department of
    State, to support the activities described in subsection (a), and of
    the funds made available under subsection (b)(1), not less than
    $11,000,000 shall be made available for such Fund to support the
    activities described in subsection (b)(1): Provided, That up to
    $1,200,000 may be used for the Reagan/Fascell Democracy Fellows
    program: Provided further, That the total amount of funds made
    available by this Act under ``Economic Support Fund'' for activities of
    the Bureau of Democracy, Human Rights and Labor, Department of State,
    including funds available in this section, shall be not less than
    $37,000,000.
        (d) Of the funds made available under subsection (a), not less than
    $4,000,000 shall be made available for the National Endowment for
    Democracy to support the activities described in subsection (a), and of
    the funds made available under subsection (b)(1), not less than
    $4,000,000 shall be made available for the National Endowment for
    Democracy to support the activities described in subsection (b)(1):
    Provided, That the Secretary of State shall provide a report to the
    Committees on Appropriations within 120 days of the date of enactment
    of this Act on the status of the allocation and obligation of such
    funds.

            PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

        Sec. 527. (a) Funds appropriated for bilateral assistance under any
    heading of this Act and funds appropriated under any such heading in a
    provision of law enacted prior to the enactment of this Act, shall not
    be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.
        (b) The President may waive the application of subsection (a) to a
    country if the President determines that national security or
    humanitarian reasons justify such waiver. The President shall publish
    each waiver in the Federal Register and, at least 15 days before the
    waiver takes effect, shall notify the Committees on Appropriations of
    the waiver (including the justification for the waiver) in accordance
    with the regular notification procedures of the Committees on
    Appropriations.

                               DEBT-FOR-DEVELOPMENT

        Sec. 528. In order to enhance the continued participation of
    nongovernmental organizations in debt-for-development and debt-for-
    nature exchanges, a nongovernmental organization which is a grantee or
    contractor of the United States Agency for International Development
    may place in interest bearing accounts local currencies which accrue to
    that organization as a result of economic assistance provided under
    title II of this Act and, subject to the regular notification
    procedures of the Committees on Appropriations, any interest earned on
    such investment shall be used for the purpose for which the assistance
    was provided to that organization.

                                SEPARATE ACCOUNTS

        Sec. 529. (a) Separate Accounts for Local Currencies.--(1) If
    assistance is furnished to the government of a foreign country under
    chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
    Assistance Act of 1961 under agreements which result in the generation
    of local currencies of that country, the Administrator of the United
    States Agency for International Development shall--
            (A) require that local currencies be deposited in a separate
        account established by that government;
            (B) enter into an agreement with that government which sets
        forth--
                (i) the amount of the local currencies to be generated; and
                (ii) the terms and conditions under which the currencies so
            deposited may be utilized, consistent with this section; and
            (C) establish by agreement with that government the
        responsibilities of the United States Agency for International
        Development and that government to monitor and account for deposits
        into and disbursements from the separate account.
        (2) Uses of local currencies.--As may be agreed upon with the
    foreign government, local currencies deposited in a separate account
    pursuant to subsection (a), or an equivalent amount of local
    currencies, shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of part
        II (as the case may be), for such purposes as--
                (i) project and sector assistance activities; or
                (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United States
        Government.
        (3) Programming accountability.--The United States Agency for
    International Development shall take all necessary steps to ensure that
    the equivalent of the local currencies disbursed pursuant to subsection
    (a)(2)(A) from the separate account established pursuant to subsection
    (a)(1) are used for the purposes agreed upon pursuant to subsection
    (a)(2).
        (4) Termination of assistance programs.--Upon termination of
    assistance to a country under chapter 1 or 10 of part I or chapter 4 of
    part II (as the case may be), any unencumbered balances of funds which
    remain in a separate account established pursuant to subsection (a)
    shall be disposed of for such purposes as may be agreed to by the
    government of that country and the United States Government.
        (5) Reporting requirement.--The Administrator of the United States
    Agency for International Development shall report on an annual basis as
    part of the justification documents submitted to the Committees on
    Appropriations on the use of local currencies for the administrative
    requirements of the United States Government as authorized in
    subsection (a)(2)(B), and such report shall include the amount of local
    currency (and United States dollar equivalent) used and/or to be used
    for such purpose in each applicable country.
        (b) Separate Accounts for Cash Transfers.--(1) If assistance is
    made available to the government of a foreign country, under chapter 1
    or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
    of 1961, as cash transfer assistance or as nonproject sector
    assistance, that country shall be required to maintain such funds in a
    separate account and not commingle them with any other funds.
        (2) Applicability of other provisions of law.--Such funds may be
    obligated and expended notwithstanding provisions of law which are
    inconsistent with the nature of this assistance including provisions
    which are referenced in the Joint Explanatory Statement of the
    Committee of Conference accompanying House Joint Resolution 648 (House
    Report No. 98-1159).
        (3) Notification.--At least 15 days prior to obligating any such
    cash transfer or nonproject sector assistance, the President shall
    submit a notification through the regular notification procedures of
    the Committees on Appropriations, which shall include a detailed
    description of how the funds proposed to be made available will be
    used, with a discussion of the United States interests that will be
    served by the assistance (including, as appropriate, a description of
    the economic policy reforms that will be promoted by such assistance).
        (4) Exemption.--Nonproject sector assistance funds may be exempt
    from the requirements of subsection (b)(1) only through the
    notification procedures of the Committees on Appropriations.

                           enterprise fund restrictions

        Sec. 530. (a) Prior to the distribution of any assets resulting
    from any liquidation, dissolution, or winding up of an Enterprise Fund,
    in whole or in part, the President shall submit to the Committees on
    Appropriations, in accordance with the regular notification procedures
    of the Committees on Appropriations, a plan for the distribution of the
    assets of the Enterprise Fund.
        (b) Funds made available by this Act for Enterprise Funds shall be
    expended at the minimum rate necessary to make timely payment for
    projects and activities.

                                      burma

        Sec. 531. (a) The Secretary of the Treasury shall instruct the
    United States executive director to each appropriate international
    financial institution in which the United States participates, to
    oppose and vote against the extension by such institution of any loan
    or financial or technical assistance or any other utilization of funds
    of the respective bank to and for Burma.
        (b) Of the funds appropriated under the heading ``Economic Support
    Fund'', not less than $8,000,000 shall be made available to support
    democracy activities in Burma, along the Burma-Thailand border, for
    activities of Burmese student groups and other organizations located
    outside Burma, and for the purpose of supporting the provision of
    humanitarian assistance to displaced Burmese along Burma's borders:
    Provided, That funds made available under this heading may be made
    available notwithstanding any other provision of law: Provided further,
    That in addition to assistance for Burmese refugees provided under the
    heading ``Migration and Refugee Assistance'' in this Act, not less than
    $4,000,000 shall be allocated to the United States Agency for
    International Development for humanitarian assistance for displaced
    Burmese and host communities in Thailand: Provided further, That funds
    made available under this section shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (c) The President shall include amounts expended by the Global Fund
    to Fight AIDS, Tuberculosis and Malaria to the State Peace and
    Development Council in Burma, directly or through groups and
    organizations affiliated with the Global Fund, in making determinations
    regarding the amount to be withheld by the United States from its
    contribution to the Global Fund pursuant to section 202(d)(4)(A)(ii) of
    Public Law 108-25.

         authorities for the peace corps, inter-american foundation and
                         african development foundation

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

                       impact on jobs in the united states

        Sec. 533. None of the funds appropriated by this Act may be
    obligated or expended to provide--
            (1) any financial incentive to a business enterprise currently
        located in the United States for the purpose of inducing such an
        enterprise to relocate outside the United States if such incentive
        or inducement is likely to reduce the number of employees of such
        business enterprise in the United States because United States
        production is being replaced by such enterprise outside the United
        States; or
            (2) assistance for any program, project, or activity that
        contributes to the violation of internationally recognized workers
        rights, as defined in section 507(4) of the Trade Act of 1974, of
        workers in the recipient country, including any designated zone or
        area in that country: Provided, That the application of section
        507(4)(D) and (E) of such Act should be commensurate with the level
        of development of the recipient country and sector, and shall not
        preclude assistance for the informal sector in such country, micro
        and small-scale enterprise, and smallholder agriculture.

                               special authorities

        Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, Victims
    of War, Displaced Children, and Displaced Burmese.--Funds appropriated
    by this Act that are made available for assistance for Afghanistan may
    be made available notwithstanding section 512 of this Act or any
    similar provision of law and section 660 of the Foreign Assistance Act
    of 1961, and funds appropriated in titles I and II of this Act that are
    made available for Lebanon, Montenegro, Pakistan, and for victims of
    war, displaced children, and displaced Burmese, and to assist victims
    of trafficking in persons and, subject to the regular notification
    procedures of the Committees on Appropriations, to combat such
    trafficking, may be made available notwithstanding any other provision
    of law.
        (b) Tropical Forestry and Biodiversity Conservation Activities.--
    Funds appropriated by this Act to carry out the provisions of sections
    103 through 106, and chapter 4 of part II, of the Foreign Assistance
    Act of 1961 may be used, notwithstanding any other provision of law,
    for the purpose of supporting tropical forestry and biodiversity
    conservation activities and energy programs aimed at reducing
    greenhouse gas emissions: Provided, That such assistance shall be
    subject to sections 116, 502B, and 620A of the Foreign Assistance Act
    of 1961.
        (c) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Agricultural
    Trade Development and Assistance Act of 1954, may be used by the United
    States Agency for International Development to employ up to 25 personal
    services contractors in the United States, notwithstanding any other
    provision of law, for the purpose of providing direct, interim support
    for new or expanded overseas programs and activities managed by the
    agency until permanent direct hire personnel are hired and trained:
    Provided, That not more than 10 of such contractors shall be assigned
    to any bureau or office: Provided further, That such funds appropriated
    to carry out title II of the Agricultural Trade Development and
    Assistance Act of 1954, may be made available only for personal
    services contractors assigned to the Office of Food for Peace.
        (d)(1) Waiver.--The President may waive the provisions of section
    1003 of Public Law 100-204 if the President determines and certifies in
    writing to the Speaker of the House of Representatives and the
    President pro tempore of the Senate that it is important to the
    national security interests of the United States.
        (2) Period of Application of Waiver.--Any waiver pursuant to
    paragraph (1) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (e) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, the United
    States Agency for International Development may provide an exception to
    the fair opportunity process for placing task orders under such
    contracts when the order is placed with any category of small or small
    disadvantaged business.
        (f) Contingencies.--During fiscal year 2005, the President may use
    up to $45,000,000 under the authority of section 451 of the Foreign
    Assistance Act of 1961, notwithstanding the funding ceiling in section
    451(a).
        (g) Reconstituting Civilian Police Authority.--In providing
    assistance with funds appropriated by this Act under section 660(b)(6)
    of the Foreign Assistance Act of 1961, support for a nation emerging
    from instability may be deemed to mean support for regional, district,
    municipal, or other sub-national entity emerging from instability, as
    well as a nation emerging from instability.
        (h) World Food Program.--Of the funds managed by the Bureau for
    Democracy, Conflict, and Humanitarian Assistance of the United States
    Agency for International Development, from this or any other Act, not
    less than $6,000,000 shall be made available as a general contribution
    to the World Food Program, notwithstanding any other provision of law.
        (i) National Endowment for Democracy.--Funds appropriated by this
    Act that are provided to the National Endowment for Democracy may be
    provided notwithstanding any other provision of law or regulation.
        (j) Technical Amendment.--Section 201(a)(2) of the North Korean
    Human Rights Act of 2004 (Public Law 108-333) is amended by striking
    ``paragraphs (1) through (4) of section 202(b)'' and inserting
    ``subparagraphs (A) through (D) of section 202(b)(1)''.
        (k) Report Modification.--Section 406(b)(4) of the Foreign
    Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law
    101-246; 22 U.S.C. 2414a(b)(4)) is amended by inserting after ``United
    States'' the following: ``, including a separate listing of all plenary
    votes cast by member countries of the United Nations in the General
    Assembly on resolutions specifically related to Israel that are opposed
    by the United States''.
        (l) University Programs.--Notwithstanding any other provision of
    law, funds made available in this Act under the heading ``Development
    Assistance'' may be made available to American educational institutions
    for programs and activities in the People's Republic of China relating
    to the environment, democracy, and the rule of law: Provided, That
    funds made available pursuant to this authority shall be subject to the
    regular notification procedures of the Committees on Appropriations.
        (m) Indochinese Parolees.--Section 586 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2001 (8
    U.S.C. 1255 note), as enacted into law by section 101(a) of Public Law
    106-429, is amended--
            (1) by striking ``Attorney General'' each place that term
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subsection (a)--
                (A) in the matter preceding paragraph (1), by striking
            ``she'' and inserting ``the Secretary of Homeland Security'';
            and
                (B) in paragraph (1), by striking ``within three years
            after the date of promulgation by the Attorney General of
            regulations in connection with this title'';
            (3) in subsection (c), by striking ``212(8)(A)'' and inserting
        ``212(a)(8)(A)'';
            (4) by striking subsection (d);
            (5) by redesignating subsections (e) and (f) as subsections (d)
        and (e), respectively;
            (6) by adding at the end the following new subsection:
        ``(f) Adjudication of Applications.--The Secretary of Homeland
    Security shall--
            ``(1) adjudicate applications for adjustment under this
        section, notwithstanding any limitation on the number of
        adjustments under this section or any deadline for such
        applications that previously existed in law or regulation; and
            ``(2) not charge a fee in addition to any fee that previously
        was submitted with such application.''; and
            (7) The amendments made by this subsection shall take effect as
        if enacted as part of the Foreign Operations, Export Financing, and
        Related Programs Appropriations Act, 2001.
        (n) Extension of Authority.--Public Law 107-57, as amended, is
    further amended--
            (1) in section 1(b) by striking ``2004'' wherever appearing
        (including in the caption), and inserting ``2005'';
            (2) in section 3(2), by striking ``and 2004'' and inserting
        ``2004 and 2005''; and
            (3) in section 6, by striking ``2004'' and inserting ``2005''.
        (o) Endowments.--
            (1) Of the funds appropriated by this Act and prior Acts making
        appropriations for foreign operations, export financing, and
        related programs, that are available for assistance for Cambodia,
        the following amounts should be made available as follows:
                (A) $2,000,000 for an endowment for a Cambodian
            nongovernmental organization to document genocide and crimes
            against humanity in Cambodia; and
                (B) $3,750,000 for an endowment for an American
            nongovernmental organization to sustain rehabilitation programs
            in Cambodia for persons suffering from physical disabilities.
            (2) Such organizations may place amounts made available under
        this subsection in interest bearing accounts and any interest
        earned on such investment shall be used for the purpose for which
        funds were made available under this subsection.
        (p) Extension of Authority.--Chapter 5 of title I of the Emergency
    Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11), is
    amended under the heading ``Loan Guarantees to Israel''--
            (1) by striking ``During the period beginning March 1, 2003,
        and ending September 30, 2005,'' and inserting ``During the period
        beginning March 1, 2003, and ending September 30, 2007,''; and
            (2) by striking ``That if less than the full amount of
        guarantees authorized to be made available is issued prior to
        September 30, 2005,'' and inserting ``That if less than the full
        amount of guarantees authorized to be made available is issued
        prior to September 30, 2007,''.
        (q) Definition.--Section 603 of title VI of division D of the
    Consolidated Appropriations Act, 2004, Public Law 108-199, is amended
    by adding the following paragraph:
            ``(8) Investments in the people.--The term ``investments in the
        people'' means government policies or programs of an eligible
        country that promote the health, education, and other factors which
        contribute to the well-being and productivity of their people, such
        as decent, affordable housing for all.''.

                          ARAB LEAGUE BOYCOTT OF ISRAEL

        Sec. 535. It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary
        boycott of American firms that have commercial ties with Israel, is
        an impediment to peace in the region and to United States
        investment and trade in the Middle East and North Africa;
            (2) the Arab League boycott, which was regrettably reinstated
        in 1997, should be immediately and publicly terminated, and the
        Central Office for the Boycott of Israel immediately disbanded;
            (3) the three Arab League countries with diplomatic and trade
        relations with Israel should return their ambassadors to Israel,
        should refrain from downgrading their relations with Israel, and
        should play a constructive role in securing a peaceful resolution
        of the Israeli-Arab conflict;
            (4) the remaining Arab League states should normalize relations
        with their neighbor Israel;
            (5) the President and the Secretary of State should continue to
        vigorously oppose the Arab League boycott of Israel and find
        concrete steps to demonstrate that opposition by, for example,
        taking into consideration the participation of any recipient
        country in the boycott when determining to sell weapons to said
        country; and
            (6) the President should report to Congress annually on
        specific steps being taken by the United States to encourage Arab
        League states to normalize their relations with Israel to bring
        about the termination of the Arab League boycott of Israel,
        including those to encourage allies and trading partners of the
        United States to enact laws prohibiting businesses from complying
        with the boycott and penalizing businesses that do comply.

                            eligibility for assistance

        Sec. 536. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained in this or any other Act with respect to
    assistance for a country shall not be construed to restrict assistance
    in support of programs of nongovernmental organizations from funds
    appropriated by this Act to carry out the provisions of chapters 1, 10,
    11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
    Act of 1961, and from funds appropriated under the heading ``Assistance
    for Eastern Europe and the Baltic States'': Provided, That before using
    the authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations, the President shall notify
    the Committees on Appropriations under the regular notification
    procedures of those committees, including a description of the program
    to be assisted, the assistance to be provided, and the reasons for
    furnishing such assistance: Provided further, That nothing in this
    subsection shall be construed to alter any existing statutory
    prohibitions against abortion or involuntary sterilizations contained
    in this or any other Act.
        (b) Public Law 480.--During fiscal year 2005, restrictions
    contained in this or any other Act with respect to assistance for a
    country shall not be construed to restrict assistance under the
    Agricultural Trade Development and Assistance Act of 1954: Provided,
    That none of the funds appropriated to carry out title I of such Act
    and made available pursuant to this subsection may be obligated or
    expended except as provided through the regular notification procedures
    of the Committees on Appropriations.
        (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance Act
        of 1961 or any comparable provision of law prohibiting assistance
        to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance Act
        of 1961 or any comparable provision of law prohibiting assistance
        to the government of a country that violates internationally
        recognized human rights.

                              reservations of funds

        Sec. 537. (a) Funds appropriated by this Act which are earmarked
    may be reprogrammed for other programs within the same account
    notwithstanding the earmark if compliance with the earmark is made
    impossible by operation of any provision of this or any other Act:
    Provided, That any such reprogramming shall be subject to the regular
    notification procedures of the Committees on Appropriations: Provided
    further, That assistance that is reprogrammed pursuant to this
    subsection shall be made available under the same terms and conditions
    as originally provided.
        (b) In addition to the authority contained in subsection (a), the
    original period of availability of funds appropriated by this Act and
    administered by the United States Agency for International Development
    that are earmarked for particular programs or activities by this or any
    other Act shall be extended for an additional fiscal year if the
    Administrator of such agency determines and reports promptly to the
    Committees on Appropriations that the termination of assistance to a
    country or a significant change in circumstances makes it unlikely that
    such earmarked funds can be obligated during the original period of
    availability: Provided, That such earmarked funds that are continued
    available for an additional fiscal year shall be obligated only for the
    purpose of such earmark.

                              ceilings and earmarks

        Sec. 538. Ceilings and earmarks contained in this Act shall not be
    applicable to funds or authorities appropriated or otherwise made
    available by any subsequent Act unless such Act specifically so
    directs. Earmarks or minimum funding requirements contained in any
    other Act shall not be applicable to funds appropriated by this Act.

                      prohibition on publicity or propaganda

        Sec. 539. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes within the United States
    not authorized before the date of the enactment of this Act by the
    Congress: Provided, That not to exceed $750,000 may be made available
    to carry out the provisions of section 316 of Public Law 96-533.

                prohibition of payments to united nations members

        Sec. 540. None of the funds appropriated or made available pursuant
    to this Act for carrying out the Foreign Assistance Act of 1961, may be
    used to pay in whole or in part any assessments, arrearages, or dues of
    any member of the United Nations or, from funds appropriated by this
    Act to carry out chapter 1 of part I of the Foreign Assistance Act of
    1961, the costs for participation of another country's delegation at
    international conferences held under the auspices of multilateral or
    international organizations.

                   nongovernmental organizations--documentation

        Sec. 541. None of the funds appropriated or made available pursuant
    to this Act shall be available to a nongovernmental organization which
    fails to provide upon timely request any document, file, or record
    necessary to the auditing requirements of the United States Agency for
    International Development.

       Prohibition on Assistance to Foreign Governments that Export Lethal
       Military Equipment to Countries Supporting International Terrorism

        Sec. 542. (a) None of the funds appropriated or otherwise made
    available by this Act may be available to any foreign government which
    provides lethal military equipment to a country the government of which
    the Secretary of State has determined is a terrorist government for
    purposes of section 6(j) of the Export Administration Act. The
    prohibition under this section with respect to a foreign government
    shall terminate 12 months after that government ceases to provide such
    military equipment. This section applies with respect to lethal
    military equipment provided under a contract entered into after October
    1, 1997.
        (b) Assistance restricted by subsection (a) or any other similar
    provision of law, may be furnished if the President determines that
    furnishing such assistance is important to the national interests of
    the United States.
        (c) Whenever the waiver authority of subsection (b) is exercised,
    the President shall submit to the appropriate congressional committees
    a report with respect to the furnishing of such assistance. Any such
    report shall include a detailed explanation of the assistance to be
    provided, including the estimated dollar amount of such assistance, and
    an explanation of how the assistance furthers United States national
    interests.

       withholding of assistance for parking fines and real property taxes
                           owed by foreign countries

        Sec. 543. (a) Subject to subsection (c), of the funds appropriated
    by this Act that are made available for assistance for a foreign
    country, an amount equal to 110 percent of the total amount of the
    unpaid fully adjudicated parking fines and penalties and unpaid
    property taxes owed by the central government of such country shall be
    withheld from obligation for assistance for the central government of
    such country until the Secretary of State submits a certification to
    the appropriate congressional committees stating that such parking
    fines and penalties and unpaid property taxes are fully paid.
        (b) Funds withheld from obligation pursuant to subsection (a) may
    be made available for other programs or activities funded by this Act,
    after consultation with and subject to the regular notification
    procedures of the appropriate congressional committees, provided that
    no such funds shall be made available for assistance for the central
    government of a foreign country that has not paid the total amount of
    the fully adjudicated parking fines and penalties and unpaid property
    taxes owed by such country.
        (c) Subsection (a) shall not include amounts that have been
    withheld under any other provision of law.
        (d)(1) The Secretary of State may waive the requirements set forth
    in subsection (a) with respect to parking fines and penalties no sooner
    than 60 days from the date of enactment of this Act, or at any time
    with respect to a particular country, if the Secretary determines that
    it is in the national interests of the United States to do so.
        (2) The Secretary of State may waive the requirements set forth in
    subsection (a) with respect to the unpaid property taxes if the
    Secretary of State determines that it is in the national interests of
    the United States to do so.
        (e) Not later than 6 months after the initial exercise of the
    waiver authority in subsection (d), the Secretary of State, after
    consultations with the City of New York, shall submit a report to the
    Committees on Appropriations describing a strategy, including a
    timetable and steps currently being taken, to collect the parking fines
    and penalties and unpaid property taxes and interest owed by nations
    receiving foreign assistance under this Act.
        (f) In this section:
            (1) The term ``appropriate congressional committees'' means the
        Committee on Appropriations of the Senate and the Committee on
        Appropriations of the House of Representatives.
            (2) The term ``fully adjudicated'' includes circumstances in
        which the person to whom the vehicle is registered--
                (A)(i) has not responded to the parking violation summons;
            or
                (ii) has not followed the appropriate adjudication
            procedure to challenge the summons; and
                (B) the period of time for payment of or challenge to the
            summons has lapsed.
            (3) The term ``parking fines and penalties'' means parking
        fines and penalties--
                (A) owed to--
                    (i) the District of Columbia; or
                    (ii) New York, New York; and
                (B) incurred during the period April 1, 1997, through
            September 30, 2004.
            (4) The term ``unpaid property taxes'' means the amount of
        unpaid taxes and interest determined to be owed by a foreign
        country on real property in the District of Columbia or New York,
        New York in a court order or judgment entered against such country
        by a court of the United States or any State or subdivision
        thereof.

         limitation on assistance for the plo for the west bank and gaza

        Sec. 544. None of the funds appropriated by this Act may be
    obligated for assistance for the Palestine Liberation Organization for
    the West Bank and Gaza unless the President has exercised the authority
    under section 604(a) of the Middle East Peace Facilitation Act of 1995
    (title VI of Public Law 104-107) or any other legislation to suspend or
    make inapplicable section 307 of the Foreign Assistance Act of 1961 and
    that suspension is still in effect: Provided, That if the President
    fails to make the certification under section 604(b)(2) of the Middle
    East Peace Facilitation Act of 1995 or to suspend the prohibition under
    other legislation, funds appropriated by this Act may not be obligated
    for assistance for the Palestine Liberation Organization for the West
    Bank and Gaza.

                          war crimes tribunals drawdown

        Sec. 545. If the President determines that doing so will contribute
    to a just resolution of charges regarding genocide or other violations
    of international humanitarian law, the President may direct a drawdown
    pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up
    to $30,000,000 of commodities and services for the United Nations War
    Crimes Tribunal established with regard to the former Yugoslavia by the
    United Nations Security Council or such other tribunals or commissions
    as the Council may establish or authorize to deal with such violations,
    without regard to the ceiling limitation contained in paragraph (2)
    thereof: Provided, That the determination required under this section
    shall be in lieu of any determinations otherwise required under section
    552(c): Provided further, That the drawdown made under this section for
    any tribunal shall not be construed as an endorsement or precedent for
    the establishment of any standing or permanent international criminal
    tribunal or court: Provided further, That funds made available for
    tribunals other than Yugoslavia, Rwanda, or the Special Court for
    Sierra Leone shall be made available subject to the regular
    notification procedures of the Committees on Appropriations.

                                    landmines

        Sec. 546. Notwithstanding any other provision of law, demining
    equipment available to the United States Agency for International
    Development and the Department of State and used in support of the
    clearance of landmines and unexploded ordnance for humanitarian
    purposes may be disposed of on a grant basis in foreign countries,
    subject to such terms and conditions as the President may prescribe.

                restrictions concerning the palestinian authority

        Sec. 547. None of the funds appropriated by this Act may be
    obligated or expended to create in any part of Jerusalem a new office
    of any department or agency of the United States Government for the
    purpose of conducting official United States Government business with
    the Palestinian Authority over Gaza and Jericho or any successor
    Palestinian governing entity provided for in the Israel-PLO Declaration
    of Principles: Provided, That this restriction shall not apply to the
    acquisition of additional space for the existing Consulate General in
    Jerusalem: Provided further, That meetings between officers and
    employees of the United States and officials of the Palestinian
    Authority, or any successor Palestinian governing entity provided for
    in the Israel-PLO Declaration of Principles, for the purpose of
    conducting official United States Government business with such
    authority should continue to take place in locations other than
    Jerusalem. As has been true in the past, officers and employees of the
    United States Government may continue to meet in Jerusalem on other
    subjects with Palestinians (including those who now occupy positions in
    the Palestinian Authority), have social contacts, and have incidental
    discussions.

                    prohibition of payment of certain expenses

        Sec. 548. None of the funds appropriated or otherwise made
    available by this Act under the heading ``International Military
    Education and Training'' or ``Foreign Military Financing Program'' for
    Informational Program activities or under the headings ``Child Survival
    and Health Programs Fund'', ``Development Assistance'', and ``Economic
    Support Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are
        substantially of a recreational character, including but not
        limited to entrance fees at sporting events, theatrical and musical
        productions, and amusement parks.

                                      Haiti

        Sec. 549. (a) Of the funds appropriated by this Act, not less than
    the following amounts shall be made available for assistance for
    Haiti--
            (1) $20,000,000 from ``Child Survival and Health Programs
        Fund'';
            (2) $25,000,000 from ``Development Assistance'', of which funds
        should be made available for poverty reduction, agriculture,
        environment, and basic education programs; and
            (3) $40,000,000 from ``Economic Support Fund'', of which funds
        should be made available for judicial reform programs, police
        training, and activities in support of national elections.
        (b) The Government of Haiti shall be eligible to purchase defense
    articles and services under the Arms Export Control Act (22 U.S.C. 2751
    et seq.), for the Coast Guard.

              limitation on assistance to the palestinian authority

        Sec. 550. (a) Prohibition of Funds.--None of the funds appropriated
    by this Act to carry out the provisions of chapter 4 of part II of the
    Foreign Assistance Act of 1961 may be obligated or expended with
    respect to providing funds to the Palestinian Authority.
        (b) Waiver.--The prohibition included in subsection (a) shall not
    apply if the President certifies in writing to the Speaker of the House
    of Representatives and the President pro tempore of the Senate that
    waiving such prohibition is important to the national security
    interests of the United States.
        (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (d) Report.--Whenever the waiver authority pursuant to subsection
    (b) is exercised, the President shall submit a report to the Committees
    on Appropriations detailing the steps the Palestinian Authority has
    taken to arrest terrorists, confiscate weapons and dismantle the
    terrorist infrastructure. The report shall also include a description
    of how funds will be spent and the accounting procedures in place to
    ensure that they are properly disbursed.

                   limitation on assistance to security forces

        Sec. 551. None of the funds made available by this Act may be
    provided to any unit of the security forces of a foreign country if the
    Secretary of State has credible evidence that such unit has committed
    gross violations of human rights, unless the Secretary determines and
    reports to the Committees on Appropriations that the government of such
    country is taking effective measures to bring the responsible members
    of the security forces unit to justice: Provided, That nothing in this
    section shall be construed to withhold funds made available by this Act
    from any unit of the security forces of a foreign country not credibly
    alleged to be involved in gross violations of human rights: Provided
    further, That in the event that funds are withheld from any unit
    pursuant to this section, the Secretary of State shall promptly inform
    the foreign government of the basis for such action and shall, to the
    maximum extent practicable, assist the foreign government in taking
    effective measures to bring the responsible members of the security
    forces to justice.

                         FOREIGN MILITARY TRAINING REPORT

        Sec. 552. The annual foreign military training report required by
    section 656 of the Foreign Assistance Act of 1961 shall be submitted by
    the Secretary of Defense and the Secretary of State to the Committees
    on Appropriations of the House of Representatives and the Senate by the
    date specified in that section.

                            AUTHORIZATION REQUIREMENT

        Sec. 553. Funds appropriated by this Act, except funds appropriated
    under the headings ``Trade and Development Agency'', ``Millennium
    Challenge Corporation'', ``Overseas Private Investment Corporation'',
    and ``Global HIV/AIDS Initiative'', may be obligated and expended
    notwithstanding section 10 of Public Law 91-672 and section 15 of the
    State Department Basic Authorities Act of 1956.

                                     cambodia

        Sec. 554. (a) The Secretary of the Treasury should instruct the
    United States executive directors of the international financial
    institutions to use the voice and vote of the United States to oppose
    loans to the Central Government of Cambodia, except loans to meet basic
    human needs.
        (b)(1) None of the funds appropriated by this Act may be made
    available for assistance for the Central Government of Cambodia.
        (2) Paragraph (1) shall not apply to assistance for basic
    education, reproductive and maternal and child health, cultural and
    historic preservation, programs for the prevention, treatment, and
    control of, and research on, HIV/AIDS, tuberculosis, malaria, polio and
    other infectious diseases, development and implementation of
    legislation and implementation of procedures on inter-country adoptions
    consistent with international standards, rule of law programs,
    counternarcotics programs, programs to combat human trafficking that
    are provided through nongovernmental organizations, and for the
    Ministry of Women and Veterans Affairs to combat human trafficking.
        (c) Notwithstanding subsection (b), of the funds appropriated by
    this Act under the heading ``Economic Support Fund'', up to $4,000,000
    may be made available for activities to support democracy, including
    assistance for democratic political parties.
        (d) Funds appropriated by this Act to carry out provisions of
    section 541 of the Foreign Assistance Act of 1961 may be made available
    notwithstanding subsection (b) only if at least 15 days prior to the
    obligation of such funds, the Secretary of State provides to the
    Committees on Appropriations a list of those individuals who have been
    credibly alleged to have ordered or carried out extra-judicial and
    political killings that occurred during the March 1997 grenade attack
    against the Khmer Nation Party.
        (e) None of the funds appropriated or otherwise made available by
    this Act may be used to provide assistance to any tribunal established
    by the Government of Cambodia unless the Secretary of State determines
    and reports to the Committees on Appropriations that: (1) Cambodia's
    judiciary is competent, independent, free from widespread corruption,
    and its decisions are free from interference by the executive branch;
    and (2) the proposed tribunal is capable of delivering justice, that
    meets internationally recognized standards, for crimes against humanity
    and genocide in an impartial and credible manner.

                              palestinian statehood

        Sec. 555. (a) Limitation on Assistance.--None of the funds
    appropriated by this Act may be provided to support a Palestinian state
    unless the Secretary of State determines and certifies to the
    appropriate congressional committees that--
            (1) a new leadership of a Palestinian governing entity has been
        democratically elected through credible and competitive elections;
            (2) the elected governing entity of a new Palestinian state--
                (A) has demonstrated a firm commitment to peaceful co-
            existence with the State of Israel;
                (B) is taking appropriate measures to counter terrorism and
            terrorist financing in the West Bank and Gaza, including the
            dismantling of terrorist infrastructures;
                (C) is establishing a new Palestinian security entity that
            is cooperative with appropriate Israeli and other appropriate
            security organizations; and
            (3) the Palestinian Authority (or the governing body of a new
        Palestinian state) is working with other countries in the region to
        vigorously pursue efforts to establish a just, lasting, and
        comprehensive peace in the Middle East that will enable Israel and
        an independent Palestinian state to exist within the context of
        full and normal relationships, which should include--
                (A) termination of all claims or states of belligerency;
                (B) respect for and acknowledgement of the sovereignty,
            territorial integrity, and political independence of every
            state in the area through measures including the establishment
            of demilitarized zones;
                (C) their right to live in peace within secure and
            recognized boundaries free from threats or acts of force;
                (D) freedom of navigation through international waterways
            in the area; and
                (E) a framework for achieving a just settlement of the
            refugee problem.
        (b) Sense of Congress.--It is the sense of Congress that the newly-
    elected governing entity should enact a constitution assuring the rule
    of law, an independent judiciary, and respect for human rights for its
    citizens, and should enact other laws and regulations assuring
    transparent and accountable governance.
        (c) Waiver.--The President may waive subsection (a) if he
    determines that it is vital to the national security interests of the
    United States to do so.
        (d) Exemption.--The restriction in subsection (a) shall not apply
    to assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or a newly-elected governing entity, in order
    to help meet the requirements of subsection (a), consistent with the
    provisions of section 550 of this Act (``Limitation on Assistance to
    the Palestinian Authority'').

                                     COLOMBIA

        Sec. 556. (a) Determination and Certification Required.--
    Notwithstanding any other provision of law, funds appropriated by this
    Act that are available for assistance for the Colombian Armed Forces,
    may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated prior to a
        determination and certification by the Secretary of State pursuant
        to paragraph (2).
            (2) Up to 12.5 percent of such funds may be obligated only
        after the Secretary of State certifies and reports to the
        appropriate congressional committees that:
                (A) The Commander General of the Colombian Armed Forces is
            suspending from the Armed Forces those members, of whatever
            rank who, according to the Minister of Defense or the
            Procuraduria General de la Nacion, have been credibly alleged
            to have committed gross violations of human rights, including
            extra-judicial killings, or to have aided or abetted
            paramilitary organizations.
                (B) The Colombian Government is vigorously investigating
            and prosecuting those members of the Colombian Armed Forces, of
            whatever rank, who have been credibly alleged to have committed
            gross violations of human rights, including extra-judicial
            killings, or to have aided or abetted paramilitary
            organizations, and is promptly punishing those members of the
            Colombian Armed Forces found to have committed such violations
            of human rights or to have aided or abetted paramilitary
            organizations.
                (C) The Colombian Armed Forces have made substantial
            progress in cooperating with civilian prosecutors and judicial
            authorities in such cases (including providing requested
            information, such as the identity of persons suspended from the
            Armed Forces and the nature and cause of the suspension, and
            access to witnesses, relevant military documents, and other
            requested information).
                (D) The Colombian Armed Forces have made substantial
            progress in severing links (including denying access to
            military intelligence, vehicles, and other equipment or
            supplies, and ceasing other forms of active or tacit
            cooperation) at the command, battalion, and brigade levels,
            with paramilitary organizations, especially in regions where
            these organizations have a significant presence.
                (E) The Colombian Government is dismantling paramilitary
            leadership and financial networks by arresting commanders and
            financial backers, especially in regions where these networks
            have a significant presence.
            (3) The balance of such funds may be obligated after July 31,
        2005, if the Secretary of State certifies and reports to the
        appropriate congressional committees, after such date, that the
        Colombian Armed Forces are continuing to meet the conditions
        contained in paragraph (2) and are conducting vigorous operations
        to restore government authority and respect for human rights in
        areas under the effective control of paramilitary and guerrilla
        organizations.
        (b) Congressional Notification.--Funds made available by this Act
    for the Colombian Armed Forces shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (c) Consultative Process.--Not later than 60 days after the date of
    enactment of this Act, and every 90 days thereafter until September 30,
    2006, the Secretary of State shall consult with internationally
    recognized human rights organizations regarding progress in meeting the
    conditions contained in that subsection.
        (d) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means to
        provide any support to paramilitary groups, including taking
        actions which allow, facilitate, or otherwise foster the activities
        of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups''
        means illegal self-defense groups and illegal security
        cooperatives.

                               ILLEGAL ARMED GROUPS

        Sec. 557. (a) Denial of Visas to Supporters of Colombian Illegal
    Armed Groups.--Subject to subsection (b), the Secretary of State shall
    not issue a visa to any alien who the Secretary determines, based on
    credible evidence--
            (1) has willfully provided any support to the Revolutionary
        Armed Forces of Colombia (FARC), the National Liberation Army
        (ELN), or the United Self-Defense Forces of Colombia (AUC),
        including taking actions or failing to take actions which allow,
        facilitate, or otherwise foster the activities of such groups; or
            (2) has committed, ordered, incited, assisted, or otherwise
        participated in the commission of gross violations of human rights,
        including extra-judicial killings, in Colombia.
        (b) Waiver.--Subsection (a) shall not apply if the Secretary of
    State determines and certifies to the appropriate congressional
    committees, on a case-by-case basis, that the issuance of a visa to the
    alien is necessary to support the peace process in Colombia or for
    urgent humanitarian reasons.

      PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

        Sec. 558. None of the funds appropriated or otherwise made
    available by this Act may be used to provide equipment, technical
    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

                            west bank and gaza program

        Sec. 559. (a) Oversight.--For fiscal year 2005, 30 days prior to
    the initial obligation of funds for the bilateral West Bank and Gaza
    Program, the Secretary of State shall certify to the appropriate
    committees of Congress that procedures have been established to assure
    the Comptroller General of the United States will have access to
    appropriate United States financial information in order to review the
    uses of United States assistance for the Program funded under the
    heading ``Economic Support Fund'' for the West Bank and Gaza.
        (b) Vetting.--Prior to the obligation of funds appropriated by this
    Act under the heading ``Economic Support Fund'' for assistance for the
    West Bank and Gaza, the Secretary of State shall take all appropriate
    steps to ensure that such assistance is not provided to or through any
    individual, private or government entity, or educational institution
    that the Secretary knows or has reason to believe advocates, plans,
    sponsors, engages in, or has engaged in, terrorist activity. The
    Secretary of State shall, as appropriate, establish procedures
    specifying the steps to be taken in carrying out this subsection and
    shall terminate assistance to any individual, entity, or educational
    institution which he has determined to be involved in or advocating
    terrorist activity.
        (c) Prohibition.--None of the funds appropriated by this Act for
    assistance under the West Bank and Gaza program may be made available
    for the purpose of recognizing or otherwise honoring individuals who
    commit, or have committed, acts of terrorism.
        (d) Audits.--
            (1) The Administrator of the United States Agency for
        International Development shall ensure that Federal or non-Federal
        audits of all contractors and grantees, and significant
        subcontractors and subgrantees, under the West Bank and Gaza
        Program, are conducted at least on an annual basis to ensure, among
        other things, compliance with this section.
            (2) Of the funds appropriated by this Act under the heading
        ``Economic Support Fund'' that are made available for assistance
        for the West Bank and Gaza, up to $1,000,000 may be used by the
        Office of the Inspector General of the United States Agency for
        International Development for audits, inspections, and other
        activities in furtherance of the requirements of this subsection.
        Such funds are in addition to funds otherwise available for such
        purposes.

                 contributions to united nations population fund

        Sec. 560. (a) Limitations on Amount of Contribution.--Of the
    amounts made available under ``International Organizations and
    Programs'' and ``Child Survival and Health Programs Fund'' for fiscal
    year 2005, $34,000,000 shall be made available for the United Nations
    Population Fund (hereafter in this section referred to as the
    ``UNFPA''): Provided, That of this amount, not less than $25,000,000
    shall be derived from funds appropriated under the heading
    ``International Organizations and Programs''.
        (b) Availability of Funds.--Funds appropriated under the heading
    ``International Organizations and Programs'' in this Act that are
    available for UNFPA, that are not made available for UNFPA because of
    the operation of any provision of law, shall be transferred to ``Child
    Survival and Health Programs Fund'' and shall be made available for
    family planning, maternal, and reproductive health activities, subject
    to the regular notification procedures of the Committees on
    Appropriations.
        (c) Reprogramming of Funds.--Of the funds appropriated in Public
    Law 108-199 that were available for the UNFPA, $12,500,000 shall be
    made available for anti-trafficking programs: Provided, That of the
    funds appropriated in Public Law 108-199 that were available for the
    UNFPA, $12,500,000 shall be made available for the family planning,
    maternal, and reproductive health activities of the United States
    Agency for International Development in Albania, Azerbaijan, the
    Democratic Republic of the Congo, Ethiopia, Georgia, Haiti, Kazakhstan,
    Kenya, Nigeria, Romania, Russia, Rwanda, Tanzania, Uganda, and the
    Ukraine: Provided further, That such programs and activities shall be
    deemed to have been justified to Congress.
        (d) Prohibition on Use of Funds in China.--None of the funds made
    available under ``International Organizations and Programs'' may be
    made available for the UNFPA for a country program in the People's
    Republic of China.
        (e) Conditions on Availability of Funds.--Amounts made available
    under ``International Organizations and Programs'' for fiscal year 2005
    for the UNFPA may not be made available to UNFPA unless--
            (1) the UNFPA maintains amounts made available to the UNFPA
        under this section in an account separate from other accounts of
        the UNFPA;
            (2) the UNFPA does not commingle amounts made available to the
        UNFPA under this section with other sums; and
            (3) the UNFPA does not fund abortions.

                                  WAR CRIMINALS

        Sec. 561. (a)(1) None of the funds appropriated or otherwise made
    available pursuant to this Act may be made available for assistance,
    and the Secretary of the Treasury shall instruct the United States
    executive directors to the international financial institutions to vote
    against any new project involving the extension by such institutions of
    any financial or technical assistance, to any country, entity, or
    municipality whose competent authorities have failed, as determined by
    the Secretary of State, to take necessary and significant steps to
    implement its international legal obligations to apprehend and transfer
    to the International Criminal Tribunal for the former Yugoslavia (the
    ``Tribunal'') all persons in their territory who have been indicted by
    the Tribunal and to otherwise cooperate with the Tribunal.
        (2) The provisions of this subsection shall not apply to
    humanitarian assistance or assistance for democratization.
        (b) The provisions of subsection (a) shall apply unless the
    Secretary of State determines and reports to the appropriate
    congressional committees that the competent authorities of such
    country, entity, or municipality are--
            (1) cooperating with the Tribunal, including access for
        investigators to archives and witnesses, the provision of
        documents, and the surrender and transfer of indictees or
        assistance in their apprehension; and
            (2) are acting consistently with the Dayton Accords.
        (c) Not less than 10 days before any vote in an international
    financial institution regarding the extension of any new project
    involving financial or technical assistance or grants to any country or
    entity described in subsection (a), the Secretary of the Treasury, in
    consultation with the Secretary of State, shall provide to the
    Committees on Appropriations a written justification for the proposed
    assistance, including an explanation of the United States position
    regarding any such vote, as well as a description of the location of
    the proposed assistance by municipality, its purpose, and its intended
    beneficiaries.
        (d) In carrying out this section, the Secretary of State, the
    Administrator of the United States Agency for International
    Development, and the Secretary of the Treasury shall consult with
    representatives of human rights organizations and all government
    agencies with relevant information to help prevent indicted war
    criminals from benefiting from any financial or technical assistance or
    grants provided to any country or entity described in subsection (a).
        (e) The Secretary of State may waive the application of subsection
    (a) with respect to projects within a country, entity, or municipality
    upon a written determination to the Committees on Appropriations that
    such assistance directly supports the implementation of the Dayton
    Accords.
        (f) Definitions.--As used in this section:
            (1) Country.--The term ``country'' means Bosnia and
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation of
        Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
        Srpska.
            (3) Municipality.--The term ``municipality'' means a city, town
        or other subdivision within a country or entity as defined herein.
            (4) Dayton accords.--The term ``Dayton Accords'' means the
        General Framework Agreement for Peace in Bosnia and Herzegovina,
        together with annexes relating thereto, done at Dayton, November 10
        through 16, 1995.

                                    User Fees

        Sec. 562. The Secretary of the Treasury shall instruct the United
    States Executive Director at each international financial institution
    (as defined in section 1701(c)(2) of the International Financial
    Institutions Act) and the International Monetary Fund to oppose any
    loan, grant, strategy or policy of these institutions that would
    require user fees or service charges on poor people for primary
    education or primary healthcare, including prevention and treatment
    efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and
    maternal well-being, in connection with the institutions' financing
    programs.

                                funding for serbia

        Sec. 563. (a) Funds appropriated by this Act may be made available
    for assistance for the central Government of Serbia after May 31, 2005,
    if the President has made the determination and certification contained
    in subsection (c).
        (b) After May 31, 2005, the Secretary of the Treasury should
    instruct the United States executive directors to the international
    financial institutions to support loans and assistance to the
    Government of Serbia and Montenegro subject to the conditions in
    subsection (c): Provided, That section 576 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1997, as
    amended, shall not apply to the provision of loans and assistance to
    the Government of Serbia and Montenegro through international financial
    institutions.
        (c) The determination and certification referred to in subsection
    (a) is a determination by the President and a certification to the
    Committees on Appropriations that the Government of Serbia and
    Montenegro is--
            (1) cooperating with the International Criminal Tribunal for
        the former Yugoslavia including access for investigators, the
        provision of documents, and the surrender and transfer of indictees
        or assistance in their apprehension, including making all
        practicable efforts to apprehend and transfer Ratko Mladic;
            (2) taking steps that are consistent with the Dayton Accords to
        end Serbian financial, political, security and other support which
        has served to maintain separate Republika Srpska institutions; and
            (3) taking steps to implement policies which reflect a respect
        for minority rights and the rule of law.
        (d) This section shall not apply to Montenegro, Kosovo,
    humanitarian assistance or assistance to promote democracy.

                        COMMUNITY-BASED POLICE ASSISTANCE

        Sec. 564. (a) Authority.--Funds made available by this Act to carry
    out the provisions of chapter 1 of part I and chapter 4 of part II of
    the Foreign Assistance Act of 1961, may be used, notwithstanding
    section 660 of that Act, to enhance the effectiveness and
    accountability of civilian police authority through training and
    technical assistance in human rights, the rule of law, strategic
    planning, and through assistance to foster civilian police roles that
    support democratic governance including assistance for programs to
    prevent conflict, respond to disasters, address gender-based violence,
    and foster improved police relations with the communities they serve.
        (b) Notification.--Assistance provided under subsection (a) shall
    be subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.

                       Special Debt Relief for the Poorest

        Sec. 565. (a) Authority To Reduce Debt.--The President may reduce
    amounts owed to the United States (or any agency of the United States)
    by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the Foreign
        Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms Export
        Control Act; or
            (3) any obligation or portion of such obligation, to pay for
        purchases of United States agricultural commodities guaranteed by
        the Commodity Credit Corporation under export credit guarantee
        programs authorized pursuant to section 5(f) of the Commodity
        Credit Corporation Charter Act of June 29, 1948, as amended,
        section 4(b) of the Food for Peace Act of 1966, as amended (Public
        Law 89-808), or section 202 of the Agricultural Trade Act of 1978,
        as amended (Public Law 95-501).
        (b) Limitations.--
            (1) The authority provided by subsection (a) may be exercised
        only to implement multilateral official debt relief and referendum
        agreements, commonly referred to as ``Paris Club Agreed Minutes''.
            (2) The authority provided by subsection (a) may be exercised
        only in such amounts or to such extent as is provided in advance by
        appropriations Acts.
            (3) The authority provided by subsection (a) may be exercised
        only with respect to countries with heavy debt burdens that are
        eligible to borrow from the International Development Association,
        but not from the International Bank for Reconstruction and
        Development, commonly referred to as ``IDA-only'' countries.
        (c) Conditions.--The authority provided by subsection (a) may be
    exercised only with respect to a country whose government--
            (1) does not have an excessive level of military expenditures;
            (2) has not repeatedly provided support for acts of
        international terrorism;
            (3) is not failing to cooperate on international narcotics
        control matters;
            (4) (including its military or other security forces) does not
        engage in a consistent pattern of gross violations of
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the application
        of section 527 of the Foreign Relations Authorization Act, Fiscal
        Years 1994 and 1995.
        (d) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to the funds appropriated by this Act
    under the heading ``Debt Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt
    pursuant to subsection (a) shall not be considered assistance for the
    purposes of any provision of law limiting assistance to a country. The
    authority provided by subsection (a) may be exercised notwithstanding
    section 620(r) of the Foreign Assistance Act of 1961 or section 321 of
    the International Development and Food Assistance Act of 1975.

                  Authority to Engage in Debt Buybacks or Sales

        Sec. 566. (a) Loans Eligible for Sale, Reduction, or
    Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, in
        accordance with this section, sell to any eligible purchaser any
        concessional loan or portion thereof made before January 1, 1995,
        pursuant to the Foreign Assistance Act of 1961, to the government
        of any eligible country as defined in section 702(6) of that Act or
        on receipt of payment from an eligible purchaser, reduce or cancel
        such loan or portion thereof, only for the purpose of
        facilitating--
                (A) debt-for-equity swaps, debt-for-development swaps, or
            debt-for-nature swaps; or
                (B) a debt buyback by an eligible country of its own
            qualified debt, only if the eligible country uses an additional
            amount of the local currency of the eligible country, equal to
            not less than 40 percent of the price paid for such debt by
            such eligible country, or the difference between the price paid
            for such debt and the face value of such debt, to support
            activities that link conservation and sustainable use of
            natural resources with local community development, and child
            survival and other child development, in a manner consistent
            with sections 707 through 710 of the Foreign Assistance Act of
            1961, if the sale, reduction, or cancellation would not
            contravene any term or condition of any prior agreement
            relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other provision
        of law, the President shall, in accordance with this section,
        establish the terms and conditions under which loans may be sold,
        reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 702(8)
        of the Foreign Assistance Act of 1961, shall notify the
        administrator of the agency primarily responsible for administering
        part I of the Foreign Assistance Act of 1961 of purchasers that the
        President has determined to be eligible, and shall direct such
        agency to carry out the sale, reduction, or cancellation of a loan
        pursuant to this section. Such agency shall make adjustment in its
        accounts to reflect the sale, reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall be
        available only to the extent that appropriations for the cost of
        the modification, as defined in section 502 of the Congressional
        Budget Act of 1974, are made in advance.
        (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
    cancellation of any loan sold, reduced, or canceled pursuant to this
    section shall be deposited in the United States Government account or
    accounts established for the repayment of such loan.
        (c) Eligible Purchasers.--A loan may be sold pursuant to subsection
    (a)(1)(A) only to a purchaser who presents plans satisfactory to the
    President for using the loan for the purpose of engaging in debt-for-
    equity swaps, debt-for-development swaps, or debt-for-nature swaps.
        (d) Debtor Consultations.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this section,
    of any loan made to an eligible country, the President should consult
    with the country concerning the amount of loans to be sold, reduced, or
    canceled and their uses for debt-for-equity swaps, debt-for-development
    swaps, or debt-for-nature swaps.
        (e) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to funds appropriated by this Act
    under the heading ``Debt Restructuring''.

                                 Basic Education

        Sec. 567. Of the funds appropriated by title II of this Act, not
    less than $400,000,000 shall be made available for basic education.

                             reconciliation programs

        Sec. 568. Of the funds appropriated under the heading ``Economic
    Support Fund'', not less than $12,000,000 shall be made available to
    support reconciliation programs and activities which bring together
    individuals of different ethnic, religious, and political backgrounds
    from areas of civil conflict and war.

                                      SUDAN

        Sec. 569. (a) Availability of Funds.--Of the funds appropriated by
    title II of this Act, not less than $311,000,000 should be made
    available for assistance for Sudan.
        (b) Limitation on Assistance.--Subject to subsection (c):
            (1) Notwithstanding section 501(a) of the International Malaria
        Control Act of 2000 (Public Law 106-570) or any other provision of
        law, none of the funds appropriated by this Act may be made
        available for assistance for the Government of Sudan.
            (2) None of the funds appropriated by this Act may be made
        available for the cost, as defined in section 502, of the
        Congressional Budget Act of 1974, of modifying loans and loan
        guarantees held by the Government of Sudan, including the cost of
        selling, reducing, or canceling amounts owed to the United States,
        and modifying concessional loans, guarantees, and credit
        agreements.
        (c) Subsection (b) shall not apply if the Secretary of State
    determines and certifies to the Committees on Appropriations that--
            (1) the Government of Sudan has taken significant steps to
        disarm and disband government-supported militia groups in the
        Darfur region;
            (2) the Government of Sudan and all government-supported
        militia groups are honoring their commitments made in the cease-
        fire agreement of April 8, 2004; and
            (3) the Government of Sudan is allowing unimpeded access to
        Darfur to humanitarian aid organizations, the human rights
        investigation and humanitarian teams of the United Nations,
        including protection officers, and an international monitoring team
        that is based in Darfur and that has the support of the United
        States.
        (d) Exceptions.--The provisions of subsection (b) shall not apply
    to--
            (1) humanitarian assistance; and
            (2) assistance for Darfur and for areas outside the control of
        the Government of Sudan.
        (e) Notification.--Not more than $45,000,000 of the funds
    appropriated by this Act under the headings ``International Disaster
    and Famine Assistance'' and ``Transition Initiatives'' may be made
    available for assistance for Sudan outside of the Darfur region unless
    written notice has been provided to the Committees on Appropriations
    not less than 5 days prior to the obligation of such funds.
        (f) Definitions.--For the purposes of this Act and section 501 of
    Public Law 106-570, the terms ``Government of Sudan'', ``areas outside
    of control of the Government of Sudan'', and ``area in Sudan outside of
    control of the Government of Sudan'' shall have the same meaning and
    application as was the case immediately prior to June 5, 2004, and,
    with regard to assistance in support of a viable peace agreement,
    Southern Kordofan/Nuba Mountains State, Blue Nile State and Abyei.
        (g) Appropriation.--In addition to amounts appropriated elsewhere
    in this Act, $75,000,000 is hereby appropriated for ``Peacekeeping
    Operations'' to support peace and humanitarian intervention operations
    for Sudan, and $18,000,000 is hereby appropriated for ``International
    Disaster and Famine Assistance'' for humanitarian assistance and
    related activities in Sudan: Provided, That the entire amount
    appropriated in this subsection is designated as an emergency
    requirement pursuant to section 402 of S. Con. Res. 95 (108th
    Congress), as made applicable to the House of Representatives by H.
    Res. 649 (108th Congress) and applicable to the Senate by section 14007
    of Public Law 108-287: Provided further, That the Secretary of State
    shall consult with the Committees on Appropriations regarding the
    proposed uses of these funds within 30 days of the date of enactment of
    this Act.
        (h) Technical Change.--Section 12 of the International
    Organizations Immunities Act (22 U.S.C. 288f-2) is amended by striking
    ``Organization of African Unity'' and inserting ``African Union''.

                             trade capacity building

        Sec. 570. Of the funds appropriated by this Act, under the headings
    ``Trade and Development Agency'', ``Development Assistance'',
    ``Transition Initiatives'', ``Economic Support Fund'', ``International
    Affairs Technical Assistance'', and ``International Organizations and
    Programs'', not less than $507,000,000 should be made available for
    trade capacity building assistance: Provided, That $20,000,000 of the
    funds appropriated in this Act under the heading ``Economic Support
    Fund'' shall be made available for labor and environmental capacity
    building activities relating to the free trade agreement with the
    countries of Central America and the Dominican Republic.

      excess defense articles for central and south european countries and
                            certain other countries

        Sec. 571. Notwithstanding section 516(e) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2005, funds
    available to the Department of Defense may be expended for crating,
    packing, handling, and transportation of excess defense articles
    transferred under the authority of section 516 of such Act to Albania,
    Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of Macedonia,
    Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova,
    Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan,
    Ukraine, and Uzbekistan.

                                    INDONESIA

        Sec. 572. (a) Funds appropriated by this Act under the heading
    ``Foreign Military Financing Program'' may be made available for
    assistance for Indonesia, and licenses may be issued for the export of
    lethal defense articles for the Indonesian Armed Forces, only if the
    Secretary of State certifies to the appropriate congressional
    committees that--
            (1) the Armed Forces are taking steps to counter international
        terrorism, consistent with democratic principles and the rule of
        law, and in cooperation with countries in the region;
            (2) the Indonesian Government is prosecuting and punishing, in
        a manner proportional to the crime, members of the Armed Forces, of
        whatever rank, who have been credibly alleged to have committed
        gross violations of human rights or to have aided or abetted
        militia groups;
            (3) at the direction of the President of Indonesia, the Armed
        Forces are cooperating with civilian judicial authorities and with
        international efforts to resolve cases of gross violations of human
        rights in East Timor and elsewhere; and
            (4) at the direction of the President of Indonesia, the Armed
        Forces are implementing reforms to increase the transparency and
        accountability of their operations and financial management,
        including making publicly available audits of receipts and
        expenditures.
        (b) Funds appropriated under the heading ``International Military
    Education and Training'' may be made available for assistance for
    Indonesia if the Secretary of State determines and reports to the
    Committees on Appropriations that the Indonesian Government and Armed
    Forces are cooperating with the Federal Bureau of Investigation's
    investigation into the August 31, 2002, murders of two American
    citizens and one Indonesian citizen in Timika, Indonesia: Provided,
    That this restriction shall not apply to expanded international
    military education and training, which may include English language
    training.

                             limitation on contracts

        Sec. 573. None of the funds made available under this Act may be
    used to fund any contract in contravention of section 8(d)(6) of the
    Small Business Act (15 U.S.C. 637(d)(6)).

       limitation on economic support fund assistance for certain foreign
        governments that are parties to the international criminal court

        Sec. 574. (a) None of the funds made available in this Act in title
    II under the heading ``Economic Support Fund'' may be used to provide
    assistance to the government of a country that is a party to the
    International Criminal Court and has not entered into an agreement with
    the United States pursuant to Article 98 of the Rome Statute preventing
    the International Criminal Court from proceeding against United States
    personnel present in such country.
        (b) The President may, without prior notice to Congress, waive the
    prohibition of subsection (a) with respect to a North Atlantic Treaty
    Organization (``NATO'') member country, a major non-NATO ally
    (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the
    Republic of Korea, and New Zealand), or Taiwan if he determines and
    reports to the appropriate congressional committees that it is
    important to the national security interests of the United States to
    waive such prohibition.
        (c) The President may, without prior notice to Congress, waive the
    prohibition of subsection (a) with respect to a particular country if
    he determines and reports to the appropriate congressional committees
    that such country has entered into an agreement with the United States
    pursuant to Article 98 of the Rome Statute preventing the International
    Criminal Court from proceeding against United States personnel present
    in such country.
        (d) The prohibition of this section shall not apply to countries
    otherwise eligible for assistance under the Millennium Challenge Act of
    2003, notwithstanding section 606(a)(2)(B) of such Act.

               prohibition against direct funding for saudi arabia

        Sec. 575. None of the funds appropriated or otherwise made
    available pursuant to this Act shall be obligated or expended to
    finance any assistance to Saudi Arabia: Provided, That the President
    may waive the prohibition of this section if he certifies to the
    Committees on Appropriations, 15 days prior to the obligation of funds
    for assistance for Saudi Arabia, that Saudi Arabia is cooperating with
    efforts to combat international terrorism and that the proposed
    assistance will help facilitate that effort.

                               ENVIRONMENT PROGRAMS

        Sec. 576. (a) Funding.--Of the funds appropriated under the heading
    ``Development Assistance'', not less than $165,500,000 shall be made
    available for programs and activities which directly protect
    biodiversity, including forests, in developing countries, of which not
    less than $8,000,000 should be made available to implement a regional
    strategy for biodiversity conservation in the countries comprising the
    Amazon basin of South America, including to improve the capacity of
    indigenous communities and local law enforcement agencies to protect
    the biodiversity of indigenous reserves, which amount shall be in
    addition to the amounts requested for biodiversity activities in these
    countries in fiscal year 2005: Provided, That of the funds appropriated
    by this Act, not less than $180,000,000 shall be made available to
    support clean energy and other climate change policies and programs in
    developing countries, of which $100,000,000 should be made available to
    directly promote and deploy energy conservation, energy efficiency, and
    renewable and clean energy technologies, and of which the balance
    should be made available to directly: (1) measure, monitor, and reduce
    greenhouse gas emissions; (2) increase carbon sequestration activities;
    and (3) enhance climate change mitigation and adaptation programs.
        (b) Climate Change Report.--Not later than 45 days after the date
    on which the President's fiscal year 2006 budget request is submitted
    to Congress, the President shall submit a report to the Committees on
    Appropriations describing in detail the following--
            (1) all Federal agency obligations and expenditures, domestic
        and international, for climate change programs and activities in
        fiscal year 2005, including an accounting of expenditures by agency
        with each agency identifying climate change activities and
        associated costs by line item as presented in the President's
        Budget Appendix; and
            (2) all fiscal year 2004 obligations and estimated
        expenditures, fiscal year 2005 estimated expenditures and estimated
        obligations, and fiscal year 2006 requested funds by the United
        States Agency for International Development, by country and central
        program, for each of the following: (i) to promote the transfer and
        deployment of a wide range of United States clean energy and energy
        efficiency technologies; (ii) to assist in the measurement,
        monitoring, reporting, verification, and reduction of greenhouse
        gas emissions; (iii) to promote carbon capture and sequestration
        measures; (iv) to help meet such countries' responsibilities under
        the Framework Convention on Climate Change; and (v) to develop
        assessments of the vulnerability to impacts of climate change and
        mitigation and adaptation response strategies.
        (c) Extraction of Natural Resources.--
            (1) The Secretary of the Treasury shall inform the managements
        of the international financial institutions and the public that it
        is the policy of the United States that any assistance by such
        institutions (including but not limited to any loan, credit, grant,
        or guarantee) for the extraction and export of oil, gas, coal,
        timber, or other natural resource should not be provided unless the
        government of the country has in place or is taking the necessary
        steps to establish functioning systems for: (i) accurately
        accounting for revenues and expenditures in connection with the
        extraction and export of the type of natural resource to be
        extracted or exported; (ii) the independent auditing of such
        accounts and the widespread public dissemination of the audits; and
        (iii) verifying government receipts against company payments
        including widespread dissemination of such payment information in a
        manner that does not create competitive disadvantage or disclose
        proprietary information.
            (2) Not later than 180 days after the enactment of this Act,
        the Secretary of the Treasury shall submit a report to the
        Committees on Appropriations describing, for each international
        financial institution, the amount and type of assistance provided,
        by country, for the extraction and export of oil, gas, coal,
        timber, or other national resource since September 30, 2004.

                                    uzbekistan

        Sec. 577. Funds appropriated by this Act may be made available for
    assistance for the central Government of Uzbekistan only if the
    Secretary of State determines and reports to the Committees on
    Appropriations that the Government of Uzbekistan is making substantial
    and continuing progress in meeting its commitments under the
    ``Declaration on the Strategic Partnership and Cooperation Framework
    Between the Republic of Uzbekistan and the United States of America'',
    including respect for human rights, establishing a genuine multi-party
    system, and ensuring free and fair elections, freedom of expression,
    and the independence of the media.

                                   Central Asia

        Sec. 578. (a) Funds appropriated by this Act may be made available
    for assistance for the Government of Kazakhstan only if the Secretary
    of State determines and reports to the Committees on Appropriations
    that the Government of Kazakhstan has made significant improvements in
    the protection of human rights during the preceding 6 month period.
        (b) The Secretary of State may waive subsection (a) if he
    determines and reports to the Committees on Appropriations that such a
    waiver is in the national security interest of the United States.
        (c) Not later than October 1, 2005, the Secretary of State shall
    submit a report to the Committees on Appropriations and the Committee
    on Foreign Relations of the Senate and the Committee on International
    Relations of the House of Representatives describing the following:
            (1) The defense articles, defense services, and financial
        assistance provided by the United States to the countries of
        Central Asia during the 6-month period ending 30 days prior to
        submission of such report.
            (2) The use during such period of defense articles, defense
        services, and financial assistance provided by the United States by
        units of the armed forces, border guards, or other security forces
        of such countries.
        (d) For purposes of this section, the term ``countries of Central
    Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
    Turkmenistan.

                               disability programs

        Sec. 579. (a) Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than $2,500,000 shall be
    made available for programs and activities to address the needs and
    protect the rights of people with disabilities in developing countries:
    Provided, That such funds shall be administered by the United States
    Agency for International Development (``USAID'') and the Department of
    State, and shall be available for grants to nongovernmental
    organizations that work on behalf of people with disabilities in such
    countries.
        (b) The Secretary of State and the USAID Administrator shall
    designate within their respective agencies an individual to serve as
    Disability ``Advisor'' or ``Coordinator'', whose function it shall be
    to ensure that disability rights are addressed, where appropriate, in
    United States policies and programs.
        (c) Funds made available under subsection (a) may be made available
    for an international conference on the needs of people with
    disabilities, including disability rights, advocacy and access.
        (d) The Secretary of State, the Secretary of the Treasury, and the
    USAID Administrator shall seek to ensure that the needs of people with
    disabilities are addressed, where appropriate, in democracy, human
    rights, and rule of law programs, projects and activities supported by
    the Department of State, Department of the Treasury, and USAID.
        (e) The USAID Administrator shall seek to ensure that programs,
    projects and activities administered by USAID comply fully with USAID's
    ``Policy Paper: Disability'' issued on September 12, 1997: Provided,
    That not later than 90 days after enactment of this Act, USAID shall
    implement procedures to require that prospective grantees seeking
    funding from USAID specify, when relevant, how the proposed program,
    project or activity for which funding is being requested will include
    protecting the rights and addressing the needs of persons with
    disabilities.

                                     ZIMBABWE

        Sec. 580. The Secretary of the Treasury shall instruct the United
    States executive director to each international financial institution
    to vote against any extension by the respective institution of any
    loans to the Government of Zimbabwe, except to meet basic human needs
    or to promote democracy, unless the Secretary of State determines and
    certifies to the Committees on Appropriations that the rule of law has
    been restored in Zimbabwe, including respect for ownership and title to
    property, freedom of speech and association.

                                      TIBET

        Sec. 581. (a) The Secretary of the Treasury should instruct the
    United States executive director to each international financial
    institution to use the voice and vote of the United States to support
    projects in Tibet if such projects do not provide incentives for the
    migration and settlement of non-Tibetans into Tibet or facilitate the
    transfer of ownership of Tibetan land and natural resources to non-
    Tibetans; are based on a thorough needs-assessment; foster self-
    sufficiency of the Tibetan people and respect Tibetan culture and
    traditions; and are subject to effective monitoring.
        (b) Notwithstanding any other provision of law, not less than
    $4,000,000 of the funds appropriated by this Act under the heading
    ``Economic Support Fund'' should be made available to nongovernmental
    organizations to support activities which preserve cultural traditions
    and promote sustainable development and environmental conservation in
    Tibetan communities in the Tibetan Autonomous Region and in other
    Tibetan communities in China, and not less than $250,000 should be made
    available to the National Endowment for Democracy for human rights and
    democracy programs relating to Tibet.

                                     NIGERIA

        Sec. 582. The President shall submit a report to the Committees on
    Appropriations describing the involvement of the Nigerian Armed Forces
    in the incident in Benue State, the measures that are being taken to
    bring such individuals to justice, and whether any Nigerian Armed
    Forces units involved with the incident in Benue State are receiving
    United States assistance.

         DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN
                                   FEDERATION

        Sec. 583. None of the funds appropriated under this Act may be made
    available for the Government of the Russian Federation, after 180 days
    from the date of the enactment of this Act, unless the President
    determines and certifies in writing to the Committees on Appropriations
    that the Government of the Russian Federation has implemented no
    statute, Executive order, regulation or similar government action that
    would discriminate, or which has as its principal effect
    discrimination, against religious groups or religious communities in
    the Russian Federation in violation of accepted international
    agreements on human rights and religious freedoms to which the Russian
    Federation is a party.

                                 CENTRAL AMERICA

        Sec. 584. (a) Of the funds appropriated by this Act under the
    headings ``Child Survival and Health Programs Fund'' and ``Development
    Assistance'', not less than the amount of funds initially allocated
    pursuant to section 653(a) of the Foreign Assistance Act of 1961 for
    fiscal year 2004 should be made available for El Salvador, Guatemala,
    Nicaragua and Honduras.
        (b) Not to exceed $3,227,000 in prior year ``Military Assistance
    Program'' funds that are available for Guatemala may be made available
    for non-lethal defense items for Guatemala if the Secretary of State
    certifies to the Committees on Appropriations and the Committee on
    Foreign Relations of the Senate and the Committee on International
    Relations of the House of Representatives that--
            (1) the role of the Guatemalan military has been limited, in
        doctrine and in practice, to substantially those activities in
        defense of Guatemala's sovereignty and territorial integrity that
        are permitted by the 1996 Peace Accords, and the Government of
        Guatemala is taking steps to pass a new governing law of the Army
        (Ley Constitutiva del Ejercito);
            (2) the Guatemalan military is cooperating with civilian
        judicial authorities, including providing full cooperation on
        access to witnesses, documents and classified intelligence files,
        in investigations and prosecutions of military personnel who have
        been implicated in human rights violations and other criminal
        activity;
            (3) the Government of Guatemala is working with the United
        Nations to resolve legal impediments to the establishment of the
        Commission for the Investigation of Illegal Groups and Clandestine
        Security Organizations (CICIACS), so that CICIACS can effectively
        accomplish its mission of investigating and bringing to justice
        illegal groups and members of clandestine security organizations;
            (4) the Government of Guatemala is continuing its efforts to
        make the military budget process transparent and accessible to
        civilian authorities and to the public, for both present and past
        expenditures;
            (5) the Government of Guatemala is working to facilitate the
        prompt establishment of an office in Guatemala of the United
        Nations High Commissioner for Human Rights with the unimpeded
        authority to investigate and report on human rights in Guatemala;
        and
            (6) the Government of Guatemala is taking steps to increase its
        efforts to combat narcotics trafficking and organized crime.
        (c) Section 527 of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (22 U.S.C. 2370(a)) is amended by adding at the end
    the following new subsection:
        ``(i) Certain Claims for Expropriation by the Government of
    Nicaragua.--
            ``(1) Any action of the types set forth in subparagraphs (A),
        (B), and (C) of subsection (a)(1) that was taken by the Government
        of Nicaragua during the period beginning on January 1, 1956, and
        ending on January 9, 2002, shall not be considered in implementing
        the prohibition under subsection (a) unless the action has been
        presented in accordance with the procedure set forth in paragraph
        (2).
            ``(2) An action shall be deemed presented for purposes of
        paragraph (1) if it is--
                ``(A) in writing; and
                ``(B) received by the United States Department of State on
            or before 120 days after the date specified in paragraph (3)
            at--
                    ``(i) the headquarters of the United States Department
                of State in Washington, D.C.; or
                    ``(ii) the Embassy of the United States of America to
                Nicaragua.
            ``(3) The date to which paragraph (2) refers is a date after
        enactment of this subsection that is specified by the Secretary of
        State, in the Secretary's discretion, in a notice published in the
        Federal Register.''.

                               war crimes in africa

        Sec. 585. (a) The Congress recognizes the important contribution
    that the democratically elected Government of Nigeria has played in
    fostering stability in West Africa.
        (b) The Congress reaffirms its support for the efforts of the
    International Criminal Tribunal for Rwanda (ICTR) and the Special Court
    for Sierra Leone (SCSL) to bring to justice individuals responsible for
    war crimes and crimes against humanity in a timely manner.
        (c) Funds appropriated by this Act, including funds for debt
    restructuring, may be made available for assistance to the central
    government of a country in which individuals indicted by ICTR and SCSL
    are credibly alleged to be living, if the Secretary of State determines
    and reports to the Committees on Appropriations that such government is
    cooperating with ICTR and SCSL, including the surrender and transfer of
    indictees in a timely manner: Provided, That this subsection shall not
    apply to assistance provided under section 551 of the Foreign
    Assistance Act of 1961 or to project assistance under title II of this
    Act: Provided further, That the United States shall use its voice and
    vote in the United Nations Security Council to fully support efforts by
    ICTR and SCSL to bring to justice individuals indicted by such
    tribunals in a timely manner.
        (d) The prohibition in subsection (c) may be waived on a country by
    country basis if the President determines that doing so is in the
    national security interest of the United States: Provided, That prior
    to exercising such waiver authority, the President shall submit a
    report to the Committees on Appropriations, in classified form if
    necessary, on: (1) the steps being taken to obtain the cooperation of
    the government in surrendering the indictee in question to SCSL or
    ICTR; (2) a strategy for bringing the indictee before ICTR or SCSL; and
    (3) the justification for exercising the waiver authority.

                             admission of refugees

        Sec. 586. (a) The Secretary of State shall utilize private
    voluntary organizations with expertise in the protection needs of
    refugees in the processing of refugees overseas for admission and
    resettlement to the United States, and shall utilize such agencies in
    addition to the United Nations High Commissioner for Refugees in the
    identification and referral of refugees.
        (b) The Secretary of State should maintain a system for accepting
    referrals of appropriate candidates for resettlement from local
    private, voluntary organizations and work to ensure that particularly
    vulnerable refugee groups receive special consideration for admission
    into the United States, including--
            (1) long-stayers in countries of first asylum;
            (2) unaccompanied refugee minors;
            (3) refugees outside traditional camp settings; and
            (4) refugees in woman-headed households.
        (c) The Secretary of State shall give special consideration to--
            (1) refugees of all nationalities who have close family ties to
        citizens and residents of the United States; and
            (2) other groups of refugees who are of special concern to the
        United States.

                                 code of conduct

        Sec. 587. (a) None of the funds made available by title II under
    the heading ``Migration and Refugee Assistance'' or ``Transition
    Initiatives'' to provide assistance to refugees or internally displaced
    persons may be provided to an organization that has failed to adopt a
    code of conduct consistent with the Inter-Agency Standing Committee
    Task Force on Protection From Sexual Exploitation and Abuse in
    Humanitarian Crises six core principles for the protection of
    beneficiaries of humanitarian assistance.
        (b) In administering the amounts made available for the accounts
    described in subsection (a), the Secretary of State and Administrator
    of the United States Agency for International Development shall
    incorporate specific policies and programs for the purpose of
    identifying specific needs of, and particular threats to, women and
    children at the various stages of humanitarian emergencies, especially
    at the onset of such emergency.

       UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT HIRING AUTHORITY

        Sec. 588. (a) Authority.--Up to $37,500,000 of the funds made
    available in this Act to carry out the provisions of part I of the
    Foreign Assistance Act of 1961, including funds appropriated under the
    heading ``Assistance for Eastern Europe and the Baltic States'', may be
    used by the United States Agency for International Development (USAID)
    to hire and employ individuals in the United States and overseas on a
    limited appointment basis pursuant to the authority of sections 308 and
    309 of the Foreign Service Act of 1980.
        (b) Restrictions.--
            (1) The number of individuals hired in any fiscal year pursuant
        to the authority contained in subsection (a) may not exceed 175, of
        which not more than 75 may be hired for employment in the United
        States.
            (2) The authority to hire individuals contained in subsection
        (a) shall expire on September 30, 2007.
        (c) Conditions.--The authority of this section may only be used--
            (1) to the extent that an equivalent number of positions that
        are filled by personal services contractors or other nondirect-hire
        employees of USAID, who are compensated with funds appropriated to
        carry out part I of the Foreign Assistance Act of 1961, including
        funds appropriated under the heading ``Assistance for Eastern
        Europe and the Baltic States'', are eliminated; and
            (2) after consultations between the Committees on
        Appropriations and the USAID Administrator on the implementation of
        this section and USAID work force issues more generally.
        (d) Priority Sectors.--In exercising the authority of this section,
    primary emphasis shall be placed on enabling USAID to meet personnel
    positions in technical skill areas currently encumbered by contractor
    or other nondirect-hire personnel.
        (e) Consultations.--After the initial consultations required by
    subsection (c)(2), the USAID Administrator shall consult with the
    Committees on Appropriations at least on a quarterly basis thereafter
    concerning the implementation of this section.
        (f) Program Account Charged.--The account charged for the cost of
    an individual hired and employed under the authority of this section
    shall be the account to which such individual's responsibilities
    primarily relate. Funds made available to carry out this section may be
    transferred to and merged and consolidated with funds appropriated for
    ``Operating Expenses of the United States Agency for International
    Development''.
        (g) Relation to Prior Law.--Upon completion of the consultations
    required by subsection (c)(2), the authority contained in this section
    shall supersede the authority contained in section 525 of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    2004.
        (h) Disaster Surge Capacity.--Funds appropriated by this Act to
    carry out part I of the Foreign Assistance Act of 1961, including funds
    appropriated under the heading ``Assistance for Eastern Europe and the
    Baltic States'', may be used, in addition to funds otherwise available
    for such purposes, for the cost (including the support costs) of
    individuals detailed to or employed by the United States Agency for
    International Development whose primary responsibility is to carry out
    programs in response to natural disasters.

         OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
                                  RESTRICTIONS

        Sec. 589. (a) Limitation on Use of Funds by OPIC.--None of the
    funds made available in this Act may be used by the Overseas Private
    Investment Corporation to insure, reinsure, guarantee, or finance any
    investment in connection with a project involving the mining, polishing
    or other processing, or sale of diamonds in a country that fails to
    meet the requirements of subsection (c).
        (b) Limitation on Use of Funds by the Export-Import Bank.--None of
    the funds made available in this Act may be used by the Export-Import
    Bank of the United States to guarantee, insure, extend credit, or
    participate in an extension of credit in connection with the export of
    any goods to a country for use in an enterprise involving the mining,
    polishing or other processing, or sale of diamonds in a country that
    fails to meet the requirements of subsection (c).
        (c) Requirements.--The requirements referred to in subsections (a)
    and (b) are that the country concerned is implementing the
    recommendations, obligations and requirements developed by the
    Kimberley Process on conflict diamonds.

                                 SECURITY IN ASIA

        Sec. 590. (a) Indonesia.--Funds made available for assistance for
    Indonesia under the heading ``Foreign Military Financing Program'' may
    be made available for assistance for the Indonesian navy
    notwithstanding section 572 of this Act if the Secretary of State
    reports to the Committees on Appropriations that the Indonesian navy is
    not violating human rights and is cooperating with civilian judicial
    authorities on cases involving human rights violations: Provided, That
    such funds may only be made available for assistance for the Indonesian
    navy for the purposes of enhancing maritime security: Provided further,
    That such funds shall be made available subject to the regular
    notification procedures of the Committees on Appropriations.
        (b) Cambodia.--Funds made available for assistance for Cambodia
    under the heading ``Foreign Military Financing Program'' may be made
    available notwithstanding section 554 of this Act: Provided, That such
    funds shall only be made available subject to the regular notification
    procedures of the Committees on Appropriations.
        (c) Nepal.--
            (1) The Congress deplores and condemns the Maoist insurgency in
        Nepal which has engaged in widespread atrocities against civilians
        and Nepalese security forces, and calls on other nations to
        denounce these vicious acts.
            (2) Funds appropriated under the heading ``Foreign Military
        Financing Program'' may be made available for assistance for Nepal
        if the Secretary of State reports to the Committees on
        Appropriations that the Government of Nepal:
                (A) has determined the number of and is making substantial
            progress in complying with habeas corpus orders issued by the
            Supreme Court of Nepal, including all outstanding orders;
                (B) is cooperating with the National Human Rights
            Commission of Nepal to identify and resolve all security
            related cases involving individuals in government custody;
                (C) is granting the National Human Rights Commission of
            Nepal unimpeded access to all places of detention; and
                (D) is taking effective steps to end torture by security
            forces and to prosecute members of such forces who are
            responsible for gross violations of human rights.
            (3) The Secretary of State may waive the requirements of
        paragraph (2) if he determines and reports to the Committees on
        Appropriations that to do so is in the national security interests
        of the United States.

                        HIPC DEBT REDUCTION AND TRUST FUND

        Sec. 591. (a) Section 801(b)(1) of Public Law 106-429 is amended--
            (1) by inserting ``(i)'' after ``appropriated''; and
            (2) by inserting before the period ``; and (ii) for fiscal
        years 2004-2006, not more than $150,000,000, for purposes of
        additional United States contributions to the HIPC Trust Fund
        administered by the Bank, which are authorized to remain available
        until expended''.
        (b) Section 501(i) of Public Law 106-113 is amended by striking
    ``2003-2004'' and inserting ``2000-2006''.

                      COMPLIANCE WITH THE ALGIERS AGREEMENTS

        Sec. 592. None of the funds appropriated by this Act may be made
    available for assistance for the central Governments of Ethiopia or
    Eritrea unless the Secretary of State certifies and reports to the
    Committees on Appropriations that such government is taking steps to
    comply with the terms of the Algiers Agreements: Provided, That this
    section shall not apply to democracy, rule of law, peacekeeping
    programs and activities, child survival and health, basic education,
    and agriculture programs: Provided further, That the Secretary may
    waive the requirements of this section if he determines that to do so
    is in the national security interests of the United States.

       ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL DEVELOPMENT BANKS

        Sec. 593. (a) Section 1307 of the International Financial
    Institutions Act (22 U.S.C. 262m-7) is amended--
            (1) by striking subsection (a) and inserting the following:
        ``(a) Assessment Required Before Favorable Vote on Proposal.--The
    Secretary of the Treasury shall instruct the United States Executive
    Director of each multilateral development bank not to vote in favor of
    any proposal (including but not limited to any loan, credit, grant,
    guarantee) which would result or be likely to result in significant
    impact on the environment, unless the Secretary, after consultation
    with the Secretary of State and the Administrators of the United States
    Agency for International Development and the Environmental Protection
    Agency, determines that for at least 120 days before the date of the
    vote--
            ``(1) an assessment analyzing the environmental impacts of the
        proposed action, including associated and cumulative impacts, and
        of alternatives to the proposed action, has been completed by the
        borrower or the bank and has been made available to the board of
        directors of the bank; and
            ``(2) such assessment or a comprehensive summary of the
        assessment (with proprietary information redacted) has been made
        available to affected groups, and local nongovernmental
        organizations and notice of its availability in the country and at
        the bank has been posted on the bank's website.''; and
            (2) by striking subsection (g) and inserting the following:
        ``(g) Multilateral Development Bank Defined.--In this title, the
    term `multilateral development bank' means the International Bank for
    Reconstruction and Development, the European Bank for Reconstruction
    and Development, the International Development Association, the
    International Finance Corporation, the Multilateral Investment
    Guarantee Agency, the African Development Bank, the African Development
    Fund, the Asian Development Bank, the Inter-American Development Bank,
    the Inter-American Investment Corporation, any other institution (other
    than the International Monetary Fund) specified in section 1701(c)(2),
    and any subsidiary of any such institution.''.
        (b) Section 1303(b) of the International Financial Institutions Act
    (22 U.S.C. 262m-2(b)) is amended--
            (1) by inserting ``(1)'' after ``(b)'' and replacing
        ``International Bank for Reconstruction and Development, the Inter-
        American Development Bank, the Asian Development Bank, the African
        Development Bank'' with the phrase ``multilateral development banks
        as defined in section 1307(g)''; and
            (2) by inserting at the end of subsection (b) the following
        text:
        ``(2) The Secretary of the Treasury shall instruct such Executive
    Directors to work with other countries' Executive Directors and
    multilateral development bank management to--
            ``(A) improve the procedures of each multilateral development
        bank for providing its board of directors with a complete and
        accurate record regarding public consultation before they vote on
        proposed projects with significant environmental implications; and
            ``(B) revise bank procedures to consistently require public
        consultation on operational policy proposals or revisions that have
        significant environmental or social implications.
        ``(3) Progress under this subsection shall be incorporated into
    Treasury's required annual report to Congress on the environmental
    performance of the multilateral development banks.''.

                               VIETNAMESE REFUGEES

        Sec. 594. (a) Eligibility for In-Country Refugee Processing in
    Vietnam.--For purposes of eligibility for in-country refugee processing
    for nationals of Vietnam during fiscal years 2004 and 2005, an alien
    described in subsection (b) shall be considered to be a refugee of
    special humanitarian concern to the United States (within the meaning
    of section 207 of the Immigration and Nationality Act (8 U.S.C. 1157))
    and shall be admitted to the United States for resettlement if the
    alien would be admissible as an immigrant under the Immigration and
    Nationality Act (except as provided in section 207(c)(3) of that Act).
        (b) Aliens Covered.--An alien described in this subsection is an
    alien who--
            (1) is the son or daughter of a qualified national;
            (2) is 21 years of age or older; and
            (3) was unmarried as of the date of acceptance of the alien's
        parent for resettlement under the Orderly Departure Program or
        through the United States Consulate General in Ho Chi Minh City.
        (c) Qualified National.--The term ``qualified national'' in
    subsection (b)(1) means a national of Vietnam who--
            (1)(A) was formerly interned in a re-education camp in Vietnam
        by the Government of the Socialist Republic of Vietnam; or
            (B) is the widow or widower of an individual described in
        subparagraph (A);
            (2)(A) qualified for refugee processing under the Orderly
        Departure Program re-education subprogram; and
            (B) is or was accepted under the Orderly Departure Program or
        through the United States Consulate General in Ho Chi Minh City--
                (i) for resettlement as a refugee; or
                (ii) for admission to the United States as an immediate
            relative immigrant; and
            (3)(A) is presently maintaining a residence in the United
        States or whose surviving spouse is presently maintaining such a
        residence; or
            (B) was approved for refugee resettlement or immigrant visa
        processing and is awaiting departure formalities from Vietnam or
        whose surviving spouse is awaiting such departure formalities.

                           JOINT EXPLANATORY STATEMENT

        Sec. 595. (a) Funds provided in this Act for the following accounts
    shall be made available for programs and countries in the amounts
    contained in the respective tables included in the joint explanatory
    statement of managers accompanying this Act:
            ``Economic Support Fund''.
            ``Assistance for Eastern Europe and the Baltic States''.
            ``Assistance for the Independent States of the Former Soviet
        Union''.
            ``Andean Counterdrug Initiative''.
            ``Nonproliferation, Anti-Terrorism, Demining and Related
        Programs''.
            ``Foreign Military Financing Program''.
            ``International Organizations and Programs''.
        (b) Any proposed increases or decreases to the amounts contained in
    such tables in the joint explanatory statement of managers shall be
    subject to the regular notification procedures of the Committees on
    Appropriations and section 634A of the Foreign Assistance Act of 1961.
        This division may be cited as the ``Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2005''.

          DIVISION E--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2005

                      TITLE I--DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                        Management of Lands and Resources

        For necessary expenses for protection, use, improvement,
    development, disposal, cadastral surveying, classification, acquisition
    of easements and other interests in lands, and performance of other
    functions, including maintenance of facilities, as authorized by law,
    in the management of lands and their resources under the jurisdiction
    of the Bureau of Land Management, including the general administration
    of the Bureau, and assessment of mineral potential of public lands
    pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $848,939,000, to
    remain available until expended, of which $1,000,000 is for high
    priority projects, to be carried out by the Youth Conservation Corps;
    $4,000,000 is for assessment of the mineral potential of public lands
    in Alaska pursuant to section 1010 of Public Law 96-487; (16 U.S.C.
    3150); and of which not to exceed $1,000,000 shall be derived from the
    special receipt account established by the Land and Water Conservation
    Act of 1965, as amended (16 U.S.C. 460l-6a(i)); and of which $3,500,000
    shall be available in fiscal year 2005 subject to a match by at least
    an equal amount by the National Fish and Wildlife Foundation for cost-
    shared projects supporting conservation of Bureau lands; and such funds
    shall be advanced to the Foundation as a lump sum grant without regard
    to when expenses are incurred.
        In addition, $32,696,000 is for Mining Law Administration program
    operations, including the cost of administering the mining claim fee
    program; to remain available until expended, to be reduced by amounts
    collected by the Bureau and credited to this appropriation from annual
    mining claim fees so as to result in a final appropriation estimated at
    not more than $848,939,000, and $2,000,000, to remain available until
    expended, from communication site rental fees established by the Bureau
    for the cost of administering communication site activities.

                             Wildland Fire Management

        For necessary expenses for fire preparedness, suppression
    operations, fire science and research, emergency rehabilitation,
    hazardous fuels reduction, and rural fire assistance by the Department
    of the Interior, $743,099,000, to remain available until expended, of
    which not to exceed $12,374,000 shall be for the renovation or
    construction of fire facilities: Provided, That such funds are also
    available for repayment of advances to other appropriation accounts
    from which funds were previously transferred for such purposes:
    Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
    furnished subsistence and lodging without cost from funds available
    from this appropriation: Provided further, That notwithstanding 42
    U.S.C. 1856d, sums received by a bureau or office of the Department of
    the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
    seq., protection of United States property, may be credited to the
    appropriation from which funds were expended to provide that
    protection, and are available without fiscal year limitation: Provided
    further, That using the amounts designated under this title of this
    Act, the Secretary of the Interior may enter into procurement
    contracts, grants, or cooperative agreements, for hazardous fuels
    reduction activities, and for training and monitoring associated with
    such hazardous fuels reduction activities, on Federal land, or on
    adjacent non-Federal land for activities that benefit resources on
    Federal land: Provided further, That the costs of implementing any
    cooperative agreement between the Federal Government and any non-
    Federal entity may be shared, as mutually agreed on by the affected
    parties: Provided further, That notwithstanding requirements of the
    Competition in Contracting Act, the Secretary, for purposes of
    hazardous fuels reduction activities, may obtain maximum practicable
    competition among: (1) local private, nonprofit, or cooperative
    entities; (2) Youth Conservation Corps crews or related partnerships
    with State, local, or non-profit youth groups; (3) small or micro-
    businesses; or (4) other entities that will hire or train locally a
    significant percentage, defined as 50 percent or more, of the project
    workforce to complete such contracts: Provided further, That in
    implementing this section, the Secretary shall develop written guidance
    to field units to ensure accountability and consistent application of
    the authorities provided herein: Provided further, That funds
    appropriated under this head may be used to reimburse the United States
    Fish and Wildlife Service and the National Marine Fisheries Service for
    the costs of carrying out their responsibilities under the Endangered
    Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,
    as required by section 7 of such Act, in connection with wildland fire
    management activities: Provided further, That the Secretary of the
    Interior may use wildland fire appropriations to enter into non-
    competitive sole source leases of real property with local governments,
    at or below fair market value, to construct capitalized improvements
    for fire facilities on such leased properties, including but not
    limited to fire guard stations, retardant stations, and other initial
    attack and fire support facilities, and to make advance payments for
    any such lease or for construction activity associated with the lease:
    Provided further, That the Secretary of the Interior and the Secretary
    of Agriculture may authorize the transfer of funds appropriated for
    wildland fire management, in an aggregate amount not to exceed
    $12,000,000, between the Departments when such transfers would
    facilitate and expedite jointly funded wildland fire management
    programs and projects: Provided further, That funds provided for
    wildfire suppression shall be available for support of Federal
    emergency response actions.

                         Central Hazardous Materials Fund

        For necessary expenses of the Department of the Interior and any of
    its component offices and bureaus for the remedial action, including
    associated activities, of hazardous waste substances, pollutants, or
    contaminants pursuant to the Comprehensive Environmental Response,
    Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
    $9,855,000, to remain available until expended: Provided, That,
    notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
    in advance of or as reimbursement for remedial action or response
    activities conducted by the Department pursuant to section 107 or
    113(f) of such Act, shall be credited to this account, to be available
    until expended without further appropriation: Provided further, That
    such sums recovered from or paid by any party are not limited to
    monetary payments and may include stocks, bonds or other personal or
    real property, which may be retained, liquidated, or otherwise disposed
    of by the Secretary and which shall be credited to this account.

                                   Construction

        For construction of buildings, recreation facilities, roads,
    trails, and appurtenant facilities, $11,500,000, to remain available
    until expended.

                                 Land Acquisition

        For expenses necessary to carry out sections 205, 206, and 318(d)
    of Public Law 94-579, including administrative expenses and acquisition
    of lands or waters, or interests therein, $11,350,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended.

                        Oregon and California Grant Lands

        For expenses necessary for management, protection, and development
    of resources and for construction, operation, and maintenance of access
    roads, reforestation, and other improvements on the revested Oregon and
    California Railroad grant lands, on other Federal lands in the Oregon
    and California land-grant counties of Oregon, and on adjacent rights-
    of-way; and acquisition of lands or interests therein, including
    existing connecting roads on or adjacent to such grant lands;
    $109,057,000, to remain available until expended: Provided, That 25
    percent of the aggregate of all receipts during the current fiscal year
    from the revested Oregon and California Railroad grant lands is hereby
    made a charge against the Oregon and California land-grant fund and
    shall be transferred to the General Fund in the Treasury in accordance
    with the second paragraph of subsection (b) of title II of the Act of
    August 28, 1937 (50 Stat. 876).

                    forest ecosystem health and recovery fund

                        (Revolving Fund, Special Account)

        In addition to the purposes authorized in Public Law 102-381, funds
    made available in the Forest Ecosystem Health and Recovery Fund can be
    used for the purpose of planning, preparing, implementing and
    monitoring salvage timber sales and forest ecosystem health and
    recovery activities, such as release from competing vegetation and
    density control treatments. The Federal share of receipts (defined as
    the portion of salvage timber receipts not paid to the counties under
    43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393)
    derived from treatments funded by this account shall be deposited into
    the Forest Ecosystem Health and Recovery Fund.

                                Range Improvements

        For rehabilitation, protection, and acquisition of lands and
    interests therein, and improvement of Federal rangelands pursuant to
    section 401 of the Federal Land Policy and Management Act of 1976 (43
    U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent
    of all moneys received during the prior fiscal year under sections 3
    and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
    designated for range improvements from grazing fees and mineral leasing
    receipts from Bankhead-Jones lands transferred to the Department of the
    Interior pursuant to law, but not less than $10,000,000, to remain
    available until expended: Provided, That not to exceed $600,000 shall
    be available for administrative expenses.

                    Service Charges, Deposits, and Forfeitures

        For administrative expenses and other costs related to processing
    application documents and other authorizations for use and disposal of
    public lands and resources, for costs of providing copies of official
    public land documents, for monitoring construction, operation, and
    termination of facilities in conjunction with use authorizations, and
    for rehabilitation of damaged property, such amounts as may be
    collected under Public Law 94-579, as amended, and Public Law 93-153,
    to remain available until expended: Provided, That, notwithstanding any
    provision to the contrary of section 305(a) of Public Law 94-579 (43
    U.S.C. 1735(a)), any moneys that have been or will be received pursuant
    to that section, whether as a result of forfeiture, compromise, or
    settlement, if not appropriate for refund pursuant to section 305(c) of
    that Act (43 U.S.C. 1735(c)), shall be available and may be expended
    under the authority of this Act by the Secretary to improve, protect,
    or rehabilitate any public lands administered through the Bureau of
    Land Management which have been damaged by the action of a resource
    developer, purchaser, permittee, or any unauthorized person, without
    regard to whether all moneys collected from each such action are used
    on the exact lands damaged which led to the action: Provided further,
    That any such moneys that are in excess of amounts needed to repair
    damage to the exact land for which funds were collected may be used to
    repair other damaged public lands.

                            Miscellaneous Trust Funds

        In addition to amounts authorized to be expended under existing
    laws, there is hereby appropriated such amounts as may be contributed
    under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
    such amounts as may be advanced for administrative costs, surveys,
    appraisals, and costs of making conveyances of omitted lands under
    section 211(b) of that Act, to remain available until expended.

                            Administrative Provisions

        Appropriations for the Bureau of Land Management shall be available
    for purchase, erection, and dismantlement of temporary structures, and
    alteration and maintenance of necessary buildings and appurtenant
    facilities to which the United States has title; up to $100,000 for
    payments, at the discretion of the Secretary, for information or
    evidence concerning violations of laws administered by the Bureau;
    miscellaneous and emergency expenses of enforcement activities
    authorized or approved by the Secretary and to be accounted for solely
    on her certificate, not to exceed $10,000: Provided, That,
    notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
    sharing and partnership arrangements authorized by law, procure
    printing services from cooperators in connection with jointly produced
    publications for which the cooperators share the cost of printing
    either in cash or in services, and the Bureau determines the cooperator
    is capable of meeting accepted quality standards.

                    United States Fish and Wildlife Service

                               Resource Management

        For necessary expenses of the United States Fish and Wildlife
    Service, as authorized by law, and for scientific and economic studies,
    maintenance of the herd of long-horned cattle on the Wichita Mountains
    Wildlife Refuge, general administration, and for the performance of
    other authorized functions related to such resources by direct
    expenditure, contracts, grants, cooperative agreements and reimbursable
    agreements with public and private entities, $977,205,000, to remain
    available until September 30, 2006, except as otherwise provided
    herein: Provided, That not less than $1,000,000 shall be provided to
    local governments in southern California for planning associated with
    the Natural Communities Conservation Planning (NCCP) program and shall
    remain available until expended: Provided further, That $2,000,000 is
    for high priority projects, which shall be carried out by the Youth
    Conservation Corps: Provided further, That, not to exceed $16,175,000,
    shall be used for implementing subsections (a), (b), (c), and (e) of
    section 4 of the Endangered Species Act, as amended, for species that
    are indigenous to the United States (except for processing petitions,
    developing and issuing proposed and final regulations, and taking any
    other steps to implement actions described in subsection (c)(2)(A),
    (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $11,400,000
    shall be used for any activity regarding the designation of critical
    habitat, pursuant to subsection (a)(3), excluding litigation support,
    for species listed pursuant to subsection (a)(1) prior to October 1,
    2004: Provided further, That of the amount available for law
    enforcement, up to $400,000, to remain available until expended, may at
    the discretion of the Secretary be used for payment for information,
    rewards, or evidence concerning violations of laws administered by the
    Service, and miscellaneous and emergency expenses of enforcement
    activity, authorized or approved by the Secretary and to be accounted
    for solely on her certificate: Provided further, That of the amount
    provided for environmental contaminants, up to $1,000,000 may remain
    available until expended for contaminant sample analyses.

                                   Construction

        For construction, improvement, acquisition, or removal of buildings
    and other facilities required in the conservation, management,
    investigation, protection, and utilization of fishery and wildlife
    resources, and the acquisition of lands and interests therein;
    $53,400,000, to remain available until expended: Provided, That,
    notwithstanding any other provision of law, a single procurement for
    the construction project at the Clark R. Bavin Forensics Laboratory in
    Oregon may be issued which includes the full scope of the project:
    Provided further, That the solicitation and the contract shall contain
    the clause ``availability of funds'' found at 48 CFR 52.232.18.

                                 Land Acquisition

        For expenses necessary to carry out the Land and Water Conservation
    Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for acquisition of land or waters, or
    interest therein, in accordance with statutory authority applicable to
    the United States Fish and Wildlife Service, $37,526,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended, of which $750,000 is for support of acquisition of lands for
    waterfowl habitat in the Yukon Flats National Wildlife Refuge, and the
    related conveyance of Federal lands and interests in lands to Doyon,
    Limited, an Alaska Native Corporation organized pursuant to the Alaska
    Native Claims Settlement Act: Provided, That the Secretary is
    authorized to, and shall, execute all necessary acquisitions and
    exchange agreement documents in furtherance of this acquisition and
    exchange as soon as possible: Provided further, That, notwithstanding
    any other law, all revenues, fees and royalties received by the Federal
    Government from oil and/or gas production from the lands, and interests
    in land, acquired by Doyon, Limited, pursuant to the exchange of lands
    located within Yukon Flats National Wildlife Refuge shall be deposited
    in a special account in the Treasury of the United States to be called
    the Alaska National Wildlife Refuge Land Acquisition and Facility
    Account (``Acquisition Account''): Provided further, That all amounts
    deposited in the acquisition account shall be available until expended
    without further act of appropriation to the Director of the United
    States Fish and Wildlife Service for only the following purposes: (1)
    to acquire lands from Doyon, Limited, located within Yukon Flats
    National Wildlife Refuge in accordance with the Exchange Agreement; (2)
    to acquire lands from other willing sellers in the Yukon Flats National
    Wildlife Refuge, or from other willing sellers in other units of the
    National Wildlife Refuge System located within the State of Alaska; and
    (3) to construct facilities and infrastructure for Alaska refuges:
    Provided further, That none of the funds appropriated for specific land
    acquisition projects, other than the appropriations for the Yukon Flats
    National Wildlife Refuge exchange and acquisition provided for under
    this heading, can be used to pay for any administrative overhead,
    planning or other management costs: Provided further, That none of the
    funds in this or any other Act may be used for the acquisition of land
    for inclusion in the Deep Fork National Wildlife Refuge.

                           Landowner Incentive Program

        For expenses necessary to carry out the Land and Water Conservation
    Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for private conservation efforts to be
    carried out on private lands, $22,000,000, to be derived from the Land
    and Water Conservation Fund, and to remain available until expended:
    Provided, That the amount provided herein is for a Landowner Incentive
    Program established by the Secretary that provides matching,
    competitively awarded grants to States, the District of Columbia,
    federally recognized Indian tribes, Puerto Rico, Guam, the United
    States Virgin Islands, the Northern Mariana Islands, and American
    Samoa, to establish or supplement existing landowner incentive programs
    that provide technical and financial assistance, including habitat
    protection and restoration, to private landowners for the protection
    and management of habitat to benefit federally listed, proposed,
    candidate, or other at-risk species on private lands.

                            private stewardship grants

        For expenses necessary to carry out the Land and Water Conservation
    Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for private conservation efforts to be
    carried out on private lands, $7,000,000, to be derived from the Land
    and Water Conservation Fund, and to remain available until expended:
    Provided, That the amount provided herein is for the Private
    Stewardship Grants Program established by the Secretary to provide
    grants and other assistance to individuals and groups engaged in
    private conservation efforts that benefit federally listed, proposed,
    candidate, or other at-risk species: Provided further, That balances
    from amounts previously appropriated under the heading ``Stewardship
    Grants'' shall be transferred to and merged with this appropriation and
    shall remain available until expended.

                 Cooperative Endangered Species Conservation Fund

        For expenses necessary to carry out section 6 of the Endangered
    Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $81,596,000,
    of which $32,212,000 is to be derived from the Cooperative Endangered
    Species Conservation Fund and $49,384,000 is to be derived from the
    Land and Water Conservation Fund and to remain available until
    expended.

                          National Wildlife Refuge Fund

        For expenses necessary to implement the Act of October 17, 1978 (16
    U.S.C. 715s), $14,414,000.

                    North American Wetlands Conservation Fund

        For expenses necessary to carry out the provisions of the North
    American Wetlands Conservation Act, Public Law 101-233, as amended,
    $38,000,000, to remain available until expended.

                     Neotropical Migratory Bird Conservation

        For financial assistance for projects to promote the conservation
    of neotropical migratory birds in accordance with the Neotropical
    Migratory Bird Conservation Act, Public Law 106-247 (16 U.S.C. 6101-
    6109), $4,000,000, to remain available until expended.

                     Multinational Species Conservation Fund

        For expenses necessary to carry out the African Elephant
    Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
    and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
    96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of
    1994 (16 U.S.C. 5301-5306), the Great Ape Conservation Act of 2000 (16
    U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public
    Law 108-266; 16 U.S.C. 6601), $5,800,000, to remain available until
    expended.

                         State and Tribal Wildlife Grants

        For wildlife conservation grants to States and to the District of
    Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
    Northern Mariana Islands, American Samoa, and federally recognized
    Indian tribes under the provisions of the Fish and Wildlife Act of 1956
    and the Fish and Wildlife Coordination Act, for the development and
    implementation of programs for the benefit of wildlife and their
    habitat, including species that are not hunted or fished, $70,000,000,
    to be derived from the Land and Water Conservation Fund, and to remain
    available until expended: Provided, That of the amount provided herein,
    $6,000,000 is for a competitive grant program for Indian tribes not
    subject to the remaining provisions of this appropriation: Provided
    further, That the Secretary shall, after deducting said $6,000,000 and
    administrative expenses, apportion the amount provided herein in the
    following manner: (1) to the District of Columbia and to the
    Commonwealth of Puerto Rico, each a sum equal to not more than one-half
    of 1 percent thereof; and (2) to Guam, American Samoa, the United
    States Virgin Islands, and the Commonwealth of the Northern Mariana
    Islands, each a sum equal to not more than one-fourth of 1 percent
    thereof: Provided further, That the Secretary shall apportion the
    remaining amount in the following manner: (1) one-third of which is
    based on the ratio to which the land area of such State bears to the
    total land area of all such States; and (2) two-thirds of which is
    based on the ratio to which the population of such State bears to the
    total population of all such States: Provided further, That the amounts
    apportioned under this paragraph shall be adjusted equitably so that no
    State shall be apportioned a sum which is less than 1 percent of the
    amount available for apportionment under this paragraph for any fiscal
    year or more than 5 percent of such amount: Provided further, That the
    Federal share of planning grants shall not exceed 75 percent of the
    total costs of such projects and the Federal share of implementation
    grants shall not exceed 50 percent of the total costs of such projects:
    Provided further, That the non-Federal share of such projects may not
    be derived from Federal grant programs: Provided further, That no
    State, territory, or other jurisdiction shall receive a grant unless it
    has developed, or committed to develop by October 1, 2005, a
    comprehensive wildlife conservation plan, consistent with criteria
    established by the Secretary of the Interior, that considers the broad
    range of the State, territory, or other jurisdiction's wildlife and
    associated habitats, with appropriate priority placed on those species
    with the greatest conservation need and taking into consideration the
    relative level of funding available for the conservation of those
    species: Provided further, That any amount apportioned in 2005 to any
    State, territory, or other jurisdiction that remains unobligated as of
    September 30, 2006, shall be reapportioned, together with funds
    appropriated in 2007, in the manner provided herein: Provided further,
    That balances from amounts previously appropriated under the heading
    ``State Wildlife Grants'' shall be transferred to and merged with this
    appropriation and shall remain available until expended.

                            Administrative Provisions

        Appropriations and funds available to the United States Fish and
    Wildlife Service shall be available for purchase of not to exceed 179
    passenger motor vehicles, of which 161 are for replacement only
    (including 44 for police-type use); repair of damage to public roads
    within and adjacent to reservation areas caused by operations of the
    Service; options for the purchase of land at not to exceed $1 for each
    option; facilities incident to such public recreational uses on
    conservation areas as are consistent with their primary purpose; and
    the maintenance and improvement of aquaria, buildings, and other
    facilities under the jurisdiction of the Service and to which the
    United States has title, and which are used pursuant to law in
    connection with management, and investigation of fish and wildlife
    resources: Provided, That notwithstanding 44 U.S.C. 501, the Service
    may, under cooperative cost sharing and partnership arrangements
    authorized by law, procure printing services from cooperators in
    connection with jointly produced publications for which the cooperators
    share at least one-half the cost of printing either in cash or services
    and the Service determines the cooperator is capable of meeting
    accepted quality standards: Provided further, That, notwithstanding any
    other provision of law, the Service may use up to $2,000,000 from funds
    provided for contracts for employment-related legal services: Provided
    further, That the Service may accept donated aircraft as replacements
    for existing aircraft: Provided further, That, notwithstanding any
    other provision of law, the Secretary of the Interior may not spend any
    of the funds appropriated in this Act for the purchase of lands or
    interests in lands to be used in the establishment of any new unit of
    the National Wildlife Refuge System unless the purchase is approved in
    advance by the House and Senate Committees on Appropriations in
    compliance with the reprogramming procedures contained in House Report
    108-330.

                             National Park Service

                      Operation of the National Park System

        For expenses necessary for the management, operation, and
    maintenance of areas and facilities administered by the National Park
    Service (including special road maintenance service to trucking
    permittees on a reimbursable basis), and for the general administration
    of the National Park Service, $1,707,282,000, of which $10,708,000 is
    for planning and interagency coordination in support of Everglades
    restoration and shall remain available until expended; of which
    $96,440,000 is for maintenance, repair or rehabilitation projects for
    constructed assets, operation of the National Park Service automated
    facility management software system, and comprehensive facility
    condition assessments; and of which $2,000,000 is for the Youth
    Conservation Corps for high priority projects: Provided, That the only
    funds in this account which may be made available to support United
    States Park Police are those funds approved for emergency law and order
    incidents pursuant to established National Park Service procedures,
    those funds needed to maintain and repair United States Park Police
    administrative facilities, and those funds necessary to reimburse the
    United States Park Police account for the unbudgeted overtime and
    travel costs associated with special events for an amount not to exceed
    $10,000 per event subject to the review and concurrence of the
    Washington headquarters office.

                            United States Park Police

        For expenses necessary to carry out the programs of the United
    States Park Police, $81,204,000.

                       National Recreation and Preservation

        For expenses necessary to carry out recreation programs, natural
    programs, cultural programs, heritage partnership programs,
    environmental compliance and review, international park affairs,
    statutory or contractual aid for other activities, and grant
    administration, not otherwise provided for, $61,832,000: Provided, That
    $700,000 from the Statutory and Contractual Aid Account shall be
    provided to the City of Tacoma, Washington for the purpose of
    conducting a feasibility study for the Train to the Mountain project:
    Provided further, That none of the funds in this Act for the River,
    Trails and Conservation Assistance program may be used for cash
    agreements, or for cooperative agreements that are inconsistent with
    the program's final strategic plan: Provided further, That
    notwithstanding section 8(b) of Public Law 102-543 (16 U.S.C. 410yy-
    8(b)), amounts made available under this heading to the Keweenaw
    National Historical Park shall be matched on not less than a 1-to-1
    basis by non-Federal funds.

                            Historic Preservation Fund

        For expenses necessary in carrying out the Historic Preservation
    Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and
    Public Lands Management Act of 1996 (Public Law 104-333), $72,750,000,
    to be derived from the Historic Preservation Fund, to remain available
    until September 30, 2006, of which $30,000,000 shall be for Save
    America's Treasures for preservation of nationally significant sites,
    structures, and artifacts: Provided, That any individual Save America's
    Treasures grant shall be matched by non-Federal funds: Provided
    further, That individual projects shall only be eligible for one grant:
    Provided further, That all projects to be funded shall be approved by
    the Secretary of the Interior in consultation with the House and Senate
    Committees on Appropriations and the President's Committee on the Arts
    and Humanities prior to the commitment of Save America's Treasures
    grant funds: Provided further, That Save America's Treasures funds
    allocated for Federal projects, following approval, shall be available
    by transfer to appropriate accounts of individual agencies: Provided
    further, That hereinafter and notwithstanding 20 U.S.C. 951 et seq. the
    National Endowment for the Arts may award Save America's Treasures
    grants based upon the recommendations of the Save America's Treasures
    grant selection panel convened by the President's Committee on the Arts
    and the Humanities and the National Park Service.

                                   construction

        For construction, improvements, repair or replacement of physical
    facilities, including the modifications authorized by section 104 of
    the Everglades National Park Protection and Expansion Act of 1989,
    $307,362,000, to remain available until expended, of which $500,000 for
    the L.Q.C. Lamar House National Historic Landmark shall be derived from
    the Historic Preservation Fund pursuant to 16 U.S.C. 470a: Provided,
    That none of the funds available to the National Park Service may be
    used to plan, design, or construct any partnership project with a total
    value in excess of $5,000,000, without advance approval of the House
    and Senate Committees on Appropriations: Provided further, That,
    notwithstanding any other provision of law, the National Park Service
    may not accept donations or services associated with the planning,
    design, or construction of such new facilities without advance approval
    of the House and Senate Committees on Appropriations: Provided further,
    That these restrictions do not apply to the Flight 93 Memorial:
    Provided further, That funds provided under this heading for
    implementation of modified water deliveries to Everglades National Park
    shall be expended consistent with the requirements of the fifth proviso
    under this heading in Public Law 108-108: Provided further, That none
    of the funds provided in this or any other Act may be used for
    planning, design, or construction of any underground security screening
    or visitor contact facility at the Washington Monument until such
    facility has been approved in writing by the House and Senate
    Committees on Appropriations: Provided further, That the National Park
    Service may use funds provided herein to construct a parking lot and
    connecting trail on leased, non-Federal land in order to accommodate
    visitor use of the Old Rag Mountain Trail at Shenandoah National Park,
    and may for the duration of such lease use any funds available to the
    Service for the maintenance of the parking lot and connecting trail.

                         Land and Water Conservation Fund

                                   (rescission)

        The contract authority provided for fiscal year 2005 by 16 U.S.C.
    460l-10a are rescinded.

                      Land Acquisition and State Assistance

                          (including transfer of funds)

        For expenses necessary to carry out the Land and Water Conservation
    Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for acquisition of lands or waters, or
    interest therein, in accordance with the statutory authority applicable
    to the National Park Service, $148,411,000, to be derived from the Land
    and Water Conservation Fund and to remain available until expended, of
    which $92,500,000 is for the State assistance program including
    $1,500,000 to administer this program: Provided, That none of the funds
    provided for the State assistance program may be used to establish a
    contingency fund: Provided further, That in lieu of State assistance
    program indirect costs (as described in OMB Circular A-87), not to
    exceed 5 percent of apportionments under the State assistance program
    may be used by States, the District of Columbia, and insular areas to
    support program administrative costs: Provided further, That $250,000
    of the amount provided under this heading for civil war battlefield
    protection shall be available for transfer to the ``National Recreation
    and Preservation'' account.

                            ADMINISTRATIVE PROVISIONS

        Appropriations for the National Park Service shall be available for
    the purchase of not to exceed 249 passenger motor vehicles, of which
    202 shall be for replacement only, including not to exceed 193 for
    police-type use, 10 buses, and 8 ambulances: Provided, That none of the
    funds appropriated to the National Park Service may be used to process
    any grant or contract documents which do not include the text of 18
    U.S.C. 1913: Provided further, That none of the funds appropriated to
    the National Park Service may be used to implement an agreement for the
    redevelopment of the southern end of Ellis Island until such agreement
    has been submitted to the Congress and shall not be implemented prior
    to the expiration of 30 calendar days (not including any day in which
    either House of Congress is not in session because of adjournment of
    more than 3 calendar days to a day certain) from the receipt by the
    Speaker of the House of Representatives and the President of the Senate
    of a full and comprehensive report on the development of the southern
    end of Ellis Island, including the facts and circumstances relied upon
    in support of the proposed project: Provided further, That
    appropriations available to the National Park Service may be used to
    maintain the following areas in Washington, District of Columbia:
    Jackson Place, Madison Place, and Pennsylvania Avenue between 15th and
    17th Streets, Northwest.
        None of the funds in this Act may be spent by the National Park
    Service for activities taken in direct response to the United Nations
    Biodiversity Convention.
        The National Park Service may distribute to operating units based
    on the safety record of each unit the costs of programs designed to
    improve workplace and employee safety, and to encourage employees
    receiving workers' compensation benefits pursuant to chapter 81 of
    title 5, United States Code, to return to appropriate positions for
    which they are medically able.
        Notwithstanding any other provision of law, in fiscal year 2005,
    with respect to the administration of the National Park Service park
    pass program by the National Park Foundation, the Secretary may pay to
    the Foundation administrative funds expected to be received in that
    fiscal year before the revenues are collected, so long as total
    payments in the administrative account do not exceed total revenue
    collected and deposited in that account by the end of the fiscal year.
        If the Secretary of the Interior considers the decision of any
    value determination proceeding conducted under a National Park Service
    concession contract issued prior to November 13, 1998, to misinterpret
    or misapply relevant contractual requirements or their underlying legal
    authority, the Secretary may seek, within 180 days of any such
    decision, the de novo review of the value determination by the United
    States Court of Federal Claims, and that court may make an order
    affirming, vacating, modifying or correcting the determination.
        In addition to other uses set forth in section 407(d) of Public Law
    105-391, franchise fees credited to a sub-account shall be available
    for expenditure by the Secretary, without further appropriation, for
    use at any unit within the National Park System to extinguish or reduce
    liability for Possessory Interest or leasehold surrender interest. Such
    funds may only be used for this purpose to the extent that the
    benefiting unit anticipated franchise fee receipts over the term of the
    contract at that unit exceed the amount of funds used to extinguish or
    reduce liability. Franchise fees at the benefiting unit shall be
    credited to the sub-account of the originating unit over a period not
    to exceed the term of a single contract at the benefiting unit, in the
    amount of funds so expended to extinguish or reduce liability.

                        United States Geological Survey

                      Surveys, Investigations, and Research

        For expenses necessary for the United States Geological Survey to
    perform surveys, investigations, and research covering topography,
    geology, hydrology, biology, and the mineral and water resources of the
    United States, its territories and possessions, and other areas as
    authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
    mineral and water resources; give engineering supervision to power
    permittees and Federal Energy Regulatory Commission licensees;
    administer the minerals exploration program (30 U.S.C. 641); and
    publish and disseminate data relative to the foregoing activities; and
    to conduct inquiries into the economic conditions affecting mining and
    materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
    98g(1)) and related purposes as authorized by law and to publish and
    disseminate data; $948,921,000, of which $63,262,000 shall be available
    only for cooperation with States or municipalities for water resources
    investigations; and of which $7,901,000 shall remain available until
    expended for satellite operations; and of which $21,971,000 shall be
    available until September 30, 2006, for the operation and maintenance
    of facilities and deferred maintenance; and of which $1,600,000 shall
    be available until expended for deferred maintenance and capital
    improvement projects that exceed $100,000 in cost; and of which
    $174,219,000 shall be available until September 30, 2006, for the
    biological research activity and the operation of the Cooperative
    Research Units: Provided, That none of the funds provided for the
    biological research activity shall be used to conduct new surveys on
    private property, unless specifically authorized in writing by the
    property owner: Provided further, That no part of this appropriation
    shall be used to pay more than one-half the cost of topographic mapping
    or water resources data collection and investigations carried on in
    cooperation with States and municipalities.

                            ADMINISTRATIVE PROVISIONS

        The amount appropriated for the United States Geological Survey
    shall be available for the purchase and replacement of passenger motor
    vehicles; reimbursement to the General Services Administration for
    security guard services; contracting for the furnishing of topographic
    maps and for the making of geophysical or other specialized surveys
    when it is administratively determined that such procedures are in the
    public interest; construction and maintenance of necessary buildings
    and appurtenant facilities; acquisition of lands for gauging stations
    and observation wells; expenses of the United States National Committee
    on Geology; and payment of compensation and expenses of persons on the
    rolls of the Survey duly appointed to represent the United States in
    the negotiation and administration of interstate compacts: Provided,
    That activities funded by appropriations herein made may be
    accomplished through the use of contracts, grants, or cooperative
    agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That
    the United States Geological Survey may enter into contracts or
    cooperative agreements directly with individuals or indirectly with
    institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
    for the temporary or intermittent services of students or recent
    graduates, who shall be considered employees for the purpose of
    chapters 57 and 81 of title 5, United States Code, relating to
    compensation for travel and work injuries, and chapter 171 of title 28,
    United States Code, relating to tort claims, but shall not be
    considered to be Federal employees for any other purposes.

                          Minerals Management Service

                     Royalty and Offshore Minerals Management

        For expenses necessary for minerals leasing and environmental
    studies, regulation of industry operations, and collection of
    royalties, as authorized by law; for enforcing laws and regulations
    applicable to oil, gas, and other minerals leases, permits, licenses
    and operating contracts; and for matching grants or cooperative
    agreements; including the purchase of not to exceed eight passenger
    motor vehicles for replacement only, $169,175,000, of which $76,106,000
    shall be available for royalty management activities; and an amount not
    to exceed $103,730,000, to be credited to this appropriation and to
    remain available until expended, from additions to receipts resulting
    from increases to rates in effect on August 5, 1993, from rate
    increases to fee collections for Outer Continental Shelf administrative
    activities performed by the Minerals Management Service (MMS) over and
    above the rates in effect on September 30, 1993, and from additional
    fees for Outer Continental Shelf administrative activities established
    after September 30, 1993: Provided, That to the extent $103,730,000 in
    additions to receipts are not realized from the sources of receipts
    stated above, the amount needed to reach $103,730,000 shall be credited
    to this appropriation from receipts resulting from rental rates for
    Outer Continental Shelf leases in effect before August 5, 1993:
    Provided further, That $3,000,000 for computer acquisitions shall
    remain available until September 30, 2006: Provided further, That funds
    appropriated under this Act shall be available for the payment of
    interest in accordance with 30 U.S.C. 1721(b) and (d): Provided
    further, That not to exceed $3,000 shall be available for reasonable
    expenses related to promoting volunteer beach and marine cleanup
    activities: Provided further, That notwithstanding any other provision
    of law, $15,000 under this heading shall be available for refunds of
    overpayments in connection with certain Indian leases in which the
    Director of MMS concurred with the claimed refund due, to pay amounts
    owed to Indian allottees or tribes, or to correct prior unrecoverable
    erroneous payments: Provided further, That MMS may under the royalty-
    in-kind program, or under its authority to transfer oil to the
    Strategic Petroleum Reserve, use a portion of the revenues from
    royalty-in-kind sales, without regard to fiscal year limitation, to pay
    for transportation to wholesale market centers or upstream pooling
    points, to process or otherwise dispose of royalty production taken in
    kind, and to recover MMS transportation costs, salaries, and other
    administrative costs directly related to the royalty-in-kind program:
    Provided further, That MMS shall analyze and document the expected
    return in advance of any royalty-in-kind sales to assure to the maximum
    extent practicable that royalty income under the pilot program is equal
    to or greater than royalty income recognized under a comparable
    royalty-in-value program: Provided further, That in fiscal year 2005
    and thereafter, notwithstanding 30 U.S.C. 191(a) and 43 U.S.C. 1338,
    the Secretary shall pay amounts owed to States under the provision of
    30 U.S.C. 1721(b) from amounts received as current receipts from
    bonuses, royalties, interest collected from lessees and designees, and
    rentals of the public lands and the outer continental shelf under
    provisions of the Mineral Leasing Act (30 U.S.C. 181 et seq.), and the
    Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), which are
    not payable to a State or the Reclamation Fund.

                                Oil Spill Research

        For necessary expenses to carry out title I, section 1016, title
    IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
    the Oil Pollution Act of 1990, $7,105,000, which shall be derived from
    the Oil Spill Liability Trust Fund, to remain available until expended.

              Office of Surface Mining Reclamation and Enforcement

                            Regulation and Technology

        For necessary expenses to carry out the provisions of the Surface
    Mining Control and Reclamation Act of 1977, Public Law 95-87, as
    amended, including the purchase of not to exceed 10 passenger motor
    vehicles, for replacement only; $109,805,000: Provided, That the
    Secretary of the Interior, pursuant to regulations, may use directly or
    through grants to States, moneys collected in fiscal year 2005 for
    civil penalties assessed under section 518 of the Surface Mining
    Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands
    adversely affected by coal mining practices after August 3, 1977, to
    remain available until expended: Provided further, That appropriations
    for the Office of Surface Mining Reclamation and Enforcement may
    provide for the travel and per diem expenses of State and tribal
    personnel attending Office of Surface Mining Reclamation and
    Enforcement sponsored training.

                         Abandoned Mine Reclamation fund

        For necessary expenses to carry out title IV of the Surface Mining
    Control and Reclamation Act of 1977, Public Law 95-87, as amended,
    including the purchase of not more than 10 passenger motor vehicles for
    replacement only, $190,863,000, to be derived from receipts of the
    Abandoned Mine Reclamation Fund and to remain available until expended;
    of which up to $10,000,000, to be derived from the Federal Expenses
    Share of the Fund, shall be for supplemental grants to States for the
    reclamation of abandoned sites with acid mine rock drainage from coal
    mines, and for associated activities, through the Appalachian Clean
    Streams Initiative: Provided, That grants to minimum program States
    will be $1,500,000 per State in fiscal year 2005: Provided further,
    That pursuant to Public Law 97-365, the Department of the Interior is
    authorized to use up to 20 percent from the recovery of the delinquent
    debt owed to the United States Government to pay for contracts to
    collect these debts: Provided further, That funds made available under
    title IV of Public Law 95-87 may be used for any required non-Federal
    share of the cost of projects funded by the Federal Government for the
    purpose of environmental restoration related to treatment or abatement
    of acid mine drainage from abandoned mines: Provided further, That such
    projects must be consistent with the purposes and priorities of the
    Surface Mining Control and Reclamation Act: Provided further, That the
    State of Maryland may set aside the greater of $1,000,000 or 10 percent
    of the total of the grants made available to the State under title IV
    of the Surface Mining Control and Reclamation Act of 1977, as amended
    (30 U.S.C. 1231 et seq.), if the amount set aside is deposited in an
    acid mine drainage abatement and treatment fund established under a
    State law, pursuant to which law the amount (together with all interest
    earned on the amount) is expended by the State to undertake acid mine
    drainage abatement and treatment projects, except that before any
    amounts greater than 10 percent of its title IV grants are deposited in
    an acid mine drainage abatement and treatment fund, the State of
    Maryland must first complete all Surface Mining Control and Reclamation
    Act priority one projects: Provided further, That amounts provided
    under this heading may be used for the travel and per diem expenses of
    State and tribal personnel attending Office of Surface Mining
    Reclamation and Enforcement sponsored training.

                             Administrative Provision

        With funds available for the Technical Innovation and Professional
    Services program in this Act, the Secretary may transfer title for
    computer hardware, software and other technical equipment to State and
    Tribal regulatory and reclamation programs.

                            Bureau of Indian Affairs

                           Operation of Indian Programs

        For expenses necessary for the operation of Indian programs, as
    authorized by law, including the Snyder Act of November 2, 1921 (25
    U.S.C. 13), the Indian Self-Determination and Education Assistance Act
    of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments
    of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act
    of 1988 (25 U.S.C. 2501 et seq.), as amended, $1,955,047,000, to remain
    available until September 30, 2006 except as otherwise provided herein,
    of which not to exceed $87,638,000 shall be for welfare assistance
    payments and notwithstanding any other provision of law, including but
    not limited to the Indian Self-Determination Act of 1975, as amended,
    not to exceed $136,314,000 shall be available for payments to tribes
    and tribal organizations for contract support costs associated with
    ongoing contracts, grants, compacts, or annual funding agreements
    entered into with the Bureau prior to or during fiscal year 2005, as
    authorized by such Act, except that tribes and tribal organizations may
    use their tribal priority allocations for unmet indirect costs of
    ongoing contracts, grants, or compacts, or annual funding agreements
    and for unmet welfare assistance costs; and of which not to exceed
    $456,057,000 for school operations costs of Bureau-funded schools and
    other education programs shall become available on July 1, 2005, and
    shall remain available until September 30, 2006; and of which not to
    exceed $61,801,000 shall remain available until expended for housing
    improvement, road maintenance, attorney fees, litigation support, the
    Indian Self-Determination Fund, land records improvement, and the
    Navajo-Hopi Settlement Program: Provided, That notwithstanding any
    other provision of law, including but not limited to the Indian Self-
    Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
    exceed $45,348,000 within and only from such amounts made available for
    school operations shall be available to tribes and tribal organizations
    for administrative cost grants associated with ongoing grants entered
    into with the Bureau prior to or during fiscal year 2004 for the
    operation of Bureau-funded schools, and up to $1,000,000 within and
    only from such amounts made available for school operations shall be
    available for the transitional costs of initial administrative cost
    grants to tribes and tribal organizations that enter into grants for
    the operation on or after July 1, 2004, of Bureau-operated schools:
    Provided further, That any forestry funds allocated to a tribe which
    remain unobligated as of September 30, 2006, may be transferred during
    fiscal year 2007 to an Indian forest land assistance account
    established for the benefit of such tribe within the tribe's trust fund
    account: Provided further, That any such unobligated balances not so
    transferred shall expire on September 30, 2007.

                                   Construction

        For construction, repair, improvement, and maintenance of
    irrigation and power systems, buildings, utilities, and other
    facilities, including architectural and engineering services by
    contract; acquisition of lands, and interests in lands; and preparation
    of lands for farming, and for construction of the Navajo Indian
    Irrigation Project pursuant to Public Law 87-483, $323,626,000, to
    remain available until expended: Provided, That such amounts as may be
    available for the construction of the Navajo Indian Irrigation Project
    may be transferred to the Bureau of Reclamation: Provided further, That
    not to exceed 6 percent of contract authority available to the Bureau
    of Indian Affairs from the Federal Highway Trust Fund may be used to
    cover the road program management costs of the Bureau: Provided
    further, That any funds provided for the Safety of Dams program
    pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable
    basis: Provided further, That for fiscal year 2005, in implementing new
    construction or facilities improvement and repair project grants in
    excess of $100,000 that are provided to tribally controlled grant
    schools under Public Law 100-297, as amended, the Secretary of the
    Interior shall use the Administrative and Audit Requirements and Cost
    Principles for Assistance Programs contained in 43 CFR part 12 as the
    regulatory requirements: Provided further, That such grants shall not
    be subject to section 12.61 of 43 CFR; the Secretary and the grantee
    shall negotiate and determine a schedule of payments for the work to be
    performed: Provided further, That in considering applications, the
    Secretary shall consider whether the Indian tribe or tribal
    organization would be deficient in assuring that the construction
    projects conform to applicable building standards and codes and
    Federal, tribal, or State health and safety standards as required by 25
    U.S.C. 2005(b), with respect to organizational and financial management
    capabilities: Provided further, That if the Secretary declines an
    application, the Secretary shall follow the requirements contained in
    25 U.S.C. 2504(f): Provided further, That any disputes between the
    Secretary and any grantee concerning a grant shall be subject to the
    disputes provision in 25 U.S.C. 2507(e): Provided further, That in
    order to ensure timely completion of replacement school construction
    projects, the Secretary may assume control of a project and all funds
    related to the project, if, within eighteen months of the date of
    enactment of this Act, any tribe or tribal organization receiving funds
    appropriated in this Act or in any prior Act, has not completed the
    planning and design phase of the project and commenced construction of
    the replacement school: Provided further, That, of the funds provided
    for the tribal school demonstration program, notwithstanding the
    provisions of paragraph (b)(1) of section 122 of division F of Public
    Law 108-7, as amended by section 136 of Public Law 108-108, $4,500,000
    is for the Eastern Band of Cherokee education campus at the Ravensford
    tract, $4,000,000 is for the Sac and Fox Meskwaki Settlement school,
    and $4,000,000 is for the Twin Buttes elementary school on the Fort
    Berthold Reservation: Provided further, That this Appropriation may be
    reimbursed from the Office of the Special Trustee for American Indians
    Appropriation for the appropriate share of construction costs for space
    expansion needed in agency offices to meet trust reform implementation.

      Indian Land and Water Claim Settlements and Miscellaneous Payments to
                                    Indians

        For miscellaneous payments to Indian tribes and individuals and for
    necessary administrative expenses, $44,771,000, to remain available
    until expended, for implementation of Indian land and water claim
    settlements pursuant to Public Laws 99-264, 100-580, 101-618, 106-554,
    107-331, and 108-34, and for implementation of other land and water
    rights settlements, of which $10,032,000 shall be available for payment
    to the Quinault Indian Nation pursuant to the terms of the North
    Boundary Settlement Agreement dated July 14, 2000, providing for the
    acquisition of perpetual conservation easements from the Nation.

                      Indian Guaranteed Loan Program Account

        For the cost of guaranteed and insured loans, $6,421,000, of which
    $695,000 is for administrative expenses, as authorized by the Indian
    Financing Act of 1974, as amended: Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974: Provided further, That these
    funds are available to subsidize total loan principal, any part of
    which is to be guaranteed, not to exceed $84,699,000.

                            Administrative Provisions

        The Bureau of Indian Affairs may carry out the operation of Indian
    programs by direct expenditure, contracts, cooperative agreements,
    compacts and grants, either directly or in cooperation with States and
    other organizations.
        Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
    contract for services in support of the management, operation, and
    maintenance of the Power Division of the San Carlos Irrigation Project.
        Appropriations for the Bureau of Indian Affairs (except the
    revolving fund for loans, the Indian loan guarantee and insurance fund,
    and the Indian Guaranteed Loan Program account) shall be available for
    expenses of exhibits, and purchase of not to exceed 229 passenger motor
    vehicles, of which not to exceed 187 shall be for replacement only.
        Notwithstanding any other provision of law, no funds available to
    the Bureau of Indian Affairs for central office operations or pooled
    overhead general administration (except facilities operations and
    maintenance) shall be available for tribal contracts, grants, compacts,
    or cooperative agreements with the Bureau of Indian Affairs under the
    provisions of the Indian Self-Determination Act or the Tribal Self-
    Governance Act of 1994 (Public Law 103-413).
        In the event any tribe returns appropriations made available by
    this Act to the Bureau of Indian Affairs for distribution to other
    tribes, this action shall not diminish the Federal Government's trust
    responsibility to that tribe, or the government-to-government
    relationship between the United States and that tribe, or that tribe's
    ability to access future appropriations.
        Notwithstanding any other provision of law, no funds available to
    the Bureau, other than the amounts provided herein for assistance to
    public schools under 25 U.S.C. 452 et seq., shall be available to
    support the operation of any elementary or secondary school in the
    State of Alaska.
        Appropriations made available in this or any other Act for schools
    funded by the Bureau shall be available only to the schools in the
    Bureau school system as of September 1, 1996. No funds available to the
    Bureau shall be used to support expanded grades for any school or
    dormitory beyond the grade structure in place or approved by the
    Secretary of the Interior at each school in the Bureau school system as
    of October 1, 1995. Funds made available under this Act may not be used
    to establish a charter school at a Bureau-funded school (as that term
    is defined in section 1146 of the Education Amendments of 1978 (25
    U.S.C. 2026)), except that a charter school that is in existence on the
    date of the enactment of this Act and that has operated at a Bureau-
    funded school before September 1, 1999, may continue to operate during
    that period, but only if the charter school pays to the Bureau a pro
    rata share of funds to reimburse the Bureau for the use of the real and
    personal property (including buses and vans), the funds of the charter
    school are kept separate and apart from Bureau funds, and the Bureau
    does not assume any obligation for charter school programs of the State
    in which the school is located if the charter school loses such
    funding. Employees of Bureau-funded schools sharing a campus with a
    charter school and performing functions related to the charter school's
    operation and employees of a charter school shall not be treated as
    Federal employees for purposes of chapter 171 of title 28, United
    States Code.
        Notwithstanding any other provision of law, including section 113
    of title I of appendix C of Public Law 106-113, if a tribe or tribal
    organization in fiscal year 2003 or 2004 received indirect and
    administrative costs pursuant to a distribution formula based on
    section 5(f) of Public Law 101-301, the Secretary shall continue to
    distribute indirect and administrative cost funds to such tribe or
    tribal organization using the section 5(f) distribution formula.

                              Departmental Offices

                                Insular Affairs

                            Assistance to Territories

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior, $76,255,000, of which:
    (1) $69,682,000 shall be available until expended for technical
    assistance, including maintenance assistance, disaster assistance,
    insular management controls, coral reef initiative activities, and
    brown tree snake control and research; grants to the judiciary in
    American Samoa for compensation and expenses, as authorized by law (48
    U.S.C. 1661(c)); grants to the Government of American Samoa, in
    addition to current local revenues, for construction and support of
    governmental functions; grants to the Government of the Virgin Islands
    as authorized by law; grants to the Government of Guam, as authorized
    by law; and grants to the Government of the Northern Mariana Islands as
    authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $6,563,000
    shall be available for salaries and expenses of the Office of Insular
    Affairs: Provided, That all financial transactions of the territorial
    and local governments herein provided for, including such transactions
    of all agencies or instrumentalities established or used by such
    governments, may be audited by the Government Accountability Office, at
    its discretion, in accordance with chapter 35 of title 31, United
    States Code: Provided further, That Northern Mariana Islands Covenant
    grant funding shall be provided according to those terms of the
    Agreement of the Special Representatives on Future United States
    Financial Assistance for the Northern Mariana Islands approved by
    Public Law 104-134: Provided further, That of the amounts provided for
    technical assistance, sufficient funds shall be made available for a
    grant to the Pacific Basin Development Council: Provided further, That
    of the amounts provided for technical assistance, sufficient funding
    shall be made available for a grant to the Close Up Foundation:
    Provided further, That the funds for the program of operations and
    maintenance improvement are appropriated to institutionalize routine
    operations and maintenance improvement of capital infrastructure with
    territorial participation and cost sharing to be determined by the
    Secretary based on the grantee's commitment to timely maintenance of
    its capital assets: Provided further, That any appropriation for
    disaster assistance under this heading in this Act or previous
    appropriations Acts may be used as non-Federal matching funds for the
    purpose of hazard mitigation grants provided pursuant to section 404 of
    the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5170c).

                           Compact of Free Association

        For grants and necessary expenses, $5,499,000, as provided for in
    sections 221(a)(2), 221(b), and 233 of the Compact of Free Association
    for the Republic of Palau as authorized by Public Law 99-658; Public
    Law 108-188; and section 221(a)(2) of the Compacts of Free Association
    and their related agreements between the Government of the United
    States and the Government of the Republic of the Marshall Islands, and
    the Government of the United States of the Federated States of
    Micronesia, respectively, as amended.

                            Departmental Management

                              Salaries and Expenses

                          (including transfer of funds)

        For necessary expenses for management of the Department of the
    Interior, $90,855,000, of which not to exceed $8,500 may be for
    official reception and representation expenses, of which up to
    $1,000,000 shall be available for workers compensation payments and
    unemployment compensation payments associated with the orderly closure
    of the United States Bureau of Mines, and of which $14,250,000 shall
    remain available until expended for a departmental financial and
    business management system: Provided, That of the funds provided for a
    departmental financial and business management system, $13,500,000
    shall be derived by transfer from unobligated balances in the ``Central
    Hazardous Materials Fund'': Provided further, That none of the funds in
    this or previous appropriations Acts may be used to establish any
    additional reserves in the Working Capital Fund account other than the
    two authorized reserves without prior approval of the House and Senate
    Committees on Appropriations: Provided further, That amounts otherwise
    appropriated by this Act for motor vehicle lease, purchase or service
    costs at the Department of the Interior are reduced by $3,000,000 and,
    not later than 30 days after the date of the enactment of this Act, the
    Director of the Office of Management and Budget shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a listing of the amounts by account of the reductions made
    pursuant to this proviso.

                            Payments in Lieu of Taxes

        For expenses necessary to implement the Act of October 20, 1976, as
    amended (31 U.S.C. 6901-6907), $230,000,000, of which not to exceed
    $400,000 shall be available for administrative expenses: Provided, That
    no payment shall be made to otherwise eligible units of local
    government if the computed amount of the payment is less than $100.

                            Office of the Solicitor

                              Salaries and Expenses

        For necessary expenses of the Office of the Solicitor, $52,384,000.

                          Office of Inspector General

                              Salaries and Expenses

        For necessary expenses of the Office of Inspector General,
    $37,800,000.

                 Office of Special Trustee for American Indians

                              Federal Trust Programs

        For the operation of trust programs for Indians by direct
    expenditure, contracts, cooperative agreements, compacts, and grants,
    $196,267,000, to remain available until expended, of which not to
    exceed $58,000,000 shall be available for historical accounting:
    Provided, That funds for trust management improvements and litigation
    support may, as needed, be transferred to or merged with the Bureau of
    Indian Affairs, ``Operation of Indian Programs'' account; the Office of
    the Solicitor, ``Salaries and Expenses'' account; and the Departmental
    Management, ``Salaries and Expenses'' account: Provided further, That
    funds made available to Tribes and Tribal organizations through
    contracts or grants obligated during fiscal year 2005, as authorized by
    the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.),
    shall remain available until expended by the contractor or grantee:
    Provided further, That, notwithstanding any other provision of law, the
    statute of limitations shall not commence to run on any claim,
    including any claim in litigation pending on the date of the enactment
    of this Act, concerning losses to or mismanagement of trust funds,
    until the affected tribe or individual Indian has been furnished with
    an accounting of such funds from which the beneficiary can determine
    whether there has been a loss: Provided further, That, notwithstanding
    any other provision of law, the Secretary shall not be required to
    provide a quarterly statement of performance for any Indian trust
    account that has not had activity for at least 18 months and has a
    balance of $1.00 or less: Provided further, That the Secretary shall
    issue an annual account statement and maintain a record of any such
    accounts and shall permit the balance in each such account to be
    withdrawn upon the express written request of the account holder:
    Provided further, That, not to exceed $50,000, is available for the
    Secretary to make payments to correct administrative errors of either
    disbursements from or deposits to Individual Indian Money or Tribal
    accounts after September 30, 2002: Provided further, That erroneous
    payments that are recovered shall be credited to and remain available
    in this account for this purpose.

                            Indian Land Consolidation

        For consolidation of fractional interests in Indian lands and
    expenses associated with redetermining and redistributing escheated
    interests in allotted lands, and for necessary expenses to carry out
    the Indian Land Consolidation Act of 1983, as amended, by direct
    expenditure or cooperative agreement, $35,000,000, to remain available
    until expended, and which may be transferred to the Bureau of Indian
    Affairs and Departmental Management accounts: Provided, That funds
    provided under this heading may be expended pursuant to the authorities
    contained in the provisos under the heading ``Office of Special Trustee
    for American Indians, Indian Land Consolidation'' of the Interior and
    Related Agencies Appropriations Act, 2001 (Public Law 106-291).

               Natural Resource Damage Assessment and Restoration

                     Natural Resource Damage Assessment Fund

        To conduct natural resource damage assessment and restoration
    activities by the Department of the Interior necessary to carry out the
    provisions of the Comprehensive Environmental Response, Compensation,
    and Liability Act, as amended (42 U.S.C. 9601 et seq.), Federal Water
    Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the Oil
    Pollution Act of 1990 (Public Law 101-380) (33 U.S.C. 2701 et seq.),
    and Public Law 101-337, as amended (16 U.S.C. 19jj et seq.),
    $5,818,000, to remain available until expended.

                            Administrative Provisions

        There is hereby authorized for acquisition from available resources
    within the Working Capital Fund, 15 aircraft, 10 of which shall be for
    replacement and which may be obtained by donation, purchase or through
    available excess surplus property: Provided, That existing aircraft
    being replaced may be sold, with proceeds derived or trade-in value
    used to offset the purchase price for the replacement aircraft:
    Provided further, That no programs funded with appropriated funds in
    the ``Departmental Management'', ``Office of the Solicitor'', and
    ``Office of Inspector General'' may be augmented through the Working
    Capital Fund: Provided further, That the annual budget justification
    for Departmental Management shall describe estimated Working Capital
    Fund charges to bureaus and offices, including the methodology on which
    charges are based: Provided further, That departures from the Working
    Capital Fund estimates contained in the Departmental Management budget
    justification shall be presented to the Committees on Appropriations
    for approval: Provided further, That the Secretary shall provide a
    semi-annual report to the Committees on Appropriations on reimbursable
    support agreements between the Office of the Secretary and the National
    Business Center and the bureaus and offices of the Department,
    including the amounts billed pursuant to such agreements.

                 General Provisions, Department of the Interior

        Sec. 101. Appropriations made in this title shall be available for
    expenditure or transfer (within each bureau or office), with the
    approval of the Secretary, for the emergency reconstruction,
    replacement, or repair of aircraft, buildings, utilities, or other
    facilities or equipment damaged or destroyed by fire, flood, storm, or
    other unavoidable causes: Provided, That no funds shall be made
    available under this authority until funds specifically made available
    to the Department of the Interior for emergencies shall have been
    exhausted: Provided further, That all funds used pursuant to this
    section are hereby designated as an emergency requirement pursuant to
    section 402 of S. Con. Res. 95 (108th Congress), as made applicable to
    the House of Representatives by H. Res. 649 (108th Congress) and
    applicable to the Senate by section 14007 of Public Law 108-287, and
    must be replenished by a supplemental appropriation which must be
    requested as promptly as possible.
        Sec. 102. The Secretary may authorize the expenditure or transfer
    of any no year appropriation in this title, in addition to the amounts
    included in the budget programs of the several agencies, for the
    suppression or emergency prevention of wildland fires on or threatening
    lands under the jurisdiction of the Department of the Interior; for the
    emergency rehabilitation of burned-over lands under its jurisdiction;
    for emergency actions related to potential or actual earthquakes,
    floods, volcanoes, storms, or other unavoidable causes; for contingency
    planning subsequent to actual oil spills; for response and natural
    resource damage assessment activities related to actual oil spills; for
    the prevention, suppression, and control of actual or potential
    grasshopper and Mormon cricket outbreaks on lands under the
    jurisdiction of the Secretary, pursuant to the authority in section
    1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
    projects under section 410 of Public Law 95-87; and shall transfer,
    from any no year funds available to the Office of Surface Mining
    Reclamation and Enforcement, such funds as may be necessary to permit
    assumption of regulatory authority in the event a primacy State is not
    carrying out the regulatory provisions of the Surface Mining Act:
    Provided, That appropriations made in this title for wildland fire
    operations shall be available for the payment of obligations incurred
    during the preceding fiscal year, and for reimbursement to other
    Federal agencies for destruction of vehicles, aircraft, or other
    equipment in connection with their use for wildland fire operations,
    such reimbursement to be credited to appropriations currently available
    at the time of receipt thereof: Provided further, That for wildland
    fire operations, no funds shall be made available under this authority
    until the Secretary determines that funds appropriated for ``wildland
    fire operations'' shall be exhausted within 30 days: Provided further,
    That all funds used pursuant to this section are hereby designated as
    an emergency requirement pursuant to section 402 of S. Con. Res. 95
    (108th Congress), as made applicable to the House of Representatives by
    H. Res. 649 (108th Congress) and applicable to the Senate by section
    14007 of Public Law 108-287, and must be replenished by a supplemental
    appropriation which must be requested as promptly as possible: Provided
    further, That such replenishment funds shall be used to reimburse, on a
    pro rata basis, accounts from which emergency funds were transferred.
        Sec. 103. Appropriations made to the Department of the Interior
    shall hereafter be available for operation of warehouses, garages,
    shops, and similar facilities, wherever consolidation of activities
    will contribute to efficiency or economy, and said appropriations shall
    be reimbursed for services rendered to any other activity in the same
    manner as authorized by sections 1535 and 1536 of title 31, United
    States Code: Provided, That reimbursements for costs and supplies,
    materials, equipment, and for services rendered may be credited to the
    appropriation current at the time such reimbursements are received.
        Sec. 104. Appropriations made to the Department of the Interior in
    this title shall be available for services as authorized by 5 U.S.C.
    3109, when authorized by the Secretary, in total amount not to exceed
    $500,000; hire, maintenance, and operation of aircraft; hire of
    passenger motor vehicles; purchase of reprints; payment for telephone
    service in private residences in the field, when authorized under
    regulations approved by the Secretary; and the payment of dues, when
    authorized by the Secretary, for library membership in societies or
    associations which issue publications to members only or at a price to
    members lower than to subscribers who are not members.
        Sec. 105. Appropriations available to the Department of the
    Interior for salaries and expenses shall hereafter be available for
    uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-
    5902 and D.C. Code 4-204).
        Sec. 106. Annual appropriations made to the Department of the
    Interior shall hereafter be available for obligation in connection with
    contracts issued for services or rentals for periods not in excess of
    12 months beginning at any time during the fiscal year.
        Sec. 107. No funds provided in this title may be expended by the
    Department of the Interior for the conduct of offshore preleasing,
    leasing and related activities placed under restriction in the
    President's moratorium statement of June 12, 1998, in the areas of
    northern, central, and southern California; the North Atlantic;
    Washington and Oregon; and the eastern Gulf of Mexico south of 26
    degrees north latitude and east of 86 degrees west longitude.
        Sec. 108. No funds provided in this title may be expended by the
    Department of the Interior to conduct offshore oil and natural gas
    preleasing, leasing and related activities in the eastern Gulf of
    Mexico planning area for any lands located outside Sale 181, as
    identified in the final Outer Continental Shelf 5-Year Oil and Gas
    Leasing Program, 1997-2002.
        Sec. 109. No funds provided in this title may be expended by the
    Department of the Interior to conduct oil and natural gas preleasing,
    leasing and related activities in the Mid-Atlantic and South Atlantic
    planning areas.
        Sec. 110. Notwithstanding any other provisions of law, the National
    Park Service shall not develop or implement a reduced entrance fee
    program to accommodate non-local travel through a unit. The Secretary
    may provide for and regulate local non-recreational passage through
    units of the National Park System, allowing each unit to develop
    guidelines and permits for such activity appropriate to that unit.
        Sec. 111. Advance payments made by the Department of the Interior
    to Indian tribes, tribal organizations, and tribal consortia pursuant
    to the Indian Self-Determination and Education Assistance Act (25
    U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of 1988 (25
    U.S.C. 2501 et seq.) may hereafter be invested by the Indian tribe,
    tribal organization, or consortium before such funds are expended for
    the purposes of the grant, compact, or annual funding agreement so long
    as such funds are--
            (1) invested by the Indian tribe, tribal organization, or
        consortium only in obligations of the United States, or in
        obligations or securities that are guaranteed or insured by the
        United States, or mutual (or other) funds registered with the
        Securities and Exchange Commission and which only invest in
        obligations of the United States or securities that are guaranteed
        or insured by the United States; or
            (2) deposited only into accounts that are insured by an agency
        or instrumentality of the United States, or are fully
        collateralized to ensure protection of the funds, even in the event
        of a bank failure.
        Sec. 112. Appropriations made in this Act under the headings Bureau
    of Indian Affairs and Office of Special Trustee for American Indians
    and any unobligated balances from prior appropriations Acts made under
    the same headings shall be available for expenditure or transfer for
    Indian trust management and reform activities, except that total
    funding for historical accounting activities shall not exceed amounts
    specifically designated in this Act for such purpose.
        Sec. 113. Notwithstanding any other provision of law, for the
    purpose of reducing the backlog of Indian probate cases in the
    Department of the Interior, the hearing requirements of chapter 10 of
    title 25, United States Code, are deemed satisfied by a proceeding
    conducted by an Indian probate judge, appointed by the Secretary
    without regard to the provisions of title 5, United States Code,
    governing the appointments in the competitive service, for such period
    of time as the Secretary determines necessary: Provided, That the basic
    pay of an Indian probate judge so appointed may be fixed by the
    Secretary without regard to the provisions of chapter 51, and
    subchapter III of chapter 53 of title 5, United States Code, governing
    the classification and pay of General Schedule employees, except that
    no such Indian probate judge may be paid at a level which exceeds the
    maximum rate payable for the highest grade of the General Schedule,
    including locality pay.
        Sec. 114. Notwithstanding any other provision of law, the Secretary
    of the Interior is authorized to redistribute any Tribal Priority
    Allocation funds, including tribal base funds, to alleviate tribal
    funding inequities by transferring funds to address identified, unmet
    needs, dual enrollment, overlapping service areas or inaccurate
    distribution methodologies. No tribe shall receive a reduction in
    Tribal Priority Allocation funds of more than 10 percent in fiscal year
    2005. Under circumstances of dual enrollment, overlapping service areas
    or inaccurate distribution methodologies, the 10 percent limitation
    does not apply.
        Sec. 115. Funds appropriated for the Bureau of Indian Affairs for
    postsecondary schools for fiscal year 2005 shall be allocated among the
    schools proportionate to the unmet need of the schools as determined by
    the Postsecondary Funding Formula adopted by the Office of Indian
    Education Programs.
        Sec. 116. (a) The Secretary of the Interior shall hereafter take
    such action as may be necessary to ensure that the lands comprising the
    Huron Cemetery in Kansas City, Kansas (as described in section 123 of
    Public Law 106-291) are used only in accordance with this section.
        (b) The lands of the Huron Cemetery shall be used only: (1) for
    religious and cultural uses that are compatible with the use of the
    lands as a cemetery; and (2) as a burial ground.
        Sec. 117. Notwithstanding any other provision of law, in conveying
    the Twin Cities Research Center under the authority provided by Public
    Law 104-134, as amended by Public Law 104-208, the Secretary may accept
    and retain land and other forms of reimbursement: Provided, That the
    Secretary may retain and use any such reimbursement until expended and
    without further appropriation: (1) for the benefit of the National
    Wildlife Refuge System within the State of Minnesota; and (2) for all
    activities authorized by Public Law 100-696; 16 U.S.C. 460zz.
        Sec. 118. Notwithstanding 31 U.S.C. 3302(b), sums received by the
    Bureau of Land Management for the sale of seeds or seedlings, may
    hereafter be credited to the appropriation from which funds were
    expended to acquire or grow the seeds or seedlings and are available
    without fiscal year limitation.
        Sec. 119. The Secretary of the Interior may use or contract for the
    use of helicopters or motor vehicles on the Sheldon and Hart National
    Wildlife Refuges for the purpose of capturing and transporting horses
    and burros. The provisions of subsection (a) of the Act of September 8,
    1959 (18 U.S.C. 47(a)) shall not be applicable to such use. Such use
    shall be in accordance with humane procedures prescribed by the
    Secretary.
        Sec. 120. (a) Limitation on Increases in Claims Maintenance and
    Location Fees.--The fees established in 30 U.S.C. 28f and 28g shall be
    equal to the fees in effect immediately prior to the rule of July 1,
    2004 (69 Fed. Reg. 40,294) until the Department of the Interior has
    complied with the obligations established in subsections (b) and (c).
        (b) Establishment of Permit Tracking System.--The Department of the
    Interior shall establish a nationwide tracking system to determine and
    address the length of time from submission of a plan of operations to
    mine on public lands to final approval of such submission.
        (c) Report.--Within 1 year of enactment, the Department shall file
    a detailed report with the House and Senate Committees on
    Appropriations and the Committee on Resources of the House of
    Representatives and the Committee on Energy and Natural Resources of
    the Senate providing detailed information on the length of time it
    takes the Department to approve proposed mining plans of operations and
    recommending steps to reduce current delays.
        Sec. 121. Funds provided in this Act for Federal land acquisition
    by the National Park Service for Shenandoah Valley Battlefields
    National Historic District and Ice Age National Scenic Trail may be
    used for a grant to a State, a local government, or any other land
    management entity for the acquisition of lands without regard to any
    restriction on the use of Federal land acquisition funds provided
    through the Land and Water Conservation Fund Act of 1965 as amended.
        Sec. 122. None of the funds made available by this Act may be
    obligated or expended by the National Park Service to enter into or
    implement a concession contract which permits or requires the removal
    of the underground lunchroom at the Carlsbad Caverns National Park.
        Sec. 123. None of the funds made available in this Act may be used:
    (1) to demolish the bridge between Jersey City, New Jersey, and Ellis
    Island; or (2) to prevent pedestrian use of such bridge, when such
    pedestrian use is consistent with generally accepted safety standards.
        Sec. 124. None of the funds in this or any other Act can be used to
    compensate the Special Master and the Special Master-Monitor, and all
    variations thereto, appointed by the United States District Court for
    the District of Columbia in the Cobell v. Norton litigation at an
    annual rate that exceeds 200 percent of the highest Senior Executive
    Service rate of pay for the Washington-Baltimore locality pay area.
        Sec. 125. The Secretary of the Interior may use discretionary funds
    to pay private attorneys fees and costs for employees and former
    employees of the Department of the Interior reasonably incurred in
    connection with Cobell v. Norton to the extent that such fees and costs
    are not paid by the Department of Justice or by private insurance. In
    no case shall the Secretary make payments under this section that would
    result in payment of hourly fees in excess of the highest hourly rate
    approved by the District Court for the District of Columbia for counsel
    in Cobell v. Norton.
        Sec. 126. The United States Fish and Wildlife Service shall, in
    carrying out its responsibilities to protect threatened and endangered
    species of salmon, implement a system of mass marking of salmonid
    stocks, intended for harvest, that are released from Federally operated
    or Federally financed hatcheries including but not limited to fish
    releases of coho, chinook, and steelhead species. Marked fish must have
    a visible mark that can be readily identified by commercial and
    recreational fishers.
        Sec. 127. Such sums as may be necessary from ``Departmental
    Management, Salaries and Expenses'', may be transferred to ``United
    States Fish and Wildlife Service, Resource Management'' for operational
    needs at the Midway Atoll National Wildlife Refuge airport.
        Sec. 128. (a) In General.--Nothing in section 134 of the Department
    of the Interior and Related Agencies Appropriations Act, 2002 (115
    Stat. 443) affects the decision of the United States Court of Appeals
    for the 10th Circuit in Sac and Fox Nation v. Norton, 240 F.3d 1250
    (2001).
        (b) Use of Certain Indian Land.--Nothing in this section permits
    the conduct of gaming under the Indian Gaming Regulatory Act (25 U.S.C.
    2701 et seq.) on land described in section 123 of the Department of the
    Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 944),
    or land that is contiguous to that land, regardless of whether the land
    or contiguous land has been taken into trust by the Secretary of the
    Interior.
        Sec. 129. No funds appropriated for the Department of the Interior
    by this Act or any other Act shall be used to study or implement any
    plan to drain Lake Powell or to reduce the water level of the lake
    below the range of water levels required for the operation of the Glen
    Canyon Dam.
        Sec. 130. Notwithstanding the limitation in subparagraph (2)(B) of
    section 18(a) of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)),
    the total amount of all fees imposed by the National Indian Gaming
    Commission for fiscal year 2006 shall not exceed $12,000,000.
        Sec. 131. Notwithstanding any implementation of the Department of
    the Interior's trust reorganization or reengineering plans, or the
    implementation of the ``To Be'' Model, funds appropriated for fiscal
    year 2005 shall be available to the tribes within the California Tribal
    Trust Reform Consortium and to the Salt River Pima-Maricopa Indian
    Community, the Confederated Salish and Kootenai Tribes of the Flathead
    Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation
    through the same methodology as funds were distributed in fiscal year
    2003. This Demonstration Project shall continue to operate separate and
    apart from the Department of the Interior's trust reform and
    reorganization and the Department shall not impose its trust management
    infrastructure upon or alter the existing trust resource management
    systems of the above referenced tribes having a self-governance compact
    and operating in accordance with the Tribal Self-Governance Program set
    forth in 25 U.S.C. 458aa-458hh: Provided, That the California Trust
    Reform Consortium and any other participating tribe agree to carry out
    their responsibilities under the same written and implemented fiduciary
    standards as those being carried by the Secretary of the Interior:
    Provided further, That they demonstrate to the satisfaction of the
    Secretary that they have the capability to do so: Provided further,
    That the Department shall provide funds to the tribes in an amount
    equal to that required by 25 U.S.C. 458cc(g)(3), including funds
    specifically or functionally related to the provision of trust services
    to the tribes or their members.
        Sec. 132. Notwithstanding any provision of law, including 42 U.S.C.
    4321 et. seq., nonrenewable grazing permits authorized in the Jarbidge
    Field Office, Bureau of Land Management within the past 8 years, shall
    be renewed. The Animal Unit Months contained in the most recently
    expired nonrenewable grazing permit, authorized between March 1, 1997,
    and February 28, 2003, shall continue in effect under the renewed
    permit. Nothing in this section shall be deemed to extend the
    nonrenewable permits beyond the standard 1-year term.
        Sec. 133. Pursuant to section 10101f(d)(3) of the Omnibus Budget
    Reconciliation Act of 1993 (30 U.S.C. 28f(d)(3)), the following claims
    shall be given notice of defect and the opportunity to cure:
    AKFF061472, AKFF085155-AKFF085156, AKFF061632-AKFF061633, AKFF061636-
    AKFF061637, and AKFF084718.
        Sec. 134. Section 702(b)(2) of Public Law 107-282 (116 Stat. 2013)
    is amended by striking ``that if the land'' and all that follows
    through ``conveyed by the Foundation.'' and inserting the following:
    ``that provides that (except in a case in which the proceeds of a lease
    are provided to the Foundation to carry out the purposes for which the
    Foundation was established), if the land described in paragraph (3) is
    sold, leased, or otherwise conveyed by the Foundation--''.
        Sec. 135. Amendment of the Surface Mining Control and Reclamation
    Act of 1977. (a) Section 402(b) of the Surface Mining Control and
    Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
    ``September 30, 2004'' and inserting ``June 30, 2005''.
        (b) Section 125 of Public Law 108-309 is hereby repealed.
        Sec. 136. Notwithstanding any other provision of law, the Secretary
    of the Interior is authorized to acquire lands, waters, or interests
    therein including the use of all or part of any pier, dock, or landing
    within the State of New York and the State of New Jersey, for the
    purpose of operating and maintaining facilities in the support of
    transportation and accommodation of visitors to Ellis, Governors, and
    Liberty Islands, and of other program and administrative activities, by
    donation or with appropriated funds, including franchise fees (and
    other monetary consideration), or by exchange; and the Secretary is
    authorized to negotiate and enter into leases, subleases, concession
    contracts or other agreements for the use of such facilities on such
    terms and conditions as the Secretary may determine reasonable.
        Sec. 137. Ernest F. Hollings ACE Basin National Wildlife Refuge.
    (a) Redesignation.--The ACE Basin National Wildlife Refuge in the State
    of South Carolina shall be known and designated as the ``Ernest F.
    Hollings ACE Basin National Wildlife Refuge''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the refuge referred to
    in subsection (a) shall be deemed to be a reference to the ``Ernest F.
    Hollings ACE Basin National Wildlife Refuge''.
        Sec. 138. Financial Assistance; Flood Insurance. The limitations on
    Federal expenditures or financial assistance in section 5 of the
    Coastal Barrier Resources Act (16 U.S.C. 3504) and the limitations on
    flood insurance coverage in section 1321(a) of the National Flood
    Insurance Act of 1968 (42 U.S.C. 4028(a)) shall not apply to lots 15,
    16, 25, and 29 within the Jeremy Cay Subdivision on Edisto Island,
    South Carolina, depicted on the reference map entitled ``John H. Chafee
    Coastal Barrier Resources System Edisto Complex M09/M09P'' dated
    January 24, 2003.
        Sec. 139. (a) There is hereby released, without consideration, all
    right, title, and interest of the United States in and to the surface
    portion of that portion of the existing building located at 615 North
    Burnett Road in Tipton, California, which encroaches upon land that,
    subject to a reversionary interest, was conveyed by the United States
    pursuant to the Act of July 27, 1866 (14 Stat. 292). The United States
    retains any subsurface mineral rights held by the United States as of
    the date of the enactment of this Act associated with that property.
    The Secretary of the Interior shall execute and file in the appropriate
    office a deed of release, amended deed, or other appropriate instrument
    effectuating the release of interests made by this subsection.
        (b) Section 314 of the National Parks and Recreation Act of 1978
    (Public Law 95-625; 92 Stat. 3480) is amended--
            (1) in subsection (c)(2), by striking ``Such rights of use and
        occupancy shall be for not more than twenty-five years or for a
        term ending at the death of the owner or his or her spouse,
        whichever is later.''; and
            (2) in subsection (d)(2)(B), by inserting ``and to their heirs,
        successors, and assigns'' after ``those persons who were lessees or
        permittees of record on the date of enactment of this Act''.
        (c)(1) The first section of Public Law 99-338 is amended by
    striking ``one renewal'' and inserting ``3 renewals''.
        (2) Section 3 of Public Law 99-338 is amended to read as follows:
        ``Sec. 3. The permit shall contain the following provisions:
            ``(1) A prohibition on expansion of the Kaweah Project in
        Sequoia National Park.
            ``(2) A requirement that an independent safety assessment of
        the Kaweah Project be conducted, and that any deficiencies
        identified as a result of the assessment would be corrected.
            ``(3) A requirement that the Secretary prepare and submit to
        Congress an update of the July 1983 report on the impact of the
        operations of the Kaweah No. 3 facility on Sequoia National Park.
            ``(4) A requirement that the permittee pay the park
        compensation as determined by the Secretary in consultation with
        the permittee.
            ``(5) Any other reasonable terms and conditions that the
        Secretary of the Interior deems necessary and proper for the
        management and care of Sequoia National Park and the purposes for
        which it was established.''.
        (3) Public Law 99-338 is further amended by adding at the end the
    following new section:
        ``Sec. 4. The proceeds from any fees imposed pursuant to a permit
    issued under this Act shall be retained by Sequoia National Park and
    Kings Canyon National Park and shall be available, without further
    appropriation, for resources protection, maintenance, and other park
    operational needs.''.
        Sec. 140. (a) Short Title.--This section may be cited as the
    ``Gaylord A. Nelson Apostle Islands National Lakeshore Wilderness
    Act''.
        (b) Definitions.--In this section:
            (1) Map.--The term ``map'' means the map entitled ``Apostle
        Islands Lakeshore Wilderness'', numbered 633/80,058 and dated
        September 17, 2004.
            (2) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.
            (3) High-water mark.--The term ``high-water mark'' means the
        point on the bank or shore up to which the water, by its presence
        and action or flow, leaves a distinct mark indicated by erosion,
        destruction of or change in vegetation or other easily recognizable
        characteristic.
        (c) Designation of Apostle Islands National Lakeshore Wilderness.--
            (1) Designation.--Certain lands comprising approximately 33,500
        acres within the Apostle Islands National Lakeshore, as generally
        depicted on the map referred to in subsection (b), are hereby
        designated as wilderness in accordance with section 3(c) of the
        Wilderness Act (16 U.S.C. 1132), and therefore as components of the
        National Wilderness Preservation System.
            (2) Map and description.--
                (A) The map referred to in subsection (b) shall be on file
            and available for public inspection in the appropriate offices
            of the National Park Service.
                (B) As soon as practical after enactment of this section,
            the Secretary shall submit a description of the boundary of the
            wilderness areas to the Committee on Energy and Natural
            Resources of the Senate and the Committee on Resources of the
            United States House of Representatives.
                (C) The map and description shall have the same force and
            effect as if included in this section, except that the
            Secretary may correct clerical and typographical errors in the
            description and maps.
            (3) Boundary of the wilderness.--Any portion of wilderness
        designated in paragraph (c)(1) that is bordered by Lake Superior
        shall use as its boundary the high-water mark.
            (4) Naming.--The wilderness area designated by this section
        shall be known as the Gaylord A. Nelson National Wilderness.
        (d) Administration.--
            (1) Management.--Subject to valid existing rights, the lands
        designated as wilderness by this section shall be administered by
        the Secretary in accordance with the applicable provisions of the
        Wilderness Act (16 U.S.C. 1131), except that--
                (A) any reference in that Act to the effective date shall
            be considered to be a reference to the date of enactment of
            this section; and
                (B) where appropriate, any reference to the Secretary of
            Agriculture shall be considered to be a reference to the
            Secretary of the Interior with respect to lands administered by
            the Secretary.
            (2) Savings provisions.--Nothing in this section shall--
                (A) modify, alter, or in any way affect any treaty rights;
                (B) alter the management of the waters of Lake Superior
            within the boundary of the Apostle Islands National Lakeshore
            in existence on the date of enactment of this section; or
                (C) be construed to modify, limit, or in any way affect the
            use of motors on the lake waters, including snowmobiles and the
            beaching of motorboats adjacent to wilderness areas below the
            high-water mark, and the maintenance and expansion of any docks
            existing at the time of the enactment of this section.
        Sec. 141. Upon the request of the permittee for the Clark Mountain
    Allotment lands adjacent to the Mojave National Preserve, the Secretary
    shall also issue a special use permit for that portion of the grazing
    allotment located within the Preserve. The special use permit shall be
    issued with the same terms and conditions as the most recently-issued
    permit for that allotment and the Secretary shall consider the permit
    to be one transferred in accordance with section 325 of Public Law 108-
    108.
        Sec. 142. Sale of Wild Free-Roaming Horses and Burros. (a) In
    General.--Section 3 of Public Law 92-195 (16 U.S.C. 1333) is amended--
            (1) in subsection (d)(5), by striking ``this section'' and all
        that follows through the period at the end and inserting ``this
        section.''; and
            (2) by adding at the end the following:
        ``(e) Sale of Excess Animals.--
            ``(1) In general.--Any excess animal or the remains of an
        excess animal shall be sold if--
                ``(A) the excess animal is more than 10 years of age; or
                ``(B) the excess animal has been offered unsuccessfully for
            adoption at least 3 times.
            ``(2) Method of sale.--An excess animal that meets either of
        the criteria in paragraph (1) shall be made available for sale
        without limitation, including through auction to the highest
        bidder, at local sale yards or other convenient livestock selling
        facilities, until such time as--
                ``(A) all excess animals offered for sale are sold; or
                ``(B) the appropriate management level, as determined by
            the Secretary, is attained in all areas occupied by wild free-
            roaming horses and burros.
            ``(3) Disposition of funds.--Funds generated from the sale of
        excess animals under this subsection shall be--
                ``(A) credited as an offsetting collection to the
            Management of Lands and Resources appropriation for the Bureau
            of Land Management; and
                ``(B) used for the costs relating to the adoption of wild
            free-roaming horses and burros, including the costs of
            marketing such adoption.
            ``(4) Effect of sale.--Any excess animal sold under this
        provision shall no longer be considered to be a wild free-roaming
        horse or burro for purposes of this Act.''.
        (b) Criminal Provisions.--Section 8(a)(4) of Public Law 92-195 (16
    U.S.C. 1338(a)(4)) is amended by inserting ``except as provided in
    section 3(e),'' before ``processes''.
        Sec. 143. (a) Short Title.--This section may be cited as the
    ``Migratory Bird Treaty Reform Act of 2004''.
        (b) Exclusion of Non-Native Species From Application of Certain
    Prohibitions Under Migratory Bird Treaty Act.--Section 2 of the
    Migratory Bird Treaty Act (16 U.S.C. 703) is amended--
            (1) in the first sentence by striking ``That unless and except
        as permitted'' and inserting the following: ``(a) In General.--
        Unless and except as permitted''; and
            (2) by adding at the end the following:
        ``(b) Limitation on Application to Introduced Species.--
            ``(1) In general.--This Act applies only to migratory bird
        species that are native to the United States or its territories.
            ``(2) Native to the united states defined.--
                ``(A) In general.--Subject to subparagraph (B), in this
            subsection the term `native to the United States or its
            territories' means occurring in the United States or its
            territories as the result of natural biological or ecological
            processes.
                ``(B) Treatment of introduced species.--For purposes of
            paragraph (1), a migratory bird species that occurs in the
            United States or its territories solely as a result of
            intentional or unintentional human-assisted introduction shall
            not be considered native to the United States or its
            territories unless--
                    ``(i) it was native to the United States or its
                territories and extant in 1918;
                    ``(ii) it was extirpated after 1918 throughout its
                range in the United States and its territories; and
                    ``(iii) after such extirpation, it was reintroduced in
                the United States or its territories as a part of a program
                carried out by a Federal agency.''.
        (c) Publication of List.--
            (1) In general.--Not later than 90 days after the date of
        enactment of this section, the Secretary of the Interior shall
        publish in the Federal Register a list of all nonnative, human-
        introduced bird species to which the Migratory Bird Treaty Act (16
        U.S.C. 703 et seq.) does not apply. As necessary, the Secretary may
        update and publish the list of species exempted from protection of
        the Migratory Bird Treaty Act.
            (2) Public comment.--Before publishing the list under paragraph
        (1), the Secretary shall provide adequate time for public comment.
            (3) Effect of section.--Nothing in this subsection shall delay
        implementation of other provisions of this section or amendments
        made by this section that exclude nonnative, human-introduced bird
        species from the application of the Migratory Bird Treaty Act (16
        U.S.C. 703 et seq.).
        (d) Relationship to Treaties.--It is the sense of Congress that the
    language of this section is consistent with the intent and language of
    the 4 bilateral treaties implemented by this section.
        Sec. 144. (a) Short Title.--This section may be cited as the
    ``Foundation for Nevada's Veterans Land Transfer Act of 2004''.
        (b) Transfer of Administrative Jurisdiction, Bureau of Land
    Management Land, Clark County, Nevada.--
            (1) In general.--Administrative jurisdiction over the land
        described in paragraph (2) is transferred from the Secretary of the
        Interior to the Secretary of Veterans Affairs.
            (2) Description of land.--The parcel of land referred to in
        paragraph (1) is the approximately 150 acres of Bureau of Land
        Management land in Clark County, Nevada, as generally depicted on
        the map entitled ``Veterans Administration Conveyance'' and dated
        September 24, 2004.
            (3) Use of land.--The parcel of land described in paragraph (2)
        shall be used by the Secretary of Veterans Affairs for the
        construction and operation of medical and related facilities, as
        determined to be appropriate by the Secretary of Veterans Affairs.
        Sec. 145. Cumberland Island Wilderness Boundary Adjustment. (a) In
    General.--Public Law 97-250 (96 Stat. 709) is amended by striking
    section 2 and inserting the following:

    ``SEC. 2. CUMBERLAND ISLAND WILDERNESS.

        ``(a) Definitions.--In this section:
            ``(1) Map.--The term `map' means the map entitled `Cumberland
        Island Wilderness', numbered 640/20,038I, and dated September 2004.
            ``(2) Secretary.--The term `Secretary' means the Secretary of
        the Interior.
            ``(3) Wilderness.--The term `Wilderness' means the Cumberland
        Island Wilderness established by subsection (b).
            ``(4) Potential wilderness.--The term `Potential Wilderness'
        means the 10,500 acres of potential wilderness described in
        subsection (c)(2), but does not include the area at the north end
        of Cumberland Island known as the `High Point Half-Moon Bluff
        Historic District'.
        ``(b) Establishment.--
            ``(1) In general.--Approximately 9,886 acres of land in the
        Cumberland Island National Seashore depicted on the map as
        `Wilderness' is designated as a component of the National
        Wilderness Preservation System and shall be known as the
        `Cumberland Island Wilderness'.
            ``(2) Exclusions.--The 25-foot wide roadways depicted on the
        map as the `Main Road', `Plum Orchard', and the `North Cut Road'
        shall not be included in the Wilderness and shall be maintained by
        the Secretary for continued vehicle use.
        ``(c) Additional Land.--In addition to the land designated under
    subsection (b), the Secretary shall--
            ``(1) on acquisition of the approximately 231 acres of land
        identified on the map as `Areas Become Designated Wilderness upon
        Acquisition by the NPS'; and
            ``(2) on publication in the Federal Register of a notice that
        all uses of the approximately 10,500 acres of land depicted on the
        map as `Potential Wilderness' that are prohibited under the
        Wilderness Act (16 U.S.C. 1131 et seq.) have ceased, adjust the
        boundary of the Wilderness to include the land.
        ``(d) Availability of Map.--The map shall be on file and available
    for public inspection in the appropriate offices of the National Park
    Service.
        ``(e) Administration.--Subject to valid existing rights, the
    Wilderness shall be administered by the Secretary, in accordance with
    the applicable provisions of the Wilderness Act (16 U.S.C. 1131 et
    seq.) governing areas designated by that Act as wilderness areas,
    except that--
            ``(1) any reference in such provisions to the effective date of
        that Act shall be deemed to be a reference to the effective date of
        this Act; and
            ``(2) where appropriate, any reference in that Act to the
        Secretary of Agriculture shall be deemed to be a reference to the
        Secretary.
        ``(f) Effect.--Any person with a right to utility service on
    Cumberland Island on the date of enactment of this subsection shall
    continue to have the right to utility service in the Wilderness after
    the date of enactment of this subsection.
        ``(g) Management Plan for Access to Main Road and North Cut Road.--
    Not later than 1 year after the date of the enactment of the Cumberland
    Island Wilderness Boundary Adjustment Act of 2004, the Secretary shall
    complete a management plan to ensure that not more than 8 and not less
    than 5 round trips are made available daily on the Main Road north of
    the Plum Orchard Spur and the North Cut Road by the National Park
    Service or a concessionaire for the purpose of transporting visitors to
    and from the historic sites located adjacent to Wilderness.''.
        (b) Tours of Cumberland Island National Seashore.--Section 6 of
    Public Law 92-536 (86 Stat. 1066) is amended--
            (1) in subsection (b), by inserting ``, except as provided in
        subsection (c),'' before ``no development of the project''; and
            (2) by adding at the end the following:
        ``(c) Tours of the Seashore.--Notwithstanding subsection (b), the
    Secretary may enter into not more than 3 concession contracts, as the
    Secretary determines appropriate, for the provision of tours for
    visitors to the seashore that are consistent with--
            ``(1) this Act;
            ``(2) the Wilderness Act (16 U.S.C. 1131 et seq.); and
            ``(3) Public Law 97-250 (96 Stat. 709).''.
        (c) Short Title.--This section may be cited as the ``Cumberland
    Island Wilderness Boundary Adjustment Act of 2004''.
        Sec. 146. Notwithstanding any other provision of law, the National
    Park Service final winter use rules published in Part VII of the
    Federal Register for November 10, 2004, 69 Fed. Reg. 65348 et seq.,
    shall be in force and effect for the winter use season of 2004-2005
    that commences on or about December 15, 2004.

                           TITLE II--RELATED AGENCIES

                           DEPARTMENT OF AGRICULTURE

                                 Forest Service

                         forest and rangeland research

        For necessary expenses of forest and rangeland research as
    authorized by law, $280,278,000, to remain available until expended:
    Provided, That of the funds provided, $56,714,000 is for the forest
    inventory and analysis program.

                           state and private forestry

        For necessary expenses of cooperating with and providing technical
    and financial assistance to States, territories, possessions, and
    others, and for forest health management, including treatments of
    pests, pathogens, and invasive or noxious plants and for restoring and
    rehabilitating forests damaged by pests or invasive plants, cooperative
    forestry, and education and land conservation activities and conducting
    an international program as authorized, $296,626,000, to remain
    available until expended, as authorized by law of which $57,939,000 is
    to be derived from the Land and Water Conservation Fund: Provided, That
    none of the funds provided under this heading for the acquisition of
    lands or interests in lands shall be available until the Forest Service
    notifies the House Committee on Appropriations and the Senate Committee
    on Appropriations, in writing, of specific contractual and grant
    details including the non-Federal cost share: Provided further, That
    notwithstanding any other provision of law, of the funds provided under
    this heading, $2,000,000 shall be made available to Kake Tribal
    Corporation as an advance direct lump sum payment to implement the Kake
    Tribal Corporation Land Transfer Act (Public Law 106-283), and
    $1,500,000 shall be made available to Canton, North Carolina, as an
    advance direct lump sum payment for wood products wastewater treatment
    repairs.

                              national forest system

        For necessary expenses of the Forest Service, not otherwise
    provided for, for management, protection, improvement, and utilization
    of the National Forest System, $1,400,260,000, to remain available
    until expended, which shall include 50 percent of all moneys received
    during prior fiscal years as fees collected under the Land and Water
    Conservation Fund Act of 1965, as amended, in accordance with section 4
    of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
    under this heading available at the start of fiscal year 2005 shall be
    displayed by budget line item in the fiscal year 2006 budget
    justification: Provided further, That, through fiscal year 2009, the
    Secretary may authorize the expenditure or transfer of such sums as
    necessary to the Department of the Interior, Bureau of Land Management,
    for removal, preparation, and adoption of excess wild horses and burros
    from National Forest System lands, and for the performance of cadastral
    surveys to designate the boundaries of such lands: Provided further,
    That of the funds provided under this heading for Forest Products,
    $5,000,000 shall be allocated to the Alaska Region, in addition to its
    normal allocation for the purposes of preparing additional timber for
    sale, to establish a 3-year timber supply and such funds may be
    transferred to other appropriations accounts as necessary to maximize
    accomplishment: Provided further, That within funds available for the
    purpose of implementing the Valles Caldera Preservation Act,
    notwithstanding the limitations of section 107(e)(2) of the Valles
    Caldera Preservation Act (Public Law 106-248), for fiscal year 2005,
    the Chair of the Board of Trustees of the Valles Caldera Trust may
    receive, upon request, compensation for each day (including travel
    time) that the Chair is engaged in the performance of the functions of
    the Board, except that compensation shall not exceed the daily
    equivalent of the annual rate in effect for members of the Senior
    Executive Service at the ES-1 level, and shall be in addition to any
    reimbursement for travel, subsistence and other necessary expenses
    incurred by the Chair in the performance of the Chair's duties.

                            wildland fire management

        For necessary expenses for forest fire presuppression activities on
    National Forest System lands, for emergency fire suppression on or
    adjacent to such lands or other lands under fire protection agreement,
    hazardous fuels reduction on or adjacent to such lands, and for
    emergency rehabilitation of burned-over National Forest System lands
    and water, $1,727,008,000, to remain available until expended:
    Provided, That such funds including unobligated balances under this
    heading, are available for repayment of advances from other
    appropriations accounts previously transferred for such purposes:
    Provided further, That such funds shall be available to reimburse State
    and other cooperating entities for services provided in response to
    wildfire and other emergencies or disasters to the extent such
    reimbursements by the Forest Service for non-fire emergencies are fully
    repaid by the responsible emergency management agency: Provided
    further, That not less than 50 percent of any unobligated balances
    remaining (exclusive of amounts for hazardous fuels reduction) at the
    end of fiscal year 2004 shall be transferred, as repayment for past
    advances that have not been repaid, to the fund established pursuant to
    section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.): Provided
    further, That, notwithstanding any other provision of law, $8,000,000
    of funds appropriated under this appropriation shall be used for Fire
    Science Research in support of the Joint Fire Science Program: Provided
    further, That all authorities for the use of funds, including the use
    of contracts, grants, and cooperative agreements, available to execute
    the Forest and Rangeland Research appropriation, are also available in
    the utilization of these funds for Fire Science Research: Provided
    further, That funds provided shall be available for emergency
    rehabilitation and restoration, hazardous fuels reduction activities in
    the urban-wildland interface, support to Federal emergency response,
    and wildfire suppression activities of the Forest Service: Provided
    further, That of the funds provided, $266,238,000 is for hazardous
    fuels reduction activities, $13,000,000 is for rehabilitation and
    restoration, $22,025,000 is for research activities and to make
    competitive research grants pursuant to the Forest and Rangeland
    Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.),
    $40,745,000 is for State fire assistance, $8,000,000 is for volunteer
    fire assistance, $15,000,000 is for forest health activities on Federal
    lands and $10,000,000 is for forest health activities on State and
    private lands: Provided further, That amounts in this paragraph may be
    transferred to the ``State and Private Forestry'', ``National Forest
    System'', and ``Forest and Rangeland Research'' accounts to fund State
    fire assistance, volunteer fire assistance, forest health management,
    forest and rangeland research, vegetation and watershed management,
    heritage site rehabilitation, and wildlife and fish habitat management
    and restoration: Provided further, That transfers of any amounts in
    excess of those authorized in this paragraph, shall require approval of
    the House and Senate Committees on Appropriations in compliance with
    reprogramming procedures contained in House Report 108-330: Provided
    further, That the costs of implementing any cooperative agreement
    between the Federal Government and any non-Federal entity may be
    shared, as mutually agreed on by the affected parties: Provided
    further, That in addition to funds provided for State Fire Assistance
    programs, and subject to all authorities available to the Forest
    Service under the State and Private Forestry Appropriations, up to
    $15,000,000 may be used on adjacent non-Federal lands for the purpose
    of protecting communities when hazard reduction activities are planned
    on national forest lands that have the potential to place such
    communities at risk: Provided further, That included in funding for
    hazardous fuel reduction is $5,000,000 for implementing the Community
    Forest Restoration Act, Public Law 106-393, title VI, and any portion
    of such funds shall be available for use on non-Federal lands in
    accordance with authorities available to the Forest Service under the
    State and Private Forestry Appropriation: Provided further, That the
    Secretary of the Interior and the Secretary of Agriculture may
    authorize the transfer of funds appropriated for wildland fire
    management, in an aggregate amount not to exceed $12,000,000, between
    the Departments when such transfers would facilitate and expedite
    jointly funded wildland fire management programs and projects: Provided
    further, That of the funds provided for hazardous fuels reduction, not
    to exceed $5,000,000, may be used to make grants, using any authorities
    available to the Forest Service under the State and Private Forestry
    appropriation, for the purpose of creating incentives for increased use
    of biomass from national forest lands.

                       capital improvement and maintenance

        For necessary expenses of the Forest Service, not otherwise
    provided for, $521,952,000, to remain available until expended for
    construction, reconstruction, maintenance and acquisition of buildings
    and other facilities, and for construction, reconstruction, repair,
    decommissioning, and maintenance of forest roads and trails by the
    Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and
    205: Provided, That up to $15,000,000 of the funds provided herein for
    road maintenance shall be available for the decommissioning of roads,
    including unauthorized roads not part of the transportation system,
    which are no longer needed: Provided further, That no funds shall be
    expended to decommission any system road until notice and an
    opportunity for public comment has been provided on each
    decommissioning project: Provided further, That subject to all the
    authorities available to the Forest Service under the State and Private
    Forestry appropriation, up to $1,000,000 may be used on non-Federal
    lands adjacent to the Chugach National Forest for the purpose of
    expanding recreational opportunities.

                                 land acquisition

        For expenses necessary to carry out the provisions of the Land and
    Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
    through 11), including administrative expenses, and for acquisition of
    land or waters, or interest therein, in accordance with statutory
    authority applicable to the Forest Service, $61,866,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended.

              acquisition of lands for national forests special acts

        For acquisition of lands within the exterior boundaries of the
    Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
    Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
    National Forests, California, as authorized by law, $1,069,000, to be
    derived from forest receipts.

                 acquisition of lands to complete land exchanges

        For acquisition of lands, such sums, to be derived from funds
    deposited by State, county, or municipal governments, public school
    districts, or other public school authorities, and for authorized
    expenditures from funds deposited by non-Federal parties pursuant to
    Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967,
    as amended (16 U.S.C. 484a), to remain available until expended.

                              range betterment fund

        For necessary expenses of range rehabilitation, protection, and
    improvement, 50 percent of all moneys received during the prior fiscal
    year, as fees for grazing domestic livestock on lands in National
    Forests in the 16 Western States, pursuant to section 401(b)(1) of
    Public Law 94-579, as amended, to remain available until expended, of
    which not to exceed 6 percent shall be available for administrative
    expenses associated with on-the-ground range rehabilitation,
    protection, and improvements.

         gifts, donations and bequests for forest and rangeland research

        For expenses authorized by 16 U.S.C. 1643(b), $65,000, to remain
    available until expended, to be derived from the fund established
    pursuant to the above Act.

             management of national forest lands for subsistence uses

        For necessary expenses of the Forest Service to manage Federal
    lands in Alaska for subsistence uses under title VIII of the Alaska
    National Interest Lands Conservation Act (Public Law 96-487),
    $5,962,000, to remain available until expended.

                    administrative provisions, forest service

        Appropriations to the Forest Service for the current fiscal year
    shall be available for: (1) purchase of not to exceed 124 passenger
    motor vehicles of which 21 will be used primarily for law enforcement
    purposes and of which 124 shall be for replacement; acquisition of 25
    passenger motor vehicles from excess sources, and hire of such
    vehicles; purchase, lease, operation, maintenance, and acquisition of
    aircraft from excess sources to maintain the operable fleet at 195
    aircraft for use in Forest Service wildland fire programs and other
    Forest Service programs; notwithstanding other provisions of law,
    existing aircraft being replaced may be sold, with proceeds derived or
    trade-in value used to offset the purchase price for the replacement
    aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to exceed
    $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection,
    and alteration of buildings and other public improvements (7 U.S.C.
    2250); (4) acquisition of land, waters, and interests therein pursuant
    to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the
    National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
    the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for
    debt collection contracts in accordance with 31 U.S.C. 3718(c).
        None of the funds made available under this Act shall be obligated
    or expended to abolish any region, to move or close any regional office
    for National Forest System administration of the Forest Service,
    Department of Agriculture without the consent of the House and Senate
    Committees on Appropriations.
        Any appropriations or funds available to the Forest Service may be
    transferred to the Wildland Fire Management appropriation for forest
    firefighting, emergency rehabilitation of burned-over or damaged lands
    or waters under its jurisdiction, and fire preparedness due to severe
    burning conditions upon notification of the House and Senate Committees
    on Appropriations and if and only if all previously appropriated
    emergency contingent funds under the heading ``Wildland Fire
    Management'' have been released by the President and apportioned and
    all wildfire suppression funds under the heading ``Wildland Fire
    Management'' are obligated.
        The first transfer of funds into the Wildland Fire Management
    account shall include unobligated funds, if available, from the Land
    Acquisition account and the Forest Legacy program within the State and
    Private Forestry account.
        Funds appropriated to the Forest Service shall be available for
    assistance to or through the Agency for International Development and
    the Foreign Agricultural Service in connection with forest and
    rangeland research, technical information, and assistance in foreign
    countries, and shall be available to support forestry and related
    natural resource activities outside the United States and its
    territories and possessions, including technical assistance, education
    and training, and cooperation with United States and international
    organizations.
        None of the funds made available to the Forest Service under this
    Act shall be subject to transfer under the provisions of section 702(b)
    of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
    7 U.S.C. 147b.
        Not less than $20,000,000 of funds under section 8002 of the Farm
    Security and Rural Investment Act of 2002 is hereby canceled.
        None of the funds available to the Forest Service may be
    reprogrammed without the advance approval of the House and Senate
    Committees on Appropriations in accordance with the reprogramming
    procedures contained in House Report 108-330.
        Not more than $72,467,000 of the funds available to the Forest
    Service shall be transferred to the Working Capital Fund of the
    Department of Agriculture.
        Funds available to the Forest Service shall be available to conduct
    a program of not less than $2,000,000 for high priority projects within
    the scope of the approved budget which shall be carried out by the
    Youth Conservation Corps.
        Of the funds available to the Forest Service, $2,500 is available
    to the Chief of the Forest Service for official reception and
    representation expenses.
        Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
    the funds available to the Forest Service, $3,300,000 may be advanced
    in a lump sum to the National Forest Foundation to aid conservation
    partnership projects in support of the Forest Service mission, without
    regard to when the Foundation incurs expenses, for administrative
    expenses or projects on or benefitting National Forest System lands or
    related to Forest Service programs: Provided, That of the Federal funds
    made available to the Foundation, $300,000 may be used for Forest
    Service Centennial activities and, of the total available to the
    Foundation, no more than $350,000 shall be available for administrative
    expenses: Provided further, That the Foundation shall obtain, by the
    end of the period of Federal financial assistance, private
    contributions to match on at least one-for-one basis funds made
    available by the Forest Service: Provided further, That the Foundation
    may transfer Federal funds to a non-Federal recipient for a project at
    the same rate that the recipient has obtained the non-Federal matching
    funds: Provided further, That authorized investments of Federal funds
    held by the Foundation may be made only in interest-bearing obligations
    of the United States or in obligations guaranteed as to both principal
    and interest by the United States.
        Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
    funds available to the Forest Service shall be available for matching
    funds to the National Fish and Wildlife Foundation, as authorized by 16
    U.S.C. 3701-3709, and may be advanced in a lump sum to aid conservation
    partnership projects in support of the Forest Service mission, without
    regard to when expenses are incurred, for projects on or benefitting
    National Forest System lands or related to Forest Service programs:
    Provided, That the Foundation shall obtain, by the end of the period of
    Federal financial assistance, private contributions to match on at
    least one-for-one basis funds advanced by the Forest Service: Provided
    further, That the Foundation may transfer Federal funds to a non-
    Federal recipient for a project at the same rate that the recipient has
    obtained the non-Federal matching funds.
        Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities for sustainable rural development purposes.
        Funds appropriated to the Forest Service shall be available for
    payments to counties within the Columbia River Gorge National Scenic
    Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
    Public Law 99-663.
        Notwithstanding any other provision of law, any appropriations or
    funds available to the Forest Service not to exceed $500,000 may be
    used to reimburse the Office of the General Counsel (OGC), Department
    of Agriculture, for travel and related expenses incurred as a result of
    OGC assistance or participation requested by the Forest Service at
    meetings, training sessions, management reviews, land purchase
    negotiations and similar non-litigation related matters. Future budget
    justifications for both the Forest Service and the Department of
    Agriculture should clearly display the sums previously transferred and
    the requested funding transfers.
        Any appropriations or funds available to the Forest Service may be
    used for necessary expenses in the event of law enforcement emergencies
    as necessary to protect natural resources and public or employee
    safety: Provided, That such amounts shall not exceed $1,000,000.
        For fiscal years 2005 and 2006, the Secretary of Agriculture may
    authorize the sale of excess buildings, facilities, and other
    properties owned by the Forest Service and located on the Green
    Mountain National Forest, the revenues of which shall be retained by
    the Forest Service and available to the Secretary without further
    appropriation and until expended for maintenance and rehabilitation
    activities on the Green Mountain National Forest.
        For each fiscal year through 2009, the Secretary of Agriculture may
    transfer or reimburse funds available to the Forest Service, not to
    exceed $15,000,000, to the Secretary of the Interior or the Secretary
    of Commerce to expedite conferencing and consultations as required
    under section 7 of the Endangered Species Act, 16 U.S.C. 1536. The
    amount of the transfer or reimbursement shall be as mutually agreed by
    the Secretary of Agriculture and the Secretary of the Interior or
    Secretary of Commerce, as applicable, or their designees. The amount
    shall in no case exceed the actual costs of consultation and
    conferencing.
        Beginning on June 30, 2001 and concluding on December 31, 2005, an
    eligible individual who is employed in any project funded under title V
    of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
    administered by the Forest Service shall be considered to be a Federal
    employee for purposes of chapter 171 of title 28, United States Code.
        Any funds appropriated to the Forest Service may be used to meet
    the non-Federal share requirement in section 502(c) of the Older
    American Act of 1965 (42 U.S.C. 3056(c)(2)).
        Funds available to the Forest Service in this Act may be used for
    the purpose of expenses associated with primary and secondary schooling
    for dependents of agency personnel stationed in Puerto Rico prior to
    the date of enactment of this Act, who are subject to transfer and
    reassignment to other locations in the United States, at a cost not in
    excess of those authorized for the Department of Defense for the same
    area, when it is determined by the Chief of the Forest Service that
    public schools available in the locality are unable to provide
    adequately for the education of such dependents.
        For fiscal years 2005 and 2006, the Secretary of Agriculture may
    authorize the sale of excess buildings, facilities, and other
    properties owned by the Forest Service and located on the Wasatch-Cache
    National Forest, the revenues of which shall be retained by the Forest
    Service and available to the Secretary without further appropriation
    and until expended for acquisition and construction of administrative
    sites on the Wasatch-Cache National Forest.

                              DEPARTMENT OF ENERGY

                             clean coal technology

                                    (deferral)

        Of the funds made available under this heading for obligation in
    prior years, $257,000,000 shall not be available until October 1, 2005:
    Provided, That funds made available in previous appropriations Acts
    shall be available for any ongoing project regardless of the separate
    request for proposal under which the project was selected.

                     fossil energy research and development

        For necessary expenses in carrying out fossil energy research and
    development activities, under the authority of the Department of Energy
    Organization Act (Public Law 95-91), including the acquisition of
    interest, including defeasible and equitable interests in any real
    property or any facility or for plant or facility acquisition or
    expansion, and for conducting inquiries, technological investigations
    and research concerning the extraction, processing, use, and disposal
    of mineral substances without objectionable social and environmental
    costs (30 U.S.C. 3, 1602, and 1603), $579,911,000, to remain available
    until expended, of which $4,000,000 is to continue a multi-year project
    for construction, renovation, furnishing, and demolition or removal of
    buildings at National Energy Technology Laboratory facilities in
    Morgantown, West Virginia and Pittsburgh, Pennsylvania: Provided, That
    of the amounts provided, $18,000,000 is to continue a multi-year
    project coordinated with the private sector for FutureGen, without
    regard to the terms and conditions applicable to clean coal technology
    projects: Provided further, That the initial planning and research
    stages of the FutureGen project shall include a matching requirement
    from non-Federal sources of at least 20 percent of the costs: Provided
    further, That any demonstration component of such project shall require
    a matching requirement from non-Federal sources of at least 50 percent
    of the costs of the component: Provided further, That of the amounts
    provided, $50,000,000 is available, after coordination with the private
    sector, for a request for proposals for a Clean Coal Power Initiative
    providing for competitively-awarded research, development, and
    demonstration projects to reduce the barriers to continued and expanded
    coal use: Provided further, That no project may be selected for which
    sufficient funding is not available to provide for the total project:
    Provided further, That funds shall be expended in accordance with the
    provisions governing the use of funds contained under the heading
    ``Clean Coal Technology'' in 42 U.S.C. 5903d: Provided further, That
    the Department may include provisions for repayment of Government
    contributions to individual projects in an amount up to the Government
    contribution to the project on terms and conditions that are acceptable
    to the Department including repayments from sale and licensing of
    technologies from both domestic and foreign transactions: Provided
    further, That such repayments shall be retained by the Department for
    future coal-related research, development and demonstration projects:
    Provided further, That any technology selected under this program shall
    be considered a Clean Coal Technology, and any project selected under
    this program shall be considered a Clean Coal Technology Project, for
    the purposes of 42 U.S.C. 7651n, and chapters 51, 52, and 60 of title
    40 of the Code of Federal Regulations: Provided further, That funds
    shall be expended in accordance with the provisions governing the use
    of funds contained under the heading ``Clean Coal Technology'' in prior
    appropriations: Provided further, That no part of the sum herein made
    available shall be used for the field testing of nuclear explosives in
    the recovery of oil and gas: Provided further, That up to 4 percent of
    program direction funds available to the National Energy Technology
    Laboratory may be used to support Department of Energy activities not
    included in this account.

                      naval petroleum and oil shale reserves

        For expenses necessary to carry out naval petroleum and oil shale
    reserve activities, $18,000,000, to remain available until expended:
    Provided, That, notwithstanding any other provision of law, unobligated
    funds remaining from prior years shall be available for all naval
    petroleum and oil shale reserve activities.

                          elk hills school lands fund

        For necessary expenses in fulfilling installment payments under the
    Settlement Agreement entered into by the United States and the State of
    California on October 11, 1996, as authorized by section 3415 of Public
    Law 104-106, $36,000,000, to become available on October 1, 2005 for
    payment to the State of California for the State Teachers' Retirement
    Fund from the Elk Hills School Lands Fund.

                               energy conservation

        For necessary expenses in carrying out energy conservation
    activities, $649,092,000, to remain available until expended: Provided,
    That $44,798,000 is for State energy program grants pursuant to 42
    U.S.C. 6323, notwithstanding section 3003(d)(2) of Public Law 99-509.

                           strategic petroleum reserve

        For necessary expenses for Strategic Petroleum Reserve facility
    development and operations and program management activities pursuant
    to the Energy Policy and Conservation Act of 1975, as amended (42
    U.S.C. 6201 et seq.), $172,100,000, to remain available until expended.

                        northeast home heating oil reserve

        For necessary expenses for Northeast Home Heating Oil Reserve
    storage, operations, and management activities pursuant to the Energy
    Policy and Conservation Act of 2000, $5,000,000, to remain available
    until expended.

                       energy information administration

        For necessary expenses in carrying out the activities of the Energy
    Information Administration, $85,000,000, to remain available until
    expended.

                administrative provisions, department of energy

        Appropriations under this Act for the current fiscal year shall be
    available for hire of passenger motor vehicles; hire, maintenance, and
    operation of aircraft; purchase, repair, and cleaning of uniforms; and
    reimbursement to the General Services Administration for security guard
    services.
        From appropriations under this Act, transfers of sums may be made
    to other agencies of the Government for the performance of work for
    which the appropriation is made.
        None of the funds made available to the Department of Energy under
    this Act shall be used to implement or finance authorized price support
    or loan guarantee programs unless specific provision is made for such
    programs in an appropriations Act.
        The Secretary is authorized to accept lands, buildings, equipment,
    and other contributions from public and private sources and to
    prosecute projects in cooperation with other agencies, Federal, State,
    private or foreign: Provided, That revenues and other moneys received
    by or for the account of the Department of Energy or otherwise
    generated by sale of products in connection with projects of the
    Department appropriated under this Act may be retained by the Secretary
    of Energy, to be available until expended, and used only for plant
    construction, operation, costs, and payments to cost-sharing entities
    as provided in appropriate cost-sharing contracts or agreements:
    Provided further, That the remainder of revenues after the making of
    such payments shall be covered, into the Treasury as miscellaneous
    receipts: Provided further, That any contract, agreement, or provision
    thereof entered into by the Secretary pursuant to this authority shall
    not be executed prior to the expiration of 30 calendar days (not
    including any day in which either House of Congress is not in session
    because of adjournment of more than 3 calendar days to a day certain)
    from the receipt by the Speaker of the House of Representatives and the
    President of the Senate of a full comprehensive report on such project,
    including the facts and circumstances relied upon in support of the
    proposed project.
        No funds provided in this Act may be expended by the Department of
    Energy to prepare, issue, or process procurement documents for programs
    or projects for which appropriations have not been made.
        In addition to other authorities set forth in this Act, the
    Secretary may accept fees and contributions from public and private
    sources, to be deposited in a contributed funds account, and prosecute
    projects using such fees and contributions in cooperation with other
    Federal, State or private agencies or concerns.

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                             Indian Health Service

                              indian health services

        For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination Act, the Indian Health Care
    Improvement Act, and titles II and III of the Public Health Service Act
    with respect to the Indian Health Service, $2,633,072,000, together
    with payments received during the fiscal year pursuant to 42 U.S.C.
    238(b) for services furnished by the Indian Health Service: Provided,
    That funds made available to tribes and tribal organizations through
    contracts, grant agreements, or any other agreements or compacts
    authorized by the Indian Self-Determination and Education Assistance
    Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the
    time of the grant or contract award and thereafter shall remain
    available to the tribe or tribal organization without fiscal year
    limitation: Provided further, That up to $18,000,000 shall remain
    available until expended, for the Indian Catastrophic Health Emergency
    Fund: Provided further, That $487,085,000 for contract medical care
    shall remain available for obligation until September 30, 2006:
    Provided further, That of the funds provided, up to $27,000,000 to
    remain available until expended, shall be used to carry out the loan
    repayment program under section 108 of the Indian Health Care
    Improvement Act: Provided further, That funds provided in this Act may
    be used for one-year contracts and grants which are to be performed in
    two fiscal years, so long as the total obligation is recorded in the
    year for which the funds are appropriated: Provided further, That the
    amounts collected by the Secretary of Health and Human Services under
    the authority of title IV of the Indian Health Care Improvement Act
    shall remain available until expended for the purpose of achieving
    compliance with the applicable conditions and requirements of titles
    XVIII and XIX of the Social Security Act (exclusive of planning,
    design, or construction of new facilities): Provided further, That
    funding contained herein, and in any earlier appropriations Acts for
    scholarship programs under the Indian Health Care Improvement Act (25
    U.S.C. 1613) shall remain available until expended: Provided further,
    That amounts received by tribes and tribal organizations under title IV
    of the Indian Health Care Improvement Act shall be reported and
    accounted for and available to the receiving tribes and tribal
    organizations until expended: Provided further, That, notwithstanding
    any other provision of law, of the amounts provided herein, not to
    exceed $267,398,000 shall be for payments to tribes and tribal
    organizations for contract or grant support costs associated with
    contracts, grants, self-governance compacts or annual funding
    agreements between the Indian Health Service and a tribe or tribal
    organization pursuant to the Indian Self-Determination Act of 1975, as
    amended, prior to or during fiscal year 2005, of which not to exceed
    $2,500,000 may be used for contract support costs associated with new
    or expanded self-determination contracts, grants, self-governance
    compacts or annual funding agreements: Provided further, That funds
    available for the Indian Health Care Improvement Fund may be used, as
    needed, to carry out activities typically funded under the Indian
    Health Facilities account: Provided further, That of the amounts
    provided to the Indian Health Service, $15,000,000 is provided for
    alcohol control, enforcement, prevention, treatment, sobriety and
    wellness, and education in Alaska: Provided further, That none of the
    funds may be used for tribal courts or tribal ordinance programs or any
    program that is not directly related to alcohol control, enforcement,
    prevention, treatment, or sobriety: Provided further, That no more than
    15 percent may be used by any entity receiving funding for
    administrative overhead including indirect costs.

                             indian health facilities

        For construction, repair, maintenance, improvement, and equipment
    of health and related auxiliary facilities, including quarters for
    personnel; preparation of plans, specifications, and drawings;
    acquisition of sites, purchase and erection of modular buildings, and
    purchases of trailers; and for provision of domestic and community
    sanitation facilities for Indians, as authorized by section 7 of the
    Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
    Act, and the Indian Health Care Improvement Act, and for expenses
    necessary to carry out such Acts and titles II and III of the Public
    Health Service Act with respect to environmental health and facilities
    support activities of the Indian Health Service, $394,048,000, to
    remain available until expended: Provided, That notwithstanding any
    other provision of law, funds appropriated for the planning, design,
    construction or renovation of health facilities for the benefit of an
    Indian tribe or tribes may be used to purchase land for sites to
    construct, improve, or enlarge health or related facilities: Provided
    further, That not to exceed $500,000 shall be used by the Indian Health
    Service to purchase TRANSAM equipment from the Department of Defense
    for distribution to the Indian Health Service and tribal facilities:
    Provided further, That none of the funds appropriated to the Indian
    Health Service may be used for sanitation facilities construction for
    new homes funded with grants by the housing programs of the United
    States Department of Housing and Urban Development: Provided further,
    That not to exceed $1,000,000 from this account and the ``Indian Health
    Services'' account shall be used by the Indian Health Service to obtain
    ambulances for the Indian Health Service and tribal facilities in
    conjunction with an existing interagency agreement between the Indian
    Health Service and the General Services Administration: Provided
    further, That notwithstanding any other provision of law, funds
    appropriated for the planning, design, and construction of the
    replacement health care facility in Barrow, Alaska, may be used to
    purchase land up to approximately 8 hectares for a site upon which to
    construct the new health care facility: Provided further, That not to
    exceed $500,000 shall be placed in a Demolition Fund, available until
    expended, to be used by the Indian Health Service for demolition of
    Federal buildings: Provided further, That up to $2,700,000 from
    unobligated balances may be used for the purchase of land at two sites
    for the construction of the northern and southern California Youth
    Regional Treatment Centers subject to advance approval from the House
    and Senate Committees on Appropriations.

                 administrative provisions, indian health service

        Appropriations in this Act to the Indian Health Service shall be
    available for services as authorized by 5 U.S.C. 3109 but at rates not
    to exceed the per diem rate equivalent to the maximum rate payable for
    senior-level positions under 5 U.S.C. 5376; hire of passenger motor
    vehicles and aircraft; purchase of medical equipment; purchase of
    reprints; purchase, renovation and erection of modular buildings and
    renovation of existing facilities; payments for telephone service in
    private residences in the field, when authorized under regulations
    approved by the Secretary; and for uniforms or allowances therefor as
    authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
    meetings which are concerned with the functions or activities for which
    the appropriation is made or which will contribute to improved conduct,
    supervision, or management of those functions or activities.
        In accordance with the provisions of the Indian Health Care
    Improvement Act, non-Indian patients may be extended health care at all
    tribally administered or Indian Health Service facilities, subject to
    charges, and the proceeds along with funds recovered under the Federal
    Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
    the account of the facility providing the service and shall be
    available without fiscal year limitation. Notwithstanding any other law
    or regulation, funds transferred from the Department of Housing and
    Urban Development to the Indian Health Service shall be administered
    under Public Law 86-121 (the Indian Sanitation Facilities Act) and
    Public Law 93-638, as amended.
        Funds appropriated to the Indian Health Service in this Act, except
    those used for administrative and program direction purposes, shall not
    be subject to limitations directed at curtailing Federal travel and
    transportation.
        None of the funds made available to the Indian Health Service in
    this Act shall be used for any assessments or charges by the Department
    of Health and Human Services unless identified in the budget
    justification and provided in this Act, or approved by the House and
    Senate Committees on Appropriations through the reprogramming process.
    Personnel ceilings may not be imposed on the Indian Health Service nor
    may any action be taken to reduce the full time equivalent level of the
    Indian Health Service below the level in fiscal year 2002 adjusted
    upward for the staffing of new and expanded facilities, funding
    provided for staffing at the Lawton, Oklahoma hospital in fiscal years
    2003 and 2004, critical positions not filled in fiscal year 2002, and
    staffing necessary to carry out the intent of Congress with regard to
    program increases.
        Notwithstanding any other provision of law, funds previously or
    herein made available to a tribe or tribal organization through a
    contract, grant, or agreement authorized by title I or title V of the
    Indian Self-Determination and Education Assistance Act of 1975 (25
    U.S.C. 450), may be deobligated and reobligated to a self-determination
    contract under title I, or a self-governance agreement under title V of
    such Act and thereafter shall remain available to the tribe or tribal
    organization without fiscal year limitation.
        None of the funds made available to the Indian Health Service in
    this Act shall be used to implement the final rule published in the
    Federal Register on September 16, 1987, by the Department of Health and
    Human Services, relating to the eligibility for the health care
    services of the Indian Health Service until the Indian Health Service
    has submitted a budget request reflecting the increased costs
    associated with the proposed final rule, and such request has been
    included in an appropriations Act and enacted into law.
        With respect to functions transferred by the Indian Health Service
    to tribes or tribal organizations, the Indian Health Service is
    authorized to provide goods and services to those entities, on a
    reimbursable basis, including payment in advance with subsequent
    adjustment. The reimbursements received therefrom, along with the funds
    received from those entities pursuant to the Indian Self-Determination
    Act, may be credited to the same or subsequent appropriation account
    which provided the funding. Such amounts shall remain available until
    expended.
        Reimbursements for training, technical assistance, or services
    provided by the Indian Health Service will contain total costs,
    including direct, administrative, and overhead associated with the
    provision of goods, services, or technical assistance.
        The Indian Health Service may purchase 8.5 acres of land for
    expansion of parking facilities at the W.W. Hastings hospital in
    Tahlequah, Oklahoma using third party collections subject to advance
    approval from the House and Senate Committees on Appropriations.
        Notwithstanding any other provision of law, the Tulsa and Oklahoma
    City Clinic demonstration projects shall be permanent programs under
    the direct care program of the Indian Health Service; shall be treated
    as service units and operating units in the allocation of resources and
    coordination of care; shall continue to meet the requirements
    applicable to an Urban Indian organization under this title; and shall
    not be subject to the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 450 et seq.).
        The appropriation structure for the Indian Health Service may not
    be altered without advance approval of the House and Senate Committees
    on Appropriations.

                             OTHER RELATED AGENCIES

                  Office of Navajo and Hopi Indian Relocation

                              salaries and expenses

        For necessary expenses of the Office of Navajo and Hopi Indian
    Relocation as authorized by Public Law 93-531, $5,000,000, to remain
    available until expended: Provided, That funds provided in this or any
    other appropriations Act are to be used to relocate eligible
    individuals and groups including evictees from District 6, Hopi-
    partitioned lands residents, those in significantly substandard
    housing, and all others certified as eligible and not included in the
    preceding categories: Provided further, That none of the funds
    contained in this or any other Act may be used by the Office of Navajo
    and Hopi Indian Relocation to evict any single Navajo or Navajo family
    who, as of November 30, 1985, was physically domiciled on the lands
    partitioned to the Hopi Tribe unless a new or replacement home is
    provided for such household: Provided further, That no relocatee will
    be provided with more than one new or replacement home: Provided
    further, That the Office shall relocate any certified eligible
    relocatees who have selected and received an approved homesite on the
    Navajo reservation or selected a replacement residence off the Navajo
    reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

        Institute of American Indian and Alaska Native Culture and Arts
                                  Development

                             payment to the institute

        For payment to the Institute of American Indian and Alaska Native
    Culture and Arts Development, as authorized by title XV of Public Law
    99-498, as amended (20 U.S.C. 56 part A), $6,000,000, of which up to
    $1,000,000 may remain available until expended to assist with the
    Institute's efforts to develop a Continuing Education Lifelong Learning
    Center.

                            Smithsonian Institution

                             salaries and expenses

        For necessary expenses of the Smithsonian Institution, as
    authorized by law, including research in the fields of art, science,
    and history; development, preservation, and documentation of the
    National Collections; presentation of public exhibits and performances;
    collection, preparation, dissemination, and exchange of information and
    publications; conduct of education, training, and museum assistance
    programs; maintenance, alteration, operation, lease (for terms not to
    exceed 30 years), and protection of buildings, facilities, and
    approaches; not to exceed $100,000 for services as authorized by 5
    U.S.C. 3109; up to five replacement passenger vehicles; purchase,
    rental, repair, and cleaning of uniforms for employees, $495,925,000,
    of which not to exceed $10,108,000 for the instrumentation program,
    collections acquisition, exhibition reinstallation, the National Museum
    of African American History and Culture, and the repatriation of
    skeletal remains program shall remain available until expended; and of
    which $1,620,000 for fellowships and scholarly awards shall remain
    available until September 30, 2006; and including such funds as may be
    necessary to support American overseas research centers and a total of
    $125,000 for the Council of American Overseas Research Centers:
    Provided, That funds appropriated herein are available for advance
    payments to independent contractors performing research services or
    participating in official Smithsonian presentations: Provided further,
    That the Smithsonian Institution may expend Federal appropriations
    designated in this Act for lease or rent payments for long term and
    swing space, as rent payable to the Smithsonian Institution, and such
    rent payments may be deposited into the general trust funds of the
    Institution to the extent that federally supported activities are
    housed in the 900 H Street, N.W. building in the District of Columbia:
    Provided further, That this use of Federal appropriations shall not be
    construed as debt service, a Federal guarantee of, a transfer of risk
    to, or an obligation of, the Federal Government: Provided further, That
    no appropriated funds may be used to service debt which is incurred to
    finance the costs of acquiring the 900 H Street building or of
    planning, designing, and constructing improvements to such building.

                               facilities capital

        For necessary expenses of repair, revitalization, and alteration of
    facilities owned or occupied by the Smithsonian Institution, by
    contract or otherwise, as authorized by section 2 of the Act of August
    22, 1949 (63 Stat. 623), and for construction, including necessary
    personnel, $127,900,000, to remain available until expended, of which
    not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109:
    Provided, That contracts awarded for environmental systems, protection
    systems, and repair or restoration of facilities of the Smithsonian
    Institution may be negotiated with selected contractors and awarded on
    the basis of contractor qualifications as well as price.

               administrative provisions, smithsonian institution

        None of the funds in this or any other Act may be used to make any
    changes to the existing Smithsonian science programs including closure
    of facilities, relocation of staff or redirection of functions and
    programs without the advance approval of the House and Senate
    Committees on Appropriations.
        None of the funds in this or any other Act may be used to initiate
    the design for any proposed expansion of current space or new facility
    without consultation with the House and Senate Appropriations
    Committees.
        None of the funds in this or any other Act may be used for the Holt
    House located at the National Zoological Park in Washington, D.C.,
    unless identified as repairs to minimize water damage, monitor
    structure movement, or provide interim structural support.
        None of the funds available to the Smithsonian may be reprogrammed
    without the advance written approval of the House and Senate Committees
    on Appropriations in accordance with the reprogramming procedures
    contained in the statement of the managers accompanying this Act.
        None of the funds in this or any other Act may be used to purchase
    any additional buildings without prior consultation with the House and
    Senate Committees on Appropriations.

                            National Gallery of Art

                              salaries and expenses

        For the upkeep and operations of the National Gallery of Art, the
    protection and care of the works of art therein, and administrative
    expenses incident thereto, as authorized by the Act of March 24, 1937
    (50 Stat. 51), as amended by the public resolution of April 13, 1939
    (Public Resolution 9, Seventy-sixth Congress), including services as
    authorized by 5 U.S.C. 3109; payment in advance when authorized by the
    treasurer of the Gallery for membership in library, museum, and art
    associations or societies whose publications or services are available
    to members only, or to members at a price lower than to the general
    public; purchase, repair, and cleaning of uniforms for guards, and
    uniforms, or allowances therefor, for other employees as authorized by
    law (5 U.S.C. 5901-5902); purchase or rental of devices and services
    for protecting buildings and contents thereof, and maintenance,
    alteration, improvement, and repair of buildings, approaches, and
    grounds; and purchase of services for restoration and repair of works
    of art for the National Gallery of Art by contracts made, without
    advertising, with individuals, firms, or organizations at such rates or
    prices and under such terms and conditions as the Gallery may deem
    proper, $93,000,000, of which not to exceed $3,026,000 for the special
    exhibition program shall remain available until expended.

                 repair, restoration and renovation of buildings

        For necessary expenses of repair, restoration and renovation of
    buildings, grounds and facilities owned or occupied by the National
    Gallery of Art, by contract or otherwise, as authorized, $11,100,000,
    to remain available until expended: Provided, That contracts awarded
    for environmental systems, protection systems, and exterior repair or
    renovation of buildings of the National Gallery of Art may be
    negotiated with selected contractors and awarded on the basis of
    contractor qualifications as well as price.

                 John F. Kennedy Center for the Performing Arts

                            operations and maintenance

        For necessary expenses for the operation, maintenance and security
    of the John F. Kennedy Center for the Performing Arts, $17,152,000.

                                   construction

        For necessary expenses for capital repair and restoration of the
    existing features of the building and site of the John F. Kennedy
    Center for the Performing Arts, $16,334,000, to remain available until
    expended.

                Woodrow Wilson International Center for Scholars

                              salaries and expenses

        For expenses necessary in carrying out the provisions of the
    Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
    passenger vehicles and services as authorized by 5 U.S.C. 3109,
    $8,987,000.

               National Foundation on the Arts and the Humanities

                        National Endowment for the Arts

                            grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $122,972,000, shall be
    available to the National Endowment for the Arts for the support of
    projects and productions in the arts through assistance to
    organizations and individuals pursuant to sections 5(c) and 5(g) of the
    Act, including $21,729,000 for support of arts education and public
    outreach activities through the Challenge America program, for program
    support, and for administering the functions of the Act, to remain
    available until expended: Provided, That funds previously appropriated
    to the National Endowment for the Arts ``Matching Grants'' account and
    ``Challenge America'' account may be transferred to and merged with
    this account.

                     National Endowment for the Humanities

                            grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $123,877,000, shall be
    available to the National Endowment for the Humanities for support of
    activities in the humanities, pursuant to section 7(c) of the Act, and
    for administering the functions of the Act, to remain available until
    expended.

                                 matching grants

        To carry out the provisions of section 10(a)(2) of the National
    Foundation on the Arts and the Humanities Act of 1965, as amended,
    $16,122,000, to remain available until expended, of which $10,436,000
    shall be available to the National Endowment for the Humanities for the
    purposes of section 7(h): Provided, That this appropriation shall be
    available for obligation only in such amounts as may be equal to the
    total amounts of gifts, bequests, and devises of money, and other
    property accepted by the chairman or by grantees of the Endowment under
    the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
    current and preceding fiscal years for which equal amounts have not
    previously been appropriated.

                           Administrative Provisions

        None of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used to process any grant or contract
    documents which do not include the text of 18 U.S.C. 1913: Provided,
    That none of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used for official reception and
    representation expenses: Provided further, That funds from
    nonappropriated sources may be used as necessary for official reception
    and representation expenses: Provided further, That the Chairperson of
    the National Endowment for the Arts may approve grants up to $10,000,
    if in the aggregate this amount does not exceed 5 percent of the sums
    appropriated for grant-making purposes per year: Provided further, That
    such small grant actions are taken pursuant to the terms of an
    expressed and direct delegation of authority from the National Council
    on the Arts to the Chairperson.

                            Commission of Fine Arts

                              Salaries and Expenses

        For expenses made necessary by the Act establishing a Commission of
    Fine Arts (40 U.S.C. 104), $1,793,000: Provided, That the Commission is
    authorized to charge fees to cover the full costs of its publications,
    and such fees shall be credited to this account as an offsetting
    collection, to remain available until expended without further
    appropriation.

                    National Capital Arts and Cultural Affairs

        For necessary expenses as authorized by Public Law 99-190 (20
    U.S.C. 956(a)), as amended, $7,000,000.

                   Advisory Council on Historic Preservation

                              Salaries and Expenses

        For necessary expenses of the Advisory Council on Historic
    Preservation (Public Law 89-665, as amended), $4,600,000: Provided,
    That none of these funds shall be available for compensation of level V
    of the Executive Schedule or higher positions.

                      National Capital Planning Commission

                              salaries and expenses

        For necessary expenses, as authorized by the National Capital
    Planning Act of 1952 (40 U.S.C. 71-71i), including services as
    authorized by 5 U.S.C. 3109, $8,000,000: Provided, That one-quarter of
    1 percent of the funds provided under this heading may be used for
    official reception and representational expenses to host international
    visitors engaged in the planning and physical development of world
    capitals.

                    United States Holocaust Memorial Museum

                            Holocaust Memorial Museum

        For expenses of the Holocaust Memorial Museum, as authorized by
    Public Law 106-292 (36 U.S.C. 2301-2310), $41,433,000, of which
    $1,900,000 for the museum's repair and rehabilitation program and
    $1,264,000 for the museum's exhibitions program shall remain available
    until expended.

                                 Presidio Trust

                               presidio trust fund

        For necessary expenses to carry out title I of the Omnibus Parks
    and Public Lands Management Act of 1996, $20,000,000 shall be available
    to the Presidio Trust, to remain available until expended.

                         TITLE III--GENERAL PROVISIONS

        Sec. 301. The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or
    under existing Executive order issued pursuant to existing law.
        Sec. 302. No part of any appropriation contained in this Act shall
    be available for any activity or the publication or distribution of
    literature that in any way tends to promote public support or
    opposition to any legislative proposal on which congressional action is
    not complete.
        Sec. 303. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 304. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to provide a personal cook,
    chauffeur, or other personal servants to any officer or employee of
    such department or agency except as otherwise provided by law.
        Sec. 305. No assessments may be levied against any program, budget
    activity, subactivity, or project funded by this Act unless notice of
    such assessments and the basis therefor are presented to the Committees
    on Appropriations and are approved by such committees.
        Sec. 306. None of the funds in this Act may be used to plan,
    prepare, or offer for sale timber from trees classified as giant
    sequoia (Sequoiadendron giganteum) which are located on National Forest
    System or Bureau of Land Management lands in a manner different than
    such sales were conducted in fiscal year 2004.
        Sec. 307. (a) Limitation of Funds.--None of the funds appropriated
    or otherwise made available pursuant to this Act shall be obligated or
    expended to accept or process applications for a patent for any mining
    or mill site claim located under the general mining laws.
        (b) Exceptions.--The provisions of subsection (a) shall not apply
    if the Secretary of the Interior determines that, for the claim
    concerned: (1) a patent application was filed with the Secretary on or
    before September 30, 1994; and (2) all requirements established under
    sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
    for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
    Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
    section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
    claims, as the case may be, were fully complied with by the applicant
    by that date.
        (c) Report.--On September 30, 2005, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Resources of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate a report on
    actions taken by the Department under the plan submitted pursuant to
    section 314(c) of the Department of the Interior and Related Agencies
    Appropriations Act, 1997 (Public Law 104-208).
        (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Bureau of
    Land Management to conduct a mineral examination of the mining claims
    or mill sites contained in a patent application as set forth in
    subsection (b). The Bureau of Land Management shall have the sole
    responsibility to choose and pay the third-party contractor in
    accordance with the standard procedures employed by the Bureau of Land
    Management in the retention of third-party contractors.
        Sec. 308. Notwithstanding any other provision of law, amounts
    appropriated to or earmarked in committee reports for the Bureau of
    Indian Affairs and the Indian Health Service by Public Laws 103-138,
    103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291, 107-63,
    108-7, and 108-108 for payments to tribes and tribal organizations for
    contract support costs associated with self-determination or self-
    governance contracts, grants, compacts, or annual funding agreements
    with the Bureau of Indian Affairs or the Indian Health Service as
    funded by such Acts, are the total amounts available for fiscal years
    1994 through 2004 for such purposes, except that, for the Bureau of
    Indian Affairs, tribes and tribal organizations may use their tribal
    priority allocations for unmet indirect costs of ongoing contracts,
    grants, self-governance compacts or annual funding agreements.
        Sec. 309. Of the funds provided to the National Endowment for the
    Arts:
            (1) The Chairperson shall only award a grant to an individual
        if such grant is awarded to such individual for a literature
        fellowship, National Heritage Fellowship, or American Jazz Masters
        Fellowship.
            (2) The Chairperson shall establish procedures to ensure that
        no funding provided through a grant, except a grant made to a State
        or local arts agency, or regional group, may be used to make a
        grant to any other organization or individual to conduct activity
        independent of the direct grant recipient. Nothing in this
        subsection shall prohibit payments made in exchange for goods and
        services.
            (3) No grant shall be used for seasonal support to a group,
        unless the application is specific to the contents of the season,
        including identified programs and/or projects.
        Sec. 310. The National Endowment for the Arts and the National
    Endowment for the Humanities are authorized to solicit, accept,
    receive, and invest in the name of the United States, gifts, bequests,
    or devises of money and other property or services and to use such in
    furtherance of the functions of the National Endowment for the Arts and
    the National Endowment for the Humanities. Any proceeds from such
    gifts, bequests, or devises, after acceptance by the National Endowment
    for the Arts or the National Endowment for the Humanities, shall be
    paid by the donor or the representative of the donor to the Chairman.
    The Chairman shall enter the proceeds in a special interest-bearing
    account to the credit of the appropriate endowment for the purposes
    specified in each case.
        Sec. 311. (a) In providing services or awarding financial
    assistance under the National Foundation on the Arts and the Humanities
    Act of 1965 from funds appropriated under this Act, the Chairperson of
    the National Endowment for the Arts shall ensure that priority is given
    to providing services or awarding financial assistance for projects,
    productions, workshops, or programs that serve underserved populations.
        (b) In this section:
            (1) The term ``underserved population'' means a population of
        individuals, including urban minorities, who have historically been
        outside the purview of arts and humanities programs due to factors
        such as a high incidence of income below the poverty line or to
        geographic isolation.
            (2) The term ``poverty line'' means the poverty line (as
        defined by the Office of Management and Budget, and revised
        annually in accordance with section 673(2) of the Community
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family
        of the size involved.
        (c) In providing services and awarding financial assistance under
    the National Foundation on the Arts and Humanities Act of 1965 with
    funds appropriated by this Act, the Chairperson of the National
    Endowment for the Arts shall ensure that priority is given to providing
    services or awarding financial assistance for projects, productions,
    workshops, or programs that will encourage public knowledge, education,
    understanding, and appreciation of the arts.
        (d) With funds appropriated by this Act to carry out section 5 of
    the National Foundation on the Arts and Humanities Act of 1965--
            (1) the Chairperson shall establish a grant category for
        projects, productions, workshops, or programs that are of national
        impact or availability or are able to tour several States;
            (2) the Chairperson shall not make grants exceeding 15 percent,
        in the aggregate, of such funds to any single State, excluding
        grants made under the authority of paragraph (1);
            (3) the Chairperson shall report to the Congress annually and
        by State, on grants awarded by the Chairperson in each grant
        category under section 5 of such Act; and
            (4) the Chairperson shall encourage the use of grants to
        improve and support community-based music performance and
        education.
        Sec. 312. No part of any appropriation contained in this Act shall
    be expended or obligated to complete and issue the 5-year program under
    the Forest and Rangeland Renewable Resources Planning Act.
        Sec. 313. None of the funds in this Act may be used to support
    Government-wide administrative functions unless such functions are
    justified in the budget process and funding is approved by the House
    and Senate Committees on Appropriations.
        Sec. 314. Notwithstanding any other provision of law, for fiscal
    year 2005 the Secretaries of Agriculture and the Interior are
    authorized to limit competition for watershed restoration project
    contracts as part of the ``Jobs in the Woods'' Program established in
    Region 10 of the Forest Service to individuals and entities in
    historically timber-dependent areas in the States of Washington,
    Oregon, northern California, Idaho, Montana, and Alaska that have been
    affected by reduced timber harvesting on Federal lands. The Secretaries
    shall consider the benefits to the local economy in evaluating bids and
    designing procurements which create economic opportunities for local
    contractors.
        Sec. 315. Amounts deposited during fiscal year 2004 in the roads
    and trails fund provided for in the 14th paragraph under the heading
    ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C.
    501), shall be used by the Secretary of Agriculture, without regard to
    the State in which the amounts were derived, to repair or reconstruct
    roads, bridges, and trails on National Forest System lands or to carry
    out and administer projects to improve forest health conditions, which
    may include the repair or reconstruction of roads, bridges, and trails
    on National Forest System lands in the wildland-community interface
    where there is an abnormally high risk of fire. The projects shall
    emphasize reducing risks to human safety and public health and property
    and enhancing ecological functions, long-term forest productivity, and
    biological integrity. The projects may be completed in a subsequent
    fiscal year. Funds shall not be expended under this section to replace
    funds which would otherwise appropriately be expended from the timber
    salvage sale fund. Nothing in this section shall be construed to exempt
    any project from any environmental law.
        Sec. 316. Other than in emergency situations, none of the funds in
    this Act may be used to operate telephone answering machines during
    core business hours unless such answering machines include an option
    that enables callers to reach promptly an individual on-duty with the
    agency being contacted.
        Sec. 317. No timber sale in Region 10 shall be advertised if the
    indicated rate is deficit when appraised using a residual value
    approach that assigns domestic Alaska values for western redcedar.
    Program accomplishments shall be based on volume sold. Should Region 10
    sell, in the current fiscal year, the annual average portion of the
    decadal allowable sale quantity called for in the current Tongass Land
    Management Plan in sales which are not deficit when appraised using a
    residual value approach that assigns domestic Alaska values for western
    redcedar, all of the western redcedar timber from those sales which is
    surplus to the needs of domestic processors in Alaska, shall be made
    available to domestic processors in the contiguous 48 United States at
    prevailing domestic prices. Should Region 10 sell, in the current
    fiscal year, less than the annual average portion of the decadal
    allowable sale quantity called for in the Tongass Land Management Plan
    in sales which are not deficit when appraised using a residual value
    approach that assigns domestic Alaska values for western redcedar, the
    volume of western redcedar timber available to domestic processors at
    prevailing domestic prices in the contiguous 48 United States shall be
    that volume: (1) which is surplus to the needs of domestic processors
    in Alaska; and (2) is that percent of the surplus western redcedar
    volume determined by calculating the ratio of the total timber volume
    which has been sold on the Tongass to the annual average portion of the
    decadal allowable sale quantity called for in the current Tongass Land
    Management Plan. The percentage shall be calculated by Region 10 on a
    rolling basis as each sale is sold (for purposes of this amendment, a
    ``rolling basis'' shall mean that the determination of how much western
    redcedar is eligible for sale to various markets shall be made at the
    time each sale is awarded). Western redcedar shall be deemed ``surplus
    to the needs of domestic processors in Alaska'' when the timber sale
    holder has presented to the Forest Service documentation of the
    inability to sell western redcedar logs from a given sale to domestic
    Alaska processors at a price equal to or greater than the log selling
    value stated in the contract. All additional western redcedar volume
    not sold to Alaska or contiguous 48 United States domestic processors
    may be exported to foreign markets at the election of the timber sale
    holder. All Alaska yellow cedar may be sold at prevailing export prices
    at the election of the timber sale holder.
        Sec. 318. Section 3 of the Act of June 9, 1930 (commonly known as
    the Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended--
            (1) by striking ``The Secretary of Agriculture may, when in
        his'' and inserting ``(a) The Secretary of Agriculture may, when in
        his or her'';
        ``(b) Amounts deposited under subsection (a)'';
            (2) by striking ``may direct:'' and all that follows through
        ``That the Secretary of Agriculture'' and inserting ``may direct.
        The Secretary of Agriculture''; and
            (3) by adding at the end the following new subsection:
        ``(c) Any portion of the balance at the end of a fiscal year in the
    special fund established pursuant to this section that the Secretary of
    Agriculture determines to be in excess of the cost of doing work
    described in subsection (a) (as well as any portion of the balance in
    the special fund that the Secretary determined, before October 1, 2004,
    to be excess of the cost of doing work described in subsection (a), but
    which has not been transferred by that date) shall be transferred to
    miscellaneous receipts, National Forest Fund, as a National Forest
    receipt, but only if the Secretary also determines that--
            ``(1) the excess amounts will not be needed for emergency
        wildfire suppression during the fiscal year in which the transfer
        would be made; and
            ``(2) the amount to be transferred to miscellaneous receipts,
        National Forest Fund, exceeds the outstanding balance of
        unreimbursed funds transferred from the special fund in prior
        fiscal years for wildfire suppression.''.
        Sec. 319. A project undertaken by the Forest Service under the
    Recreation Fee Demonstration Program as authorized by section 315 of
    the Department of the Interior and Related Agencies Appropriations Act
    for Fiscal Year 1996, as amended, shall not result in--
            (1) displacement of the holder of an authorization to provide
        commercial recreation services on Federal lands. Prior to
        initiating any project, the Secretary shall consult with
        potentially affected holders to determine what impacts the project
        may have on the holders. Any modifications to the authorization
        shall be made within the terms and conditions of the authorization
        and authorities of the impacted agency; and
            (2) the return of a commercial recreation service to the
        Secretary for operation when such services have been provided in
        the past by a private sector provider, except when--
                (A) the private sector provider fails to bid on such
            opportunities;
                (B) the private sector provider terminates its relationship
            with the agency; or
                (C) the agency revokes the permit for non-compliance with
            the terms and conditions of the authorization.
    In such cases, the agency may use the Recreation Fee Demonstration
    Program to provide for operations until a subsequent operator can be
    found through the offering of a new prospectus.
        Sec. 320. Prior to October 1, 2005, the Secretary of Agriculture
    shall not be considered to be in violation of subparagraph 6(f)(5)(A)
    of the Forest and Rangeland Renewable Resources Planning Act of 1974
    (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
    without revision of the plan for a unit of the National Forest System.
    Nothing in this section exempts the Secretary from any other
    requirement of the Forest and Rangeland Renewable Resources Planning
    Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the
    Secretary is not acting expeditiously and in good faith, within the
    funding available, to revise a plan for a unit of the National Forest
    System, this section shall be void with respect to such plan and a
    court of proper jurisdiction may order completion of the plan on an
    accelerated basis.
        Sec. 321. No funds provided in this Act may be expended to conduct
    preleasing, leasing and related activities under either the Mineral
    Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
    Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
    Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
    et seq.) as such boundary existed on January 20, 2001, except where
    such activities are allowed under the Presidential proclamation
    establishing such monument.
        Sec. 322. Extension of Forest Service Conveyances Pilot Program.--
    Section 329 of the Department of the Interior and Related Agencies
    Appropriations Act, 2002 (16 U.S.C. 580d note; Public Law 107-63) is
    amended--
            (1) in subsection (b), by striking ``30'' and inserting ``40'';
            (2) in subsection (c) by striking ``8'' and inserting ``13'';
        and
            (3) in subsection (d), by striking ``2007'' and inserting
        ``2008''.
        Sec. 323. Section 3(c) of the Harriet Tubman Special Resource Study
    Act (Public Law 106-516; 114 Stat. 2405) is amended by striking
    ``section 8 of section 8'' and inserting ``section 8.''.
        Sec. 324. In entering into agreements with foreign countries
    pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m)
    the Secretary of Agriculture and the Secretary of the Interior are
    authorized to enter into reciprocal agreements in which the individuals
    furnished under said agreements to provide wildfire services are
    considered, for purposes of tort liability, employees of the country
    receiving said services when the individuals are engaged in fire
    suppression: Provided, That the Secretary of Agriculture or the
    Secretary of the Interior shall not enter into any agreement under this
    provision unless the foreign country (either directly or through its
    fire organization) agrees to assume any and all liability for the acts
    or omissions of American firefighters engaged in firefighting in a
    foreign country: Provided further, That when an agreement is reached
    for furnishing fire fighting services, the only remedies for acts or
    omissions committed while fighting fires shall be those provided under
    the laws of the host country, and those remedies shall be the exclusive
    remedies for any claim arising out of fighting fires in a foreign
    country: Provided further, That neither the sending country nor any
    legal organization associated with the firefighter shall be subject to
    any legal action whatsoever pertaining to or arising out of the
    firefighter's role in fire suppression.
        Sec. 325. Notwithstanding any other provision of law or regulation,
    to promote the more efficient use of the health care funding allocation
    for fiscal year 2005, the Eagle Butte Service Unit of the Indian Health
    Service, at the request of the Cheyenne River Sioux Tribe, may pay base
    salary rates to health professionals up to the highest grade and step
    available to a physician, pharmacist, or other health professional and
    may pay a recruitment or retention bonus of up to 25 percent above the
    base pay rate.
        Sec. 326. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 327. None of the funds in this Act may be used to prepare or
    issue a permit or lease for oil or gas drilling in the Finger Lakes
    National Forest, New York, during fiscal year 2005.
        Sec. 328. In awarding a Federal contract with funds made available
    by this Act, the Secretary of Agriculture and the Secretary of the
    Interior (the ``Secretaries'') may, in evaluating bids and proposals,
    give consideration to local contractors who are from, and who provide
    employment and training for, dislocated and displaced workers in an
    economically disadvantaged rural community, including those
    historically timber-dependent areas that have been affected by reduced
    timber harvesting on Federal lands and other forest-dependent rural
    communities isolated from significant alternative employment
    opportunities: Provided, That notwithstanding Federal Government
    procurement and contracting laws the Secretaries may award contracts,
    grants or cooperative agreements to local non-profit entities, Youth
    Conservation Corps or related partnerships with State, local or non-
    profit youth groups, or small or disadvantaged business: Provided
    further, That the contract, grant, or cooperative agreement is for
    forest hazardous fuels reduction, watershed or water quality monitoring
    or restoration, wildlife or fish population monitoring, or habitat
    restoration or management: Provided further, That the terms ``rural
    community'' and ``economically disadvantaged'' shall have the same
    meanings as in section 2374 of Public Law 101-624: Provided further,
    That the Secretaries shall develop guidance to implement this section:
    Provided further, That nothing in this section shall be construed as
    relieving the Secretaries of any duty under applicable procurement
    laws, except as provided in this section.
        Sec. 329. No funds appropriated in this Act for the acquisition of
    lands or interests in lands may be expended for the filing of
    declarations of taking or complaints in condemnation without the
    approval of the House and Senate Committees on Appropriations:
    Provided, That this provision shall not apply to funds appropriated to
    implement the Everglades National Park Protection and Expansion Act of
    1989, or to funds appropriated for Federal assistance to the State of
    Florida to acquire lands for Everglades restoration purposes.
        Sec. 330. Section 338 of Public Law 108-108 is amended by striking
    ``2003'' and inserting ``2004''.
        Sec. 331. Section 315 of the Department of the Interior and Related
    Agencies Appropriations Act, 1996 (as contained in section 101(c) of
    Public Law 104-134; 110 Stat. 1321-200; 16 U.S.C. 460l-6a note), is
    amended--
            (1) in subsection (b), by inserting ``subject to subsection (g)
        but'' before ``notwithstanding'' in the matter preceding paragraph
        (1); and
            (2) by adding at the end the following new subsection:
        ``(g) The Secretary of Agriculture may not charge or collect fees
    under this section for the following:
            ``(1) Admission to a unit of the National Forest System (as
        defined in section 11(a) of the Forest and Rangeland Renewable
        Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
            ``(2) The use either singly or in any combination, of the
        following--
                ``(A) undesignated parking along roads;
                ``(B) overlook sites or scenic pullouts;
                ``(C) information offices and centers that only provide
            general area information and limited services or interpretive
            exhibits; and
                ``(D) dispersed areas for which expenditures in facilities
            or services are limited.''.
        Sec. 332. (a) Limitation on Competitive Sourcing Studies.--
            (1) Of the funds made available by this or any other Act to the
        Department of Energy or the Department of the Interior for fiscal
        year 2005, not more than the maximum amount specified in paragraph
        (2) may be used by the Secretary of Energy or the Secretary of the
        Interior to initiate or continue competitive sourcing studies in
        fiscal year 2005 for programs, projects, and activities for which
        funds are appropriated by this Act until such time as the Secretary
        concerned submits a reprogramming proposal to the Committees on
        Appropriations of the Senate and the House of Representatives, and
        such proposal has been processed consistent with the reprogramming
        guidelines in House Report 108-330.
            (2) For the purposes of paragraph (1) the maximum amount--
                (A) with respect to the Department of Energy is $500,000;
            and
                (B) with respect to the Department of the Interior is
            $3,250,000.
            (3) Of the funds appropriated by this Act, not more than
        $2,000,000 may be used in fiscal year 2005 for competitive sourcing
        studies and related activities by the Forest Service.
        (b) Competitive Sourcing Study Defined.--In this section, the term
    ``competitive sourcing study'' means a study on subjecting work
    performed by Federal Government employees or private contractors to
    public-private competition or on converting the Federal Government
    employees or the work performed by such employees to private contractor
    performance under the Office of Management and Budget Circular A-76 or
    any other administrative regulation, directive, or policy.
        (c) Section 340(b) of Public Law 108-108 is hereby repealed.
        (d) Competitive Sourcing Exemption for Forest Service Studies
    Conducted Prior to Fiscal Year 2005.--Notwithstanding requirements of
    Office of Management and Budget Circular A-76, Attachment B, the Forest
    Service is hereby exempted from implementing the Letter of Obligation
    and post-competition accountability guidelines where a competitive
    sourcing study involved 65 or fewer full-time equivalents, the
    performance decision was made in favor of the agency provider; no net
    savings was achieved by conducting the study, and the study was
    completed prior to the date of this Act.
        (e) In preparing any reports to the Committees on Appropriations on
    competitive sourcing activities, agencies funded in this Act shall
    include the incremental cost directly attributable to conducting the
    competitive sourcing competitions, including costs attributable to
    paying outside consultants and contractors and, in accordance with full
    cost accounting principles, all costs attributable to developing,
    implementing, supporting, managing, monitoring, and reporting on
    competitive sourcing, including personnel, consultant, travel, and
    training costs associated with program management.
        Sec. 333. Estimated overhead charges, deductions, reserves or
    holdbacks from programs, projects and activities to support
    governmentwide, departmental, agency or bureau administrative functions
    or headquarters, regional or central office operations shall be
    presented in annual budget justifications. Changes to such estimates
    shall be presented to the Committees on Appropriations for approval.
        Sec. 334. None of the funds in this Act or prior Acts making
    appropriations for the Department of the Interior and Related Agencies
    may be provided to the managing partners or their agents for the
    SAFECOM or Disaster Management projects.
        Sec. 335. Conveyance of a Small Parcel of Public Domain Land in the
    San Bernardino National Forest in the State of California. (a)
    Findings.--The Congress finds that--
            (1) a select area of the San Bernardino National Forest in
        California is heavily developed with recreation residences and is
        immediately adjacent to comparably developed private property;
            (2) it is in the public interest to convey the above referenced
        area to the owners of the recreation residences; and
            (3) the Secretary of Agriculture should use the proceeds of
        such conveyance for critical San Bernardino National Forest
        infrastructure improvements or to acquire additional lands within
        the boundaries of the San Bernardino National Forest.
        (b) Conveyance Required.--Subject to valid existing rights and such
    terms, conditions, and restrictions as the Secretary deems necessary or
    desirable in the public interest, the Secretary of Agriculture shall
    convey to the Mill Creek Homeowners Association (hereinafter
    Association) all right, title, and interest of the United States in and
    to the Mill Creek parcel of real estate described in subsection (c)(1).
    In the event the Secretary and the Association for any reason do not
    complete the sale within 2 years from the date of enactment of this
    Act, this authority shall expire.
        (c) Legal Description and Correction Authority.--
            (1) Description.--The Mill Creek parcel, approximately 35
        acres, as shown on a map ``The Mill Creek Conveyance Parcel--San
        Bernardino National Forest, dated June 1, 2004'' generally located
        in the northeast quarter of Section 8, T.1S., R.1W., San Bernardino
        Meridian, of the United States Public Lands Survey System,
        California. The map shall be on file and available for inspection
        in the office of the Chief, Forest Service, Washington, DC and in
        the office of the Forest Supervisor, San Bernardino National Forest
        until such time as the lands are conveyed.
            (2) Corrections.--The Secretary is authorized to make minor
        corrections to this map and may modify the description to correct
        errors or to reconfigure the property in order to facilitate
        conveyance. In the event of a conflict between the map description
        and the USPLSS description of the land in paragraph (1), the map
        will be considered the definitive description of the land.
        (d) Consideration.--Consideration for the conveyance under
    subsection (b) shall be equal to the appraised fair market value of the
    parcel of real property to be conveyed. Such appraisal shall be
    prepared in conformity with the Uniform Appraisal Standards for Federal
    Land Acquisition.
        (e) Access Requirements.--Notwithstanding section 1323(a) of the
    Alaska National Interest Lands Conservation Act (16 U.S.C. 3210(a)) or
    any other law, the Secretary is not required to provide access over
    National Forest System lands to the parcel of real estate to be
    conveyed under subsection (b).
        (f) Administrative Costs.--All costs incurred by the Secretary of
    Agriculture and any costs associated with the creation of a subdivided
    parcel, conducting and recordation of a survey, zoning, planning
    approval, and similar expenses with respect to the conveyance under
    subsection (b), shall be borne by the Association.
        (g) Assumption of Liability.--By acceptance of the conveyance of
    the parcel of real property referred to in subsection (b), the
    Association and its successors and assigns will indemnify and hold
    harmless the United States for any and all liability to any party that
    is associated with the parcel.
        (h) Treatment of Receipts.--All funds received pursuant to the
    conveyance of the parcel of real property referred to in subsection (b)
    shall be deposited in the fund established under Public Law 90-171 (16
    U.S.C. 484a; commonly known as the Sisk Act), and the funds shall
    remain available to the Secretary, until expended, for critical San
    Bernardino National Forest infrastructure improvements or the
    acquisition of lands, waters, and interests in land for inclusion in
    the San Bernardino National Forest.
        Sec. 336. Section 331 of the Department of the Interior and Related
    Agencies Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 996),
    is amended--
            (1) in subsection (a), by striking ``Until September 30, 2004,
        the'' and inserting ``The''; and
            (2) by adding at the end the following new subsections:
        ``(d) Inclusion of Colorado BLM Lands.--The authority provided by
    this section shall also be available to the Secretary of the Interior
    with respect to public lands in the State of Colorado administered by
    the Secretary through the Bureau of Land Management.
        ``(e) Expiration of Authority.--The authority of the Secretary of
    Agriculture and the Secretary of the Interior to enter into cooperative
    agreements and contracts under this section expires September 30, 2009,
    and the term of any cooperative agreement or contract entered into
    under this section shall not extend beyond that date.''.
        Sec. 337. Federal and State Cooperative Forest, Rangeland, and
    Watershed Restoration in Utah. (a) Authority.--Until September 30,
    2006, the Secretary of Agriculture, via cooperative agreement or
    contract (including sole source contract) as appropriate, may permit
    the State Forester of the State of Utah to perform forest, rangeland,
    and watershed restoration services on National Forest System lands in
    the State of Utah. Restoration services provided are to be on a project
    to project basis as planned or made ready for implementation under
    existing authorities of the Forest Service. The types of restoration
    services that may be contracted under this authority include treatment
    of insect infected trees, reduction of hazardous fuels, and other
    activities to restore or improve forest, rangeland, and watershed
    health including fish and wildlife habitat.
        (b) State as Agent.--Except as provided in subsection (c), a
    cooperative agreement or contract under subsection (a) may authorize
    the State Forester of the State of Utah to serve as agent for the
    Forest Service in providing services necessary to facilitate the
    performance and treatment of insect infested trees, reduction of
    hazardous fuels, and to restore or improve forest, rangeland, and
    watershed health including fish and wildlife habitat under subsection
    (a). The services to be performed by the State Forester of Utah may be
    conducted with subcontracts utilizing State of Utah contract
    procedures. Subsections (d) and (g) of section 14 of the National
    Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to
    services performed under a cooperative agreement or contract under
    subsection (a).
        (c) Retention of NEPA Responsibilities.--With respect to any
    treatment activity to restore and improve forest, rangeland, and
    watershed health including fish and wildlife habitat services on
    National Forest System lands programmed for treatment by the State
    Forester of the State of Utah under subsection (a), any decision
    required to be made under the National Environmental Policy Act of 1969
    (42 U.S.C. 4821 et seq.) may not be delegated to any officer or
    employee of the State of Utah.
        Sec. 338. (a) In General.--An entity that enters into a contract
    with the United States to operate the National Recreation Reservation
    Service (as solicited by the solicitation numbered WO-04-06vm) shall
    not carry out any duties under the contract using:
            (1) a contact center located outside the United States; or
            (2) a reservation agent who does not live in the United States.
        (b) No Waiver.--The Secretary of Agriculture may not waive the
    requirements of subsection (a).
        (c) Telecommuting.--A reservation agent who is carrying out duties
    under the contract described in subsection (a) may not telecommute from
    a location outside the United States.
        (d) Limitations.--Nothing in this Act shall be construed to apply
    to any employee of the entity who is not a reservation agent carrying
    out the duties under the contract described in subsection (a) or who
    provides managerial or support services.
        Sec. 339. For fiscal years 2005 through 2007, a decision made by
    the Secretary of Agriculture to authorize grazing on an allotment shall
    be categorically excluded from documentation in an environmental
    assessment or an environmental impact statement under the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if: (1) the
    decision continues current grazing management of the allotment; (2)
    monitoring indicates that current grazing management is meeting, or
    satisfactorily moving toward, objectives in the land and resource
    management plan, as determined by the Secretary; and (3) the decision
    is consistent with agency policy concerning extraordinary
    circumstances. The total number of allotments that may be categorically
    excluded under this section may not exceed 900.
        Sec. 340. Salmon River Commercial Outfitter Hunting Camps. Section
    3(a)(24) of Public Law 90-542 (16 U.S.C. 1274) is amended to add the
    following after paragraph (C) and redesignate subsequent paragraphs
    accordingly:
                ``(D) The established use and occupancy as of June 6, 2003,
            of lands and maintenance or replacement of facilities and
            structures for commercial recreation services at Stub Creek
            located in section 28, T24N, R14E, Boise Principal Meridian, at
            Arctic Creek located in section 21, T25N, R12E, Boise Principal
            Meridian and at Smith Gulch located in section 27, T25N, R12E,
            Boise Principal Meridian shall continue to be authorized,
            subject to such reasonable regulation as the Secretary deems
            appropriate, including rules that would provide for termination
            for non-compliance, and if terminated, reoffering the site
            through a competitive process.''.
        Sec. 341. (a) In General.--
            (1) The Secretary of Agriculture and the Secretary of the
        Interior are authorized to make grants to the Eastern Nevada
        Landscape Coalition for the study and restoration of rangeland and
        other lands in Nevada's Great Basin in order to help assure the
        reduction of hazardous fuels and for related purposes.
            (2) Notwithstanding 31 U.S.C. 6301-6308, the Director of the
        Bureau of Land Management shall enter into a cooperative agreement
        with the Eastern Nevada Landscape Coalition for the Great Basin
        Restoration Project, including hazardous fuels and mechanical
        treatments and related work.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
        Sec. 342. (a) Findings.--
            (1) In 1953, Public Land Order 899 (PLO 899) eliminated
        approximately 80 acres from the Tongass National Forest, for the
        Community of Elfin Cove, Alaska. From 1953 until 2001, the USDA
        Forest Service believed two small islets within the Elfin Cove
        Harbor (Lots 1 and 2 of U.S. Survey 13150, approximately 0.29
        acres) were included as part of PLO 899. However, due to a Bureau
        of Land Management rule in effect when PLO 899 was issued,
        ownership of unsurveyed, unmapped islets remained with the original
        landowner, in this case the United States.
            (2) These two islets are needed by the Community of Elfin Cove
        to resolve public health and safety problems.
            (3) The two islets serve no national forest purposes, but the
        Forest Service has no authority to transfer ownership of them to
        the Community of Elfin Cove, without receiving fair market value
        for the land interests.
            (4) Neither the Bureau of Land Management nor the Forest
        Service intended to retain Federal ownership of these two islets,
        and they remained in ownership of the United States only through an
        inadvertent error.
            (5) Conveyance of these two islets from the United States to
        the Community of Elfin Cove, Alaska, without consideration, is in
        the public interest.
        (b) Based on the findings in subsection (a) and notwithstanding any
    other provision of law, Congress hereby authorizes and directs the
    Secretary of Agriculture to convey in fee simple without compensation,
    Lots 1 and 2 of U.S. Survey 13150, comprising approximately 0.29 acres,
    to the Community of Elfin Cove, Alaska.
        Sec. 343. (a) Notwithstanding any other provision of law, and until
    October 1, 2007, the Indian Health Service may not disburse funds for
    the provision of health care services pursuant to Public Law 93-638 (25
    U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native
    village corporation that is located within the area served by an Alaska
    Native regional health entity.
        (b) Nothing in this section shall be construed to prohibit the
    disbursal of funds to any Alaska Native village or Alaska Native
    village corporation under any contract or compact entered into prior to
    May 1, 2004, or to prohibit the renewal of any such agreement.
        (c) For the purpose of this section, Eastern Aleutian Tribes, Inc.,
    shall be treated as an Alaska Native regional health entity to whom
    funds may be disbursed under this section.
        Sec. 344. Notwithstanding any other provision of law and using
    funds previously appropriated for such purpose under Public Law 106-291
    ($1,630,000) and Public Law 108-199 ($2,300,000), the National Park
    Service shall (1) not later than 60 days after enactment of this
    section purchase the seven parcels of real property in Seward, Alaska
    identified by Kenai Peninsula tax identification numbers 14910001,
    14910002, 14911033, 14913005, 14913020, 14913007, and 14913008 that
    have been selected for the administrative complex, visitor facility,
    plaza and related parking for the Kenai Fjords National Park and
    Chugach National Forest which shall hereafter be known as the Mary
    Lowell Center; and (2) transfer to the City of Seward any remaining
    balance of previously appropriated funds not necessary for property
    acquisition and design upon the vacation by the City of Seward of
    Washington Street between 4th Avenue and 5th Avenue and transfer of
    title of the appropriate portions thereof to the Federal Government,
    provided that the City of Seward uses any such funds for the related
    waterfront planning, pavilions, boardwalks, trails, or related purposes
    that compliment the new Federal facility.
        Sec. 345. Section 331, of Public Law 106-113, is amended--
            (1) in part (a) by striking ``2004'' and inserting ``2005'';
        and
            (2) in part (b) by striking ``2004'' and inserting ``2005''.
        Sec. 346. Federal Building, Sandpoint, Idaho. (a) Definitions.--In
    this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of General Services.
            (2) Map.--The term ``map'' means the map that is--
                (A) entitled ``Sandpoint Federal Building'';
                (B) dated September 12, 2002; and
                (C) on file in--
                    (i) the Office of the Chief of the Forest Service; and
                    (ii) the Office of the Supervisor, Idaho National
                Forests, Coeur d'Alene, Idaho.
            (3) Property.--The term ``property'' means the Sandpoint
        Federal Building and approximately 3.17 acres of land in Sandpoint,
        Idaho, as depicted on the map.
            (4) Secretary.--The term ``Secretary'' means the Secretary of
        Agriculture, acting through the Chief of the Forest Service.
        (b) Conveyance of Property.--
            (1) In general.--Notwithstanding subtitle I of title 40, United
        States Code, the Administrator may convey to the Secretary, all
        right, title, and interest of the United States in and to the
        property.
            (2) Conditions.--The conveyance of the property under paragraph
        (1) shall be on a noncompetitive basis, for consideration, and
        subject to any other terms and conditions to which the
        Administrator and the Secretary may agree, including a purchase
        period with multiple payments over multiple fiscal years.
            (3) Source of funds.--The Secretary may use amounts made
        available to the Forest Service for any of fiscal years 2005
        through 2010 to acquire the property under paragraph (1).
        (c) Sale or Exchange of Property.--
            (1) In general.--Subject to paragraph (2), the Secretary may
        use, maintain, lease, sublease, sell, or exchange all or part of
        the property.
            (2) Terms.--The sale or exchange of the property under
        paragraph (1) shall be for market value and subject to such terms
        as the Secretary determines to be in the public interest.
            (3) Method of sale or exchange.--The sale or exchange of the
        property under paragraph (1) may be on a competitive or
        noncompetitive basis.
            (4) Consideration.--Consideration for the sale or exchange of
        the property may be in the form of cash, land, or improvements
        (including improvements to be constructed after the date of the
        sale or exchange).
            (3) Disposition and use of proceeds.--
                (A) Disposition of proceeds.--The Secretary shall deposit
            the proceeds derived from any lease, sublease, sale, exchange,
            or any other use or disposition of the property in the fund
            established by Public Law 90-171 (commonly known as the ``Sisk
            Act'') (16 U.S.C. 484a).
                (B) Use of proceeds.--Amounts deposited under subparagraph
            (A) shall be available to the Secretary, without further
            appropriation, until expended, for the construction and
            maintenance of Forest Service offices and related facilities on
            National Forest System land in the vicinity of Sandpoint,
            Idaho.
        Sec. 347. (a) Short Title.--This section may be cited as the
    ``Chris Zajicek Memorial Land Exchange Act of 2004''.
        (b) National Forest System Land Exchange in the State of Florida.--
            (1) In general.--Notwithstanding the effect of the wildfire
        known as the ``Impassable 1 Fire'' on the value of the land to be
        exchanged, the Secretary of Agriculture (acting through the Chief
        of the Forest Service) may carry out the exchange agreement entered
        into by the Forest Service and the Board of Trustees of the
        Internal Improvement Trust Fund of the State of Florida and dated
        March 5, 2004.
            (2) Valuation.--For purposes of determining the value of the
        land to be exchanged under paragraph (1), the value of the land
        shall be considered to be the value of the land determined by the
        appraisal conducted on August 21, 2003.
        Sec. 348. (a) Short Title.--This section may be cited as the ``Grey
    Towers National Historic Site Act of 2004''.
        (b) Findings; Purposes; Definitions.--
            (1) Findings.--Congress finds the following:
                (A) James and Mary Pinchot constructed a home and estate
            that is known as Grey Towers in Milford, Pennsylvania.
                (B) James and Mary Pinchot were also the progenitors of a
            family of notable accomplishment in the history of the
            Commonwealth of Pennsylvania and the Nation, in particular,
            their son, Gifford Pinchot.
                (C) Gifford Pinchot was the first Chief of the Forest
            Service, a major influence in formulating and implementing
            forest conservation policies in the early 20th Century, and
            twice Governor of Pennsylvania.
                (D) During the early 20th century, James and Gifford
            Pinchot used Grey Towers and the environs to establish
            scientific forestry, to develop conservation leaders, and to
            formulate conservation principles, thus making this site one of
            the primary birthplaces of the American conservation movement.
                (E) In 1963, Gifford Bryce Pinchot, the son of Gifford and
            Cornelia Pinchot, donated Grey Towers and 102 acres to the
            Nation.
                (F) In 1963, President John F. Kennedy dedicated the
            Pinchot Institute for Conservation for the greater knowledge of
            land and its uses at Grey Towers National Historic Landmark,
            thereby establishing a partnership between the public and
            private sectors.
                (G) Grey Towers today is a place of historical significance
            where leaders in natural resource conservation meet, study, and
            share ideas, analyses, values, and philosophies, and is also a
            place where the public can learn and appreciate our
            conservation heritage.
                (H) As established by President Kennedy, the Pinchot
            Institute for Conservation, and the Forest Service at Grey
            Towers operate through an established partnership in developing
            and delivering programs that carry on Gifford Pinchot's
            conservation legacy.
                (I) Grey Towers and associated structures in and around
            Milford, Pennsylvania, can serve to enhance regional
            recreational and educational opportunities.
            (2) Purposes.--The purposes of this section are as follows:
                (A) To honor and perpetuate the memory of Gifford Pinchot.
                (B) To promote the recreational and educational resources
            of Milford, Pennsylvania, and its environs.
                (C) To authorize the Secretary of Agriculture--
                    (i) to further the scientific, policy analysis,
                educational, and cultural programs in natural resource
                conservation at Grey Towers;
                    (ii) to manage the property and environs more
                efficiently and effectively; and
                    (iii) to further collaborative ties with the Pinchot
                Institute for Conservation, and other Federal, State, and
                local agencies with shared interests.
            (3) Definitions.--For the purposes of this section:
                (A) Associated properties.--The term ``Associated
            Properties'' means lands and improvements outside of the Grey
            Towers National Historic Landmark within Pike County,
            Pennsylvania, and which were associated with James and Mary
            Pinchot, the Yale School of Forestry, or the Forest Service.
                (B) Grey towers.--The term ``Grey Towers'' means the
            buildings and surrounding area of approximately 303 acres,
            including the 102 acres donated in 1963 to the United States
            and so designated that year.
                (C) Historic site.--The term ``Historic Site'' means the
            Grey Towers National Historic Site, as so designated by this
            Act.
                (D) Pinchot institute.--The term ``Pinchot Institute''
            means the Pinchot Institute for Conservation, a nonprofit
            corporation established under the laws of the District of
            Columbia.
                (E) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.
        (c) Designation of National Historic Site.--Subject to valid
    existing rights, all lands and improvements formerly encompassed within
    the Grey Towers National Historic Landmark are designated as the ``Grey
    Towers National Historic Site''.
        (d) Administration.--
            (1) Purposes.--The Historic Site shall be administered for the
        following purposes:
                (A) Education, public demonstration projects, and research
            related to natural resource conservation, protection,
            management, and use.
                (B) Leadership development within the natural resource
            professions and the Federal civil service.
                (C) Continuing Gifford Pinchot's legacy through pursuit of
            new ideas, strategies, and solutions to natural resource issues
            that include economic, ecological, and social values.
                (D) Preservation, use, and maintenance of the buildings,
            grounds, facilities, and archives associated with Gifford
            Pinchot.
                (E) Study and interpretation of the life and works of
            Gifford Pinchot.
                (F) Public recreation and enjoyment.
                (G) Protection and enjoyment of the scenic and natural
            environs.
            (2) Applicable laws.--The Secretary shall administer federally
        owned lands and interests in lands at the Historic Site and
        Associated Properties as components of the National Forest System
        in accordance with this Act, 16 U.S.C. 461 et seq. and other laws
        generally applicable to the administration of national historic
        sites, and the laws, rules, and regulations applicable to the
        National Forest System, except that the Forest and Rangeland
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.)
        shall not apply.
            (3) Land acquisition.--The Secretary is authorized to acquire,
        on a willing seller basis, by purchase, donation, exchange, or
        otherwise, privately owned lands and interests in lands, including
        improvements, within the Historic Site and the Associated
        Properties, using donated or appropriated funds.
            (4) Gifts.--
                (A) Accepted by entities other than the secretary.--Subject
            to such terms and conditions as the Secretary may prescribe,
            any public or private agency, organization, institution, or
            individual may solicit, accept, and administer private gifts of
            money and real or personal property for the benefit of or in
            connection with, the activities and services at the Historic
            Site.
                (B) Accepted by the secretary.--Gifts may be accepted by
            the Secretary for the benefit of or in connection with, the
            activities and services at the Historic Site notwithstanding
            the fact that a donor conducts business with or is regulated by
            the Department of Agriculture in any capacity.
        (e) Cooperative Authorities.--
            (1) Grants, contracts, and cooperative agreements.--The
        Secretary is authorized to enter into Agreements for grants,
        contracts, and cooperative agreements as appropriate with the
        Pinchot Institute, public and other private agencies,
        organizations, institutions, and individuals to provide for the
        development, administration, maintenance, or restoration of land,
        facilities, or Forest Service programs at Grey Towers or to
        otherwise further the purposes of this section.
            (2) Interdepartmental.--The Secretary and the Secretary of the
        Interior are authorized and encouraged to cooperate in promoting
        public use and enjoyment of Grey Towers and the Delaware Water Gap
        National Recreation Area and in otherwise furthering the
        administration and purposes for which both areas were designated.
        Such cooperation may include colocation and use of facilities
        within Associated Properties and elsewhere.
            (3) Other.--The Secretary may authorize use of the grounds and
        facilities of Grey Towers by the Pinchot Institute and other
        participating partners including Federal, State, and local
        agencies, on such terms and conditions as the Secretary may
        prescribe, including the waiver of special use authorizations and
        the waiver of rental and use fees.
        (f) Funds.--
            (1) Fees and charges.--The Secretary may impose reasonable fees
        and charges for admission to and use of facilities on Grey Towers.
            (2) Special fund.--Any monies received by the Forest Service in
        administering Grey Towers shall be deposited into the Treasury of
        the United States and covered in a special fund called the Grey
        Towers National Historic Site Fund. Monies in the Grey Towers
        National Historic Site Fund shall be available until expended,
        without further appropriation, for support of programs of Grey
        Towers, and any other expenses incurred in the administration of
        Grey Towers.
        (g) Map.--The Secretary shall produce and keep for public
    inspection a map of the Historic Site and associated properties within
    Pike County, Pennsylvania, which were associated with James and Mary
    Pinchot, the Yale School of Forestry, or the Forest Service.
        (h) Savings Provision.--Nothing in this section shall be deemed to
    diminish the authorities of the Secretary under the Cooperative
    Forestry Assistance Act or any other law pertaining to the National
    Forest System.
        Sec. 349. (a) Short Title.--This section may be cited as the
    ``Montana National Forests Boundary Adjustment Act of 2004''.
        (b) Definitions.--In this section:
            (1) Forests.--The term ``Forests'' means the Helena National
        Forest, Lolo National Forest, and Beaverhead-Deerlodge National
        Forest in the State of Montana.
            (2) Map.--The term ``map'' means--
                (A) the map entitled ``Helena National Forest Boundary
            Adjustment Northern Region, USDA Forest Service'' and dated
            September 13, 2004;
                (B) the map entitled ``Lolo National Forest Boundary
            Adjustment Northern Region, USDA Forest Service'' and dated
            September 13, 2004; and
                (C) the map entitled ``Deerlodge National Forest Boundary
            Adjustment Northern Region USDA Forest Service'' and dated
            September 13, 2004.
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        Agriculture.
        (c) Helena, Lolo, and Beaverhead-Deerlodge National Forests
    Boundary Adjustment.--
            (1) In general.--The boundaries of the Forests are modified as
        depicted on the maps.
            (2) Maps.--
                (A) Availability.--The maps shall be on file and available
            for public inspection in--
                    (i) the Office of the Chief of the Forest Service; and
                    (ii) the office of the Regional Forester, Missoula,
                Montana.
                (B) Correction authority.--The Secretary may make technical
            corrections to the maps.
            (3) Administration.--Any land or interest in land acquired
        within the boundaries of the Forests for National Forest System
        purposes shall be managed in accordance with--
                (A) the Act of March 1, 1911 (commonly known as the ``Weeks
            Law'') (16 U.S.C. 480 et seq.); and
                (B) the laws (including regulations) applicable to the
            National Forest System.
            (4) Land and water conservation fund.--For purposes of section
        7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
        460l-9), the boundaries of the Forests, as adjusted under paragraph
        (1), shall be considered to be the boundaries of the Forests as of
        January 1, 1965.
            (5) Effect.--Nothing in this section limits the authority of
        the Secretary to adjust the boundaries of the Forests under section
        11 of the Act of March 1, 1911 (16 U.S.C. 521).
        Sec. 350. In addition to amounts provided to the Department of the
    Interior in this Act, $5,000,000 is provided for a grant to Kendall
    County, Illinois.

        TITLE IV--SUPPLEMENTAL APPROPRIATIONS FOR URGENT WILDLAND FIRE
                             SUPPRESSION ACTIVITIES

                           DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                             WILDLAND FIRE MANAGEMENT

        For an additional amount for ``Wildland Fire Management'',
    $100,000,000, to remain available until expended, for urgent wildland
    fire suppression activities pursuant to section 312 of S. Con. Res. 95
    (108th Congress) as made applicable to the House of Representatives by
    H. Res. 649 (108th Congress) and applicable to the Senate by section
    14007 of Public Law 108-287: Provided, That such funds shall only
    become available if funds provided for wildland fire suppression in
    title I of this Act will be exhausted imminently and the Secretary of
    the Interior notifies the House and Senate Committees on Appropriations
    and the House and Senate Committees on the Budget in writing of the
    need for these additional funds: Provided further, That such funds are
    also available for repayment to other appropriation accounts from which
    funds were transferred for wildfire suppression: Provided further, That
    cost containment measures shall be implemented within this account for
    fiscal year 2005, and the Secretary of the Interior and the Secretary
    of Agriculture shall submit a joint report to the Committees on
    Appropriations of the Senate and the House of Representatives on such
    cost containment measures by December 31, 2005: Provided further, That
    Public Law 108-287, title X, chapter 3 is amended under the heading
    ``Department of the Interior, Bureau of Land Management, Wildland Fire
    Management'', by striking the phrases ``for fiscal year 2004'' and
    ``related to the fiscal year 2004 fire season'' in the text preceding
    the first proviso.

                           DEPARTMENT OF AGRICULTURE

                                 Forest Service

                             WILDLAND FIRE MANAGEMENT

        For an additional amount for ``Wildland Fire Management'',
    $400,000,000, to remain available until expended, for urgent wildland
    fire suppression activities pursuant to section 312 of S. Con. Res. 95
    (108th Congress) as made applicable to the House of Representatives by
    H. Res. 649 (108th Congress) and applicable to the Senate by section
    14007 of Public Law 108-287: Provided, That such funds shall only
    become available if funds provided for wildland fire suppression in
    title II of this Act will be exhausted imminently and the Secretary of
    Agriculture notifies the House and Senate Committees on Appropriations
    and the House and Senate Committees on the Budget in writing of the
    need for these additional funds: Provided further, That such funds are
    also available for repayment to other appropriation accounts from which
    funds were transferred for wildfire suppression: Provided further, That
    cost containment measures shall be implemented within this account for
    fiscal year 2005, and the Secretary of Agriculture and the Secretary of
    the Interior shall submit a joint report to the Committees on
    Appropriations of the Senate and the House of Representatives on such
    cost containment measures by December 31, 2005: Provided further, That
    the Secretary of Agriculture shall establish an independent cost-
    control review panel to examine and report on fire suppression costs
    for individual wildfire incidents that exceed $10,000,000 in cost:
    Provided further, That if the independent review panel report finds
    that appropriate actions were not taken to control suppression costs
    for one or more such wildfire incidents, then an amount equal to the
    aggregate estimated excess costs of suppressing those wildfire
    incidents shall be transferred to the Treasury from unobligated
    balances remaining at the end of fiscal year 2005 in the Wildland Fire
    Management account: Provided further, That Public Law 108-287, title X,
    chapter 3 is amended under the heading ``Department of Agriculture,
    Forest Service, Wildland Fire Management'', by striking the phrases
    ``for fiscal year 2004'' and ``related to the fiscal year 2004 fire
    season'' in the text preceding the first proviso.

                                    TITLE V

        Sec. 501. (a) Across-the-Board Rescissions.--There is hereby
    rescinded an amount equal to 0.594 percent of--
            (1) the budget authority provided for fiscal year 2005 for any
        discretionary account in this Act; and
            (2) the budget authority provided in any advance appropriation
        for fiscal year 2005 for any discretionary account in the
        Department of the Interior and Related Agencies Appropriations Act,
        2004.
        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
            (1) to each discretionary account and each item of budget
        authority described in subsection (a); and
            (2) within each such account and item, to each program,
        project, and activity (with programs, projects, and activities as
        delineated in the appropriation Act or accompanying reports for the
        relevant fiscal year covering such account or item, or for accounts
        and items not included in appropriation Acts, as delineated in the
        most recently submitted President's budget).
        (c) Indian Land and Water Claim Settlements.--Under the heading
    ``Bureau of Indian Affairs, Indian Land and Water Claim Settlements and
    Miscellaneous Payments to Indians'', the across-the-board rescission in
    this section, and any subsequent across-the-board rescission for fiscal
    year 2005, shall apply only to the first dollar amount in the paragraph
    and the distribution of the rescission shall be at the discretion of
    the Secretary of the Interior who shall submit a report on such
    distribution and the rationale therefor to the House and Senate
    Committees on Appropriations.
        This division may be cited as the ``Department of the Interior and
    Related Agencies Appropriations Act, 2005''.

       DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
            EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

                          TITLE I--DEPARTMENT OF LABOR

                     Employment and Training Administration

                         Training and Employment Services

                              (including rescission)

        For necessary expenses of the Workforce Investment Act of 1998,
    including the purchase and hire of passenger motor vehicles, the
    construction, alteration, and repair of buildings and other facilities,
    and the purchase of real property for training centers as authorized by
    such Act; $2,898,957,000 plus reimbursements, of which $1,885,794,000
    is available for obligation for the period July 1, 2005 through June
    30, 2006; except that amounts determined by the Secretary of Labor to
    be necessary pursuant to sections 173(a)(4)(A) and 174(c) of such Act
    shall be available from October 1, 2004 until expended; of which
    $994,242,000 is available for obligation for the period April 1, 2005
    through June 30, 2006, to carry out chapter 4 of the Act; and of which
    $16,321,000 is available for the period July 1, 2005 through June 30,
    2008 for necessary expenses of construction, rehabilitation, and
    acquisition of Job Corps centers: Provided, That notwithstanding any
    other provision of law, of the funds provided herein under section
    137(c) of the Workforce Investment Act of 1998, $283,371,000 shall be
    for activities described in section 132(a)(2)(A) of such Act and
    $1,196,048,000 shall be for activities described in section
    132(a)(2)(B) of such Act: Provided further, That $250,000,000 shall be
    available for Community-Based Job Training Grants, of which
    $125,000,000 shall be from funds reserved under section 132(a)(2)(A) of
    the Workforce Investment Act of 1998 and shall be used to carry out
    such grants under section 171(d) of such Act, except that the 10
    percent limitation otherwise applicable to the amount of funds that may
    be used to carry out section 171(d) shall not be applicable to funds
    used for Community-Based Job Training grants: Provided further, That
    funds provided to carry out section 132(a)(2)(A) of the Workforce
    Investment Act of 1998 may be used to provide assistance to a State for
    State-wide or local use in order to address cases where there have been
    worker dislocations across multiple sectors or across multiple local
    areas and such workers remain dislocated; coordinate the State
    workforce development plan with emerging economic development needs;
    and train such eligible dislocated workers: Provided further, That
    $8,000,000 shall be for carrying out section 172 of the Workforce
    Investment Act of 1998: Provided further, That, notwithstanding any
    other provision of law or related regulation, $76,874,000 shall be for
    carrying out section 167 of the Workforce Investment Act of 1998,
    including $71,787,000 for formula grants, $4,583,000 for migrant and
    seasonal housing (of which not less than 70 percent shall be for
    permanent housing), and $504,000 for other discretionary purposes:
    Provided further, That notwithstanding the transfer limitation under
    section 133(b)(4) of such Act, up to 30 percent of such funds may be
    transferred by a local board if approved by the Governor: Provided
    further, That funds provided to carry out section 171(d) of the
    Workforce Investment Act of 1998 may be used for demonstration projects
    that provide assistance to new entrants in the workforce and incumbent
    workers: Provided further, That funding provided to carry out projects
    under section 171 of the Workforce Investment Act of 1998 that are
    identified in the Conference Agreement, shall not be subject to the
    requirements of section 171(b)(2)(B) of such Act, the requirements of
    section 171(c)(4)(D) of such Act, the joint funding requirements of
    sections 171(b)(2)(A) and 171(c)(4)(A) of such Act, or any time limit
    requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of such Act:
    Provided further, That no funds from any other appropriation shall be
    used to provide meal services at or for Job Corps centers.
        For necessary expenses of the Act, including the purchase and hire
    of passenger motor vehicles, the construction, alteration, and repair
    of buildings and other facilities, and the purchase of real property
    for training centers as authorized by the Act; $2,463,000,000 plus
    reimbursements, of which $2,363,000,000 is available for obligation for
    the period October 1, 2005 through June 30, 2006, and of which
    $100,000,000 is available for the period October 1, 2005 through June
    30, 2008, for necessary expenses of construction, rehabilitation, and
    acquisition of Job Corps centers.
        Of the funds provided under this heading in Public Law 108-199 for
    the Employment and Training Administration, $2,200,000 shall be for a
    non-competitive grant to the AFL-CIO Appalachian Council, Incorporated,
    and shall be awarded no later than January 31, 2005.
        Of the funds provided under this heading in Public Law 108-199 for
    the Employment and Training Administration $1,500,000 shall be for a
    non-competitive grant to the AFL-CIO Working for America Institute, and
    shall be awarded no later than January 31, 2005.
        Of the funds provided under this heading in Public Law 108-199 for
    the Employment and Training Administration, $4,000,000 shall be for a
    non-competitive grant to the Black Clergy of Philadelphia and Vicinity,
    and shall be awarded no later than January 31, 2005.
        Of the funds provided under this heading in Public Law 108-199 for
    the Employment and Training Administration, $2,600,000 shall be for a
    non-competitive grant to the National Center on Education and the
    Economy, and shall be awarded no later than January 31, 2005.
        Notwithstanding any other provision of law, funds awarded under
    grants to the State of Tennessee for Workforce Essentials, Inc., in
    Clarksville, Tennessee on June 29, 2004, and to Hampton Roads on behalf
    of the Hampton Roads Workforce Development Board in Norfolk, Virginia
    on June 30, 2001, pursuant to section 173 of the Workforce Investment
    Act of 1998 (29 U.S.C. 2918), may be used to provide services to
    spouses of members of the armed forces.
        The Secretary of Labor shall take no action to amend, through
    regulatory or administration action, the definition established in 20
    CFR 667.220 for functions and activities under title I of the Workforce
    Investment Act of 1998 until such time as legislation reauthorizing the
    Act is enacted.
        Of the unobligated funds contained in the H-1B Nonimmigrant
    Petitioner Account that are available to the Secretary of Labor
    pursuant to section 286(s)(2) of the Immigration and Nationality Act (8
    U.S.C. 1356(s)(2)), $100,000,000 are rescinded.

                 Community Service Employment for Older Americans

        To carry out title V of the Older Americans Act of 1965, as
    amended, $440,200,000.

                   Federal Unemployment Benefits and Allowances

        For payments during the current fiscal year of trade adjustment
    benefit payments and allowances under part I and section 246; and for
    training, allowances for job search and relocation, and related State
    administrative expenses under part II of chapter 2, title II of the
    Trade Act of 1974 (including the benefits and services described under
    sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment
    Assistance Reform Act of 2002, Public Law 107-210), $1,057,300,000,
    together with such amounts as may be necessary to be charged to the
    subsequent appropriation for payments for any period subsequent to
    September 15 of the current year.

          State Unemployment Insurance and Employment Service Operations

        For authorized administrative expenses, $141,934,000, together with
    not to exceed $3,524,301,000 (including not to exceed $1,228,000 which
    may be used for amortization payments to States which had independent
    retirement plans in their State employment service agencies prior to
    1980), which may be expended from the Employment Security
    Administration Account in the Unemployment Trust Fund including the
    cost of administering section 51 of the Internal Revenue Code of 1986,
    as amended, section 7(d) of the Wagner-Peyser Act, as amended, the
    Trade Act of 1974, as amended, the Immigration Act of 1990, and the
    Immigration and Nationality Act, as amended, and of which the sums
    available in the allocation for activities authorized by title III of
    the Social Security Act, as amended (42 U.S.C. 502-504), and the sums
    available in the allocation for necessary administrative expenses for
    carrying out 5 U.S.C. 8501-8523, shall be available for obligation by
    the States through December 31, 2005, except that funds used for
    automation acquisitions shall be available for obligation by the States
    through September 30, 2007; of which $141,934,000, together with not to
    exceed $763,587,000 of the amount which may be expended from said trust
    fund, shall be available for obligation for the period July 1, 2005
    through June 30, 2006, to fund activities under the Act of June 6,
    1933, as amended, including the cost of penalty mail authorized under
    39 U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments
    for such purpose: Provided, That to the extent that the Average Weekly
    Insured Unemployment (AWIU) for fiscal year 2005 is projected by the
    Department of Labor to exceed 3,227,000, an additional $28,600,000
    shall be available for obligation for every 100,000 increase in the
    AWIU level (including a pro rata amount for any increment less than
    100,000) from the Employment Security Administration Account of the
    Unemployment Trust Fund: Provided further, That funds appropriated in
    this Act which are used to establish a national one-stop career center
    system, or which are used to support the national activities of the
    Federal-State unemployment insurance or immigration programs, may be
    obligated in contracts, grants or agreements with non-State entities:
    Provided further, That funds appropriated under this Act for activities
    authorized under the Wagner-Peyser Act, as amended, and title III of
    the Social Security Act, may be used by the States to fund integrated
    Employment Service and Unemployment Insurance automation efforts,
    notwithstanding cost allocation principles prescribed under Office of
    Management and Budget Circular A-87.

             Advances to the Unemployment Trust Fund and Other Funds

        For repayable advances to the Unemployment Trust Fund as authorized
    by sections 905(d) and 1203 of the Social Security Act, as amended, and
    to the Black Lung Disability Trust Fund as authorized by section
    9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
    nonrepayable advances to the Unemployment Trust Fund as authorized by
    section 8509 of title 5, United States Code, and to the ``Federal
    unemployment benefits and allowances'' account, to remain available
    until September 30, 2006, $517,000,000.
        In addition, for making repayable advances to the Black Lung
    Disability Trust Fund in the current fiscal year after September 15,
    2005, for costs incurred by the Black Lung Disability Trust Fund in the
    current fiscal year, such sums as may be necessary.

                              Program Administration

        For expenses of administering employment and training programs,
    $113,810,000, together with not to exceed $57,663,000, which may be
    expended from the Employment Security Administration Account in the
    Unemployment Trust Fund.

                   Employee Benefits Security Administration

                              Salaries and Expenses

        For necessary expenses for the Employee Benefits Security
    Administration, $132,345,000.

                      Pension Benefit Guaranty Corporation

                    Pension Benefit Guaranty Corporation Fund

        The Pension Benefit Guaranty Corporation is authorized to make such
    expenditures, including financial assistance authorized by section 104
    of Public Law 96-364, within limits of funds and borrowing authority
    available to such Corporation, and in accord with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of the Government Corporation Control Act, as
    amended (31 U.S.C. 9104), as may be necessary in carrying out the
    program, including associated administrative expenses, through
    September 30, 2005 for such Corporation: Provided, That none of the
    funds available to the Corporation for fiscal year 2005 shall be
    available for obligations for administrative expenses in excess of
    $266,330,000: Provided further, That obligations in excess of such
    amount may be incurred after approval by the Office of Management and
    Budget and the Committees on Appropriations of the House and Senate.

                      Employment Standards Administration

                              Salaries and Expenses

        For necessary expenses for the Employment Standards Administration,
    including reimbursement to State, Federal, and local agencies and their
    employees for inspection services rendered, $402,305,000, together with
    $2,040,000 which may be expended from the Special Fund in accordance
    with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor
    Workers' Compensation Act: Provided, That $1,250,000 shall be for the
    development of an alternative system for the electronic submission of
    reports required to be filed under the Labor-Management Reporting and
    Disclosure Act of 1959, as amended, and for a computer database of the
    information for each submission by whatever means, that is indexed and
    easily searchable by the public via the Internet: Provided further,
    That the Secretary of Labor is authorized to accept, retain, and spend,
    until expended, in the name of the Department of Labor, all sums of
    money ordered to be paid to the Secretary of Labor, in accordance with
    the terms of the Consent Judgment in Civil Action No. 91-0027 of the
    United States District Court for the District of the Northern Mariana
    Islands (May 21, 1992): Provided further, That the Secretary of Labor
    is authorized to establish and, in accordance with 31 U.S.C. 3302,
    collect and deposit in the Treasury fees for processing applications
    and issuing certificates under sections 11(d) and 14 of the Fair Labor
    Standards Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for
    processing applications and issuing registrations under title I of the
    Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
    et seq.).

                                 Special Benefits

                          (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or any prior
    fiscal year authorized by title 5, chapter 81 of the United States
    Code; continuation of benefits as provided for under the heading
    ``Civilian War Benefits'' in the Federal Security Agency Appropriation
    Act, 1947; the Employees' Compensation Commission Appropriation Act,
    1944; sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C.
    App. 2012); and 50 percent of the additional compensation and benefits
    required by section 10(h) of the Longshore and Harbor Workers'
    Compensation Act, as amended, $233,000,000, together with such amounts
    as may be necessary to be charged to the subsequent year appropriation
    for the payment of compensation and other benefits for any period
    subsequent to August 15 of the current year: Provided, That amounts
    appropriated may be used under section 8104 of title 5, United States
    Code, by the Secretary of Labor to reimburse an employer, who is not
    the employer at the time of injury, for portions of the salary of a
    reemployed, disabled beneficiary: Provided further, That balances of
    reimbursements unobligated on September 30, 2004, shall remain
    available until expended for the payment of compensation, benefits, and
    expenses: Provided further, That in addition there shall be transferred
    to this appropriation from the Postal Service and from any other
    corporation or instrumentality required under section 8147(c) of title
    5, United States Code, to pay an amount for its fair share of the cost
    of administration, such sums as the Secretary determines to be the cost
    of administration for employees of such fair share entities through
    September 30, 2005: Provided further, That of those funds transferred
    to this account from the fair share entities to pay the cost of
    administration of the Federal Employees' Compensation Act, $39,668,000
    shall be made available to the Secretary as follows: (1) for
    enhancement and maintenance of automated data processing systems and
    telecommunications systems, $12,351,000; (2) for automated workload
    processing operations, including document imaging, centralized mail
    intake and medical bill processing, $14,221,000; (3) for periodic roll
    management and medical review, $13,096,000; and (4) the remaining funds
    shall be paid into the Treasury as miscellaneous receipts: Provided
    further, That the Secretary may require that any person filing a notice
    of injury or a claim for benefits under chapter 81 of title 5, United
    States Code, or 33 U.S.C. 901 et seq., provide as part of such notice
    and claim, such identifying information (including Social Security
    account number) as such regulations may prescribe.

                    Special Benefits for Disabled Coal Miners

        For carrying out title IV of the Federal Mine Safety and Health Act
    of 1977, as amended by Public Law 107-275, (the ``Act''), $276,000,000,
    to remain available until expended.
        For making after July 31 of the current fiscal year, benefit
    payments to individuals under title IV of the Act, for costs incurred
    in the current fiscal year, such amounts as may be necessary.
        For making benefit payments under title IV for the first quarter of
    fiscal year 2006, $81,000,000, to remain available until expended.

         Administrative Expenses, Energy Employees Occupational Illness
                               Compensation Fund

                          (including transfer of funds)

        For necessary expenses to administer the Energy Employees
    Occupational Illness Compensation Act, $40,821,000, to remain available
    until expended: Provided, That the Secretary of Labor is authorized to
    transfer to any executive agency with authority under the Energy
    Employees Occupational Illness Compensation Act, including within the
    Department of Labor, such sums as may be necessary in fiscal year 2005
    to carry out those authorities: Provided further, That the Secretary
    may require that any person filing a claim for benefits under the Act
    provide as part of such claim, such identifying information (including
    Social Security account number) as may be prescribed.

                         Black Lung Disability Trust Fund

                          (including transfer of funds)

        In fiscal year 2005 and thereafter, such sums as may be necessary
    from the Black Lung Disability Trust Fund, to remain available until
    expended, for payment of all benefits authorized by section 9501(d)(1),
    (2), (4), and (7) of the Internal Revenue Code of 1954, as amended; and
    interest on advances, as authorized by section 9501(c)(2) of that Act.
    In addition, the following amounts shall be available from the Fund for
    fiscal year 2005 for expenses of operation and administration of the
    Black Lung Benefits program, as authorized by section 9501(d)(5):
    $32,646,000 for transfer to the Employment Standards Administration
    ``Salaries and Expenses''; $23,705,000 for transfer to Departmental
    Management, ``Salaries and Expenses''; $342,000 for transfer to
    Departmental Management, ``Office of Inspector General''; and $356,000
    for payments into miscellaneous receipts for the expenses of the
    Department of the Treasury.

                 Occupational Safety and Health Administration

                              Salaries and Expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $468,109,000, including not to exceed $91,747,000 which
    shall be the maximum amount available for grants to States under
    section 23(g) of the Occupational Safety and Health Act (the ``Act''),
    which grants shall be no less than 50 percent of the costs of State
    occupational safety and health programs required to be incurred under
    plans approved by the Secretary under section 18 of the Act; and, in
    addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
    Health Administration may retain up to $750,000 per fiscal year of
    training institute course tuition fees, otherwise authorized by law to
    be collected, and may utilize such sums for occupational safety and
    health training and education grants: Provided, That, notwithstanding
    31 U.S.C. 3302, the Secretary of Labor is authorized, during the fiscal
    year ending September 30, 2005, to collect and retain fees for services
    provided to Nationally Recognized Testing Laboratories, and may utilize
    such sums, in accordance with the provisions of 29 U.S.C. 9a, to
    administer national and international laboratory recognition programs
    that ensure the safety of equipment and products used by workers in the
    workplace: Provided further, That none of the funds appropriated under
    this paragraph shall be obligated or expended to prescribe, issue,
    administer, or enforce any standard, rule, regulation, or order under
    the Act which is applicable to any person who is engaged in a farming
    operation which does not maintain a temporary labor camp and employs 10
    or fewer employees: Provided further, That no funds appropriated under
    this paragraph shall be obligated or expended to administer or enforce
    any standard, rule, regulation, or order under the Act with respect to
    any employer of 10 or fewer employees who is included within a category
    having a Days Away, Restricted, or Transferred (DART) occupational
    injury and illness rate, at the most precise industrial classification
    code for which such data are published, less than the national average
    rate as such rates are most recently published by the Secretary, acting
    through the Bureau of Labor Statistics, in accordance with section 24
    of that Act (29 U.S.C. 673), except--
            (1) to provide, as authorized by such Act, consultation,
        technical assistance, educational and training services, and to
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to an
        employee complaint, to issue a citation for violations found during
        such inspection, and to assess a penalty for violations which are
        not corrected within a reasonable abatement period and for any
        willful violations found;
            (3) to take any action authorized by such Act with respect to
        imminent dangers;
            (4) to take any action authorized by such Act with respect to
        health hazards;
            (5) to take any action authorized by such Act with respect to a
        report of an employment accident which is fatal to one or more
        employees or which results in hospitalization of two or more
        employees, and to take any action pursuant to such investigation
        authorized by such Act; and
            (6) to take any action authorized by such Act with respect to
        complaints of discrimination against employees for exercising
        rights under such Act:
    Provided further, That the foregoing proviso shall not apply to any
    person who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs 10 or fewer employees: Provided
    further, That not less than $3,200,000 shall be used to extend funding
    for the Institutional Competency Building training grants which
    commenced in September 2000, for program activities for the period of
    September 30, 2005 to September 30, 2006, provided that a grantee has
    demonstrated satisfactory performance: Provided further, That none of
    the funds appropriated under this paragraph shall be obligated or
    expended to administer or enforce the provisions of 29 CFR
    1910.134(f)(2) (General Industry Respiratory Protection Standard) to
    the extent that such provisions require the annual fit testing (after
    the initial fit testing) of respirators for occupational exposure to
    tuberculosis.

                     Mine Safety and Health Administration

                              Salaries and Expenses

        For necessary expenses for the Mine Safety and Health
    Administration, $281,535,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles, including up to
    $2,000,000 for mine rescue and recovery activities; in addition, not to
    exceed $750,000 may be collected by the National Mine Health and Safety
    Academy for room, board, tuition, and the sale of training materials,
    otherwise authorized by law to be collected, to be available for mine
    safety and health education and training activities, notwithstanding 31
    U.S.C. 3302; and, in addition, the Mine Safety and Health
    Administration may retain up to $1,000,000 from fees collected for the
    approval and certification of equipment, materials, and explosives for
    use in mines, and may utilize such sums for such activities; the
    Secretary is authorized to accept lands, buildings, equipment, and
    other contributions from public and private sources and to prosecute
    projects in cooperation with other agencies, Federal, State, or
    private; the Mine Safety and Health Administration is authorized to
    promote health and safety education and training in the mining
    community through cooperative programs with States, industry, and
    safety associations; and any funds available to the department may be
    used, with the approval of the Secretary, to provide for the costs of
    mine rescue and survival operations in the event of a major disaster.

                           Bureau of Labor Statistics

                              Salaries and Expenses

        For necessary expenses for the Bureau of Labor Statistics,
    including advances or reimbursements to State, Federal, and local
    agencies and their employees for services rendered, $455,045,000,
    together with not to exceed $78,473,000, which may be expended from the
    Employment Security Administration Account in the Unemployment Trust
    Fund, of which $5,000,000 may be used to fund the mass layoff
    statistics program under section 15 of the Wagner-Peyser Act (29 U.S.C.
    49l-2).

                     Office of Disability Employment Policy

                              salaries and expenses

        For necessary expenses for the Office of Disability Employment
    Policy to provide leadership, develop policy and initiatives, and award
    grants furthering the objective of eliminating barriers to the training
    and employment of people with disabilities, $47,555,000.

                            Departmental Management

                              Salaries and Expenses

        For necessary expenses for Departmental Management, including the
    hire of three sedans, and including the management or operation,
    through contracts, grants or other arrangements of Departmental
    activities conducted by or through the Bureau of International Labor
    Affairs, including bilateral and multilateral technical assistance and
    other international labor activities, $323,108,000, of which,
    $7,000,000, to remain available until September 30, 2006, is for
    Frances Perkins Building Security Enhancements, and $30,000,000 is for
    the acquisition of Departmental information technology, architecture,
    infrastructure, equipment, software and related needs, which will be
    allocated by the Department's Chief Information Officer in accordance
    with the Department's capital investment management process to assure a
    sound investment strategy; together with not to exceed $314,000, which
    may be expended from the Employment Security Administration Account in
    the Unemployment Trust Fund: Provided, That no funds made available by
    this Act may be used by the Solicitor of Labor to participate in a
    review in any United States court of appeals of any decision made by
    the Benefits Review Board under section 21 of the Longshore and Harbor
    Workers' Compensation Act (33 U.S.C. 921) where such participation is
    precluded by the decision of the United States Supreme Court in
    Director, Office of Workers' Compensation Programs v. Newport News
    Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any provisions to
    the contrary contained in Rule 15 of the Federal Rules of Appellate
    Procedure: Provided further, That no funds made available by this Act
    may be used by the Secretary of Labor to review a decision under the
    Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.)
    that has been appealed and that has been pending before the Benefits
    Review Board for more than 12 months: Provided further, That any such
    decision pending a review by the Benefits Review Board for more than 1
    year shall be considered affirmed by the Benefits Review Board on the
    1-year anniversary of the filing of the appeal, and shall be considered
    the final order of the Board for purposes of obtaining a review in the
    United States courts of appeals: Provided further, That these
    provisions shall not be applicable to the review or appeal of any
    decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et
    seq.).

                         Veterans Employment and Training

        Not to exceed $195,098,000 may be derived from the Employment
    Security Administration Account in the Unemployment Trust Fund to carry
    out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327,
    and Public Law 103-353, and which shall be available for obligation by
    the States through December 31, 2005, of which $2,000,000 is for the
    National Veterans' Employment and Training Services Institute. To carry
    out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and
    the Veterans Workforce Investment Programs (29 U.S.C. 2913),
    $29,550,000, of which $8,550,000 shall be available for obligation for
    the period July 1, 2005 through June 30, 2006.

                           Office of Inspector General

        For salaries and expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $64,029,000, together with not to exceed $5,561,000, which may
    be expended from the Employment Security Administration Account in the
    Unemployment Trust Fund.

                              Working Capital Fund

        For the acquisition of a new core accounting system for the
    Department of Labor, including hardware and software infrastructure and
    the costs associated with implementation thereof, $10,000,000.

                               General Provisions

        Sec. 101. None of the funds appropriated in this title for the Job
    Corps shall be used to pay the compensation of an individual, either as
    direct costs or any proration as an indirect cost, at a rate in excess
    of Executive Level II.

                               (transfer of funds)

        Sec. 102. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended) which are appropriated for the current fiscal year
    for the Department of Labor in this Act may be transferred between a
    program, project, or activity, but no such program, project, or
    activity shall be increased by more than 3 percent by any such
    transfer: Provided, That the Appropriations Committees of both Houses
    of Congress are notified at least 15 days in advance of any transfer.
        Sec. 103. In accordance with Executive Order No. 13126, none of the
    funds appropriated or otherwise made available pursuant to this Act
    shall be obligated or expended for the procurement of goods mined,
    produced, manufactured, or harvested or services rendered, whole or in
    part, by forced or indentured child labor in industries and host
    countries already identified by the United States Department of Labor
    prior to enactment of this Act.
        Sec. 104. There is authorized to be appropriated such sums as may
    be necessary to the Denali Commission through the Department of Labor
    to conduct job training of the local workforce where Denali Commission
    projects will be constructed.
        Sec. 105. Not later than 45 days after the date of enactment of
    this Act, the Secretary of Labor shall issue a monthly transit subsidy
    of not less than the amount each of its employees of the National
    Capital Region is eligible to receive, not to exceed a maximum of $100,
    as directed by Executive Order No. 13150.
        Sec. 106. The Department of Labor shall submit its fiscal year 2006
    congressional budget justifications to the Committees on Appropriations
    of the House of Representatives and the Senate in the format as they
    were prepared prior to fiscal year 2003.
        This title may be cited as the ``Department of Labor Appropriations
    Act, 2005''.

               TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                          Health Resources and Services

        For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
    XXVI of the Public Health Service Act, section 427(a) of the Federal
    Coal Mine Health and Safety Act, title V and sections 1128E, 711, and
    1820 of the Social Security Act, the Health Care Quality Improvement
    Act of 1986, as amended, the Native Hawaiian Health Care Act of 1988,
    as amended, the Cardiac Arrest Survival Act of 2000, section 712 of the
    American Jobs Creation Act of 2004, and the Poison Control Center
    Enhancement and Awareness Act, as amended, $6,856,624,000, of which
    $484,629,000 shall be available for construction and renovation
    (including equipment) of health care and other facilities and other
    health-related activities as specified in the statement of the managers
    on the conference report accompanying this Act, and of which
    $39,499,000 from general revenues, notwithstanding section 1820(j) of
    the Social Security Act, shall be available for carrying out the
    Medicare rural hospital flexibility grants program under section 1820
    of such Act: Provided, That of the funds made available under this
    heading, $249,000 shall be available until expended for facilities
    renovations at the Gillis W. Long Hansen's Disease Center: Provided
    further, That in addition to fees authorized by section 427(b) of the
    Health Care Quality Improvement Act of 1986, fees shall be collected
    for the full disclosure of information under the Act sufficient to
    recover the full costs of operating the National Practitioner Data
    Bank, and shall remain available until expended to carry out that Act:
    Provided further, That fees collected for the full disclosure of
    information under the ``Health Care Fraud and Abuse Data Collection
    Program'', authorized by section 1128E(d)(2) of the Social Security
    Act, shall be sufficient to recover the full costs of operating the
    program, and shall remain available until expended to carry out that
    Act: Provided further, That $31,000,000 of the funding provided for
    community health centers shall be used for base grant adjustments for
    existing centers: Provided further, That no more than $100,000 is
    available until expended for carrying out the provisions of 42 U.S.C.
    233(o) including associated administrative expenses: Provided further,
    That no more than $45,000,000 is available until expended for carrying
    out the provisions of Public Law 104-73: Provided further, That
    $9,941,000 is available until expended for the National Cord Blood Stem
    Cell Bank Program as described in House Report 108-401: Provided
    further, That of the funds made available under this heading,
    $288,283,000 shall be for the program under title X of the Public
    Health Service Act to provide for voluntary family planning projects:
    Provided further, That amounts provided to said projects under such
    title shall not be expended for abortions, that all pregnancy
    counseling shall be nondirective, and that such amounts shall not be
    expended for any activity (including the publication or distribution of
    literature) that in any way tends to promote public support or
    opposition to any legislative proposal or candidate for public office:
    Provided further, That $793,872,000 shall be for State AIDS Drug
    Assistance Programs authorized by section 2616 of the Public Health
    Service Act: Provided further, That in addition to amounts provided
    herein, $25,000,000 shall be available from amounts available under
    section 241 of the Public Health Service Act to carry out Parts A, B,
    C, and D of title XXVI of the Public Health Service Act to fund section
    2691 Special Projects of National Significance: Provided further, That,
    notwithstanding section 502(a)(1) of the Social Security Act, not to
    exceed $119,158,000 is available for carrying out special projects of
    regional and national significance pursuant to section 501(a)(2) of
    such Act: Provided further, That of the funds provided, $40,000,000
    shall be provided to the Denali Commission as a direct lump payment
    pursuant to Public Law 106-113, of which $10,000,000 shall be for a
    psychiatric treatment facility in Bethel, Alaska, $10,000,000 shall be
    for residential and supportive housing for elders, $2,500,000 shall be
    for medical and dental equipment for rural clinics, and $5,000,000
    shall be for upgrade and construction of shelters for victims of
    domestic violence and child abuse.

                Health Education Assistance Loans Program Account

        Such sums as may be necessary to carry out the purpose of the
    program, as authorized by title VII of the Public Health Service Act,
    as amended. For administrative expenses to carry out the guaranteed
    loan program, including section 709 of the Public Health Service Act,
    $3,270,000.

                  Vaccine Injury Compensation Program Trust Fund

        For payments from the Vaccine Injury Compensation Program Trust
    Fund, such sums as may be necessary for claims associated with vaccine-
    related injury or death with respect to vaccines administered after
    September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
    Health Service Act, to remain available until expended: Provided, That
    for necessary administrative expenses, not to exceed $3,176,000 shall
    be available from the Trust Fund to the Secretary of Health and Human
    Services.

                   Centers for Disease Control and Prevention

                     Disease Control, Research, and Training

        To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
    of the Public Health Service Act, sections 101, 102, 103, 201, 202,
    203, 301, and 501 of the Federal Mine Safety and Health Act of 1977,
    sections 20, 21, and 22 of the Occupational Safety and Health Act of
    1970, title IV of the Immigration and Nationality Act, and section 501
    of the Refugee Education Assistance Act of 1980; including purchase and
    insurance of official motor vehicles in foreign countries; and
    purchase, hire, maintenance, and operation of aircraft, $4,533,911,000,
    of which $272,000,000 shall remain available until expended for
    equipment, and construction and renovation of facilities, and of which
    $124,882,000 for international HIV/AIDS shall remain available until
    September 30, 2006. In addition, such sums as may be derived from
    authorized user fees, which shall be credited to this account:
    Provided, That in addition to amounts provided herein, the following
    amounts shall be available from amounts available under section 241 of
    the Public Health Service Act: (1) $12,794,000 to carry out the
    National Immunization Surveys; (2) $109,021,000 to carry out the
    National Center for Health Statistics surveys; (3) $24,751,000 to carry
    out information systems standards development and architecture and
    applications-based research used at local public health levels; (4)
    $463,000 for Health Marketing evaluations; (5) $31,000,000 to carry out
    Public Health Research; and (6) $87,071,000 to carry out Research Tools
    and Approaches activities within the National Occupational Research
    Agenda: Provided further, That none of the funds made available for
    injury prevention and control at the Centers for Disease Control and
    Prevention may be used, in whole or in part, to advocate or promote gun
    control: Provided further, That up to $30,000,000 shall be made
    available until expended for Individual Learning Accounts for full-time
    equivalent employees of the Centers for Disease Control and Prevention:
    Provided further, That the Director may redirect the total amount made
    available under authority of Public Law 101-502, section 3, dated
    November 3, 1990, to activities the Director may so designate: Provided
    further, That the Congress is to be notified promptly of any such
    transfer: Provided further, That not to exceed $12,500,000 may be
    available for making grants under section 1509 of the Public Health
    Service Act to not more than 15 States, tribes, or tribal
    organizations: Provided further, That without regard to existing
    statute, funds appropriated may be used to proceed, at the discretion
    of the Centers for Disease Control and Prevention, with property
    acquisition, including a long-term ground lease for construction on
    non-Federal land, to support the construction of a replacement
    laboratory in the Fort Collins, Colorado area: Provided further, That
    notwithstanding any other provision of law, a single contract or
    related contracts for development and construction of facilities may be
    employed which collectively include the full scope of the project:
    Provided further, That the solicitation and contract shall contain the
    clause ``availability of funds'' found at 48 CFR 52.232-18: Provided
    further, That of the funds appropriated, $10,000 is for official
    reception and representation expenses when specifically approved by the
    Director of the Centers for Disease Control and Prevention.

                         National Institutes of Health

                            National Cancer Institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to cancer, $4,865,525,000, of which up to
    $8,000,000 may be used for facilities repairs and improvements at the
    NCI-Frederick Federally Funded Research and Development Center in
    Frederick, Maryland.

                    National Heart, Lung, and Blood Institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to cardiovascular, lung, and blood diseases,
    and blood and blood products, $2,965,453,000.

              National Institute of Dental and Craniofacial Research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to dental disease, $395,080,000.

         National Institute of Diabetes and Digestive and Kidney Diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to diabetes and digestive and kidney disease,
    $1,727,696,000.

             National Institute of Neurological Disorders and Stroke

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to neurological disorders and stroke,
    $1,552,123,000.

              National Institute of Allergy and Infectious Diseases

                          (including transfer of funds)

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to allergy and infectious diseases,
    $4,440,007,000: Provided, That $100,000,000 may be made available to
    International Assistance Programs ``Global Fund to Fight HIV/AIDS,
    Malaria, and Tuberculosis'', to remain available until expended:
    Provided further, That up to $150,000,000 shall be for extramural
    facilities construction grants to enhance the Nation's capability to do
    research on biological and other agents.

                  National Institute of General Medical Sciences

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to general medical sciences, $1,959,810,000.

             National Institute of Child Health and Human Development

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to child health and human development,
    $1,280,915,000.

                              National Eye Institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to eye diseases and visual disorders,
    $674,578,000.

               National Institute of Environmental Health Sciences

        For carrying out sections 301 and 311 and title IV of the Public
    Health Service Act with respect to environmental health sciences,
    $650,027,000.

                           National Institute on Aging

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to aging, $1,060,666,000.

      National Institute of Arthritis and Musculoskeletal and Skin Diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to arthritis and musculoskeletal and skin
    diseases, $515,378,000.

         National Institute on Deafness and Other Communication Disorders

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to deafness and other communication disorders,
    $397,507,000.

                      National Institute of Nursing Research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to nursing research, $139,198,000.

                National Institute on Alcohol Abuse and Alcoholism

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to alcohol abuse and alcoholism, $441,911,000.

                         National Institute on Drug Abuse

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to drug abuse, $1,014,760,000.

                       National Institute of Mental Health

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to mental health, $1,423,609,000.

                     National Human Genome Research Institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to human genome research, $492,670,000.

           National Institute of Biomedical Imaging and Bioengineering

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to biomedical imaging and bioengineering
    research, $300,647,000.

                      National Center for Research Resources

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to research resources and general research
    support grants, $1,124,141,000: Provided, That none of these funds
    shall be used to pay recipients of the general research support grants
    program any amount for indirect expenses in connection with such
    grants: Provided further, That $30,000,000 shall be for extramural
    facilities construction grants.

            National Center for Complementary and Alternative Medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to complementary and alternative medicine,
    $123,116,000.

            National Center on Minority Health and Health Disparities

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to minority health and health disparities
    research, $197,780,000.

                       John E. Fogarty International Center

        For carrying out the activities at the John E. Fogarty
    International Center, $67,182,000.

                           National Library of Medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to health information communications,
    $317,947,000, of which $4,000,000 shall be available until expended for
    improvement of information systems: Provided, That in fiscal year 2005,
    the Library may enter into personal services contracts for the
    provision of services in facilities owned, operated, or constructed
    under the jurisdiction of the National Institutes of Health: Provided
    further, That in addition to amounts provided herein, $8,200,000 shall
    be available from amounts available under section 241 of the Public
    Health Service Act to carry out National Information Center on Health
    Services Research and Health Care Technology and related health
    services.

                              Office of the Director

                          (including transfer of funds)

        For carrying out the responsibilities of the Office of the
    Director, National Institutes of Health, $361,145,000, of which up to
    $10,000,000 shall be used to carry out section 217 of this Act:
    Provided, That funding shall be available for the purchase of not to
    exceed 29 passenger motor vehicles for replacement only: Provided
    further, That the Director may direct up to 1 percent of the total
    amount made available in this or any other Act to all National
    Institutes of Health appropriations to activities the Director may so
    designate: Provided further, That no such appropriation shall be
    decreased by more than 1 percent by any such transfers and that the
    Congress is promptly notified of the transfer: Provided further, That
    the National Institutes of Health is authorized to collect third party
    payments for the cost of clinical services that are incurred in
    National Institutes of Health research facilities and that such
    payments shall be credited to the National Institutes of Health
    Management Fund: Provided further, That all funds credited to the
    National Institutes of Health Management Fund shall remain available
    for 1 fiscal year after the fiscal year in which they are deposited:
    Provided further, That up to $500,000 shall be available to carry out
    section 499 of the Public Health Service Act: Provided further, That of
    the funds provided $10,000 shall be for official reception and
    representation expenses when specifically approved by the Director of
    NIH: Provided further, That a uniform percentage of the amounts
    appropriated in this Act to each Institute and Center may be utilized
    for the National Institutes of Health Roadmap Initiative: Provided
    further, That the amount utilized under the preceding proviso shall not
    exceed $176,800,000 without prior notification to the Committees on
    Appropriations of the House of Representatives and the Senate: Provided
    further, That amounts utilized under the preceding two provisos shall
    be in addition to amounts made available for the Roadmap Initiative
    from the Director's Discretionary Fund and to any amounts allocated to
    activities related to the Roadmap Initiative through the normal
    research priority-setting process of individual Institutes and Centers.

                             buildings and facilities

        For the study of, construction of, renovation of, and acquisition
    of equipment for, facilities of or used by the National Institutes of
    Health, including the acquisition of real property, $111,177,000, to
    remain available until expended: Provided, That notwithstanding any
    other provision of law, single contracts or related contracts, which
    collectively include the full scope of the project, may be employed for
    the development and construction of the first and second phases of the
    John Edward Porter Neuroscience Research Center: Provided further, That
    the solicitations and contracts shall contain the clause ``availability
    of funds'' found at 48 CFR 52.232-18.

           Substance Abuse and Mental Health Services Administration

                    Substance Abuse and Mental Health Services

        For carrying out titles V and XIX of the Public Health Service Act
    with respect to substance abuse and mental health services, the
    Protection and Advocacy for Individuals with Mental Illness Act, and
    section 301 of the Public Health Service Act with respect to program
    management, $3,295,361,000, of which $23,107,000 shall be available for
    projects and in the amounts specified in the statement of the managers
    on the conference report accompanying this Act: Provided, That in
    addition to amounts provided herein, the following amounts shall be
    available from amounts available under section 241 of the Public Health
    Service Act: (1) $79,200,000 to carry out subpart II of title XIX of
    the Public Health Service Act to fund section 1935(b) technical
    assistance, national data, data collection and evaluation activities,
    and further that the total available under this Act for section 1935(b)
    activities shall not exceed 5 percent of the amounts appropriated for
    subpart II of title XIX; (2) $21,803,000 to carry out subpart I of Part
    B of title XIX of the Public Health Service Act to fund section 1920(b)
    technical assistance, national data, data collection and evaluation
    activities, and further that the total available under this Act for
    section 1920(b) activities shall not exceed 5 percent of the amounts
    appropriated for subpart I of Part B of title XIX; (3) $16,000,000 to
    carry out national surveys on drug abuse; (4) $2,000,000 for mental
    health data collection; and (5) $4,300,000 for substance abuse
    treatment programs.

                   Agency for Healthcare Research and Quality

                         Healthcare Research and Quality

        For carrying out titles III and IX of the Public Health Service
    Act, and part A of title XI of the Social Security Act, amounts
    received from Freedom of Information Act fees, reimbursable and
    interagency agreements, and the sale of data shall be credited to this
    appropriation and shall remain available until expended: Provided, That
    the amount made available pursuant to section 927(c) of the Public
    Health Service Act shall not exceed $318,695,000.

                   Centers for Medicare and Medicaid Services

                          Grants to States for Medicaid

        For carrying out, except as otherwise provided, titles XI and XIX
    of the Social Security Act, $119,124,488,000, to remain available until
    expended.
        For making, after May 31, 2005, payments to States under title XIX
    of the Social Security Act for the last quarter of fiscal year 2005 for
    unanticipated costs, incurred for the current fiscal year, such sums as
    may be necessary.
        For making payments to States or in the case of section 1928 on
    behalf of States under title XIX of the Social Security Act for the
    first quarter of fiscal year 2006, $58,517,290,000, to remain available
    until expended.
        Payment under title XIX may be made for any quarter with respect to
    a State plan or plan amendment in effect during such quarter, if
    submitted in or prior to such quarter and approved in that or any
    subsequent quarter.

                       Payments to Health Care Trust Funds

        For payment to the Federal Hospital Insurance and the Federal
    Supplementary Medical Insurance Trust Funds, as provided under section
    1844, 1860D-16, and 1860D-31 of the Social Security Act, sections
    103(c) and 111(d) of the Social Security Amendments of 1965, section
    278(d) of Public Law 97-248, and for administrative expenses incurred
    pursuant to section 201(g) of the Social Security Act,
    $114,608,900,000. To ensure prompt payments of Medicare prescription
    drug benefits as provided under section 1860 D-16 of the Social
    Security Act, $5,216,900,000, to become available on October 1, 2005
    for fiscal year 2006.

                                Program Management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    Public Health Service Act, and the Clinical Laboratory Improvement
    Amendments of 1988, not to exceed $2,696,402,000, to be transferred
    from the Federal Hospital Insurance and the Federal Supplementary
    Medical Insurance Trust Funds, as authorized by section 201(g) of the
    Social Security Act; together with all funds collected in accordance
    with section 353 of the Public Health Service Act and section
    1857(e)(2) of the Social Security Act, and such sums as may be
    collected from authorized user fees and the sale of data, which shall
    remain available until expended: Provided, That all funds derived in
    accordance with 31 U.S.C. 9701 from organizations established under
    title XIII of the Public Health Service Act shall be credited to and
    available for carrying out the purposes of this appropriation: Provided
    further, That $24,400,000, to remain available until September 30,
    2006, is for contract costs for CMS's Systems Revitalization Plan:
    Provided further, That $78,300,000, to remain available until September
    30, 2006, is for contract costs for the Healthcare Integrated General
    Ledger Accounting System: Provided further, That of the amounts made
    available for research, demonstration and evaluation, $100,000 is
    available for Advocate Metro Outreach Initiative, Oak Brook, Illinois,
    to implement an initiative to provide comprehensive health education
    and services to the deaf and hard-of-hearing community, $150,000 is
    available for African American Interdenominational Ministries, Inc.,
    Philadelphia, Pennsylvania, to implement an insurance outreach program,
    $1,900,000 is available for AIDS Healthcare Foundation, Los Angeles,
    California, for a demonstration of residential and outpatient treatment
    facilities, $450,000 is available for Bronx-Lebanon Hospital Center,
    Bronx, New York, for a comprehensive adolescent and young adult health
    program to demonstrate means of improving health care and preventive
    services for underserved inner city teenagers and young adults,
    $300,000 is available for Children's Institute for Palliative Care,
    Children's Hospitals and Clinics, Minneapolis, Minnesota, for a
    pediatric palliative care demonstration program, $600,000 is available
    for the City of Detroit, Michigan, for a project to improve access to
    primary care and preventive health services for low-income and
    uninsured persons, $100,000 is available for Community Catalyst, Inc.,
    Boston, Massachusetts, for the expansion of a benefits management
    program, $150,000 is available for Cook County Bureau of Health
    Services in Chicago, Illinois, for the Antibiotic Resistance Program,
    $340,000 is available for Donald R. Watkins Memorial Foundation,
    Houston, Texas, for a comprehensive HIV/AIDS treatment and research
    demonstration program, $100,000 is available for Focus on Therapeutic
    Outcomes, Inc., Knoxville, Tennessee, $250,000 is available for Hamot
    Medical Center, Erie, Pennsylvania and the Ohio Health System,
    Columbus, Ohio, to implement a demonstration project on the Medicare
    Advantage program, $25,000 is available for HealthRight, Inc.,
    Philadelphia, Pennsylvania, for their Care Access Program, $75,000 is
    available for the Inglis Foundation, Philadelphia, Pennsylvania, for
    healthcare and social services for low-income adults with severe
    physical disabilities in an effort to promote independent living,
    $50,000 is available for Medical Care for Children Partnership,
    Fairfax, Virginia, for access to specialty health care for children who
    have serious medical needs, $500,000 is available for Memphis Biotech
    Foundation in Memphis, Tennessee, to develop a biologistics network in
    Mississippi and Tennessee, $225,000 is available for Muskegon Community
    Health Project, Muskegon, Michigan, for the Access Health Program,
    $30,000 is available for Our House of Portland, Portland, Oregon, to
    develop a Care Program for people living with AIDS, $750,000 is
    available for Pace Vermont, Burlington, Vennont, for the Rural Program
    for All-inclusive Care for the Elderly, $150,000 is available for
    Patient Advocate Foundation, Newport News, Virginia, to assist the PAF
    in serving patients experiencing difficulty accessing quality health
    care services, $450,000 is available for Puerto Rico's Governor's
    Office of Elderly Affairs for the Medication Error Prevention Pilot
    Program, $1,500,000 is available for San Francisco Department of Public
    Health, San Francisco, California, for a demonstration project to
    improve HIV/AIDS treatment and prevention services, $300,000 is
    available for Santa Clara County, California, for outreach and
    enrollment assistance activities of the Children's Health Initiative,
    $500,000 is available for Susquehanna Health System, Williamsport,
    Pennsylvania, for stabilizing workforce for patient care, $500,000 is
    available for Swope Health Services, Kansas City, Missouri, to
    supplement recurring healthcare costs for underemployed, uninsured, and
    income-qualified patients in Wyandotte and Johnson Counties, Kansas,
    $100,000 is available for Temple University, Crime and Justice Research
    Center, Philadelphia, Pennsylvania, for DNA backlog and utilization,
    and $250,000 is available for University of Maine, Partnership for
    Early Childhood Health & Services: Provided further, That funds
    appropriated under this heading are available for the Healthy Start,
    Grow Smart program under which the Centers for Medicare and Medicaid
    Services may, directly or through grants, contracts, or cooperative
    agreements, produce and distribute informational materials including,
    but not limited to, pamphlets and brochures on infant and toddler
    health care to expectant parents enrolled in the Medicaid program and
    to parents and guardians enrolled in such program with infants and
    children: Provided further, That not less than $79,000,000 shall be for
    processing Medicare appeals: Provided further, That the Secretary of
    Health and Human Services is directed to collect fees in fiscal year
    2005 from Medicare+Choice organizations pursuant to section 1857(e)(2)
    of the Social Security Act and from eligible organizations with risk-
    sharing contracts under section 1876 of that Act pursuant to section
    1876(k)(4)(D) of that Act: Provided further, That to the extent
    Medicare claims processing unit costs are projected by the Centers for
    Medicare and Medicaid Services to exceed $0.87 for Part A claims and/or
    $0.63 for Part B claims, up to an additional $18,000,000 may be
    available for obligation for every $0.04 increase in Medicare claims
    processing unit costs from the Federal Hospital Insurance and the
    Federal Supplementary Medical Insurance Trust Funds. The calculation of
    projected unit costs shall be derived in the same manner in which the
    estimated unit costs were calculated for the Federal budget estimate
    for the fiscal year.

           Health Maintenance Organization Loan and Loan Guarantee Fund

        For carrying out subsections (d) and (e) of section 1308 of the
    Public Health Service Act, any amounts received by the Secretary in
    connection with loans and loan guarantees under title XIII of the
    Public Health Service Act, to be available without fiscal year
    limitation for the payment of outstanding obligations. During fiscal
    year 2005, no commitments for direct loans or loan guarantees shall be
    made.

                    Administration for Children and Families

       Payments to States for Child Support Enforcement and Family Support
                                    Programs

        For making payments to States or other non-Federal entities under
    titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
    Act of July 5, 1960 (24 U.S.C. ch. 9), $2,873,802,000, to remain
    available until expended; and for such purposes for the first quarter
    of fiscal year 2006, $1,200,000,000, to remain available until
    expended.
        For making payments to each State for carrying out the program of
    Aid to Families with Dependent Children under title IV-A of the Social
    Security Act before the effective date of the program of Temporary
    Assistance for Needy Families (TANF) with respect to such State, such
    sums as may be necessary: Provided, That the sum of the amounts
    available to a State with respect to expenditures under such title IV-A
    in fiscal year 1997 under this appropriation and under such title IV-A
    as amended by the Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996 shall not exceed the limitations under
    section 116(b) of such Act.
        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
    and XVI of the Social Security Act and the Act of July 5, 1960 (24
    U.S.C. ch. 9), for the last 3 months of the current fiscal year for
    unanticipated costs, incurred for the current fiscal year, such sums as
    may be necessary.

                        Low-Income Home Energy Assistance

        For making payments under title XXVI of the Omnibus Budget
    Reconciliation Act of 1981, $1,900,000,000.
        For making payments under title XXVI of the Omnibus Budget
    Reconciliation Act of 1981, $300,000,000, to remain available until
    expended: Provided, That these funds are for the unanticipated home
    energy assistance needs of one or more States, as authorized by section
    2604(e) of the Act: Provided further, That the entire amount is
    designated as an emergency requirement pursuant to section 402 of S.
    Con. Res. 95 (108th Congress) as made applicable to the House of
    Representatives by H. Res. 649 (108th Congress) and applicable to the
    Senate by section 14007 of Public Law 108-287.

                          Refugee and Entrant Assistance

        For necessary expenses for refugee and entrant assistance
    activities and for costs associated with the care and placement of
    unaccompanied alien children authorized by title IV of the Immigration
    and Nationality Act and section 501 of the Refugee Education Assistance
    Act of 1980 (Public Law 96-422), for carrying out section 462 of the
    Homeland Security Act of 2002 (Public Law 107-296), and for carrying
    out the Torture Victims Relief Act of 2003 (Public Law 108-179),
    $488,336,000, of which up to $10,000,000 shall be available to carry
    out the Trafficking Victims Protection Act of 2003 (Public Law 108-
    193): Provided, That funds appropriated under this heading pursuant to
    section 414(a) of the Immigration and Nationality Act and section 462
    of the Homeland Security Act of 2002 for fiscal year 2005 shall be
    available for the costs of assistance provided and other activities to
    remain available through September 30, 2007.

        Payments to States for the Child Care and Development Block Grant

        For carrying out sections 658A through 658R of the Omnibus Budget
    Reconciliation Act of 1981 (The Child Care and Development Block Grant
    Act of 1990), $2,099,729,000 shall be used to supplement, not supplant
    State general revenue funds for child care assistance for low-income
    families: Provided, That $19,120,000 shall be available for child care
    resource and referral and school-aged child care activities, of which
    $1,000,000 shall be for the Child Care Aware toll free hotline:
    Provided further, That, in addition to the amounts required to be
    reserved by the States under section 658G, $272,672,000 shall be
    reserved by the States for activities authorized under section 658G, of
    which $100,000,000 shall be for activities that improve the quality of
    infant and toddler care: Provided further, That $10,000,000 shall be
    for use by the Secretary for child care research, demonstration, and
    evaluation activities.

                           Social Services Block Grant

        For making grants to States pursuant to section 2002 of the Social
    Security Act, $1,700,000,000: Provided, That notwithstanding
    subparagraph (B) of section 404(d)(2) of such Act, the applicable
    percent specified under such subparagraph for a State to carry out
    State programs pursuant to title XX of such Act shall be 10 percent.

                     Children and Families Services Programs

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Developmental Disabilities Assistance and Bill
    of Rights Act, the Head Start Act, the Child Abuse Prevention and
    Treatment Act, sections 310 and 316 of the Family Violence Prevention
    and Services Act, as amended, the Native American Programs Act of 1974,
    title II of Public Law 95-266 (adoption opportunities), the Adoption
    and Safe Families Act of 1997 (Public Law 105-89), sections 1201 and
    1211 of the Children's Health Act of 2000, the Abandoned Infants
    Assistance Act of 1988, sections 261 and 291 of the Help America Vote
    Act of 2002, the Early Learning Opportunities Act, part B(1) of title
    IV and sections 413, 429A, 1110, and 1115 of the Social Security Act,
    and sections 40155, 40211, and 40241 of Public Law 103-322; for making
    payments under the Community Services Block Grant Act, sections 439(h),
    473A, and 477(i) of the Social Security Act, and title IV of Public Law
    105-285, and for necessary administrative expenses to carry out said
    Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social
    Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus
    Budget Reconciliation Act of 1981, title IV of the Immigration and
    Nationality Act, section 501 of the Refugee Education Assistance Act of
    1980, sections 40155, 40211, and 40241 of Public Law 103-322, and
    section 126 and titles IV and V of Public Law 100-485, $9,069,853,000,
    of which $32,103,000, to remain available until September 30, 2006,
    shall be for grants to States for adoption incentive payments, as
    authorized by section 473A of title IV of the Social Security Act (42
    U.S.C. 670-679) and may be made for adoptions completed before
    September 30, 2005: Provided further, That $6,898,580,000 shall be for
    making payments under the Head Start Act, of which $1,400,000,000 shall
    become available October 1, 2005 and remain available through September
    30, 2006: Provided further, That $732,385,000 shall be for making
    payments under the Community Services Block Grant Act: Provided
    further, That not less than $7,300,000 shall be for section 680(3)(B)
    of the Community Services Block Grant Act, Provided further, That
    within amounts provided herein for abstinence education for
    adolescents, up to $10,000,000 may be available for a national
    abstinence education campaign: Provided further, That in addition to
    amounts provided herein, $6,000,000 shall be available from amounts
    available under section 241 of the Public Health Service Act to carry
    out the provisions of section 1110 of the Social Security Act: Provided
    further, That to the extent Community Services Block Grant funds are
    distributed as grant funds by a State to an eligible entity as provided
    under the Act, and have not been expended by such entity, they shall
    remain with such entity for carryover into the next fiscal year for
    expenditure by such entity consistent with program purposes: Provided
    further, That the Secretary shall establish procedures regarding the
    disposition of intangible property which permits grant funds, or
    intangible assets acquired with funds authorized under section 680 of
    the Community Services Block Grant Act, as amended, to become the sole
    property of such grantees after a period of not more than 12 years
    after the end of the grant for purposes and uses consistent with the
    original grant: Provided further, That funds appropriated for section
    680(a)(2) of the Community Services Block Grant Act, as amended, shall
    be available for financing construction and rehabilitation and loans or
    investments in private business enterprises owned by community
    development corporations: Provided further, That $55,000,000 is for a
    compassion capital fund to provide grants to charitable organizations
    to emulate model social service programs and to encourage research on
    the best practices of social service organizations: Provided further,
    That $15,000,000 shall be for activities authorized by the Help America
    Vote Act of 2002, of which $10,000,000 shall be for payments to States
    to promote access for voters with disabilities, and of which $5,000,000
    shall be for payments to States for protection and advocacy systems for
    voters with disabilities: Provided further, That $100,000,000 shall be
    for making competitive grants to provide abstinence education (as
    defined by section 510(b)(2) of the Social Security Act) to
    adolescents, and for Federal costs of administering the grant: Provided
    further, That grants under the immediately preceding proviso shall be
    made only to public and private entities which agree that, with respect
    to an adolescent to whom the entities provide abstinence education
    under such grant, the entities will not provide to that adolescent any
    other education regarding sexual conduct, except that, in the case of
    an entity expressly required by law to provide health information or
    services the adolescent shall not be precluded from seeking health
    information or services from the entity in a different setting than the
    setting in which abstinence education was provided: Provided further,
    That in addition to amounts provided herein for abstinence education
    for adolescents, $4,500,000 shall be available from amounts available
    under section 241 of the Public Health Services Act to carry out
    evaluations (including longitudinal evaluations) of adolescent
    pregnancy prevention approaches: Provided further, That $2,000,000
    shall be for improving the Public Assistance Reporting Information
    System, including grants to States to support data collection for a
    study of the system's effectiveness.

                        Promoting Safe and Stable Families

        For carrying out section 436 of the Social Security Act,
    $305,000,000 and for section 437, $99,383,000.

            Payments to States for Foster Care and Adoption Assistance

        For making payments to States or other non-Federal entities under
    title IV-E of the Social Security Act, $5,037,900,000.
        For making payments to States or other non-Federal entities under
    title IV-E of the Act, for the first quarter of fiscal year 2006,
    $1,767,200,000.
        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under section 474 of title IV-E,
    for the last 3 months of the current fiscal year for unanticipated
    costs, incurred for the current fiscal year, such sums as may be
    necessary.

                            Administration on Aging

                            Aging Services Programs

        For carrying out, to the extent not otherwise provided, the Older
    Americans Act of 1965, as amended, and section 398 of the Public Health
    Service Act, $1,404,634,000, of which $5,500,000 shall be available for
    activities regarding medication management, screening, and education to
    prevent incorrect medication and adverse drug reactions; and of which
    $4,558,000 shall remain available until September 30, 2007, for the
    White House Conference on Aging.

                            Office of the Secretary

                         General Departmental Management

        For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six sedans, and for carrying
    out titles III, XVII, XX, and XXI of the Public Health Service Act, and
    the United States-Mexico Border Health Commission Act, $371,975,000,
    together with $55,851,000 to be transferred and expended as authorized
    by section 201(g)(1) of the Social Security Act from the Hospital
    Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund:
    Provided, That of the funds made available under this heading for
    carrying out title XX of the Public Health Service Act, $13,120,000
    shall be for activities specified under section 2003(b)(2), all of
    which shall be for prevention service demonstration grants under
    section 510(b)(2) of title V of the Social Security Act, as amended,
    without application of the limitation of section 2010(c) of said title
    XX: Provided further, That of this amount, $52,838,000 shall be for
    minority AIDS prevention and treatment activities; $14,847,000 shall be
    for an Information Technology Security and Innovation Fund for
    Department-wide activities involving cybersecurity, information
    technology security, and related innovation projects; and $6,000,000
    shall be to assist Afghanistan in the development of maternal and child
    health clinics, consistent with section 103(a)(4)(H) of the Afghanistan
    Freedom Support Act of 2002: Provided further, That no more than
    $2,754,000 shall be available for the Office of the Assistant Secretary
    for Legislation: Provided further, That $50,000,000 shall be
    transferred to the Social Security Administration for processing
    Medicare appeals: Provided further, That specific information requests
    from the chairmen and ranking members of the Subcommittees on Labor,
    Health and Human Services, and Education, and Related Agencies, on
    scientific research or any other matter, shall be transmitted to the
    Committees on Appropriations in a prompt professional manner and within
    the time frame specified in the request: Provided further, That
    scientific information requested by the Committees on Appropriations
    and prepared by government researchers and scientists shall be
    transmitted to the Committees on Appropriations, uncensored and without
    delay.

                           Office of Inspector General

        For expenses necessary for the Office of Inspector General,
    including the hire of passenger motor vehicles for investigations, in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $40,323,000: Provided, That of such amount, necessary sums are
    available for providing protective services to the Secretary and
    investigating non-payment of child support cases for which non-payment
    is a Federal offense under 18 U.S.C. 228.

                             Office for Civil Rights

        For expenses necessary for the Office for Civil Rights,
    $32,043,000, together with not to exceed $3,314,000 to be transferred
    and expended as authorized by section 201(g)(1) of the Social Security
    Act from the Hospital Insurance Trust Fund and the Supplemental Medical
    Insurance Trust Fund.

                                 Policy Research

        For carrying out, to the extent not otherwise provided, research
    studies under section 1110 of the Social Security Act and title III of
    the Public Health Service Act, $20,750,000, which shall be available
    from amounts available under section 241 of the Public Health Service
    Act to carry out national health or human services research and
    evaluation activities: Provided, That the expenditure of any funds
    available under section 241 of the Public Health Service Act are
    subject to the requirements of section 206 of this Act.

          Retirement Pay and Medical Benefits for Commissioned Officers

        For retirement pay and medical benefits of Public Health Service
    Commissioned Officers as authorized by law, for payments under the
    Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
    for medical care of dependents and retired personnel under the
    Dependents' Medical Care Act (10 U.S.C. chapters 55 and 56), such
    amounts as may be required during the current fiscal year. The
    following are definitions for the medical benefits of the Public Health
    Service Commissioned Officers that apply to 10 U.S.C. chapter 56,
    section 1116(c). The source of funds for the monthly accrual payments
    into the Department of Defense Medicare-Eligible Retiree Health Care
    Fund shall be the Retirement Pay and Medical Benefits for Commissioned
    Officers account. For purposes of this Act, the term ``pay of members''
    shall be construed to be synonymous with retirement payments to United
    States Public Health Service officers who are retired for age,
    disability, or length of service; payments to survivors of deceased
    officers; medical care to active duty and retired members and
    dependents and beneficiaries; all of which payments are provided for by
    the Retirement Pay and Medical Benefits for Commissioned Officers
    account.

                 Public Health and Social Services Emergency Fund

        For expenses necessary to support activities related to countering
    potential biological, disease, nuclear, radiological and chemical
    threats to civilian populations, $2,208,287,000: Provided, That this
    amount is distributed as follows: Centers for Disease Control and
    Prevention, $1,173,300,000; Office of the Secretary, $64,438,000;
    Strategic National Stockpile, $400,000,000, to remain available until
    expended; National Institutes of Health, $47,400,000; and Health
    Resources and Services Administration, $523,149,000: Provided further,
    That employees of the Centers for Disease Control and Prevention or the
    Public Health Service, both civilian and Commissioned Officers,
    detailed to States, municipalities, or other organizations under
    authority of section 214 of the Public Health Service Act for purposes
    related to homeland security, shall be treated as non-Federal employees
    for reporting purposes only and shall not be included within any
    personnel ceiling applicable to the Agency, Service, or the Department
    of Health and Human Services during the period of detail or assignment.
        In addition, for activities to ensure a year-round influenza
    vaccine production capacity; the development and implementation of
    rapidly expandable influenza vaccine production technologies; and if
    determined necessary by the Secretary, the purchase of influenza
    vaccine, $100,000,000, to remain available until expended.

                               General Provisions

        Sec. 201. Funds appropriated in this title shall be available for
    not to exceed $50,000 for official reception and representation
    expenses when specifically approved by the Secretary.
        Sec. 202. The Secretary shall make available through assignment not
    more than 60 employees of the Public Health Service to assist in child
    survival activities and to work in AIDS programs through and with funds
    provided by the Agency for International Development, the United
    Nations International Children's Emergency Fund or the World Health
    Organization.
        Sec. 203. None of the funds appropriated under this Act may be used
    to implement section 399F(b) of the Public Health Service Act or
    section 1503 of the National Institutes of Health Revitalization Act of
    1993, Public Law 103-43.
        Sec. 204. None of the funds appropriated in this Act for the
    National Institutes of Health, the Agency for Healthcare Research and
    Quality, and the Substance Abuse and Mental Health Services
    Administration shall be used to pay the salary of an individual,
    through a grant or other extramural mechanism, at a rate in excess of
    Executive Level I.
        Sec. 205. None of the funds appropriated in this title for Head
    Start shall be used to pay the compensation of an individual, either as
    direct costs or any proration as an indirect cost, at a rate in excess
    of Executive Level II.
        Sec. 206. None of the funds appropriated in this Act may be
    expended pursuant to section 241 of the Public Health Service Act,
    except for funds specifically provided for in this Act, or for other
    taps and assessments made by any office located in the Department of
    Health and Human Services, prior to the Secretary's preparation and
    submission of a report to the Committee on Appropriations of the Senate
    and of the House detailing the planned uses of such funds.
        Sec. 207. Notwithstanding section 241(a) of the Public Health
    Service Act, such portion as the Secretary shall determine, but not
    more than 2.4 percent, of any amounts appropriated for programs
    authorized under said Act shall be made available for the evaluation
    (directly, or by grants or contracts) of the implementation and
    effectiveness of such programs.

                               (transfer of funds)

        Sec. 208. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended) which are appropriated for the current fiscal year
    for the Department of Health and Human Services in this Act may be
    transferred between a program, project, or activity, but no such
    program, project, or activity shall be increased by more than 3 percent
    by any such transfer: Provided, That a program, project, or activity
    may be increased by up to an additional 2 percent subject to approval
    by the House and Senate Committees on Appropriations: Provided further,
    That the Appropriations Committees of both Houses of Congress are
    notified at least 15 days in advance of any transfer.
        Sec. 209. Of the amounts made available in this Act for the
    National Institutes of Health, the amount for research related to the
    human immunodeficiency virus, as jointly determined by the Director of
    the National Institutes of Health and the Director of the Office of
    AIDS Research, shall be made available to the ``Office of AIDS
    Research'' account. The Director of the Office of AIDS Research shall
    transfer from such account amounts necessary to carry out section
    2353(d)(3) of the Public Health Service Act.
        Sec. 210. None of the funds appropriated in this Act may be made
    available to any entity under title X of the Public Health Service Act
    unless the applicant for the award certifies to the Secretary that it
    encourages family participation in the decision of minors to seek
    family planning services and that it provides counseling to minors on
    how to resist attempts to coerce minors into engaging in sexual
    activities.
        Sec. 211. None of the funds appropriated by this Act (including
    funds appropriated to any trust fund) may be used to carry out the
    Medicare+Choice program if the Secretary denies participation in such
    program to an otherwise eligible entity (including a Provider Sponsored
    Organization) because the entity informs the Secretary that it will not
    provide, pay for, provide coverage of, or provide referrals for
    abortions: Provided, That the Secretary shall make appropriate
    prospective adjustments to the capitation payment to such an entity
    (based on an actuarially sound estimate of the expected costs of
    providing the service to such entity's enrollees): Provided further,
    That nothing in this section shall be construed to change the Medicare
    program's coverage for such services and a Medicare+Choice organization
    described in this section shall be responsible for informing enrollees
    where to obtain information about all Medicare covered services.
        Sec. 212. Notwithstanding any other provision of law, no provider
    of services under title X of the Public Health Service Act shall be
    exempt from any State law requiring notification or the reporting of
    child abuse, child molestation, sexual abuse, rape, or incest.
        Sec. 213. The Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                (A) in subsection (b)(3), by striking ``1997, 1998, 1999,
            2000, 2001, 2002, 2003, 2004, and 2005'' and inserting ``1997,
            1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, and 2006'';
                (B) in subsection (e), by striking ``October 1, 2004'' each
            place it appears and inserting ``October 1, 2005''; and
                (C) in subsection (b)(1)--
                    (i) in subparagraph (A), by striking ``and'' at the
                end;
                    (ii) in subparagraph (B), by striking the period and
                inserting ``; and''; and
                    (iii) by adding at the end the following:
            ``(C) one or more categories of aliens who are or were
        nationals and residents of the Islamic Republic or Iran who, as
        members of a religious minority in Iran, share common
        characteristics that identify them as targets of persecution in
        that state on account of race, religion, nationality, membership in
        a particular social group, or political opinion.''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2),
        by striking ``September 30, 2004'' and inserting ``September 30,
        2005''.
        Sec. 214. (a) Except as provided by subsection (e) none of the
    funds appropriated by this Act may be used to withhold substance abuse
    funding from a State pursuant to section 1926 of the Public Health
    Service Act (42 U.S.C. 300x-26) if such State certifies to the
    Secretary of Health and Human Services by May 1, 2005 that the State
    will commit additional State funds, in accordance with subsection (b),
    to ensure compliance with State laws prohibiting the sale of tobacco
    products to individuals under 18 years of age.
        (b) The amount of funds to be committed by a State under subsection
    (a) shall be equal to 1 percent of such State's substance abuse block
    grant allocation for each percentage point by which the State misses
    the retailer compliance rate goal established by the Secretary of
    Health and Human Services under section 1926 of such Act.
        (c) The State is to maintain State expenditures in fiscal year 2005
    for tobacco prevention programs and for compliance activities at a
    level that is not less than the level of such expenditures maintained
    by the State for fiscal year 2004, and adding to that level the
    additional funds for tobacco compliance activities required under
    subsection (a). The State is to submit a report to the Secretary on all
    fiscal year 2004 State expenditures and all fiscal year 2005
    obligations for tobacco prevention and compliance activities by program
    activity by July 31, 2005.
        (d) The Secretary shall exercise discretion in enforcing the timing
    of the State obligation of the additional funds required by the
    certification described in subsection (a) as late as July 31, 2005.
        (e) None of the funds appropriated by this Act may be used to
    withhold substance abuse funding pursuant to section 1926 from a
    territory that receives less than $1,000,000.
        Sec. 215. In order for the Centers for Disease Control and
    Prevention to carry out international health activities, including HIV/
    AIDS and other infectious disease, chronic and environmental disease,
    and other health activities abroad during fiscal year 2005, the
    Secretary of Health and Human Services--
            (1) may exercise authority equivalent to that available to the
        Secretary of State in section 2(c) of the State Department Basic
        Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary of
        Health and Human Services shall consult with the Secretary of State
        and relevant Chief of Mission to ensure that the authority provided
        in this section is exercised in a manner consistent with section
        207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) and other
        applicable statutes administered by the Department of State, and
            (2) is authorized to provide such funds by advance or
        reimbursement to the Secretary of State as may be necessary to pay
        the costs of acquisition, lease, alteration, renovation, and
        management of facilities outside of the United States for the use
        of the Department of Health and Human Services. The Department of
        State shall cooperate fully with the Secretary of Health and Human
        Services to ensure that the Department of Health and Human Services
        has secure, safe, functional facilities that comply with applicable
        regulation governing location, setback, and other facilities
        requirements and serve the purposes established by this Act. The
        Secretary of Health and Human Services is authorized, in
        consultation with the Secretary of State, through grant or
        cooperative agreement, to make available to public or nonprofit
        private institutions or agencies in participating foreign
        countries, funds to acquire, lease, alter, or renovate facilities
        in those countries as necessary to conduct programs of assistance
        for international health activities, including activities relating
        to HIV/AIDS and other infectious diseases, chronic and
        environmental diseases, and other health activities abroad.
        Sec. 216. The Division of Federal Occupational Health may utilize
    personal services contracting to employ professional management/
    administrative and occupational health professionals.
        Sec. 217. (a) Authority.--Notwithstanding any other provision of
    law, the Director of the National Institutes of Health may use funds
    available under section 402(i) of the Public Health Service Act (42
    U.S.C. 282(i)) to enter into transactions (other than contracts,
    cooperative agreements, or grants) to carry out research in support of
    the NIH Roadmap Initiative of the Director.
        (b) Peer Review.--In entering into transactions under subsection
    (a), the Director of the National Institutes of Health may utilize such
    peer review procedures (including consultation with appropriate
    scientific experts) as the Director determines to be appropriate to
    obtain assessments of scientific and technical merit. Such procedures
    shall apply to such transactions in lieu of the peer review and
    advisory council review procedures that would otherwise be required
    under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492,
    and 494 of the Public Health Service Act (42 U.S.C. 241, 284(b)(1)(B),
    284(b)(2), 284a(a)(3)(A), 289a, and 289c).
        Sec. 218. Notwithstanding any other provisions of law, funds made
    available under this heading may be used to continue operating the
    Council on Graduate Medical Education established by section 301 of
    Public Law 102-408.
        Sec. 219. (a) Notwithstanding section 412.23(b)(2) of title 42 of
    the Code of Federal Regulations, none of the funds appropriated by this
    Act may be expended by the Secretary of Health and Human Services to
    treat a hospital or unit of a hospital that was certified by the
    Secretary as an inpatient rehabilitation facility on or before June 30,
    2004, as a subsection (d) hospital (as defined in section 1886(d)(1)(B)
    of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) until, not
    later than 60 days after the date on which the report under subsection
    (b) is issued, the Secretary, taking into account the recommendations
    in such report--
            (1) determines that the classification criteria of hospitals
        and units of hospitals as inpatient rehabilitation facilities under
        such section 412.23(b)(2) are not inconsistent with such
        recommendations; or
            (2) promulgates a regulation providing for revised criteria
        under such section 412.23(b)(2), which regulation shall be
        effective and final immediately on an interim basis as of the date
        of publication of the regulation.
        (b) The study referred to in subsection (a) is a study by the
    Comptroller General of the United States directed in the statement of
    managers accompanying the conference report on the bill H.R. 1 of the
    108th Congress regarding clinically appropriate standards for defining
    inpatient rehabilitation services under such section 412.23(b)(2).
        Sec. 220. In addition to funds appropriated to the Office of
    Inspector General of the Department of Health and Human Services under
    Public Law 104-191 and this Act, $25,000,000 shall be transferred from
    amounts appropriated under section 1015(a)(1) of Public Law 108-173 for
    activities by the Office of Inspector General of the Department of
    Health and Human Services relating to oversight of programs established
    or revised by Public Law 108-173.
        Sec. 221. The unobligated balance of the Health Professions Student
    Loan program authorized in Subpart II, Federally-Supported Student Loan
    Funds, of title VII of the Public Health Services Act is rescinded.
        Sec. 222. The unobligated balance of the Nursing Student Loan
    program authorized by section 835 of the Public Health Services Act is
    rescinded.
        Sec. 223. The unobligated balance, excluding amounts necessary for
    the costs of potential defaults, in the Medical Facilities Guarantee
    and Loan Fund is rescinded.
        Sec. 224. The unobligated balance in the amount of $20,000,000
    appropriated by Public Law 108-11 under the heading ``Public Health and
    Social Services Emergency Fund'' is rescinded.
        Sec. 225. The Center for Biodefense and Emerging Infectious
    Diseases (Building 33) at the National Institutes of Health is hereby
    named the C.W. Bill Young Center for Biodefense and Emerging Infectious
    Diseases.
        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2005''.

                       TITLE III--DEPARTMENT OF EDUCATION

                        Education for the Disadvantaged

        For carrying out title I of the Elementary and Secondary Education
    Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
    1965, $14,963,683,000, of which $7,382,995,000 shall become available
    on July 1, 2005, and shall remain available through September 30, 2006,
    and of which $7,383,301,000 shall become available on October 1, 2005,
    and shall remain available through September 30, 2006 for academic year
    2005-2006, and of which $25,000,000 shall become available on October
    1, 2004 and shall remain available until September 30, 2006: Provided,
    That $7,037,592,000 shall be available for basic grants under section
    1124: Provided further, That up to $3,500,000 of these funds shall be
    available to the Secretary of Education on October 1, 2004, to obtain
    annually updated educational-agency-level census poverty data from the
    Bureau of the Census: Provided further, That $1,365,031,000 shall be
    available for concentration grants under section 1124A: Provided
    further, That $2,219,843,000 shall be available for targeted grants
    under section 1125: Provided further, That $2,219,843,000 shall be
    available for education finance incentive grants under section 1125A:
    Provided further, That $25,000,000, available until September 30, 2006,
    shall be for a striving readers initiative authorized under section
    1502 of the ESEA: Provided further, That $9,500,000 shall be available
    to carry out part E of title I: Provided further, That from the funds
    available to carry out part E of title I, up to $1,000,000 shall be
    available to the Secretary of Education to provide technical assistance
    to State and local educational agencies concerning part A of title I:
    Provided further, That $207,000,000 shall be available for
    comprehensive school reform grants under part F of the ESEA.

                                   Impact Aid

        For carrying out programs of financial assistance to federally
    affected schools authorized by title VIII of the Elementary and
    Secondary Education Act of 1965, $1,253,893,000, of which
    $1,083,687,000 shall be for basic support payments under section
    8003(b), $50,369,000 shall be for payments for children with
    disabilities under section 8003(d), $48,936,000 shall be for
    construction under section 8007 and shall remain available through
    September 30, 2006, $63,000,000 shall be for Federal property payments
    under section 8002, and $7,901,000, to remain available until expended,
    shall be for facilities maintenance under section 8008: Provided, That
    $3,000,000 of the funds for section 8007 shall be available for the
    local educational agencies and in the amounts specified in the
    statement of the managers on the conference report accompanying this
    Act: Provided further, That, notwithstanding any other provision of
    law, these funds shall remain available until expended: Provided
    further, That for purposes of computing the amount of a payment for an
    eligible local educational agency under section 8003(a) of the
    Elementary and Secondary Education Act (20 U.S.C. 7703(a)) for school
    year 2004-2005, children enrolled in a school of such agency that would
    otherwise be eligible for payment under section 8003(a)(1)(B) of such
    Act, but due to the deployment of both parents or legal guardians, or a
    parent or legal guardian having sole custody of such children, or due
    to the death of a military parent or legal guardian while on active
    duty (so long as such children reside on Federal property as described
    in section 8003(a)(1)(B)), are no longer eligible under such section,
    shall be considered as eligible students under such section, provided
    such students remain in average daily attendance at a school in the
    same local educational agency they attended prior to their change in
    eligibility status.

                          School Improvement Programs

        For carrying out school improvement activities authorized by titles
    II, part B of title IV, part A and subparts 6 and 9 of part D of title
    V, parts A and B of title VI, and parts B and C of title VII of the
    Elementary and Secondary Education Act of 1965 (``ESEA''); the
    McKinney-Vento Homeless Assistance Act; section 203 of the Educational
    Technical Assistance Act of 2002; the Compact of Free Association
    Amendments Act of 2003; and the Civil Rights Act of 1964,
    $5,664,977,000, of which $4,034,196,000 shall become available on July
    1, 2005, and remain available through September 30, 2006, and of which
    $1,435,000,000 shall become available on October 1, 2005, and shall
    remain available through September 30, 2006, for academic year 2005-
    2006: Provided, That funds made available to carry out part B of title
    VII of the ESEA may be used for construction, renovation and
    modernization of any elementary school, secondary school, or structure
    related to an elementary school or secondary school, run by the
    Department of Education of the State of Hawaii, that serves a
    predominantly Native Hawaiian student body: Provided further, That from
    the funds referred to in the preceding proviso, not less than
    $1,000,000 shall be for a grant to the Department of Education of the
    State of Hawaii for the activities described in such proviso, and
    $600,000 shall be for a grant to the University of Hawaii School of Law
    for a Center of Excellence in Native Hawaiian law: Provided further,
    That funds made available to carry out part C of title VII of the ESEA
    may be used for construction: Provided further, That from the funds
    referred to in the preceding proviso, $2,000,000 shall be provided to
    the Yuut Elitnaurviut Vocational Learning Center in Bethel, Alaska for
    construction; $1,000,000 shall be provided to the University of Alaska
    Anchorage for high school enrichment programs of the UAA Native Science
    and Engineering program; and notwithstanding any other provision of
    law, of the funds available to the Alaska Native Heritage Center, up to
    $1,000,000 may be used for repair and renovation of buildings on its
    campus: Provided further, That $415,000,000 shall be for State
    assessments and related activities authorized under sections 6111 and
    6112 of the ESEA: Provided further, That the amount made available in
    the Department of Education Appropriations Act, 2004, under the heading
    School Improvement Programs and including any funds transferred by the
    Secretary of Education pursuant to section 304 of that Act for State
    assessment grants authorized under section 6111 of the Elementary and
    Secondary Education Act of 1965, shall not be less than $390,000,000:
    Provided further, That, notwithstanding any other provision of law,
    including any across-the-board reduction that would otherwise apply,
    the funds made available for fiscal year 2005 under the heading School
    Improvement Programs for State assessment grants under section 6111 of
    the Elementary and Secondary Education Act of 1965 shall not be less
    than $400,000,000: Provided further, That $57,283,000 shall be
    available to carry out section 203 of the Educational Technical
    Assistance Act of 2002: Provided further, That $29,111,000 shall be
    available to carry out part D of title V of the ESEA: Provided further,
    That no funds appropriated under this heading may be used to carry out
    section 5494 under the ESEA: Provided further, That $12,230,000 shall
    be available to carry out the Supplemental Education Grants program for
    the Federated States of Micronesia, and $6,100,000 shall be available
    to carry out the Supplemental Education Grants program for the Republic
    of the Marshall Islands: Provided further, That up to 5 percent of
    these amounts may be reserved by the Federated States of Micronesia and
    the Republic of the Marshall Islands to administer the Supplemental
    Education Grants programs and to obtain technical assistance, oversight
    and consultancy services in the administration of these grants and to
    reimburse the United States Departments of Labor, Health and Human
    Services, and Education for such services.

                                Indian Education

        For expenses necessary to carry out, to the extent not otherwise
    provided, title VII, part A of the Elementary and Secondary Education
    Act of 1965, $120,856,000.

                           Innovation and Improvement

        For carrying out activities authorized by parts G and H of title I,
    subpart 5 of part A and parts C and D of title II, parts B, C, and D of
    title V, and section 1504 of the Elementary and Secondary Education Act
    of 1965 (``ESEA''), $1,101,454,000: Provided, That $17,000,000 shall be
    available to carry out section 2151(c) of the ESEA, of which not less
    than $10,000,000 shall be provided to the National Board for
    Professional Teaching Standards, and not less than $7,000,000 shall be
    provided to the American Board for the Certification of Teacher
    Excellence: Provided further, That $37,279,000 shall be for subpart 2
    of part B of title V: Provided further, That $417,418,000 shall be
    available to carry out part D of title V of the ESEA: Provided further,
    That $246,963,000 of the funds for subpart 1, part D of title V of the
    ESEA shall be available for the projects and in the amounts specified
    in the statement of the managers on the conference report accompanying
    this Act.

                     Safe Schools and Citizenship Education

        For carrying out activities authorized by subpart 3 of part C of
    title II, part A of title IV, and subparts 2, 3 and 10 of part D of
    title V of the Elementary and Secondary Education Act of 1965
    (``ESEA''), title VIII-D of the Higher Education Amendments of 1998,
    and Public Law 102-73, $867,713,000, of which $467,908,000, shall
    become available on July 1, 2005 and remain available through September
    30, 2006: Provided, That of the amount available for subpart 2 of part
    A of title IV of the ESEA, $850,000 shall be used to continue the
    National Recognition Awards program under the same guidelines outlined
    by section 120(f) of Public Law 105-244: Provided further, That
    $440,908,000 shall be available for subpart 1 of part A of title IV and
    $236,472,000 shall be available for subpart 2 of part A of title IV:
    Provided further, That $133,691,000 shall be available to carry out
    part D of title V of the ESEA: Provided further, That of the funds
    available to carry out subpart 3 of part C of title II, up to
    $12,292,000 may be used to carry out section 2345 and $3,050,000 shall
    be used by the Center for Civic Education to implement a comprehensive
    program to improve public knowledge, understanding, and support of the
    Congress and the State legislatures: Provided further, That $27,000,000
    shall be for Youth Offender Grants, of which $5,000,000 shall be used
    in accordance with section 601 of Public Law 102-73 as that section was
    in effect prior to enactment of Public Law 105-220: Provided further,
    That of the funds available to carry out subpart 10 of part D of title
    V, up to $2,000,000 may be used to support the Special Olympics
    National Summer Games.

                          English Language Acquisition

        For carrying out part A of title III of the ESEA, $681,215,000, of
    which $595,715,000 shall become available on July 1, 2005, and shall
    remain available through September 30, 2006: Provided, That funds
    reserved under section 3111(c)(1)(D) of the ESEA that are not used in
    accordance with section 3111(c)(2) may be added to the funds that are
    available July 1, 2005, through September 30, 2006, for State
    allotments under section 3111(c)(3).

                               Special Education

        For carrying out parts B, C, and D of the Individuals with
    Disabilities Education Act, $11,767,748,000, of which $6,145,270,000
    shall become available for obligation on July 1, 2005, and shall remain
    available through September 30, 2006, and of which $5,413,000,000 shall
    become available on October 1, 2005, and shall remain available through
    September 30, 2006, for academic year 2005-2006: Provided, That
    $11,400,000 shall be for Recording for the Blind and Dyslexic, Inc., to
    support the development, production, and circulation of recorded
    educational materials: Provided further, That $1,500,000 shall be for
    the recipient of funds provided by Public Law 105-78 under section
    687(b)(2)(G) of the Act (as in effect prior to the enactment of the
    Individuals with Disabilities Education Improvement Act of 2004) to
    provide information on diagnosis, intervention, and teaching strategies
    for children with disabilities: Provided further, That the amount for
    section 611(c) of the Act shall be equal to the amount available for
    that section during fiscal year 2004, increased by the amount of
    inflation as specified in section 611(f)(1)(B)(ii) of the Act (as in
    effect prior to the enactment of the Individuals with Disabilities
    Education Improvement Act of 2004).

                Rehabilitation Services and Disability Research

        For carrying out, to the extent not otherwise provided, the
    Rehabilitation Act of 1973, the Assistive Technology Act of 1998 (``the
    AT Act''), and the Helen Keller National Center Act, $3,076,112,000, of
    which $1,000,000 shall be awarded to the American Academy of Orthotists
    and Prosthetists for activities that further the purposes of the grant
    received by the Academy for the period beginning October 1, 2003,
    including activities to meet the demand for orthotic and prosthetic
    provider services and improve patient care: Provided, That $30,000,000
    shall be used for carrying out the AT Act, including $4,420,760 for
    State grants for protection and advocacy under section 5 of the AT Act
    and $4,055,000 shall be for alternative financing programs: Provided
    further, That the Federal share of grants for alternative financing
    programs under section 4(b)(2)(D) of the AT Act shall not exceed 75
    percent, and the requirements in section 301(c)(2) and section 302 of
    the AT Act (as in effect on the day before the date of enactment of the
    Assistive Technology Act of 2004) shall not apply to such grants:
    Provided further, That $7,030,000 of the funds for section 303 of the
    Rehabilitation Act of 1973 shall be available for the projects and in
    the amounts specified in the statement of the managers of the
    conference report accompanying this Act.

               Special Institutions for Persons With Disabilities

                      American Printing House for the Blind

        For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
    101 et seq.), $17,000,000.

                    National Technical Institute for the Deaf

        For the National Technical Institute for the Deaf under titles I
    and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
    seq.), $55,790,000, of which $1,685,000 shall be for construction and
    shall remain available until expended: Provided, That from the total
    amount available, the Institute may at its discretion use funds for the
    endowment program as authorized under section 207.

                               Gallaudet University

        For the Kendall Demonstration Elementary School, the Model
    Secondary School for the Deaf, and the partial support of Gallaudet
    University under titles I and II of the Education of the Deaf Act of
    1986 (20 U.S.C. 4301 et seq.), $105,400,000: Provided, That from the
    total amount available, the University may at its discretion use funds
    for the endowment program as authorized under section 207.

                         Vocational and Adult Education

        For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Vocational and Technical Education Act of 1998, the Adult
    Education and Family Literacy Act, and subparts 4 and 11 of part D of
    title V of the Elementary and Secondary Education Act of 1965
    (``ESEA''), $2,027,166,000, of which $1,226,404,000 shall become
    available on July 1, 2005 and shall remain available through September
    30, 2006 and of which $791,000,000 shall become available on October 1,
    2005 and shall remain available through September 30, 2006: Provided,
    That of the amount provided for Adult Education State Grants,
    $69,135,000 shall be made available for integrated English literacy and
    civics education services to immigrants and other limited English
    proficient populations: Provided further, That of the amount reserved
    for integrated English literacy and civics education, notwithstanding
    section 211 of the Adult Education and Family Literacy Act, 65 percent
    shall be allocated to States based on a State's absolute need as
    determined by calculating each State's share of a 10-year average of
    the Immigration and Naturalization Service data for immigrants admitted
    for legal permanent residence for the 10 most recent years, and 35
    percent allocated to States that experienced growth as measured by the
    average of the 3 most recent years for which Immigration and
    Naturalization Service data for immigrants admitted for legal permanent
    residence are available, except that no State shall be allocated an
    amount less than $60,000: Provided further, That of the amounts made
    available for the Adult Education and Family Literacy Act, $9,169,000
    shall be for national leadership activities under section 243 and
    $6,692,000 shall be for the National Institute for Literacy under
    section 242: Provided further, That $100,238,000 shall be available to
    carry out part D of title V of the ESEA: Provided further, That
    $95,238,000 shall be available to support the activities authorized
    under subpart 4 of part D of title V of the Elementary and Secondary
    Education Act of 1965, of which up to 5 percent shall become available
    October 1, 2004 and shall remain available through September 30, 2006,
    for evaluation, technical assistance, school networking, peer review of
    applications, and program outreach activities, and of which not less
    than 95 percent shall become available on July 1, 2005, and remain
    available through September 30, 2006, for grants to local educational
    agencies: Provided further, That funds made available to local
    education agencies under this subpart shall be used only for activities
    related to establishing smaller learning communities in high schools.

                          Student Financial Assistance

        For carrying out subparts 1, 3 and 4 of part A, part C and part E
    of title IV of the Higher Education Act of 1965, as amended,
    $14,380,795,000, which shall remain available through September 30,
    2006.
        The maximum Pell Grant for which a student shall be eligible during
    award year 2005-2006 shall be $4,050.

                           Student Aid Administration

        For Federal administrative expenses (in addition to funds made
    available under section 458), to carry out part D of title I, and
    subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV of
    the Higher Education Act of 1965, as amended, $120,247,000.

                                Higher Education

        For carrying out, to the extent not otherwise provided, section 121
    and titles II, III, IV, V, VI, and VII of the Higher Education Act of
    1965 (``HEA''), as amended, section 1543 of the Higher Education
    Amendments of 1992, the Mutual Educational and Cultural Exchange Act of
    1961, title VIII of the Higher Education Amendments of 1998, and
    section 117 of the Carl D. Perkins Vocational and Technical Education
    Act, $2,134,269,000, of which $1,500,000 for interest subsidies
    authorized by section 121 of the HEA shall remain available until
    expended: Provided, That $9,876,000, to remain available through
    September 30, 2006, shall be available to fund fellowships for academic
    year 2006-2007 under part A, subpart 1 of title VII of said Act, under
    the terms and conditions of part A, subpart 1: Provided further, That
    notwithstanding any other provision of law or any regulation, the
    Secretary of Education shall not require the use of a restricted
    indirect cost rate for grants issued pursuant to section 117 of the
    Carl D. Perkins Vocational and Technical Education Act of 1998:
    Provided further, That $988,000 is for data collection and evaluation
    activities for programs under the HEA, including such activities needed
    to comply with the Government Performance and Results Act of 1993:
    Provided further, That notwithstanding any other provision of law,
    funds made available in this Act to carry out title VI of the HEA and
    section 102(b)(6) of the Mutual Educational and Cultural Exchange Act
    of 1961 may be used to support visits and study in foreign countries by
    individuals who are participating in advanced foreign language training
    and international studies in areas that are vital to United States
    national security and who plan to apply their language skills and
    knowledge of these countries in the fields of government, the
    professions, or international development: Provided further, That of
    the funds referred to in the preceding proviso up to 1 percent may be
    used for program evaluation, national outreach, and information
    dissemination activities and $1,500,000 shall be used for a contract
    with the National Research Council to carry out an independent review
    of title VI international education and foreign language studies and
    the section 102(b)(6) Fulbright-Hays programs: Provided further, That
    the funds provided for title II of the HEA shall be allocated
    notwithstanding section 210 of such Act: Provided further, That
    $146,360,000 of the funds for part B of title VII of the Higher
    Education Act of 1965 shall be available for the projects and in the
    amounts specified in the statement of the managers of the conference
    report accompanying this Act.

                               Howard University

        For partial support of Howard University (20 U.S.C. 121 et seq.),
    $240,715,000, of which not less than $3,552,000 shall be for a matching
    endowment grant pursuant to the Howard University Endowment Act (Public
    Law 98-480) and shall remain available until expended.

             College Housing and Academic Facilities Loans Program

        For Federal administrative expenses authorized under section 121 of
    the Higher Education Act of 1965, $578,000 to carry out activities
    related to existing facility loans entered into under the Higher
    Education Act of 1965.

      Historically Black College and University Capital Financing Program
                                    Account

        The aggregate principal amount of outstanding bonds insured
    pursuant to section 344 of title III, part D of the Higher Education
    Act of 1965, shall not exceed $357,000,000, and the cost, as defined in
    section 502 of the Congressional Budget Act of 1974, of such bonds
    shall not exceed zero.
        For administrative expenses to carry out the Historically Black
    College and University Capital Financing Program entered into pursuant
    to title III, part D of the Higher Education Act of 1965, as amended,
    $212,000.

                        Institute of Education Sciences

        For carrying out activities authorized by the Education Sciences
    Reform Act of 2002, as amended, The National Assessment of Educational
    Progress Authorization Act, and section 208 of the Educational
    Technical Assistance Act of 2002, $527,453,000: Provided, That, of the
    amount appropriated, $190,518,000 shall be available for obligation
    until September 30, 2006: Provided further, That $83,774,000 shall be
    for research and innovation in special education authorized under
    section 177 of the Education Science Reform Act, as amended: Provided
    further, That $10,623,000 of the funds for section 177 of the Act shall
    be available for the projects and in the amounts specified in the
    statement of the managers of the conference report accompanying this
    Act.

                            Departmental Management

                              Program Administration

        For carrying out, to the extent not otherwise provided, the
    Department of Education Organization Act, including rental of
    conference rooms in the District of Columbia and hire of three
    passenger motor vehicles, $423,379,000.

                             OFFICE FOR CIVIL RIGHTS

        For expenses necessary for the Office for Civil Rights, as
    authorized by section 203 of the Department of Education Organization
    Act, $90,248,000.

                         OFFICE OF THE INSPECTOR GENERAL

        For expenses necessary for the Office of the Inspector General, as
    authorized by section 212 of the Department of Education Organization
    Act, $47,790,000.

                               General Provisions

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

                               (transfer of funds)

        Sec. 304. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended) which are appropriated for the Department of
    Education in this Act may be transferred between appropriations, but no
    such appropriation shall be increased by more than 3 percent by any
    such transfer: Provided, That the Appropriations Committees of both
    Houses of Congress are notified at least 15 days in advance of any
    transfer.
        Sec. 305. Section 8002(m) of the Elementary and Secondary Education
    Act of 1965 (20 U.S.C. 7702(m)) is amended by striking ``5 years'' each
    place it appears and inserting ``7 years''.
        Sec. 306. (a) Section 167 of division H of the Consolidated
    Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 3) is amended
    by striking ``$200,000, for Western Maine Technical College, South
    Paris, Maine, for education programs and marketing activities'' and
    inserting ``$200,000, for Central Maine Community College, Auburn,
    Maine, for education programs, student recruitment and marketing
    activities at the Central Maine Community College-Western Maine
    University and Community College Center in South Paris, Maine''.
        (b) In the statement of the managers of the committee of conference
    accompanying H.R. 2673 (Public Law 108-199; House Report 108-401), in
    the matter in title III of division E, relating to the Fund for the
    Improvement of Education under the heading ``Innovation and
    Improvement'' the provision specifying $300,000 for the Provo City
    Public Schools, Provo, Utah, to develop, purchase and implement an
    English language instructional program for training and certifying ESL
    teachers shall be deemed to read as follows: ``Provo City Public
    Schools, Provo, Utah, for an English language instructional program,
    $300,000''.
        Sec. 307. Notwithstanding any other provision of law, students from
    the Republic of the Marshall Islands and the Federated States of
    Micronesia enrolled in institutions in the Republic of Palau shall be
    eligible for grants under subpart 1 of part A of title IV of the Higher
    Education Act of 1965 to the extent such grants continue to be
    available to students from the Republic of the Marshall Islands and the
    Federated States of Micronesia who are attending institutions in the
    United States.
        This title may be cited as the ``Department of Education
    Appropriations Act, 2005''.

                           TITLE IV--RELATED AGENCIES

                          Armed Forces Retirement Home

        For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the Armed Forces Retirement Home--Washington and
    the Armed Forces Retirement Home--Gulfport, to be paid from funds
    available in the Armed Forces Retirement Home Trust Fund, $61,624,000,
    of which $4,000,000 shall remain available until expended for
    construction and renovation of the physical plants at the Armed Forces
    Retirement Home--Washington and the Armed Forces Retirement Home--
    Gulfport.

     Committee for Purchase From People Who Are Blind or Severely Disabled

        For expenses necessary of the Committee for Purchase From People
    Who Are Blind or Severely Disabled established by Public Law 92-28,
    $4,707,000.

                 Corporation for National and Community Service

             Domestic Volunteer Service Programs, Operating Expenses

        For expenses necessary for the Corporation for National and
    Community Service to carry out the provisions of the Domestic Volunteer
    Service Act of 1973, as amended, $356,598,000: Provided, That none of
    the funds made available to the Corporation for National and Community
    Service in this Act for activities authorized by section 122 of part C
    of title I and part E of title II of the Domestic Volunteer Service Act
    of 1973 shall be used to provide stipends or other monetary incentives
    to volunteers or volunteer leaders whose incomes exceed 125 percent of
    the national poverty level.

                      Corporation for Public Broadcasting

        For payment to the Corporation for Public Broadcasting, as
    authorized by the Communications Act of 1934, an amount which shall be
    available within limitations specified by that Act, for the fiscal year
    2007, $400,000,000: Provided, That no funds made available to the
    Corporation for Public Broadcasting by this Act shall be used to pay
    for receptions, parties, or similar forms of entertainment for
    Government officials or employees: Provided further, That none of the
    funds contained in this paragraph shall be available or used to aid or
    support any program or activity from which any person is excluded, or
    is denied benefits, or is discriminated against, on the basis of race,
    color, national origin, religion, or sex: Provided further, That for
    fiscal year 2005, in addition to the amounts provided above,
    $39,705,000 shall be for costs related to digital program production,
    development, and distribution, associated with the transition of public
    broadcasting to digital broadcasting, to be awarded as determined by
    the Corporation in consultation with public radio and television
    licensees or permittees, or their designated representatives: Provided
    further, That for fiscal year 2005, in addition to the amounts provided
    above, $40,000,000 shall be for the costs associated with replacement
    and upgrade of the public television interconnection system: Provided
    further, That none of the funds made available to the Corporation for
    Public Broadcasting by this Act, Public Law 108-199 or Public Law 108-
    7, shall be used to support the Television Future Fund or any similar
    purpose.

                   Federal Mediation and Conciliation Service

                              Salaries and Expenses

        For expenses necessary for the Federal Mediation and Conciliation
    Service to carry out the functions vested in it by the Labor Management
    Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
    passenger motor vehicles; for expenses necessary for the Labor-
    Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
    necessary for the Service to carry out the functions vested in it by
    the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
    $44,797,000, including $1,500,000, to remain available through
    September 30, 2006, for activities authorized by the Labor-Management
    Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That
    notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost recovery,
    for special training activities and other conflict resolution services
    and technical assistance, including those provided to foreign
    governments and international organizations, and for arbitration
    services shall be credited to and merged with this account, and shall
    remain available until expended: Provided further, That fees for
    arbitration services shall be available only for education, training,
    and professional development of the agency workforce: Provided further,
    That the Director of the Service is authorized to accept and use on
    behalf of the United States gifts of services and real, personal, or
    other property in the aid of any projects or functions within the
    Director's jurisdiction.

                Federal Mine Safety and Health Review Commission

                              Salaries and Expenses

        For expenses necessary for the Federal Mine Safety and Health
    Review Commission (30 U.S.C. 801 et seq.), $7,872,000.

                    Institute of Museum and Library Services

         Office of Museum and Library Services: Grants and Administration

        For carrying out the Museum and Library Services Act of 1996,
    $282,827,000, to remain available until expended: Provided, That of the
    amount provided, $100,000 shall be awarded to Academy of Natural
    Sciences, Philadelphia, Pennsylvania, for exhibits and programming
    associated with the Lewis and Clark expedition, $300,000 shall be
    awarded to Alaska Native Heritage Museum, Anchorage, AK in cooperation
    with the Koahnic Broadcasting Corporation for its Elders Oral History
    Project, $50,000 shall be awarded to Alex Haley House and Museum,
    Henning, TN to preserve collections and improve exhibits, $100,000
    shall be awarded to Allegheny County, Pittsburgh, Pennsylvania, for
    exhibit design and development, $100,000 shall be awarded to Allentown
    Public Library, Allentown, Pennsylvania, for technological upgrades and
    educational programs, $400,000 shall be awarded to AMISTAD America,
    Inc., New Haven, Connecticut, for an endowment fund as authorized under
    Public Law 108-184, $320,000 shall be awarded to Amistad Research
    Center, Tulane University, New Orleans, Louisiana, for faculty research
    fellowship and student internship programs, $50,000 shall be awarded to
    Anniston Museum of Natural History, Anniston, Alabama, for enhanced
    classroom curriculum, $100,000 shall be awarded to Antiquarian &
    Landmarks Society, Hartford, Connecticut, for the Nathan Hale Homestead
    in Coventry, $100,000 shall be awarded to Arab Community Center for
    Economic and Social Services (ACCESS), Dearborn, Michigan, for exhibits
    and museum programs, $75,000 shall be awarded to Athenaeum of
    Philadelphia, Philadelphia, Pennsylvania, for conservation and
    preservation of library materials, $75,000 shall be awarded to Audubon
    Pennsylvania, Audubon, Pennsylvania, for exhibits and nature education
    programs at the Mill Grove Audubon Center, $200,000 shall be awarded to
    Autry National Center, Los Angeles, California, for exhibits, education
    programs and outreach at its Southwest Museum of the American Indian
    and/or its Museum of the American West, $200,000 shall be awarded to
    Baylor University, Waco, Texas, for archival activities, exhibits, and
    education programs for the Mayborn Museum Complex, $500,000 shall be
    awarded to Beth Medrash Govoha, Lakewood, New Jersey, for equipment,
    exhibits and preservation of collections, $125,000 shall be awarded to
    Bibliographical Society of America, New York, New York, $500,000 shall
    be awarded to Bishop Museum in Hawaii for digitization of old Hawaiian
    language newspapers and other activities to preserve the culture of
    Native Hawaiians, $100,000 shall be awarded to Boys and Girls Harbor,
    New York, New York, for the preservation and digitalization of Raices
    Collection, a multi-media collection documenting the history of Afro-
    Caribbean Latin music in America, $75,000 shall be awarded to Brooklyn
    Academy of Music, Brooklyn, New York, for preservation and management
    of its archives, $50,000 shall be awarded to Business Association of
    West Parkside, Philadelphia, Pennsylvania, to exhibit the Negro Leagues
    Baseball Memorial, $200,000 shall be awarded to Canton Museum of Art,
    Canton, Ohio, to develop and implement the HeARTland program, $100,000
    shall be awarded to Cape Cod Maritime Museum, Hyannis, Massachusetts,
    for the development of exhibitions and programs, $100,000 shall be
    awarded to Carnegie Museums of Pittsburgh, Pittsburgh, Pennsylvania,
    for preservation of collections at the Carnegie Museum of Natural
    History, $25,000 shall be awarded to Catawba County Historical
    Association, Newton, North Carolina, $200,000 shall be awarded to
    Chaldean Community Culture Center, West Bloomfield, Michigan, for
    programs that promote Chaldean language, history, culture and teacher
    training, $400,000 shall be awarded to Charles H. Wright Museum of
    African American History, Detroit, Michigan, for exhibits, education
    programs, technology and operations, $84,000 shall be awarded to Cherry
    Hill Township in New Jersey for improved library technology, $150,000
    shall be awarded to Chicago Historical Society, Chicago, Illinois, for
    expansion of the Chicago Historical Society's collections and exhibits,
    $200,000 shall be awarded to Children's Museum in Oak Lawn, Oak Lawn,
    Illinois, for its ``Explore and Soar'' education program, $100,000
    shall be awarded to City of Henderson, North Carolina, for personnel,
    equipment and technology for the H. Leslie Perry Memorial Library,
    $200,000 shall be awarded to City of Jackson, Mississippi, for the
    Medger Wiley Evers Museum for program and exhibit design and
    development, $250,000 shall be awarded to City of Jackson, Tennessee,
    to support technology upgrades at the Jackson-Madison County Public
    Library, $150,000 shall be awarded to City of Murrieta Public Library,
    Murrieta, California, for a Literacy thru Technology Program, $500,000
    shall be awarded to Claude Pepper Center in Tallahassee, Florida for
    the digitization of library holdings, $100,000 shall be awarded to
    College of Physicians of Philadelphia, Philadelphia, Pennsylvania, to
    preserve its medical library and art collection, $50,000 shall be
    awarded to Colleton County Memorial Library, Walterboro, South
    Carolina, for books and library materials, $76,000 shall be awarded to
    Columbus Museum of Art, Columbus, Ohio, to develop, test, and fabricate
    the exhibition, train teachers and docents and publicize the project
    and produce related educational materials, $72,000 shall be awarded to
    Contra Costa County, Martinez, California, for the Contra Costa Reads
    program, $300,000 shall be awarded to Currier Museum of Art,
    Manchester, New Hampshire for educational programs and community
    outreach, $825,000 shall be awarded to Des Moines Arts Center for the
    protection of the current collection, $500,000 shall be awarded to East
    Tennessee Historical Society, Knoxville, Tennessee, to expand and
    develop exhibits that teach of the culture and history of east
    Tennessee, $30,000 shall be awarded to Edison House Museum, Louisville,
    Kentucky, for educational programs, $100,000 shall be awarded to
    Everhart Museum, Scranton, Pennsylvania, $430,000 shall be awarded to
    Experience Music Project in Seattle, Washington, for an Oral History
    Program, $100,000 shall be awarded to Fairfax County Public Library,
    Fairfax, Virginia, for its Motheread/Fatheread Plus family literacy
    initiative, $800,000 shall be awarded to Field Museum, Chicago,
    Illinois, for establishing networked computer database for collections
    management, $100,000 shall be awarded to Fine Arts Museums of San
    Francisco for the De Young Museum's Art Education Program, $275,000
    shall be awarded to Florence Library Learning Center, Los Angeles,
    California, for reading and other education programs, $650,000 shall be
    awarded to Florida International Museum, St. Petersburg, Florida, for
    professional activities, $500,000 shall be awarded to Folger Library,
    Washington, D.C., for exhibits, operations, and public programs
    including education and outreach, $50,000 shall be awarded to Frederick
    Douglass Museum, Washington, D.C., for an African American cultural
    outreach center, $75,000 shall be awarded to Free Library of
    Philadelphia, Philadelphia, Pennsylvania, for technology and equipment
    upgrades, $350,000 shall be awarded to George Washington University,
    Washington, D.C., for the Eleanor Roosevelt Papers Project, $12,000
    shall be awarded to Greenburgh Public Library, Tarrytown, New York, for
    computers and technology, $50,000 shall be awarded to Greensburg
    Hempfield Area Public Library, Greensburg, Pennsylvania, for computers,
    $500,000 shall be awarded to Grout Museum, Waterloo, Iowa, for
    exhibitions, $200,000 shall be awarded to Harbor Heritage Society,
    Cleveland, Ohio, for MAKING WAVES: Vessel-wide interpretive exhibit
    planning for the Steamship William G. Mather Maritime Museum, $250,000
    shall be awarded to HealthSpace Cleveland, Cleveland, Ohio, for
    exhibits, $75,000 shall be awarded to Hellenic Cultural Association,
    Salt Lake City, Utah, for exhibit and program development at the
    Hellenic Cultural Museum, $150,000 shall be awarded to Hendry County,
    LaBelle, Florida, for books and technology for Harlem Library, $500,000
    shall be awarded to Hesperia Community Library, Hesperia, California,
    $75,000 shall be awarded to Historical Society of Western Pennsylvania,
    Pittsburgh, Pennsylvania, for exhibit and curriculum development for
    the Western Pennsylvania Sports Museum, $75,000 shall be awarded to
    HistoryMakers, Chicago, Illinois, to create a digital archive dedicated
    to preserving the history and accomplishments of African Americans,
    $150,000 shall be awarded to Home Port Alliance for the USS New Jersey
    for restoration and preservation, $100,000 shall be awarded to
    Hopkinsville-Christian County Public Library, Hopkinsville, Kentucky,
    $250,000 shall be awarded to Hunter College, New York, New York, to
    digitize, preserve and archive collections of the Center for Puerto
    Rican Studies and for public access and dissemination activities,
    $300,000 shall be awarded to Huntsville Museum of Art, Huntsville,
    Alabama, for exhibits, technology, outreach and education programs,
    $300,000 shall be awarded to International Museum of Women, San
    Francisco, California, for education and teacher professional
    development programs, $75,000 shall be awarded to Iona College, New
    York, for technology upgrade for the Ryan Library, $150,000 shall be
    awarded to Italian-American Cultural Center of Iowa in Des Moines,
    Iowa, for exhibits, multi-media collections, display, $72,000 shall be
    awarded to Jackson County Library System, Ripley, West Virginia,
    $415,000 shall be awarded to James Ford Bell Museum of Natural History,
    University of Minnesota, Minneapolis, Minnesota, for exhibits and
    education programs, $350,000 shall be awarded to Johnstown Area
    Heritage Association, Johnstown, Pennsylvania, for exhibits and
    education programs for the Heritage Discovery Center, $25,000 shall be
    awarded to Josephine School Community Museum, Berryville, Virginia,
    $400,000 shall be awarded to Kansas State University, Manhattan,
    Kansas, for the 20th Century Soldier Project, $250,000 shall be awarded
    to Kidspace Children's Museum, Pasadena, California, to develop its
    Shake Zone Education Exhibit, $100,000 shall be awarded to Lafayette
    College, Easton, Pennsylvania, for technology updates to the David
    Bishop Skillman Library, $50,000 shall be awarded to Livingston Parish
    Hungarian Museum, Denham Springs, Louisiana, $500,000 shall be awarded
    to Maltz Museum of Jewish Heritage, Beachwood, Ohio, for a Cradle of
    Christianity: Biblical Treasures from the Holy Land traveling
    exhibition, $250,000 shall be awarded to MAPS Air Museum, North Canton,
    Ohio, to develop educational displays, upkeep of current displays,
    library expansion, historical research and operation expenses, $100,000
    shall be awarded to Mauch Chunk Historical Society of Carbon County,
    Jim Thorpe, Pennsylvania, $500,000 shall be awarded to Memphis Zoo,
    Memphis, Tennessee, to develop exhibits and support students programs,
    $400,000 shall be awarded to Miami Museum of Science & Space Transit
    Planetarium, Miami, Florida, for exhibits, outreach, and education
    programs, $200,000 shall be awarded to Mid-Hudson Children's Museum,
    Poughkeepsie, New York, for a Comprehensive Technology Enrichment
    Program to enhance exhibits, $40,000 shall be awarded to Milford Area
    Historical Society, Milford, Ohio, for the Promont House Museum,
    $450,000 shall be awarded to Milton J. Rubenstein Museum of Science and
    Technology, Syracuse, New York, $1,540,000 shall be awarded to Missouri
    Historical Society, St. Louis, Missouri, for the establishment and
    maintenance of an archive for materials relating to the Congressional
    career of the Honorable Richard A. Gephardt, $260,000 shall be awarded
    to Mount Vernon Public Library, Mount Vernon, New York for operations
    and upgrades, $100,000 shall be awarded to Mt. San Antonio College,
    Walnut, California for equipment, $500,000 shall be awarded to Museum
    of Appalachia, Norris, Tennessee, to preserve and restore the
    collection of Appalachian pioneer artifacts, $250,000 shall be awarded
    to Museum of Aviation Foundation, Warner Robin, Georgia, $200,000 shall
    be awarded to Museum of Fine Arts, Boston, Massachusetts, for the
    development of exhibitions and programs, $600,000 shall be awarded to
    Museum of Flight in Seattle, Washington, for the American Fighter Aces
    Archive and Collection, $250,000 shall be awarded to Museum of Science
    and Industry, Chicago, Illinois, for the Science in Your World Program,
    $500,000 shall be awarded to Museum of Science, Boston, Massachusetts,
    for community outreach, exhibit design and development, and educational
    programs, $75,000 shall be awarded to National Center for American
    Revolution, Wayne, Pennsylvania, for exhibit design and curriculum
    development for the Museum of the American Revolution at Valley Forge
    National Historic Park, $100,000 shall be awarded to National City
    Public Library, National City, California, for collections and
    technology, $950,000 shall be awarded to National D-Day Museum in New
    Orleans, Louisiana, to improve the education, outreach, and exhibition
    of the museum, $100,000 shall be awarded to National Museum of American
    Jewish History, Philadelphia, Pennsylvania, to develop a fully
    interactive learning center linked to their web site that will extend
    the reach of the Museum, $1,000,000 shall be awarded to National Museum
    of Women in the Arts, Washington, D.C., $750,000 shall be awarded to
    National Trust for Historic Preservation, Washington, D.C., for the
    Farnsworth House Museum in Plano, Illinois, $2,100,000 shall be awarded
    to Native American Cultural Center and Museum, Oklahoma City, Oklahoma,
    $500,000 shall be awarded to New York Botanical Garden, Bronx, New
    York, for the Virtual Herbarium Project, $1,000,000 shall be awarded to
    New York Hall of Science to develop, expand, and display science-
    related materials, $90,000 shall be awarded to North Carolina Museum of
    Art Foundation, Inc., Raleigh, North Carolina, for exhibits and
    education programs, $1,000,000 shall be awarded to Omaha Performing
    Arts Center in Nebraska for telecommunications systems, $100,000 shall
    be awarded to Pennsylvania Hunting & Fishing Museum, Warren,
    Pennsylvania, to develop curriculum for conservation education,
    $200,000 shall be awarded to Pittsburgh Children's Museum, Pittsburgh,
    Pennsylvania, to expand arts and after-school programs for at-risk
    children, $950,000 shall be awarded to Please Touch Museum,
    Philadelphia, Pennsylvania, to develop educational programs focusing on
    hands-on learning experiences, $320,000 shall be awarded to Portland
    State University, Portland, Oregon, to enhance library collections and
    outreach in the area of Middle Eastern and Judaic Studies, $50,000
    shall be awarded to Putnam County Library, Cookeville, Tennessee, to
    improve exhibits and purchase technology upgrades, $100,000 shall be
    awarded to Reading Company Technical and Historical Society, Inc.,
    Reading, Pennsylvania, to expand interpretive activities, $550,000
    shall be awarded to Rochester Museum & Science Center, Rochester, New
    York, for expansion of exhibitions, $350,000 shall be awarded to Rock
    and Roll Hall of Fame and Museum, Cleveland, Ohio, for music education
    programs, $200,000 shall be awarded to Saint Louis County Economic
    Council, Saint Louis, Missouri, for Jefferson Barracks, $100,000 shall
    be awarded to Sam Davis Memorial Association, Smyrna, Tennessee, for
    interpretive exhibits and education programs for the Sam Davis Home,
    $350,000 shall be awarded to San Bernardino County, San Bernardino,
    California, for the San Bernardino County Museum, $300,000 shall be
    awarded to Save the Speaker's House, Inc., Trappe, Pennsylvania,
    $315,000 shall be awarded to Sci-Quest, The North Alabama Science
    Center, Huntsville, Alabama, for science and mathematics education
    programs, $175,000 shall be awarded to Serra Cooperative Library
    System, San Diego, California, $100,000 shall be awarded to Simon
    Wiesenthal Center's Los Angeles Museum for Tolerance, Los Angeles,
    California, for the Tools for Tolerance for Educators program to
    provide teacher training in diversity, tolerance and cooperation,
    $50,000 shall be awarded to Smithtown Library, Smithtown, New York, for
    equipment and technology for its Virtual Worldwide Neighborhood Website
    Project, $75,000 shall be awarded to Soldiers and Sailors National
    Military Museum and Memorial, Pittsburgh, Pennsylvania, for education
    and outreach programs, $125,000 shall be awarded to Southwest Missouri
    State University, Springfield, Missouri, for digitization of Archives
    and Rare-book Collections at the Meyer Library, $250,000 shall be
    awarded to Stark County Park District, Canton, Ohio, for exhibits,
    $1,000,000 shall be awarded to State Historical Society of Iowa in Des
    Moines, Iowa, for the development of exhibits for the World Food Prize,
    $250,000 shall be awarded to Taft Museum of Art, Cincinnati, Ohio,
    $600,000 shall be awarded to Tubman African American Museum, Macon,
    Georgia, $250,000 shall be awarded to University of Alaska Fairbanks
    for the continuation of the Alaska Digital Archives project, $250,000
    shall be awarded to University of Vermont of Burlington, Vermont, for a
    digitization project for the preservation of Vermont cultural heritage
    materials, $500,000 shall be awarded to Vietnam Archives Center at
    Texas Tech University, Lubbock, Texas, for technology infrastructure,
    $200,000 shall be awarded to Virginia Living Museum, Newport News,
    Virginia, for science education, $135,000 shall be awarded to Waterloo
    Center for the Arts, Waterloo, Iowa, for the Youth Pavillion to provide
    educational programs and exhibit design and development, $400,000 shall
    be awarded to Western Reserve Historical Society, Cleveland, Ohio,
    $25,000 shall be awarded to William McKinley Presidential Library and
    Museum, Canton, Ohio, $50,000 shall be awarded to Williamsburg County
    Library, Kingstree, South Carolina, for books, library materials and
    computers, $250,000 shall be awarded to Winchester Conservation Museum,
    Edgefield, South Carolina, $50,000 shall be awarded to Wisconsin
    Historical Society, Madison, Wisconsin, to catalog and microfilm
    military base papers, $100,000 shall be awarded to Witte Museum, San
    Antonio, Texas, for the Water Works project, $75,000 shall be awarded
    to Woodmere Art Museum, Philadelphia, Pennsylvania, for technology
    upgrades and education and outreach programs, $500,000 shall be awarded
    to Woodrow Wilson Presidential Library, Staunton, Virginia, $100,000
    shall be awarded to World War II Victory Memorial Museum, Auburn,
    Indiana, and $75,000 shall be awarded to Zimmer Children's Museum, Los
    Angeles, California, to develop and expand the youTHink education
    program.

                      Medicare Payment Advisory Commission

                              Salaries and Expenses

        For expenses necessary to carry out section 1805 of the Social
    Security Act, $9,979,000, to be transferred to this appropriation from
    the Federal Hospital Insurance and the Federal Supplementary Medical
    Insurance Trust Funds.

            National Commission on Libraries and Information Science

                              Salaries and Expenses

        For necessary expenses for the National Commission on Libraries and
    Information Science, established by the Act of July 20, 1970 (Public
    Law 91-345, as amended), $1,001,000.

                         National Council on Disability

                              Salaries and Expenses

        For expenses necessary for the National Council on Disability as
    authorized by title IV of the Rehabilitation Act of 1973, as amended,
    $3,371,000.

                         National Labor Relations Board

                              Salaries and Expenses

        For expenses necessary for the National Labor Relations Board to
    carry out the functions vested in it by the Labor-Management Relations
    Act, 1947, as amended (29 U.S.C. 141-167), and other laws,
    $251,875,000: Provided, That no part of this appropriation shall be
    available to organize or assist in organizing agricultural laborers or
    used in connection with investigations, hearings, directives, or orders
    concerning bargaining units composed of agricultural laborers as
    referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
    and as amended by the Labor-Management Relations Act, 1947, as amended,
    and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
    203), and including in said definition employees engaged in the
    maintenance and operation of ditches, canals, reservoirs, and waterways
    when maintained or operated on a mutual, nonprofit basis and at least
    95 percent of the water stored or supplied thereby is used for farming
    purposes.

                            National Mediation Board

                              Salaries and Expenses

        For expenses necessary to carry out the provisions of the Railway
    Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
    appointed by the President, $11,722,000.

                Occupational Safety and Health Review Commission

                              Salaries and Expenses

        For expenses necessary for the Occupational Safety and Health
    Review Commission (29 U.S.C. 661), $10,595,000.

                           Railroad Retirement Board

                          Dual Benefits Payments Account

        For payment to the Dual Benefits Payments Account, authorized under
    section 15(d) of the Railroad Retirement Act of 1974, $108,000,000,
    which shall include amounts becoming available in fiscal year 2005
    pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
    an amount, not to exceed 2 percent of the amount provided herein, shall
    be available proportional to the amount by which the product of
    recipients and the average benefit received exceeds $108,000,000:
    Provided, That the total amount provided herein shall be credited in 12
    approximately equal amounts on the first day of each month in the
    fiscal year.

               Federal Payments to the Railroad Retirement Accounts

        For payment to the accounts established in the Treasury for the
    payment of benefits under the Railroad Retirement Act for interest
    earned on unnegotiated checks, $150,000, to remain available through
    September 30, 2006, which shall be the maximum amount available for
    payment pursuant to section 417 of Public Law 98-76.

                           Limitation on Administration

        For necessary expenses for the Railroad Retirement Board for
    administration of the Railroad Retirement Act and the Railroad
    Unemployment Insurance Act, $103,370,000, to be derived in such amounts
    as determined by the Board from the railroad retirement accounts and
    from moneys credited to the railroad unemployment insurance
    administration fund.

                 Limitation on the Office of Inspector General

        For expenses necessary for the Office of Inspector General for
    audit, investigatory and review activities, as authorized by the
    Inspector General Act of 1978, as amended, not more than $7,254,000, to
    be derived from the railroad retirement accounts and railroad
    unemployment insurance account: Provided, That none of the funds made
    available in any other paragraph of this Act may be transferred to the
    Office; used to carry out any such transfer; used to provide any office
    space, equipment, office supplies, communications facilities or
    services, maintenance services, or administrative services for the
    Office; used to pay any salary, benefit, or award for any personnel of
    the Office; used to pay any other operating expense of the Office; or
    used to reimburse the Office for any service provided, or expense
    incurred, by the Office.

                         Social Security Administration

                     Payments to Social Security Trust Funds

        For payment to the Federal Old-Age and Survivors Insurance and the
    Federal Disability Insurance trust funds, as provided under sections
    201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,454,000.

                       supplemental security income program

        For carrying out titles XI and XVI of the Social Security Act,
    section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
    amended, and section 405 of Public Law 95-216, including payment to the
    Social Security trust funds for administrative expenses incurred
    pursuant to section 201(g)(1) of the Social Security Act,
    $28,586,829,000, to remain available until expended: Provided, That any
    portion of the funds provided to a State in the current fiscal year and
    not obligated by the State during that year shall be returned to the
    Treasury.
        For making, after June 15 of the current fiscal year, benefit
    payments to individuals under title XVI of the Social Security Act, for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
        For making benefit payments under title XVI of the Social Security
    Act for the first quarter of fiscal year 2006, $10,930,000,000, to
    remain available until expended.

                      Limitation on Administrative Expenses

        For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $15,000 for official reception and
    representation expenses, not more than $8,674,296,000 may be expended,
    as authorized by section 201(g)(1) of the Social Security Act, from any
    one or all of the trust funds referred to therein: Provided, That not
    less than $2,000,000 shall be for the Social Security Advisory Board:
    Provided further, That unobligated balances of funds provided under
    this paragraph at the end of fiscal year 2005 not needed for fiscal
    year 2005 shall remain available until expended to invest in the Social
    Security Administration information technology and telecommunications
    hardware and software infrastructure, including related equipment and
    non-payroll administrative expenses associated solely with this
    information technology and telecommunications infrastructure: Provided
    further, That reimbursement to the trust funds under this heading for
    expenditures for official time for employees of the Social Security
    Administration pursuant to section 7131 of title 5, United States Code,
    and for facilities or support services for labor organizations pursuant
    to policies, regulations, or procedures referred to in section 7135(b)
    of such title shall be made by the Secretary of the Treasury, with
    interest, from amounts in the general fund not otherwise appropriated,
    as soon as possible after such expenditures are made.
        In addition, $124,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended. To the extent that
    the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
    fiscal year 2005 exceed $124,000,000, the amounts shall be available in
    fiscal year 2006 only to the extent provided in advance in
    appropriations Acts.
        In addition, up to $3,600,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act
    (Public Law 108-203), which shall remain available until expended.
        From funds previously appropriated for Federal-State Partnerships,
    any unobligated balances at the end of fiscal year 2004 shall be
    transferred to the Supplemental Security Income Program and remain
    available until expended to promote Medicare buy-in programs targeted
    to elderly and disabled individuals under titles XVIII and XIX of the
    Social Security Act.

                           Office of Inspector General

                          (including transfer of funds)

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $25,748,000, together with not to exceed $65,359,000, to be
    transferred and expended as authorized by section 201(g)(1) of the
    Social Security Act from the Federal Old-Age and Survivors Insurance
    Trust Fund and the Federal Disability Insurance Trust Fund.
        In addition, an amount not to exceed 3 percent of the total
    provided in this appropriation may be transferred from the ``Limitation
    on Administrative Expenses'', Social Security Administration, to be
    merged with this account, to be available for the time and purposes for
    which this account is available: Provided, That notice of such
    transfers shall be transmitted promptly to the Committees on
    Appropriations of the House and Senate.

                          TITLE V--GENERAL PROVISIONS

        Sec. 501. The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act: Provided, That such transferred balances are used
    for the same purpose, and for the same periods of time, for which they
    were originally appropriated.
        Sec. 502. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503. (a) No part of any appropriation contained in this Act
    shall be used, other than for normal and recognized executive-
    legislative relationships, for publicity or propaganda purposes, for
    the preparation, distribution, or use of any kit, pamphlet, booklet,
    publication, radio, television, or video presentation designed to
    support or defeat legislation pending before the Congress or any State
    legislature, except in presentation to the Congress or any State
    legislature itself.
        (b) No part of any appropriation contained in this Act shall be
    used to pay the salary or expenses of any grant or contract recipient,
    or agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress or
    any State legislature.
        Sec. 504. The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $20,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is
    authorized to make available for official reception and representation
    expenses not to exceed $5,000 from the funds available for ``Salaries
    and expenses, Federal Mediation and Conciliation Service''; and the
    Chairman of the National Mediation Board is authorized to make
    available for official reception and representation expenses not to
    exceed $5,000 from funds available for ``Salaries and expenses,
    National Mediation Board''.
        Sec. 505. Notwithstanding any other provision of this Act, no funds
    appropriated under this Act shall be used to carry out any program of
    distributing sterile needles or syringes for the hypodermic injection
    of any illegal drug.
        Sec. 506. When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state--
            (1) the percentage of the total costs of the program or project
        which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or
        program; and
            (3) percentage and dollar amount of the total costs of the
        project or program that will be financed by non-governmental
        sources.
        Sec. 507. (a) None of the funds appropriated under this Act, and
    none of the funds in any trust fund to which funds are appropriated
    under this Act, shall be expended for any abortion.
        (b) None of the funds appropriated under this Act, and none of the
    funds in any trust fund to which funds are appropriated under this Act,
    shall be expended for health benefits coverage that includes coverage
    of abortion.
        (c) The term ``health benefits coverage'' means the package of
    services covered by a managed care provider or organization pursuant to
    a contract or other arrangement.
        Sec. 508. (a) The limitations established in the preceding section
    shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or incest;
        or
            (2) in the case where a woman suffers from a physical disorder,
        physical injury, or physical illness, including a life-endangering
        physical condition caused by or arising from the pregnancy itself,
        that would, as certified by a physician, place the woman in danger
        of death unless an abortion is performed.
        (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).
        (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering
    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
        (d)(1) None of the funds made available in this Act may be made
    available to a Federal agency or program, or to a State or local
    government, if such agency, program, or government subjects any
    institutional or individual health care entity to discrimination on the
    basis that the health care entity does not provide, pay for, provide
    coverage of, or refer for abortions.
        (2) In this subsection, the term ``health care entity'' includes an
    individual physician or other health care professional, a hospital, a
    provider-sponsored organization, a health maintenance organization, a
    health insurance plan, or any other kind of health care facility,
    organization, or plan.
        Sec. 509. (a) None of the funds made available in this Act may be
    used for--
            (1) the creation of a human embryo or embryos for research
        purposes; or
            (2) research in which a human embryo or embryos are destroyed,
        discarded, or knowingly subjected to risk of injury or death
        greater than that allowed for research on fetuses in utero under 45
        CFR 46.208(a)(2) and section 498(b) of the Public Health Service
        Act (42 U.S.C. 289g(b)).
        (b) For purposes of this section, the term ``human embryo or
    embryos'' includes any organism, not protected as a human subject under
    45 CFR 46 as of the date of the enactment of this Act, that is derived
    by fertilization, parthenogenesis, cloning, or any other means from one
    or more human gametes or human diploid cells.
        Sec. 510. (a) None of the funds made available in this Act may be
    used for any activity that promotes the legalization of any drug or
    other substance included in schedule I of the schedules of controlled
    substances established by section 202 of the Controlled Substances Act
    (21 U.S.C. 812).
        (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical
    trials are being conducted to determine therapeutic advantage.
        Sec. 511. None of the funds made available in this Act may be
    obligated or expended to enter into or renew a contract with an entity
    if--
            (1) such entity is otherwise a contractor with the United
        States and is subject to the requirement in section 4212(d) of
        title 38, United States Code, regarding submission of an annual
        report to the Secretary of Labor concerning employment of certain
        veterans; and
            (2) such entity has not submitted a report as required by that
        section for the most recent year for which such requirement was
        applicable to such entity.
        Sec. 512. None of the funds made available in this Act may be used
    to promulgate or adopt any final standard under section 1173(b) of the
    Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
    for the assignment of, a unique health identifier for an individual
    (except in an individual's capacity as an employer or a health care
    provider), until legislation is enacted specifically approving the
    standard.
        Sec. 513. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
        Sec. 514. None of the funds made available by this Act to carry out
    the Library Services and Technology Act may be made available to any
    library covered by paragraph (1) of section 224(f) of such Act (20
    U.S.C. 9134(f)), as amended by the Children's Internet Protections Act,
    unless such library has made the certifications required by paragraph
    (4) of such section.
        Sec. 515. None of the funds made available by this Act to carry out
    part D of title II of the Elementary and Secondary Education Act of
    1965 may be made available to any elementary or secondary school
    covered by paragraph (1) of section 2441(a) of such Act (20 U.S.C.
    6777(a)), as amended by the Children's Internet Protections Act and the
    No Child Left Behind Act, unless the local educational agency with
    responsibility for such covered school has made the certifications
    required by paragraph (2) of such section.
        Sec. 516. None of the funds appropriated in this Act may be used to
    enter into an arrangement under section 7(b)(4) of the Railroad
    Retirement Act of 1974 (45 U.S.C. 231f(b)(4)) with a nongovernmental
    financial institution to serve as disbursing agent for benefits payable
    under the Railroad Retirement Act of 1974.
        Sec. 517. (a) None of the funds provided under this Act, or
    provided under previous appropriations Acts to the agencies funded by
    this Act that remain available for obligation or expenditure in fiscal
    year 2005, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditure
    through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any project
        or activity for which funds have been denied or restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities
        presently performed by Federal employees.
        None of the funds made available by this Act may be reprogrammed
    unless the Appropriations Committees of both Houses of Congress are
    notified 15 days in advance of a reprogramming or announcement of
    intent to reprogram funds, whichever occurs earlier.
        (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2005, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a
    reprogramming of funds in excess of $500,000 or 10 percent, whichever
    is less, that--
            (1) augments existing programs, projects (including
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program,
        project, or activity, or numbers of personnel by 10 percent as
        approved by Congress; or
            (3) results from any general savings from a reduction in
        personnel which would result in a change in existing programs,
        activities, or projects as approved by Congress; unless the
        Appropriations Committees of both Houses of Congress are notified
        15 days in advance of a reprogramming or announcement of intent to
        reprogram funds, whichever occurs earlier.
        Sec. 518. Notwithstanding any other provision of law or regulation,
    the United States Government's interest in the property at 1818 W.
    Northern Lights Boulevard in Anchorage, Alaska, with legal description:
    T13N R4W Section 25, NE\1/4\ NW\1/4\ Portion W135 E953 N350, Anchorage
    Recording District shall be conveyed to Southcentral Foundation for a
    replacement Head Start facility.
        Sec. 519. (a) In General.--Amounts made available under this Act
    for the administrative and related expenses for departmental management
    for the Department of Labor, the Department of Health and Human
    Services, and the Department of Education shall be reduced on a pro
    rata basis by $18,000,000: Provided, That not later than 15 days after
    the enactment of this Act, the Director of the Office of Management and
    Budget shall report to the House and Senate Committees on
    Appropriations the accounts subject to the pro rata reductions and the
    amount to be reduced in each account.
        (b) Limitation.--The reduction required by subsection (a) shall not
    apply to the Food and Drug Administration and the Indian Health
    Service.
        This division may be cited as the ``Departments of Labor, Health
    and Human Services, and Education, and Related Agencies Appropriations
    Act, 2005''.

                                   DIVISION G

                  LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2005

                   TITLE I--LEGISLATIVE BRANCH APPROPRIATIONS

                                     SENATE

                               Expense Allowances

        For expense allowances of the Vice President, $20,000; the
    President Pro Tempore of the Senate, $40,000; Majority Leader of the
    Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip
    of the Senate, $10,000; Minority Whip of the Senate, $10,000; President
    Pro Tempore emeritus, $15,000; Chairmen of the Majority and Minority
    Conference Committees, $5,000 for each Chairman; and Chairmen of the
    Majority and Minority Policy Committees, $5,000 for each Chairman; in
    all, $195,000.

        Representation Allowances for the Majority and Minority Leaders

        For representation allowances of the Majority and Minority Leaders
    of the Senate, $15,000 for each such Leader; in all, $30,000.

                        Salaries, Officers and Employees

        For compensation of officers, employees, and others as authorized
    by law, including agency contributions, $134,840,000, which shall be
    paid from this appropriation without regard to the following
    limitations:

                           office of the vice president

        For the Office of the Vice President, $2,108,000.

                       office of the president pro tempore

        For the Office of the President Pro Tempore, $561,000.

                  office of the president pro tempore emeritus

        For the Office of the President Pro Tempore emeritus, $163,000.

                   offices of the majority and minority leaders

        For Offices of the Majority and Minority Leaders, $3,808,000.

                    offices of the majority and minority whips

        For Offices of the Majority and Minority Whips, $2,556,000.

                           committee on appropriations

        For salaries of the Committee on Appropriations, $13,301,000.

                              conference committees

        For the Conference of the Majority and the Conference of the
    Minority, at rates of compensation to be fixed by the Chairman of each
    such committee, $1,413,000 for each such committee; in all, $2,826,000.

      offices of the secretaries of the conference of the majority and the
                           conference of the minority

        For Offices of the Secretaries of the Conference of the Majority
    and the Conference of the Minority, $702,000.

                                policy committees

        For salaries of the Majority Policy Committee and the Minority
    Policy Committee, $1,473,000 for each such committee; in all,
    $2,946,000.

                              office of the chaplain

        For Office of the Chaplain, $341,000.

                             office of the secretary

        For Office of the Secretary, $19,586,000.

                  office of the sergeant at arms and doorkeeper

        For Office of the Sergeant at Arms and Doorkeeper, $50,635,000.

             offices of the secretaries for the majority and minority

        For Offices of the Secretary for the Majority and the Secretary for
    the Minority, $1,528,000.

                    agency contributions and related expenses

        For agency contributions for employee benefits, as authorized by
    law, and related expenses, $33,779,000.

                Office of the Legislative Counsel of the Senate

        For salaries and expenses of the Office of the Legislative Counsel
    of the Senate, $5,152,000.

                         Office of Senate Legal Counsel

        For salaries and expenses of the Office of Senate Legal Counsel,
    $1,265,000.

    Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
    Doorkeeper of the Senate, and Secretaries for the Majority and Minority
                                 of the Senate

        For expense allowances of the Secretary of the Senate, $6,000;
    Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary for
    the Majority of the Senate, $6,000; Secretary for the Minority of the
    Senate, $6,000; in all, $24,000.

                       Contingent Expenses of the Senate

                           inquiries and investigations

        For expenses of inquiries and investigations ordered by the Senate,
    or conducted under section 134(a) of the Legislative Reorganization Act
    of 1946 (Public Law 97-601), section 112 of the Supplemental
    Appropriations and Rescission Act, 1980 (Public Law 96-304), and Senate
    Resolution 281, 96th Congress, agreed to March 11, 1980, $110,000,000.

          expenses of the united states senate caucus on international
                               narcotics control

        For expenses of the United States Senate Caucus on International
    Narcotics Control, $520,000.

                             secretary of the senate

        For expenses of the Office of the Secretary of the Senate,
    $1,700,000.

                  sergeant at arms and doorkeeper of the senate

        For expenses of the Office of the Sergeant at Arms and Doorkeeper
    of the Senate, $127,182,000, of which $20,045,000 shall remain
    available until September 30, 2007, and of which $4,255,000 shall
    remain available until September 30, 2009.

                               miscellaneous items

        For miscellaneous items, $18,326,000, of which up to $500,000 shall
    be made available for a pilot program for mailings of postal patron
    postcards by Senators for the purpose of providing notice of a town
    meeting by a Senator in a county (or equivalent unit of local
    government) at which the Senator will personally attend: Provided, That
    any amount allocated to a Senator for such mailing shall not exceed 50
    percent of the cost of the mailing and the remaining cost shall be paid
    by the Senator from other funds available to the Senator.

             senators' official personnel and office expense account

        For Senators' Official Personnel and Office Expense Account,
    $326,533,000.

                               official mail costs

        For expenses necessary for official mail costs of the Senate,
    $300,000.

                            ADMINISTRATIVE PROVISIONS

        Sec. 1. Gross Rate of Compensation in Offices of Senators.
    Effective on and after October 1, 2004, each of the dollar amounts
    contained in the table under section 105(d)(1)(A) of the Legislative
    Branch Appropriations Act, 1968 (2 U.S.C. 61-1(d)(1)(A)) shall be
    deemed to be the dollar amounts in that table, as adjusted by law and
    in effect on September 30, 2004, increased by an additional $50,000
    each.
        Sec. 2. Consultants. With respect to fiscal year 2005, the first
    sentence of section 101(a) of the Supplemental Appropriations Act, 1977
    (2 U.S.C. 61h-6(a)) shall be applied by substituting ``nine individual
    consultants'' for ``eight individual consultants''.
        Sec. 3. United States Senate Collection. Section 316 of Public Law
    101-302 (2 U.S.C. 2107) is amended in the first sentence of subsection
    (a) by striking ``2004'' and inserting ``2005''.
        Sec. 4. President Pro Tempore Emeritus of the Senate. Section 7(e)
    of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note)
    is amended by inserting ``and the 109th Congress'' after ``108th
    Congress''.
        Sec. 5. Transfer of Funds From Appropriations Account of the Office
    of the Vice President and the Offices of the Secretaries for the
    Majority and Minority to the Senate Contingent Fund. (a) Office of the
    Vice President.--
            (1) In general.--Upon the written request of the Vice
        President, the Secretary of the Senate shall transfer from the
        appropriations account appropriated under the subheading ``office
        of the vice president'' under the heading ``Salaries, Officers and
        Employees'' such amount as the Vice President shall specify to the
        appropriations account under the heading ``miscellaneous items''
        within the contingent fund of the Senate.
            (2) Authority to incur expenses.--The Vice President may incur
        such expenses as may be necessary or appropriate. Expenses incurred
        by the Vice President shall be paid from the amount transferred
        under paragraph (1) by the Vice President and upon vouchers
        approved by the Vice President.
            (3) Authority to advance sums.--The Secretary of the Senate may
        advance such sums as may be necessary to defray expenses incurred
        in carrying out paragraphs (1) and (2).
        (b) Offices of the Secretaries for the Majority and Minority.--
            (1) In general.--Upon the written request of the Secretary for
        the Majority or the Secretary for the Minority, the Secretary of
        the Senate shall transfer from the appropriations account
        appropriated under the subheading ``offices of the secretaries for
        the majority and minority'' under the heading ``Salaries, Officers
        and Employees'' such amount as the Secretary for the Majority or
        the Secretary for the Minority shall specify to the appropriations
        account under the heading ``miscellaneous items'' within the
        contingent fund of the Senate.
            (2) Authority to incur expenses.--The Secretary for the
        Majority or the Secretary for the Minority may incur such expenses
        as may be necessary or appropriate. Expenses incurred by the
        Secretary for the Majority or the Secretary for the Minority shall
        be paid from the amount transferred under paragraph (1) by the
        Secretary for the Majority or the Secretary for the Minority and
        upon vouchers approved by the Secretary for the Majority or the
        Secretary for the Minority, as applicable.
            (3) Authority to advance sums.--The Secretary of the Senate may
        advance such sums as may be necessary to defray expenses incurred
        in carrying out paragraphs (1) and (2).
        (c) Effective Date.--This section shall apply to fiscal year 2005
    and each fiscal year thereafter.
        Sec. 6. Activities Relating to Foreign Parliamentary Groups and
    Foreign Officials. Section 2(c) of chapter VIII of title I of the
    Supplemental Appropriations Act, 1987 (2 U.S.C. 65f(c)) is amended in
    the first sentence by striking ``with the approval of'' and inserting
    ``and upon notification to''.
        Sec. 7. Transportation of Official Records and Papers to a
    Senator's State. (a) Payment of Reasonable Transportation Expenses.--
    Upon request of a Senator, amounts in the appropriation account
    ``Miscellaneous Items'' within the contingent fund of the Senate shall
    be available to pay the reasonable expenses of sending or transporting
    the official records and papers of the Senator from the District of
    Columbia to any location designated by such Senator in the State
    represented by the Senator.
        (b) Sending and Transportation.--The Sergeant at Arms and
    Doorkeeper of the Senate shall provide for the most economical means of
    sending or transporting the official records and papers under this
    section while ensuring the orderly and timely delivery of the records
    and papers to the location specified by the Senator.
        (c) Oversight.--The Committee on Rules and Administration shall
    have the authority to issue rules and regulations to carry out the
    provisions of this section.
        (d) Official Records Defined.--In this section, the term ``official
    records and papers'' means books, records, papers, and official files
    which could be sent as franked mail.
        (e) Effective Date.--This section shall apply with respect to
    fiscal year 2005 and each succeeding fiscal year.
        Sec. 8. Compensation for Lost or Damaged Property. (a) In
    General.--Any amounts received by the Sergeant at Arms and Doorkeeper
    of the Senate (in this section referred to as the ``Sergeant at Arms'')
    for compensation for damage to, loss of, or loss of use of property of
    the Sergeant at Arms that was procured using amounts available to the
    Sergeant at Arms in the account for Contingent Expenses, Sergeant at
    Arms and Doorkeeper of the Senate, shall be credited to that account
    or, if applicable, to any subaccount of that account.
        (b) Availability.--Amounts credited to any account or subaccount
    under subsection (a) shall be merged with amounts in that account or
    subaccount and shall be available to the same extent, and subject to
    the same terms and conditions, as amounts in that account or
    subaccount.
        (c) Effective Date.--This section shall apply with respect to
    fiscal year 2005 and each fiscal year thereafter.
        Sec. 9. Age Requirement for Senate Pages. Section 491(b)(1) of the
    Legislative Reorganization Act of 1970 (2 U.S.C. 88b-1(b)(1)) is
    amended by striking ``fourteen'' and inserting ``sixteen''.
        Sec. 10. Treatment of Electronic Services Provided by Sergeant at
    Arms. The Office of the Sergeant at Arms and Doorkeeper of the United
    States Senate, and any officer, employee, or agent of the Office, shall
    not be treated as acquiring possession, custody, or control of any
    electronic mail or other electronic communication, data, or information
    by reason of its being transmitted, processed, or stored (whether
    temporarily or otherwise) through the use of an electronic system
    established, maintained, or operated, or the use of electronic services
    provided, in whole or in part by the Office.
        Sec. 11. Modification of Application of Section 47 of the Revised
    Statutes. Section 47 of the Revised Statutes of the United States (2
    U.S.C. 48) is amended by striking ``of Senators shall be certified by
    the President of the Senate, and those of Representatives and
    Delegates'' and inserting ``of Representatives and Delegates shall be
    certified''.
        Sec. 12. Overseas Travel. (a) Definition.--In this section, the
    term ``United States'' means each of the several States of the United
    States, the District of Columbia, and the territories and possessions
    of the United States.
        (b) In General.--A member of the Capitol Police may travel outside
    of the United States if--
            (1) that travel is with, or in preparation for, travel of a
        Senator, including travel of a Senator as part of a congressional
        delegation;
            (2) the member of the Capitol Police is performing security
        advisory and liaison functions (including advance security liaison
        preparations) relating to the travel of that Senator; and
            (3) the Sergeant at Arms and Doorkeeper of the Senate gives
        prior approval to the travel of the member of the Capitol Police.
        (c) Law Enforcement Functions.--Subsection (b) shall not be
    construed to authorize the performance of law enforcement functions by
    a member of the Capitol Police in connection with the travel authorized
    under that subsection.
        (d) Reimbursement.--The Capitol Police shall be reimbursed for the
    overtime pay, travel, and related expenses of any member of the Capitol
    Police who travels under the authority of this section. Any
    reimbursement under this subsection shall be paid from the account
    under the heading ``sergeant at arms and doorkeeper of the senate''
    under the heading ``Contingent Expenses of the Senate''.
        (e) Amounts Received.--Any amounts received by the Capitol Police
    for reimbursements under subsection (d) shall be credited to the
    accounts established for the general expenses or salaries of the
    Capitol Police, and shall be available to carry out the purposes of
    such accounts during the fiscal year in which the amounts are received
    and the following fiscal year.
        (f) Effective Date.--This section shall apply to fiscal year 2005
    and each fiscal year thereafter.
        Sec. 13. Expense Allowances. (a) In General.--The matter under the
    subheading ``expense allowances of the vice president, president pro
    tempore, majority and minority leaders and majority and minority
    whips'' under the heading ``LEGISLATIVE BRANCH'' under chapter VI of
    title I of the Second Supplemental Appropriations Act, 1978 (Public Law
    95-355; 92 Stat. 532) is amended--
            (1) in the second sentence (2 U.S.C. 31a-1) (relating to the
        Majority and Minority Leaders of the Senate) by striking
        ``$20,000'' and inserting ``$40,000''; and
            (2) in the third sentence (2 U.S.C. 32b) (relating to the
        President pro tempore) by striking ``$20,000'' and inserting
        ``$40,000''.
        (b) President Pro Tempore Emeritus.--Section 7(d) of the
    Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note) is
    amended in the first sentence (relating to the President pro tempore
    emeritus) by striking ``$7,500'' and inserting ``$15,000''.
        (c) Effective Date.--The amendments made by this section shall
    apply to fiscal year 2005 and each fiscal year thereafter.

                            HOUSE OF REPRESENTATIVES

                             Salaries and Expenses

        For salaries and expenses of the House of Representatives,
    $1,048,581,000, as follows:

                             house leadership offices

        For salaries and expenses, as authorized by law, $18,678,000,
    including: Office of the Speaker, $2,708,000, including $25,000 for
    official expenses of the Speaker; Office of the Majority Floor Leader,
    $2,027,000, including $10,000 for official expenses of the Majority
    Leader; Office of the Minority Floor Leader, $2,840,000, including
    $10,000 for official expenses of the Minority Leader; Office of the
    Majority Whip, including the Chief Deputy Majority Whip, $1,741,000,
    including $5,000 for official expenses of the Majority Whip; Office of
    the Minority Whip, including the Chief Deputy Minority Whip,
    $1,303,000, including $5,000 for official expenses of the Minority
    Whip; Speaker's Office for Legislative Floor Activities, $470,000;
    Republican Steering Committee, $881,000; Republican Conference,
    $1,500,000; Democratic Steering and Policy Committee, $1,589,000;
    Democratic Caucus, $792,000; nine minority employees, $1,409,000;
    training and program development--majority, $290,000; training and
    program development--minority, $290,000; Cloakroom Personnel--majority,
    $419,000; and Cloakroom Personnel--minority, $419,000.

                      Members' Representational Allowances

       Including Members' Clerk Hire, Official Expenses of Members, and
                                 Official Mail

        For Members' representational allowances, including Members' clerk
    hire, official expenses, and official mail, $521,195,000.

                              Committee Employees

                    Standing Committees, Special and Select

        For salaries and expenses of standing committees, special and
    select, authorized by House resolutions, $114,299,000: Provided, That
    such amount shall remain available for such salaries and expenses until
    December 31, 2006.

                          Committee on Appropriations

        For salaries and expenses of the Committee on Appropriations,
    $24,926,000, including studies and examinations of executive agencies
    and temporary personal services for such committee, to be expended in
    accordance with section 202(b) of the Legislative Reorganization Act of
    1946 and to be available for reimbursement to agencies for services
    performed: Provided, That such amount shall remain available for such
    salaries and expenses until December 31, 2006.

                        Salaries, Officers and Employees

        For compensation and expenses of officers and employees, as
    authorized by law, $160,133,000, including: for salaries and expenses
    of the Office of the Clerk, including not more than $13,000, of which
    not more than $10,000 is for the Family Room, for official
    representation and reception expenses, $20,534,000; for salaries and
    expenses of the Office of the Sergeant at Arms, including the position
    of Superintendent of Garages, and including not more than $3,000 for
    official representation and reception expenses, $5,879,000; for
    salaries and expenses of the Office of the Chief Administrative
    Officer, $116,034,000, of which $7,500,000 shall remain available until
    expended; for salaries and expenses of the Office of the Inspector
    General, $3,986,000; for salaries and expenses of the Office of
    Emergency Planning, Preparedness and Operations, $1,000,000, to remain
    available until expended; for salaries and expenses of the Office of
    General Counsel, $962,000; for the Office of the Chaplain, $155,000;
    for salaries and expenses of the Office of the Parliamentarian,
    including the Parliamentarian and $2,000 for preparing the Digest of
    Rules, $1,673,000; for salaries and expenses of the Office of the Law
    Revision Counsel of the House, $2,346,000; for salaries and expenses of
    the Office of the Legislative Counsel of the House, $6,721,000; for
    salaries and expenses of the Office of Interparliamentary Affairs,
    $687,000; and for other authorized employees, $156,000.

                            Allowances and Expenses

        For allowances and expenses as authorized by House resolution or
    law, $209,350,000, including: supplies, materials, administrative costs
    and Federal tort claims, $4,350,000; official mail for committees,
    leadership offices, and administrative offices of the House, $410,000;
    Government contributions for health, retirement, Social Security, and
    other applicable employee benefits, $203,900,000; and miscellaneous
    items including purchase, exchange, maintenance, repair and operation
    of House motor vehicles, interparliamentary receptions, and gratuities
    to heirs of deceased employees of the House, $690,000.

                               Child Care Center

        For salaries and expenses of the House of Representatives Child
    Care Center, such amounts as are deposited in the account established
    by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992
    (2 U.S.C. 2112), subject to the level specified in the budget of the
    Center, as submitted to the Committee on Appropriations of the House of
    Representatives.

                           Administrative Provisions

        Sec. 101. (a) Requiring Amounts Remaining in Members'
    Representational Allowances To Be Used for Deficit Reduction or To
    Reduce the Federal Debt.--Notwithstanding any other provision of law,
    any amounts appropriated under this Act for ``HOUSE OF
    REPRESENTATIVES--Salaries and Expenses--Members' Representational
    Allowances'' shall be available only for fiscal year 2005. Any amount
    remaining after all payments are made under such allowances for fiscal
    year 2005 shall be deposited in the Treasury and used for deficit
    reduction (or, if there is no Federal budget deficit after all such
    payments have been made, for reducing the Federal debt, in such manner
    as the Secretary of the Treasury considers appropriate).
        (b) Regulations.--The Committee on House Administration of the
    House of Representatives shall have authority to prescribe regulations
    to carry out this section.
        (c) Definition.--As used in this section, the term ``Member of the
    House of Representatives'' means a Representative in, or a Delegate or
    Resident Commissioner to, the Congress.
        Sec. 102. Net Expenses of Telecommunications Revolving Fund. (a)
    There is hereby established in the Treasury of the United States a
    revolving fund for the House of Representatives to be known as the Net
    Expenses of Telecommunications Revolving Fund (hereafter in this
    section referred to as the ``Revolving Fund''), consisting of funds
    deposited by the Chief Administrative Officer of the House of
    Representatives from amounts provided by legislative branch offices to
    purchase, lease, obtain, and maintain the data and voice
    telecommunications services and equipment located in such offices.
        (b) Amounts in the Revolving Fund shall be used by the Chief
    Administrative Officer without fiscal year limitation to purchase,
    lease, obtain, and maintain the data and voice telecommunications
    services and equipment of legislative branch offices.
        (c) The Revolving Fund shall be treated as a category of allowances
    and expenses for purposes of section 101(a) of the Legislative Branch
    Appropriations Act, 1993 (2 U.S.C. 95b(a)).
        (d) Section 306 of the Legislative Branch Appropriations Act, 1989
    (2 U.S.C. 117f) is amended--
            (1) by striking subsection (b) and redesignating subsection (c)
        as subsection (b); and
            (2) in subsection (b) (as so redesignated), by striking
        ``subsections (a) and (b)'' and inserting ``subsection (a)''.
        (e) Section 102 of the Legislative Branch Appropriations Act, 2003
    (2 U.S.C. 112g) is amended by adding at the end the following new
    subsection:
        ``(e) This section shall not apply with respect to any
    telecommunications equipment which is subject to coverage under section
    103 of the Legislative Branch Appropriations Act, 2005 (relating to the
    Net Expenses of Telecommunications Revolving Fund).''.
        (f) This section and the amendments made by this section shall
    apply with respect to fiscal year 2005 and each succeeding fiscal year,
    except that for purposes of making deposits into the Revolving Fund
    under subsection (a), the Chief Administrative Officer may deposit
    amounts provided by legislative branch offices during fiscal year 2004
    or any succeeding fiscal year.
        Sec. 103. Contract For Exercise Facility. (a) In General.--The
    Chief Administrative Officer of the House of Representatives shall
    enter into a contract on a competitive basis with a private entity for
    the management, operation, and maintenance of the exercise facility
    established for the use of employees of the House of Representatives
    which is constructed with funds made available under this Act.
        (b) Use of Fees to Support Contract.--Any amounts paid as fees for
    the use of the exercise facility described in subsection (a) shall be
    used to cover costs incurred by the Chief Administrative Officer under
    the contract entered into under this section or to otherwise support
    the management, operation, and maintenance of the facility, and shall
    remain available until expended.
        Sec. 104. Sense of the House. It is the sense of the House of
    Representatives that Members of the House who use vehicles in traveling
    for official and representational purposes, including Members who lease
    vehicles for which the lease payments are made using funds provided
    under the Members' Representational Allowance, are encouraged to use
    hybrid electric and alternatively fueled vehicles whenever possible, as
    the use of these vehicles will help to move our Nation toward the use
    of a hydrogen fuel cell vehicle and reduce our dependence on oil.
        Sec. 105. (a) Establishment of House Services Revolving Fund.--
    There is hereby established in the Treasury of the United States a
    revolving fund for the House of Representatives to be known as the
    ``House Services Revolving Fund'' (hereafter in this section referred
    to as the ``Revolving Fund''), consisting of funds deposited by the
    Chief Administrative Officer of the House of Representatives from all
    amounts received by the House of Representatives with respect to the
    following activities:
            (1) The operation of the House Barber Shop.
            (2) The operation of the House Beauty Shop.
            (3) The operation of the House Restaurant System (including
        vending operations).
            (4) The provision of mail services to entities which are not
        part of the House of Representatives.
        (b) Use of Amounts in Fund.--Amounts in the Revolving Funds shall
    be used for any purpose designated by the Chief Administrative Officer
    which is approved by the Committee on Appropriations of the House of
    Representatives.
        (c) Transfer Authority.--The Revolving Fund shall be treated as a
    category of allowances and expenses for purposes of section 101(a) of
    the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(a)).
        (d) Termination and Transfer of Existing Funds and Accounts.--
            (1) In general.--Each fund and account specified in paragraph
        (2) is hereby terminated, and the balance of each such fund and
        account is hereby transferred to the Revolving Fund.
            (2) Funds and accounts specified.--The funds and accounts
        referred to in paragraph (1) are as follows:
                (A) The revolving fund for the House Barber Shop,
            established by the paragraph under the heading ``HOUSE BARBER
            SHOPS REVOLVING FUND'' in the matter relating to the House of
            Representatives in chapter III of title I of the Supplemental
            Appropriations Act, 1975 (Public Law 93-554; 88 Stat. 1776).
                (B) The revolving funds for the House Beauty Shop,
            established by the matter under the heading ``house beauty
            shop'' in the matter relating to administrative provisions for
            the House of Representatives in the Legislative Branch
            Appropriations Act, 1970 (Public Law 91-145; 83 Stat. 347).
                (C) The special deposit account established for the House
            of Representatives Restaurant by section 208 of the First
            Supplemental Civil Functions Appropriation Act, 1941 (2 U.S.C.
            2041 note), or any successor fund or account established for
            the receipt of revenues of the House Restaurant System.
        (e) Effective Date.--This section shall take effect October 1,
    2004, and shall apply with respect to fiscal year 2005 and each
    succeeding fiscal year.
        Sec. 106. (a) If the Clerk of the House of Representatives is
    required under any law, rule, or regulation to make available for
    public inspection a report, statement, or other document filed with the
    Office of the Clerk, the Clerk shall preserve the report, statement, or
    document--
            (1) for a period of 6 years from the date on which the document
        is filed; or
            (2) if the law, rule, or regulation so provides, the period
        required under such law, rule, or regulation.
        (b) Subsection (a) shall apply with respect to reports, statements,
    and documents filed before, on, or after the date of the enactment of
    this Act.
        Sec. 107. (a) Permitting Organizational Caucuses and Conferences to
    be Held at Any Time.--Section 202(a)(1) of House Resolution 988,
    Ninety-third Congress, agreed to on October 8, 1974, and enacted into
    permanent law by chapter III of title I of the Supplemental
    Appropriations Act, 1975 (2 U.S.C. 29a(a)(1)), is amended by striking
    ``conference, to begin on or after'' all that follows through ``to be
    attended by all'' and inserting ``conference of all''.
        (b) Period of Availability of Per Diem.--
            (1) Members.--Section 202(b)(1)(B) of House Resolution 988,
        Ninety-third Congress, agreed to on October 8, 1974, and enacted
        into permanent law by chapter III of title I of the Supplemental
        Appropriations Act, 1975 (2 U.S.C. 29a(b)(1)(B)), is amended by
        striking ``for a period'' and all that follows and inserting a
        period.
            (2) Staff.--Section 1(b) of House Resolution 10, Ninety-fourth
        Congress, agreed to on January 14, 1975, and enacted into permanent
        law by section 201 of the Legislative Branch Appropriations Act,
        1976 (2 U.S.C. 43b-2(b)), is amended by striking ``for a period''
        and all that follows and inserting a period.
        (c) Applicability of Provisions to Orientation Sessions For New
    Members.--
            (1) Members.--Section 202 of House Resolution 988, Ninety-third
        Congress, agreed to on October 8, 1974, and enacted into permanent
        law by chapter III of title I of the Supplemental Appropriations
        Act, 1975 (2 U.S.C. 29a), is amended by adding at the end the
        following new subsection:
        ``(d) With the approval of the majority leader (in the case of a
    Member or Member-elect of the majority party) or the minority leader
    (in the case of a Member or Member-elect of the minority party),
    subsections (b) and (c) shall apply with respect to the attendance of a
    Member or Member-elect at a program conducted by the Committee on House
    Administration for the orientation of new members in the same manner as
    such provisions apply to the attendance of the Member or Member-elect
    at the organizational caucus or conference.''.
            (2) Staff.--Section 1 of House Resolution 10, Ninety-fourth
        Congress, agreed to on January 14, 1975, and enacted into permanent
        law by section 201 of the Legislative Branch Appropriations Act,
        1976 (2 U.S.C. 43b-2), is amended by adding at the end the
        following new subsection:
        ``(c) With the approval of the majority leader (in the case of a
    Member or Member-elect of the majority party) or the minority leader
    (in the case of a Member or Member-elect of the minority party),
    subsections (a) and (b) shall apply with respect to the attendance of a
    Member or Member-elect at a program conducted by the Committee on House
    Administration for the orientation of new members in the same manner as
    such provisions apply to the attendance of the Member or Member-elect
    at the organizational caucus or conference.''.
        (d) Effective Date.--The amendments made by this section shall
    apply with respect to the One Hundred Tenth Congress and each
    succeeding Congress.
        Sec. 108. (a) Subject to the approval of the Committee on House
    Administration, the Chief Administrative Officer of the House of
    Representatives shall implement regulations under which the Chief
    Administrative Officer shall be authorized to handle any mail matter
    delivered by the United States Postal Service or any other carrier to
    the House of Representatives, or to any other entity with whom the
    Chief Administrative Officer has entered into an agreement to receive
    mail matter delivered to the entity, in such manner as the Chief
    Administrative Officer deems necessary to ensure the safety of any
    individuals who may come into contact with, or otherwise be exposed to,
    such mail matter.
        (b) No action taken under the regulations implemented pursuant to
    this section may serve as a basis for civil or criminal liability of
    any individual or entity.
        (c) As used in this section, the term ``handle'' includes but is
    not limited to collecting, isolating, testing, opening, disposing, and
    destroying.
        (d) This section shall apply with respect to fiscal year 2004 and
    each succeeding fiscal year.
        Sec. 109. (a) There is established in the House of Representatives
    an office to be known as the Republican Policy Committee, which shall
    have such responsibilities as may be assigned by the chair of the
    Republican Conference.
        (b) There shall be a lump sum allowance for the salaries and
    expenses of the Republican Policy Committee, which shall be treated as
    a category of House leadership offices for purposes of section 101(c)
    of the Legislative Branch Appropriations Act, 1993 (2 U.S.C. 95b(c)).
        (c) This section shall apply with respect to fiscal year 2005 and
    each succeeding fiscal year.
        Sec. 110. The first sentence of section 5 of House Resolution 1238,
    Ninety-first Congress, agreed to December 22, 1970 (as enacted into
    permanent law by chapter VIII of the supplemental Appropriations Act,
    1971) (2 U.S.C. 31b-5), is amended--
            (1) by striking ``step 5 of level 11'' and inserting ``step 11
        of level 13''; and
            (2) by striking ``step 9 of level 8'' and inserting ``step 8 of
        level 12''.

                                  JOINT ITEMS

        For Joint Committees, as follows:

                            Joint Economic Committee

        For salaries and expenses of the Joint Economic Committee,
    $4,139,000, to be disbursed by the Secretary of the Senate.

                          Joint Committee on Taxation

        For salaries and expenses of the Joint Committee on Taxation,
    $8,433,000, to be disbursed by the Chief Administrative Officer of the
    House of Representatives.
        For other joint items, as follows:

                       Office of the Attending Physician

        For medical supplies, equipment, and contingent expenses of the
    emergency rooms, and for the Attending Physician and his assistants,
    including: (1) an allowance of $2,175 per month to the Attending
    Physician; (2) an allowance of $725 per month each to four medical
    officers while on duty in the Office of the Attending Physician; (3) an
    allowance of $725 per month to two assistants and $580 per month each
    not to exceed 11 assistants on the basis heretofore provided for such
    assistants; and (4) $1,680,000 for reimbursement to the Department of
    the Navy for expenses incurred for staff and equipment assigned to the
    Office of the Attending Physician, which shall be advanced and credited
    to the applicable appropriation or appropriations from which such
    salaries, allowances, and other expenses are payable and shall be
    available for all the purposes thereof, $2,528,000, to be disbursed by
    the Chief Administrative Officer of the House of Representatives.

               Capitol Guide Service and Special Services Office

        For salaries and expenses of the Capitol Guide Service and Special
    Services Office, $3,844,000, to be disbursed by the Secretary of the
    Senate: Provided, That no part of such amount may be used to employ
    more than 58 individuals: Provided further, That the Capitol Guide
    Board is authorized, during emergencies, to employ not more than two
    additional individuals for not more than 120 days each, and not more
    than 10 additional individuals for not more than 6 months each, for the
    Capitol Guide Service.

                          Statements of Appropriations

        For the preparation, under the direction of the Committees on
    Appropriations of the Senate and the House of Representatives, of the
    statements for the second session of the 108th Congress, showing
    appropriations made, indefinite appropriations, and contracts
    authorized, together with a chronological history of the regular
    appropriations bills as required by law, $30,000, to be paid to the
    persons designated by the chairmen of such committees to supervise the
    work.

                                 CAPITOL POLICE

                                    Salaries

        For salaries of employees of the Capitol Police, including
    overtime, hazardous duty pay differential, and Government contributions
    for health, retirement, social security, professional liability
    insurance, and other applicable employee benefits, $203,440,000, to be
    disbursed by the Chief of the Capitol Police or his designee.

                                General Expenses

        For necessary expenses of the Capitol Police, including motor
    vehicles, communications and other equipment, security equipment and
    installation, uniforms, weapons, supplies, materials, training, medical
    services, forensic services, stenographic services, personal and
    professional services, the employee assistance program, the awards
    program, postage, communication services, travel advances, relocation
    of instructor and liaison personnel for the Federal Law Enforcement
    Training Center, and not more than $5,000 to be expended on the
    certification of the Chief of the Capitol Police in connection with
    official representation and reception expenses, $28,888,000, to be
    disbursed by the Chief of the Capitol Police or his designee: Provided,
    That, notwithstanding any other provision of law, the cost of basic
    training for the Capitol Police at the Federal Law Enforcement Training
    Center for fiscal year 2005 shall be paid by the Secretary of Homeland
    Security from funds available to the Department of Homeland Security.

                           Administrative Provisions

                          (including transfer of funds)

        Sec. 1001. Transfer Authority. Amounts appropriated for fiscal year
    2005 for the Capitol Police may be transferred between the headings
    ``salaries'' and ``general expenses'' upon the approval of the
    Committees on Appropriations of the Senate and the House of
    Representatives.
        Sec. 1002. Limitation on Certain Hiring Authority of Capitol
    Police. Section 1006(b) of the Legislative Branch Appropriations Act,
    2004 (Public Law 108-83; 117 Stat. 1023) is amended--
            (1) in paragraph (3)--
                (A) in subparagraph (B), by inserting at the end ``The
            Chief of Police may hire individuals under this subsection who
            are not submitted for selection under this subparagraph. All
            hirings under this subparagraph shall comply with the
            limitations under this paragraph for any fiscal year.''; and
                (B) in subparagraph (C), by striking ``(C) Limitation.--''
            and inserting ``(C) Limitation for fiscal year 2004.--''; and
                (C) by adding at the end the following:
                ``(D) Limitation for fiscal year 2005.--During fiscal year
            2005, the number of individuals hired under this subsection may
            not exceed--
                    ``(i) the number of Library of Congress Police
                employees who separated from service or transferred to a
                position other than a Library of Congress Police employee
                position during fiscal year 2004 for whom a corresponding
                hire was not made under this subsection; and
                    ``(ii) the number of Library of Congress Police
                employees who separate from service or transfer to a
                position other than a Library of Congress Police employee
                position during fiscal year 2005.''; and
            (2) in paragraph (4), by striking the first sentence and
        inserting ``Notwithstanding subsection (a)(1)(C), the Chief of the
        Capitol Police may detail an individual hired under this subsection
        to the Library of Congress Police on a nonreimbursable basis. Any
        individual detailed under this subsection shall receive necessary
        training, including training by the Library of Congress Police.''.
        Sec. 1003. Authorization of Weapons. Section 1824 of the Revised
    Statutes (2 U.S.C. 1941) is amended--
            (1) in the first sentence--
                (A) by striking ``The Sergeant at Arms of the Senate and
            the Sergeant at Arms of the House of Representatives'' and
            inserting ``The Capitol Police Board''; and
                (B) by striking all beginning with ``payable out'' through
            the period and inserting ``payable from appropriations to the
            Capitol Police upon certification of payment by the Chief of
            the Capitol Police.''; and
            (2) in the second sentence--
                (A) by inserting ``or other arms as authorized by the
            Capitol Police Board'' after ``furnished''; and
                (B) by striking ``the Sergeant at Arms of the Senate and
            the Sergeant at Arms of the House of Representatives'' and
            inserting ``the Capitol Police Board''.
        Sec. 1004. Sole and Exclusive Authority of Board and Chief to
    Determine Rates of Pay. (a) In General.--The Capitol Police Board and
    the Chief of the Capitol Police shall have the sole and exclusive
    authority to determine the rates and amounts for each of the following
    for members of the Capitol Police:
            (1) The rate of basic pay (including the rate of basic pay upon
        appointment), premium pay, specialty assignment and proficiency
        pay, and merit pay.
            (2) The rate of cost-of-living adjustments, comparability
        adjustments, and locality adjustments.
            (3) The amount for recruitment and relocation bonuses.
            (4) The amount for retention allowances.
            (5) The amount for educational assistance payments.
        (b) No Review or Appeal Permitted.--The determination of a rate or
    amount described in subsection (a) may not be subject to review or
    appeal in any manner.
        (c) Rule of Construction.--Nothing in this section may be construed
    to affect--
            (1) any authority provided under law for a committee of the
        House of Representatives or Senate, or any other entity of the
        legislative branch, to review or approve any determination of a
        rate or amount described in subsection (a);
            (2) any rate or amount described in subsection (a) which is
        established under law; or
            (3) the terms of any collective bargaining agreement.
        (d) Effective Date.--This section shall apply with respect to
    fiscal year 2005 and each succeeding fiscal year.
        Sec. 1005. Acceptance of Donations of Animals. (a) In General.--The
    Capitol Police may accept the donation of animals to be used in the
    canine units of the Capitol Police.
        (b) Effective Date.--This section shall apply with respect to
    fiscal year 2005 and each fiscal year thereafter.
        Sec. 1006. Settlement and Payment of Tort Claims. (a) Federal Tort
    Claims Act.--
            (1) In general.--Except as provided in paragraph (2), the Chief
        of the Capitol Police, in accordance with regulations prescribed by
        the Attorney General and any regulations as the Capitol Police
        Board may prescribe, may consider, ascertain, determine,
        compromise, adjust, and settle, in accordance with the provisions
        of chapter 171 of title 28, United States Code, any claim for money
        damages against the United States for injury or loss of property or
        personal injury or death caused by the negligent or wrongful act or
        omission of any employee of the Capitol Police while acting within
        the scope of his office or employment, under circumstances where
        the United States, if a private person, would be liable to the
        claimant in accordance with the law of the place where the act or
        omission occurred.
            (2) Special rule for claims made by members of congress and
        congressional employees.--
                (A) In general.--With respect to any claim described in
            paragraph (1) which is made by a Member of Congress or any
            officer or employee of Congress, the Chief of the Capitol
            Police shall--
                    (i) not later than 14 days after the receipt of such a
                claim, notify the Chairman of the applicable Committee of
                the receipt of the claim; and
                    (ii) not later than 90 days after the receipt of such a
                claim, submit a proposal for the resolution of such claim
                which shall be subject to the approval of the Chairman of
                the applicable Committee.
                (B) Extension.--The 90-day period in subparagraph (A)(ii)
            may be extended for an additional period (not to exceed 90
            days) for good cause by the Chairman of the applicable
            Committee, upon the request of the Chief of the Capitol Police.
                (C) Approval consistent with federal tort claims act.--
            Nothing in this paragraph may be construed to permit the
            Chairman of an applicable Committee to approve a proposal for
            the resolution of a claim described in paragraph (1) which is
            not consistent with the terms and conditions applicable under
            chapter 171 of title 28, United States Code, to the resolution
            of claims for money damages against the United States.
                (D) Applicable committee defined.--In this paragraph, the
            term ``applicable Committee'' means--
                    (i) the Committee on Rules and Administration of the
                Senate, in the case of a claim of a Senator or an officer
                or employee whose pay is disbursed by the Secretary of the
                Senate; or
                    (ii) the Committee on House Administration of the House
                of Representatives, in the case of a Member of the House of
                Representatives (including a Delegate or Resident
                Commissioner to the Congress) or an officer or employee
                whose pay is disbursed by the Chief Administrative Officer
                of the House of Representatives.
            (3) Head of agency.--For purposes of section 2672 of title 28,
        United States Code, the Chief of the Capitol Police shall be the
        head of a Federal agency with respect to the Capitol Police.
            (4) Regulations.--The Capitol Police Board may prescribe
        regulations to carry out this subsection.
        (b) Claims of Employees of Capitol Police.--
            (1) In general.--The Capitol Police Board may prescribe
        regulations to apply the provisions of section 3721 of title 31,
        United States Code, for the settlement and payment of a claim
        against the Capitol Police by an employee of the Capitol Police for
        damage to, or loss of personal property incident to service.
            (2) Limitation.--No settlement and payment of a claim under
        regulations prescribed under this subsection may exceed the limits
        applicable to the settlement and payment of claims under section
        3721 of title 31, United States Code.
        (c) Rule of Construction.--Nothing in this section may be construed
    to affect--
            (1) any payment under section 1304 of title 31, United States
        Code, of a final judgment, award, compromise settlement, and
        interest and costs specified in the judgment based on a claim
        against the Capitol Police; or
            (2) any authority for any--
                (A) settlement under section 414 of the Congressional
            Accountability Act of 1995 (2 U.S.C. 1414), or
                (B) payment under section 415 of that Act (2 U.S.C. 1415).
        (d) Effective Date.--This section shall apply to fiscal year 2005
    and each fiscal year thereafter.
        Sec. 1007. Deployment Outside of Jurisdiction. (a) Requirements For
    Prior Notice and Approval.--The Chief of the Capitol Police may not
    deploy any officer outside of the areas established by law for the
    jurisdiction of the Capitol Police unless--
            (1) the Chief provides prior notification to the Committees on
        Appropriations of the House of Representatives and Senate of the
        costs anticipated to be incurred with respect to the deployment;
        and
            (2) the Capitol Police Board gives prior approval to the
        deployment.
        (b) Exception For Certain Services.--Subsection (a) does not apply
    with respect to the deployment of any officer for any of the following
    purposes:
            (1) Responding to an imminent threat or emergency.
            (2) Intelligence gathering.
            (3) Providing protective services.
        (c) Effective Date.--This section shall apply with respect to
    fiscal year 2005 and each succeeding fiscal year.
        Sec. 1008. General Counsel. The Capitol Police General Counsel, in
    the capacity as in-house counsel and in conjunction with the Capitol
    Police Employment Counsel for employment and labor law matters, shall
    be responsible for implementing and maintaining an effective legal
    compliance system with all applicable laws, under the oversight of the
    Capitol Police Board.
        Sec. 1009. Release of Security Information. (a) Definition.--In
    this section, the term ``security information'' means information
    that--
            (1) is sensitive with respect to the policing, protection,
        physical security, intelligence, counterterrorism actions, or
        emergency preparedness and response relating to Congress, any
        statutory protectee of the Capitol Police, and the Capitol
        buildings and grounds; and
            (2) is obtained by, on behalf of, or concerning the Capitol
        Police Board, the Capitol Police, or any incident command relating
        to emergency response.
        (b) Authority of Board To Determine Conditions of Release.--
    Notwithstanding any other provision of law, any security information in
    the possession of the Capitol Police may be released by the Capitol
    Police to another entity, including an individual, only if the Capitol
    Police Board determines in consultation with other appropriate law
    enforcement officials, experts in security preparedness, and
    appropriate committees of Congress, that the release of the security
    information will not compromise the security and safety of the Capitol
    buildings and grounds or any individual whose protection and safety is
    under the jurisdiction of the Capitol Police.
        (c) Rule of Construction.--Nothing in this section may be construed
    to affect the ability of the Senate and the House of Representatives
    (including any Member, officer, or committee of either House of
    Congress) to obtain information from the Capitol Police regarding the
    operations and activities of the Capitol Police that affect the Senate
    and House of Representatives.
        (d) Regulations.--The Capitol Police Board may promulgate
    regulations to carry out this section, with the approval of the
    Committee on Rules and Administration of the Senate and the Committee
    on House Administration of the House of Representatives.
        (e) Effective Date.--This section shall take effect on the date of
    enactment of this Act and apply with respect to--
            (1) any remaining portion of fiscal year 2004, if this Act is
        enacted before October 1, 2004; and
            (2) fiscal year 2005 and each fiscal year thereafter.

                              OFFICE OF COMPLIANCE

                             Salaries and Expenses

        For salaries and expenses of the Office of Compliance, as
    authorized by section 305 of the Congressional Accountability Act of
    1995 (2 U.S.C. 1385), $2,421,000, of which $305,000 shall remain
    available until September 30, 2006: Provided, That the Executive
    Director of the Office of Compliance may, within the limits of
    available appropriations, dispose of surplus or obsolete personal
    property by interagency transfer, donation, or discarding.

                          CONGRESSIONAL BUDGET OFFICE

                             Salaries and Expenses

        For salaries and expenses necessary for operation of the
    Congressional Budget Office, including not more than $3,000 to be
    expended on the certification of the Director of the Congressional
    Budget Office in connection with official representation and reception
    expenses, $34,919,000.

                            ARCHITECT OF THE CAPITOL

                             General Administration

        For salaries for the Architect of the Capitol, and other personal
    services, at rates of pay provided by law; for surveys and studies in
    connection with activities under the care of the Architect of the
    Capitol; for all necessary expenses for the general and administrative
    support of the operations under the Architect of the Capitol including
    the Botanic Garden; electrical substations of the Capitol, Senate and
    House office buildings, and other facilities under the jurisdiction of
    the Architect of the Capitol; including furnishings and office
    equipment; including not more than $5,000 for official reception and
    representation expenses, to be expended as the Architect of the Capitol
    may approve; for purchase or exchange, maintenance, and operation of a
    passenger motor vehicle, $80,347,000, of which $2,220,000 shall remain
    available until September 30, 2009.

                                Capitol Building

                          (including transfer of funds)

        For all necessary expenses for the maintenance, care, and operation
    of the Capitol, $28,857,000, of which not more than $10,600,000, may be
    transferred for the use of the Capitol Visitor Center project:
    Provided, That the amount so transferred shall be deposited into the
    account established for the Capitol Visitor Center project and shall be
    subject to the same terms and conditions applicable to the amounts
    appropriated for such project under the heading ``Capitol Visitor
    Center'' in the Legislative Branch Appropriations Act, 2004: Provided
    further, That the amount so transferred, together with $3,900,000 of
    the other amounts appropriated under this heading, shall remain
    available until expended.

                                Capitol Grounds

        For all necessary expenses for care and improvement of grounds
    surrounding the Capitol, the Senate and House office buildings, and the
    Capitol Power Plant, $6,974,000.

                            Senate Office Buildings

        For all necessary expenses for the maintenance, care and operation
    of Senate office buildings; and furniture and furnishings to be
    expended under the control and supervision of the Architect of the
    Capitol, $62,083,000, of which $9,070,000 shall remain available until
    September 30, 2009.

                             House Office Buildings

        For all necessary expenses for the maintenance, care and operation
    of the House office buildings, $65,353,000, of which $27,103,000 shall
    remain available until September 30, 2009.

                              Capitol Power Plant

        For all necessary expenses for the maintenance, care and operation
    of the Capitol Power Plant; lighting, heating, power (including the
    purchase of electrical energy) and water and sewer services for the
    Capitol, Senate and House office buildings, Library of Congress
    buildings, and the grounds about the same, Botanic Garden, Senate
    garage, and air conditioning refrigeration not supplied from plants in
    any of such buildings; heating the Government Printing Office and
    Washington City Post Office, and heating and chilled water for air
    conditioning for the Supreme Court Building, the Union Station complex,
    the Thurgood Marshall Federal Judiciary Building and the Folger
    Shakespeare Library, expenses for which shall be advanced or reimbursed
    upon request of the Architect of the Capitol and amounts so received
    shall be deposited into the Treasury to the credit of this
    appropriation, $56,834,000, of which $1,000,000 shall remain available
    until September 30, 2009: Provided, That not more than $4,400,000 of
    the funds credited or to be reimbursed to this appropriation as herein
    provided shall be available for obligation during fiscal year 2005.

                         Library Buildings and Grounds

        For all necessary expenses for the mechanical and structural
    maintenance, care and operation of the Library buildings and grounds,
    $40,097,000, of which $21,506,000 shall remain available until
    September 30, 2009.

                      Capitol Police Buildings and Grounds

        For all necessary expenses for the maintenance, care, and operation
    of buildings and grounds of the United States Capitol Police,
    $5,853,000, of which $500,000 shall remain available until September
    30, 2009.

                                 Botanic Garden

        For all necessary expenses for the maintenance, care and operation
    of the Botanic Garden and the nurseries, buildings, grounds, and
    collections; and purchase and exchange, maintenance, repair, and
    operation of a passenger motor vehicle; all under the direction of the
    Joint Committee on the Library, $6,326,000: Provided, That this
    appropriation shall not be available for construction of the National
    Garden.

                           Administrative Provisions

        Sec. 1101. Management and Operation of the Capitol Power Plant. (a)
    Definition.--In this section, the term ``appropriate congressional
    committees'' means--
            (1) the Committee on Appropriations of the Senate and the House
        of Representatives;
            (2) the Committee on Rules and Administration of the Senate;
        and
            (3) the House Office Building Commission.
        (b) Study of Contract With a Private Entity.--Not later than 180
    days after the date of enactment of this Act, the Comptroller General
    shall conduct a study and submit to the appropriate congressional
    committees and the Architect of the Capitol a report that--
            (1) analyzes the costs, cost effectiveness, benefits, and
        feasibility of the Architect of the Capitol entering into a
        contract with a private entity for the management and operation of
        the Capitol Power Plant; and
            (2) makes a recommendation on whether the Architect of the
        Capitol should enter into such a contract.
        (c) Implementation Plan.--If the Comptroller General makes a
    recommendation under subsection (b)(2) in favor of entering into a
    contract, the Architect of the Capitol shall submit an implementation
    plan for that contract to the appropriate congressional committees not
    later than the later of--
            (1) 270 days after the date of enactment of this Act; or
            (2) the date of the completion of the West Refrigeration Plant.
        (d) Contract.--Subject to the approval of the appropriate
    congressional committees, the Architect of the Capitol shall enter into
    a contract with a private entity for the management and operation of
    the Capitol Power Plant.
        (e) Effective Date.--This section shall apply to fiscal year 2005
    and each fiscal year thereafter.
        Sec. 1102. (a) The Comptroller General shall conduct an analysis of
    the operations of the Office of the Architect of the Capitol, and shall
    include in the analysis recommendations regarding the extent to which
    the functions and duties of the Architect of the Capitol may be carried
    out more effectively through contracts with private entities, through
    reassignment to other entities of the legislative branch, and through
    such other methods as the Comptroller General considers appropriate.
        (b) Not later than 1 year after the date of the enactment of this
    Act, the Comptroller General shall submit a report on the analysis
    conducted under subsection (a) to the Committees on Appropriations of
    the House of Representatives and Senate.

                              LIBRARY OF CONGRESS

                             Salaries and Expenses

        For necessary expenses of the Library of Congress not otherwise
    provided for, including development and maintenance of the Library's
    catalogs; custody and custodial care of the Library buildings; special
    clothing; cleaning, laundering and repair of uniforms; preservation of
    motion pictures in the custody of the Library; operation and
    maintenance of the American Folklife Center in the Library; preparation
    and distribution of catalog records and other publications of the
    Library; hire or purchase of one passenger motor vehicle; and expenses
    of the Library of Congress Trust Fund Board not properly chargeable to
    the income of any trust fund held by the Board, $384,671,000, of which
    not more than $6,000,000 shall be derived from collections credited to
    this appropriation during fiscal year 2005, and shall remain available
    until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat.
    480; 2 U.S.C. 150) and not more than $350,000 shall be derived from
    collections during fiscal year 2005 and shall remain available until
    expended for the development and maintenance of an international legal
    information database and activities related thereto: Provided, That the
    Library of Congress may not obligate or expend any funds derived from
    collections under the Act of June 28, 1902, in excess of the amount
    authorized for obligation or expenditure in appropriations Acts:
    Provided further, That the total amount available for obligation shall
    be reduced by the amount by which collections are less than the
    $6,350,000: Provided further, That of the total amount appropriated,
    $12,481,000 shall remain available until expended for the partial
    acquisition of books, periodicals, newspapers, and all other materials
    including subscriptions for bibliographic services for the Library,
    including $40,000 to be available solely for the purchase, when
    specifically approved by the Librarian, of special and unique materials
    for additions to the collections: Provided further, That of the total
    amount appropriated, not more than $12,000 may be expended, on the
    certification of the Librarian of Congress, in connection with official
    representation and reception expenses for the Overseas Field Offices:
    Provided further, That of the total amount appropriated, $2,250,000
    shall remain available until expended for the purpose of teaching
    educators and librarians how to incorporate the Library's digital
    collections into school curricula and shall be transferred to the
    educational consortium formed to conduct the ``Adventure of the
    American Mind'' project as approved by the Library: Provided further,
    That of the total amount appropriated, $500,000 shall remain available
    until expended, and shall be transferred to the Abraham Lincoln
    Bicentennial Commission for carrying out the purposes of Public Law
    106-173, of which $10,000 may be used for official representation and
    reception expenses of the Abraham Lincoln Bicentennial Commission:
    Provided further, That of the total amount appropriated, $15,620,000
    shall remain available until expended for partial support of the
    National Audio-Visual Conservation Center: Provided further, That of
    the total amount appropriated, $2,795,000 shall remain available until
    expended for the development and maintenance of the Alternate Computer
    Facility: Provided further, That of the total amount appropriated,
    $500,000 shall be used to provide a grant to the Middle Eastern Text
    Initiative for translation and publishing of middle eastern text:
    Provided further, That, of the total amount appropriated, $100,000
    shall be provided to the Association for Diplomatic Studies and
    Training to provide for the oral history of United States foreign
    affairs personnel: Provided further, That of the total amount
    appropriated, $300,000 shall be made available to initiate with the
    University of South Carolina a Cooperative Preservation and
    Conservation project for Movietone Newsreel collections.

                                Copyright Office

                              salaries and expenses

        For necessary expenses of the Copyright Office, $53,611,000, of
    which not more than $26,981,000, to remain available until expended,
    shall be derived from collections credited to this appropriation during
    fiscal year 2005 under section 708(d) of title 17, United States Code:
    Provided, That the Copyright Office may not obligate or expend any
    funds derived from collections under such section, in excess of the
    amount authorized for obligation or expenditure in appropriations Acts:
    Provided further, That not more than $6,496,000 shall be derived from
    collections during fiscal year 2005 under sections 111(d)(2),
    119(b)(2), 802(h), 1005, and 1316 of such title: Provided further, That
    the total amount available for obligation shall be reduced by the
    amount by which collections are less than $33,477,000: Provided
    further, That not more than $100,000 of the amount appropriated is
    available for the maintenance of an ``International Copyright
    Institute'' in the Copyright Office of the Library of Congress for the
    purpose of training nationals of developing countries in intellectual
    property laws and policies: Provided further, That not more than $4,250
    may be expended, on the certification of the Librarian of Congress, in
    connection with official representation and reception expenses for
    activities of the International Copyright Institute and for copyright
    delegations, visitors, and seminars.

                         Congressional Research Service

                              salaries and expenses

        For necessary expenses to carry out the provisions of section 203
    of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
    revise and extend the Annotated Constitution of the United States of
    America, $96,893,000: Provided, That no part of such amount may be used
    to pay any salary or expense in connection with any publication, or
    preparation of material therefor (except the Digest of Public General
    Bills), to be issued by the Library of Congress unless such publication
    has obtained prior approval of either the Committee on House
    Administration of the House of Representatives or the Committee on
    Rules and Administration of the Senate.

                 Books for the Blind and Physically Handicapped

                              salaries and expenses

        For salaries and expenses to carry out the Act of March 3, 1931
    (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $54,412,000, of which
    $16,235,000 shall remain available until expended: Provided, That, of
    the total amount appropriated, $200,000 shall remain available until
    expended to reimburse the National Federation of the Blind for costs
    incurred in the operation of its ``NEWSLINE'' program.

                           Administrative Provisions

        Sec. 1201. Incentive Awards Program. Of the amounts appropriated to
    the Library of Congress in this Act, not more than $5,000 may be
    expended, on the certification of the Librarian of Congress, in
    connection with official representation and reception expenses for the
    incentive awards program.
        Sec. 1202. Reimbursable and Revolving Fund Activities. (a) In
    General.--For fiscal year 2005, the obligational authority of the
    Library of Congress for the activities described in subsection (b) may
    not exceed $106,985,000.
        (b) Activities.--The activities referred to in subsection (a) are
    reimbursable and revolving fund activities that are funded from sources
    other than appropriations to the Library in appropriations Acts for the
    legislative branch.
        (c) Transfer of Funds.--During fiscal year 2005, the Librarian of
    Congress may temporarily transfer funds appropriated in this Act, under
    the heading ``LIBRARY OF CONGRESS'' under the subheading ``Salaries and
    Expenses'' to the revolving fund for the FEDLINK Program and the
    Federal Research Program established under section 103 of the Library
    of Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-
    481; 2 U.S.C. 182c): Provided, That the total amount of such transfers
    may not exceed $1,900,000: Provided further, That the appropriate
    revolving fund account shall reimburse the Library for any amounts
    transferred to it before the period of availability of the Library
    appropriation expires.
        Sec. 1203. National Digital Information Infrastructure and
    Preservation Program. The Miscellaneous Appropriations Act, 2001
    (enacted into law by section 1(a)(4) of Public Law 106-554, 114 Stat.
    2763A-194) is amended in the first proviso under the subheading
    ``Salaries and Expenses'' under the heading ``LIBRARY OF CONGRESS'' in
    chapter 9 of division A--
            (1) by inserting ``and pledges'' after ``other than money'';
        and
            (2) by striking ``March 31, 2005'' and inserting ``March 31,
        2010''.
        Sec. 1204. United States Diplomatic Facilities. Funds made
    available for the Library of Congress under this Act are available for
    transfer to the Department of State as remittance for a fee charged by
    the Department for fiscal year 2005 for the maintenance, upgrade, or
    construction of United States diplomatic facilities only to the extent
    that the amount of the fee so charged is equal to or less than the
    unreimbursed value of the services provided during fiscal year 2005 to
    the Library of Congress on State Department diplomatic facilities.
        Sec. 1205. National Film Preservation Board and National Film
    Preservation Foundation. (a) Effective Dates.--Notwithstanding the
    effective date under section 113 of the National Film Preservation Act
    of 1996 (2 U.S.C. 179w), title I of that Act shall be considered to be
    effective through fiscal year 2005.
        (b) Authorization of Appropriations.--Section 151711(a) of title
    36, United States Code, is amended by striking ``2003'' and inserting
    ``2005''.

                           GOVERNMENT PRINTING OFFICE

                       Congressional Printing and Binding

                          (including transfer of funds)

        For authorized printing and binding for the Congress and the
    distribution of Congressional information in any format; printing and
    binding for the Architect of the Capitol; expenses necessary for
    preparing the semimonthly and session index to the Congressional
    Record, as authorized by law (section 902 of title 44, United States
    Code); printing and binding of Government publications authorized by
    law to be distributed to Members of Congress; and printing, binding,
    and distribution of Government publications authorized by law to be
    distributed without charge to the recipient, $88,800,000: Provided,
    That this appropriation shall not be available for paper copies of the
    permanent edition of the Congressional Record for individual
    Representatives, Resident Commissioners or Delegates authorized under
    section 906 of title 44, United States Code: Provided further, That
    this appropriation shall be available for the payment of obligations
    incurred under the appropriations for similar purposes for preceding
    fiscal years: Provided further, That notwithstanding the 2-year
    limitation under section 718 of title 44, United States Code, none of
    the funds appropriated or made available under this Act or any other
    Act for printing and binding and related services provided to Congress
    under chapter 7 of title 44, United States Code, may be expended to
    print a document, report, or publication after the 27-month period
    beginning on the date that such document, report, or publication is
    authorized by Congress to be printed, unless Congress reauthorizes such
    printing in accordance with section 718 of title 44, United States
    Code: Provided further, That any unobligated or unexpended balances in
    this account or accounts for similar purposes for preceding fiscal
    years may be transferred to the Government Printing Office revolving
    fund for carrying out the purposes of this heading, subject to the
    approval of the Committees on Appropriations of the House of
    Representatives and Senate.

                     Office of Superintendent of Documents

                              salaries and expenses

                          (including transfer of funds)

        For expenses of the Office of Superintendent of Documents necessary
    to provide for the cataloging and indexing of Government publications
    and their distribution to the public, Members of Congress, other
    Government agencies, and designated depository and international
    exchange libraries as authorized by law, $31,953,000: Provided, That
    amounts of not more than $2,000,000 from current year appropriations
    are authorized for producing and disseminating Congressional serial
    sets and other related publications for fiscal years 2003 and 2004 to
    depository and other designated libraries: Provided further, That any
    unobligated or unexpended balances in this account or accounts for
    similar purposes for preceding fiscal years may be transferred to the
    Government Printing Office revolving fund for carrying out the purposes
    of this heading, subject to the approval of the Committees on
    Appropriations of the House of Representatives and Senate.

                   Government Printing Office Revolving Fund

        The Government Printing Office may make such expenditures, within
    the limits of funds available and in accord with the law, and to make
    such contracts and commitments without regard to fiscal year
    limitations as provided by section 9104 of title 31, United States
    Code, as may be necessary in carrying out the programs and purposes set
    forth in the budget for the current fiscal year for the Government
    Printing Office revolving fund: Provided, That not more than $5,000 may
    be expended on the certification of the Public Printer in connection
    with official representation and reception expenses: Provided further,
    That the revolving fund shall be available for the hire or purchase of
    not more than 12 passenger motor vehicles: Provided further, That
    expenditures in connection with travel expenses of the advisory
    councils to the Public Printer shall be deemed necessary to carry out
    the provisions of title 44, United States Code: Provided further, That
    the revolving fund shall be available for temporary or intermittent
    services under section 3109(b) of title 5, United States Code, but at
    rates for individuals not more than the daily equivalent of the annual
    rate of basic pay for level V of the Executive Schedule under section
    5316 of such title: Provided further, That the revolving fund and the
    funds provided under the headings ``Office of Superintendent of
    Documents'' and ``salaries and expenses'' together may not be available
    for the full-time equivalent employment of more than 2,621 workyears
    (or such other number of workyears as the Public Printer may request,
    subject to the approval of the Committees on Appropriations of the
    House of Representatives and Senate): Provided further, That activities
    financed through the revolving fund may provide information in any
    format: Provided further, That not more than $10,000 may be expended
    from the revolving fund in support of the activities of the Benjamin
    Franklin Tercentenary Commission established by Public Law 107-202.

                            Administrative Provision

        Sec. 1301. Discounts for Sales Copies. Section 1708 of title 44,
    United States Code, is amended by striking ``of not to exceed 25
    percent may be allowed to book dealers and quantity purchasers'', and
    inserting the following: ``may be allowed as determined by the
    Superintendent of Documents''.

                        GOVERNMENT ACCOUNTABILITY OFFICE

                             Salaries and Expenses

        For necessary expenses of the Government Accountability Office,
    including not more than $12,500 to be expended on the certification of
    the Comptroller General of the United States in connection with
    official representation and reception expenses; temporary or
    intermittent services under section 3109(b) of title 5, United States
    Code, but at rates for individuals not more than the daily equivalent
    of the annual rate of basic pay for level IV of the Executive Schedule
    under section 5315 of such title; hire of one passenger motor vehicle;
    advance payments in foreign countries in accordance with section 3324
    of title 31, United States Code; benefits comparable to those payable
    under section 901(5), (6), and (8) of the Foreign Service Act of 1980
    (22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
    the Comptroller General of the United States, rental of living quarters
    in foreign countries, $470,973,000: Provided, That not more than
    $4,919,000 of payments received under section 782 of title 31, United
    States Code, shall be available for use in fiscal year 2005: Provided
    further, That not more than $2,500,000 of reimbursements received under
    section 9105 of title 31, United States Code, shall be available for
    use in fiscal year 2005: Provided further, That this appropriation and
    appropriations for administrative expenses of any other department or
    agency which is a member of the National Intergovernmental Audit Forum
    or a Regional Intergovernmental Audit Forum shall be available to
    finance an appropriate share of either Forum's costs as determined by
    the respective Forum, including necessary travel expenses of non-
    Federal participants: Provided further, That payments hereunder to the
    Forum may be credited as reimbursements to any appropriation from which
    costs involved are initially financed: Provided further, That this
    appropriation and appropriations for administrative expenses of any
    other department or agency which is a member of the American Consortium
    on International Public Administration (ACIPA) shall be available to
    finance an appropriate share of ACIPA costs as determined by the ACIPA,
    including any expenses attributable to membership of ACIPA in the
    International Institute of Administrative Sciences.

                            Administrative Provision

        Sec. 1401. Reports to the Comptroller General. (a) Limitations on
    Expenditures, Obligations, and Voluntary Services.--Section 1351 of
    title 31, United States Code, is amended by inserting ``A copy of each
    report shall also be transmitted to the Comptroller General on the same
    date the report is transmitted to the President and Congress.'' after
    the first sentence.
        (b) Prohibited Obligations and Expenditures.--Section 1517(b) of
    title 31, United States Code, is amended by inserting ``A copy of each
    report shall also be transmitted to the Comptroller General on the same
    date the report is transmitted to the President and Congress.'' after
    the first sentence.

             PAYMENT TO THE OPEN WORLD LEADERSHIP CENTER TRUST FUND

        For a payment to the Open World Leadership Center Trust Fund for
    financing activities of the Open World Leadership Center, $13,500,000.

                           Administrative Provisions

        Sec. 1501. Expansion of Open World Leadership Countries.--Section
    313(j) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C.
    1151(j)) is amended--
            (1) in paragraph (1), by striking ``and'' after the semicolon;
            (2) in paragraph (2), by striking the period and inserting ``;
        and''; and
            (3) by adding at the end the following:
            ``(3) any other country that is designated by the Board, except
        that the Board shall notify the Committees on Appropriations of the
        Senate and the House of Representatives of the designation at least
        90 days before the designation is to take effect.''.
        Sec. 1502. Board Membership. Section 313(a)(2) of the Legislative
    Branch Appropriations Act, 2001 (2 U.S.C. 1151(a)(2)), as enacted by
    reference in section 1(a)(2) of the Consolidated Appropriations Act,
    2001, is amended--
            (1) in the matter preceding subparagraph (A), by striking
        ``nine members'' and inserting ``11 members''; and
            (2) by inserting after subparagraph (D) the following new
        subparagraph:
                ``(E) The chair of the Subcommittee on Legislative Branch
            of the Committee on Appropriations of the House of
            Representatives and the chair of the Subcommittee on
            Legislative Branch of the Committee on Appropriations of the
            Senate.''.

                          TITLE II--GENERAL PROVISIONS

        Sec. 201. Maintenance and Care of Private Vehicles. No part of the
    funds appropriated in this Act shall be used for the maintenance or
    care of private vehicles, except for emergency assistance and cleaning
    as may be provided under regulations relating to parking facilities for
    the House of Representatives issued by the Committee on House
    Administration and for the Senate issued by the Committee on Rules and
    Administration.
        Sec. 202. Fiscal Year Limitation. No part of the funds appropriated
    in this Act shall remain available for obligation beyond fiscal year
    2005 unless expressly so provided in this Act.
        Sec. 203. Rates of Compensation and Designation. Whenever in this
    Act any office or position not specifically established by the
    Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for
    or the rate of compensation or designation of any office or position
    appropriated for is different from that specifically established by
    such Act, the rate of compensation and the designation in this Act
    shall be the permanent law with respect thereto: Provided, That the
    provisions in this Act for the various items of official expenses of
    Members, officers, and committees of the Senate and House of
    Representatives, and clerk hire for Senators and Members of the House
    of Representatives shall be the permanent law with respect thereto.
        Sec. 204. Consulting Services. The expenditure of any appropriation
    under this Act for any consulting service through procurement contract,
    under section 3109 of title 5, United States Code, shall be limited to
    those contracts where such expenditures are a matter of public record
    and available for public inspection, except where otherwise provided
    under existing law, or under existing Executive order issued under
    existing law.
        Sec. 205. Awards and Settlements. Such sums as may be necessary are
    appropriated to the account described in subsection (a) of section 415
    of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to
    pay awards and settlements as authorized under such subsection.
        Sec. 206. Costs of LBFMC. Amounts available for administrative
    expenses of any legislative branch entity which participates in the
    Legislative Branch Financial Managers Council (LBFMC) established by
    charter on March 26, 1996, shall be available to finance an appropriate
    share of LBFMC costs as determined by the LBFMC, except that the total
    LBFMC costs to be shared among all participating legislative branch
    entities (in such allocations among the entities as the entities may
    determine) may not exceed $2,000.
        Sec. 207. Landscape Maintenance. The Architect of the Capitol, in
    consultation with the District of Columbia, is authorized to maintain
    and improve the landscape features, excluding streets and sidewalks, in
    the irregular shaped grassy areas bounded by Washington Avenue, SW on
    the northeast, Second Street SW on the west, Square 582 on the south,
    and the beginning of the I-395 tunnel on the southeast.
        Sec. 208. Limitation on Transfers. None of the funds made available
    in this Act may be transferred to any department, agency, or
    instrumentality of the United States Government, except pursuant to a
    transfer made by, or transfer authority provided in, this Act or any
    other appropriation Act.
        Sec. 209. eTravel Service. Notwithstanding any other provision of
    law, no entity within the legislative branch shall be required to use
    the eTravel Service established by the Administrator of General
    Services for official travel by officers or employees of the entity
    during fiscal year 2005 or any succeeding fiscal year.
        Sec. 210. Voluntary Separation Incentive Payments. (a) Authority to
    Offer Payments.--Notwithstanding any other provision of law, the head
    of any office in the legislative branch may establish a program under
    which voluntary separation incentive payments may be offered to
    eligible employees of the office to encourage such employees to
    separate from service voluntarily (whether by retirement or
    resignation), in accordance with this section.
        (b) Amount and Administration of Payments.--A voluntary separation
    incentive payment made under this section--
            (1) shall be paid in a lump sum after the employee's
        separation;
            (2) shall be equal to the lesser of--
                (A) an amount equal to the amount the employee would be
            entitled to receive under section 5595(c) of title 5, United
            States Code, if the employee were entitled to payment under
            such section (without adjustment for any previous payment
            made); or
                (B) an amount determined by the head of the office
            involved, not to exceed $25,000;
            (3) may be made only in the case of an employee who voluntarily
        separates (whether by retirement or resignation) under this
        section;
            (4) shall not be a basis for payment, and shall not be included
        in the computation, of any other type of Government benefit;
            (5) shall not be taken into account in determining the amount
        of any severance pay to which the employee may be entitled under
        section 5595 of title 5, United States Code, based on any other
        separation; and
            (6) shall be paid from appropriations or funds available for
        the payment of the basic pay of the employee.
        (c) Plan.--
            (1) Plan required for making payments.--No voluntary separation
        incentive payment may be paid under this section with respect to an
        office unless the head of the office submits a plan described in
        paragraph (2) to each applicable committee described in paragraph
        (3), and each applicable committee approves the plan.
            (2) Contents of plan.--A plan described in this paragraph with
        respect to an office is a plan containing the following
        information:
                (A) The specific positions and functions to be reduced or
            eliminated.
                (B) A description of which categories of employees will be
            offered incentives.
                (C) The time period during which incentives may be paid.
                (D) The number and amounts of voluntary separation
            incentive payments to be offered.
                (E) A description of how the office will operate without
            the eliminated positions and functions.
            (3) Applicable committee.--For purposes of this subsection, the
        ``applicable committee'' with respect to an office means any
        committee of the House of Representatives or Senate with
        jurisdiction over the activities of the office under the applicable
        rules of the House of Representatives and the Senate (as determined
        by the head of the office), but does not include the Committees on
        Appropriations of the House of Representatives and the Senate.
        (d) Exclusion of Certain Offices.--This section shall not apply to
    any office which is an Executive agency under section 105 of title 5,
    United States Code, or any employee of such an office.
        (e) Eligible Employee Defined.--
            (1) In general.--In this section, an ``eligible employee'' is
        an employee (as defined in section 2105, United States Code) or a
        Congressional employee (as defined in section 2107, United States
        Code) who--
                (A) is serving under an appointment without time
            limitation; and
                (B) has been currently employed for a continuous period of
            at least 3 years.
            (2) Exclusions.--An ``eligible employee'' does not include any
        of the following:
                (A) A reemployed annuitant under subchapter III of chapter
            83 or 84 of title 5, United States Code, or another retirement
            system for employees of the Government.
                (B) An employee having a disability on the basis of which
            such employee is or would be eligible for disability retirement
            under subchapter III of chapter 83 or 84 of title 5, United
            States Code, or another retirement system for employees of the
            Government.
                (C) An employee who is in receipt of a decision notice of
            involuntary separation for misconduct or unacceptable
            performance.
                (D) An employee who has previously received any voluntary
            separation incentive payment from the Federal Government under
            this section or any other authority.
                (E) An employee covered by statutory reemployment rights
            who is on transfer employment with another organization.
                (F) Any employee who--
                    (i) during the 36-month period preceding the date of
                separation of that employee, performed service for which a
                student loan repayment benefit was or is to be paid under
                section 5379 of title 5, United States Code, or any other
                authority;
                    (ii) during the 24-month period preceding the date of
                separation of that employee, performed service for which a
                recruitment or relocation bonus was or is to be paid under
                section 5753 of such title or any other authority; or
                    (iii) during the 12-month period preceding the date of
                separation of that employee, performed service for which a
                retention bonus was or is to be paid under section 5754 of
                such title or any other authority.
        (f) Repayment For Individuals Returning to Government Employment.--
            (1) In general.--Subject to paragraph (2), an employee who has
        received a voluntary separation incentive payment under this
        section and accepts employment with the Government of the United
        States within 5 years after the date of the separation on which the
        payment is based shall be required to repay the entire amount of
        the incentive payment to the office that paid the incentive
        payment.
            (2) Waiver for individuals possessing unique abilities.--
                (A) If the employment is with an Executive agency (as
            defined by section 105 of title 5, United States Code), the
            Director of the Office of Personnel Management may, at the
            request of the head of the agency, waive the repayment required
            under this subsection if the individual involved possesses
            unique abilities and is the only qualified applicant available
            for the position.
                (B) If the employment is with an entity in the legislative
            branch, the head of the entity or the appointing official may
            waive the repayment required under this subsection if the
            individual involved possesses unique abilities and is the only
            qualified applicant available for the position.
                (C) If the employment is with the judicial branch, the
            Director of the Administrative Office of the United States
            Courts may waive the repayment required under this subsection
            if the individual involved possesses unique abilities and is
            the only qualified applicant available for the position.
            (3) Treatment of personal services contracts.--For purposes of
        paragraph (1) (but not paragraph (2)), the term ``employment''
        includes employment under a personal services contract with the
        United States.
        (g) Effective Date.--This section shall take effect on the date of
    the enactment of this Act, and shall apply with respect to the portion
    of fiscal year 2005 occurring on and after such date and to each
    succeeding fiscal year.
        Sec. 211. Capitol Grounds Enclosure. None of the funds contained in
    this Act may be used to study, design, plan, or otherwise further the
    construction or consideration of a fence to enclose the perimeter of
    the grounds of the United States Capitol.
        Sec. 212. Congressional Recognition for Excellence in Arts
    Education. Section 210 of the Legislative Branch Appropriations Act,
    2003 is amended--
            (1) by striking the first proviso; and
            (2) by striking ``Provide further,'' and inserting
        ``Provided,''.
        Sec. 213. Transfer of Jurisdiction Over Real Property Near Japanese
    American Patriotism Memorial. (a) Transfer of Jurisdiction.--
            (1) In general.--Jurisdiction over the parcels of Federal real
        property described under paragraph (2) (over which jurisdiction was
        transferred under section 514(b)(2)(C) of the Omnibus Parks and
        Public Lands Management Act of 1996 (40 U.S.C. 5102 note; Public
        Law 104-333)) is transferred to the Architect of the Capitol,
        without consideration.
            (2) Parcels.--The parcels of Federal real property referred to
        under paragraph (1) are the following:
                (A) That portion of New Jersey Avenue, N.W., between the
            northernmost point of the intersection of New Jersey Avenue,
            N.W., and D Street, N.W., and the northernmost point of the
            intersection of New Jersey Avenue, N.W., and Louisiana Avenue,
            N.W., between squares 631 and W632, which remains Federal
            property, and whose maintenance and repair shall be the
            responsibility of the District of Columbia.
                (B) That portion of D Street, N.W., between its
            intersection with New Jersey Avenue, N.W., and its intersection
            with Louisiana Avenue, N.W., between squares 630 and W632,
            which remains Federal property.
        (b) Miscellaneous.--
            (1) Compliance with other laws.--Compliance with this section
        shall be deemed to satisfy the requirements of all laws otherwise
        applicable to transfers of jurisdiction over parcels of Federal
        real property.
            (2) United states capitol grounds.--
                (A) Definition.--Section 5102 of title 40, United States
            Code, is amended to include within the definition of the United
            States Capitol Grounds the parcels of Federal real property
            described in subsection (a)(2).
                (B) Jurisdiction of capitol police.--The United States
            Capitol Police shall have jurisdiction over the parcels of
            Federal real property described in subsection (a)(2) in
            accordance with section 9 of the Act entitled ``An Act to
            define the United States Capitol Grounds, to regulate the use
            thereof, and for other purposes'', approved July 31, 1946 (2
            U.S.C. 1961).
            (3) Effect of transfer.--A person relinquishing jurisdiction
        over any parcel of Federal real property transferred by subsection
        (a) shall not retain any interest in the parcel except as
        specifically provided in this section.
        (c) Effective Date.--This Act shall apply to fiscal year 2005 and
    each fiscal year thereafter.
        Sec. 214. Commission on the Abraham Lincoln Study Abroad Fellowship
    Program. Extension of Report and Termination Dates.--Section 104 of
    division H of the Consolidated Appropriations Act, 2004 (Public Law
    108-199; 118 Stat. 435) is amended--
            (1) in subsection (f), by striking ``December 1, 2004'' and
        inserting ``December 1, 2005''; and
            (2) in subsection (g), by striking ``December 31, 2004'' and
        inserting ``December 31, 2005''.
        Sec. 215. (a) The Chief Administrative Officer of the House of
    Representatives and the Sergeant at Arms and Doorkeeper of the Senate
    may enter into a memorandum of understanding under which the Sergeant
    at Arms and Doorkeeper shall provide all services of the United States
    Capitol telephone exchange for the House of Representatives, in
    accordance with such terms and conditions as may be provided in the
    memorandum of understanding.
        (b) For any period during which a memorandum of understanding is in
    effect pursuant to this section--
            (1) all positions in the United States Capitol telephone
        exchange for which the employing authority is the Chief
        Administrative Officer shall be transferred to the Sergeant at Arms
        and Doorkeeper;
            (2) all employees in the United States Capitol telephone
        exchange for whom the employing authority is the Chief
        Administrative Officer shall be transferred to, and appointed by,
        the Sergeant at Arms and Doorkeeper; and
            (3) the Sergeant at Arms and Doorkeeper shall serve as the
        employing authority for all personnel of the United States Capitol
        telephone exchange.
        (c) In carrying out a memorandum of understanding pursuant to this
    section, the Sergeant at Arms and Doorkeeper shall ensure that, with
    respect to any employee of the United States Capitol telephone exchange
    whose employing authority prior to the effective date of the memorandum
    was the Chief Administrative Officer--
            (1) the rate of pay and leave accrual for the employee shall
        not be less than the employee's rate of pay and leave accrual for
        the most recent pay period prior to such date, unless--
                (A) the employee does not remain in the same position with
            the exchange; or
                (B) the rate of pay or leave accrual is reduced for cause;
            and
            (2) any leave accrued by the employee that remains unused as of
        such date shall be transferred to the employee and made available
        for the employee to use under the same terms and conditions that
        applied to the use of the leave prior to such date.
        (d) The last sentence of section 4(b) of the House Employees
    Position Classification Act (2 U.S.C. 293(b)) is amended by striking
    ``succeeding year,'' and inserting the following: ``succeeding year
    (other than any period during which a memorandum of understanding
    described in section 215(a) of the Legislative Branch Appropriations
    Act, 2005 is in effect),''.
        (e)(1) A memorandum of understanding under this section may include
    a provision requiring the reimbursement by the House of Representatives
    during a fiscal year (paid out of the applicable accounts of the House)
    of the expenses incurred by the Sergeant at Arms and Doorkeeper during
    the fiscal year in carrying out the memorandum with respect to the
    employees of the United States Capitol telephone exchange whose
    employing authority prior to the effective date of the memorandum was
    the Chief Administrative Officer.
        (2) Any reimbursement made pursuant to this subsection--
            (A) in the case of a reimbursement for salaries or agency
        contributions and related expenses, shall be deposited in the
        account under the heading ``Office of the sergeant at arms and
        doorkeeper'' or ``agency contributions and related expenses'',
        under the heading ``Salaries, Officers and Employees''; and
            (B) in the case of a reimbursement for expenses, shall be
        deposited in the account under the heading ``sergeant at arms and
        doorkeeper of the senate'' under the heading ``Contingent Expenses
        of the Senate''.
        (3) Any funds deposited under paragraph (2) shall be available in
    like manner and for the same purposes as are other funds in the account
    to which the funds were deposited.
        (f) This section and the amendment made by this section shall apply
    with respect to fiscal year 2005 and each succeeding fiscal year.
        This division may be cited as the ``Legislative Branch
    Appropriations Act, 2005''.

    DIVISION H--TRANSPORTATION, TREASURY, INDEPENDENT AGENCIES, AND GENERAL
                      GOVERNMENT APPROPRIATIONS ACT, 2005

                                    TITLE I

                          DEPARTMENT OF TRANSPORTATION

                            Office of the Secretary

                             salaries and expenses

        For necessary expenses of the Office of the Secretary, $87,234,000,
    of which not to exceed $2,220,000 shall be available for the immediate
    Office of the Secretary; not to exceed $705,000 shall be available for
    the immediate Office of the Deputy Secretary; not to exceed $15,395,000
    shall be available for the Office of the General Counsel; not to exceed
    $12,627,000 shall be available for the Office of the Under Secretary of
    Transportation for Policy; not to exceed $8,573,000 shall be available
    for the Office of the Assistant Secretary for Budget and Programs; not
    to exceed $2,316,000 shall be available for the Office of the Assistant
    Secretary for Governmental Affairs; not to exceed $23,436,000 shall be
    available for the Office of the Assistant Secretary for Administration;
    not to exceed $1,929,000 shall be available for the Office of Public
    Affairs; not to exceed $1,456,000 shall be available for the Office of
    the Executive Secretariat; not to exceed $704,000 shall be available
    for the Board of Contract Appeals; not to exceed $1,278,000 shall be
    available for the Office of Small and Disadvantaged Business
    Utilization; not to exceed $2,053,000 for the Office of Intelligence
    and Security; not to exceed $3,150,000 shall be available for the
    Office of Emergency Transportation; and not to exceed $11,392,000 shall
    be available for the Office of the Chief Information Officer: Provided,
    That the Secretary of Transportation is authorized to transfer funds
    appropriated for any office of the Office of the Secretary to any other
    office of the Office of the Secretary: Provided further, That no
    appropriation for any office shall be increased or decreased by more
    than 5 percent by all such transfers: Provided further, That any change
    in funding greater than 5 percent shall be submitted for approval to
    the House and Senate Committees on Appropriations: Provided further,
    That not to exceed $60,000 shall be for allocation within the
    Department for official reception and representation expenses as the
    Secretary may determine: Provided further, That notwithstanding any
    other provision of law, excluding fees authorized in Public Law 107-71,
    there may be credited to this appropriation up to $2,500,000 in funds
    received in user fees: Provided further, That none of the funds
    provided in this Act shall be available for the position of Assistant
    Secretary for Public Affairs.

                             office of civil rights

        For necessary expenses of the Office of Civil Rights, $8,700,000.

                          COMPENSATION FOR AIR CARRIERS

                                   (RESCISSION)

        Of the funds made available under section 101(a)(2) of Public Law
    107-42, $235,000,000 are rescinded.

                Transportation Planning, Research, and Development

        For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, to remain available until expended, $20,000,000.

                               Working Capital Fund

        Necessary expenses for operating costs and capital outlays of the
    Working Capital Fund, not to exceed $151,054,000, shall be paid from
    appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis
    to entities within the Department of Transportation: Provided further,
    That the above limitation on operating expenses shall not apply to non-
    DOT entities: Provided further, That no funds appropriated in this Act
    to an agency of the Department shall be transferred to the Working
    Capital Fund without the approval of the agency modal administrator:
    Provided further, That no assessments may be levied against any
    program, budget activity, subactivity or project funded by this Act
    unless notice of such assessments and the basis therefor are presented
    to the House and Senate Committees on Appropriations and are approved
    by such Committees.

                    Minority Business Resource Center Program

        For the cost of guaranteed loans, $500,000, as authorized by 49
    U.S.C. 332: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That these funds are available to
    subsidize total loan principal, any part of which is to be guaranteed,
    not to exceed $18,367,000. In addition, for administrative expenses to
    carry out the guaranteed loan program, $400,000.

                            Minority Business Outreach

        For necessary expenses of Minority Business Resource Center
    outreach activities, $3,000,000, to remain available until September
    30, 2006: Provided, That notwithstanding 49 U.S.C. 332, these funds may
    be used for business opportunities related to any mode of
    transportation.

                            new headquarters building

        For necessary expenses of the Department of Transportation's new
    headquarters building and related services, $68,000,000, to remain
    available until expended.

                             Payments to Air Carriers

                         (Airport and Airway Trust Fund)

        In addition to funds made available from any other source to carry
    out the essential air service program under 49 U.S.C. 41731 through
    41742, $52,000,000, to be derived from the Airport and Airway Trust
    Fund, to remain available until expended.

                        Federal Aviation Administration

                                    operations

        For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the
    public, lease or purchase of passenger motor vehicles for replacement
    only, in addition to amounts made available by Public Law 108-176,
    $7,775,000,000, of which $4,918,073,000 shall be derived from the
    Airport and Airway Trust Fund, of which not to exceed $6,234,417,600
    shall be available for air traffic services activities; not to exceed
    $916,894,000 shall be available for aviation regulation and
    certification activities; not to exceed $224,039,000 shall be available
    for research and acquisition activities; not to exceed $11,674,000
    shall be available for commercial space transportation activities; not
    to exceed $52,124,000 shall be available for financial services
    activities; not to exceed $69,821,600 shall be available for human
    resources program activities; not to exceed $149,569,800 shall be
    available for region and center operations and regional coordination
    activities; not to exceed $139,302,000 shall be available for staff
    offices; and not to exceed $36,254,000 shall be available for
    information services: Provided, That none of the funds in this Act
    shall be available for the Federal Aviation Administration to finalize
    or implement any regulation that would promulgate new aviation user
    fees not specifically authorized by law after the date of the enactment
    of this Act: Provided further, That there may be credited to this
    appropriation funds received from States, counties, municipalities,
    foreign authorities, other public authorities, and private sources, for
    expenses incurred in the provision of agency services, including
    receipts for the maintenance and operation of air navigation
    facilities, and for issuance, renewal or modification of certificates,
    including airman, aircraft, and repair station certificates, or for
    tests related thereto, or for processing major repair or alteration
    forms: Provided further, That of the funds appropriated under this
    heading, not less than $7,000,000 shall be for the contract tower cost-
    sharing program: Provided further, That funds may be used to enter into
    a grant agreement with a nonprofit standard-setting organization to
    assist in the development of aviation safety standards: Provided
    further, That none of the funds in this Act shall be available for new
    applicants for the second career training program: Provided further,
    That none of the funds in this Act shall be available for paying
    premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
    Administration employee unless such employee actually performed work
    during the time corresponding to such premium pay: Provided further,
    That none of the funds in this Act may be obligated or expended to
    operate a manned auxiliary flight service station in the contiguous
    United States: Provided further, That none of the funds in this Act for
    aeronautical charting and cartography are available for activities
    conducted by, or coordinated through, the Working Capital Fund:
    Provided further, That of the funds provided under this heading,
    $4,000,000 is available only for recruitment, personnel compensation
    and benefits, and related costs to raise the level of operational air
    traffic control supervisors to the level of 1,846: Provided further,
    That none of the funds in this Act may be obligated or expended for an
    employee of the Federal Aviation Administration to purchase a store
    gift card or gift certificate through use of a Government-issued credit
    card.

                             Facilities and Equipment

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for
    acquisition, establishment, technical support services, improvement by
    contract or purchase, and hire of air navigation and experimental
    facilities and equipment, as authorized under part A of subtitle VII of
    title 49, United States Code, including initial acquisition of
    necessary sites by lease or grant; engineering and service testing,
    including construction of test facilities and acquisition of necessary
    sites by lease or grant; construction and furnishing of quarters and
    related accommodations for officers and employees of the Federal
    Aviation Administration stationed at remote localities where such
    accommodations are not available; and the purchase, lease, or transfer
    of aircraft from funds available under this heading; to be derived from
    the Airport and Airway Trust Fund, $2,540,000,000, of which
    $2,119,000,000 shall remain available until September 30, 2007, and of
    which $421,000,000 shall remain available until September 30, 2005:
    Provided, That there may be credited to this appropriation funds
    received from States, counties, municipalities, other public
    authorities, and private sources, for expenses incurred in the
    establishment and modernization of air navigation facilities: Provided
    further, That upon initial submission to the Congress of the fiscal
    year 2006 President's budget, the Secretary of Transportation shall
    transmit to the Congress a comprehensive capital investment plan for
    the Federal Aviation Administration which includes funding for each
    budget line item for fiscal years 2006 through 2010, with total funding
    for each year of the plan constrained to the funding targets for those
    years as estimated and approved by the Office of Management and Budget.

                      Research, Engineering, and Development

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle
    VII of title 49, United States Code, including construction of
    experimental facilities and acquisition of necessary sites by lease or
    grant, $130,927,000, to be derived from the Airport and Airway Trust
    Fund and to remain available until September 30, 2007: Provided, That
    there may be credited to this appropriation funds received from States,
    counties, municipalities, other public authorities, and private
    sources, for expenses incurred for research, engineering, and
    development.

                            Grants-in-Aid for Airports

                     (liquidation of contract authorization)

                           (limitation on obligations)

                         (airport and airway trust fund)

        For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $2,800,000,000 to be derived from the Airport and Airway
    Trust Fund and to remain available until expended: Provided, That none
    of the funds under this heading shall be available for the planning or
    execution of programs the obligations for which are in excess of
    $3,500,000,000 in fiscal year 2005, notwithstanding section 47117(g) of
    title 49, United States Code: Provided further, That none of the funds
    under this heading shall be available for the replacement of baggage
    conveyor systems, reconfiguration of terminal baggage areas, or other
    airport improvements that are necessary to install bulk explosive
    detection systems: Provided further, That notwithstanding any other
    provision of law, not more than $68,802,000 of funds limited under this
    heading shall be obligated for administration and not less than
    $20,000,000 shall be for the Small Community Air Service Development
    Program.

                            GRANTS-IN-AID FOR AIRPORTS

                         (AIRPORT AND AIRWAY TRUST FUND)

                      (RESCISSION OF CONTRACT AUTHORIZATION)

        Of the amount authorized for the fiscal year ending September 30,
    2004, under sections 48103 and 48112 of title 49, United States Code,
    $265,000,000 are rescinded.

              general provisions--federal aviation administration

        Sec. 101. Notwithstanding any other provision of law, airports may
    transfer without consideration to the Federal Aviation Administration
    (FAA) instrument landing systems (along with associated approach
    lighting equipment and runway visual range equipment) which conform to
    FAA design and performance specifications, the purchase of which was
    assisted by a Federal airport-aid program, airport development aid
    program or airport improvement program grant: Provided, That, the
    Federal Aviation Administration shall accept such equipment, which
    shall thereafter be operated and maintained by FAA in accordance with
    agency criteria.
        Sec. 102. None of the funds in this Act may be used to compensate
    in excess of 375 technical staff-years under the federally funded
    research and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 2005.
        Sec. 103. None of the funds made available in this Act may be used
    for engineering work related to an additional runway at Louis Armstrong
    New Orleans International Airport.
        Sec. 104. None of the funds in this Act shall be used to pursue or
    adopt guidelines or regulations requiring airport sponsors to provide
    to the Federal Aviation Administration without cost building
    construction, maintenance, utilities and expenses, or space in airport
    sponsor-owned buildings for services relating to air traffic control,
    air navigation, or weather reporting: Provided, That the prohibition of
    funds in this section does not apply to negotiations between the agency
    and airport sponsors to achieve agreement on ``below-market'' rates for
    these items or to grant assurances that require airport sponsors to
    provide land without cost to the FAA for air traffic control
    facilities.
        Sec. 105. None of the funds appropriated or limited by this Act may
    be used to change weight restrictions or prior permission rules at
    Teterboro Airport in Teterboro, New Jersey.
        Sec. 106. (a) Section 44302(f)(1) of title 49, United States Code,
    is amended by striking ``2004,'' each place it appears and inserting
    ``2005,''.
            (b) Section 44303(b) of such title is amended by striking
        ``2004,'' and inserting ``2005,''.
        Sec. 107. Notwithstanding any provision of law, the Secretary of
    Transportation is authorized and directed to make project grants under
    chapter 471 of title 49, United States Code, from funds available under
    49 U.S.C. 48103, for the cost of acquisition of land, or reimbursement
    of the cost of land if purchased prior to enactment of this provision
    and prior to a grant agreement, for non-exclusive use aeronautical
    purposes on an airport layout plan that has been approved by the
    Secretary on January 23, 2004, pursuant to section 49 U.S.C.
    47107(a)(16), for any small hub airport as defined in 49 U.S.C. 47102,
    and had scheduled or chartered direct international flights totaling at
    least 200 million pounds gross aircraft landed weight for calendar year
    2002.

                         Federal Highway Administration

                      limitation on administrative expenses

        Necessary expenses for administration and operation of the Federal
    Highway Administration, not to exceed $346,500,000, shall be paid in
    accordance with law from appropriations made available by this Act to
    the Federal Highway Administration together with advances and
    reimbursements received by the Federal Highway Administration.

                               Federal-Aid Highways

                           (limitation on obligations)

                               (highway trust fund)

        None of the funds in this Act shall be available for the
    implementation or execution of programs, the obligations for which are
    in excess of $34,700,000,000 for Federal-aid highways and highway
    safety construction programs for fiscal year 2005: Provided, That
    within the $34,700,000,000 obligation limitation on Federal-aid
    highways and highway safety construction programs, not more than
    $462,500,000 shall be available for the implementation or execution of
    programs for transportation research (sections 502, 503, 504, 506, 507,
    and 508 of title 23, United States Code, as amended; section 5505 of
    title 49, United States Code, as amended; and sections 5112 and 5204-
    5209 of Public Law 105-178) for fiscal year 2005: Provided further,
    That this limitation on transportation research programs shall not
    apply to any authority previously made available for obligation:
    Provided further, That within the $232,000,000 obligation limitation on
    Intelligent Transportation Systems, the following sums shall be made
    available for Intelligent Transportation System projects that are
    designed to achieve the goals and purposes set forth in section 5203 of
    the Intelligent Transportation Systems Act of 1998 (subtitle C of title
    V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the
    following specified areas:
            Alameda Corridor-East Project, San Gabriel Valley, California,
        $2,000,000.
            Alexandria Fiber Optic Cable for Traffic Signal Coordination,
        Virginia, $2,000,000.
            Alliance for Transportation Research, Transportation Technology
        Center, New Mexico, $750,000.
            Appalachian Transportation Institute and U3C, West Virginia,
        $1,000,000.
            Atlanta Construction and Traffic Management Project, Georgia,
        $2,000,000.
            Baltimore City Intelligent Transportation System, Maryland,
        $1,000,000.
            Bay County Regional ITS, Florida, $2,000,000.
            Calmar Research Vehicle Communication Systems, New York,
        $1,150,000.
            Center for Injury Sciences, Alabama, $2,000,000.
            Central Florida Regional Transportation Authority (LYNX): North
        Orange/South Seminole ITS Enhanced Circulator, $500,000.
            Cicero Avenue Smart Corridor, Illinois, $1,000,000.
            City of Boston Directional Signage Program, Massachusetts,
        $1,000,000.
            City of Elk Grove ITS Project, California, $1,500,000.
            City of Fort Worth Intelligent Transportation Systems, Texas,
        $1,800,000.
            City of San Antonio Municipal ITS Technologies, Texas,
        $1,300,000.
            Clark County ITS, Washington, $2,000,000.
            Commercial Vehicle Information Systems Network, Illinois,
        $500,000.
            COTA ITS Integration Project Phases II and III, Ohio, $800,000.
            DeKalb Co. Signal System Improvements, Georgia, $500,000.
            Downtown Signalization Project, Mechanicsburg, Pennsylvania,
        $750,000.
            FAST-TRAC Signal Expansion, Michigan, $1,000,000.
            Florida State University System Center for Intermodal
        Transportation Safety, $3,000,000.
            Freeway Incident Management Program, Houston, Texas,
        $3,250,000.
            Ft. Lauderdale Intelligent Trans System Improvement, Florida,
        $1,000,000.
            GEARS Demonstration Project, Cumberland County, Pennsylvania,
        $150,000.
            Germantown ITS, Tennessee, $500,000.
            GMU ITS Appropriations, Virginia, $2,000,000.
            Highway Speed E-ZPass, Outerbridge Crossing, New York,
        $350,000.
            Hillsborough Area Regional Transit Authority: Bus Tracking,
        Communication and Security, Florida, $750,000.
            I-70 Incident Management Plan, Colorado, $1,250,000.
            I-91 Fiber and ITS Construction, Massachusetts, $2,500,000.
            Intelligent Transportation at George Washington University,
        Virginia, $1,000,000.
            Intelligent Transportation System Feasibility Study and
        Implementation Plan, Edmond, Oklahoma, $100,000.
            Intelligent Transportation System, Jackson, Tennessee,
        $385,000.
            Intelligent Transportation System, Wichita, Kansas, $1,250,000.
            Intelligent Transportation Systems, Nebraska, $450,000.
            Intelligent Transportation Systems, City of Jackson, Tennessee,
        $1,000,000.
            Intelligent Transportation Systems, Illinois, $5,000,000.
            Intercity Transit ITS (Thurston County), Washington,
        $2,000,000.
            Interurban Transit Partnership, Grand Rapids, Michigan,
        $2,000,000.
            Iowa ITS, $2,000,000.
            ITS--Commercial Vehicle Safety and Integration Statewide, Utah,
        $500,000.
            ITS--Northwest Arkansas Regional Architecture, Arkansas,
        $250,000.
            ITS--Rural Recreation & Tourism, Statewide, Utah, $750,000.
            ITS--Springfield, Illinois, $650,000.
            ITS Deployment Project, Inglewood, California, $400,000.
            ITS Statewide, Maryland, $1,000,000.
            Jacksonville Transportation Authority: Intelligent
        Transportation Systems Regional Planning, Florida, $750,000.
            JAXPORT Intermodal Cargo Tracking Project, Florida, $900,000.
            Kansas City SmartPort, Missouri, $750,000.
            King County, County-Wide Signal Program, Washington,
        $2,000,000.
            Lake County Passage, Lake County, Illinois, $1,250,000.
            Laredo ITS Multi-Agency Integration and Incidence Project,
        Texas, $500,000.
            Los Angeles Union Station Communication System, $1,000,000.
            Lynnwood Traffic Management Center of Multi-Jurisdictional ITS,
        Washington, $1,000,000.
            MARTA Automated Fare Collection/Smart Card System, Georgia,
        $500,000.
            Missouri Statewide Rural ITS, $2,500,000.
            Montgomery County Integrated ITS Program, Maryland, $750,000.
            Montgomery Intelligent Transportation System Acquisition and
        Implementation, Alabama, $1,000,000.
            Nepperhan Traffic Improvements, City of Yonkers, New York,
        $300,000.
            Northwest Arkansas Regional Planning Commission--ITS Regional
        Architecture, $300,000.
            Park Avenue Corridor Improvements, New Jersey, $1,000,000.
            Park Avenue Corridor Improvements, Union County, New Jersey,
        $765,000.
            Pennsylvania Turnpike ITS Initiative, Pennsylvania, $2,000,000.
            PSU's Center for Transportation Studies ITS Initiative, Oregon,
        $400,000.
            Puget Sound In-Vehicle Traffic Map Expansion Program,
        Washington, $2,000,000.
            Pulaski at Irving Park Intersection Improvement, Illinois,
        $500,000.
            PVTA ITS, Massachusetts, $1,000,000.
            Regional ITS Springfield, Missouri, $2,000,000.
            Reston Traffic Signal Prioritization, Virginia, $750,000.
            Route 28 traffic light synchronization, $500,000.
            Route 50 signalization improvement, Virginia, $1,000,000.
            Route 7 signalization improvements, Virginia, $500,000.
            Rural Highway Information System, Kentucky, $2,000,000.
            San Diego Joint Transportation Operations Center, California,
        $750,000.
            SCDOT InRoads, South Carolina, $2,500,000.
            Signal Pre-emption Upgrades, Culver City, California, $110,000.
            South Boulevard Signal System, North Carolina, $470,000.
            Springfield Regional Intelligent Transportation System,
        Missouri, $2,000,000.
            Stamford Urban Transitway Phase II, Connecticut, $1,000,000.
            State Transportation Incident Management Center, Wisconsin,
        $500,000.
            STRAP 3 Transportation Program Tracking, $1,500,000.
            The Mass Country Roads Traveler Information System,
        Massachusetts, $200,000.
            TMC Transportation Operations Center, Texas, $500,000.
            Traffic Operations Center, City of Fresno, California,
        $500,000.
            Traffic Response and Information, Partnership Center, Maryland,
        $1,500,000.
            Transportation Management & Emergency Ops Center/Oakland,
        California, $750,000.
            Transportation Research Center, Georgia, $1,000,000.
            Traveler Information System, Seattle, Washington, $1,000,000.
            Tri-County ITS Coordination Initiative, Michigan, $500,000.
            Twin Cities, Minnesota Redundant Communications Pilot,
        $750,000.
            University of Alaska Arctic Transportation Engineering Research
        Center, Alaska, $1,500,000.
            University of Kentucky Transportation Center, $1,500,000.
            US 2 Lohman Rail Crossing Advance Warning, Montana, $1,000,000.
            US 280 Corridor ITS, Alabama, $800,000.
            US 280, Jefferson County, ITS, Alabama, $4,000,000.
            US 98 Widening from Bayshore Road to Portside Road, Florida,
        $500,000.
            Variable Message Signs and 511 Implementation, Idaho,
        $2,250,000.
            Ventura County Intelligent Transportation Systems, California,
        $750,000.
            Vermont Roadway Weather Information System, $1,000,000.
            Village of Tarrytown, New York, $320,000.
            West Baton Rouge Emergency Communications Center, Louisiana,
        $1,500,000.
            Wisconsin State Patrol Mobile Data Communications Network--
        Phase III, $3,400,000.

                               Federal-Aid Highways

                     (liquidation of contract authorization)

                               (highway trust fund)

        Notwithstanding any other provision of law, for carrying out the
    provisions of title 23, United States Code, that are attributable to
    Federal-aid highways, including the National Scenic and Recreational
    Highway as authorized by 23 U.S.C. 148, not otherwise provided,
    including reimbursement for sums expended pursuant to the provisions of
    23 U.S.C. 308, $35,000,000,000 or so much thereof as may be available
    in and derived from the Highway Trust Fund, to remain available until
    expended.

                               federal-aid highways

                               (highway trust fund)

                                   (rescission)

        Of the unobligated balances of funds apportioned to each State
    under chapter 1 of title 23, United States Code, $520,277,000 are
    rescinded: Provided, That such rescission shall not apply to the funds
    distributed in accordance with 23 U.S.C. 133(d)(1) and the first
    sentence of 23 U.S.C. 133(d)(3)(A) or to the funds apportioned to the
    program authorized under section 163 of title 23, United States Code.

                              FEDERAL-AID HIGHWAYS

                            EMERGENCY RELIEF PROGRAM

                              (including recission)

                               (highway trust fund)

        For an additional amount for the ``Emergency Relief Program'' as
    authorized under section 125 of title 23, United States Code,
    $741,000,000, to be derived from the Highway Trust Fund (other than the
    Mass Transit Account) and to remain available until expended: Provided,
    That of the unobligated balances of funds apportioned to each State
    under chapter 1 of title 23, United States Code, $741,000,000 are
    rescinded: Provided further, That such rescission shall not apply to
    the funds distributed in accordance with 23 U.S.C. 133(d)(1) and the
    first sentence of 23 U.S.C. 133(d)(3)(A) or to the funds apportioned to
    the program authorized under section 163 of title 23, United States
    Code.

                      Appalachian Development Highway System

        For necessary expenses for the Appalachian Development Highway
    System as authorized under section 1069(y) of Public Law 102-240, as
    amended, $80,000,000, to remain available until expended.

                General Provisions--Federal Highway Administration

        Sec. 110. (a) For fiscal year 2005, the Secretary of Transportation
    shall--
            (1) not distribute from the obligation limitation for Federal-
        aid highways amounts authorized for administrative expenses and
        programs funded from the administrative takedown authorized by
        section 104(a)(1)(A) of title 23, United States Code, for the
        highway use tax evasion program, for the Bureau of Transportation
        Statistics, and for the programs, projects, and activities funded
        from the takedown authorized by section 117 of this Act;
            (2) not distribute an amount from the obligation limitation for
        Federal-aid highways that is equal to the unobligated balance of
        amounts made available from the Highway Trust Fund (other than the
        Mass Transit Account) for Federal-aid highways and highway safety
        programs for the prior fiscal years the funds for which are
        allocated by the Secretary;
            (3) determine the ratio that--
                (A) the obligation limitation for Federal-aid Highways less
            the aggregate of amounts not distributed under paragraphs (1)
            and (2), bears to
                (B) the total of the sums authorized to be appropriated for
            Federal-aid highways and highway safety construction programs
            (other than sums authorized to be appropriated for sections set
            forth in paragraphs (1) through (7) of subsection (b) and sums
            authorized to be appropriated for section 105 of title 23,
            United States Code, equal to the amount referred to in
            subsection (b)(8)) for such fiscal year less the aggregate of
            the amounts not distributed under paragraph (1) of this
            subsection;
            (4) distribute the obligation limitation for Federal-aid
        highways less the aggregate amounts not distributed under
        paragraphs (1) and (2) for section 201 of the Appalachian Regional
        Development Act of 1965 and $2,000,000,000 for such fiscal year
        under section 105 of title 23, United States Code (relating to
        minimum guarantee) so that the amount of obligation authority
        available for each of such sections is equal to the amount
        determined by multiplying the ratio determined under paragraph (3)
        by the sums authorized to be appropriated for such section (except
        in the case of section 105, $2,000,000,000) for such fiscal year;
            (5) distribute the obligation limitation provided for Federal-
        aid highways less the aggregate amounts not distributed under
        paragraphs (1) and (2) and amounts distributed under paragraph (4)
        for each of the programs that are allocated by the Secretary under
        title 23, United States Code (other than activities to which
        paragraph (1) applies and programs to which paragraph (4) applies)
        by multiplying the ratio determined under paragraph (3) by the sums
        authorized to be appropriated for such program for such fiscal
        year; and
            (6) distribute the obligation limitation provided for Federal-
        aid highways less the aggregate amounts not distributed under
        paragraphs (1) and (2) and amounts distributed under paragraphs (4)
        and (5) for Federal-aid highways and highway safety construction
        programs (other than the minimum guarantee program, but only to the
        extent that amounts apportioned for the minimum guarantee program
        for such fiscal year exceed $2,639,000,000, and the Appalachian
        development highway system program) that are apportioned by the
        Secretary under title 23, United States Code, in the ratio that--
                (A) sums authorized to be appropriated for such programs
            that are apportioned to each State for such fiscal year, bear
            to
                (B) the total of the sums authorized to be appropriated for
            such programs that are apportioned to all States for such
            fiscal year.
        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations: (1)
    under section 125 of title 23, United States Code; (2) under section
    147 of the Surface Transportation Assistance Act of 1978; (3) under
    section 9 of the Federal-Aid Highway Act of 1981; (4) under sections
    131(b) and 131(j) of the Surface Transportation Assistance Act of 1982;
    (5) under sections 149(b) and 149(c) of the Surface Transportation and
    Uniform Relocation Assistance Act of 1987; (6) under sections 1103
    through 1108 of the Intermodal Surface Transportation Efficiency Act of
    1991; (7) under section 157 of title 23, United States Code, as in
    effect on the day before the date of the enactment of the
    Transportation Equity Act for the 21st Century; (8) under section 105
    of title 23, United States Code (but, only in an amount equal to
    $639,000,000 for such fiscal year); and (9) for Federal-aid highway
    programs for which obligation authority was made available under the
    Transportation Equity Act for the 21st Century or subsequent public
    laws for multiple years or to remain available until used, but only to
    the extent that such obligation authority has not lapsed or been used.
        (c) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (a), the Secretary shall after August 1 for such fiscal year
    revise a distribution of the obligation limitation made available under
    subsection (a) if a State will not obligate the amount distributed
    during that fiscal year and redistribute sufficient amounts to those
    States able to obligate amounts in addition to those previously
    distributed during that fiscal year giving priority to those States
    having large unobligated balances of funds apportioned under sections
    104 and 144 of title 23, United States Code, section 160 (as in effect
    on the day before the enactment of the Transportation Equity Act for
    the 21st Century) of title 23, United States Code, and under section
    1015 of the Intermodal Surface Transportation Efficiency Act of 1991.
        (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--The obligation limitation shall apply to
    transportation research programs carried out under chapter 5 of title
    23, United States Code, except that obligation authority made available
    for such programs under such limitation shall remain available for a
    period of 3 fiscal years.
        (e) Redistribution of Certain Authorized Funds.--Not later than 30
    days after the date of the distribution of obligation limitation under
    subsection (a), the Secretary shall distribute to the States any funds:
    (1) that are authorized to be appropriated for such fiscal year for
    Federal-aid highways programs (other than the program under section 160
    of title 23, United States Code) and for carrying out subchapter I of
    chapter 311 of title 49, United States Code, and highway-related
    programs under chapter 4 of title 23, United States Code; and (2) that
    the Secretary determines will not be allocated to the States, and will
    not be available for obligation, in such fiscal year due to the
    imposition of any obligation limitation for such fiscal year. Such
    distribution to the States shall be made in the same ratio as the
    distribution of obligation authority under subsection (a)(6). The funds
    so distributed shall be available for any purposes described in section
    133(b) of title 23, United States Code.
        (f) Special Rule.--Obligation limitation distributed for a fiscal
    year under subsection (a)(4) of this section for a section set forth in
    subsection (a)(4) shall remain available until used and shall be in
    addition to the amount of any limitation imposed on obligations for
    Federal-aid highway and highway safety construction programs for future
    fiscal years.
        Sec. 111. Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited
    to the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
        Sec. 112. Of the funds made available to the Bureau of
    Transportation Statistics in fiscal year 2005, $400,000 shall be
    available to administer section 5402 of title 39, United States Code.
        Sec. 113. (a) Notwithstanding any other provision of law, in
    section 1602 of the Transportation Equity Act for the 21st Century,
    item number 89 is amended by striking ``Construct I-495/Route 2
    interchange east of existing interchange to provide access to commuter
    rail station, Littleton'' and inserting ``Ayer commuter rail station
    improvements, land acquisition and parking improvements''.
        (b) Of the $6,000,000 portion of the funds appropriated under the
    heading ``Highway Demonstration Projects'' in title I of Public Law
    102-143 (105 Stat. 929) that was allocated for Routes 70/38 Circle
    Elimination, New Jersey, $4,500,000 shall be transferred to, and made
    available for, the following projects in the specified amounts: Mantua
    Creek Overpass in Paulsboro, New Jersey, $2,000,000; Delsea Drive Route
    47 Timber Creek in Westville, New Jersey, $787,000; Camden Waterfront
    Parking Garage in Camden, New Jersey, $1,213,000; and Route 47 Chapel
    Heights Avenue in Gloucester, New Jersey, $500,000.
        (c) Of the amount made available under item number 89 of the table
    contained in section 1107(b) of the Intermodal Surface Transportation
    Efficiency Act of 1991 (105 Stat. 2052), $3,300,000 shall be used to
    carry out a comprehensive regional transportation study on the
    multimodal transportation needs in Grand Traverse County, Michigan, and
    to implement recommendations resulting from the study.
        (d) Of the funds provided for under ``Transportation and Community
    and System Preservation Program'' in Public Law 106-69 and Public Law
    106-346 for the project known as ``Utah-Colorado `Isolated Empire' Rail
    Connector Study'' as referenced in House Report 106-355 and House
    Report 106-940, any remaining unobligated balance as of October 1,
    2004, shall be made available to the Central Utah Rail Line (Sigurd/
    Salina to Levan) Project.
        (e) Section 378 of the Department of Transportation and Related
    Agencies Appropriations Act, 2001 (114 Stat. 1356A-38) is amended by
    striking ``an extension of Highway 180 from the City of Mendota'' and
    inserting ``an extension of Highway 180 from the City of Fresno''.
        Sec. 114. None of the funds made available in this Act may be used
    to require a State or local government to post a traffic control device
    or variable message sign, or any other type of traffic warning sign, in
    a language other than English, except with respect to the names of
    cities, streets, places, events, or signs related to an international
    border.
        Sec. 115. Division F, title I, section 115 of Public Law 108-199 is
    amended by inserting before the period at the end the following: ``:
    Provided further, That notwithstanding any other provision of law and
    the preceding clauses of this provision, the Secretary of
    Transportation may use amounts made available by this section to make
    grants for any surface transportation project otherwise eligible for
    funding under title 23 or title 49, United States Code''.
        Sec. 116. Of the funds available under section 104(a)(1)(A) of
    title 23, United States Code, $5,000,000 shall be available for
    environmental streamlining activities, which may include making grants
    to, or entering into contracts, cooperative agreements, and other
    transactions, with a Federal agency, State agency, local agency,
    authority, association, non-profit or for-profit corporation, or
    institution of higher education.
        Sec. 117. Notwithstanding any other provision of law, whenever an
    allocation is made of the sums authorized to be appropriated for
    expenditure on the Federal lands highway program, and whenever an
    apportionment is made of the sums authorized to be appropriated for the
    surface transportation program, the congestion mitigation and air
    quality improvement program, the National Highway System, the
    Interstate maintenance program, the bridge program, the Appalachian
    development highway system, and the minimum guarantee program, the
    Secretary of Transportation shall deduct a sum in such amount not to
    exceed 4.1 percent of all sums so authorized: Provided, That of the
    amount so deducted in accordance with this section, $25,000,000 shall
    be made available to make grants to support planning, highway corridor
    development, and highway construction projects in the area that
    comprises the Delta Regional Authority; and $1,211,360,000 shall be
    made available for surface transportation projects as identified under
    this section in the statement of the managers accompanying this Act:
    Provided further, That notwithstanding any other provision of law and
    the preceding clauses of this provision, the Secretary of
    Transportation may use amounts made available by this section to make
    grants for any surface transportation project otherwise eligible for
    funding under title 23 or, title 49, United States Code: Provided
    further, That funds made available under this section, at the request
    of a State, shall be transferred by the Secretary to another Federal
    agency: Provided further, That the Federal share payable on account of
    any program, project, or activity carried out with funds made available
    under this section shall be 100 percent: Provided further, That the sum
    deducted in accordance with this section shall remain available until
    expended: Provided further, That all funds made available under this
    section shall be subject to any limitation on obligations for Federal-
    aid highways and highway safety construction programs set forth in this
    Act or any other Act: Provided further, That the obligation limitation
    made available for the programs, projects, and activities for which
    funds are made available under this section shall remain available
    until used and shall be in addition to the amount of any limitation
    imposed on obligations for Federal-aid highway and highway safety
    construction programs for future fiscal years.
        Sec. 118. Of the funds made available under section 188(a)(1) of
    title 23, United States Code, $100,000,000 are rescinded.
        Sec. 119. For the purposes of 23 U.S.C. 181(9)(D) the project
    described in section 626 of division B, title VI of Public Law 108-7 is
    eligible as a publicly owned intermodal surface freight transfer
    facility.
        Sec. 120. Notwithstanding any other provision of law, the
    Department of Transportation shall complete approval of the proposed
    surety substitution for one-half of the bond debt service reserve
    amount for the RETRAC project within 30 days after receiving from
    RETRAC a binding commitment from a qualified provider to deliver a
    surety at an acceptable price. Such bond debt service funds so released
    shall be deposited into the RETRAC project contingency fund for payment
    of RETRAC project costs in the event current project cost projections
    are exceeded.
        Sec. 121. Designation of Mike O'Callaghan-Pat Tillman Memorial
    Bridge. (a) In General.--The Hoover Dam Bypass Bridge in the Lake Mead
    National Recreation Area between Nevada and Arizona is designated as
    the ``Mike O'Callaghan-Pat Tillman Memorial Bridge''.
        (b) References in Law.--Any reference in a law (including
    regulations), map, document, paper, or other record of the United
    States to the bridge described in subsection (a) shall be considered to
    be a reference to the Mike O'Callaghan-Pat Tillman Memorial Bridge.
        Sec. 122. Bypass Bridge at Hoover Dam. (a) In General.--Subject to
    subsection (b), the Secretary of Transportation may expend from any
    funds appropriated for expenditure in accordance with title 23, United
    States Code, for payment of debt service by the States of Arizona and
    Nevada on notes issued for the bypass bridge project at Hoover Dam,
    pending appropriation or replenishment for that project.
        (b) Reimbursement.--Funds expended under subsection (a) shall be
    reimbursed from the funds made available to the States of Arizona and
    Nevada for payment of debt service on notes issued for the bypass
    bridge project at Hoover Dam.
        Sec. 123. None of the funds made available in this Act shall be
    available for the development or dissemination by the Federal Highway
    Administration of any version of a programmatic agreement which regards
    the Dwight D. Eisenhower National System of Interstate and Defense
    Highways as eligible for inclusion on the National Register of Historic
    Places.
        Sec. 124. Of the unobligated balances made available under Public
    Law 100-17, Public Law 100-457, Public Law 101-516, Public Law 102-143,
    Public Law 102-240, Public Law 102-388, Public Law 103-331, Public Law
    105-178, and Public Law 106-346, $16,407,908.88 are rescinded.
        Sec. 125. Notwithstanding any other provision of law, projects and
    activities described in the statement of managers accompanying this Act
    under the headings ``Federal-Aid Highways'' and ``Federal Transit
    Administration'' shall be eligible for fiscal year 2005 funds made
    available for the project for which each project or activity is so
    designated and projects and activities under the heading ``Job Access
    and Reverse Commute Grants'' shall be awarded those grants upon receipt
    of an application: Provided, That the Federal share payable on account
    of any such projects and activities subject to this section shall be
    the same as the share required by the Federal program under which each
    project or activity is designated unless otherwise provided in this
    Act.
        Sec. 126. Notwithstanding any other provision of law, in addition
    to amounts provided in this or any other Act for fiscal year 2005,
    $34,000,000, to be derived from the Highway Trust Fund and to remain
    available until expended, shall be available for the replacement of the
    Belleair Causeway Bridge in Pinellas County, Florida.
        Sec. 127. Of the amounts made available for the Federal-Aid
    Highways Emergency Relief Program under division B of the Military
    Construction Appropriations and Emergency Hurricane Supplemental
    Appropriations Act, 2005 (118 Stat. 1251), such sums as may be
    necessary shall be available for replacement of the I-10 bridge
    spanning Escambia Bay in Escambia and Santa Rosa Counties, Florida.
        Sec. 128. Section 14003 of Public Law 108-287, the Department of
    Defense Appropriations Act, 2005, is amended by adding a new subsection
    (c) at the end as follows:
        ``(c) Upon a request by a State to the Secretary that the State has
    an insufficient amount or type of apportionment to effectively utilize
    the funds provided in paragraph (b), the Secretary shall waive the
    requirement for apportionment. Such funds shall be eligible for any
    activity defined in section 133(b) of title 23. Funds distributed to
    each State under this section shall not be subject to section 105 of
    title 23.''.

                  Federal Motor Carrier Safety Administration

                               motor carrier safety

                      limitation on administrative expenses

                     (liquidation of contract authorization)

                               (highway trust fund)

                          (including transfer of funds)

        Notwithstanding any other provision of law, none of the funds in
    this Act shall be available for expenses for administration of motor
    carrier safety programs and motor carrier safety research, and grants,
    the obligations for which are in excess of $257,547,000 for fiscal year
    2005: Provided, That $33,000,000 shall be available to make grants to,
    or enter into contracts with, States, local governments, or other
    persons for carrying out border commercial motor vehicle safety
    programs and enforcement activities and projects for the purposes
    described in 49 U.S.C. 31104(f)(2)(B), and the Federal share payable
    under such grants shall be 100 percent; $20,000,000 shall be available
    to make grants to, or enter into contracts with, States, local
    governments, or other persons for commercial driver's licenses program
    improvements, and the Federal share payable under such grants shall be
    100 percent; $13,200,000 shall be available to make grants to States
    for implementation of section 210 of the Motor Carrier Safety
    Improvement Act of 1999, and the Federal share payable under such grant
    shall be 100 percent; and $7,400,000 shall be available to make grants
    to, or enter into contracts with, States, local governments, or other
    persons for the commercial vehicle analysis reporting system, and the
    Federal share payable under such grants shall be 100 percent: Provided
    further, That notwithstanding any other provision of law, for payment
    of obligations incurred to pay administrative expenses of and grants by
    the Federal Motor Carrier Safety Administration, $257,547,000, to be
    derived from the Highway Trust Fund, together with advances and
    reimbursements received by the Federal Motor Carrier Safety
    Administration, the sum of which shall remain available until expended.

                      national motor carrier safety program

                     (liquidation of contract authorization)

                           (limitation on obligations)

                               (highway trust fund)

        Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out 49 U.S.C. 31102, 31106, and 31309,
    $190,000,000 to be derived from the Highway Trust Fund and to remain
    available until expended: Provided, That none of the funds in this Act
    shall be available for the implementation or execution of programs the
    obligations for which are in excess of $190,000,000 for ``Motor Carrier
    Safety Grants'' and ``Information Systems,'' and of which $17,000,000
    shall be available for grants to States for implementation of section
    210 of the Motor Carrier Safety Improvement Act of 1999 (113 Stat.
    1764-1765) and $1,000,000 shall be available for grants to States,
    local governments, or other entities for commercial driver's license
    program improvements: Provided further, That for grants made to States
    for implementation of section 210 of the Motor Carrier Safety
    Improvement Act of 1999 (113 Stat. 1764-1765), and for grants to
    States, local governments, or other entities for commercial driver's
    license program improvements, the Federal share payable under such
    grants shall be 100 percent.

         General Provisions--Federal Motor Carrier Safety Administration

        Sec. 130. Funds appropriated or limited in this Act shall be
    subject to the terms and conditions stipulated in section 350 of Public
    Law 107-87, including that the Secretary submit a report to the House
    and Senate Appropriations Committees annually on the safety and
    security of transportation into the United States by Mexico-domiciled
    motor carriers.
        Sec. 131. None of the funds appropriated or otherwise made
    available by this Act may be used before December 31, 2005 to implement
    or enforce any provisions of the Final Rule, issued on April 16, 2003
    (Docket No. FMCSA-97-2350), with respect to either of the following:
            (1) The operators of utility service vehicles, as that term is
        defined in section 395.2 of title 49, Code of Federal Regulations.
            (2) Maximum daily hours of service for drivers engaged in the
        transportation of property or passengers to or from a motion
        picture or television production site located within a 100-air mile
        radius of the work reporting location of such drivers.
        Sec. 132. None of the funds made available under this Act may be
    used to issue or implement the Department of Transportation's proposed
    regulation entitled Parts and Accessories Necessary for Safe Operation;
    Certification of Compliance With Federal Motor Vehicle Safety Standards
    (FMVSSs), published in the Federal Register, volume 67, number 53, on
    March 19, 2002, relating to a phase-in period to bring vehicles into
    compliance with the requirements of the regulation.

                 National Highway Traffic Safety Administration

                             Operations and Research

                               (highway trust fund)

        For expenses necessary to discharge the functions of the Secretary,
    with respect to traffic and highway safety under chapter 301 of title
    49, United States Code, and part C of subtitle VI of title 49, United
    States Code, $157,386,000, to be derived from the sum authorized to be
    deducted under section 117 of this Act and transferred to the National
    Highway Traffic Safety Administration, to remain available until
    expended: Provided, That such funds shall be transferred to and
    administered by the National Highway Traffic Safety Administration:
    Provided further, That none of the funds in this Act may be used to
    augment information technology or computer support funds provided to
    NHTSA in excess of $2,900,000: Provided further, That none of the funds
    appropriated by this Act may be obligated or expended to plan,
    finalize, or implement any rulemaking to add to section 575.104 of
    title 49 of the Code of Federal Regulations any requirement pertaining
    to a grading standard that is different from the three grading
    standards (treadwear, traction, and temperature resistance) already in
    effect: Provided further, That all funds made available under this
    heading shall be subject to any limitation on obligations for Federal-
    aid highways and highway safety construction programs set forth in this
    Act or any other Act: Provided further, That the obligation limitation
    made available for the programs, projects, and activities for which
    funds are made available under this heading shall remain available
    until used and shall be in addition to the amount of any limitation
    imposed on obligations for Federal-aid highway and highway safety
    construction programs for future fiscal years.

                             Operations and Research

                     (liquidation of contract authorization)

                           (limitation on obligations)

                               (highway trust fund)

        Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out the provisions of 23 U.S.C. 403,
    to remain available until expended, $72,000,000, to be derived from the
    Highway Trust Fund: Provided, That none of the funds in this Act shall
    be available for the planning or execution of programs the total
    obligations for which, in fiscal year 2005, are in excess of
    $72,000,000 for programs authorized under 23 U.S.C. 403.

                             National Driver Register

                     (liquidation of contract authorization)

                           (limitation on obligations)

                               (highway trust fund)

        For payment of obligations incurred in carrying out chapter 303 of
    title 49, United States Code, $3,600,000, to be derived from the
    Highway Trust Fund: Provided, That none of the funds in this Act shall
    be available for the implementation or execution of programs the
    obligations for which are in excess of $3,600,000 for the National
    Driver Register authorized under chapter 303 of title 49, United States
    Code.

                          Highway Traffic Safety Grants

                     (liquidation of contract authorization)

                           (limitation on obligations)

                               (highway trust fund)

        Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out the provisions of 23 U.S.C. 402,
    405, and 410, to remain available until expended, $225,000,000, to be
    derived from the Highway Trust Fund: Provided, That none of the funds
    in this Act shall be available for the planning or execution of
    programs the total obligations for which, in fiscal year 2005, are in
    excess of $225,000,000 for programs authorized under 23 U.S.C. 402,
    405, and 410, of which $165,000,000 shall be for ``Highway Safety
    Programs'' under 23 U.S.C. 402, $20,000,000 shall be for ``Occupant
    Protection Incentive Grants'' under 23 U.S.C. 405, and $40,000,000
    shall be for ``Alcohol-Impaired Driving Countermeasures Grants'' under
    23 U.S.C. 410: Provided further, That none of these funds shall be used
    for construction, rehabilitation, or remodeling costs, or for office
    furnishings and fixtures for State, local, or private buildings or
    structures: Provided further, That not to exceed $10,000,000 of the
    funds made available for section 402, not to exceed $2,306,000 of the
    funds made available for section 405, and not to exceed $2,000,000 of
    the funds made available for section 410 shall be available to NHTSA
    for administering highway safety grants under chapter 4 of title 23,
    United States Code: Provided further, That not to exceed $1,000,000 of
    the funds subject to allocation under section 157 of title 23, United
    States Code, and not to exceed $1,000,000 of the funds subject to
    apportionment under section 163 of that title, shall be available to
    the National Highway Traffic Safety Administration for administering
    highway safety grants under those sections: Provided further, That not
    to exceed $500,000 of the funds made available for section 410
    ``Alcohol-Impaired Driving Countermeasures Grants'' shall be available
    for technical assistance to the States.

        General Provisions--National Highway Traffic Safety Administration

        Sec. 140. Notwithstanding any other provision of law, States may
    use funds provided in this Act under section 402 of title 23, United
    States Code, to produce and place highway safety public service
    messages in television, radio, cinema, and print media, and on the
    Internet in accordance with guidance issued by the Secretary of
    Transportation: Provided, That any State that uses funds for such
    public service messages shall submit to the Secretary a report
    describing and assessing the effectiveness of the messages: Provided
    further, That $10,000,000 of the funds allocated under section 157 of
    title 23, United States Code, shall be used as directed by the National
    Highway Traffic Safety Administrator to purchase national paid
    advertising (including production and placement) to support national
    safety belt mobilizations: Provided further, That, of the funds
    allocated under section 163 of title 23, United States Code, $6,000,000
    shall be used as directed by the Administrator to support national
    impaired driving mobilizations and enforcement efforts, $14,000,000
    shall be used as directed by the Administrator to purchase national
    paid advertising (including production and placement) to support such
    national impaired driving mobilizations and enforcement efforts.
        Sec. 141. Notwithstanding any other provision of law, funds
    appropriated or limited in the Act to educate the motoring public on
    how to share the road safely with commercial motor vehicles shall be
    administered by the National Highway Traffic Safety Administration and
    shall not be used by or made available to any other Federal agency.
        Sec. 142. Notwithstanding any other provision of law, for fiscal
    year 2005 the Secretary of Transportation is authorized to use amounts
    made available to carry out section 157 of title 23, United States
    Code, to make innovative project allocations, not to exceed the prior
    year's amounts for such allocations, before making incentive grants for
    use of seat belts.

                        Federal Railroad Administration

                              Safety and Operations

        For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $139,769,000, of which $15,350,000 shall remain
    available until expended.

                        Railroad Research and Development

        For necessary expenses for railroad research and development,
    $36,025,000, to remain available until expended.

                 railroad rehabilitation and improvement program

        The Secretary of Transportation is authorized to issue to the
    Secretary of the Treasury notes or other obligations pursuant to
    section 512 of the Railroad Revitalization and Regulatory Reform Act of
    1976 (Public Law 94-210), as amended, in such amounts and at such times
    as may be necessary to pay any amounts required pursuant to the
    guarantee of the principal amount of obligations under sections 511
    through 513 of such Act, such authority to exist as long as any such
    guaranteed obligation is outstanding: Provided, That pursuant to
    section 502 of such Act, as amended, no new direct loans or loan
    guarantee commitments shall be made using Federal funds for the credit
    risk premium during fiscal year 2005: Provided further, That the
    Secretary of Transportation and the National Railroad Passenger
    Corporation shall reach agreement on a schedule for the repayment of
    all principal and interest on their June 28, 2002 direct loan agreement
    that provides for repayment in five equal annual installments over a 5-
    year period beginning in fiscal year 2005: Provided further, That each
    annual installment payment shall be made no later than thirty days
    after the enactment of the Departments of Transportation and Treasury,
    Independent Agencies, and General Government Appropriations Act for the
    fiscal year: Provided further, That in the event the Secretary and the
    National Railroad Passenger Corporation are unable to agree on the
    terms and conditions of such revised repayment schedule within sixty
    days after the enactment of this Act, then all principal and interest
    shall come due as provided for under the existing terms of the June 28,
    2002 direct loan agreement.

                         next generation high-speed rail

        For necessary expenses for the Next Generation High-Speed Rail
    program as authorized under 49 U.S.C. 26101 and 26102, $19,650,000, to
    remain available until expended.

                          Alaska Railroad Rehabilitation

        To enable the Secretary of Transportation to make grants to the
    Alaska Railroad, $25,000,000, for capital rehabilitation and
    improvements benefiting its passenger operations, to remain available
    until expended.

              grants to the national railroad passenger corporation

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation, $1,217,000,000, to
    remain available until September 30, 2005: Provided, That not less than
    $500,000,000 shall be provided in quarterly grants for capital
    expenses: Provided further, That the Secretary of Transportation shall
    approve funding to cover operating losses and capital expenditures,
    including advance purchase orders, for the National Railroad Passenger
    Corporation only after receiving and reviewing a grant request for each
    specific train route: Provided further, That each such grant request
    shall be accompanied by a detailed financial analysis, revenue
    projection, and capital expenditure projection justifying the Federal
    support to the Secretary's satisfaction: Provided further, That the
    Secretary of Transportation shall reserve $60,000,000 of the funds
    provided under this heading and is authorized to transfer such sums to
    the Surface Transportation Board, upon request from said Board, to
    carry out directed service orders issued pursuant to section 11123 of
    title 49, United States Code, to respond to the cessation of commuter
    rail operations by the National Railroad Passenger Corporation:
    Provided further, That the Secretary of Transportation shall make the
    reserved funds available to the National Railroad Passenger Corporation
    through an appropriate grant instrument during the end of the fourth
    quarter of fiscal year 2005 to the extent that no directed service
    orders have been issued by the Surface Transportation Board as of the
    date of transfer or there is a balance of reserved funds not needed by
    the Board to pay for any directed service order issued through
    September 30, 2005: Provided further, That not later than 60 days after
    enactment of this Act, Amtrak shall transmit, in electronic format, to
    the Secretary of Transportation, the House and Senate Committees on
    Appropriations, the House Committee on Transportation and
    Infrastructure and the Senate Committee on Commerce, Science, and
    Transportation a comprehensive business plan approved by the Board of
    Directors for fiscal year 2005 under section 24104(a) of title 49,
    United States Code: Provided further, That the business plan shall
    include, as applicable, targets for ridership, revenues, and capital
    and operating expenses: Provided further, That the plan shall also
    include a separate accounting of such targets for the Northeast
    Corridor; commuter service; long-distance Amtrak service; State-
    supported service; each intercity train route; including Autotrain; and
    commercial activities including contract operations and mail and
    express: Provided further, That the business plan shall include a
    description of the work to be funded, along with cost estimates and an
    estimated timetable for completion of the projects covered by this
    business plan: Provided further, That not later than December 1, 2004
    and no later than 30 days following the last business day of the
    previous month thereafter, Amtrak shall submit to the Secretary of
    Transportation and the House and Senate Committees on Appropriations a
    supplemental report, in electronic format, regarding the pending
    business plan, which shall describe the work completed to date, any
    changes to the business plan, and the reasons for such changes:
    Provided further, That none of the funds in this Act may be used for
    operating expenses, including advance purchase orders, and capital
    projects not approved by the Secretary of Transportation nor on the
    National Railroad Passenger Corporation's fiscal year 2005 business
    plan: Provided further, That Amtrak shall display the business plan and
    all subsequent supplemental plans on the Corporation's website within a
    reasonable timeframe following their submission to the appropriate
    entities: Provided further, That none of the funds under this heading
    may be obligated or expended until the National Railroad Passenger
    Corporation agrees to continue abiding by the provisions of paragraphs
    1, 2, 3, 5, 9, and 11 of the summary of conditions for the direct loan
    agreement of June 28, 2002, in the same manner as in effect on the date
    of enactment of this Act: Provided further, That the Secretary of
    Transportation is authorized to retain up to $4,000,000 of the funds
    provided to be used to retain a consultant or consultants to assist the
    Secretary in preparing a comprehensive valuation of Amtrak's assets to
    be completed not later than September 30, 2005: Provided further, That
    these funds shall be available to the Secretary of Transportation until
    expended: Provided further, That this valuation shall to be used to
    retain a consultant or consultants to develop to the Secretary's
    satisfaction a methodology for determining the avoidable and fully
    allocated costs of each Amtrak route: Provided further, That once the
    Secretary has approved the methodology for determining the avoidable
    and fully allocated costs of each Amtrak route, Amtrak shall apply that
    methodology in compiling an annual report to Congress on the avoidable
    and fully allocated costs of each of its routes, with the initial
    report for fiscal year 2005 to be submitted to the House and Senate
    Committees on Appropriations, the House Committee on Transportation and
    Infrastructure, and the Senate Committee on Commerce, Science, and
    Transportation before December 31, 2005, and each subsequent report to
    be submitted within 90 days after the end of the fiscal year to which
    the report pertains.

               General Provisions--Federal Railroad Administration

        Sec. 150. For the purpose of assisting State-supported intercity
    rail service, in order to demonstrate whether competition will provide
    higher quality rail passenger service at reasonable prices, the
    Secretary of Transportation, working with affected States, shall
    develop and implement a procedure for fair competitive bidding by
    Amtrak and non-Amtrak operators for State-supported routes: Provided,
    That in the event a State desires to select or selects a non-Amtrak
    operator for the route, the State may make an agreement with Amtrak to
    use facilities and equipment of, or have services provided by, Amtrak
    under terms agreed to by the State and Amtrak to enable the non-Amtrak
    operator to provide the State-supported service: Provided further, That
    if the parties cannot agree on terms, the Secretary shall, as a
    condition of receipt of Federal grant funds, order that the facilities
    and equipment be made available and the services be provided by Amtrak
    under reasonable terms and compensation: Provided further, That when
    prescribing reasonable compensation to Amtrak, the Secretary shall
    consider quality of service as a major factor when determining whether,
    and the extent to which, the amount of compensation shall be greater
    than the incremental costs of using the facilities and providing the
    services: Provided further, That the Secretary may reprogram up to
    $2,500,000 from the Amtrak operating grant funds for costs associated
    with the implementation of the fair bid procedure and demonstration of
    competition under this section.
        Sec. 151. Notwithstanding any provisions of this or any other Act,
    during the fiscal year ending September 30, 2005, and hereafter, the
    Federal Railroad Administration may use funds appropriated by this or
    any other Act to provide for the installation of a broadband high speed
    internet service connection, including necessary equipment, for Federal
    Railroad Administration employees, and to either pay directly recurring
    monthly charges or to reimburse a percentage of such monthly charges
    which are paid by such employees: Provided, That the Federal Railroad
    Administration certifies that adequate safeguards against private
    misuse exist, and that the service is necessary for direct support of
    the agency's mission.
        Sec. 152. Public Law 97-468 is amended--
            (1) in section 608(a)(5) by inserting ``, including any amount
        appropriated or otherwise made available to the State-owned
        railroad,'' before ``shall be retained'';
            (2) in section 608 by adding a new subsection (e) as follows:
        ``(e) The State-owned railroad may take any necessary or
    appropriate action, consistent with Federal railroad safety laws, to
    preserve and protect its rail properties in the interests of safety.'';
    and
            (3) in section 604(d)(2) by adding a new paragraph (D) as
        follows:
                ``(D) Any hazardous substance, petroleum or other
            contaminant release at or from the State-owned rail properties
            that began prior to January 5, 1985, shall be and remain the
            liability of the United States for damages and for the costs of
            investigation and cleanup. Such liability shall be enforceable
            under 42 U.S.C. 9601 et seq. for any release described in the
            preceding sentence.''.
        Sec. 153. Notwithstanding any other provision of law, from funds
    made available to the Federal Railroad Administration under the heading
    ``Next Generation High-Speed Rail'' in the Consolidated Appropriations
    Act of 2004 (Public Law 108-199), the Secretary of Transportation may
    award a grant in the amount of $400,000 to the Illinois Department of
    Transportation for KBS Railroad track and grade crossing improvements
    in Kankakee County and Northeastern Illinois.
        Sec. 154. The Northern New England High Speed Rail Corridor is
    expanded to include the train routes from Boston, Massachusetts, to
    Albany, New York, and from Springfield, Massachusetts, to New Haven,
    Connecticut.
        Sec. 155. Not later than March 1, 2005, Amtrak shall submit to the
    House and Senate Committees on Appropriations a report detailing
    Amtrak's obligations pursuant to 49 U.S.C. 24306(a), describing all
    investments made to develop mail and express, year-to-year operating
    results generated by mail and express, a detailed description of the
    impact on employees related to termination of mail and express, a
    detailed description of the proposed liquidation of assets related to
    mail and express, and an accounting of all incurred and estimated costs
    resulting from such termination, including legal and accounting costs,
    any contingent obligations that may result, and any other related
    costs. Before submission, both the Amtrak Board of Directors and the
    Department of Transportation shall review this report.

                         Federal Transit Administration

                             Administrative Expenses

        For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $9,750,000: Provided, That no more than $78,000,000 of
    budget authority shall be available for these purposes: Provided
    further, That of the funds available not to exceed $900,000 shall be
    available for the Office of the Administrator; not to exceed $6,520,000
    shall be available for the Office of Administration; not to exceed
    $4,100,000 shall be available for the Office of the Chief Counsel; not
    to exceed $1,243,000 shall be available for the Office of Communication
    and Congressional Affairs; not to exceed $7,396,000 shall be available
    for the Office of Program Management; not to exceed $6,929,000 shall be
    available for the Office of Budget and Policy; not to exceed $4,645,000
    shall be available for the Office of Demonstration and Innovation; not
    to exceed $3,013,000 shall be available for the Office of Civil Rights;
    not to exceed $4,171,000 shall be available for the Office of Planning;
    not to exceed $20,150,000 shall be available for regional offices; and
    not to exceed $16,433,000 shall be available for the central account:
    Provided further, That the Administrator is authorized to transfer
    funds appropriated for an office of the Federal Transit Administration:
    Provided further, That no appropriation for an office shall be
    increased or decreased by more than a total of 5 percent during the
    fiscal year by all such transfers: Provided further, That any change in
    funding greater than 5 percent shall be submitted for approval to the
    House and Senate Committees on Appropriations: Provided further, That
    any funding transferred from the central account shall be submitted for
    approval to the House and Senate Committees on Appropriations: Provided
    further, That none of the funds provided or limited in this Act may be
    used to create a permanent office of transit security under this
    heading: Provided further, That of the funds in this Act available for
    the execution of contracts under section 5327(c) of title 49, United
    States Code, $2,000,000 shall be reimbursed to the Department of
    Transportation's Office of Inspector General for costs associated with
    audits and investigations of transit-related issues, including reviews
    of new fixed guideway systems: Provided further, That up to $2,500,000
    for the National transit database shall remain available until
    expended: Provided further, That upon submission to the Congress of the
    fiscal year 2006 President's budget, the Secretary of Transportation
    shall transmit to Congress the annual report on new starts, proposed
    allocations of funds for fiscal year 2006: Provided further, That the
    amount herein appropriated shall be reduced by $20,000 per day for each
    day after initial submission of the President's budget that the report
    has not been submitted to the Congress.

                                  Formula Grants

                          (including transfer of funds)

        For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310,
    5311, 5327, and section 3038 of Public Law 105-178, $504,022,000, to
    remain available until expended: Provided, That no more than
    $4,032,175,000 of budget authority shall be available for these
    purposes: Provided further, That notwithstanding any other provision of
    law, $50,000,000 of the funds to carry out 49 U.S.C. 5308 shall be
    transferred to and merged with funding provided for the replacement,
    rehabilitation, and purchase of buses and related equipment and the
    construction of bus-related facilities under ``Federal Transit
    Administration, Capital investment grants''.

                        University Transportation Research

        For necessary expenses to carry out 49 U.S.C. 5505, $750,000, to
    remain available until expended: Provided, That no more than $6,000,000
    of budget authority shall be available for these purposes.

                          Transit Planning and Research

        For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305,
    5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $16,000,000, to remain
    available until expended: Provided, That no more than $128,000,000 of
    budget authority shall be available for these purposes: Provided
    further, That $5,250,000 is available to provide rural transportation
    assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is available to carry out
    programs under the National Transit Institute (49 U.S.C. 5315),
    $8,250,000 is available to carry out transit cooperative research
    programs (49 U.S.C. 5313(a)), $60,385,600 is available for metropolitan
    planning (49 U.S.C. 5303, 5304, and 5305), $12,614,400 is available for
    State planning (49 U.S.C. 5313(b)); and $37,500,000 is available for
    the national planning and research program (49 U.S.C. 5314).

                           Trust Fund Share of Expenses

                     (liquidation of contract authorization)

                               (highway trust fund)

        Notwithstanding any other provision of law, for payment of
    obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-5315,
    5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of Public
    Law 105-178, $6,744,500,000, to remain available until expended, and to
    be derived from the Mass Transit Account of the Highway Trust Fund:
    Provided, That $3,528,153,000 shall be paid to the Federal Transit
    Administration's formula grants account: Provided further, That
    $112,000,000 shall be paid to the Federal Transit Administration's
    transit planning and research account: Provided further, That
    $68,250,000 shall be paid to the Federal Transit Administration's
    administrative expenses account: Provided further, That $5,250,000
    shall be paid to the Federal Transit Administration's university
    transportation research account: Provided further, That $109,375,000
    shall be paid to the Federal Transit Administration's job access and
    reverse commute grants program: Provided further, That $2,921,472,000
    shall be paid to the Federal Transit Administration's capital
    investment grants account.

                            Capital Investment Grants

                          (including transfer of funds)

        For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and
    5327, $417,353,000, to remain available until expended: Provided, That
    no more than $3,338,825,000 of budget authority shall be available for
    these purposes: Provided further, That there shall be available for
    fixed guideway modernization, $1,214,400,000; there shall be available
    for the replacement, rehabilitation, and purchase of buses and related
    equipment and the construction of bus-related facilities, $675,000,000,
    which shall include $50,000,000 made available under 5309(m)(3)(C) of
    this title, plus $50,000,000 transferred from ``Federal Transit
    Administration, Formula Grants''; and there shall be available for new
    fixed guideway systems $1,449,425,000, with $3,591,548 in unobligated
    balances made available in Public Law 106-346, and $22,554,144 in
    unobligated balances made available in Public Law 107-87, to be
    available as follows:
            Atlanta, Georgia/North Springs (North Line Extension),
        $265,410.
            Baltimore, Maryland, Central Light Rail Double Track,
        $29,010,000.
            Birmingham-Transit Corridor, Alabama, $1,000,000.
            Boston, Massachusetts, Silver Line III, $3,000,000.
            Capital Metro-Bus Rapid Transit, Texas, $1,000,000.
            CATRAIL RTC Rail Project, Nevada, $1,000,000.
            Charlotte, North Carolina, South Corridor Light Rail Project,
        $30,000,000.
            Chicago, Illinois, Douglas Branch Reconstruction, $85,000,000.
            Chicago, Illinois, Ravenswood Line Extension, $40,000,000.
            Cleveland, Ohio, Euclid Corridor Transportation Project,
        $25,000,000.
            Dallas, Texas NW/SE Extension, $8,500,000.
            Denver, Colorado, Southeast Corridor LRT, $80,000,000.
            Dulles Corridor Rapid Transit Project, Virginia, $25,000,000.
            Fort Lauderdale, Florida, South Florida Commuter Rail Upgrades,
        $11,409,506.
            Harrisburg, Pennsylvania, Corridor One Rail MOS, $2,000,000.
            Hawaii and Alaska Ferry Boats, $10,296,000.
            Houston Advanced Metro Transit Plan, Texas, $8,500,000.
            I-5/I-205/SR50, Transit Loop, Washington and Oregon,
        $1,500,000.
            Las Vegas, Nevada, Resort Corridor Fixed Guideway Project,
        $30,000,000.
            Little Rock River Rail, Arkansas, $3,500,000.
            Los Angeles, California/MOS3 Metro Rail (North Hollywood),
        $675,103.
            Los Angeles, California, Eastside Light Rail Transit Project,
        $60,000,000.
            Los Angeles, California, Gold Line Foothill Extension,
        $500,000.
            Metra Commuter Rail Expansions and Extensions, Illinois,
        $52,000,000.
            Minneapolis, Minnesota, Hiawatha Light Rail Project,
        $33,698,453.
            Minneapolis, Minnesota, Northstar Commuter Rail Project,
        $5,000,000.
            Nashville, Tennessee, East Corridor Commuter Rail, $2,000,000.
            New Jersey Trans-Hudson Midtown Corridor, $1,200,000.
            New Orleans, Louisiana, Canal Street Corridor Project,
        $16,747,023.
            New York, New York Long Island Rail Road East Side Access,
        $100,000,000.
            Norfolk, Virginia, Light Rail Transit Project, $2,000,000.
            Northern New Jersey Hudson-Bergen Light Rail MOS2,
        $100,000,000.
            Northern New Jersey Newark Rail Link MOS 1, $319,463.
            Northern New Jersey Newark-Elizabeth Rail Line MOS1,
        $1,365,876.
            Philadelphia, Pennsylvania, Schuylkill Valley MetroRail,
        $10,000,000.
            Phoenix, Arizona, Central Phoenix/East Valley Light Rail,
        $75,000,000.
            Pittsburgh, Pennsylvania, North Shore Light Rail Connector,
        $55,000,000.
            Pittsburgh, Pennsylvania, Stage II Light Rail, $1,140,792.
            Portland, Oregon, Interstate Max Light Rail Extension,
        $23,480,000.
            Raleigh, North Carolina, Triangle Transit Authority Regional
        Rail Project, $20,000,000.
            Rhode Island Integrated Commuter Rail Project, $6,000,000.
            Regional Commuter Rail (Weber County to Salt Lake City), Utah,
        $8,000,000.
            Salt Lake City, Utah/CBD to University LRT, $1,147,398.
            Salt Lake City, Utah/Medical Center Extension, $8,836,110.
            San Diego, California, Mid-Coast Light Rail Extension,
        $1,000,000.
            San Diego, California, Mission Valley East Light Rail
        Extension, $81,640,000.
            San Diego, California, Oceanside-Escondido Rail Corridor,
        $55,000,000.
            San Francisco, California, BART Extension to San Fran
        International Airport, $100,000,000.
            San Francisco, California, Muni Third Street Light Rail
        Project, $10,000,000.
            San Juan, Puerto Rico, Tren Urbano Rapid Transit System,
        $44,620,000.
            Santa Clara County, California, Silicon Valley Rapid Transit
        Corridor Project, $2,500,000.
            Seattle, Washington, Central Link Initial Segment, $80,000,000.
            Sound Transit Sounder Commuter Rail, Lakewood to Nisqually,
        Washington, $4,000,000.
            South Shore Commuter Rail, Indiana, $2,500,000.
            St. Louis, Missouri/Metrolink St. Clair Extension, $60,436.
            Stamford, Connecticut Urban Transitway, Phase 2, $3,000,000.
            Washington County, Oregon, Wilsonville to Beaverton Commuter
        Rail Project, $9,000,000.
            Washington, DC/Largo Extension, Maryland, $76,770,615.

                      Job Access and Reverse Commute Grants

        For necessary expenses to carry out section 3037 of the Federal
    Transit Act of 1998, $15,625,000, to remain available until expended:
    Provided, That no more than $125,000,000 of budget authority shall be
    available for these purposes: Provided further, That up to $300,000 of
    the funds provided under this heading may be used by the Federal
    Transit Administration for technical assistance and support and
    performance reviews of the Job Access and Reverse Commute Grants
    program.

                General Provisions--Federal Transit Administration

        Sec. 160. The limitations on obligations for the programs of the
    Federal Transit Administration shall not apply to any authority under
    49 U.S.C. 5338, previously made available for obligation, or to any
    other authority previously made available for obligation.
        Sec. 161. Notwithstanding any other provision of law, and except
    for fixed guideway modernization projects, funds made available by this
    Act under ``Federal Transit Administration, Capital investment grants''
    for projects specified in this Act or identified in reports
    accompanying this Act not obligated by September 30, 2007, and other
    recoveries, shall be made available for other projects under 49 U.S.C.
    5309.
        Sec. 162. Notwithstanding any other provision of law, any funds
    appropriated before October 1, 2004, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure may
    be transferred to and administered under the most recent appropriation
    heading for any such section.
        Sec. 163. None of the funds in this Act shall be available to any
    Federal transit grantee after February 1, 2004, involved directly or
    indirectly, in any activity that promotes the legalization or medical
    use of any substance listed in schedule I of section 202 of the
    Controlled Substances Act (21 U.S.C. 812 et seq.).
        Sec. 164. From unobligated balances in the Federal Transit
    Administration's Discretionary Grants account, not to exceed
    $72,792,311 shall be transferred as follows: to the Federal Transit
    Administration's Formula Grants account, not to exceed $42,190,828; and
    to the Interstate Transfer Grants--Transit account, not to exceed
    $30,601,483: Provided, That these unobligated balances are used,
    together with Formula Grant funds that are available for
    reapportionment in such account, to restore obligation authority
    reduced due to a prior deficiency.
        Sec. 165. Funds made available for Alaska or Hawaii ferry boats or
    ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
    used to construct new vessels and facilities, or to improve existing
    vessels and facilities, including both the passenger and vehicle-
    related elements of such vessels and facilities, and for repair
    facilities: Provided, That not more than $3,000,000 of the funds made
    available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State
    of Hawaii to initiate and operate a passenger ferryboat services
    demonstration project to test the viability of different intra-island
    and inter-island ferry boat routes and technology: Provided further,
    That notwithstanding 49 U.S.C. 5302(a)(7), funds made available for
    Alaska or Hawaii ferry boats may be used to acquire passenger ferry
    boats and to provide passenger ferry transportation services within
    areas of the State of Hawaii under the control or use of the National
    Park Service.
        Sec. 166. Notwithstanding any other provision of law, unobligated
    funds made available for a new fixed guideway systems projects under
    the heading ``Federal Transit Administration, Capital Investment
    Grants'' in any appropriations act prior to this Act may be used during
    this fiscal year to satisfy expenses incurred for such projects.
        Sec. 167. The Secretary shall continue the pilot program authorized
    under section 166 of the Consolidated Appropriations Act, 2004, Public
    Law 108-199; 118 Stat. 309, for cooperative procurement of major
    capital equipment under sections 5307, 5309, and 5311. The program
    shall be administered as required under subsections (b) through (g) of
    section 166, except that there shall be five pilot projects: Provided,
    That the Secretary shall evaluate all proposals based on selection
    criteria set forth in the announcement of the program and request for
    proposals (Federal Register Notice--Vol. 69, No. 120, Page 35127, June
    23, 2004). All proposed projects shall be evaluated and the proposing
    party shall receive notification of acceptance or denial by no later
    than 90 days after the Secretary receives a request for review of a
    proposed project: Provided further, That not later than 30 days after
    delivery of the base order under each of the five pilot projects, the
    Secretary shall submit to the House and Senate Committees on
    Appropriations a report on the results of that pilot project. Each
    report shall evaluate any savings realized through the cooperative
    procurement and the benefits of incorporating cooperative procurement,
    as shown by that project, into the mass transit program as a whole.
        Sec. 168. Amounts made available under chapter 53 of title 49,
    United States Code, and section 1108 of Public Law 102-240 to the Port
    Authority of Allegheny County for the Airport Busway/Wabash HOV
    Facility project that remain unexpended may be used by the Port
    Authority for the purchase of buses and bus-related equipment in
    accordance with 49 U.S.C. 5309.
        Sec. 169. Notwithstanding any other provision of law, any
    unobligated funds made available under the bus category of the Capital
    Investment Account in prior fiscal year Appropriations Act for the
    Greater New Haven Transit District Fuel Cell and Electric Bus project
    or CNG/alternative fuel vehicle project shall be transferred to and
    administered under the Transit Planning and Research account, subject
    to such terms and conditions as the Secretary deems appropriate.
        Sec. 170. Notwithstanding any other provision of law, any
    unobligated funds made available to the Matanuska Susitna Borough under
    ``Federal Transit Administration, Buses and Bus Facilities'' shall be
    available for expenditure on ferry boat and ferry facilities and
    related expenses as part of the Port MacKenzie Intermodal Facility
    project.
        Sec. 171. Notwithstanding any other provision of law, $8,900,000 of
    the funds made available under the new fixed guideway systems category
    of the Capital Investment Grants account in Public Law 107-87 for the
    ``Honolulu, Hawaii, bus rapid transit project'' shall be made available
    to the city and county of Honolulu for replacement, rehabilitation, and
    purchase of buses and related equipment and the construction of bus-
    related facilities under 49 U.S.C. 5309 and shall remain available to
    the city and county of Honolulu for those purposes until expended:
    Provided, That any remaining unobligated balance from said project in
    Public Law 107-87 shall be transferred for any eligible activity under
    title 23, United States Code, and administered under that title, for
    use on improvements to the Kapolei Interchange Complex and shall remain
    available until expended: Provided further, That funds made available
    in Public Law 108-10 for ``Hawaii: BRT Systems, Appurtenances and
    Facilities'' shall be generally available for bus and bus facilities by
    the city and county of Honolulu.
        Sec. 172. Notwithstanding any other provision of law, the Navy may
    receive funds from the State of Hawaii for the procurement of passenger
    ferry boats to provide passenger ferry transportation services for the
    Arizona War Memorial.
        Sec. 173. The Federal Transit Administration is directed to comply
    with section 3042 of the Federal Transit Act of 1998 (Public Law 105-
    178, as amended; 112 Stat. 338) and is further directed to comply with
    the associated Committee report language contained in House Report 108-
    401, accompanying H.R. 2673, pages 997-998.
        Sec. 174. Hereafter, notwithstanding any other provision of law,
    for the purpose of calculating the non-New Starts share of the total
    project cost of both phases of San Francisco Muni's Third Street Light
    Rail Transit project, the Secretary of Transportation shall include all
    non-New Starts contributions made towards Phase 1 of the two-phase
    project for engineering, final design and construction, and also shall
    allow non-New Starts funds expended on one element or phase of the
    project to be used to meet the non-New Starts share requirement of any
    element or phase of the project: Provided further, That none of the
    funds provided in this Act for the San Francisco Muni Third Street
    Light Rail Transit Project shall be obligated if the Federal Transit
    Administration determines that the project is found to be ``not
    recommended'' after evaluation and computation of revised
    transportation system user benefit data.
        Sec. 175. Funds made available for the Burlington-Bennington,
    Vermont Commuter Rail project in Public Law 106-346, the Burlington-
    Middlebury, Vermont Commuter Rail project and Vermont Transportation
    Authority Rolling Stock in Public Law 108-7 that remain unobligated,
    and funds made available for the Burlington-Essex, Vermont commuter
    rail project in Public Laws 105-277 and 105-66 that remain unexpended
    shall be transferred to the Federal Railroad Administration and made
    available to upgrade and improve the publicly-owned Vermont Rail
    Infrastructure from Bennington to Burlington with a northern terminus
    in Essex Junction: Provided, That the Federal share shall be 80 percent
    of the total cost of the project and funds shall remain available until
    expended.
        Sec. 176. Notwithstanding any other provision of law, any
    unobligated funds designated to the Oklahoma Transit Association on
    pages 1305 through 1307 of the Joint Explanatory Statement of the
    Committee of Conference for Public Law 108-7 may be made available to
    the Metropolitan Tulsa Transit Authority and the Central Oklahoma
    Transportation and Parking Authority for any project or activity
    authorized under section 3037 of Public Law 105-178 upon receipt of an
    application.
        Sec. 177. Notwithstanding 49 U.S.C. 5336, any funds remaining
    available under Federal Transit Administration grant numbers NY-03-345-
    00, NY-03-0325-00, NY-03-0405, NY-90-X398-00, NY-90-X373-00, NY-90-
    X418-00, NY-90-X465-00 together with an amount not to exceed
    $19,200,000 in urbanized area formula funds that were allocated by the
    New York Metropolitan Transportation Council to the New York City
    Department of Transportation as a designated recipient under 49 U.S.C.
    5307 may be made available to the New York Metropolitan Transportation
    Authority for eligible capital projects authorized under 49 U.S.C. 5307
    and 5309 subject to the agreements, obligations, and responsibilities
    as set forth in the contracts of assistance applicable to these grants.
        Sec. 178. Hereafter, fixed guideway extensions and new segments
    included in Metropolitan Transit Authority of Harris County, Texas,
    resolutions 2003-77 and 2003-93, and approved by the voters on November
    4, 2003, shall be considered as the preferred alternatives for purposes
    of 49 U.S.C. 5390(e)(1)(A), 23 CFR 771.123, and 49 CFR 611.7.
        Sec. 179. Of the funds made available under the heading ``Federal
    Transit Administration--Discretionary Grants'' in Public Laws 102-388
    and 103-122 for the Hawthorne-Warwick Commuter Rail Project, $4,000,000
    shall be available for the Scranton, Pennsylvania, NY City Rail Service
    Fixed Guideway Project to be carried out in accordance with 49 U.S.C.
    5309, $1,100,000 shall be made available to study the feasibility of
    utilizing diesel multiple unit rolling stock on MOS-3 of the Hudson
    Bergen Light Rail Transit System to be carried out in accordance with
    49 U.S.C. 5309, and $6,000,000 shall be transferred to the Federal
    Railroad Administration and made available for the New York and
    Susquehanna and Western Rail Road Diesel Multiple Unit Compliance and
    Demonstration Project to be carried out under terms and conditions as
    determined by the Secretary: Provided, That the Federal share shall be
    80 percent of the net project cost of that demonstration project and
    funds for that project shall remain available until expended.

                 Saint Lawrence Seaway Development Corporation

        The Saint Lawrence Seaway Development Corporation is hereby
    authorized to make such expenditures, within the limits of funds and
    borrowing authority available to the Corporation, and in accord with
    law, and to make such contracts and commitments without regard to
    fiscal year limitations as provided by section 104 of the Government
    Corporation Control Act, as amended, as may be necessary in carrying
    out the programs set forth in the Corporation's budget for the current
    fiscal year.

                            Operations and Maintenance

                         (harbor maintenance trust fund)

        For necessary expenses for operations and maintenance of those
    portions of the Saint Lawrence Seaway operated and maintained by the
    Saint Lawrence Seaway Development Corporation, $15,900,000, to be
    derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
    99-662: Provided, That, of this amount, $1,500,000 shall be for the
    concrete replacement project and related expenses at the Eisenhower and
    Snell Locks.

                            Maritime Administration

                            Maritime Security Program

        For necessary expenses to maintain and preserve a U.S.-flag
    merchant fleet to serve the national security needs of the United
    States, $98,700,000, to remain available until expended.

                             Operations and Training

        For necessary expenses of operations and training activities
    authorized by law, $109,478,000, of which $23,753,000 shall remain
    available until September 30, 2005, for salaries and benefits of
    employees of the United States Merchant Marine Academy; of which
    $13,138,000 shall remain available until expended for capital
    improvements at the United States Merchant Marine Academy; and of which
    $8,090,000 shall remain available until expended for the State Maritime
    Schools Schoolship Maintenance and Repair.

                                  Ship Disposal

        For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $21,616,000, to remain available until expended.

               Maritime Guaranteed Loan (Title XI) Program Account

                          (including transfer of funds)

        For administrative expenses to carry out the guaranteed loan
    program, not to exceed $4,764,000, which shall be transferred to and
    merged with the appropriation for Operations and Training: Provided,
    That of the $25,000,000 authorized for the cost of guaranteed loans in
    chapter 10 of Public Law 108-11, Making Emergency Wartime Supplemental
    Appropriations for the Fiscal Year 2003, and for Other Purposes,
    available until September 30, 2005, and pursuant to the Department of
    Transportation Inspector General report CR-2004-095 certifying that the
    recommendations of report CR-2003-031 have been implemented to the
    Inspector General's satisfaction, up to $2,000,000 shall be used by the
    Department of Transportation to develop a comprehensive computer based
    financial monitoring system.

                National Defense Tank Vessel Construction Program

        For necessary expenses to carry out the program of financial
    assistance for the construction of new product tank vessels as
    authorized by section 53101 of title 46, United States Code, as
    amended, $75,000,000, to remain available until expended.

                                Ship Construction

                                   (rescission)

        Of the unobligated balances available under this heading,
    $1,979,000 are rescinded.

                   General Provisions--Maritime Administration

        Sec. 180. Notwithstanding any other provision of this Act, the
    Maritime Administration is authorized to furnish utilities and services
    and make necessary repairs in connection with any lease, contract, or
    occupancy involving Government property under control of the Maritime
    Administration, and payments received therefore shall be credited to
    the appropriation charged with the cost thereof: Provided, That rental
    payments under any such lease, contract, or occupancy for items other
    than such utilities, services, or repairs shall be covered into the
    Treasury as miscellaneous receipts.
        Sec. 181. No obligations shall be incurred during the current
    fiscal year from the construction fund established by the Merchant
    Marine Act, 1936, or otherwise, in excess of the appropriations and
    limitations contained in this Act or in any prior appropriations Act.

                  Research and Special Programs Administration

                          Research and Special Programs

        For expenses necessary to discharge the functions of the Research
    and Special Programs Administration, $47,115,000, of which $645,000
    shall be derived from the Pipeline Safety Fund, and of which $3,425,000
    shall remain available until September 30, 2007: Provided, That up to
    $1,200,000 in fees collected under 49 U.S.C. 5108(g) shall be deposited
    in the general fund of the Treasury as offsetting receipts: Provided
    further, That there may be credited to this appropriation, to be
    available until expended, funds received from States, counties,
    municipalities, other public authorities, and private sources for
    expenses incurred for training, for reports publication and
    dissemination, and for travel expenses incurred in performance of
    hazardous materials exemptions and approvals functions.

                                 Pipeline Safety

                              (pipeline safety fund)

                         (oil spill liability trust fund)

        For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety
    program, as authorized by 49 U.S.C. 60107, and to discharge the
    pipeline program responsibilities of the Oil Pollution Act of 1990,
    $69,769,000, of which $15,000,000 shall be derived from the Oil Spill
    Liability Trust Fund and shall remain available until September 30,
    2007; of which $54,769,000 shall be derived from the Pipeline Safety
    Fund, of which $23,105,000 shall remain available until September 30,
    2007: Provided further, That not less than $1,000,000 of the funds
    provided under this heading shall be for the one-call State grant
    program.

                          Emergency Preparedness Grants

                          (emergency preparedness fund)

        For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, to
    be derived from the Emergency Preparedness Fund, to remain available
    until September 30, 2006: Provided, That not more than $14,300,000
    shall be made available for obligation in fiscal year 2005 from amounts
    made available by 49 U.S.C. 5116(i) and 5127(d): Provided further, That
    none of the funds made available by 49 U.S.C. 5116(i), 5127(c), and
    5127(d) shall be made available for obligation by individuals other
    than the Secretary of Transportation, or his designee.

                          Office of Inspector General

                              Salaries and Expenses

        For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $59,000,000: Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3) to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department: Provided further, That the funds made available under
    this heading shall be used to investigate, pursuant to section 41712 of
    title 49, United States Code: (1) unfair or deceptive practices and
    unfair methods of competition by domestic and foreign air carriers and
    ticket agents; and (2) the compliance of domestic and foreign air
    carriers with respect to item (1) of this proviso.

                          Surface Transportation Board

                              Salaries and Expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $21,250,000: Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,050,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading: Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 2005, to
    result in a final appropriation from the general fund estimated at no
    more than $20,200,000.

                General Provisions--Department of Transportation

                          (including transfers of funds)

        Sec. 185. During the current fiscal year applicable appropriations
    to the Department of Transportation shall be available for maintenance
    and operation of aircraft; hire of passenger motor vehicles and
    aircraft; purchase of liability insurance for motor vehicles operating
    in foreign countries on official department business; and uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
        Sec. 186. Appropriations contained in this Act for the Department
    of Transportation shall be available for services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the rate for an Executive Level IV.
        Sec. 187. None of the funds in this Act shall be available for
    salaries and expenses of more than 106 political and Presidential
    appointees in the Department of Transportation: Provided, That none of
    the personnel covered by this provision may be assigned on temporary
    detail outside the Department of Transportation.
        Sec. 188. None of the funds in this Act shall be used to implement
    section 404 of title 23, United States Code.
        Sec. 189. (a) No recipient of funds made available in this Act
    shall disseminate personal information (as defined in 18 U.S.C.
    2725(3)) obtained by a State department of motor vehicles in connection
    with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
    provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
        (b) Notwithstanding subsection (a), the Secretary shall not
    withhold funds provided in this Act for any grantee if a State is in
    noncompliance with this provision.
        Sec. 190. Funds received by the Federal Highway Administration,
    Federal Transit Administration, and Federal Railroad Administration
    from States, counties, municipalities, other public authorities, and
    private sources for expenses incurred for training may be credited
    respectively to the Federal Highway Administration's ``Federal-Aid
    Highways'' account, the Federal Transit Administration's ``Transit
    Planning and Research'' account, and to the Federal Railroad
    Administration's ``Safety and Operations'' account, except for State
    rail safety inspectors participating in training pursuant to 49 U.S.C.
    20105.
        Sec. 191. Notwithstanding any other provisions of law, rule or
    regulation, the Secretary of Transportation is authorized to allow the
    issuer of any preferred stock heretofore sold to the Department to
    redeem or repurchase such stock upon the payment to the Department of
    an amount determined by the Secretary.
        Sec. 192. None of the funds in this Act to the Department of
    Transportation may be used to make a grant unless the Secretary of
    Transportation notifies the House and Senate Committees on
    Appropriations not less than 3 full business days before any
    discretionary grant award, letter of intent, or full funding grant
    agreement totaling $1,000,000 or more is announced by the department or
    its modal administrations from: (1) any discretionary grant program of
    the Federal Highway Administration other than the emergency relief
    program; (2) the airport improvement program of the Federal Aviation
    Administration; or (3) any program of the Federal Transit
    Administration other than the formula grants and fixed guideway
    modernization programs: Provided, That no notification shall involve
    funds that are not available for obligation.
        Sec. 193. Rebates, refunds, incentive payments, minor fees and
    other funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations
    of the Department of Transportation and allocated to elements of the
    Department of Transportation using fair and equitable criteria and such
    funds shall be available until expended.
        Sec. 194. Amounts made available in this or any other Act that the
    Secretary determines represent improper payments by the Department of
    Transportation to a third party contractor under a financial assistance
    award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the Department
        of Transportation in recovering improper payments; and
            (2) to pay contractors for services provided in recovering
        improper payments: Provided, That amounts in excess of that
        required for paragraphs (1) and (2)--
                (A) shall be credited to and merged with the appropriation
            from which the improper payments were made, and shall be
            available for the purposes and period for which such
            appropriations are available; or
                (B) if no such appropriation remains available, shall be
            deposited in the Treasury as miscellaneous receipts: Provided,
            That prior to the transfer of any such recovery to an
            appropriations account, the Secretary shall notify the House
            and Senate Committees on Appropriations of the amount and
            reasons for such transfer: Provided further, That for purposes
            of this section, the term ``improper payments'', has the same
            meaning as that provided in section 2(d)(2) of Public Law 107-
            300.
        Sec. 195. The Secretary of Transportation is authorized to transfer
    the unexpended balances available for the bonding assistance program
    from ``Office of the Secretary, Salaries and expenses'' to ``Minority
    Business Outreach''.
        Sec. 196. None of the funds made available in this Act to the
    Department of Transportation may be obligated for the Office of the
    Secretary of Transportation to approve assessments or reimbursable
    agreements pertaining to funds appropriated to the modal
    administrations in this Act, except for activities underway on the date
    of enactment of this Act, unless such assessments or agreements have
    completed the normal reprogramming process for Congressional
    notification.
        Sec. 197. Funds provided in this Act for the Working Capital Fund
    shall be reduced by $20,844,000, which limits fiscal year 2005 Working
    Capital Fund obligational authority for elements of the Department of
    Transportation funded in this Act to no more than $130,210,000:
    Provided, That such reductions from the budget request shall be
    allocated by the Department of Transportation to each appropriations
    account in proportion to the amount included in each account for the
    Working Capital Fund.
        Sec. 198. For the purpose of any applicable law, for fiscal years
    2004 and 2005, the city of Norman, Oklahoma, shall be considered to be
    part of the Oklahoma City urbanized area.
        Sec. 199. Section 41716(b) of title 49, United States Code, is
    amended by adding before the period at the end the following: ``;
    except that the Secretary may grant not to exceed 4 additional slot
    exemptions at LaGuardia Airport to an incumbent air carrier operating
    at least 20 but not more than 28 slots at such airport as of October 1,
    2004, to provide air transportation between LaGuardia Airport and a
    small hub airport or nonhub airport''.

                                    TITLE II

                           DEPARTMENT OF THE TREASURY

                              Departmental Offices

                              Salaries and Expenses

                          (including transfer of funds)

        For necessary expenses of the Departmental Offices including
    operation and maintenance of the Treasury Building and Annex; hire of
    passenger motor vehicles; maintenance, repairs, and improvements of,
    and purchase of commercial insurance policies for, real properties
    leased or owned overseas, when necessary for the performance of
    official business, $157,559,000, of which not to exceed $7,274,000 for
    executive direction program activities; not to exceed $7,200,000 for
    general counsel program activities; not to exceed $31,657,000 for
    economic policies and programs activities; not to exceed $26,072,000
    for financial policies and programs activities; not to exceed
    $10,633,000 for terrorism and financial intelligence policies and
    programs activities; not to exceed $16,760,000 for Treasury-wide
    management policies and programs activities; not to exceed $57,963,000
    for administration programs activities: Provided, That the Secretary of
    the Treasury is authorized to transfer funds appropriated for any
    program activity of the Departmental Offices to any other program
    activity of the Departmental Offices upon notification to the House and
    Senate Committees on Appropriations: Provided further, That no
    appropriation for any program activity shall be increased or decreased
    by more than 2.5 percent by all such transfers: Provided further, That
    any change in funding greater than 2.5 percent shall be submitted for
    approval to the House and Senate Committees on Appropriations: Provided
    further, That the funds identified within the administration program
    activity to support the Office of Foreign Assets Control shall be
    transferred to ``Office of Foreign Assets Control'': Provided further,
    That this transfer authority shall be in addition to any other provided
    in this Act: Provided further, That of the amount appropriated under
    this heading, not to exceed $3,000,000, to remain available until
    September 30, 2006, for information technology modernization
    requirements; not to exceed $100,000 for official reception and
    representation expenses; and not to exceed $258,000 for unforeseen
    emergencies of a confidential nature, to be allocated and expended
    under the direction of the Secretary of the Treasury and to be
    accounted for solely on his certificate: Provided further, That of the
    amount appropriated under this heading, $3,393,000, to remain available
    until September 30, 2006, is for the Treasury-wide Financial Statement
    Audit Program, of which such amounts as may be necessary may be
    transferred to accounts of the Department's offices and bureaus to
    conduct audits: Provided further, That this transfer authority shall be
    in addition to any other provided in this Act.

                         Office of Foreign Assets Control

                              salaries and expenses

        For necessary expenses of the Office of Foreign Assets Control,
    $22,291,000: Provided, That the funding available shall support no less
    than 138 full time equivalent positions.

             Department-Wide Systems and Capital Investments Programs

                          (including transfer of funds)

        For development and acquisition of automatic data processing
    equipment, software, and services for the Department of the Treasury,
    $32,260,000, to remain available until September 30, 2007: Provided,
    That these funds shall be transferred to accounts and in amounts as
    necessary to satisfy the requirements of the Department's offices,
    bureaus, and other organizations: Provided further, That this transfer
    authority shall be in addition to any other transfer authority provided
    in this Act: Provided further, That none of the funds appropriated
    shall be used to support or supplement ``Internal Revenue Service,
    Information Systems'' or ``Internal Revenue Service, Business Systems
    Modernization''.

                           Office of Inspector General

                              salaries and expenses

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, not to exceed $2,000,000 for official travel expenses,
    including hire of passenger motor vehicles; and not to exceed $100,000
    for unforeseen emergencies of a confidential nature, to be allocated
    and expended under the direction of the Inspector General of the
    Treasury, $16,500,000, of which not to exceed $2,500 shall be available
    for official reception and representation expenses.

                Treasury Inspector General for Tax Administration

                              salaries and expenses

        For necessary expenses of the Treasury Inspector General for Tax
    Administration in carrying out the Inspector General Act of 1978, as
    amended, including purchase (not to exceed 150 for replacement only for
    police-type use) and hire of passenger motor vehicles (31 U.S.C.
    1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Inspector General for Tax Administration; not to
    exceed $6,000,000 for official travel expenses; and not to exceed
    $500,000 for unforeseen emergencies of a confidential nature, to be
    allocated and expended under the direction of the Inspector General for
    Tax Administration, $129,126,000; and of which not to exceed $1,500
    shall be available for official reception and representation expenses.

                 Air Transportation Stabilization Program Account

        For necessary expenses to administer the Air Transportation
    Stabilization Board established by section 102 of the Air
    Transportation Safety and System Stabilization Act (Public Law 107-42),
    $2,000,000, to remain available until expended.

                Treasury Building and Annex Repair and Restoration

        For the repair, alteration, and improvement of the Treasury
    Building and Annex, $12,316,000, to remain available until September
    30, 2007.

                      Expanded Access to Financial Services

                                   (Rescission)

        Of the unobligated balances available under this heading,
    $4,000,000 are rescinded.

                         Violent Crime Reduction Program

                                   (Rescission)

        Of the unobligated balances available under this heading,
    $1,200,000 are rescinded.

                      Financial Crimes Enforcement Network

                              salaries and expenses

        For necessary expenses of the Financial Crimes Enforcement Network,
    including hire of passenger motor vehicles; travel expenses of non-
    Federal law enforcement personnel to attend meetings concerned with
    financial intelligence activities, law enforcement, and financial
    regulation; not to exceed $14,000 for official reception and
    representation expenses; and for assistance to Federal law enforcement
    agencies, with or without reimbursement, $72,502,000, of which
    $7,500,000 shall be available for BSA Direct; of which not to exceed
    $7,000,000 shall remain available until September 30, 2007; and of
    which $8,354,000 shall remain available until September 30, 2006:
    Provided, That funds appropriated in this account may be used to
    procure personal services contracts: Provided further, That up to
    $350,000 of the funds under this heading may be available for planning,
    sponsoring, administering, receiving, and such other expenses as the
    Director deems necessary, including reception and representation
    expenses, to host the 2005 Annual Plenary of the Egmont Group.

                          Financial Management Service

                              Salaries and Expenses

        For necessary expenses of the Financial Management Service,
    $230,930,000, of which not to exceed $9,220,000 shall remain available
    until September 30, 2007, for information systems modernization
    initiatives; and of which not to exceed $2,500 shall be available for
    official reception and representation expenses.

                    Alcohol and Tobacco Tax and Trade Bureau

                              Salaries and Expenses

        For necessary expenses of carrying out section 1111 of the Homeland
    Security Act of 2002, including hire of passenger motor vehicles,
    $83,000,000; of which not to exceed $6,000 for official reception and
    representation expenses; not to exceed $50,000 for cooperative research
    and development programs for laboratory services; and provision of
    laboratory assistance to State and local agencies with or without
    reimbursement.

                               United States Mint

                    United States Mint Public Enterprise Fund

        Pursuant to section 5136 of title 31, United States Code, the
    United States Mint is provided funding through the United States Mint
    Public Enterprise Fund for costs associated with the production of
    circulating coins, numismatic coins, and protective services, including
    both operating expenses and capital investments. The aggregate amount
    of new liabilities and obligations incurred during fiscal year 2005
    under such section 5136 for circulating coinage and protective service
    capital investments of the United States Mint shall not exceed
    $24,000,000.

                           Bureau of the Public Debt

                          Administering the Public Debt

        For necessary expenses connected with any public-debt issues of the
    United States, $179,566,000, of which not to exceed $2,500 shall be
    available for official reception and representation expenses, and of
    which not to exceed $2,000,000 shall remain available until expended
    for systems modernization: Provided, That the sum appropriated herein
    from the General Fund for fiscal year 2005 shall be reduced by not more
    than $4,400,000 as definitive security issue fees and Treasury Direct
    Investor Account Maintenance fees are collected, so as to result in a
    final fiscal year 2005 appropriation from the general fund estimated at
    $175,166,000. In addition, $60,000 to be derived from the Oil Spill
    Liability Trust Fund to reimburse the Bureau for administrative and
    personnel expenses for financial management of the Fund, as authorized
    by section 1012 of Public Law 101-380.

                            Internal Revenue Service

                      Processing, Assistance, and Management

        For necessary expenses of the Internal Revenue Service for pre-
    filing taxpayer assistance and education, filing and account services,
    shared services support, general management and administration; and
    services as authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Commissioner, $4,089,574,000, of which up to
    $4,100,000 shall be for the Tax Counseling for the Elderly Program, of
    which $8,000,000 shall be available for low-income taxpayer clinic
    grants, and of which not to exceed $25,000 shall be for official
    reception and representation expenses.

                               Tax Law Enforcement

                          (including transfer of funds)

        For necessary expenses of the Internal Revenue Service for
    determining and establishing tax liabilities; providing litigation
    support; conducting criminal investigation and enforcement activities;
    securing unfiled tax returns; collecting unpaid accounts; conducting a
    document matching program; resolving taxpayer problems through prompt
    identification, referral and settlement; expanded customer service and
    public outreach programs, strengthened enforcement activities, and
    enhanced research efforts to reduce erroneous filings associated with
    the earned income tax credit; compiling statistics of income and
    conducting compliance research; purchase (for police-type use, not to
    exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
    and services as authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Commissioner, $4,398,729,000, of which not to exceed
    $1,000,000 shall remain available until September 30, 2007, for
    research: Provided, That up to $10,000,000 may be transferred as
    necessary from this account to the IRS Processing, Assistance, and
    Management appropriation or the IRS Information Systems appropriation
    solely for the purposes of management of the Earned Income Tax Credit
    compliance program and to reimburse the Social Security Administration
    for the cost of implementing section 1090 of the Taxpayer Relief Act of
    1997 (Public Law 105-33): Provided further, That this transfer
    authority shall be in addition to any other transfer authority provided
    in this Act.

                               Information Systems

        For necessary expenses of the Internal Revenue Service for
    information systems and telecommunications support, including
    developmental information systems and operational information systems;
    the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services
    as authorized by 5 U.S.C. 3109, at such rates as may be determined by
    the Commissioner, $1,590,492,000, of which $200,000,000 shall remain
    available until September 30, 2006.

                          Business Systems Modernization

        For necessary expenses of the Internal Revenue Service,
    $205,000,000, to remain available until September 30, 2007, for the
    capital asset acquisition of information technology systems, including
    management and related contractual costs of said acquisitions,
    including contractual costs associated with operations authorized by 5
    U.S.C. 3109: Provided, That none of these funds may be obligated until
    the Internal Revenue Service submits to the Committees on
    Appropriations, and such Committees approve, a plan for expenditure
    that: (1) meets the capital planning and investment control review
    requirements established by the Office of Management and Budget,
    including Circular A-11 part 3; (2) complies with the Internal Revenue
    Service's enterprise architecture, including the modernization
    blueprint; (3) conforms with the Internal Revenue Service's enterprise
    life cycle methodology; (4) is approved by the Internal Revenue
    Service, the Department of the Treasury, and the Office of Management
    and Budget; (5) has been reviewed by the Government Accountability
    Office; and (6) complies with the acquisition rules, requirements,
    guidelines, and systems acquisition management practices of the Federal
    Government.

                    Health Insurance Tax Credit Administration

        For expenses necessary to implement the health insurance tax credit
    included in the Trade Act of 2002 (Public Law 107-210), $34,841,000.

                   General Provisions--Internal Revenue Service

        Sec. 201. Not to exceed 5 percent of any appropriation made
    available in this Act to the Internal Revenue Service or not to exceed
    3 percent of appropriations under the heading ``Tax Law Enforcement''
    may be transferred to any other Internal Revenue Service appropriation
    upon the advance approval of the Committees on Appropriations.
        Sec. 202. The Internal Revenue Service shall maintain a training
    program to ensure that Internal Revenue Service employees are trained
    in taxpayers' rights, in dealing courteously with the taxpayers, and in
    cross-cultural relations.
        Sec. 203. The Internal Revenue Service shall institute and enforce
    policies and procedures that will safeguard the confidentiality of
    taxpayer information.
        Sec. 204. Funds made available by this or any other Act to the
    Internal Revenue Service shall be available for improved facilities and
    increased manpower to provide sufficient and effective 1-800 help line
    service for taxpayers. The Commissioner shall continue to make the
    improvement of the Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to increase phone lines and
    staff to improve the Internal Revenue Service 1-800 help line service.

                 General Provisions--Department of the Treasury

        Sec. 210. Appropriations to the Department of the Treasury in this
    Act shall be available for uniforms or allowances therefor, as
    authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
    cleaning; purchase of insurance for official motor vehicles operated in
    foreign countries; purchase of motor vehicles without regard to the
    general purchase price limitations for vehicles purchased and used
    overseas for the current fiscal year; entering into contracts with the
    Department of State for the furnishing of health and medical services
    to employees and their dependents serving in foreign countries; and
    services authorized by 5 U.S.C. 3109.
        Sec. 211. Not to exceed 2 percent of any appropriations in this Act
    made available to the Departmental Offices--Salaries and Expenses,
    Office of Inspector General, Financial Management Service, Alcohol and
    Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
    Bureau of the Public Debt, may be transferred between such
    appropriations upon the advance approval of the Committees on
    Appropriations: Provided, That no transfer may increase or decrease any
    such appropriation by more than 2 percent.
        Sec. 212. Not to exceed 2 percent of any appropriation made
    available in this Act to the Internal Revenue Service may be
    transferred to the Treasury Inspector General for Tax Administration's
    appropriation upon the advance approval of the Committees on
    Appropriations: Provided, That no transfer may increase or decrease any
    such appropriation by more than 2 percent.
        Sec. 213. Of the funds available for the purchase of law
    enforcement vehicles, no funds may be obligated until the Secretary of
    the Treasury certifies that the purchase by the respective Treasury
    bureau is consistent with Departmental vehicle management principles:
    Provided, That the Secretary may delegate this authority to the
    Assistant Secretary for Management.
        Sec. 214. None of the funds appropriated in this Act or otherwise
    available to the Department of the Treasury or the Bureau of Engraving
    and Printing may be used to redesign the $1 Federal Reserve note.
        Sec. 215. The Secretary of the Treasury may transfer funds from
    ``Financial management service, salaries and expenses'' to ``Debt
    services'' as necessary to cover the costs of debt collection:
    Provided, That such amounts shall be reimbursed to such salaries and
    expenses account from debt collections received in the Debt Services
    Account.
        Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
    note), is further amended by striking ``6 years'' and inserting ``7
    years''.
        Sec. 217. None of the funds appropriated or otherwise made
    available by this or any other Act may be used by the United States
    Mint to construct or operate any museum without the explicit approval
    of the House Committee on Financial Services and the Senate Committee
    on Banking, Housing, and Urban Affairs.
        Sec. 218. None of the funds appropriated or otherwise made
    available by this or any other Act or source to the Department of the
    Treasury, the Bureau of Engraving and Printing, and the United States
    Mint, individually or collectively, may be used to consolidate any or
    all functions of the Bureau of Engraving and Printing and the United
    States Mint without the explicit approval of the House Committee on
    Financial Services; the Senate Committee on Banking, Housing, and Urban
    Affairs; the House Committee on Appropriations; and the Senate
    Committee on Appropriations.
        Sec. 219. Section 101(f) of the Treasury Department Appropriations
    Act, 1997 (division A of Public Law 104-208), as amended, is further
    amended by striking ``hereby'' and ``until October 1, 2004,'' and
    inserting ``Hereafter'' before the phrase ``there is established''.
        Sec. 220. (a) Section 3333 of title 31, United States Code, is
    amended as follows:
            (1) By revising paragraph (a)(1) to read as follows:
        ``(a)(1) The Secretary of the Treasury is not liable for a payment
    made by the Secretary or depositary in due course and without
    negligence, of--
            ``(A) a check, draft, or warrant drawn on the Treasury or the
        depositary;
            ``(B) an electronic payment issued by the Treasury or the
        depositary; and
            ``(C) a debt obligation guaranteed or assumed by the United
        States Government.'';
        (2) By inserting after paragraph (a)(2) the following new
    paragraph:
        ``(3) The amount of the relief shall be charged to the Check
    Forgery Insurance Fund (31 U.S.C. 3343). A recovery or repayment of a
    loss for which replacement is made out of the fund shall be credited to
    the fund and is available for the purposes for which the fund was
    established.''.
        (b) The Check Forgery Insurance Fund (31 U.S.C. 3343) shall be
    available to fund amounts relating to the payment of items listed in 31
    U.S.C. 3333(a)(1), as amended above, prior to the enactment of this
    Act.
        Sec. 221. Not later than 60 days after enactment of this Act, the
    Secretary of the Treasury shall submit to the Committees on
    Appropriations a report describing how statutory provisions addressing
    currency manipulation by America's trading partners contained in, and
    relating to, title 22 U.S.C. 5304, 5305, and 286y can be better
    clarified administratively to provide for improved and more predictable
    evaluation, and to enable the problem of currency manipulation to be
    better understood by the American people and the Congress.
        Sec. 222. Terrorism and Financial Intelligence. (a) In General.--
    Subchapter I of chapter 3 of title 31, United States Code, is amended
    by adding at the end the following:

    ``Sec. 313. Terrorism and financial intelligence

        ``(a) Office of Terrorism and Financial Intelligence.--
            ``(1) Establishment.--There is established within the
        Department of the Treasury the Office of Terrorism and Financial
        Intelligence (in this section referred to as `OTFI'), which shall
        be the successor to any such office in existence on the date of
        enactment of this section.
            ``(2) Leadership.--
                ``(A) Undersecretary.--There is established within the
            Department of the Treasury, the Office of the Undersecretary
            for Terrorism and Financial Crimes, who shall serve as the head
            of the OTFI, and shall report to the Secretary of the Treasury
            through the Deputy Secretary of the Treasury. The Office of the
            Undersecretary for Terrorism and Financial Crimes shall be the
            successor to the Office of the Undersecretary for Enforcement.
                ``(B) Appointment.--The Undersecretary for Terrorism and
            Financial Crimes shall be appointed by the President, by and
            with the advice and consent of the Senate.
            ``(3) Assistant secretary for terrorist financing.--
                ``(A) Establishment.--There is established within the OTFI
            the position of Assistant Secretary for Terrorist Financing.
                ``(B) Appointment.--The Assistant Secretary for Terrorist
            Financing shall be appointed by the President, by and with the
            advice and consent of the Senate.
                ``(C) Duties.--The Assistant Secretary for Terrorist
            Financing shall be responsible for formulating and coordinating
            the counter terrorist financing and anti-money laundering
            efforts of the Department of the Treasury, and shall report
            directly to the Undersecretary for Terrorism and Financial
            Crimes.
            ``(4) Functions.--The functions of the OTFI include providing
        policy, strategic, and operational direction to the Department on
        issues relating to--
                ``(A) implementation of titles I and II of the Bank Secrecy
            Act;
                ``(B) United States economic sanctions programs;
                ``(C) combating terrorist financing;
                ``(D) combating financial crimes, including money
            laundering, counterfeiting, and other offenses threatening the
            integrity of the banking and financial systems;
                ``(E) other enforcement matters;
                ``(F) those intelligence analysis and coordination
            functions described in subsection (b); and
                ``(G) the security functions and programs of the Department
            of the Treasury.
            ``(5) Reports to congress on proposed measures.--The
        Undersecretary for Terrorism and Financial Crimes and the Assistant
        Secretary for Terrorist Financing shall report to the Committee on
        Banking, Housing, and Urban Affairs of the Senate and the Committee
        on Financial Services of the House of Representatives not later
        than 72 hours after proposing by rule, regulation, order, or
        otherwise, any measure to reorganize the structure of the
        Department for combatting money laundering and terrorist financing,
        before any such proposal becomes effective.
            ``(6) Other offices within otfi.--Notwithstanding any other
        provision of law, the following offices of the Department of the
        Treasury shall be within the OTFI:
                ``(A) The Office of the Assistant Secretary for
            Intelligence and Analysis, which shall report directly to the
            Undersecretary for Terrorism and Financial Crimes.
                ``(B) The Office of the Assistant Secretary for Terrorist
            Financing, which shall report directly to the Undersecretary
            for Terrorism and Financial Crimes.
                ``(C) The Office of Foreign Assets Control (in this section
            referred to as the `OFAC'), which shall report directly to the
            Undersecretary for Terrorism and Financial Crimes.
                ``(D) The Executive Office for Asset Forfeiture, which
            shall report to the Undersecretary for Terrorism and Financial
            Crimes.
                ``(E) The Office of Intelligence and Analysis (in this
            section referred to as the `OIA'), which shall report to the
            Assistant Secretary for Intelligence and Analysis.
                ``(F) The Office of Terrorist Financing, which shall report
            to the Assistant Secretary for Terrorist Financing.
            ``(7) FinCEN.--
                ``(A) Reporting to undersecretary.--The Financial Crimes
            Enforcement Network (in this section referred to as `FinCEN'),
            a bureau of the Department of the Treasury, shall report to the
            Undersecretary for Terrorism and Financial Crimes. The
            Undersecretary for Terrorism and Financial Crimes may not
            redelegate its reporting authority over FinCEN.
                ``(B) Office of compliance.--There is established within
            FinCEN, an Office of Compliance.
        ``(b) Office of Intelligence and Analysis.--
            ``(1) Assistant secretary for intelligence and analysis.--The
        Assistant Secretary for Intelligence and Analysis shall head the
        OIA.
            ``(2) Responsibilities.--The OIA shall be responsible for the
        receipt, analysis, collation, and dissemination of intelligence and
        counterintelligence information related to the operations and
        responsibilities of the entire Department of the Treasury,
        including all components and bureaus of the Department.
            ``(3) Primary functions.--The primary functions of the OIA
        are--
                ``(A) to build a robust analytical capability on terrorist
            finance by coordinating and overseeing work involving
            intelligence analysts in all components of the Department of
            the Treasury, focusing on the highest priorities of the
            Department, as well as ensuring that the existing intelligence
            needs of the OFAC and FinCEN are met; and
                ``(B) to provide intelligence support to senior officials
            of the Department on a wide range of international economic and
            other relevant issues.
            ``(4) Other functions and duties.--The OIA shall--
                ``(A) carry out the intelligence support functions that are
            assigned, to the Office of Intelligence Support under section
            311 (pursuant to section 105 of the Intelligence Authorization
            Act for Fiscal Year 2004);
                ``(B) serve in a liaison capacity with the intelligence
            community; and
                ``(C) represent the Department in various intelligence
            related activities.
            ``(5) Duties of the assistant secretary.--The Assistant
        Secretary for Intelligence and Analysis shall serve as the Senior
        Officer Intelligence Community, and shall represent the Department
        in intelligence community fora, including the National Foreign
        Intelligence Board committees and the Intelligence Community
        Management Staff.
        ``(c) Delegation.--To the extent that any authorities, powers, and
    responsibilities over enforcement matters delegated to the
    Undersecretary for Terrorism and Financial Crimes, or the positions of
    Assistant Secretary for Terrorism and Financial Crimes, Assistant
    Secretary for Enforcement and Operations, or Deputy Assistant Secretary
    for Terrorist Financing and Financial Crimes, have not been transferred
    to the Department of Homeland Security, the Department of Justice, or
    the Assistant Secretary for Tax Policy (related to the customs revenue
    functions of the Bureau of Alcohol and Tobacco Tax and Trade), those
    remaining authorities, powers, and responsibilities are delegated to
    the Undersecretary for Terrorism and Financial Crimes.
        ``(d) Designation as Enforcement Organization.--The Office of
    Terrorism and Financial Intelligence (including any components thereof)
    is designated as a law enforcement organization of the Department of
    the Treasury for purposes of section 9703 of title 31, United States
    Code, and other relevant authorities.
        ``(e) Use of Existing Resources.--The Secretary may employ
    personnel, facilities, and other Department of the Treasury resources
    available to the Secretary on the date of enactment of this section in
    carrying out this section, except as otherwise prohibited by law.
        ``(f) References.--References in this section to the `Secretary',
    `Undersecretary', `Deputy Secretary', `Deputy Assistant Secretary',
    `Office', `Assistant Secretary', and `Department' are references to
    positions and offices of the Department of the Treasury, unless
    otherwise specified.''.
        (b) Conforming Amendments.--
            (1) Title 31.--Section 311 of title 31, United States Code, is
        amended--
                (A) in subsection (a)--
                    (i) by redesignating paragraphs (1) and (2) as
                paragraphs (2) and (3), respectively; and
                    (ii) by inserting before paragraph (2), as so
                redesignated, the following:
            ``(1) be within the Office of Terrorism and Financial
        Intelligence;''; and
                (B) in subsection (b), by striking ``Enforcement'' and
            inserting ``Terrorism and Financial Crimes''.
            (2) Other office abolished.--The Office of the Undersecretary
        for Enforcement of the Department of the Treasury, established in
        accordance with section 103 of the Treasury Department
        Appropriations Act, 1994 (Public Law 103-123) is abolished, and all
        rights, duties, and responsibilities of that office are transferred
        on the date of enactment of this Act to the Office of the
        Undersecretary for Terrorism and Financial Crimes of the Department
        of the Treasury in accordance with this section and the amendments
        made by this section, except as otherwise specifically provided in
        this section or the amendments made by this section, or other
        applicable law.

                                   TITLE III

        EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
                                   PRESIDENT

                         Compensation of the President

        For compensation of the President, including an expense allowance
    at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
    $450,000: Provided, That none of the funds made available for official
    expenses shall be expended for any other purpose and any unused amount
    shall revert to the Treasury pursuant to section 1552 of title 31,
    United States Code.

                               White House Office

                             salaries and expenses

        For necessary expenses for the White House as authorized by law,
    including not to exceed $3,850,000 for services as authorized by 5
    U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
    U.S.C. 105, which shall be expended and accounted for as provided in
    that section; hire of passenger motor vehicles, newspapers,
    periodicals, teletype news service, and travel (not to exceed $100,000
    to be expended and accounted for as provided by 3 U.S.C. 103); and not
    to exceed $19,000 for official entertainment expenses, to be available
    for allocation within the Executive Office of the President,
    $62,000,000: Provided, That of the funds appropriated under this
    heading, up to $9,975,000 shall be available for reimbursements to the
    White House Communications Agency: Provided further, That of the funds
    appropriated under this heading, $2,475,000 shall be for the Homeland
    Security Council.

                     Executive Residence at the White House

                                operating expenses

        For the care, maintenance, repair and alteration, refurnishing,
    improvement, heating, and lighting, including electric power and
    fixtures, of the Executive Residence at the White House and official
    entertainment expenses of the President, $12,760,000, to be expended
    and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                              reimbursable expenses

        For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary: Provided, That all
    reimbursable operating expenses of the Executive Residence shall be
    made in accordance with the provisions of this paragraph: Provided
    further, That, notwithstanding any other provision of law, such amount
    for reimbursable operating expenses shall be the exclusive authority of
    the Executive Residence to incur obligations and to receive offsetting
    collections, for such expenses: Provided further, That the Executive
    Residence shall require each person sponsoring a reimbursable political
    event to pay in advance an amount equal to the estimated cost of the
    event, and all such advance payments shall be credited to this account
    and remain available until expended: Provided further, That the
    Executive Residence shall require the national committee of the
    political party of the President to maintain on deposit $25,000, to be
    separately accounted for and available for expenses relating to
    reimbursable political events sponsored by such committee during such
    fiscal year: Provided further, That the Executive Residence shall
    ensure that a written notice of any amount owed for a reimbursable
    operating expense under this paragraph is submitted to the person owing
    such amount within 60 days after such expense is incurred, and that
    such amount is collected within 30 days after the submission of such
    notice: Provided further, That the Executive Residence shall charge
    interest and assess penalties and other charges on any such amount that
    is not reimbursed within such 30 days, in accordance with the interest
    and penalty provisions applicable to an outstanding debt on a United
    States Government claim under section 3717 of title 31, United States
    Code: Provided further, That each such amount that is reimbursed, and
    any accompanying interest and charges, shall be deposited in the
    Treasury as miscellaneous receipts: Provided further, That the
    Executive Residence shall prepare and submit to the Committees on
    Appropriations, by not later than 90 days after the end of the fiscal
    year covered by this Act, a report setting forth the reimbursable
    operating expenses of the Executive Residence during the preceding
    fiscal year, including the total amount of such expenses, the amount of
    such total that consists of reimbursable official and ceremonial
    events, the amount of such total that consists of reimbursable
    political events, and the portion of each such amount that has been
    reimbursed as of the date of the report: Provided further, That the
    Executive Residence shall maintain a system for the tracking of
    expenses related to reimbursable events within the Executive Residence
    that includes a standard for the classification of any such expense as
    political or nonpolitical: Provided further, That no provision of this
    paragraph may be construed to exempt the Executive Residence from any
    other applicable requirement of subchapter I or II of chapter 37 of
    title 31, United States Code.

                        White House Repair and Restoration

        For the repair, alteration, and improvement of the Executive
    Residence at the White House, $1,900,000, to remain available until
    expended, for required maintenance, safety and health issues, and
    continued preventative maintenance.

                          Council of Economic Advisers

                              salaries and expenses

        For necessary expenses of the Council of Economic Advisers in
    carrying out its functions under the Employment Act of 1946 (15 U.S.C.
    1021), $4,040,000.

                          Office of Policy Development

                              salaries and expenses

        For necessary expenses of the Office of Policy Development,
    including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
    $2,300,000.

                           National Security Council

                              salaries and expenses

        For necessary expenses of the National Security Council, including
    services as authorized by 5 U.S.C. 3109, $8,932,000.

                            Office of Administration

                              salaries and expenses

        For necessary expenses of the Office of Administration, including
    services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
    passenger motor vehicles, $92,269,000, of which $12,075,000 shall
    remain available until expended for the Capital Investment Plan for
    continued modernization of the information technology infrastructure
    within the Executive Office of the President: Provided, That $4,000,000
    of Capital Investment Plan funds may not be obligated until the
    Executive Office of the President has submitted a report to the
    Committees on Appropriations that includes an Enterprise Architecture,
    as defined in OMB Circular A-130 and the Federal Chief Information
    Officers Council guidance, that is reviewed and approved by the Office
    of Management and Budget, reviewed by the United States Government
    Accountability Office, and approved by the Committees on
    Appropriations.

                        Office of Management and Budget

                              Salaries and Expenses

        For necessary expenses of the Office of Management and Budget,
    including hire of passenger motor vehicles and services as authorized
    by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title
    44, United States Code, $68,411,000, of which not to exceed $1,500
    shall be available for official representation expenses: Provided,
    That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied
    only to the objects for which appropriations were made except as
    otherwise provided by law: Provided further, That none of the funds
    appropriated in this Act for the Office of Management and Budget may be
    used for the purpose of reviewing any agricultural marketing orders or
    any activities or regulations under the provisions of the Agricultural
    Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided
    further, That none of the funds made available for the Office of
    Management and Budget by this Act may be expended for the altering of
    the transcript of actual testimony of witnesses, except for testimony
    of officials of the Office of Management and Budget, before the
    Committees on Appropriations or their subcommittees: Provided further,
    That the preceding shall not apply to printed hearings released by the
    Committees on Appropriations: Provided further, That none of the funds
    appropriated in this Act may be available to pay the salary or expenses
    of any employee of the Office of Management and Budget who calculates,
    prepares, or approves any tabular or other material that proposes the
    sub-allocation of budget authority or outlays by the Committees on
    Appropriations among their subcommittees: Provided further, That none
    of the funds provided in this or prior Acts shall be used, directly or
    indirectly, by the Office of Management and Budget, for evaluating or
    determining if water resource project or study reports submitted by the
    Chief of Engineers acting through the Secretary of the Army are in
    compliance with all applicable laws, regulations, and requirements
    relevant to the Civil Works water resource planning process: Provided
    further, That the Office of Management and Budget shall have not more
    than 60 days in which to perform budgetary policy reviews of water
    resource matters on which the Chief of Engineers has reported. The
    Director of the Office of Management and Budget shall notify the
    appropriate authorizing and Appropriations Committees when the 60-day
    review is initiated. If water resource reports have not been
    transmitted to the appropriate authorizing and appropriating committees
    within 15 days of the end of the OMB review period based on the
    notification from the Director, Congress shall assume OMB concurrence
    with the report and act accordingly.

                     Office of National Drug Control Policy

                              Salaries and Expenses

        For necessary expenses of the Office of National Drug Control
    Policy; for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.);
    not to exceed $10,000 for official reception and representation
    expenses; and for participation in joint projects or in the provision
    of services on matters of mutual interest with nonprofit, research, or
    public organizations or agencies, with or without reimbursement,
    $27,000,000; of which $1,350,000 shall remain available until expended
    for policy research and evaluation: Provided, That the Office is
    authorized to accept, hold, administer, and utilize gifts, both real
    and personal, public and private, without fiscal year limitation, for
    the purpose of aiding or facilitating the work of the Office.

                     Counterdrug Technology Assessment Center

                          (including transfer of funds)

        For necessary expenses for the Counterdrug Technology Assessment
    Center for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
    $42,000,000, which shall remain available until expended, consisting of
    $18,000,000 for counternarcotics research and development projects, and
    $24,000,000 for the continued operation of the technology transfer
    program: Provided, That the $18,000,000 for counternarcotics research
    and development projects shall be available for transfer to other
    Federal departments or agencies.

                         Federal Drug Control Programs

                  High Intensity Drug Trafficking Areas Program

                          (including transfer of funds)

        For necessary expenses of the Office of National Drug Control
    Policy's High Intensity Drug Trafficking Areas Program, $228,350,000,
    for drug control activities consistent with the approved strategy for
    each of the designated High Intensity Drug Trafficking Areas, of which
    no less than 51 percent shall be transferred to State and local
    entities for drug control activities, which shall be obligated within
    120 days of the date of the enactment of this Act: Provided, That up to
    49 percent, to remain available until September 30, 2006, may be
    transferred to Federal agencies and departments at a rate to be
    determined by the Director, of which not less than $2,000,000 shall be
    used for auditing services and associated activities, and at least
    $500,000 of the $2,000,000 shall be used to develop and implement a
    data collection system to measure the performance of the High Intensity
    Drug Trafficking Areas Program: Provided further, That High Intensity
    Drug Trafficking Areas Programs designated as of September 30, 2004,
    shall be funded at no less than the fiscal year 2004 initial allocation
    levels unless the Director submits to the Committees on Appropriations,
    and the Committees approve, justification for changes in those levels
    based on clearly articulated priorities for the High Intensity Drug
    Trafficking Areas Programs, as well as published Office of National
    Drug Control Policy performance measures of effectiveness: Provided
    further, That a request shall be submitted in compliance with the
    reprogramming guidelines to the Committees on Appropriations for
    approval prior to the obligation of funds of an amount in excess of the
    fiscal year 2005 budget request: Provided further, That not to exceed
    $2,000,000 of the funds made available under this heading in excess of
    the fiscal year 2005 budget request shall be available for the
    Consolidated Priority Organization Target program.

                       Other Federal Drug Control Programs

                          (including transfer of funds)

        For activities to support a national anti-drug campaign for youth,
    and for other purposes, authorized by the Office of National Drug
    Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
    $213,700,000, to remain available until expended, of which the
    following amounts are available as follows: $120,000,000 to support a
    national media campaign, as authorized by the Drug-Free Media Campaign
    Act of 1998; $80,000,000 to continue a program of matching grants to
    drug-free communities, of which $2,000,000 shall be a directed grant to
    the Community Anti-Drug Coalitions of America for the National
    Community Anti-Drug Coalition Institute, as authorized in chapter 2 of
    the National Narcotics Leadership Act of 1988, as amended; $2,000,000
    for the Counterdrug Intelligence Executive Secretariat; $750,000 for
    the National Drug Court Institute; $1,000,000 for the National Alliance
    for Model State Drug Laws; $7,500,000 for the United States Anti-Doping
    Agency for anti-doping activities; $1,450,000 for the United States
    membership dues to the World Anti-Doping Agency; and $1,000,000 for
    evaluations and research related to National Drug Control Program
    performance measures: Provided, That such funds may be transferred to
    other Federal departments and agencies to carry out such activities:
    Provided further, That of the amounts appropriated for a national media
    campaign, not to exceed 10 percent shall be for administration,
    advertising production, research and testing, labor and related costs
    of the national media campaign.

                              Unanticipated Needs

        For expenses necessary to enable the President to meet
    unanticipated needs, in furtherance of the national interest, security,
    or defense which may arise at home or abroad during the current fiscal
    year, as authorized by 3 U.S.C. 108, $1,000,000.

                      Special Assistance to the President

                              Salaries and Expenses

        For necessary expenses to enable the Vice President to provide
    assistance to the President in connection with specially assigned
    functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
    including subsistence expenses as authorized by 3 U.S.C. 106, which
    shall be expended and accounted for as provided in that section; and
    hire of passenger motor vehicles, $4,571,000.

                    Official Residence of the Vice President

                                Operating Expenses

                          (including transfer of funds)

        For the care, operation, refurnishing, improvement, and to the
    extent not otherwise provided for, heating and lighting, including
    electric power and fixtures, of the official residence of the Vice
    President; the hire of passenger motor vehicles; and not to exceed
    $90,000 for official entertainment expenses of the Vice President, to
    be accounted for solely on his certificate, $333,000: Provided, That
    advances or repayments or transfers from this appropriation may be made
    to any department or agency for expenses of carrying out such
    activities.

                                    TITLE IV

                              INDEPENDENT AGENCIES

           Architectural and Transportation Barriers Compliance Board

                              Salaries and Expenses

        For expenses necessary for the Architectural and Transportation
    Barriers Compliance Board, as authorized by section 502 of the
    Rehabilitation Act of 1973, as amended, $5,686,000: Provided, That,
    notwithstanding any other provision of law, there may be credited to
    this appropriation funds received for publications and training
    expenses.

                         Election Assistance Commission

                              Salaries and Expenses

                          (including transfer of funds)

        For necessary expenses to carry out the Help America Vote Act of
    2002, $14,000,000, of which $2,800,000 shall be transferred to the
    National Institute of Standards and Technology for election reform
    activities authorized under the Help America Vote Act of 2002.

                          Federal Election Commission

                              Salaries and Expenses

        For necessary expenses to carry out the provisions of the Federal
    Election Campaign Act of 1971, as amended, $52,159,000, of which no
    less than $4,700,000 shall be available for internal automated data
    processing systems, and of which not to exceed $5,000 shall be
    available for reception and representation expenses.

                       Federal Labor Relations Authority

                              Salaries and Expenses

        For necessary expenses to carry out functions of the Federal Labor
    Relations Authority, pursuant to Reorganization Plan Numbered 2 of
    1978, and the Civil Service Reform Act of 1978, including services
    authorized by 5 U.S.C. 3109, and including hire of experts and
    consultants, hire of passenger motor vehicles, and rental of conference
    rooms in the District of Columbia and elsewhere, $25,673,000: Provided,
    That public members of the Federal Service Impasses Panel may be paid
    travel expenses and per diem in lieu of subsistence as authorized by
    law (5 U.S.C. 5703) for persons employed intermittently in the
    Government service, and compensation as authorized by 5 U.S.C. 3109:
    Provided further, That notwithstanding 31 U.S.C. 3302, funds received
    from fees charged to non-Federal participants at labor-management
    relations conferences shall be credited to and merged with this
    account, to be available without further appropriation for the costs of
    carrying out these conferences.

                                   (Rescission)

        Of the unobligated balances under this heading from prior year
    appropriations, $3,000,000 are rescinded.

                          Federal Maritime Commission

                              Salaries and Expenses

        For necessary expenses of the Federal Maritime Commission as
    authorized by section 201(d) of the Merchant Marine Act, 1936, as
    amended (46 U.S.C. App. 1111), including services as authorized by 5
    U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
    U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5
    U.S.C. 5901-5902, $19,496,000: Provided, That not to exceed $2,000
    shall be available for official reception and representation expenses.

                        General Services Administration

                             Real Property Activities

                              Federal Buildings Fund

                      limitations on availability of revenue

                          (including transfer of funds)

        To carry out the purposes of the Fund established pursuant to
    section 210(f) of the Federal Property and Administrative Services Act
    of 1949, as amended (40 U.S.C. 592), the revenues and collections
    deposited into the Fund shall be available for necessary expenses of
    real property management and related activities not otherwise provided
    for, including operation, maintenance, and protection of federally
    owned and leased buildings; rental of buildings in the District of
    Columbia; restoration of leased premises; moving governmental agencies
    (including space adjustments and telecommunications relocation
    expenses) in connection with the assignment, allocation and transfer of
    space; contractual services incident to cleaning or servicing
    buildings, and moving; repair and alteration of federally owned
    buildings including grounds, approaches and appurtenances; care and
    safeguarding of sites; maintenance, preservation, demolition, and
    equipment; acquisition of buildings and sites by purchase,
    condemnation, or as otherwise authorized by law; acquisition of options
    to purchase buildings and sites; conversion and extension of federally
    owned buildings; preliminary planning and design of projects by
    contract or otherwise; construction of new buildings (including
    equipment for such buildings); and payment of principal, interest, and
    any other obligations for public buildings acquired by installment
    purchase and purchase contract; in the aggregate amount of
    $7,217,043,000, of which: (1) $708,542,000 shall remain available until
    expended for construction (including funds for sites and expenses and
    associated design and construction services) of additional projects at
    the following locations:
        New Construction:
            California:
                Los Angeles, Federal Bureau of Investigation Facility,
            $14,054,000.
                Los Angeles, United States Courthouse, $314,385,000.
                San Diego, United States Courthouse, $3,068,000.
            District of Columbia:
                Southeast Federal Center Site Remediation, $2,650,000.
            Illinois:
                Chicago, 10 West Jackson Place (Purchase), $53,170,000.
            Maine:
                Calais, Border Station, $3,269,000.
                Madawaska, Border Station, $1,760,000.
            Maryland:
                Montgomery County, Food and Drug Administration
            Consolidation, $88,710,000.
            Minnesota:
                Warroad, Border Station, $1,837,000.
            New Mexico:
                Las Cruces, United States Courthouse, $60,000,000.
            New York:
                Alexandria Bay, Border Station, $8,884,000.
                Massena, Border Station, $15,000,000.
            North Dakota:
                Dunseith, Border Station, $2,301,000.
                Portal, Border Station, $22,351,000.
            Texas:
                El Paso, Paso Del Norte Border Station, $26,191,000.
                El Paso, United States Courthouse, $63,462,000.
                El Paso, Ysleta Border Station, $2,491,000.
            Vermont:
                Derby Line, Border Station, $3,190,000.
                Norton, Border Station, $580,000.
                Richford, Border Station, $589,000.
            Nonprospectus Construction, $10,000,000.
            Judgment Fund repayment, $10,000,000:
    Provided, That each of the foregoing limits of costs on new
    construction projects may be exceeded to the extent that savings are
    effected in other such projects, but not to exceed 10 percent of the
    amounts included in an approved prospectus, if required, unless advance
    approval is obtained from the Committees on Appropriations of a greater
    amount: Provided further, That all funds for direct construction
    projects shall expire on September 30, 2006, and remain in the Federal
    Buildings Fund except for funds for projects as to which funds for
    design or other funds have been obligated in whole or in part prior to
    such date; (2) $980,222,000 shall remain available until expended for
    repairs and alterations, which includes associated design and
    construction services:
        Repairs and Alterations:
            District of Columbia:
                Eisenhower Executive Office Building, $5,000,000.
                Federal Office Building 6, $8,267,000.
                Hoover FBI Building, $10,242,000.
                Mary E. Switzer Building, $80,335,000.
                New Executive Office Building, $6,262,000.
                Steam Distribution System, $2,000,000.
                Theodore Roosevelt Building, $9,730,000.
            Georgia:
                Atlanta, Martin Luther King, Jr. Federal Building,
            $14,800,000.
                Atlanta, United States Court of Appeals, $32,004,000.
            Hawaii:
                Hilo, Federal Building, $5,133,000.
            Louisiana:
                New Orleans, Boggs Federal Building, $22,581,000.
                New Orleans, Wisdom Courthouse of Appeals, $8,005,000.
            Maryland:
                Baltimore, George H. Fallon Federal Building, $46,163,000.
                Suitland, National Record Center, $7,989,000.
                Woodlawn, SSA Altmeyer Building, $6,300,000.
            Minnesota:
                St. Paul, Warren E. Burger Federal Building--Courthouse,
            $36,644,000.
            Missouri:
                Kansas City, Richard Bolling Federal Building, $40,048,000.
            New York:
                New York, Foley Square Courthouse, $2,505,000.
                Queens, Joseph P. Addabbo Federal Building, $5,455,000.
            Ohio:
                Cincinnati, Potter Stewart Courthouse, $37,975,000.
                Cleveland, Celebreeze Federal Building, $37,375,000.
            Washington:
                Seattle, William Nakamura Courthouse, $50,210,000.
            Special Emphasis Programs:
                Chlorofluorocarbons Program, $13,000,000.
                Energy Program, $30,000,000.
                Glass Fragment Retention, $20,000,000.
            Design Program, $48,699,000.
            Basic Repairs and Alterations, $393,500,000:
    Provided further, That funds made available in this or any previous Act
    in the Federal Buildings Fund for Repairs and Alterations shall, for
    prospectus projects, be limited to the amount identified for each
    project, except each project in this or any previous Act may be
    increased by an amount not to exceed 10 percent unless advance approval
    is obtained from the Committees on Appropriations of a greater amount:
    Provided further, That additional projects for which prospectuses have
    been fully approved may be funded under this category only if advance
    approval is obtained from the Committees on Appropriations: Provided
    further, That the amounts provided in this or any prior Act for
    ``Repairs and Alterations'' may be used to fund costs associated with
    implementing security improvements to buildings necessary to meet the
    minimum standards for security in accordance with current law and in
    compliance with the reprogramming guidelines of the appropriate
    Committees of the House and Senate: Provided further, That the
    difference between the funds appropriated and expended on any projects
    in this or any prior Act, under the heading ``Repairs and
    Alterations'', may be transferred to Basic Repairs and Alterations or
    used to fund authorized increases in prospectus projects: Provided
    further, That all funds for repairs and alterations prospectus projects
    shall expire on September 30, 2006, and remain in the Federal Buildings
    Fund except funds for projects as to which funds for design or other
    funds have been obligated in whole or in part prior to such date:
    Provided further, That the amount provided in this or any prior Act for
    Basic Repairs and Alterations may be used to pay claims against the
    Government arising from any projects under the heading ``Repairs and
    Alterations'' or used to fund authorized increases in prospectus
    projects; (3) $161,442,000 for installment acquisition payments
    including payments on purchase contracts which shall remain available
    until expended; (4) $3,657,315,000 for rental of space which shall
    remain available until expended; and (5) $1,709,522,000 for building
    operations which shall remain available until expended: Provided
    further, That funds available to the General Services Administration
    shall not be available for expenses of any construction, repair,
    alteration and acquisition project for which a prospectus, if required
    by the Public Buildings Act of 1959, as amended, has not been approved,
    except that necessary funds may be expended for each project for
    required expenses for the development of a proposed prospectus:
    Provided further, That funds available in the Federal Buildings Fund
    may be expended for emergency repairs when advance approval is obtained
    from the Committees on Appropriations: Provided further, That
    notwithstanding any other provision of law, the Administrator of
    General Services is authorized and directed to proceed with site
    acquisition, design, and subject to availability of funds, construction
    and management and inspection, of a new Federal Building in Tuscaloosa,
    Alabama for which funds for site acquisition and design were provided
    in Public Law 108-199: Provided further, That amounts necessary to
    provide reimbursable special services to other agencies under section
    210(f)(6) of the Federal Property and Administrative Services Act of
    1949, as amended (40 U.S.C. 592(b)(2)) and amounts to provide such
    reimbursable fencing, lighting, guard booths, and other facilities on
    private or other property not in Government ownership or control as may
    be appropriate to enable the United States Secret Service to perform
    its protective functions pursuant to 18 U.S.C. 3056, shall be available
    from such revenues and collections: Provided further, That revenues and
    collections and any other sums accruing to this Fund during fiscal year
    2005, excluding reimbursements under section 210(f)(6) of the Federal
    Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2))
    in excess of the aggregate new obligational authority authorized for
    Real Property Activities of the Federal Buildings Fund in this Act
    shall remain in the Fund and shall not be available for expenditure
    except as authorized in appropriations Acts.

                                General Activities

                              Government-wide Policy

        For expenses authorized by law, not otherwise provided for, for
    Government-wide policy and evaluation activities associated with the
    management of real and personal property assets and certain
    administrative services; Government-wide policy support
    responsibilities relating to acquisition, telecommunications,
    information technology management, and related technology activities;
    and services as authorized by 5 U.S.C. 3109, $62,100,000.

                                Operating Expenses

        For expenses authorized by law, not otherwise provided for, for
    Government-wide activities associated with utilization and donation of
    surplus personal property; disposal of real property; providing
    Internet access to Federal information and services; agency-wide policy
    direction and management, and Board of Contract Appeals; accounting,
    records management, and other support services incident to adjudication
    of Indian Tribal Claims by the United States Court of Federal Claims;
    services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
    official reception and representation expenses, $92,175,000.

                           office of inspector general

        For necessary expenses of the Office of Inspector General and
    services authorized by 5 U.S.C. 3109, $42,351,000: Provided, That not
    to exceed $15,000 shall be available for payment for information and
    detection of fraud against the Government, including payment for
    recovery of stolen Government property: Provided further, That not to
    exceed $2,500 shall be available for awards to employees of other
    Federal agencies and private citizens in recognition of efforts and
    initiatives resulting in enhanced Office of Inspector General
    effectiveness.

                            Electronic Government Fund

                          (including transfer of funds)

        For necessary expenses in support of interagency projects that
    enable the Federal Government to expand its ability to conduct
    activities electronically, through the development and implementation
    of innovative uses of the Internet and other electronic methods,
    $3,000,000, to remain available until expended: Provided, That these
    funds may be transferred to Federal agencies to carry out the purposes
    of the Fund: Provided further, That this transfer authority shall be in
    addition to any other transfer authority provided in this Act: Provided
    further, That such transfers may not be made until 10 days after a
    proposed spending plan and justification for each project to be
    undertaken has been submitted to the Committees on Appropriations.

                Allowances and Office Staff for Former Presidents

                          (including transfer of funds)

        For carrying out the provisions of the Act of August 25, 1958, as
    amended (3 U.S.C. 102 note), and Public Law 95-138, $3,106,000:
    Provided, That the Administrator of General Services shall transfer to
    the Secretary of the Treasury such sums as may be necessary to carry
    out the provisions of such Acts.

               General Provisions--General Services Administration

                          (including recission of funds)

        Sec. 401. The appropriate appropriation or fund available to the
    General Services Administration shall be credited with the cost of
    operation, protection, maintenance, upkeep, repair, and improvement,
    included as part of rentals received from Government corporations
    pursuant to law (40 U.S.C. 129).
        Sec. 402. Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
        Sec. 403. Funds in the Federal Buildings Fund made available for
    fiscal year 2005 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to
    meet program requirements: Provided, That any proposed transfers shall
    be approved in advance by the Committees on Appropriations.
        Sec. 404. No funds made available by this Act shall be used to
    transmit a fiscal year 2006 request for United States Courthouse
    construction that: (1) does not meet the design guide standards for
    construction as established and approved by the General Services
    Administration, the Judicial Conference of the United States, and the
    Office of Management and Budget; and (2) does not reflect the
    priorities of the Judicial Conference of the United States as set out
    in its approved 5-year construction plan: Provided, That the fiscal
    year 2006 request must be accompanied by a standardized courtroom
    utilization study of each facility to be constructed, replaced, or
    expanded.
        Sec. 405. None of the funds provided in this Act may be used to
    increase the amount of occupiable square feet, provide cleaning
    services, security enhancements, or any other service usually provided
    through the Federal Buildings Fund, to any agency that does not pay the
    rate per square foot assessment for space and services as determined by
    the General Services Administration in compliance with the Public
    Buildings Amendments Act of 1972 (Public Law 92-313).
        Sec. 406. From funds made available under the heading ``Federal
    Buildings Fund, Limitations on Availability of Revenue'', claims
    against the Government of less than $250,000 arising from direct
    construction projects and acquisition of buildings may be liquidated
    from savings effected in other construction projects with prior
    notification to the Committees on Appropriations.
        Sec. 407. Notwithstanding 40 U.S.C. 524, 571, and 572, the
    Administrator of General Services may sell the Middle River Depot at
    Middle River, Maryland, and credit the proceeds of such sale as
    offsetting collections to the Federal Buildings Fund, to be available,
    in addition to amounts otherwise appropriated for such Fund, for such
    capital activities of the Fund as the Administrator may deem
    appropriate: Provided, That the Administrator shall, to the maximum
    extent practicable, cooperate and consult with Baltimore County,
    Maryland officials and other interested persons in communities located
    near the Middle River Depot so that the sale and use of the property is
    compatible with local economic development plans and is not
    inconsistent with local land use, environmental and zoning laws.
        Sec. 408. Section 572(a)(2)(ii) of title 40, United States Code, is
    amended by inserting the following before the period: ``, highest and
    best use of property studies, utilization of property studies, deed
    compliance inspection, and the expenses incurred in a relocation''.
        Sec. 409. Of the amounts made available under the heading ``Federal
    Buildings Fund'' for New Construction and Repairs and Alterations in
    this or any prior Act, a total amount of $106,000,000 are rescinded:
    Provided, That the Administrator of General Services shall notify the
    Appropriations Committees of the House of Representatives and Senate of
    the specific projects, or parts thereof, from which funds have been
    rescinded within 30 days of enactment of this Act.
        Sec. 410. In order to address heightened security requirements for
    the proposed Moss United States Courthouse Annex project, the
    Administrator of General Services is authorized to acquire and demolish
    the real property, including land and improvements, located in Salt
    Lake City, Utah, at the corner of 400 South Street and West Temple,
    said land and improvements commonly known as the Shubrick Building; to
    use previously appropriated project funds to immediately initiate
    compliance procedures in accordance with the National Historic
    Preservation Act and the National Environmental Policy Act; and to
    redesign the proposed courthouse expansion to incorporate this new
    site.
        Sec. 411. Conveyance of Land to the Recreation and Park Commission
    for the Parish of East Baton Rouge, Louisiana. (a) Conveyance.--Not
    later than 60 days after the date of enactment of this Act, the
    Postmaster General of the United States Postal Service shall convey,
    for the consideration specified in subsection (b), the land described
    in subsection (d), including any improvements thereon, to the General
    Services Administration.
        (b) Purchase Price.--Upon the conveyance described in subsection
    (a), the Administrator of General Services shall pay the United States
    Postal Service a purchase price equaling the fair market value not to
    exceed $975,000, which price may be paid by cash or credited to the
    existing USPS/GSA property swap program.
        (c) Reconveyance.--Not later than 10 days after the conveyance
    described in subsection (a), the Administrator of General Services
    shall convey, without consideration by quitclaim deed and without
    recourse, the land described in subsection (d), including any
    improvements thereon, to the Recreation and Park Commission for the
    Parish of East Baton Rouge, Louisiana, for use as a downtown park or
    for other public purposes.
        (d) Description of Property.--The land referred to in subsections
    (a) and (c) is the property formerly used as the Main Postal Office
    Carrier Annex in Baton Rouge, Louisiana and located at 750 Florida
    Street. This land is situated north of Convention Street, south of
    Florida Street and west of 7th Street. This land comprises
    approximately 27,500 square feet and is improved by a one-story
    building.
        Sec. 412. Notwithstanding any other provision of law, the
    Administrator of General Services may convey, by sale, lease, exchange
    or otherwise, including through leaseback arrangements, real and
    related personal property, or interests therein, and retain the net
    proceeds of such dispositions in an account within the Federal
    Buildings Fund to be used for the General Services Administration's
    real property capital needs: Provided, That all net proceeds realized
    under this section shall only be expended as authorized in annual
    appropriations Acts: Provided further, That for the purposes of this
    section, the term ``net proceeds'' means the rental and other sums
    received less the costs of the disposition, and the term ``real
    property capital needs'' means any expenses necessary and incident to
    the agency's real property capital acquisitions, improvements, and
    dispositions.
        Sec. 413. Land Conveyance, Nahant, Massachusetts. (a) Conveyance
    Authorized.--Notwithstanding any other provision of law, the
    Administrator of General Services may sell all right, title, and
    interest of the United States in and to a parcel of real property,
    including improvements thereon, that is located at Castle Road, Gardner
    Road and Goddard Drive in Nahant, Massachusetts to the Town of Nahant.
    In the event a binding sales contract is not executed within 30 days of
    enactment the Administrator shall commence with a public, competitive
    sale of the property.
        (b) Consideration.--As consideration for conveyance under
    subsection (a), the Town of Nahant shall pay, in a single lump sum
    payment, $2,000,000.
        (c) Deposit of Funds.--Notwithstanding any other provision of law,
    the Administrator may deposit the net proceeds in the Real Property
    Relocation account of the General Services Administration. In the event
    proceeds exceed $2,000,000, the net amount in excess of $2,000,000
    shall be deposited in the United States Coast Guard Housing Fund
    established under 14 U.S.C. 687.
        (d) Description of Property.--The exact acreage and legal
    description of the real property to be conveyed under subsection (a)
    shall be determined by a survey satisfactory to the Administrator. The
    cost of the survey shall be borne by the purchaser.
        (e) Additional Terms and Conditions.--The Administrator may require
    such additional terms and conditions in connection with the conveyance
    under subsection (a) as the Administrator considers appropriate to
    protect the interests of the United States.
        Sec. 414. None of the funds appropriated by this Act or any other
    Act may be used after July 1, 2005 for the provision of any
    telecommunications service for any Federal Government owned building,
    unless such building is in compliance with a regulation or Executive
    order issued after the date of enactment of this section that requires,
    to the extent deemed appropriate by the President or his designee, the
    provision of telecommunications services using redundant and physically
    separate entry points to those buildings, and the use of physically
    diverse local network facilities for the provision of such
    telecommunications services.

                         Merit Systems Protection Board

                              Salaries and Expenses

                          (including transfer of funds)

        For necessary expenses to carry out functions of the Merit Systems
    Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and
    the Civil Service Reform Act of 1978, including services as authorized
    by 5 U.S.C. 3109, rental of conference rooms in the District of
    Columbia and elsewhere, hire of passenger motor vehicles, and direct
    procurement of survey printing, $34,677,000 together with not to exceed
    $2,626,000 for administrative expenses to adjudicate retirement appeals
    to be transferred from the Civil Service Retirement and Disability Fund
    in amounts determined by the Merit Systems Protection Board.

     Morris K. Udall Scholarship and Excellence in National Environmental
                               Policy Foundation

      Morris K. Udall Scholarship and Excellence in National Environmental
                               Policy Trust Fund

                          (including transfer of funds)

        For payment to the Morris K. Udall Scholarship and Excellence in
    National Environmental Policy Trust Fund, pursuant to the Morris K.
    Udall Scholarship and Excellence in National Environmental and Native
    American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.),
    $1,996,000, to remain available until expended, of which up to $50,000
    shall be used to conduct financial audits pursuant to the
    Accountability of Tax Dollars Act of 2002 (Public Law 107-289)
    notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That
    up to 60 percent of such funds may be transferred by the Morris K.
    Udall Scholarship and Excellence in National Environmental Policy
    Foundation for the necessary expenses of the Native Nations Institute.

                      Environmental Dispute Resolution Fund

        For payment to the Environmental Dispute Resolution Fund to carry
    out activities authorized in the Environmental Policy and Conflict
    Resolution Act of 1998, $1,309,000, to remain available until expended.

                  National Archives and Records Administration

                                Operating Expenses

        For necessary expenses in connection with the administration of the
    National Archives and Records Administration (including the Information
    Security Oversight Office) and archived Federal records and related
    activities, as provided by law, and for expenses necessary for the
    review and declassification of documents, and for the hire of passenger
    motor vehicles, $266,945,000: Provided, That the Archivist of the
    United States is authorized to use any excess funds available from the
    amount borrowed for construction of the National Archives facility, for
    expenses necessary to provide adequate storage for holdings.

                           Electronic Records Archives

        For necessary expenses in connection with the development of the
    electronic records archives, to include all direct project costs
    associated with research, analysis, design, development, and program
    management, $35,914,000.

                             Repairs and Restoration

        For the repair, alteration, and improvement of archives facilities,
    and to provide adequate storage for holdings, $13,432,000, to remain
    available until expended, of which $3,000,000 is for site preparation
    and construction management to construct a new regional archives and
    records facility in Anchorage, Alaska, and of which $2,000,000 is for
    the repair and restoration of the plaza that surrounds the Lyndon
    Baines Johnson Presidential Library that is under the joint control and
    custody of the University of Texas: Provided, That such funds may be
    transferred directly to the University and used, together with
    University funds, for repair and restoration of the plaza and remain
    available until expended for this purpose.

            National Historical Publications and Records Commission

                                  grants program

        For necessary expenses for allocations and grants for historical
    publications and records as authorized by 44 U.S.C. 2504, as amended,
    $5,000,000, to remain available until expended.

                      National Transportation Safety Board

                              Salaries and Expenses

        For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for a GS-15; uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
    $76,700,000, of which not to exceed $2,000 may be used for official
    reception and representation expenses.

                                   (Rescission)

        Of the available unobligated balances made available under Public
    Law 106-246, $8,000,000 are rescinded.

                          Office of Government Ethics

                              Salaries and Expenses

        For necessary expenses to carry out functions of the Office of
    Government Ethics pursuant to the Ethics in Government Act of 1978, as
    amended and the Ethics Reform Act of 1989, including services as
    authorized by 5 U.S.C. 3109, rental of conference rooms in the District
    of Columbia and elsewhere, hire of passenger motor vehicles, and not to
    exceed $1,500 for official reception and representation expenses,
    $11,238,000.

                         Office of Personnel Management

                              Salaries and Expenses

                       (including transfer of trust funds)

        For necessary expenses to carry out functions of the Office of
    Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
    and the Civil Service Reform Act of 1978, including services as
    authorized by 5 U.S.C. 3109; medical examinations performed for
    veterans by private physicians on a fee basis; rental of conference
    rooms in the District of Columbia and elsewhere; hire of passenger
    motor vehicles; not to exceed $2,500 for official reception and
    representation expenses; advances for reimbursements to applicable
    funds of the Office of Personnel Management and the Federal Bureau of
    Investigation for expenses incurred under Executive Order No. 10422 of
    January 9, 1953, as amended; and payment of per diem and/or subsistence
    allowances to employees where Voting Rights Act activities require an
    employee to remain overnight at his or her post of duty, $125,500,000,
    of which $12,000,000 shall remain available until September 30, 2007;
    and in addition $128,462,000 for administrative expenses, to be
    transferred from the appropriate trust funds of the Office of Personnel
    Management without regard to other statutes, including direct
    procurement of printed materials, for the retirement and insurance
    programs, of which $27,640,000 shall remain available until expended
    for the cost of automating the retirement recordkeeping systems:
    Provided, That the provisions of this appropriation shall not affect
    the authority to use applicable trust funds as provided by sections
    8348(a)(1)(B), and 9004(f)(1)(A) and (2)(A) of title 5, United States
    Code: Provided further, That no part of this appropriation shall be
    available for salaries and expenses of the Legal Examining Unit of the
    Office of Personnel Management established pursuant to Executive Order
    No. 9358 of July 1, 1943, or any successor unit of like purpose:
    Provided further, That the President's Commission on White House
    Fellows, established by Executive Order No. 11183 of October 3, 1964,
    may, during fiscal year 2005, accept donations of money, property, and
    personal services: Provided further, That such donations, including
    those from prior years, may be used for the development of publicity
    materials to provide information about the White House Fellows, except
    that no such donations shall be accepted for travel or reimbursement of
    travel expenses, or for the salaries of employees of such Commission.

                           Office of Inspector General

                              salaries and expenses

                       (including transfer of trust funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act, as amended,
    including services as authorized by 5 U.S.C. 3109, hire of passenger
    motor vehicles, $1,627,000, and in addition, not to exceed $16,461,000
    for administrative expenses to audit, investigate, and provide other
    oversight of the Office of Personnel Management's retirement and
    insurance programs, to be transferred from the appropriate trust funds
    of the Office of Personnel Management, as determined by the Inspector
    General: Provided, That the Inspector General is authorized to rent
    conference rooms in the District of Columbia and elsewhere.

           Government Payment for Annuitants, Employees Health Benefits

        For payment of Government contributions with respect to retired
    employees, as authorized by chapter 89 of title 5, United States Code,
    and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
    as amended, such sums as may be necessary.

            Government Payment for Annuitants, Employee Life Insurance

        For payment of Government contributions with respect to employees
    retiring after December 31, 1989, as required by chapter 87 of title 5,
    United States Code, such sums as may be necessary.

             Payment to Civil Service Retirement and Disability Fund

        For financing the unfunded liability of new and increased annuity
    benefits becoming effective on or after October 20, 1969, as authorized
    by 5 U.S.C. 8348, and annuities under special Acts to be credited to
    the Civil Service Retirement and Disability Fund, such sums as may be
    necessary: Provided, That annuities authorized by the Act of May 29,
    1944, as amended, and the Act of August 19, 1950, as amended (33 U.S.C.
    771-775), may hereafter be paid out of the Civil Service Retirement and
    Disability Fund.

                           Office of Special Counsel

                              Salaries and Expenses

        For necessary expenses to carry out functions of the Office of
    Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
    Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the
    Whistleblower Protection Act of 1989 (Public Law 101-12), as amended,
    Public Law 103-424, and the Uniformed Services Employment and
    Reemployment Act of 1994 (Public Law 103-353), including services as
    authorized by 5 U.S.C. 3109, payment of fees and expenses for
    witnesses, rental of conference rooms in the District of Columbia and
    elsewhere, and hire of passenger motor vehicles; $15,449,000.

                          United States Postal Service

                        Payment to the Postal Service Fund

        For payment to the Postal Service Fund for revenue forgone on free
    and reduced rate mail, pursuant to subsections (c) and (d) of section
    2401 of title 39, United States Code, $90,709,000, of which $61,709,000
    shall not be available for obligation until October 1, 2005: Provided,
    That mail for overseas voting and mail for the blind shall continue to
    be free: Provided further, That 6-day delivery and rural delivery of
    mail shall continue at not less than the 1983 level: Provided further,
    That none of the funds made available to the Postal Service by this Act
    shall be used to implement any rule, regulation, or policy of charging
    any officer or employee of any State or local child support enforcement
    agency, or any individual participating in a State or local program of
    child support enforcement, a fee for information requested or provided
    concerning an address of a postal customer: Provided further, That none
    of the funds provided in this Act shall be used to consolidate or close
    small rural and other small post offices in fiscal year 2005.

                              EMERGENCY PREPAREDNESS

        For an additional amount for ``Payment to the Postal Service Fund''
    for emergency expenses to enable the Postal Service to protect postal
    employees and postal customers from exposure to hazardous materials in
    the mail, $507,000,000, to remain available until expended: Provided,
    That the Postal Service shall submit a spending plan for funds under
    this heading to the Office of Management and Budget and the House and
    Senate Committees on Appropriations: Provided further, That the
    Government Accountability Office shall review the spending plan and
    capabilities of the systems to detect hazardous materials: Provided
    further, That $7,000,000 is for the mail irradiation facility in
    Washington, D.C.: Provided further, That the $7,000,000 specified for
    the mail irradiation facility is designated as an emergency requirement
    pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
    applicable to the House of Representatives by H. Res. 649 (108th
    Congress) and applicable to the Senate by section 14007 of Public Law
    108-287.

                            United States Tax Court

                              Salaries and Expenses

        For necessary expenses, including contract reporting and other
    services as authorized by 5 U.S.C. 3109, $41,180,000: Provided, That
    travel expenses of the judges shall be paid upon the written
    certificate of the judge.

                                    TITLE V

                               GENERAL PROVISIONS

                                    This Act

                          (Including Transfers of Funds)

        Sec. 501. Such sums as may be necessary for fiscal year 2005 pay
    raises for programs funded in this Act shall be absorbed within the
    levels appropriated in this Act or previous appropriations Acts.
        Sec. 502. None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 503. None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 504. The expenditure of any appropriation under this Act for
    any consulting service through procurement contract pursuant to section
    3109 of title 5, United States Code, shall be limited to those
    contracts where such expenditures are a matter of public record and
    available for public inspection, except where otherwise provided under
    existing law, or under existing Executive order issued pursuant to
    existing law.
        Sec. 505. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 506. None of the funds made available by this Act shall be
    available for any activity or for paying the salary of any Government
    employee where funding an activity or paying a salary to a Government
    employee would result in a decision, determination, rule, regulation,
    or policy that would prohibit the enforcement of section 307 of the
    Tariff Act of 1930.
        Sec. 507. No part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his period of active military or naval service, and has
    within 90 days after his release from such service or from
    hospitalization continuing after discharge for a period of not more
    than 1 year, made application for restoration to his former position
    and has been certified by the Office of Personnel Management as still
    qualified to perform the duties of his former position and has not been
    restored thereto.
        Sec. 508. No funds appropriated pursuant to this Act may be
    expended by an entity unless the entity agrees that in expending the
    assistance the entity will comply with sections 2 through 4 of the Act
    of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
    America Act'').
        Sec. 509. No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        Sec. 510. None of the funds provided in this Act, provided by
    previous appropriations Acts to the agencies or entities funded in this
    Act that remain available for obligation or expenditure in fiscal year
    2005, or provided from any accounts in the Treasury derived by the
    collection of fees and available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a
    reprogramming of funds that: (1) creates a new program; (2) eliminates
    a program, project, or activity; (3) increases funds or personnel for
    any program, project, or activity for which funds have been denied or
    restricted by the Congress; (4) proposes to use funds directed for a
    specific activity by either the House or Senate Committees on
    Appropriations for a different purpose; (5) augments existing programs,
    projects, or activities in excess of $5,000,000 or 10 percent,
    whichever is less; (6) reduces existing programs, projects, or
    activities by $5,000,000 or 10 percent, whichever is less; or (7)
    creates, reorganizes, or restructures a branch, division, office,
    bureau, board, commission, agency, administration, or department
    different from the budget justifications submitted to the Committees on
    Appropriations or the table accompanying the statement of the managers
    accompanying this Act, whichever is more detailed, unless prior
    approval is received from the House and Senate Committees on
    Appropriations: Provided, That not later than 60 days after the date of
    enactment of this Act, each agency funded by this Act shall submit a
    report to the Committee on Appropriations of the Senate and of the
    House of Representatives to establish the baseline for application of
    reprogramming and transfer authorities for the current fiscal year:
    Provided further, That the report shall include: (1) a table for each
    appropriation with a separate column to display the President's budget
    request, adjustments made by Congress, adjustments due to enacted
    rescissions, if appropriate, and the fiscal year enacted level; (2) a
    delineation in the table for each appropriation both by object class
    and program, project, and activity as detailed in the budget appendix
    for the respective appropriation; and (3) an identification of items of
    special congressional interest: Provided further, That the amount
    appropriated or limited for salaries and expenses for an agency shall
    be reduced by $100,000 per day for each day after the required date
    that the report has not been submitted to the Congress.
        Sec. 511. Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the
    end of fiscal year 2005 from appropriations made available for salaries
    and expenses for fiscal year 2005 in this Act, shall remain available
    through September 30, 2006, for each such account for the purposes
    authorized: Provided, That a request shall be submitted to the
    Committees on Appropriations for approval prior to the expenditure of
    such funds: Provided further, That these requests shall be made in
    compliance with reprogramming guidelines.
        Sec. 512. None of the funds made available in this Act may be used
    by the Executive Office of the President to request from the Federal
    Bureau of Investigation any official background investigation report on
    any individual, except when--
            (1) such individual has given his or her express written
        consent for such request not more than 6 months prior to the date
        of such request and during the same presidential administration; or
            (2) such request is required due to extraordinary circumstances
        involving national security.
        Sec. 513. The cost accounting standards promulgated under section
    26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
    41 U.S.C. 422) shall not apply with respect to a contract under the
    Federal Employees Health Benefits Program established under chapter 89
    of title 5, United States Code.
        Sec. 514. For the purpose of resolving litigation and implementing
    any settlement agreements regarding the nonforeign area cost-of-living
    allowance program, the Office of Personnel Management may accept and
    utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations Act) funds made available to the
    Office pursuant to court approval.
        Sec. 515. No funds appropriated by this Act shall be available to
    pay for an abortion, or the administrative expenses in connection with
    any health plan under the Federal employees health benefits program
    which provides any benefits or coverage for abortions.
        Sec. 516. The provision of section 515 shall not apply where the
    life of the mother would be endangered if the fetus were carried to
    term, or the pregnancy is the result of an act of rape or incest.
        Sec. 517. In order to promote Government access to commercial
    information technology, the restriction on purchasing nondomestic
    articles, materials, and supplies set forth in the Buy American Act (41
    U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
    Government of information technology (as defined in section 11101 of
    title 40, United States Code, that is a commercial item (as defined in
    section 4(12) of the Office of Federal Procurement Policy Act (41
    U.S.C. 403(12)).
        Sec. 518. Public Law 108-199 is amended in division H, section 161,
    by inserting ``and all Federal agencies'' after ``Office of Management
    and Budget''.
        Sec. 519. None of the funds made available in the Act may be used
    to finalize, implement, administer, or enforce--
            (1) the proposed rule relating to the determination that real
        estate brokerage is an activity that is financial in nature or
        incidental to a financial activity published in the Federal
        Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
            (2) the revision proposed in such rule to section 1501.2 of
        title 12 of the Code of Federal Regulations.
        Sec. 520. Treatment of the Tennessee Valley Authority. The
    Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended--
            (1) in section 3(a)(42)(B) (15 U.S.C. 78c(a)(42)(B)), by
        inserting ``by the Tennessee Valley Authority or'' after ``issued
        or guaranteed''; and
            (2) by adding at the end the following new section:

    ``SEC. 37. TENNESSEE VALLEY AUTHORITY.

        ``(a) In General.--Commencing with the issuance by the Tennessee
    Valley Authority of an annual report on Commission Form 10-K (or any
    successor thereto) for fiscal year 2006 and thereafter, the Tennessee
    Valley Authority shall file with the Commission, in accordance with
    such rules and regulations as the Commission has prescribed or may
    prescribe, such periodic, current, and supplementary information,
    documents, and reports as would be required pursuant to section 13 if
    the Tennessee Valley Authority were an issuer of a security registered
    pursuant to section 12. Notwithstanding the preceding sentence, the
    Tennessee Valley Authority shall not be required to register any
    securities under this title, and shall not be deemed to have registered
    any securities under this title.
        ``(b) Limited Treatment as Issuer.--Commencing with the issuance by
    the Tennessee Valley Authority of an annual report on Commission Form
    10-K (or any successor thereto) for fiscal year 2006 and thereafter,
    the Tennessee Valley Authority shall be deemed to be an issuer for
    purposes of section 10A, other than for subsection (m)(1) or (m)(3) of
    section 10A. The Tennessee Valley Authority shall not be required by
    this subsection to comply with the rules issued by any national
    securities exchange or national securities association in response to
    rules issued by the Commission pursuant to section 10A(m)(1).
        ``(c) No Effect on TVA Authority.--Nothing in this section shall be
    construed to diminish, impair, or otherwise affect the authority of the
    Board of Directors of the Tennessee Valley Authority to carry out its
    statutory functions under the Tennessee Valley Authority Act of
    1933.''.
        Sec. 521. Section 307 of the Denali Commission Act of 1998 (42
    U.S.C. 3121 note) is amended by adding at the end the following new
    subsection:
        ``(e) Docks, Waterfront Transportation Development, and Related
    Infrastructure Projects.--The Secretary of Transportation is authorized
    to make direct lump sum payments to the Commission to construct docks,
    waterfront development projects, and related transportation
    infrastructure, provided the local community provides a ten percent
    non-Federal match in the form of any necessary land or planning and
    design funds. To carry out this section, there is authorized to be
    appropriated such sums as may be necessary.''.
        Sec. 522. (a) Privacy Officer.--Each agency shall have a Chief
    Privacy Officer to assume primary responsibility for privacy and data
    protection policy, including--
            (1) assuring that the use of technologies sustain, and do not
        erode, privacy protections relating to the use, collection, and
        disclosure of information in an identifiable form;
            (2) assuring that technologies used to collect, use, store, and
        disclose information in identifiable form allow for continuous
        auditing of compliance with stated privacy policies and practices
        governing the collection, use and distribution of information in
        the operation of the program;
            (3) assuring that personal information contained in Privacy Act
        systems of records is handled in full compliance with fair
        information practices as defined in the Privacy Act of 1974;
            (4) evaluating legislative and regulatory proposals involving
        collection, use, and disclosure of personal information by the
        Federal Government;
            (5) conducting a privacy impact assessment of proposed rules of
        the Department on the privacy of information in an identifiable
        form, including the type of personally identifiable information
        collected and the number of people affected;
            (6) preparing a report to Congress on an annual basis on
        activities of the Department that affect privacy, including
        complaints of privacy violations, implementation of section 552a of
        title 5, 11 United States Code, internal controls, and other
        relevant matters;
            (7) ensuring that the Department protects information in an
        identifiable form and information systems from unauthorized access,
        use, disclosure, disruption, modification, or destruction;
            (8) training and educating employees on privacy and data
        protection policies to promote awareness of and compliance with
        established privacy and data protection policies; and
            (9) ensuring compliance with the Departments established
        privacy and data protection policies.
        (b) Establishing Privacy and Data Protection Procedures and
    Policies.--
            (1) In general.--Within 12 months of enactment of this Act,
        each agency shall establish and implement comprehensive privacy and
        data protection procedures governing the agency's collection, use,
        sharing, disclosure, transfer, storage and security of information
        in an identifiable form relating to the agency employees and the
        public. Such procedures shall be consistent with legal and
        regulatory guidance, including OMB regulations, the Privacy Act of
        1974, and section 208 of the E-Government Act of 2002.
        (c) Recording.--Each agency shall prepare a written report of its
    use of information in an identifiable form, along with its privacy and
    data protection policies and procedures and record it with the
    Inspector General of the agency to serve as a benchmark for the agency.
    Each report shall be signed by the agency privacy officer to verify
    that the agency intends to comply with the procedures in the report. By
    signing the report the privacy officer also verifies that the agency is
    only using information in identifiable form as detailed in the report.
        (d) Independent, Third-Party Review.--
            (1) In general.--At least every 2 years, each agency shall have
        performed an independent, third party review of the use of
        information in identifiable form as the privacy and data protection
        procedures of the agency to--
                (A) determine the accuracy of the description of the use of
            information in identifiable form;
                (B) determine the effectiveness of the privacy and data
            protection procedures;
                (C) ensure compliance with the stated privacy and data
            protection policies of the agency and applicable laws and
            regulations; and
                (D) ensure that all technologies used to collect, use,
            store, and disclose information in identifiable form allow for
            continuous auditing of compliance with stated privacy policies
            and practices governing the collection, use and distribution of
            information in the operation of the program.
            (2) Purposes.--The purposes of reviews under this subsection
        are to--
                (A) ensure the agency's description of the use of
            information in an identifiable form is accurate and accounts
            for the agency's current technology and its processing of
            information in an identifiable form;
                (B) measure actual privacy and data protection practices
            against the agency's recorded privacy and data protection
            procedures;
                (C) ensure compliance and consistency with both online and
            offline stated privacy and data protection policies; and
                (D) provide agencies with ongoing awareness and
            recommendations regarding privacy and data protection
            procedures.
            (3) Requirements of review.--The Inspector General of each
        agency shall contract with an independent, third party that is a
        recognized leader in privacy consulting, privacy technology, data
        collection and data use management, and global privacy issues, to--
                (A) evaluate the agency's use of information in
            identifiable form;
                (B) evaluate the privacy and data protection procedures of
            the agency; and
                (C) recommend strategies and specific steps to improve
            privacy and data protection management.
            (4) Content.--Each review under this subsection shall include--
                (A) a review of the agency's technology, practices and
            procedures with regard to the collection, use, sharing,
            disclosure, transfer and storage of information in identifiable
            form;
                (B) a review of the agency's stated privacy and data
            protection procedures with regard to the collection, use,
            sharing, disclosure, transfer, and security of personal
            information in identifiable form relating to agency employees
            and the public;
                (C) a detailed analysis of agency intranet, network and
            Websites for privacy vulnerabilities, including--
                    (i) noncompliance with stated practices, procedures and
                policies; and
                    (ii) risks for inadvertent release of information in an
                identifiable form from the website of the agency; and
                (D) a review of agency compliance with this Act.
        (e) Report.--
            (1) In general.--Upon completion of a review, the Inspector
        General of an agency shall submit to the head of that agency a
        detailed report on the review, including recommendations for
        improvements or enhancements to management of information in
        identifiable form, and the privacy and data protection procedures
        of the agency.
            (2) Internet availability.--Each agency shall make each
        independent third party review, and each report of the Inspector
        General relating to that review available to the public.
        (f) Definition.--In this section, the definition of ``identifiable
    form'' is consistent with Public Law 107-347, the E-Government Act of
    2002, and means any representation of information that permits the
    identity of an individual to whom the information applies to be
    reasonably inferred by either direct or indirect means.
        Sec. 523. None of the funds made available under this Act may be
    obligated or expended to establish or implement a pilot program under
    which not more than 10 designated essential air service communities
    located in proximity to hub airports are required to assume 10 percent
    of their essential air subsidy costs for a 4-year period commonly
    referred to as the EAS local participation program.
        Sec. 524. None of the funds made available in this Act may be used
    by the Council of Economic Advisers to produce an Economic Report of
    the President regarding the inclusion of employment at a retail fast
    food restaurant as part of the definition of manufacturing employment.
        Sec. 525. Section 302(e)(3)(B) of the Federal Election Campaign Act
    of 1971 (2 U.S.C. 432(e)(3)(B)) is amended by striking ``$1,000'' and
    inserting in its place ``$2,000''.
        Sec. 526. The Former Presidents Act, 3 U.S.C. 102, note, is amended
    to add the following at the end of section 1(b): ``Amounts provided for
    `Allowances and Office Staff for Former Presidents' may be used to pay
    fees of an independent contractor who is not a member of the staff of
    the office of a former President for the review of Presidential records
    of a former President in connection with the transfer of such records
    to the National Archives and Records Administration or a Presidential
    Library without regard to the limitation on staff compensation set
    forth herein.''.
        Sec. 527. Of funds so made available in Items 18 and 19 of the
    table contained in section 3031 of Public Law 105-178, $5,000,000 shall
    be available for the Buffalo, New York Inner Harbor Redevelopment
    Project; of funds made available in Public Law 104-50 for Crossroads
    Intermodal Station, New York, $1,000,000 shall be available for the
    Buffalo Inner Harbor Redevelopment Project; of the funds made available
    in Public Law 104-205 for Crossroads Intermodal Station, New York,
    $1,000,000 shall be available for the Buffalo, New York Inner Harbor
    Redevelopment Project; of funds made available in Public Law 106-346
    for Buffalo, New York Intermodal facility, $500,000 shall be available
    for the Buffalo, New York Inner Harbor Redevelopment Project; of funds
    made available in Public Law 108-7 for Buffalo Intermodal
    Transportation Center, $5,000,000 shall be available for the Buffalo,
    New York Inner Harbor Redevelopment Project.
        Sec. 528. Funds in this Act that are apportioned to the Charleston
    Area Regional Transportation Authority to carry out section 5307 of
    title 49, United States Code, may be used to acquire land, equipment,
    or facilities used in public transportation from another governmental
    authority in the same geographic area: Provided, That the non-Federal
    share under section 5307 may include revenues from the sale of
    advertising and concessions.
        Sec. 529. To the extent that funds remain available within the
    current budget for the project, the Secretary shall amend the Full
    Funding Grant Agreement for the Tri-Met Interstate light rail extension
    in Portland, Oregon, to allow acquisition of up to a total of twenty-
    four light rail vehicles.
        Sec. 530. Section 1023(h) of the Intermodal Surface Transportation
    Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102-240 as
    amended by section 347 of Public Law 108-7) is amended in paragraph (1)
    by striking ``October 1, 2003'' and inserting ``October 1, 2005''.
        Sec. 531. Unobligated funds in an amount not to exceed $4,500,000
    that were designated to the North Country County Consortium, New York
    project in the conference report accompanying Public Law 108-99 under
    the Job Access and Reverse Commute Account shall be transferred to and
    administered under the bus category of the Capital Investment Grants
    Account and available for North Country Bus and Bus Related Equipment.
        Sec. 532. Section 312a(a) of the Federal Election Campaign Act of
    1971 (2 U.S.C. 439a(a)) is amended--
            (1) by striking the ``or'' at the end of paragraph (a)(3);
            (2) by striking the period, and adding a semi-colon at the end
        of paragraph (a)(4);
            (3) by adding a new paragraph (a)(5) to read as follows: ``(5)
        for donations to State and local candidates subject to the
        provisions of State law; or''; and
            (4) by adding a new paragraph (a)(6) to read as follows: ``(6)
        for any other lawful purpose unless prohibited by subsection (b) of
        this section.''.
        Sec. 533. From funds made available in this Act under the headings
    ``White House Office'', ``Executive Residence at the White House'',
    ``White House Repair and Restoration'', ``Council of Economic
    Advisors'', ``Office of Policy Development'', ``National Security
    Council'', ``Office of Administration'', ``Office of Management and
    Budget'', ``Office of National Drug Control Policy'', ``Special
    Assistance to the President'', and ``Official Residence of the Vice
    President'', the Director of the Office of Management and Budget (or
    such other officer as the President may designate in writing), may,
    fifteen days after giving notice to the House and Senate Committees on
    Appropriations, transfer not to exceed 10 percent of any such
    appropriation to any other such appropriation, to be merged with and
    available for the same time and for the same purposes as the
    appropriation to which transferred: Provided, That the amount of an
    appropriation shall not be increased by more than 50 percent by such
    transfers: Provided further, That no amount shall be transferred from
    ``Special Assistance to the President'' or ``Official Residence of the
    Vice President'' without the approval of the Vice President.

                                    TITLE VI

                               GENERAL PROVISIONS

                    Departments, Agencies, and Corporations

        Sec. 601. Funds appropriated in this or any other Act may be used
    to pay travel to the United States for the immediate family of
    employees serving abroad in cases of death or life threatening illness
    of said employee.
        Sec. 602. No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for
    fiscal year 2005 shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in place, and will continue
    to administer in good faith, a written policy designed to ensure that
    all of its workplaces are free from the illegal use, possession, or
    distribution of controlled substances (as defined in the Controlled
    Substances Act) by the officers and employees of such department,
    agency, or instrumentality.
        Sec. 603. Unless otherwise specifically provided, the maximum
    amount allowable during the current fiscal year in accordance with
    section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
    purchase of any passenger motor vehicle (exclusive of buses,
    ambulances, law enforcement, and undercover surveillance vehicles), is
    hereby fixed at $8,100 except station wagons for which the maximum
    shall be $9,100: Provided, That these limits may be exceeded by not to
    exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
    special heavy-duty vehicles: Provided further, That the limits set
    forth in this section may not be exceeded by more than 5 percent for
    electric or hybrid vehicles purchased for demonstration under the
    provisions of the Electric and Hybrid Vehicle Research, Development,
    and Demonstration Act of 1976: Provided further, That the limits set
    forth in this section may be exceeded by the incremental cost of clean
    alternative fuels vehicles acquired pursuant to Public Law 101-549 over
    the cost of comparable conventionally fueled vehicles.
        Sec. 604. Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 605. Unless otherwise specified during the current fiscal
    year, no part of any appropriation contained in this or any other Act
    shall be used to pay the compensation of any officer or employee of the
    Government of the United States (including any agency the majority of
    the stock of which is owned by the Government of the United States)
    whose post of duty is in the continental United States unless such
    person: (1) is a citizen of the United States; (2) is a person in the
    service of the United States on the date of the enactment of this Act
    who, being eligible for citizenship, has filed a declaration of
    intention to become a citizen of the United States prior to such date
    and is actually residing in the United States; (3) is a person who owes
    allegiance to the United States; (4) is an alien from Cuba, Poland,
    South Vietnam, the countries of the former Soviet Union, or the Baltic
    countries lawfully admitted to the United States for permanent
    residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
    paroled in the United States after January 1, 1975; or (6) is a
    national of the People's Republic of China who qualifies for adjustment
    of status pursuant to the Chinese Student Protection Act of 1992:
    Provided, That for the purpose of this section, an affidavit signed by
    any such person shall be considered prima facie evidence that the
    requirements of this section with respect to his or her status have
    been complied with: Provided further, That any person making a false
    affidavit shall be guilty of a felony, and, upon conviction, shall be
    fined no more than $4,000 or imprisoned for not more than 1 year, or
    both: Provided further, That the above penal clause shall be in
    addition to, and not in substitution for, any other provisions of
    existing law: Provided further, That any payment made to any officer or
    employee contrary to the provisions of this section shall be
    recoverable in action by the Federal Government. This section shall not
    apply to citizens of Ireland, Israel, or the Republic of the
    Philippines, or to nationals of those countries allied with the United
    States in a current defense effort, or to international broadcasters
    employed by the United States Information Agency, or to temporary
    employment of translators, or to temporary employment in the field
    service (not to exceed 60 days) as a result of emergencies.
        Sec. 606. Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 749), the
    Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable
    law.
        Sec. 607. In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
            (1) Acquisition, waste reduction and prevention, and recycling
        programs as described in Executive Order No. 13101 (September 14,
        1998), including any such programs adopted prior to the effective
        date of the Executive order.
            (2) Other Federal agency environmental management programs,
        including, but not limited to, the development and implementation
        of hazardous waste management and pollution prevention programs.
            (3) Other employee programs as authorized by law or as deemed
        appropriate by the head of the Federal agency.
        Sec. 608. Funds made available by this or any other Act for
    administrative expenses in the current fiscal year of the corporations
    and agencies subject to chapter 91 of title 31, United States Code,
    shall be available, in addition to objects for which such funds are
    otherwise available, for rent in the District of Columbia; services in
    accordance with 5 U.S.C. 3109; and the objects specified under this
    head, all the provisions of which shall be applicable to the
    expenditure of such funds unless otherwise specified in the Act by
    which they are made available: Provided, That in the event any
    functions budgeted as administrative expenses are subsequently
    transferred to or paid from other funds, the limitations on
    administrative expenses shall be correspondingly reduced.
        Sec. 609. No part of any appropriation for the current fiscal year
    contained in this or any other Act shall be paid to any person for the
    filling of any position for which he or she has been nominated after
    the Senate has voted not to approve the nomination of said person.
        Sec. 610. No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards
    (except Federal Executive Boards), commissions, councils, committees,
    or similar groups (whether or not they are interagency entities) which
    do not have a prior and specific statutory approval to receive
    financial support from more than one agency or instrumentality.
        Sec. 611. Funds made available by this or any other Act to the
    Postal Service Fund (39 U.S.C. 2003) shall be available for employment
    of guards for all buildings and areas owned or occupied by the Postal
    Service and under the charge and control of the Postal Service, and
    such guards shall have, with respect to such property, the powers of
    special policemen provided by the first section of the Act of June 1,
    1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to property
    owned or occupied by the Postal Service, the Postmaster General may
    take the same actions as the Administrator of General Services may take
    under the provisions of sections 2 and 3 of the Act of June 1, 1948, as
    amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching thereto
    penal consequences under the authority and within the limits provided
    in section 4 of the Act of June 1, 1948, as amended (62 Stat. 281; 40
    U.S.C. 318c).
        Sec. 612. None of the funds made available pursuant to the
    provisions of this Act shall be used to implement, administer, or
    enforce any regulation which has been disapproved pursuant to a
    resolution of disapproval duly adopted in accordance with the
    applicable law of the United States.
        Sec. 613. (a) Notwithstanding any other provision of law, and
    except as otherwise provided in this section, no part of any of the
    funds appropriated for fiscal year 2005, by this or any other Act, may
    be used to pay any prevailing rate employee described in section
    5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the
        limitation imposed by the comparable section for previous fiscal
        years until the normal effective date of the applicable wage survey
        adjustment that is to take effect in fiscal year 2005, in an amount
        that exceeds the rate payable for the applicable grade and step of
        the applicable wage schedule in accordance with such section; and
            (2) during the period consisting of the remainder of fiscal
        year 2005, in an amount that exceeds, as a result of a wage survey
        adjustment, the rate payable under paragraph (1) by more than the
        sum of--
                (A) the percentage adjustment taking effect in fiscal year
            2005 under section 5303 of title 5, United States Code, in the
            rates of pay under the General Schedule; and
                (B) the difference between the overall average percentage
            of the locality-based comparability payments taking effect in
            fiscal year 2005 under section 5304 of such title (whether by
            adjustment or otherwise), and the overall average percentage of
            such payments which was effective in the previous fiscal year
            under such section.
        (b) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, United States Code, and no employee covered by section 5348 of
    such title, may be paid during the periods for which subsection (a) is
    in effect at a rate that exceeds the rates that would be payable under
    subsection (a) were subsection (a) applicable to such employee.
        (c) For the purposes of this section, the rates payable to an
    employee who is covered by this section and who is paid from a schedule
    not in existence on September 30, 2004, shall be determined under
    regulations prescribed by the Office of Personnel Management.
        (d) Notwithstanding any other provision of law, rates of premium
    pay for employees subject to this section may not be changed from the
    rates in effect on September 30, 2004, except to the extent determined
    by the Office of Personnel Management to be consistent with the purpose
    of this section.
        (e) This section shall apply with respect to pay for service
    performed after September 30, 2004.
        (f) For the purpose of administering any provision of law
    (including any rule or regulation that provides premium pay,
    retirement, life insurance, or any other employee benefit) that
    requires any deduction or contribution, or that imposes any requirement
    or limitation on the basis of a rate of salary or basic pay, the rate
    of salary or basic pay payable after the application of this section
    shall be treated as the rate of salary or basic pay.
        (g) Nothing in this section shall be considered to permit or
    require the payment to any employee covered by this section at a rate
    in excess of the rate that would be payable were this section not in
    effect.
        (h) The Office of Personnel Management may provide for exceptions
    to the limitations imposed by this section if the Office determines
    that such exceptions are necessary to ensure the recruitment or
    retention of qualified employees.
        Sec. 614. During the period in which the head of any department or
    agency, or any other officer or civilian employee of the Government
    appointed by the President of the United States, holds office, no funds
    may be obligated or expended in excess of $5,000 to furnish or
    redecorate the office of such department head, agency head, officer, or
    employee, or to purchase furniture or make improvements for any such
    office, unless advance notice of such furnishing or redecoration is
    expressly approved by the Committees on Appropriations. For the
    purposes of this section, the term ``office'' shall include the entire
    suite of offices assigned to the individual, as well as any other space
    used primarily by the individual or the use of which is directly
    controlled by the individual.
        Sec. 615. Notwithstanding section 1346 of title 31, United States
    Code, or section 610 of this Act, funds made available for the current
    fiscal year by this or any other Act shall be available for the
    interagency funding of national security and emergency preparedness
    telecommunications initiatives which benefit multiple Federal
    departments, agencies, or entities, as provided by Executive Order No.
    12472 (April 3, 1984).
        Sec. 616. (a) None of the funds appropriated by this or any other
    Act may be obligated or expended by any Federal department, agency, or
    other instrumentality for the salaries or expenses of any employee
    appointed to a position of a confidential or policy-determining
    character excepted from the competitive service pursuant to section
    3302 of title 5, United States Code, without a certification to the
    Office of Personnel Management from the head of the Federal department,
    agency, or other instrumentality employing the Schedule C appointee
    that the Schedule C position was not created solely or primarily in
    order to detail the employee to the White House.
        (b) The provisions of this section shall not apply to Federal
    employees or members of the armed services detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense for the
        collection of specialized national foreign intelligence through
        reconnaissance programs;
            (5) the Bureau of Intelligence and Research of the Department
        of State;
            (6) any agency, office, or unit of the Army, Navy, Air Force,
        and Marine Corps, the Department of Homeland Security, the Federal
        Bureau of Investigation and the Drug Enforcement Administration of
        the Department of Justice, the Department of Transportation, the
        Department of the Treasury, and the Department of Energy performing
        intelligence functions; and
            (7) the Director of Central Intelligence.
        Sec. 617. No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for the
    current fiscal year shall obligate or expend any such funds, unless
    such department, agency, or instrumentality has in place, and will
    continue to administer in good faith, a written policy designed to
    ensure that all of its workplaces are free from discrimination and
    sexual harassment and that all of its workplaces are not in violation
    of title VII of the Civil Rights Act of 1964, as amended, the Age
    Discrimination in Employment Act of 1967, and the Rehabilitation Act of
    1973.
        Sec. 618. No part of any appropriation contained in this or any
    other Act shall be available for the payment of the salary of any
    officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to prohibit
        or prevent, any other officer or employee of the Federal Government
        from having any direct oral or written communication or contact
        with any Member, committee, or subcommittee of the Congress in
        connection with any matter pertaining to the employment of such
        other officer or employee or pertaining to the department or agency
        of such other officer or employee in any way, irrespective of
        whether such communication or contact is at the initiative of such
        other officer or employee or in response to the request or inquiry
        of such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, reduces
        in rank, seniority, status, pay, or performance of efficiency
        rating, denies promotion to, relocates, reassigns, transfers,
        disciplines, or discriminates in regard to any employment right,
        entitlement, or benefit, or any term or condition of employment of,
        any other officer or employee of the Federal Government, or
        attempts or threatens to commit any of the foregoing actions with
        respect to such other officer or employee, by reason of any
        communication or contact of such other officer or employee with any
        Member, committee, or subcommittee of the Congress as described in
        paragraph (1).
        Sec. 619. (a) None of the funds made available in this or any other
    Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, and
        abilities bearing directly upon the performance of official duties;
            (2) contains elements likely to induce high levels of emotional
        response or psychological stress in some participants;
            (3) does not require prior employee notification of the content
        and methods to be used in the training and written end of course
        evaluation;
            (4) contains any methods or content associated with religious
        or quasi-religious belief systems or ``new age'' belief systems as
        defined in Equal Employment Opportunity Commission Notice N-
        915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants'
        personal values or lifestyle outside the workplace.
        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 620. No funds appropriated in this or any other Act may be
    used to implement or enforce the agreements in Standard Forms 312 and
    4414 of the Government or any other nondisclosure policy, form, or
    agreement if such policy, form, or agreement does not contain the
    following provisions: ``These restrictions are consistent with and do
    not supersede, conflict with, or otherwise alter the employee
    obligations, rights, or liabilities created by Executive Order No.
    12958; section 7211 of title 5, United States Code (governing
    disclosures to Congress); section 1034 of title 10, United States Code,
    as amended by the Military Whistleblower Protection Act (governing
    disclosure to Congress by members of the military); section 2302(b)(8)
    of title 5, United States Code, as amended by the Whistleblower
    Protection Act (governing disclosures of illegality, waste, fraud,
    abuse or public health or safety threats); the Intelligence Identities
    Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures
    that could expose confidential Government agents); and the statutes
    which protect against disclosure that may compromise the national
    security, including sections 641, 793, 794, 798, and 952 of title 18,
    United States Code, and section 4(b) of the Subversive Activities Act
    of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
    rights, sanctions, and liabilities created by said Executive order and
    listed statutes are incorporated into this agreement and are
    controlling.'': Provided, That notwithstanding the preceding paragraph,
    a nondisclosure policy form or agreement that is to be executed by a
    person connected with the conduct of an intelligence or intelligence-
    related activity, other than an employee or officer of the United
    States Government, may contain provisions appropriate to the particular
    activity for which such document is to be used. Such form or agreement
    shall, at a minimum, require that the person will not disclose any
    classified information received in the course of such activity unless
    specifically authorized to do so by the United States Government. Such
    nondisclosure forms shall also make it clear that they do not bar
    disclosures to Congress or to an authorized official of an executive
    agency or the Department of Justice that are essential to reporting a
    substantial violation of law.
        Sec. 621. No part of any funds appropriated in this or any other
    Act shall be used by an agency of the executive branch, other than for
    normal and recognized executive-legislative relationships, for
    publicity or propaganda purposes, and for the preparation, distribution
    or use of any kit, pamphlet, booklet, publication, radio, television or
    film presentation designed to support or defeat legislation pending
    before the Congress, except in presentation to the Congress itself.
        Sec. 622. None of the funds appropriated by this or any other Act
    may be used by an agency to provide a Federal employee's home address
    to any labor organization except when the employee has authorized such
    disclosure or when such disclosure has been ordered by a court of
    competent jurisdiction.
        Sec. 623. None of the funds made available in this Act or any other
    Act may be used to provide any non-public information such as mailing
    or telephone lists to any person or any organization outside of the
    Federal Government without the approval of the Committees on
    Appropriations.
        Sec. 624. No part of any appropriation contained in this or any
    other Act shall be used for publicity or propaganda purposes within the
    United States not heretofor authorized by the Congress.
        Sec. 625. (a) In this section the term ``agency''--
            (1) means an Executive agency as defined under section 105 of
        title 5, United States Code;
            (2) includes a military department as defined under section 102
        of such title, the Postal Service, and the Postal Rate Commission;
        and
            (3) shall not include the Government Accountability Office.
        (b) Unless authorized in accordance with law or regulations to use
    such time for other purposes, an employee of an agency shall use
    official time in an honest effort to perform official duties. An
    employee not under a leave system, including a Presidential appointee
    exempted under section 6301(2) of title 5, United States Code, has an
    obligation to expend an honest effort and a reasonable proportion of
    such employee's time in the performance of official duties.
        Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of this
    Act, funds made available for the current fiscal year by this or any
    other Act to any department or agency, which is a member of the Joint
    Financial Management Improvement Program (JFMIP), shall be available to
    finance an appropriate share of JFMIP administrative costs, as
    determined by the JFMIP, but not to exceed a total of $800,000
    including the salary of the Executive Director and staff support.
        Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of this
    Act, the head of each Executive department and agency is hereby
    authorized to transfer to or reimburse ``General Services
    Administration, Government-wide Policy'' with the approval of the
    Director of the Office of Management and Budget, funds made available
    for the current fiscal year by this or any other Act, including rebates
    from charge card and other contracts: Provided, That these funds shall
    be administered by the Administrator of General Services to support
    Government-wide financial, information technology, procurement, and
    other management innovations, initiatives, and activities, as approved
    by the Director of the Office of Management and Budget, in consultation
    with the appropriate interagency groups designated by the Director
    (including the Chief Financial Officers Council and the Joint Financial
    Management Improvement Program for financial management initiatives,
    the Chief Information Officers Council for information technology
    initiatives, the Chief Human Capital Officers Council for human capital
    initiatives, and the Federal Acquisition Council for procurement
    initiatives). The total funds transferred or reimbursed shall not
    exceed $17,000,000. Such transfers or reimbursements may only be made
    15 days following notification of the Committees on Appropriations by
    the Director of the Office of Management and Budget.
        Sec. 628. None of the funds made available in this or any other Act
    may be used by the Office of Personnel Management or any other
    department or agency of the Federal Government to prohibit any agency
    from using appropriated funds as they see fit to independently contract
    with private companies to provide online employment applications and
    processing services.
        Sec. 629. Notwithstanding any other provision of law, a woman may
    breastfeed her child at any location in a Federal building or on
    Federal property, if the woman and her child are otherwise authorized
    to be present at the location.
        Sec. 630. Nothwithstanding section 1346 of title 31, United States
    Code, or section 610 of this Act, funds made available for the current
    fiscal year by this or any other Act shall be available for the
    interagency funding of specific projects, workshops, studies, and
    similar efforts to carry out the purposes of the National Science and
    Technology Council (authorized by Executive Order No. 12881), which
    benefit multiple Federal departments, agencies, or entities: Provided,
    That the Office of Management and Budget shall provide a report
    describing the budget of and resources connected with the National
    Science and Technology Council to the Committees on Appropriations, the
    House Committee on Science; and the Senate Committee on Commerce,
    Science, and Transportation 90 days after enactment of this Act.
        Sec. 631. Any request for proposals, solicitation, grant
    application, form, notification, press release, or other publications
    involving the distribution of Federal funds shall indicate the agency
    providing the funds, the Catalog of Federal Domestic Assistance Number,
    as applicable, and the amount provided: Provided, That this provision
    shall apply to direct payments, formula funds, and grants received by a
    State receiving Federal funds.
        Sec. 632. Subsection (f) of section 403 of Public Law 103-356 (31
    U.S.C. 501 note), as amended, is further amended by striking ``October
    1, 2004'' and inserting ``October 1, 2005''.
        Sec. 633. (a) Prohibition of Federal Agency Monitoring of
    Individuals' Internet Use.--None of the funds made available in this or
    any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data,
        derived from any means, that includes any personally identifiable
        information relating to an individual's access to or use of any
        Federal Government Internet site of the agency; or
            (2) to enter into any agreement with a third party (including
        another government agency) to collect, review, or obtain any
        aggregation of data, derived from any means, that includes any
        personally identifiable information relating to an individual's
        access to or use of any nongovernmental Internet site.
        (b) Exceptions.--The limitations established in subsection (a)
    shall not apply to--
            (1) any record of aggregate data that does not identify
        particular persons;
            (2) any voluntary submission of personally identifiable
        information;
            (3) any action taken for law enforcement, regulatory, or
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a system
        security action taken by the operator of an Internet site and is
        necessarily incident to the rendition of the Internet site services
        or to the protection of the rights or property of the provider of
        the Internet site.
        (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to implement,
        interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the agency's
        supervised institutions, including assessing safety and soundness,
        overall financial condition, management practices and policies and
        compliance with applicable standards as provided in law.
        Sec. 634. (a) None of the funds appropriated by this Act may be
    used to enter into or renew a contract which includes a provision
    providing prescription drug coverage, except where the contract also
    includes a provision for contraceptive coverage.
        (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                (A) Personal Care's HMO; and
                (B) OSF Health Plans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan
        objects to such coverage on the basis of religious beliefs.
        (c) In implementing this section, any plan that enters into or
    renews a contract under this section may not subject any individual to
    discrimination on the basis that the individual refuses to prescribe or
    otherwise provide for contraceptives because such activities would be
    contrary to the individual's religious beliefs or moral convictions.
        (d) Nothing in this section shall be construed to require coverage
    of abortion or abortion-related services.
        Sec. 635. The Congress of the United States recognizes the United
    States Anti-Doping Agency (USADA) as the official anti-doping agency
    for Olympic, Pan American, and Paralympic sport in the United States.
        Sec. 636. Notwithstanding any other provision of law, funds
    appropriated for official travel by Federal departments and agencies
    may be used by such departments and agencies, if consistent with Office
    of Management and Budget Circular A-126 regarding official travel for
    Government personnel, to participate in the fractional aircraft
    ownership pilot program.
        Sec. 637. None of the funds made available under this or any other
    Act for fiscal year 2005 and each fiscal year thereafter shall be
    expended for the purchase of a product or service offered by Federal
    Prison Industries, Inc., unless the agency making such purchase
    determines that such offered product or service provides the best value
    to the buying agency pursuant to governmentwide procurement
    regulations, issued pursuant to section 25(c)(1) of the Office of
    Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose procedures,
    standards, and limitations of section 2410n of title 10, United States
    Code.
        Sec. 638. Notwithstanding any other provision of law, none of the
    funds appropriated or made available under this Act or any other
    appropriations Act may be used to implement or enforce restrictions or
    limitations on the Coast Guard Congressional Fellowship Program, or to
    implement the proposed regulations of the Office of Personnel
    Management to add sections 300.311 through 300.316 to part 300 of title
    5 of the Code of Federal Regulations, published in the Federal
    Register, volume 68, number 174, on September 9, 2003 (relating to the
    detail of executive branch employees to the legislative branch).
        Sec. 639. Each Executive department and agency shall evaluate the
    creditworthiness of an individual before issuing the individual a
    government purchase charge card or government travel charge card. The
    department or agency may not issue a government purchase charge card or
    government travel charge card to an individual that either lacks a
    credit history or is found to have an unsatisfactory credit history as
    a result of this evaluation: Provided, That this restriction shall not
    preclude issuance of a restricted-use charge, debit, or stored value
    card made in accordance with agency procedures to: (1) an individual
    with an unsatisfactory credit history where such card is used to pay
    travel expenses and the agency determines there is no suitable
    alternative payment mechanism available before issuing the card; or (2)
    an individual who lacks a credit history. Each Executive department and
    agency shall establish guidelines and procedures for disciplinary
    actions to be taken against agency personnel for improper, fraudulent,
    or abusive use of government charge cards, which shall include
    appropriate disciplinary actions for use of charge cards for purposes,
    and at establishments, that are inconsistent with the official business
    of the Department or agency or with applicable standards of conduct.
        Sec. 640. (a) The adjustment in rates of basic pay for employees
    under the statutory pay systems that takes effect in fiscal year 2005
    under sections 5303 and 5304 of title 5, United States Code, shall be
    an increase of 3.5 percent, and this adjustment shall apply to civilian
    employees in the Department of Defense and the Department of Homeland
    Security and such adjustments shall be effective as of the first day of
    the first applicable pay period beginning on or after January 1, 2005.
        (b) Notwithstanding section 613 of this Act, the adjustment in
    rates of basic pay for the statutory pay systems that take place in
    fiscal year 2005 under sections 5344 and 5348 of title 5, United States
    Code, shall be no less than the percentage in paragraph (a) as
    employees in the same location whose rates of basic pay are adjusted
    pursuant to the statutory pay systems under section 5303 and 5304 of
    title 5, United States Code. Prevailing rate employees at locations
    where there are no employees whose pay is increased pursuant to
    sections 5303 and 5304 of title 5 and prevailing rate employees
    described in section 5343(a)(5) of title 5 shall be considered to be
    located in the pay locality designated as ``Rest of US'' pursuant to
    section 5304 of title 5 for purposes of this paragraph.
        (c) Funds used to carry out this section shall be paid from
    appropriations, which are made to each applicable department or agency
    for salaries and expenses for fiscal year 2005.
        Sec. 641. (a) Not later than 180 days after the end of the fiscal
    year, the head of each Federal agency shall submit a report to Congress
    on the amount of the acquisitions made by the agency from entities that
    manufacture the articles, materials, or supplies outside of the United
    States in that fiscal year.
        (b) The report required by subsection (a) shall separately
    indicate--
            (1) the dollar value of any articles, materials, or supplies
        purchased that were manufactured outside of the United States;
            (2) an itemized list of all waivers granted with respect to
        such articles, materials, or supplies under the Buy American Act
        (41 U.S.C. 10a et seq.); and
            (3) a summary of the total procurement funds spent on goods
        manufactured in the United States versus funds spent on goods
        manufactured outside of the United States.
        (c) The head of each Federal agency submitting a report under
    subsection (a) shall make the report publicly available to the maximum
    extent practicable.
        (d) This section shall not apply to acquisitions made by an agency,
    or component thereof, that is an element of the intelligence community
    as set forth in or designated under section 3(4) of the National
    Security Act of 1947 (50 U.S.C. 401a(4)).
        Sec. 642. Notwithstanding any other provision of law, no executive
    branch agency shall purchase, construct, and/or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without the advance approval of the Committees on Appropriations,
    except that the Federal Law Enforcement Training Center is authorized
    to obtain the temporary use of additional facilities by lease,
    contract, or other agreement for training which cannot be accommodated
    in existing Center facilities.
        Sec. 643. Section 653(j) of title 42, United States Code, is
    amended by adding at the end the following new paragraph:
            ``(7) Information comparisons and disclosure to assist in
        federal debt collection.--
                ``(A) Furnishing of information by the secretary of the
            treasury.--The Secretary of the Treasury shall furnish to the
            Secretary, on such periodic basis as determined by the
            Secretary of the Treasury in consultation with the Secretary,
            information in the custody of the Secretary of the Treasury for
            comparison with information in the National Directory of New
            Hires, in order to obtain information in such Directory with
            respect to persons--
                    ``(i) who owe delinquent nontax debt to the United
                States; and
                    ``(ii) whose debt has been referred to the Secretary of
                the Treasury in accordance with 31 U.S.C. 3711(g).
                ``(B) Requirement to seek minimum information.--The
            Secretary of the Treasury shall seek information pursuant to
            this section only to the extent necessary to improve collection
            of the debt described in subparagraph (A).
                ``(C) Duties of the secretary.--
                    ``(i) Information disclosure.--The Secretary, in
                cooperation with the Secretary of the Treasury, shall
                compare information in the National Directory of New Hires
                with information provided by the Secretary of the Treasury
                with respect to persons described in subparagraph (A) and
                shall disclose information in such Directory regarding such
                persons to the Secretary of the Treasury in accordance with
                this paragraph, for the purposes specified in this
                paragraph. Such comparison of information shall not be
                considered a matching program as defined in 5 U.S.C. 552a.
                    ``(ii) Condition on disclosure.--The Secretary shall
                make disclosures in accordance with clause (i) only to the
                extent that the Secretary determines that such disclosures
                do not interfere with the effective operation of the
                program under this part. Support collection under section
                466(b) of this title shall be given priority over
                collection of any delinquent Federal nontax debt against
                the same income.
                ``(D) Use of information by the secretary of the
            treasury.--The Secretary of the Treasury may use information
            provided under this paragraph only for purposes of collecting
            the debt described in subparagraph (A).
                ``(E) Disclosure of information by the secretary of the
            treasury.--
                    ``(i) Purpose of disclosure.--The Secretary of the
                Treasury may make a disclosure under this subparagraph only
                for purposes of collecting the debt described in
                subparagraph (A).
                    ``(ii) Disclosures permitted.--Subject to clauses (iii)
                and (iv), the Secretary of the Treasury may disclose
                information resulting from a data match pursuant to this
                paragraph only to the Attorney General in connection with
                collecting the debt described in subparagraph (A).
                    ``(iii) Conditions on disclosure.--Disclosures under
                this subparagraph shall be--

                        ``(I) made in accordance with data security and
                    control policies established by the Secretary of the
                    Treasury and approved by the Secretary;
                        ``(II) subject to audit in a manner satisfactory to
                    the Secretary; and
                        ``(III) subject to the sanctions under subsection
                    (l)(2).

                    ``(iv) Additional disclosures.--

                        ``(I) Determination by secretaries.--The Secretary
                    of the Treasury and the Secretary shall determine
                    whether to permit disclosure of information under this
                    paragraph to persons or entities described in subclause
                    (II), based on an evaluation made by the Secretary of
                    the Treasury (in consultation with and approved by the
                    Secretary), of the costs and benefits of such
                    disclosures and the adequacy of measures used to
                    safeguard the security and confidentiality of
                    information so disclosed.
                        ``(II) Permitted persons or entities.--If the
                    Secretary of the Treasury and the Secretary determine
                    pursuant to subclause (I) that disclosures to
                    additional persons or entities shall be permitted,
                    information under this paragraph may be disclosed by
                    the Secretary of the Treasury, in connection with
                    collecting the debt described in subparagraph (A), to a
                    contractor or agent of either Secretary and to the
                    Federal agency that referred such debt to the Secretary
                    of the Treasury for collection, subject to the
                    conditions in clause (iii) and such additional
                    conditions as agreed to by the Secretaries.

                    ``(v) Restrictions on redisclosure.--A person or entity
                to which information is disclosed under this subparagraph
                may use or disclose such information only as needed for
                collecting the debt described in subparagraph (A), subject
                to the conditions in clause (iii) and such additional
                conditions as agreed to by the Secretaries.
                ``(F) Reimbursement of hhs costs.--The Secretary of the
            Treasury shall reimburse the Secretary, in accordance with
            subsection (k)(3), for the costs incurred by the Secretary in
            furnishing the information requested under this paragraph. Any
            such costs paid by the Secretary of the Treasury shall be
            considered costs of implementing 31 U.S.C. 3711(g) in
            accordance with 31 U.S.C. 3711(g)(6) and may be paid from the
            account established pursuant to 31 U.S.C. 3711(g)(7).''.
        Sec. 644. Notwithstanding section 1346 of title 31, United States
    Code, and section 610 of this Act and any other provision of law, the
    head of each appropriate executive department and agency shall transfer
    to or reimburse the Federal Aviation Administration, upon the direction
    of the Director of the Office of Management and Budget, funds made
    available by this or any other Act for the purposes described below,
    and shall submit budget requests for such purposes. These funds shall
    be administered by the Federal Aviation Administration, in consultation
    with the appropriate interagency groups designated by the Director and
    shall be used to ensure the uninterrupted, continuous operation of the
    Midway Atoll Airfield by the Federal Aviation Administration pursuant
    to an operational agreement with the Department of the Interior for the
    entirety of fiscal year 2005 and any period thereafter that precedes
    the enactment of the Transportation, Treasury, and Independent Agencies
    Appropriations Act, 2006. The Director of the Office of Management and
    Budget shall mandate the necessary transfers after determining an
    equitable allocation between the appropriate executive departments and
    agencies of the responsibility for funding the continuous operation of
    the Midway Atoll Airfield based on, but not limited to, potential use,
    interest in maintaining aviation safety, and applicability to
    governmental operations and agency mission. The total funds transferred
    or reimbursed shall not exceed $6,000,000 for any twelve-month period.
    Such sums shall be sufficient to ensure continued operation of the
    airfield throughout the period cited above. Funds shall be available
    for operation of the airfield or airfield-related capital upgrades. The
    Director of the Office of Management and Budget shall notify the
    Committees on Appropriations of such transfers or reimbursements within
    15 days of this Act. Such transfers or reimbursements shall begin
    within 30 days of enactment of this Act.
        Sec. 645. (a) Designation.--The United States Courthouse located at
    95 Seventh Street in San Francisco, California, shall be known and
    designated as the ``James R. Browning United States Courthouse''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the courthouse referred
    to in subsection (a) shall be deemed to be a reference to the ``James
    R. Browning United States Courthouse''.

       DIVISION I--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
         DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2005

                    TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                        Veterans Benefits Administration

                            compensation and pensions

                          (including transfer of funds)

        For the payment of compensation benefits to or on behalf of
    veterans and a pilot program for disability examinations as authorized
    by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61);
    pension benefits to or on behalf of veterans as authorized by law (38
    U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial
    benefits, emergency and other officers' retirement pay, adjusted-
    service credits and certificates, payment of premiums due on commercial
    life insurance policies guaranteed under the provisions of article IV
    of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App.
    540 et seq.) and for other benefits as authorized by law (38 U.S.C.
    107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C.
    App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198),
    $32,607,688,000, to remain available until expended: Provided, That not
    to exceed $20,703,000 of the amount appropriated under this heading
    shall be reimbursed to ``General operating expenses'' and ``Medical
    services'' for necessary expenses in implementing those provisions
    authorized in the Omnibus Budget Reconciliation Act of 1990, and in the
    Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the
    funding source for which is specifically provided as the ``Compensation
    and pensions'' appropriation: Provided further, That such sums as may
    be earned on an actual qualifying patient basis, shall be reimbursed to
    ``Medical facilities revolving fund'' to augment the funding of
    individual medical facilities for nursing home care provided to
    pensioners as authorized.

                              readjustment benefits

        For the payment of readjustment and rehabilitation benefits to or
    on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30,
    31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,556,232,000, to remain
    available until expended: Provided, That expenses for rehabilitation
    program services and assistance which the Secretary is authorized to
    provide under section 3104(a) of title 38, United States Code, other
    than under subsection (a)(1), (2), (5), and (11) of that section, shall
    be charged to this account.

                        veterans insurance and indemnities

        For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
    70 Stat. 887; 72 Stat. 487, $44,380,000, to remain available until
    expended.

              veterans housing benefit program fund program account

                          (including transfer of funds)

        For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the program, as authorized by 38 U.S.C. chapter
    37, as amended: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    during fiscal year 2005, within the resources available, not to exceed
    $500,000 in gross obligations for direct loans are authorized for
    specially adapted housing loans.
        In addition, for administrative expenses to carry out the direct
    and guaranteed loan programs, $154,075,000, which may be transferred to
    and merged with the appropriation for ``General operating expenses''.

                 vocational rehabilitation loans program account

                          (including transfer of funds)

        For the cost of direct loans, $47,000, as authorized by 38 U.S.C.
    chapter 31, as amended: Provided, That such costs, including the cost
    of modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    funds made available under this heading are available to subsidize
    gross obligations for the principal amount of direct loans not to
    exceed $4,108,000.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $311,000, which may be transferred to and merged
    with the appropriation for ``General operating expenses''.

               native american veteran housing loan program account

                          (including transfer of funds)

        For administrative expenses to carry out the direct loan program
    authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000,
    which may be transferred to and merged with the appropriation for
    ``General operating expenses'': Provided, That no new loans in excess
    of $50,000,000 may be made in fiscal year 2005.

      guaranteed transitional housing loans for homeless veterans program
                                    account

        For the administrative expenses to carry out the guaranteed
    transitional housing loan program authorized by 38 U.S.C. chapter 37,
    subchapter VI, not to exceed $750,000 of the amounts appropriated by
    this Act for ``General operating expenses'' and ``Medical
    administration'' may be expended.

                         Veterans Health Administration

                                 medical services

                          (including transfers of funds)

        For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in paragraphs (1)
    through (8) of section 1705(a) of title 38, United States Code,
    including care and treatment in facilities not under the jurisdiction
    of the department and including medical supplies and equipment and
    salaries and expenses of health-care employees hired under title 38,
    United States Code, and aid to State homes as authorized by section
    1741 of title 38, United States Code; $19,472,777,000, plus
    reimbursements: Provided, That of the funds made available under this
    heading, not to exceed $1,100,000,000 shall be available until
    September 30, 2006: Provided further, That, notwithstanding any other
    provision of law, the Secretary of Veterans Affairs shall establish a
    priority for treatment for veterans who are service-connected disabled,
    lower income, or have special needs: Provided further, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs shall give priority funding for the provision of basic medical
    benefits to veterans in enrollment priority groups 1 through 6:
    Provided further, That of the funds made available under this heading,
    the Secretary may transfer up to $400,000,000, to remain available
    until expended, to ``Construction, major projects'' for purposes of
    implementing CARES subject to a determination by the Secretary that
    such funds will improve access and quality of veteran's health care
    needs: Provided further, That, during the fiscal year ending September
    30, 2005, the Secretary may transfer not more than $125,000,000 of the
    unobligated balances in this account and amounts made available under
    this heading to ``General operating expenses'' for costs associated
    with processing claims where the basis of the entitlement is claimed
    disability incurred as a result of a veteran's service, subject to a
    determination by the Secretary of Veterans Affairs that such additional
    funds are necessary: Provided further, That, notwithstanding any other
    provision of law, the Secretary of Veterans Affairs may authorize the
    dispensing of prescription drugs from Veterans Health Administration
    facilities to enrolled veterans with privately written prescriptions
    based on requirements established by the Secretary: Provided further,
    That the implementation of the program described in the previous
    proviso shall incur no additional cost to the Department of Veterans
    Affairs: Provided further, That for the DOD VA Health Care Sharing
    Incentive Fund, as authorized by section 721 of Public Law 107-314, a
    minimum of $15,000,000, to remain available until expended, for any
    purpose authorized by 38 U.S.C. 8111.

                              medical administration

        For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities; information technology hardware and
    software; uniforms or allowances therefor, as authorized by sections
    5901-5902 of title 5, United States Code; and administrative and legal
    expenses of the department for collecting and recovering amounts owed
    the department as authorized under chapter 17 of title 38, United
    States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651
    et seq.); $4,705,000,000, of which $250,000,000 shall be available
    until September 30, 2006, plus reimbursements.

                                medical facilities

        For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, and domiciliary facilities and other
    necessary facilities for the Veterans Health Administration; for
    administrative expenses in support of planning, design, project
    management, real property acquisition and disposition, construction and
    renovation of any facility under the jurisdiction or for the use of the
    department; for oversight, engineering and architectural activities not
    charged to project costs; for repairing, altering, improving or
    providing facilities in the several hospitals and homes under the
    jurisdiction of the department, not otherwise provided for, either by
    contract or by the hire of temporary employees and purchase of
    materials; for leases of facilities; and for laundry and food services,
    $3,745,000,000, of which $250,000,000 shall be available until
    September 30, 2006.

                         medical and prosthetic research

        For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by chapter 73 of
    title 38, United States Code, to remain available until September 30,
    2006, $405,593,000, plus reimbursements.

                          Departmental Administration

                            general operating expenses

        For necessary operating expenses of the Department of Veterans
    Affairs, not otherwise provided for, including administrative expenses
    in support of department-wide capital planning, management and policy
    activities, uniforms or allowances therefor; not to exceed $25,000 for
    official reception and representation expenses; hire of passenger motor
    vehicles; and reimbursement of the General Services Administration for
    security guard services, and the Department of Defense for the cost of
    overseas employee mail, $1,324,753,000: Provided, That expenses for
    services and assistance authorized under 38 U.S.C. 3104(a)(1), (2),
    (5), and (11) that the Secretary determines are necessary to enable
    entitled veterans: (1) to the maximum extent feasible, to become
    employable and to obtain and maintain suitable employment; or (2) to
    achieve maximum independence in daily living, shall be charged to this
    account: Provided further, That the Veterans Benefits Administration
    shall be funded at not less than $1,027,193,000: Provided further, That
    of the funds made available under this heading, not to exceed
    $66,000,000 shall be available for obligation until September 30, 2006:
    Provided further, That from the funds made available under this
    heading, the Veterans Benefits Administration may purchase up to two
    passenger motor vehicles for use in operations of that Administration
    in Manila, Philippines.

                         national cemetery administration

        For necessary expenses of the National Cemetery Administration for
    operations and maintenance, not otherwise provided for, including
    uniforms or allowances therefor; cemeterial expenses as authorized by
    law; purchase of one passenger motor vehicle for use in cemeterial
    operations; and hire of passenger motor vehicles, $148,925,000:
    Provided, That of the funds made available under this heading, not to
    exceed $7,400,000 shall be available until September 30, 2006.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $69,711,000, to remain available until September 30, 2006.

                           construction, major projects

        For constructing, altering, extending and improving any of the
    facilities including parking projects under the jurisdiction or for the
    use of the Department of Veterans Affairs, or for any of the purposes
    set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109,
    8110, and 8122 of title 38, United States Code, including planning,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm
    drainage system construction costs, and site acquisition, where the
    estimated cost of a project is more than the amount set forth in 38
    U.S.C. 8104(a)(3)(A) or where funds for a project were made available
    in a previous major project appropriation, $458,800,000, to remain
    available until expended, of which $370,709,000 shall be for Capital
    Asset Realignment for Enhanced Services (CARES) activities; and of
    which $8,091,000 shall be to make reimbursements as provided in 41
    U.S.C. 612 for claims paid for contract disputes: Provided, That except
    for advance planning activities, including needs assessments which may
    or may not lead to capital investments, and other capital asset
    management related activities, such as portfolio development and
    management activities, and investment strategy studies funded through
    the advance planning fund and the planning and design activities funded
    through the design fund and CARES funds, including needs assessments
    which may or may not lead to capital investments, none of the funds
    appropriated under this heading shall be used for any project which has
    not been approved by the Congress in the budgetary process: Provided
    further, That funds provided in this appropriation for fiscal year
    2005, for each approved project (except those for CARES activities
    referenced above) shall be obligated: (1) by the awarding of a
    construction documents contract by September 30, 2005; and (2) by the
    awarding of a construction contract by September 30, 2006: Provided
    further, That the Secretary of Veterans Affairs shall promptly report
    in writing to the Committees on Appropriations any approved major
    construction project in which obligations are not incurred within the
    time limitations established above.

                           construction, minor projects

        For constructing, altering, extending, and improving any of the
    facilities including parking projects under the jurisdiction or for the
    use of the Department of Veterans Affairs, including planning and
    assessments of needs which may lead to capital investments,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm
    drainage system construction costs, and site acquisition, or for any of
    the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
    8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where
    the estimated cost of a project is equal to or less than the amount set
    forth in 38 U.S.C. 8104(a)(3)(A), $230,779,000, to remain available
    until expended, along with unobligated balances of previous
    ``Construction, minor projects'' appropriations which are hereby made
    available for any project where the estimated cost is equal to or less
    than the amount set forth in 38 U.S.C. 8104(a)(3)(A), of which
    $182,100,000 shall be for Capital Asset Realignment for Enhanced
    Services (CARES) activities: Provided, That from amounts appropriated
    under this heading, additional amounts may be used for CARES activities
    upon notification of and approval by the Committees on Appropriations:
    Provided further, That funds in this account shall be available for:
    (1) repairs to any of the nonmedical facilities under the jurisdiction
    or for the use of the department which are necessary because of loss or
    damage caused by any natural disaster or catastrophe; and (2) temporary
    measures necessary to prevent or to minimize further loss by such
    causes.

            grants for construction of state extended care facilities

        For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify or alter
    existing hospital, nursing home and domiciliary facilities in State
    homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
    8137, $105,163,000, to remain available until expended.

             grants for the construction of state veterans cemeteries

        For grants to aid States in establishing, expanding, or improving
    State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000,
    to remain available until expended.

                            administrative provisions

                          (including transfers of funds)

        Sec. 101. Any appropriation for fiscal year 2005 for ``Compensation
    and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
    indemnities'' may be transferred to any other of the mentioned
    appropriations.
        Sec. 102. Appropriations available to the Department of Veterans
    Affairs for fiscal year 2005 for salaries and expenses shall be
    available for services authorized by 5 U.S.C. 3109 hire of passenger
    motor vehicles; lease of a facility or land or both; and uniforms or
    allowances therefore, as authorized by 5 U.S.C. 5901-5902.
        Sec. 103. No appropriations in this Act for the Department of
    Veterans Affairs (except the appropriations for ``Construction, major
    projects'', ``Construction, minor projects'', and the ``Parking
    revolving fund'') shall be available for the purchase of any site for
    or toward the construction of any new hospital or home.
        Sec. 104. No appropriations in this Act for the Department of
    Veterans Affairs shall be available for hospitalization or examination
    of any persons (except beneficiaries entitled under the laws bestowing
    such benefits to veterans, and persons receiving such treatment under 5
    U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
    is made to the ``Medical services'' account at such rates as may be
    fixed by the Secretary of Veterans Affairs.
        Sec. 105. Appropriations available to the Department of Veterans
    Affairs for fiscal year 2005 for ``Compensation and pensions'',
    ``Readjustment benefits'', and ``Veterans insurance and indemnities''
    shall be available for payment of prior year accrued obligations
    required to be recorded by law against the corresponding prior year
    accounts within the last quarter of fiscal year 2004.
        Sec. 106. Appropriations accounts available to the Department of
    Veterans Affairs for fiscal year 2005 shall be available to pay prior
    year obligations of corresponding prior year appropriations accounts
    resulting from title X of the Competitive Equality Banking Act, Public
    Law 100-86, except that if such obligations are from trust fund
    accounts they shall be payable from ``Compensation and pensions''.
        Sec. 107. Notwithstanding any other provision of law, during fiscal
    year 2005, the Secretary of Veterans Affairs shall, from the National
    Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special
    Life Insurance Fund (38 U.S.C. 1923), and the United States Government
    Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
    expenses'' account for the cost of administration of the insurance
    programs financed through those accounts: Provided, That reimbursement
    shall be made only from the surplus earnings accumulated in an
    insurance program in fiscal year 2005 that are available for dividends
    in that program after claims have been paid and actuarially determined
    reserves have been set aside: Provided further, That if the cost of
    administration of an insurance program exceeds the amount of surplus
    earnings accumulated in that program, reimbursement shall be made only
    to the extent of such surplus earnings: Provided further, That the
    Secretary shall determine the cost of administration for fiscal year
    2005 which is properly allocable to the provision of each insurance
    program and to the provision of any total disability income insurance
    included in such insurance program.
        Sec. 108. Notwithstanding any other provision of law, the
    Department of Veterans Affairs shall continue the Franchise Fund pilot
    program authorized to be established by section 403 of Public Law 103-
    356 until October 1, 2005: Provided, That the Franchise Fund,
    established by title I of Public Law 104-204 to finance the operations
    of the Franchise Fund pilot program, shall continue until October 1,
    2005.
        Sec. 109. Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.
        Sec. 110. Funds available in any Department of Veterans Affairs
    appropriation for fiscal year 2005 or funds for salaries and other
    administrative expenses shall also be available to reimburse the Office
    of Resolution Management and the Office of Employment Discrimination
    Complaint Adjudication for all services provided at rates which will
    recover actual costs but not exceed $29,318,000 for the Office of
    Resolution Management and $3,059,000 for the Office of Employment and
    Discrimination Complaint Adjudication: Provided, That payments may be
    made in advance for services to be furnished based on estimated costs:
    Provided further, That amounts received shall be credited to ``General
    operating expenses'' for use by the office that provided the service.
        Sec. 111. No appropriations in this Act for the Department of
    Veterans Affairs shall be available to enter into any new lease of real
    property if the estimated annual rental is more than $300,000 unless
    the Secretary submits a report which the Committees on Appropriations
    of the Congress approve within 30 days following the date on which the
    report is received.
        Sec. 112. No funds of the Department of Veterans Affairs shall be
    available for hospital care, nursing home care, or medical services
    provided to any person under chapter 17 of title 38, United States
    Code, for a non-service-connected disability described in section
    1729(a)(2) of such title, unless that person has disclosed to the
    Secretary of Veterans Affairs, in such form as the Secretary may
    require, current, accurate third-party reimbursement information for
    purposes of section 1729 of such title: Provided, That the Secretary
    may recover, in the same manner as any other debt due the United
    States, the reasonable charges for such care or services from any
    person who does not make such disclosure as required: Provided further,
    That any amounts so recovered for care or services provided in a prior
    fiscal year may be obligated by the Secretary during the fiscal year in
    which amounts are received.
        Sec. 113. Of the amounts provided in this Act, $25,000,000 shall be
    for information technology initiatives to support the enterprise
    architecture of the Department of Veterans Affairs.
        Sec. 114. None of the funds made available to the Department in
    this Act, or any other Act, may be used to implement sections 2 and 5
    of Public Law 107-287.
        Sec. 115. (a) Hereafter receipts that would otherwise be credited
    to the accounts listed in subsection (c) shall be deposited into the
    Medical Care Collections Fund, and shall be transferred to and merged
    with the ``Medical services'' account, in fiscal year 2005 and
    subsequent years, to remain available until expended, to carry out the
    purposes of the ``Medical services'' account.
        (b) The unobligated balances in the accounts listed in subsection
    (c), shall be transferred to and merged with the ``Medical services''
    account in fiscal year 2005 and subsequent years, and remain available
    until expended, to carry out the purposes of the ``Medical services''
    account: Provided, That the obligated balances in these accounts may be
    transferred to the ``Medical services'' account at the discretion of
    the Secretary of Veterans Affairs and shall remain available until
    expended.
        (c) Veterans Extended Care Revolving Fund; Medical Facilities
    Revolving Fund; Special Therapeutic and Rehabilitation Fund; Nursing
    Home Revolving Fund; Veterans Health Services Improvement Fund; and
    Parking Revolving Fund.
        Sec. 116. (a) The Secretary of Veterans Affairs shall conduct by
    contract a program of recovery audits for the fee basis and other
    medical services contracts with respect to payments for hospital care.
    Notwithstanding section 3302(b) of title 31, United States Code,
    amounts collected, by setoff or otherwise, as the result of such audits
    shall be available, without fiscal year limitation, for the purposes
    for which funds are appropriated under ``Medical services'' and the
    purposes of paying a contractor a percent of the amount collected as a
    result of an audit carried out by the contractor.
        (b) All amounts so collected under subsection (a) with respect to a
    designated health care region (as that term is defined in section
    1729A(d)(2) of title 38, United States Code) shall be allocated, net of
    payments to the contractor, to that region.
        Sec. 117. Notwithstanding any other provision of law, at the
    discretion of the Secretary of Veterans Affairs, proceeds or revenues
    derived from enhanced-use leasing activities (including disposal) that
    are deposited into the Medical Care Collections Fund may be transferred
    and merged with ``Construction, major projects'' and ``Construction,
    minor projects'' accounts and be used for construction (including site
    acquisition and disposition), alterations and improvements of any
    medical facility under the jurisdiction or for the use of the
    Department of Veterans Affairs. Such sums as realized are in addition
    to the amount provided for in ``Construction, major projects'' and
    ``Construction, minor projects''.
        Sec. 118. Amounts made available under ``Medical services'' are
    available--
            (1) for furnishing recreational facilities, supplies, and
        equipment; and
            (2) for funeral expenses, burial expenses, and other expenses
        incidental to funerals and burials for beneficiaries receiving care
        in the department.
        Sec. 119. That such sums as may be deposited to the Medical Care
    Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to
    ``Medical services'', to remain available until expended for the
    purposes of this account.
        Sec. 120. Amounts made available for fiscal year 2005 under the
    ``Medical services'', ``Medical administration'', and ``Medical
    facilities'' accounts may be transferred between the accounts to the
    extent necessary to implement the restructuring of the Veterans Health
    Administration accounts after notice of the amount and purpose of the
    transfer is provided to the Committees on Appropriations of the Senate
    and House of Representatives and a period of 30 days has elapsed:
    Provided, That the limitation on transfers is 20 percent in fiscal year
    2005.
        Sec. 121. Any appropriation for fiscal year 2005 for the Veterans
    Benefits Administration made available under the heading ``General
    operating expenses'' may be transferred to the ``Veterans Housing
    Benefit Program Fund Program Account'' for the purpose of providing
    funds for the nationwide property management contract if the
    administrative costs of such contract exceed $8,800,000 in the budget
    year.
        Sec. 122. The Department of Veterans Affairs is authorized to
    expend such sums as are available in the unobligated balances of the
    funds originally appropriated to ``Medical Care'' for emergency
    expenses resulting from the January 1994 earthquake in southern
    California in Public Law 103-211, Emergency Supplemental Appropriations
    Act of 1994, for the same purposes of the ``Medical Services'' account,
    to remain available until expended.
        Sec. 123. Notwithstanding any other provision of law, the Secretary
    of Veterans Affairs (Secretary) shall allow veterans eligible under
    existing VA Medical Care requirements and who reside in Alaska to
    obtain medical care services from medical facilities supported by the
    Indian Health Services or tribal organizations. The Secretary shall:
    (1) limit the application of this provision to rural Alaskan veterans
    in areas where an existing VA facility or VA-contracted service is
    unavailable; (2) require participating veterans and facilities to
    comply with all appropriate rules and regulations, as established by
    the Secretary; (3) require this provision to be consistent with CARES;
    and (4) result in no additional cost to the Department of Veterans
    Affairs or the Indian Health Service.
        Sec. 124. Of the funds made available under the heading
    ``Construction, minor projects'' in chapter 11 of division B of the
    Military Construction Appropriations and Emergency Hurricane
    Supplemental Appropriations Act, 2005, Public Law 108-324, the
    Secretary of Veterans Affairs may transfer up to $19,800,000 to the
    ``Medical Facilities'' account for non-recurring maintenance expenses
    related to hurricane and tropical storm damage.

             TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                           Public and Indian Housing

                          Tenant-Based Rental Assistance

                          (Including Transfer of Funds)

        For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
    otherwise provided for, $14,885,000,000, to remain available until
    expended, of which $10,685,000,000 shall be available on October 1,
    2004 and $4,200,000,000 shall be available on October 1, 2005:
    Provided, That the amounts made available under this heading are
    provided as follows:
            (1) $13,462,989,000 for renewals of expiring section 8 tenant-
        based annual contributions contracts (including renewals of
        enhanced vouchers under any provision of law authorizing such
        assistance under section 8(t) of the Act): Provided, That
        notwithstanding any other provision of law, from amounts provided
        under this paragraph, the Secretary for the calendar year 2005
        funding cycle shall renew such contracts for each public housing
        agency based on verified Voucher Management System (VMS) leasing
        and cost data averaged for the months of May, June, and July of
        2004, and by applying the 2005 Annual Adjustment Factor as
        established by the Secretary, and by making any necessary
        adjustments for the costs associated with the first-time renewal of
        tenant protection or HOPE VI vouchers: Provided further, That if
        such data is not available, verifiable, or complete, the Secretary
        shall use verified VMS leasing and cost data averaged for the
        months of February, March, and April of 2004, and by applying the
        2005 Annual Adjustment Factor as established by the Secretary, and
        by making any necessary adjustments for the costs associated with
        the first-time renewal of tenant protection or HOPE VI vouchers:
        Provided further, That if such data is not available, verifiable,
        or complete, the Secretary shall use leasing and cost data from the
        most recent end-of-year financial statements for public housing
        agency fiscal years ending no later than March 31, 2004, and by
        applying the 2005 Annual Adjustment Factor as established by the
        Secretary, and by making any necessary adjustments for the costs
        associated with the first-time renewal of tenant protection or HOPE
        VI vouchers: Provided further, That the Secretary shall, to the
        extent necessary to stay within the amount provided under this
        paragraph, pro rate each public housing agency's allocation
        otherwise established pursuant to this paragraph: Provided further,
        That the entire amount provided under this paragraph shall be
        obligated to the public housing agencies based on the allocation
        and pro rata method described above: Provided further, That public
        housing agencies participating in the Moving to Work demonstration
        shall be funded pursuant to their Moving to Work agreements and
        shall be subject to the same pro rata adjustments under the
        previous proviso: Provided further, That none of the funds provided
        in this paragraph may be used to support a total number of unit
        months under lease which exceeds a public housing agency's
        authorized level of units under contract;
            (2) $163,000,000 for section 8 rental assistance for relocation
        and replacement of housing units that are demolished or disposed of
        pursuant to the Omnibus Consolidated Rescissions and Appropriations
        Act of 1996 (Public Law 104-134), conversion of section 23 projects
        to assistance under section 8, the family unification program under
        section 8(x) of the Act, relocation of witnesses in connection with
        efforts to combat crime in public and assisted housing pursuant to
        a request from a law enforcement or prosecution agency, enhanced
        vouchers under any provision of law authorizing such assistance
        under section 8(t) of the Act, and tenant protection assistance,
        including replacement and relocation assistance;
            (3) $46,000,000 for family self-sufficiency coordinators under
        section 23 of the Act;
            (4) $2,904,000 shall be transferred to the Working Capital
        Fund; and
            (5) $1,210,107,000 for administrative and other expenses of
        public housing agencies in administering the section 8 tenant-based
        rental assistance program, of which up to $25,000,000 shall be
        available to the Secretary to allocate to public housing agencies
        that need additional funds to administer their section 8 programs:
        Provided, That $1,185,107,000 of the amount provided in this
        paragraph shall be allocated for the calendar year 2005 funding
        cycle on a pro rata basis to public housing agencies based on the
        amount public housing agencies were eligible to receive in calendar
        year 2004: Provided further, That all amounts provided under this
        paragraph shall be only for activities related to the provision of
        tenant-based rental assistance authorized under section 8,
        including related development activities.

                         Project-Based Rental Assistance

                          (Including Transfer of Funds)

        For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937, as
    amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise
    provided for, $5,341,000,000 to remain available until expended:
    Provided, That the amounts made available under this heading are
    provided as follows:
            (1) $5,237,100,000 for expiring or terminating section 8
        project-based subsidy contracts (including section 8 moderate
        rehabilitation contracts), for amendments to section 8 project-
        based subsidy contracts (including section 8 moderate
        rehabilitation contracts), for contracts entered into pursuant to
        section 441 of the McKinney-Vento Homeless Assistance Act, for
        renewal of section 8 contracts for units in projects that are
        subject to approved plans of action under the Emergency Low Income
        Housing Preservation Act of 1987 or the Low-Income Housing
        Preservation and Resident Homeownership Act of 1990, and for
        administrative and other expenses associated with project-based
        activities and assistance funded under this paragraph.
            (2) $101,900,000 for performance-based contract administrators
        for section 8 project-based assistance.
            (3) $2,000,000 shall be transferred to the Working Capital
        Fund.

                           Public Housing Capital Fund

                          (including transfer of funds)

        For the Public Housing Capital Fund Program to carry out capital
    and management activities for public housing agencies, as authorized
    under section 9 of the United States Housing Act of 1937, as amended
    (42 U.S.C. 1437g) (the ``Act'') $2,600,000,000, to remain available
    until September 30, 2008: Provided, That notwithstanding any other
    provision of law or regulation, during fiscal year 2005, the Secretary
    may not delegate to any Department official other than the Deputy
    Secretary and the Assistant Secretary for Public and Indian Housing any
    authority under paragraph (2) of section 9(j) regarding the extension
    of the time periods under such section: Provided further, That for
    purposes of such section 9(j), the term ``obligate'' means, with
    respect to amounts, that the amounts are subject to a binding agreement
    that will result in outlays, immediately or in the future: Provided
    further, That of the total amount provided under this heading, up to
    $38,700,000 shall be for carrying out activities under section 9(h) of
    such Act, of which $12,500,000 shall be for the provision of
    remediation services to public housing agencies identified as
    ``troubled'' under the Section 8 Management Assessment Program and for
    surveys used to calculate local Fair Market Rents and assess housing
    conditions in connection with rental assistance under section 8 of the
    Act: Provided further, That $10,150,000 shall be transferred to the
    Working Capital Fund: Provided further, That no funds may be used under
    this heading for the purposes specified in section 9(k) of the United
    States Housing Act of 1937, as amended: Provided further, That of the
    total amount provided under this heading, up to $30,000,000 shall be
    available for the Secretary of Housing and Urban Development to make
    grants, notwithstanding section 205 of this Act, to public housing
    agencies for emergency capital needs resulting from unforeseen
    emergencies and natural disasters occurring in fiscal year 2005:
    Provided further, That of the total amount provided under this heading,
    $53,500,000 shall be for supportive services, service coordinators and
    congregate services as authorized by section 34 of the Act and the
    Native American Housing Assistance and Self-Determination Act of 1996:
    Provided further, That up to $3,000,000 is to support the costs of
    administrative and judicial receiverships in effect prior to date of
    enactment of this Act: Provided further, That of the total amount
    provided under this heading, $15,000,000 shall be for Neighborhood
    Networks grants for activities authorized in section 9(d)(1)(E) of the
    United States Housing Act of 1937, as amended, of which up to
    $1,000,000 may be used for technical assistance in connection with such
    grants as authorized in section 9(h)(8) of such Act: Provided further,
    That notwithstanding any other provision of law, amounts made available
    in the previous proviso shall be awarded to public housing agencies on
    a competitive basis: Provided further, That notwithstanding section
    9(d)(1)(E) of the United States Housing Act of 1937, any Neighborhood
    Networks computer center established with funding made available under
    this heading in this or any other Act, shall be available for use by
    residents of public housing and residents of other housing assisted
    with funding made available under this title in this Act or any other
    Act.

                          public housing operating fund

        For 2005 payments to public housing agencies for the operation and
    management of public housing, as authorized by section 9(e) of the
    United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
    $2,458,000,000, of which $10,000,000 in bonus funds shall be provided
    to public housing agencies that assist program participants in moving
    away from dependency on housing assistance programs: Provided, That of
    the total amount provided under this heading, $8,000,000 shall be for
    programs, as determined appropriate by the Attorney General, which
    assist in the investigation, prosecution, and prevention of violent
    crimes and drug offenses in public and federally-assisted low-income
    housing, including Indian housing, which shall be administered by the
    Department of Justice through a cooperative agreement with the
    Department of Housing and Urban Development: Provided further, That any
    such 2005 payment shall be provided in an amount sufficient to cover
    only the period beginning with the start of a public housing agency's
    fiscal year and ending on December 31, 2005: Provided further, That for
    fiscal year 2006 and all fiscal years thereafter, the Secretary shall
    provide assistance under this heading to public housing agencies on a
    calendar year basis: Provided further, That, in fiscal year 2005 and
    all fiscal years hereafter, no amounts under this heading in any
    appropriations Act may be used for payments to public housing agencies
    for the costs of operation and management of public housing for any
    year prior to the current year of such Act: Provided further, That no
    funds may be used under this heading for the purposes specified in
    section 9(k) of the United States Housing Act of 1937, as amended.

          Revitalization of Severely Distressed Public Housing (Hope VI)

        For grants to public housing agencies for demolition, site
    revitalization, replacement housing, and tenant-based assistance grants
    to projects as authorized by section 24 of the United States Housing
    Act of 1937, as amended, $144,000,000, to remain available until
    September 30, 2006, of which the Secretary may use up to $4,000,000 for
    technical assistance and contract expertise, to be provided directly or
    indirectly by grants, contracts or cooperative agreements, including
    training and cost of necessary travel for participants in such
    training, by or to officials and employees of the department and of
    public housing agencies and to residents: Provided, That none of such
    funds shall be used directly or indirectly by granting competitive
    advantage in awards to settle litigation or pay judgments, unless
    expressly permitted herein.

                       native american housing block grants

                          (including transfers of funds)

        For the Native American Housing Block Grants program, as authorized
    under title I of the Native American Housing Assistance and Self-
    Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
    $627,000,000, to remain available until expended, of which $2,200,000
    shall be contracted through the Secretary as technical assistance and
    capacity building to be used by the National American Indian Housing
    Council in support of the implementation of NAHASDA; of which
    $4,500,000 shall be to support the inspection of Indian housing units,
    contract expertise, training, and technical assistance in the training,
    oversight, and management of Indian housing and tenant-based
    assistance, including up to $300,000 for related travel; and of which
    $2,600,000 shall be transferred to the Working Capital Fund: Provided,
    That of the amount provided under this heading, $2,000,000 shall be
    made available for the cost of guaranteed notes and other obligations,
    as authorized by title VI of NAHASDA: Provided further, That such
    costs, including the costs of modifying such notes and other
    obligations, shall be as defined in section 502 of the Congressional
    Budget Act of 1974, as amended: Provided further, That these funds are
    available to subsidize the total principal amount of any notes and
    other obligations, any part of which is to be guaranteed, not to exceed
    $17,926,000: Provided further, That for administrative expenses to
    carry out the guaranteed loan program, up to $150,000 from amounts in
    the first proviso, which shall be transferred to and merged with the
    appropriation for ``Salaries and expenses'', to be used only for the
    administrative costs of these guarantees.

                Indian Housing Loan Guarantee Fund Program Account

                          (including transfer of funds)

        For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
    13a), $5,000,000, to remain available until expended: Provided, That
    such costs, including the costs of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974, as
    amended: Provided further, That these funds are available to subsidize
    total loan principal, any part of which is to be guaranteed, not to
    exceed $145,345,000.
        In addition, for administrative expenses to carry out the
    guaranteed loan program, up to $250,000 from amounts in the first
    paragraph, which shall be transferred to and merged with the
    appropriation for ``Salaries and expenses'', to be used only for the
    administrative costs of these guarantees.

           Native Hawaiian Housing Loan Guarantee Fund Program Account

                          (including transfer of funds)

        For the cost of guaranteed loans, as authorized by section 184A of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
    13b), $1,000,000, to remain available until expended: Provided, That
    such costs, including the costs of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974, as
    amended: Provided further, That these funds are available to subsidize
    total loan principal, any part of which is to be guaranteed, not to
    exceed $37,403,000.
        In addition, for administrative expenses to carry out the
    guaranteed loan program, up to $35,000 from amounts in the first
    paragraph, which shall be transferred to and merged with the
    appropriation for ``Salaries and expenses'', to be used only for the
    administrative costs of these guarantees.

                       Community Planning and Development

                   Housing Opportunities for Persons With AIDS

        For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $284,000,000, to remain available until September 30,
    2006: Provided, That the Secretary shall renew all expiring contracts
    for permanent supportive housing that were funded under section
    854(c)(3) of such Act that meet all program requirements before
    awarding funds for new contracts and activities authorized under this
    section: Provided further, That the Secretary may use up to $2,500,000
    of the funds under this heading for training, oversight, and technical
    assistance activities.

                      Rural Housing and Economic Development

        For the Office of Rural Housing and Economic Development in the
    Department of Housing and Urban Development, $24,000,000 to remain
    available until expended, which amount shall be competitively awarded
    by September 1, 2005, to Indian tribes, State housing finance agencies,
    State community and/or economic development agencies, local rural
    nonprofits and community development corporations to support innovative
    housing and economic development activities in rural areas.

                     Empowerment Zones/Enterprise Communities

        For grants in connection with a second round of empowerment zones
    and enterprise communities, $10,000,000, to remain available until
    September 30, 2005, for ``Urban Empowerment Zones'', as authorized in
    section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C.
    1391(g)), including $666,666 for each empowerment zone for use in
    conjunction with economic development activities consistent with the
    strategic plan of each empowerment zone.

                            community development fund

                          (including transfers of funds)

        For assistance to units of State and local government, and to other
    entities, for economic and community development activities, and for
    other purposes, $4,709,000,000, to remain available until September 30,
    2007, unless otherwise specified: Provided, That of the amount
    provided, $4,150,035,000 is for carrying out the community development
    block grant program under title I of the Housing and Community
    Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C.
    5301 et seq.): Provided further, That unless explicitly provided for
    under this heading (except for planning grants provided in the third
    paragraph and amounts made available in the second paragraph), not to
    exceed 20 percent of any grant made with funds appropriated under this
    heading (other than a grant made available in this paragraph to the
    Housing Assistance Council or the National American Indian Housing
    Council, or a grant using funds under section 107(b)(3) of the Act)
    shall be expended for planning and management development and
    administration: Provided further, That $69,000,000 shall be for grants
    to Indian tribes notwithstanding section 106(a)(1) of such Act, of
    which, notwithstanding any other provision of law (including section
    205 of this Act), up to $4,000,000 may be used for emergencies that
    constitute imminent threats to health and safety; $3,300,000 shall be
    for a grant to the Housing Assistance Council; $2,400,000 shall be for
    a grant to the National American Indian Housing Council; $4,800,000
    shall be available as a grant to the National Housing Development
    Corporation, for operating expenses not to exceed $2,000,000 and for a
    program of affordable housing acquisition and rehabilitation;
    $4,800,000 shall be available as a grant to the Raza Development Fund
    of La Raza for the HOPE Fund, of which $500,000 is for technical
    assistance and fund management, and $4,300,000 is for investments in
    the HOPE Fund and financing to affiliated organizations; $43,700,000
    shall be for grants pursuant to section 107 of the Act, of which
    $9,000,000 shall be for the Native Hawaiian block grant authorized
    under title VIII of the Native American Housing Assistance and Self-
    Determination Act of 1996, to remain available until expended, of which
    $500,000 shall be for training and technical assistance; $3,465,000
    shall be transferred to the Working Capital Fund; $25,000,000 shall be
    for grants pursuant to the Self Help Homeownership Opportunity Program;
    $34,500,000 shall be for capacity building, of which $30,000,000 shall
    be for Capacity Building for Community Development and Affordable
    Housing for LISC and the Enterprise Foundation for activities as
    authorized by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
    9816 note), as in effect immediately before June 12, 1997, with not
    less than $5,000,000 of the funding to be used in rural areas,
    including tribal areas, and of which $4,500,000 shall be for capacity
    building activities administered by Habitat for Humanity International;
    $2,000,000 shall be for the Special Olympics National Games Organizing
    Committee for planning, equipment, and operational expenses associated
    with the 2006 games in Ames, Iowa; $62,000,000 shall be available for
    YouthBuild program activities authorized by subtitle D of title IV of
    the Cranston-Gonzalez National Affordable Housing Act, as amended, and
    such activities shall be an eligible activity with respect to any funds
    made available under this heading: Provided, That local YouthBuild
    programs that demonstrate an ability to leverage private and nonprofit
    funding shall be given a priority for YouthBuild funding: Provided
    further, That no more than 10 percent of any grant award under the
    YouthBuild program may be used for administrative costs: Provided
    further, That of the amount made available for YouthBuild not less than
    $9,000,000 is for grants to establish YouthBuild programs in
    underserved and rural areas and $2,000,000 is to be made available for
    a grant to YouthBuild USA for capacity building for community
    development and affordable housing activities as specified in section 4
    of the HUD Demonstration Act of 1993, as amended.
        Of the amount made available under this heading, $42,000,000 shall
    be available for neighborhood initiatives that are utilized to improve
    the conditions of distressed and blighted areas and neighborhoods, to
    stimulate investment, economic diversification, and community
    revitalization in areas with population outmigration or a stagnating or
    declining economic base, or to determine whether housing benefits can
    be integrated more effectively with welfare reform initiatives:
    Provided, That amounts made available under this paragraph shall be
    provided in accordance with the terms and conditions specified in the
    statement of managers accompanying this Act.
        Of the amount made available under this heading, $262,000,000 shall
    be available for grants for the Economic Development Initiative (EDI)
    to finance a variety of targeted economic investments in accordance
    with the terms and conditions specified in the statement of managers
    accompanying this Act: Provided, That none of the funds provided under
    this paragraph may be used for program operations.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number 2
    with respect to amounts made available for the City of Boaz, Alabama by
    striking ``facilities renovation and expansion'' and inserting
    ``construction of a new library''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number
    740 by striking ``facilities renovation and construction'' and
    inserting ``an economic development planning study''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number
    254 by striking ``Greater Community Council in Louisville, Kentucky for
    construction of a facility for low-income, disabled persons'' and
    inserting ``Portland Promise, Inc., in Louisville, Kentucky for a
    multi-purpose facility''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number 10
    with respect to amounts made available to the St. Stephen Family Life
    Center in Louisville, Kentucky by striking ``renovation'' and inserting
    ``construction''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number
    584 with respect to amounts made available for Queens Borough Public
    Library in Queens, New York by striking ``for facilities rehabilitation
    and expansion of the Parsons Boulevard complex'' and inserting ``for
    facilities construction and renovations''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    198 by striking ``$160,000 for the Pine Mountain Beautification and
    Economic Development project in Harris County, Georgia for streetscape
    improvements'' and inserting ``$60,000 for the Beautification and
    Economic Development project in Harris County, Georgia for
    construction; and $100,000 for the Beautification and Economic
    Development project in the Town of Pine Mountain, Georgia for
    streetscape improvements''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    96 with respect to amounts made available for the City of Corona,
    California by striking ``construction'' and inserting ``rehabilitation
    and conversion''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    257 with respect to amounts made available for Fort Dodge, Iowa by
    inserting ``planning, design and'' before the word ``facilities''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    776 with respect to amounts made available for Rice University by
    inserting ``planning, design and'' before the word ``construction''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    535 by striking ``facilities renovation, expansion and buildout for the
    D'Youville College Library Improvement project'' and inserting
    ``Administration building renovation''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number
    215 by striking ``construction of a fieldhouse located at 39th and
    Cottage Grove'' and inserting ``costs associated with construction of a
    LULA lift at Ogden Park''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number
    831 by striking ``Bread and Rose in Olympia, Washington for renovations
    to a homeless shelter'' and inserting ``Catholic Community Services in
    Olympia, Washington for construction of a homeless shelter''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    303 by striking ``Maine Environmental'' and inserting ``Marine
    Environmental''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    163 by striking ``a special needs evacuation, senior, multipurpose
    center'' and inserting ``for Lakefront improvements to Lake Toho''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    499 by striking ``relocation of and renovations to the Wolcott Carriage
    House'' and inserting ``facilities improvements to Erie Canal parks''.
        The referenced statement of the managers under this heading in
    title II of Public Law 107-73; H. Rept. 107-272 is deemed to be amended
    by striking ``Southern New Mexico Fair and Rodeo in Dona Ana County for
    infrastructure improvements and to build a multipurpose event center;''
    and inserting the following: ``Dona Ana County, New Mexico, for the
    Southern New Mexico State Fair to make infrastructure improvements and
    to build a multi-purpose event center;''.
        The referenced statement of the managers under this heading in
    title II of division G of the Consolidated Appropriations Resolution,
    2004 (Public Law 108-199; H. Rept. 108-401) is deemed to be amended
    with respect to item 218 by striking ``construction'' and inserting
    ``planning and design''.
        The statement of managers accompanying Public Law 106-74, as
    amended by chapter 8 of title II of the Emergency Supplemental Act,
    2000 (Public Law 106-246), is further amended by inserting ``, to
    remain available to be expended until September 30, 2007,'' after
    ``$25,000,000''.
        The referenced statement of managers under the heading in title II
    of division G of the Consolidated Appropriations Resolution, 2004
    (Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
    respect to numbers 418 and 423 by striking both specified grants and
    inserting ``418. $900,000 to Northland Neighborhoods, Inc., in Clay
    County, Missouri for the expansion of the current Home Repair Program
    to provide home repairs to low- to moderate-income neighborhoods;''.
        The referenced statement of managers under this heading in title II
    of division G of the Consolidated Appropriations Resolution, 2004
    (Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
    respect to item 791 by inserting ``for planning and design'' after
    ``Texas''.
        The referenced statement of managers under this heading in title II
    of division G of the Consolidated Appropriations Resolution, 2004
    (Public Law 108-199; H. Rept. 108-401) is deemed to be amended with
    respect to item 218 by striking ``construction'' and inserting
    ``planning and design''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    169 by striking ``for renovation of an aviation high technology
    facility'' and inserting the following: ``for a feasibility study of a
    facilities improvement to the Airco Complex and surrounding
    properties''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number
    740 by striking ``for facilities renovation and construction'' and
    inserting ``for development and continuation of the National Medal of
    Honor Museum of Military History''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    163 by striking ``for a special needs evacuation, senior, multipurpose
    center'' and inserting ``for construction at the Lakefront Improvement
    Project''.
        The referenced statement of the managers under this heading in
    Public Law 108-7 is deemed to be amended with respect to item number 54
    by striking ``for renovation of facilities'' and inserting ``for the
    Screen Education Center''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    104 by striking ``to Sonoma State University in California for
    construction of the Green Music Center'' and inserting ``to Center
    Point, Inc., to acquire and renovate a facility for the adolescent
    residential treatment center''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    4 by striking ``for renovation of the old Uniontown Middle School'' and
    inserting ``for enhancements to facilities for industrial
    development''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    583 by striking ``$200,000 to the North Carolina Museum of Natural
    Sciences for construction of the Nature Research Center'' and inserting
    ``$200,000 to the Friends of the North Carolina Museum of Natural
    Sciences for construction of the Nature Research Center''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    469 by striking ``to Rutgers University in New Jersey land acquisition
    for LEAP University High School'' and inserting ``to the LEAP Academy
    University Charter High School in Camden City, New Jersey for
    facilities construction, renovation, and buildout''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    575 by striking ``construction'' and inserting ``acquisition,
    renovation''.
        The referenced statement of the managers under this heading in
    Public Law 108-199 is deemed to be amended with respect to item number
    683 by striking ``for construction related to Bailey Park and downtown
    streetscape, beautification, building renovation and restoration'' and
    inserting ``for master plan development, building acquisition,
    demolition, renovation and restoration''.
        Section 167 of division H of Public Law 108-199 is amended by
    allocating the funding made available under the heading ``Community
    Development Fund for project number 177 (House Report 108-235) to the
    Chicago Children's Choir Academy in Illinois for facility design and
    construction''.
        The referenced statement of the managers under this heading in
    title II of division G of the Consolidated Appropriations Resolution,
    2004 (Public Law 108-199; H. Rept. 108-401) is deemed to be amended
    with respect to item 24 by striking ``Tuscaloosa County Commission for
    Community Development in Tuscaloosa County, Alabama;'' and inserting
    ``City of Tuscaloosa for community development in Tuscaloosa,
    Alabama;''.
        The referenced statement of the managers under this heading in
    title II of division G of the Consolidated Appropriations Resolution,
    2004 (Public Law 108-199; H. Rept. 108-401) is deemed to be amended
    with respect to item 796 by striking ``Community Center'' and inserting
    ``Convention Center''.

              community development loan guarantees program account

                          (including transfer of funds)

        For the cost of guaranteed loans, $6,000,000, to remain available
    until September 30, 2006, as authorized by section 108 of the Housing
    and Community Development Act of 1974, as amended: Provided, That such
    costs, including the cost of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize total
    loan principal, any part of which is to be guaranteed, not to exceed
    $275,000,000, notwithstanding any aggregate limitation on outstanding
    obligations guaranteed in section 108(k) of the Housing and Community
    Development Act of 1974, as amended.
        In addition, for administrative expenses to carry out the
    guaranteed loan program, $1,000,000, which shall be transferred to and
    merged with the appropriation for ``Salaries and expenses''.

                            Brownfields Redevelopment

        For competitive economic development grants, as authorized by
    section 108(q) of the Housing and Community Development Act of 1974, as
    amended, for Brownfields redevelopment projects, $24,000,000, to remain
    available until September 30, 2006.

                       HOME Investment Partnerships Program

                          (including transfer of funds)

        For the HOME investment partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended, $1,865,000,000, to remain available until September 30, 2007:
    Provided, That of the total amount provided in this paragraph, up to
    $42,000,000 shall be available for housing counseling under section 106
    of the Housing and Urban Development Act of 1968, and $2,000,000 shall
    be transferred to the Working Capital Fund.
        In addition to amounts otherwise made available under this heading,
    $50,000,000, to remain available until September 30, 2007, for
    assistance to homebuyers as authorized under title I of the American
    Dream Downpayment Act.

                            Homeless Assistance Grants

                          (including transfer of funds)

        For the emergency shelter grants program as authorized under
    subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
    as amended; the supportive housing program as authorized under subtitle
    C of title IV of such Act; the section 8 moderate rehabilitation single
    room occupancy program as authorized under the United States Housing
    Act of 1937, as amended, to assist homeless individuals pursuant to
    section 441 of the McKinney-Vento Homeless Assistance Act; and the
    shelter plus care program as authorized under subtitle F of title IV of
    such Act, $1,250,515,000, of which $1,230,515,000 shall remain
    available until September 30, 2007, and of which $20,000,000 shall
    remain available until expended: Provided, That not less than 30
    percent of funds made available, excluding amounts provided for
    renewals under the shelter plus care program, shall be used for
    permanent housing: Provided further, That all funds awarded for
    services shall be matched by 25 percent in funding by each grantee:
    Provided further, That the Secretary shall renew on an annual basis
    expiring contracts or amendments to contracts funded under the shelter
    plus care program if the program is determined to be needed under the
    applicable continuum of care and meets appropriate program requirements
    and financial standards, as determined by the Secretary: Provided
    further, That all awards of assistance under this heading shall be
    required to coordinate and integrate homeless programs with other
    mainstream health, social services, and employment programs for which
    homeless populations may be eligible, including Medicaid, State
    Children's Health Insurance Program, Temporary Assistance for Needy
    Families, Food Stamps, and services funding through the Mental Health
    and Substance Abuse Block Grant, Workforce Investment Act, and the
    Welfare-to-Work grant program: Provided further, That up to $11,500,000
    of the funds appropriated under this heading shall be available for the
    national homeless data analysis project and technical assistance:
    Provided further, That $2,500,000 of the funds appropriated under this
    heading shall be transferred to the Working Capital Fund: Provided
    further, That all balances for Shelter Plus Care renewals previously
    funded from the Shelter Plus Care Renewal account shall be transferred
    to this account, to be available for Shelter Plus Care renewals in
    fiscal year 2005.

                                Housing Programs

                             Housing for the Elderly

                          (including transfer of funds)

        For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959, as amended, and for project rental assistance
    for the elderly under section 202(c)(2) of such Act, including
    amendments to contracts for such assistance and renewal of expiring
    contracts for such assistance for up to a 1-year term, and for
    supportive services associated with the housing, $747,000,000, to
    remain available until September 30, 2008, of which amount $50,000,000
    shall be for service coordinators and the continuation of existing
    congregate service grants for residents of assisted housing projects,
    and of which amount up to $25,000,000 shall be for grants under section
    202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for conversion of
    eligible projects under such section to assisted living or related use
    and for emergency capital repairs as determined by the Secretary:
    Provided, That of the amount made available under this heading,
    $18,000,000 shall be available to the Secretary of Housing and Urban
    Development only for making competitive grants to private nonprofit
    organizations and consumer cooperatives for covering costs of
    architectural and engineering work, site control, and other planning
    relating to the development of supportive housing for the elderly that
    is eligible for assistance under section 202 of the Housing Act of 1959
    (12 U.S.C. 1701q): Provided further, That $450,000 shall be transferred
    to the Working Capital Fund: Provided further, That the Secretary may
    waive the provisions of section 202 governing the terms and conditions
    of project rental assistance, except that the initial contract term for
    such assistance shall not exceed 5 years in duration.
        Title II of the Departments of Veterans Affairs and Housing and
    Urban Development, and Independent Agencies Appropriations Act, 2004,
    is amended under this heading by striking the fourth proviso.

                      Housing for Persons With Disabilities

                          (including transfer of funds)

        For capital advance contracts, including amendments to capital
    advance contracts, for supportive housing for persons with
    disabilities, as authorized by section 811 of the Cranston-Gonzalez
    National Affordable Housing Act, for project rental assistance for
    supportive housing for persons with disabilities under section
    811(d)(2) of such Act, including amendments to contracts for such
    assistance and renewal of expiring contracts for such assistance for up
    to a 1-year term, and for supportive services associated with the
    housing for persons with disabilities as authorized by section
    811(b)(1) of such Act, and for tenant-based rental assistance contracts
    entered into pursuant to section 811 of such Act, $240,000,000:
    Provided, That $450,000 shall be transferred to the Working Capital
    Fund: Provided further, That, of the amount provided under this heading
    $28,890,000 shall be for amendments to existing tenant-based assistance
    contracts entered into prior to fiscal year 2004 (only one amendment
    authorized for any such contract): Provided further, That of the amount
    provided under this heading, the Secretary may make available up to
    $10,000,000 for incremental tenant-based rental assistance, as
    authorized by section 811 of such Act (which assistance is 5 years in
    duration): Provided further, That all tenant-based assistance made
    available under this heading shall continue to remain available only to
    persons with disabilities: Provided further, That the Secretary may
    waive the provisions of section 811 governing the terms and conditions
    of project rental assistance and tenant-based assistance, except that
    the initial contract term for such assistance shall not exceed 5 years
    in duration.
        Title II of the Departments of Veterans Affairs and Housing and
    Urban Development, and Independent Agencies Appropriations Act, 2004,
    is amended under this heading by striking the fourth proviso and
    inserting ``Provided further, That all section 811 balances
    outstanding, as of September 30, 2003, shall be transferred to the
    appropriation under this heading.''.

                              Flexible Subsidy Fund

                               (transfer of funds)

        From the Rental Housing Assistance Fund, all uncommitted balances
    of excess rental charges as of September 30, 2004, and any collections
    made during fiscal year 2005 and all subsequent fiscal years, shall be
    transferred to the Flexible Subsidy Fund, as authorized by section
    236(g) of the National Housing Act, as amended.

                       Manufactured Housing Fees Trust Fund

        For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974, as amended (42
    U.S.C. 5401 et seq.), up to $13,000,000 to remain available until
    expended, to be derived from the Manufactured Housing Fees Trust Fund:
    Provided, That not to exceed the total amount appropriated under this
    heading shall be available from the general fund of the Treasury to the
    extent necessary to incur obligations and make expenditures pending the
    receipt of collections to the Fund pursuant to section 620 of such Act:
    Provided further, That the amount made available under this heading
    from the general fund shall be reduced as such collections are received
    during fiscal year 2005 so as to result in a final fiscal year 2005
    appropriation from the general fund estimated at not more than $0 and
    fees pursuant to such section 620 shall be modified as necessary to
    ensure such a final fiscal year 2005 appropriation.

                         Federal Housing Administration

                    mutual mortgage insurance program account

                          (including transfers of funds)

        During fiscal year 2005, commitments to guarantee loans to carry
    out the purposes of section 203(b) of the National Housing Act, as
    amended, shall not exceed a loan principal of $185,000,000,000.
        During fiscal year 2005, obligations to make direct loans to carry
    out the purposes of section 204(g) of the National Housing Act, as
    amended, shall not exceed $50,000,000: Provided, That the foregoing
    amount shall be for loans to nonprofit and governmental entities in
    connection with sales of single family real properties owned by the
    Secretary and formerly insured under the Mutual Mortgage Insurance
    Fund.
        For administrative expenses necessary to carry out the guaranteed
    and direct loan program, $356,906,000, of which not to exceed
    $352,906,000 shall be transferred to the appropriation for ``Salaries
    and expenses''; and not to exceed $4,000,000 shall be transferred to
    the appropriation for ``Office of Inspector General''. In addition, for
    administrative contract expenses, $78,000,000, of which $15,000,000
    shall be transferred to the Working Capital Fund: Provided, That to the
    extent guaranteed loan commitments exceed $65,500,000,000 on or before
    April 1, 2005, an additional $1,400 for administrative contract
    expenses shall be available for each $1,000,000 in additional
    guaranteed loan commitments (including a pro rata amount for any amount
    below $1,000,000), but in no case shall funds made available by this
    proviso exceed $30,000,000.

                     General and Special Risk Program Account

                          (including transfers of funds)

        For the cost of guaranteed loans, as authorized by sections 238 and
    519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
    including the cost of loan guarantee modifications, as that term is
    defined in section 502 of the Congressional Budget Act of 1974, as
    amended, $10,000,000, to remain available until expended: Provided,
    That these funds are available to subsidize total loan principal, any
    part of which is to be guaranteed, of up to $35,000,000,000.
        Gross obligations for the principal amount of direct loans, as
    authorized by sections 204(g), 207(l), 238, and 519(a) of the National
    Housing Act, shall not exceed $50,000,000, of which not to exceed
    $30,000,000 shall be for bridge financing in connection with the sale
    of multifamily real properties owned by the Secretary and formerly
    insured under such Act; and of which not to exceed $20,000,000 shall be
    for loans to nonprofit and governmental entities in connection with the
    sale of single-family real properties owned by the Secretary and
    formerly insured under such Act.
        In addition, for administrative expenses necessary to carry out the
    guaranteed and direct loan programs, $227,767,000, of which
    $207,767,000 shall be transferred to the appropriation for ``Salaries
    and expenses''; and of which $20,000,000 shall be transferred to the
    appropriation for ``Office of Inspector General''.
        In addition, for administrative contract expenses necessary to
    carry out the guaranteed and direct loan programs, $86,000,000, of
    which $9,600,000 shall be transferred to the Working Capital Fund:
    Provided, That to the extent guaranteed loan commitments exceed
    $8,426,000,000 on or before April 1, 2005, an additional $1,980 for
    administrative contract expenses shall be available for each $1,000,000
    in additional guaranteed loan commitments over $8,426,000,000
    (including a pro rata amount for any increment below $1,000,000), but
    in no case shall funds made available by this proviso exceed
    $14,400,000.

                    Government National Mortgage Association

         Guarantees of Mortgage-Backed Securities Loan Guarantee Program
                                    Account

                          (including transfer of funds)

        New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C.
    1721(g)), shall not exceed $200,000,000,000, to remain available until
    September 30, 2006.
        For administrative expenses necessary to carry out the guaranteed
    mortgage-backed securities program, $10,695,000, to be derived from the
    GNMA guarantees of mortgage-backed securities guaranteed loan receipt
    account, of which not to exceed $10,695,000, shall be transferred to
    the appropriation for ``Salaries and expenses''.

                        Policy Development and Research

                             Research and Technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
    including carrying out the functions of the Secretary under section
    1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $45,500,000, to remain
    available until September 30, 2006: Provided, That of the total amount
    provided under this heading, $7,000,000 shall be for the Partnership
    for Advancing Technology in Housing (PATH) Initiative: Provided
    further, That of the amounts made available for PATH under this
    heading, $3,500,000 shall not be subject to the requirements of section
    205 of this title.

                       Fair Housing and Equal Opportunity

                             Fair Housing Activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $46,500,000, to remain available until September 30, 2006, of which
    $20,000,000 shall be to carry out activities pursuant to such section
    561: Provided, That no funds made available under this heading shall be
    used to lobby the executive or legislative branches of the Federal
    Government in connection with a specific contract, grant or loan.

                         Office of Lead Hazard Control

                              Lead Hazard Reduction

        For the Lead Hazard Reduction Program, as authorized by section
    1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $168,000,000, to remain available until September 30, 2006, of which
    $9,900,000 shall be for the Healthy Homes Initiative, pursuant to
    sections 501 and 502 of the Housing and Urban Development Act of 1970
    that shall include research, studies, testing, and demonstration
    efforts, including education and outreach concerning lead-based paint
    poisoning and other housing-related diseases and hazards: Provided,
    That for purposes of environmental review, pursuant to the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
    provisions of law that further the purposes of such Act, a grant under
    the Healthy Homes Initiative, Operation Lead Elimination Action Plan
    (LEAP), or the Lead Technical Studies program under this heading or
    under prior appropriations Acts for such purposes under this heading,
    shall be considered to be funds for a special project for purposes of
    section 305(c) of the Multifamily Housing Property Disposition Reform
    Act of 1994: Provided further, That of the total amount made available
    under this heading, $47,000,000 shall be made available on a
    competitive basis for areas with the highest lead paint abatement
    needs, as identified by the Secretary as having: (1) the highest number
    of occupied pre-1940 units of rental housing; and (2) a
    disproportionately high number of documented cases of lead-poisoned
    children: Provided further, That each grantee receiving funds under the
    previous proviso shall target those privately owned units and
    multifamily buildings that are occupied by low-income families as
    defined under section 3(b)(2) of the United States Housing Act of 1937:
    Provided further, That not less than 90 percent of the funds made
    available under this paragraph shall be used exclusively for abatement,
    inspections, risk assessments, temporary relocations and interim
    control of lead-based hazards as defined by 42 U.S.C. 4851: Provided
    further, That each recipient of funds provided under the first proviso
    shall make a matching contribution in an amount not less than 25
    percent: Provided further, That each applicant shall submit a detailed
    plan and strategy that demonstrates adequate capacity that is
    acceptable to the Secretary to carry out the proposed use of funds
    pursuant to a Notice of Funding Availability.

                         Management and Administration

                              Salaries and Expenses

                          (including transfer of funds)

        For necessary administrative and non-administrative expenses of the
    Department of Housing and Urban Development, not otherwise provided
    for, including purchase of uniforms, or allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles;
    services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for
    official reception and representation expenses, $1,120,000,000, of
    which $560,673,000 shall be provided from the various funds of the
    Federal Housing Administration, $10,695,000 shall be provided from
    funds of the Government National Mortgage Association, $1,000,000 shall
    be provided from the ``Community development loan guarantees program''
    account, $150,000 shall be provided by transfer from the ``Native
    American housing block grants'' account, $250,000 shall be provided by
    transfer from the ``Indian housing loan guarantee fund program''
    account and $35,000 shall be transferred from the ``Native Hawaiian
    housing loan guarantee fund'' account: Provided, That funds made
    available under this heading shall only be allocated in the manner
    specified in the report accompanying this Act unless the Committees on
    Appropriations of both the House of Representatives and the Senate are
    notified of any changes in an operating plan or reprogramming: Provided
    further, That no official or employee of the Department shall be
    designated as an allotment holder unless the Office of the Chief
    Financial Officer (OCFO) has determined that such allotment holder has
    implemented an adequate system of funds control and has received
    training in funds control procedures and directives: Provided further,
    That the Chief Financial Officer shall establish positive control of
    and maintain adequate systems of accounting for appropriations and
    other available funds as required by 31 U.S.C. 1514: Provided further,
    That for purposes of funds control and determining whether a violation
    exists under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the
    point of obligation shall be the executed agreement or contract, except
    with respect to insurance and guarantee programs, certain types of
    salaries and expenses funding, and incremental funding that is
    authorized under an executed agreement or contract, and shall be
    designated in the approved funds control plan: Provided further, That
    the Chief Financial Officer shall: (1) appoint qualified personnel to
    conduct investigations of potential or actual violations; (2) establish
    minimum training requirements and other qualifications for personnel
    that may be appointed to conduct investigations; (3) establish
    guidelines and timeframes for the conduct and completion of
    investigations; (4) prescribe the content, format and other
    requirements for the submission of final reports on violations; and (5)
    prescribe such additional policies and procedures as may be required
    for conducting investigations of, and administering, processing, and
    reporting on, potential and actual violations of the Anti-Deficiency
    Act and all other statutes and regulations governing the obligation and
    expenditure of funds made available in this or any other Act: Provided
    further, That up to $20,000,000 may be transferred to the Working
    Capital Fund: Provided further, That the Secretary shall fill 7 out of
    10 vacancies at the GS-14 and GS-15 levels until the total number of
    GS-14 and GS-15 positions in the Department has been reduced from the
    number of GS-14 and GS-15 positions on the date of enactment of Public
    Law 106-377 by 2\1/2\ percent.

                               Working Capital Fund

        For additional capital for the Working Capital Fund (42 U.S.C.
    3535) for the development of, modifications to, and infrastructure for
    Department-wide information technology systems, for the continuing
    operation of both Department-wide and program-specific information
    systems, and for program-related development activities, $270,000,000,
    to remain available until September 30, 2006: Provided, That any
    amounts transferred to this Fund under this Act shall remain available
    until expended: Provided further, That any amounts transferred to this
    Fund from amounts appropriated by previously enacted appropriations
    Acts or from within this Act may be used only for the purposes
    specified under this Fund, in addition to the purposes for which such
    amounts were appropriated.

                           Office of Inspector General

                          (including transfer of funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended,
    $104,000,000, of which $24,000,000 shall be provided from the various
    funds of the Federal Housing Administration: Provided, That the
    Inspector General shall have independent authority over all personnel
    issues within this office: Provided further, That $300,000 shall be
    transferred to the Working Capital Fund.

                 Office of Federal Housing Enterprise Oversight

                              Salaries and Expenses

                          (including transfer of funds)

        For carrying out the Federal Housing Enterprises Financial Safety
    and Soundness Act of 1992, including not to exceed $500 for official
    reception and representation expenses, $59,209,000, to remain available
    until expended, to be derived from the Federal Housing Enterprises
    Oversight Fund: Provided, That of the amount made available under this
    heading, $5,000,000 is for litigation and to continue ongoing special
    investigations of the Federal housing enterprises: Provided further,
    That the Director shall submit a spending plan for the amounts provided
    under this heading no later than January 15, 2005: Provided further,
    That not less than 80 percent of total amount made available under this
    heading shall be used only for examination, supervision, and capital
    oversight of the enterprises (as such term is defined in section 1303
    of the Federal Housing Enterprises Financial Safety and Soundness Act
    of 1992 (12 U.S.C. 4502)) to ensure that the enterprises are operating
    in a financially safe and sound manner and complying with the capital
    requirements under Subtitle B of such Act: Provided further, That not
    to exceed the amount provided herein shall be available from the
    general fund of the Treasury to the extent necessary to incur
    obligations and make expenditures pending the receipt of collections to
    the Fund: Provided further, That the general fund amount shall be
    reduced as collections are received during the fiscal year so as to
    result in a final appropriation from the general fund estimated at not
    more than $0.

                           Public and Indian Housing

                             HOUSING CERTIFICATE FUND

                                   (RESCISSION)

        Of the unobligated balances, including recaptures and carryover,
    remaining from funds appropriated to the Department of Housing and
    Urban Development under this heading or the heading ``Annual
    contributions for assisted housing'' or any other heading for fiscal
    year 2004 and prior years, $1,557,000,000 is rescinded, to be effected
    by the Secretary no later than September 30, 2005: Provided, That any
    such balances governed by reallocation provisions under the statute
    authorizing the program for which the funds were originally
    appropriated shall be available for the rescission: Provided further,
    That any obligated balances of contract authority from fiscal year 1974
    and prior that have been terminated shall be cancelled: Provided
    further, That no amounts recaptured from amounts appropriated in prior
    years under this heading or the heading ``Annual contributions for
    assisted housing'' and no carryover of such appropriated amounts for
    project-based assistance shall be available for the calendar year 2005
    funding cycle for activities provided for under the heading ``Tenant-
    based rental assistance'': Provided further, That amounts recaptured
    under this heading or the heading ``Annual contributions for assisted
    housing'' from amounts appropriated for project-based section 8
    activities may be used for amendments to section 8 project-based
    subsidy contracts or for performance-based contract administrators,
    notwithstanding the purposes for which such amounts were appropriated.

                  drug elimination grants for low-income housing

                                   (rescission)

        Of the unobligated balances remaining from funds appropriated in
    fiscal year 2001 and prior years under the heading ``Drug elimination
    grants for low-income housing'', $5,000,000 are rescinded.

                       native american housing block grants

                                   (rescission)

        Of the unobligated balances remaining from funds appropriated in
    fiscal year 2004 and prior years under the heading ``Native American
    housing block grants'' for activities related to title VI of NAHASDA,
    $21,000,000 are rescinded.

                  indian housing loan guarantee program account

                                   (rescission)

        Of the unobligated balances remaining from funds appropriated in
    fiscal year 2004 and prior years under the heading ``Indian housing
    loan guarantee fund program account'' for activities related to the
    cost of guaranteed loans, $33,000,000 are rescinded.

                                Housing Programs

                            rental housing assistance

                                   (rescission)

        Of the amounts made available under the heading ``Rent Supplement''
    in Public Law 98-63 for amendments to contracts under section 101 of
    the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and
    section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in
    State-aided, non-insured rental housing projects, up to $675,000,000 is
    cancelled.

                         Federal Housing Administration

                     general and special risk program account

                                   (rescission)

        Of the unobligated balances remaining from credit subsidy
    appropriated in fiscal year 2004 and prior years under the heading
    ``General and special risk program account'', $30,000,000 are
    rescinded.

                           Administrative Provisions

        Sec. 201. Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
    of 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of
    cash, shall be remitted to the Treasury, and such amounts of budget
    authority or cash recaptured and not rescinded or remitted to the
    Treasury shall be used by State housing finance agencies or local
    governments or local housing agencies with projects approved by the
    Secretary of Housing and Urban Development for which settlement
    occurred after January 1, 1992, in accordance with such section.
    Notwithstanding the previous sentence, the Secretary may award up to 15
    percent of the budget authority or cash recaptured and not rescinded or
    remitted to the Treasury to provide project owners with incentives to
    refinance their project at a lower interest rate.
        Sec. 202. None of the amounts made available under this Act may be
    used during fiscal year 2005 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a non-frivolous legal
    action, that is engaged in solely for the purpose of achieving or
    preventing action by a Government official or entity, or a court of
    competent jurisdiction.
        Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
    made available under this title for fiscal year 2005 that are allocated
    under such section, the Secretary of Housing and Urban Development
    shall allocate and make a grant, in the amount determined under
    subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under clause
        (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal year
        2005 under such clause (ii) because the areas in the State outside
        of the metropolitan statistical areas that qualify under clause (i)
        in fiscal year 2005 do not have the number of cases of acquired
        immunodeficiency syndrome (AIDS) required under such clause.
        (b) The amount of the allocation and grant for any State described
    in subsection (a) shall be an amount based on the cumulative number of
    AIDS cases in the areas of that State that are outside of metropolitan
    statistical areas that qualify under clause (i) of such section
    854(c)(1)(A) in fiscal year 2005, in proportion to AIDS cases among
    cities and States that qualify under clauses (i) and (ii) of such
    section and States deemed eligible under subsection (a).
        (c) Notwithstanding any other provision of law, the amount
    allocated for fiscal year 2005 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New
    York, on behalf of the New York-Wayne-White Plains, New York-New Jersey
    Metropolitan Division (hereafter ``metropolitan division'') of the New
    York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
    adjusted by the Secretary of Housing and Urban Development by: (1)
    allocating to the City of Jersey City, New Jersey, the proportion of
    the metropolitan area's or division's amount that is based on the
    number of cases of AIDS reported in the portion of the metropolitan
    area or division that is located in Hudson County, New Jersey, and
    adjusting for the proportion of the metropolitan division's high
    incidence bonus if this area in New Jersey also has a higher than
    average per capita incidence of AIDS; and (2) allocating to the City of
    Paterson, New Jersey, the proportion of the metropolitan area's or
    division's amount that is based on the number of cases of AIDS reported
    in the portion of the metropolitan area or division that is located in
    Bergen County and Passaic County, New Jersey, and adjusting for the
    proportion of the metropolitan division's high incidence bonus if this
    area in New Jersey also has a higher than average per capita incidence
    of AIDS. The recipient cities shall use amounts allocated under this
    subsection to carry out eligible activities under section 855 of the
    AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
    portions of the metropolitan division that is located in New Jersey.
        Sec. 204. (a) During fiscal year 2005, in the provision of rental
    assistance under section 8(o) of the United States Housing Act of 1937
    (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
    economy and effectiveness of providing such assistance for use in
    assisted living facilities that is carried out in the counties of the
    State of Michigan specified in subsection (b) of this section,
    notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), a
    family residing in an assisted living facility in any such county, on
    behalf of which a public housing agency provides assistance pursuant to
    section 8(o)(18) of such Act, may be required, at the time the family
    initially receives such assistance, to pay rent in an amount exceeding
    40 percent of the monthly adjusted income of the family by such a
    percentage or amount as the Secretary of Housing and Urban Development
    determines to be appropriate.
        (b) The counties specified in this subsection are Oakland County,
    Macomb County, Wayne County, and Washtenaw County, in the State of
    Michigan.
        Sec. 205. Except as explicitly provided in law, any grant,
    cooperative agreement or other assistance made pursuant to title II of
    this Act shall be made on a competitive basis and in accordance with
    section 102 of the Department of Housing and Urban Development Reform
    Act of 1989.
        Sec. 206. Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a
    contract or fee basis, and for utilizing and making payment for
    services and facilities of the Federal National Mortgage Association,
    Government National Mortgage Association, Federal Home Loan Mortgage
    Corporation, Federal Financing Bank, Federal Reserve banks or any
    member thereof, Federal Home Loan banks, and any insured bank within
    the meaning of the Federal Deposit Insurance Corporation Act, as
    amended (12 U.S.C. 1811-1831).
        Sec. 207. Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.
        Sec. 208. Corporations and agencies of the Department of Housing
    and Urban Development which are subject to the Government Corporation
    Control Act, as amended, are hereby authorized to make such
    expenditures, within the limits of funds and borrowing authority
    available to each such corporation or agency and in accordance with
    law, and to make such contracts and commitments without regard to
    fiscal year limitations as provided by section 104 of such Act as may
    be necessary in carrying out the programs set forth in the budget for
    2005 for such corporation or agency except as hereinafter provided:
    Provided, That collections of these corporations and agencies may be
    used for new loan or mortgage purchase commitments only to the extent
    expressly provided for in this Act (unless such loans are in support of
    other forms of assistance provided for in this or prior appropriations
    Acts), except that this proviso shall not apply to the mortgage
    insurance or guaranty operations of these corporations, or where loans
    or mortgage purchases are necessary to protect the financial interest
    of the United States Government.
        Sec. 209. None of the funds provided in this title for technical
    assistance, training, or management improvements may be obligated or
    expended unless HUD provides to the Committees on Appropriations a
    description of each proposed activity and a detailed budget estimate of
    the costs associated with each program, project or activity as part of
    the Budget Justifications. For fiscal year 2005, HUD shall transmit
    this information to the Committees by March 15, 2005 for 30 days of
    review.
        Sec. 210. The Secretary of Housing and Urban Development shall
    provide quarterly reports to the House and Senate Committees on
    Appropriations regarding all uncommitted, unobligated, recaptured and
    excess funds in each program and activity within the jurisdiction of
    the Department and shall submit additional, updated budget information
    to these Committees upon request.
        Sec. 211. Notwithstanding any other provision of law, in fiscal
    year 2005, in managing and disposing of any multifamily property that
    is owned or held by the Secretary and is occupied primarily by elderly
    or disabled families, the Secretary of Housing and Urban Development
    shall maintain any rental assistance payments under section 8 of the
    United States Housing Act of 1937 that are attached to any dwelling
    units in the property. To the extent the Secretary determines that such
    a multifamily property owned or held by the Secretary is not feasible
    for continued rental assistance payments under such section 8, the
    Secretary may, in consultation with the tenants of that property,
    contract for project-based rental assistance payments with an owner or
    owners of other existing housing properties or provide other rental
    assistance.
        Sec. 212. (a) Notwithstanding any other provision of law, the
    amount allocated for fiscal year 2005 under section 854(c) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
    Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
    New Jersey Metropolitan Division (hereafter ``metropolitan division''),
    shall be adjusted by the Secretary of Housing and Urban Development by
    allocating to the State of New Jersey the proportion of the
    metropolitan division's amount that is based on the number of cases of
    AIDS reported in the portion of the metropolitan division that is
    located in New Jersey. The State of New Jersey shall use amounts
    allocated to the State under this subsection to carry out eligible
    activities under section 855 of the AIDS Housing Opportunity Act (42
    U.S.C. 12904) in the portion of the metropolitan division that is
    located in New Jersey.
        (b) Notwithstanding any other provision of law, the Secretary of
    Housing and Urban Development shall allocate to Wake County, North
    Carolina, the amounts that otherwise would be allocated for fiscal year
    2005 under section 854(c) of the AIDS Housing Opportunity Act (42
    U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
    the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
    amounts allocated to Wake County shall be used to carry out eligible
    activities under section 855 of such Act (42 U.S.C. 12904) within such
    metropolitan statistical area.
        (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
    Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
    Development may adjust the allocation of the amounts that otherwise
    would be allocated for fiscal year 2005 under section 854(c) of such
    Act, upon the written request of an applicant, in conjunction with the
    State(s), for a formula allocation on behalf of a metropolitan
    statistical area, to designate the State or States in which the
    metropolitan statistical area is located as the eligible grantee(s) of
    the allocation. In the case that a metropolitan statistical area
    involves more than one State, such amounts allocated to each State
    shall be in proportion to the number of cases of AIDS reported in the
    portion of the metropolitan statistical area located in that State. Any
    amounts allocated to a State under this section shall be used to carry
    out eligible activities within the portion of the metropolitan
    statistical area located in that State.
        Sec. 213. Notwithstanding any other provision of law, for this
    fiscal year and every fiscal year thereafter, funds appropriated for
    housing for the elderly, as authorized by section 202 of the Housing
    Act of 1959, as amended, and for supportive housing for persons with
    disabilities, as authorized by section 811 of the Cranston-Gonzalez
    National Affordable Housing Act, shall be available for the cost of
    maintaining and disposing of such properties that are acquired or
    otherwise become the responsibility of the Department.
        Sec. 214. The Secretary of Housing and Urban Development shall
    submit an annual report no later than August 30, 2005 and annually
    thereafter to the House and Senate Committees on Appropriations
    regarding the number of Federally assisted units under lease and the
    per unit cost of these units to the Department of Housing and Urban
    Development.
        Sec. 215. The Department of Housing and Urban Development shall
    submit the Department's fiscal year 2006 congressional budget
    justifications to the Committees on Appropriations of the House of
    Representatives and the Senate using the identical structure provided
    under this Act and only in accordance with the direction specified in
    the report accompanying this Act.
        Sec. 216. That incremental voucher previously made available under
    the heading ``Housing Certificate Fund'' for non-elderly disabled
    families shall, to the extent practicable, continue to be provided to
    non-elderly disabled families upon turnover.
        Sec. 217. The installment contract between the Village of Hanna
    City, Illinois and the General Services Administration is in the nature
    of a purchase money mortgage which will be paid off at initial closing.
    The Department of Housing and Urban Development shall accept the
    Village of Hanna City, Illinois' holding of equitable title to this
    property as sufficient for the purposes of the section 202 housing
    program.
        Sec. 218. A public housing agency or such other entity that
    administers Federal housing assistance in the States of Alaska, Iowa,
    and Mississippi shall not be required to include a resident of public
    housing or a recipient of assistance provided under section 8 of the
    United States Housing Act of 1937 on the board of directors or a
    similar governing board of such agency or entity as required under
    section (2)(b) of such Act. Each public housing agency or other entity
    that administers Federal housing assistance under section 8 in the
    States of Alaska, Iowa and Mississippi shall establish an advisory
    board of not less than 6 residents of public housing or recipients of
    section 8 assistance to provide advice and comment to the public
    housing agency or other administering entity on issues related to
    public housing and section 8. Such advisory board shall meet not less
    than quarterly.
        Sec. 219. (a) Section 536(b)(1) of the National Housing Act (12
    U.S.C. 1735f-14(b)(1)) is amended by adding the following new
    subparagraph at the end:
                ``(J) Failure to perform a required physical inspection of
            the mortgaged property.''.
        (b) Section 537(c)(1)(B)(ii) of such Act (12 U.S.C. 1735f-
    15(c)(1)(B)(ii)) is amended by inserting after ``rents,'' the
    following: ``other revenues, or contract rights,''.
        (c) Section 537(c)(1)(B)(x) of such Act (12 U.S.C. 1735f-
    15(c)(1)(B)(x)) is amended to read as follows:
                    ``(x) Failure to furnish the Secretary, by the
                expiration of the 90-day period beginning on the first day
                after the completion of each fiscal year (unless the
                Secretary has approved an extension of the 90-day period in
                writing), with a complete annual financial report, in
                accordance with requirements prescribed by the Secretary,
                including requirements that the report be--

                        ``(I) based upon an examination of the books and
                    records of the mortgagor;
                        ``(II) prepared and certified to by an independent
                    public accountant or a certified public accountant
                    (unless the Secretary has waived this requirement in
                    writing); and
                        ``(III) certified to by the mortgagor or an
                    authorized representative of the mortgagor.

    ``The Secretary shall approve an extension where the mortgagor
    demonstrates that failure to comply with this clause is due to events
    beyond the control of the mortgagor.''.
        Sec. 220. Section 421 of the Housing and Community Development Act
    of 1987 (12 U.S.C. 1715z-4a) is amended--
            (1) in subsection (a)(1)(A), by inserting after ``project'' the
        following: ``, nursing home, intermediate care facility, board and
        care home, assisted living facility, or hospital'';
            (2) in subsection (a)(1)(B), by inserting after ``is'' the
        following: ``or, at the time of the violations, was'';
            (3) in the second sentence of subsection(a)(1), by striking
        ``project'' and inserting ``property'';
            (4) in subsection (a)(2) by striking ``which'' and all that
        follows through ``any owner'' and inserting the following: ``that
        owns or operates a property, as identified in the regulatory
        agreement, including but not limited to--
                ``(A) any stockholder holding 25 percent or more interest
            of a corporation that owns that property;
                ``(B) any beneficial owner of the property under any
            business or trust;
                ``(C) any officer, director, or partner of an entity owning
            or controlling the property;
                ``(D) any nursing home lessee or operator;
                ``(E) any hospital lessee or operator;
                ``(F) any other person or entity that controls the property
            regardless of that person or entity's official relationship to
            the property; and
                ``(G) any heir, assignee, successor in interest, or agent
            of any person or entity described in the preceding
            subparagraphs'';
            (5) in subsection (c), by striking ``project'' the first two
        places it appears and inserting ``property''; and
            (6) in subsection (d), by striking ``project'' and inserting
        ``a property's''.
        Sec. 221. Section 204(h) of the National Housing Act (12 U.S.C.
    1710(h)) is amended--
            (1) in paragraph (2)--
                (A) by striking ``following assets of the Secretary'' and
            inserting ``following categories of assets of the Secretary,
            unless the Secretary determines at any time that the asset
            property is economically or otherwise infeasible to
            rehabilitate or that the best use of the asset property is as
            open space (including park land)'';
                (B) in subparagraph (B)(ii), by inserting after ``Act'' the
            following: ``except for mortgages insured under or made
            pursuant to sections 235, 247, or 255''; and
                (C) by striking subparagraph (C);
            (2) in the second sentence of paragraph (3), by inserting after
        ``government'' the following: ``, States, and Indian tribes'';
            (3) in paragraph (4)--
                (A) in subparagraph (A)(i), by inserting after
            ``government'' the following: ``, State, or Indian tribe'';
                (B) by revising subparagraph (B)(ii) to read as follows:
                    ``(ii) purchases all assets of the Secretary in the
                category or categories of eligible assets set forth in the
                sale agreement required under paragraph (7) that, at any
                time during the period which shall be set forth in the sale
                agreement--

                        ``(I) are or become eligible for purchase under
                    this subsection; and
                        ``(II) are located in the asset control area of the
                    purchaser; and''; and

                (C) in subparagraph (C), by striking ``purchase of eligible
            assets under'' and inserting ``purchase of the category or
            categories of eligible assets set forth in the sale agreement
            under'';
            (4) in paragraph (6)--
                (A) by revising subparagraph (C) to read as follows:
                ``(C) Discounts.--The Secretary, in the sole discretion of
            the Secretary, shall establish the discount under this
            paragraph for an eligible asset. In determining the discount,
            the Secretary may consider the condition of the asset property,
            the extent of resources available to the preferred purchaser,
            the comprehensive revitalization plan undertaken by such
            purchaser, the financial safety and soundness of the Mutual
            Mortgage Insurance Fund, and any other circumstances the
            Secretary considers appropriate''; and
                (B) by striking subparagraph (D);
            (5) in paragraph (7)(A), by striking ``eligible assets to be
        purchased and the interests sold'' and inserting ``category or
        categories of eligible assets to be purchased and, based on the
        purchaser's capacity to manage and dispose of assets, the maximum
        number of assets owned by the Secretary at the time the sale
        agreement is executed that shall be sold to the purchaser''; and
            (6) in paragraph (8)--
                (A) in subparagraph (F), by inserting after ``State'' the
            following: ``, and any agency or instrumentality thereof that
            is established pursuant to legislation and designated by the
            chief executive officer to act on behalf of the jurisdiction
            with regard to the provisions of this subsection''; and
                (B) by adding the following new subparagraphs at the end:
                ``(G) State.--The term `State' means any State of the
            United States, the District of Columbia, the Commonwealth of
            Puerto Rico, Guam, American Samoa, the Virgin Islands, the
            Northern Mariana Islands, or any agency or instrumentality
            thereof that is established pursuant to legislation and
            designated by the chief executive officer to act on behalf of
            the State with regard to provisions of this subjection.
                ``(H) Indian tribe.--The term `Indian tribe' has the same
            meaning as in section 248(i)(I) of this Act.''.
        Sec. 222. Section 203(c) of the National Housing Act (12 U.S.C.
    1709(c)), as amended, is further amended in paragraph (1) by striking
    ``subsections (n) and (k)'' and inserting ``subsection (n)'' and
    striking ``or (k)''.
        Sec. 223. Section 203(c)(2)(A) of the National Housing Act (12
    U.S.C. 1709(c)(2)(A)) is amended in the last sentence after
    ``subparagraph'' by inserting the following: ``, provided that the
    mortgagor refinances the unpaid principal obligation under title II of
    this Act''. This provision shall apply to loans that become insured on
    or after date of enactment of this Act.
        Sec. 224. The portion of any athletic scholarship assistance that
    is available for housing costs shall be considered adjusted income for
    purposes of section 3(b)(5) of the United States Housing Act of 1937.
    The Secretary of Housing and Urban Development shall by notice
    establish criteria under which persons who receive athletic scholarship
    assistance may be denied housing assistance under the United States
    Housing Act of 1937.
        Sec. 225. The funds made available for Native Alaskans under the
    heading ``Native American Housing Block Grants'' in title II of this
    Act shall be allocated to the same Native Alaskan housing block grant
    recipients that received funds in fiscal year 2004.

                        TITLE III--INDEPENDENT AGENCIES

                      American Battle Monuments Commission

                              Salaries and Expenses

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one for replacement only)
    and hire of passenger motor vehicles; not to exceed $7,500 for official
    reception and representation expenses; and insurance of official motor
    vehicles in foreign countries, when required by law of such countries,
    $41,100,000, to remain available until expended.

                      foreign currency fluctuations account

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, $12,000,000, to remain available until
    expended, for purposes authorized by 36 U.S.C. 2109.

                 Chemical Safety and Hazard Investigation Board

                             salaries and expenses

        For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, as amended, including hire of
    passenger vehicles, uniforms or allowances therefore, as authorized by
    5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
    rates for individuals not to exceed the per diem equivalent to the
    maximum rate payable for senior level positions under 5 U.S.C. 5376,
    $9,100,000: Provided, That the Chemical Safety and Hazard Investigation
    Board (Board) shall have not more than three career Senior Executive
    Service positions: Provided further, That notwithstanding any other
    provision of law, the individual appointed to the position of Inspector
    General of the Environmental Protection Agency (EPA) shall, by virtue
    of such appointment, also hold the position of Inspector General of the
    Board: Provided further, That notwithstanding any other provision of
    law, the Inspector General of the Board shall utilize personnel of the
    Office of Inspector General of EPA in performing the duties of the
    Inspector General of the Board, and shall not appoint any individuals
    to positions within the Board.

                                 emergency fund

        For necessary expenses of the Chemical Safety and Hazard
    Investigation Board for accident investigations not otherwise provided
    for, $400,000, to remain available until expended.

                           Department of the Treasury

                  Community Development Financial Institutions

        Community Development Financial Institutions Fund Program Account

        To carry out the Community Development Banking and Financial
    Institutions Act of 1994, including services authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the rate for ES-3, $55,522,000, to remain available until
    September 30, 2006, of which $4,000,000 shall be for financial
    assistance, technical assistance, training and outreach programs
    designed to benefit Native American, Native Hawaiian, and Alaskan
    Native communities and provided primarily through qualified community
    development lender organizations with experience and expertise in
    community development banking and lending in Indian country, Native
    American organizations, tribes and tribal organizations and other
    suitable providers, and up to $14,900,000 may be used for
    administrative expenses, including administration of the New Markets
    Tax Credit, up to $6,000,000 may be used for the cost of direct loans,
    and up to $250,000 may be used for administrative expenses to carry out
    the direct loan program: Provided, That the cost of direct loans,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $11,000,000.

                       Consumer Product Safety Commission

                              salaries and expenses

        For necessary expenses of the Consumer Product Safety Commission,
    including hire of passenger motor vehicles, services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
    purchase of nominal awards to recognize non-Federal officials'
    contributions to Commission activities, and not to exceed $500 for
    official reception and representation expenses, $62,650,000.

                 Corporation for National and Community Service

            national and community service programs operating expenses

                          (including transfer of funds)

        For necessary expenses for the Corporation for National and
    Community Service (the ``Corporation'') in carrying out programs,
    activities, and initiatives under the National and Community Service
    Act of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $545,884,000, to
    remain available until September 30, 2006: Provided, That not more than
    $290,000,000 of the amount provided under this heading shall be
    available for grants under the National Service Trust Program
    authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et
    seq.) (relating to activities of the AmeriCorps program), including
    grants to organizations operating projects under the AmeriCorps
    Education Awards Program (without regard to the requirements of
    sections 121(d) and (e), section 131(e), section 132, and sections
    140(a), (d), and (e) of the Act): Provided further, That not less than
    $144,000,000 of the amount provided under this heading, to remain
    available without fiscal year limitation, shall be transferred to the
    National Service Trust for educational awards authorized under subtitle
    D of title I of the Act (42 U.S.C. 12601), of which up to $3,900,000
    shall be available to support national service scholarships for high
    school students performing community service, and of which $13,000,000
    shall be held in reserve as defined in Public Law 108-45: Provided
    further, That in addition to amounts otherwise provided to the National
    Service Trust under the second proviso, the Corporation may transfer
    funds from the amount provided under the first proviso, to the National
    Service Trust authorized under subtitle D of title I of the Act (42
    U.S.C. 12601) upon determination that such transfer is necessary to
    support the activities of national service participants and after
    notice is transmitted to Congress: Provided further, That of the amount
    provided under this heading for grants under the National Service Trust
    program authorized under subtitle C of title I of the Act, not more
    than $55,000,000 may be used to administer, reimburse, or support any
    national service program authorized under section 121(d)(2) of such Act
    (42 U.S.C. 12581(d)(2)): Provided further, That not more than
    $13,334,000 shall be available for quality and innovation activities
    authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et
    seq.), of which $4,000,000 shall be available for challenge grants to
    non-profit organizations: Provided further, That notwithstanding
    subtitle H of title I of the Act (42 U.S.C. 12853), none of the funds
    provided under the previous proviso shall be used to support salaries
    and related expenses (including travel) attributable to Corporation
    employees: Provided further, That to the maximum extent feasible, funds
    appropriated under subtitle C of title I of the Act shall be provided
    in a manner that is consistent with the recommendations of peer review
    panels in order to ensure that priority is given to programs that
    demonstrate quality, innovation, replicability, and sustainability:
    Provided further, That $25,500,000 of the funds made available under
    this heading shall be available for the Civilian Community Corps
    authorized under subtitle E of title I of the Act (42 U.S.C. 12611 et
    seq.): Provided further, That $43,000,000 shall be available for
    school-based and community-based service-learning programs authorized
    under subtitle B of title I of the Act (42 U.S.C. 12521 et seq.):
    Provided further, That $3,550,000 shall be available for audits and
    other evaluations authorized under section 179 of the Act (42 U.S.C.
    12639): Provided further, That $10,000,000 of the funds made available
    under this heading shall be made available for the Points of Light
    Foundation for activities authorized under title III of the Act (42
    U.S.C. 12661 et seq.), of which not more than $2,500,000 may be used to
    support an endowment fund, the corpus of which shall remain intact and
    the interest income from which shall be used to support activities
    described in title III of the Act, provided that the Foundation may
    invest the corpus and income in federally insured bank savings accounts
    or comparable interest bearing accounts, certificates of deposit, money
    market funds, mutual funds, obligations of the United States, and other
    market instruments and securities but not in real estate investments:
    Provided further, That no funds shall be available for national service
    programs run by Federal agencies authorized under section 121(b) of
    such Act (42 U.S.C. 12571(b)): Provided further, That $4,500,000 of the
    funds made available under this heading shall be made available to
    America's Promise--The Alliance for Youth, Inc.: Provided further, That
    to the maximum extent practicable, the Corporation shall increase
    significantly the level of matching funds and in-kind contributions
    provided by the private sector, and shall reduce the total Federal
    costs per participant in all programs.

                              SALARIES AND EXPENSES

        For necessary expenses of administration as provided under section
    501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C.
    12501 et seq.) including payment of salaries, authorized travel, hire
    of passenger motor vehicles, the rental of conference rooms in the
    District of Columbia, the employment of experts and consultants
    authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official
    reception and representation expenses, $26,000,000.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended, $6,000,000,
    to remain available until September 30, 2006.

                            administrative provisions

        Notwithstanding any other provision of law, the term ``qualified
    student loan'' with respect to national service education awards shall
    mean any loan determined by an institution of higher education to be
    necessary to cover a student's cost of attendance at such institution
    and made, insured, or guaranteed directly to a student by a State
    agency, in addition to other meanings under section 148(b)(7) of the
    National and Community Service Act.
        Notwithstanding any other provision of law, funds made available
    under section 129(d)(5)(B) of the National and Community Service Act to
    assist entities in placing applicants who are individuals with
    disabilities may be provided to any entity that receives a grant under
    section 121 of the Act.
        The Inspector General of the Corporation for National and Community
    Service shall conduct random audits of the grantees that administer
    activities under the AmeriCorps programs and shall levy sanctions in
    accordance with standard Inspector General audit resolution procedures
    which include, but are not limited to, debarment of any grantee (or
    successor in interest or any entity with substantially the same person
    or persons in control) that has been determined to have committed any
    substantial violations of the requirements of the AmeriCorps programs,
    including any grantee that has been determined to have violated the
    prohibition of using Federal funds to lobby the Congress: Provided,
    That the Inspector General shall obtain reimbursements in the amount of
    any misused funds from any grantee that has been determined to have
    committed any substantial violations of the requirements of the
    AmeriCorps programs.
        For fiscal year 2005, the Corporation shall make any significant
    changes to program requirements or policy only through public notice
    and comment rulemaking. For fiscal year 2005, during any grant
    selection process, no officer or employee of the Corporation shall
    knowingly disclose any covered grant selection information regarding
    such selection, directly or indirectly, to any person other than an
    officer or employee of the Corporation that is authorized by the
    Corporation to receive such information.

                   U.S. Court of Appeals for Veterans Claims

                              salaries and expenses

        For necessary expenses for the operation of the United States Court
    of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298,
    $17,250,000, of which $1,100,000 shall be available for the purpose of
    providing financial assistance as described, and in accordance with the
    process and reporting procedures set forth, under this heading in
    Public Law 102-229.

                          Department of Defense--Civil

                           Cemeterial Expenses, Army

                              salaries and expenses

        For necessary expenses, as authorized by law, for maintenance,
    operation, and improvement of Arlington National Cemetery and Soldiers'
    and Airmen's Home National Cemetery, including the purchase of one
    passenger motor vehicle for replacement only, and not to exceed $1,000
    for official reception and representation expenses, $29,600,000, to
    remain available until expended.

                    Department of Health and Human Services

                         National Institutes of Health

               national institute of environmental health sciences

        For necessary expenses for the National Institute of Environmental
    Health Sciences in carrying out activities set forth in section 311(a)
    of the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended, and section 126(g) of the Superfund
    Amendments and Reauthorization Act of 1986, $80,486,000.

                Agency for Toxic Substances and Disease Registry

                toxic substances and environmental public health

        For necessary expenses for the Agency for Toxic Substances and
    Disease Registry (ATSDR) in carrying out activities set forth in
    sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980
    (CERCLA), as amended; section 118(f) of the Superfund Amendments and
    Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
    Solid Waste Disposal Act, as amended, $76,654,000: Provided, That
    notwithstanding any other provision of law, in lieu of performing a
    health assessment under section 104(i)(6) of CERCLA, the Administrator
    of ATSDR may conduct other appropriate health studies, evaluations, or
    activities, including, without limitation, biomedical testing, clinical
    evaluations, medical monitoring, and referral to accredited health care
    providers: Provided further, That in performing any such health
    assessment or health study, evaluation, or activity, the Administrator
    of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
    CERCLA: Provided further, That none of the funds appropriated under
    this heading shall be available for ATSDR to issue in excess of 40
    toxicological profiles pursuant to section 104(i) of CERCLA during
    fiscal year 2005, and existing profiles may be updated as necessary.

                        Environmental Protection Agency

                              science and technology

                          (including transfer of funds)

        For science and technology, including research and development
    activities, which shall include research and development activities
    under the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended; necessary expenses for personnel and
    related costs and travel expenses, including uniforms, or allowances
    therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
    by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
    diem rate equivalent to the maximum rate payable for senior level
    positions under 5 U.S.C. 5376; procurement of laboratory equipment and
    supplies; other operating expenses in support of research and
    development; construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $85,000 per project,
    $750,061,000, which shall remain available until September 30, 2006:
    Provided, That of the amounts made available under this heading
    $1,000,000 shall be transferred to the Office of Environmental Quality
    Management fund.

                      environmental programs and management

        For environmental programs and management, including necessary
    expenses, not otherwise provided for, for personnel and related costs
    and travel expenses, including uniforms, or allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the maximum rate payable for senior level positions under
    5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
    operation of aircraft; purchase of reprints; library memberships in
    societies or associations which issue publications to members only or
    at a price to members lower than to subscribers who are not members;
    construction, alteration, repair, rehabilitation, and renovation of
    facilities, not to exceed $85,000 per project; and not to exceed $9,000
    for official reception and representation expenses, $2,313,409,000,
    which shall remain available until September 30, 2006, including
    administrative costs of the brownfields program under the Small
    Business Liability Relief and Brownfields Revitalization Act of 2002.

                           office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, and for construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $85,000 per project,
    $38,000,000, to remain available until September 30, 2006.

                             Buildings and Facilities

        For construction, repair, improvement, extension, alteration, and
    purchase of fixed equipment or facilities of, or for use by, the
    Environmental Protection Agency, $39,000,000, to remain available until
    expended.

                          Hazardous Substance Superfund

                          (including transfers of funds)

        For necessary expenses to carry out the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
    including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
    9611), and for construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $85,000 per project;
    $1,257,537,000, to remain available until expended, consisting of such
    sums as are available in the Trust Fund upon the date of enactment of
    this Act as authorized by section 517(a) of the Superfund Amendments
    and Reauthorization Act of 1986 (SARA) and up to $1,257,537,000 as a
    payment from general revenues to the Hazardous Substance Superfund for
    purposes as authorized by section 517(b) of SARA, as amended: Provided,
    That funds appropriated under this heading may be allocated to other
    Federal agencies in accordance with section 111(a) of CERCLA: Provided
    further, That of the funds appropriated under this heading, $13,000,000
    shall be transferred to the ``Office of Inspector General''
    appropriation to remain available until September 30, 2006, and
    $36,097,000 shall be transferred to the ``Science and technology''
    appropriation to remain available until September 30, 2006.

                     leaking underground storage tank program

        For necessary expenses to carry out leaking underground storage
    tank cleanup activities authorized by section 205 of the Superfund
    Amendments and Reauthorization Act of 1986, and for construction,
    alteration, repair, rehabilitation, and renovation of facilities, not
    to exceed $85,000 per project, $70,000,000, to remain available until
    expended.

                                oil spill response

        For expenses necessary to carry out the Environmental Protection
    Agency's responsibilities under the Oil Pollution Act of 1990,
    $16,000,000, to be derived from the Oil Spill Liability trust fund, to
    remain available until expended.

                        State and Tribal Assistance Grants

        For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $3,604,182,000, to remain available until expended,
    of which $1,100,000,000 shall be for making capitalization grants for
    the Clean Water State Revolving Funds under title VI of the Federal
    Water Pollution Control Act, as amended (the ``Act''), of which up to
    $50,000,000 shall be available for loans, including interest free loans
    as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
    municipal, interstate, or State agencies or nonprofit entities for
    projects that provide treatment for or that minimize sewage or
    stormwater discharges using one or more approaches which include, but
    are not limited to, decentralized or distributed stormwater controls,
    decentralized wastewater treatment, low-impact development practices,
    conservation easements, stream buffers, or wetlands restoration;
    $850,000,000 shall be for capitalization grants for the Drinking Water
    State Revolving Funds under section 1452 of the Safe Drinking Water
    Act, as amended, except that, notwithstanding section 1452(n) of the
    Safe Drinking Water Act, as amended, none of the funds made available
    under this heading in this Act, or in previous appropriations Acts,
    shall be reserved by the Administrator for health effects studies on
    drinking water contaminants; $50,000,000 shall be for architectural,
    engineering, planning, design, construction and related activities in
    connection with the construction of high priority water and wastewater
    facilities in the area of the United States-Mexico Border, after
    consultation with the appropriate border commission; $45,000,000 shall
    be for grants to the State of Alaska to address drinking water and
    waste infrastructure needs of rural and Alaska Native Villages:
    Provided, That, of these funds: (1) the State of Alaska shall provide a
    match of 25 percent; (2) no more than 5 percent of the funds may be
    used for administrative and overhead expenses; and (3) not later than
    October 1, 2005 the State of Alaska shall make awards consistent with
    the State-wide priority list established in 2004 for all water, sewer,
    waste disposal, and similar projects carried out by the State of Alaska
    that are funded under section 221 of the Federal Water Pollution
    Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
    Development Act (7 U.S.C. 1921 et seq.) which shall allocate not less
    than 25 percent of the funds provided for projects in regional hub
    communities; $4,000,000 shall be for remediation of above ground
    leaking fuel tanks pursuant to Public Law 106-554; $309,925,000 shall
    be for making grants for the construction of drinking water, wastewater
    and storm water infrastructure and for water quality protection in
    accordance with the terms and conditions specified for such grants in
    the joint explanatory statement of the managers accompanying this Act,
    and, for purposes of these grants, each grantee shall contribute not
    less than 45 percent of the cost of the project unless the grantee is
    approved for a waiver by the Agency; $90,000,000 shall be to carry out
    section 104(k) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (CERCLA), as amended, including
    grants, interagency agreements, and associated program support costs;
    $7,500,000 for a cost-shared grant program to school districts for
    necessary upgrades of their diesel bus fleets; and $1,145,757,000 shall
    be for grants, including associated program support costs, to States,
    federally recognized tribes, interstate agencies, tribal consortia, and
    air pollution control agencies for multi-media or single media
    pollution prevention, control and abatement and related activities,
    including activities pursuant to the provisions set forth under this
    heading in Public Law 104-134, and for making grants under section 103
    of the Clean Air Act for particulate matter monitoring and data
    collection activities of which and subject to terms and conditions
    specified by the Administrator, of which $50,000,000 shall be for
    carrying out section 128 of CERCLA, as amended, and $19,500,000 shall
    be for Environmental Information Exchange Network grants, including
    associated program support costs, and $18,000,000 shall be for making
    competitive targeted watershed grants: Provided further, That for
    fiscal year 2005, State authority under section 302(a) of Public Law
    104-182 shall remain in effect: Provided further, That notwithstanding
    section 603(d)(7) of the Act, the limitation on the amounts in a State
    water pollution control revolving fund that may be used by a State to
    administer the fund shall not apply to amounts included as principal in
    loans made by such fund in fiscal year 2005 and prior years where such
    amounts represent costs of administering the fund to the extent that
    such amounts are or were deemed reasonable by the Administrator,
    accounted for separately from other assets in the fund, and used for
    eligible purposes of the fund, including administration: Provided
    further, That for fiscal year 2005, and notwithstanding section 518(f)
    of the Act, the Administrator is authorized to use the amounts
    appropriated for any fiscal year under section 319 of that Act to make
    grants to Indian tribes pursuant to sections 319(h) and 518(e) of that
    Act: Provided further, That for fiscal year 2005, notwithstanding the
    limitation on amounts in section 518(c) of the Act, up to a total of
    1\1/2\ percent of the funds appropriated for State Revolving Funds
    under title VI of that Act may be reserved by the Administrator for
    grants under section 518(c) of such Act: Provided further, That no
    funds provided by this legislation to address the water, wastewater and
    other critical infrastructure needs of the colonias in the United
    States along the United States-Mexico border shall be made available to
    a county or municipal government unless that government has established
    an enforceable local ordinance, or other zoning rule, which prevents in
    that jurisdiction the development or construction of any additional
    colonia areas, or the development within an existing colonia the
    construction of any new home, business, or other structure which lacks
    water, wastewater, or other necessary infrastructure: Provided further,
    That the referenced statement of the managers under this heading in
    Public Law 108-7, in reference to item number 471, is deemed to be
    amended by striking everything after ``for'' and inserting the
    following: ``for water infrastructure improvements'': Provided further,
    That the referenced statement of the managers under this heading in
    Public Law 108-199, in reference to item number 22, is deemed to be
    amended by striking everything after ``22.'' and inserting the
    following: ``$200,000 to Jackson County, Alabama, for water system
    improvements and $200,000 to the City of Muscle Shoals, Alabama, for
    water and sewer infrastructure improvements'': Provided further, That
    the referenced statement of the managers under this heading in Public
    Law 108-199, in reference to item number 158, is deemed to be amended
    by inserting ``water and'' after ``for'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    107-73 is deemed to be amended by striking ``Southeast'' in reference
    to item 9 and inserting ``Southwest'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    107-73, in reference to item number 103, is deemed to be amended by
    striking everything after the word ``for'', and adding, ``the City of
    Chicago, Illinois for water infrastructure improvements at the Thomas
    Jefferson and Lakeview Pumping Stations'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    108-199, in reference to item number 484, is deemed to be amended by
    striking ``City of Norfolk'' and inserting ``Portsmouth Virginia'':
    Provided further, That the referenced statement of the managers under
    this heading in Public Law 108-199, in reference to item number 283, is
    deemed to be amended by striking ``City of Kalispell, Montana'' and
    inserting ``Flathead County Water and Sewer District No. 1--
    Evergreen'': Provided further, That the referenced statement of
    managers under this heading in Public Law 108-7, in reference to item
    number 139, is deemed to be amended by striking ``State of Hawaii
    Health Department'' and inserting ``County of Hawaii'': Provided
    further, That the referenced statement of managers under this heading
    in Public Law 108-199, in reference to item number 148, is deemed to be
    amended by striking everything after the word ``for'' and inserting
    ``the replacement of cesspools in Hawaii, $250,000 to the City and
    County of Honolulu for Varona Village, $500,000 to the County of Hawaii
    and the remainder to the Housing and Community Development Corporation
    of Hawaii;'': Provided further, That the referenced statement of the
    managers under this heading in Public Law 108-199, in reference to item
    number 388, is deemed to be amended by striking everything after the
    word ``for'' and inserting ``the Southeast Water Treatment Plant in
    Lawton, Oklahoma for water and wastewater infrastructure
    improvements;'': Provided further, That the referenced statement of the
    managers under this heading in Public Law 106-377, in reference to item
    number 46, is deemed to be amended by striking ``to construct pump
    stations, force mains, storage lagoons and spray irrigation facility'',
    and inserting ``for wastewater treatment improvements'': Provided
    further, That the referenced statement of the managers under this
    heading in Public Law 108-199, in reference to item number 409, is
    deemed to be amended by striking ``City of'' and ``Pennsylvania'':
    Provided further, That the referenced statement of the managers under
    this heading in Public Law 108-199, in reference to item number 265, is
    deemed to be amended by striking ``Franklin County'', and inserting
    ``Okhissa Lake Sewer District'': Provided further, That the referenced
    statement of the managers under this heading in Public Law 108-199, in
    reference to item number 322, is deemed to be amended by inserting
    ``and water'' after ``wastewater'': Provided further, That the
    referenced statement of the managers under this heading in Public Law
    108-199, in reference to item number 173, is deemed to be amended by
    inserting ``planning, design and'' prior to ``construction'': Provided
    further, notwithstanding any other provision of law, the Environmental
    Protection Agency and the New York State Department of Environmental
    Conservation are authorized to award a $2,000,000 grant to the Town of
    Wheatfield, Niagara County, New York for the construction of sanitary
    collector sewers from funds realloted to the State of New York under
    title II of the Clean Water Act: Provided further, That the referenced
    statement of the managers under this heading in Public Law 108-199, in
    reference to item number 184, is deemed to be amended by striking ``be
    divided equally between'' and by striking ``and'' and inserting in
    place of ``and'', ``or''.

                            Administrative Provisions

        For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and
    6305(1), the Administrator of the Environmental Protection Agency, in
    carrying out the Agency's function to implement directly Federal
    environmental programs required or authorized by law in the absence of
    an acceptable tribal program, may award cooperative agreements to
    federally-recognized Indian Tribes or Intertribal consortia, if
    authorized by their member Tribes, to assist the Administrator in
    implementing Federal environmental programs for Indian Tribes required
    or authorized by law, except that no such cooperative agreements may be
    awarded from funds designated for State financial assistance
    agreements.
        The Administrator of the Environmental Protection Agency is
    authorized to collect and obligate pesticide registration service fees
    in accordance with section 33 of the Federal Insecticide, Fungicide,
    and Rodenticide Act (as added by subsection (f)(2) of the Pesticide
    Registration Improvement Act of 2003), as amended.
        Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for
    fiscal year 2005 may be used to award grants or loans under section
    104(k) of CERCLA to eligible entities that satisfy all of the elements
    set forth in CERCLA section 101(40) to qualify as a bona fide
    prospective purchaser except that the date of acquisition of the
    property was prior to the date of enactment of the Small Business
    Liability Relief and Brownfield Revitalization Act of 2001.
        The Administrator may hereafter receive and use funds contributed
    by a non-Federal sponsor as its share of the cost of a project to carry
    out a project under paragraph (c)(12) of section 118 of the Federal
    Water Pollution Control Act, as amended.

                       Executive Office of the President

                     Office of Science and Technology Policy

        For necessary expenses of the Office of Science and Technology
    Policy, in carrying out the purposes of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
    6601 and 6671), hire of passenger motor vehicles, and services as
    authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
    reception and representation expenses, and rental of conference rooms
    in the District of Columbia, $6,379,000.

       Council on Environmental Quality and Office of Environmental Quality

        For necessary expenses to continue functions assigned to the
    Council on Environmental Quality and Office of Environmental Quality
    pursuant to the National Environmental Policy Act of 1969, the
    Environmental Quality Improvement Act of 1970, and Reorganization Plan
    No. 1 of 1977, and not to exceed $750 for official reception and
    representation expenses, $3,284,000: Provided, That notwithstanding
    section 202 of the National Environmental Policy Act of 1970, the
    Council shall consist of one member, appointed by the President, by and
    with the advice and consent of the Senate, serving as chairman and
    exercising all powers, functions, and duties of the Council.

                     Federal Deposit Insurance Corporation

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $30,125,000, to be derived from the Bank Insurance Fund, the
    Savings Association Insurance Fund, and the FSLIC Resolution Fund.

                        General Services Administration

                     federal citizen information center fund

        For necessary expenses of the Federal Citizen Information Center,
    including services authorized by 5 U.S.C. 3109, $14,907,000, to be
    deposited into the Federal Citizen Information Center Fund: Provided,
    That the appropriations, revenues, and collections deposited into the
    Fund shall be available for necessary expenses of Federal Citizen
    Information Center activities in the aggregate amount not to exceed
    $27,000,000. Appropriations, revenues, and collections accruing to this
    Fund during fiscal year 2005 in excess of such amount shall remain in
    the Fund and shall not be available for expenditure except as
    authorized in appropriations Acts.

               United States Interagency Council on Homelessness

                                OPERATING EXPENSES

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms, and the employment of experts and consultants under section 3109
    of title 5, United States Code) of the United States Interagency
    Council on Homelessness in carrying out the functions pursuant to title
    II of the McKinney-Vento Homeless Assistance Act, as amended,
    $1,500,000.

                 National Aeronautics and Space Administration

                       Science, Aeronautics And Exploration

                          (including transfer of funds)

        For necessary expenses, not otherwise provided for, in the conduct
    and support of science, aeronautics and exploration research and
    development activities, including research, development, operations,
    support and services; maintenance; construction of facilities including
    repair, rehabilitation, revitalization, and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and restoration, and acquisition or
    condemnation of real property, as authorized by law; environmental
    compliance and restoration; space flight, spacecraft control and
    communications activities including operations, production, and
    services; program management; personnel and related costs, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    travel expenses; purchase and hire of passenger motor vehicles; not to
    exceed $35,000 for official reception and representation expenses; and
    purchase, lease, charter, maintenance and operation of mission and
    administrative aircraft, $7,742,550,000, to remain available until
    September 30, 2006, of which amounts as determined by the Administrator
    for salaries and benefits; training, travel and awards; facility and
    related costs; information technology services; science, engineering,
    fabricating and testing services; and other administrative services may
    be transferred to ``Exploration capabilities'' in accordance with
    section 312(b) of the National Aeronautics and Space Act of 1958, as
    amended by Public Law 106-377.

                             Exploration Capabilities

                          (including transfer of funds)

        For necessary expenses, not otherwise provided for, in the conduct
    and support of exploration capabilities research and development
    activities, including research, development, operations, support and
    services; maintenance; construction of facilities including repair,
    rehabilitation, revitalization and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and acquisition or condemnation of real
    property, as authorized by law; environmental compliance and
    restoration; space flight, spacecraft control and communications
    activities including operations, production, and services; program
    management; personnel and related costs, including uniforms or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
    expenses; purchase and hire of passenger motor vehicles; not to exceed
    $35,000 for official reception and representation expenses; and
    purchase, lease, charter, maintenance and operation of mission and
    administrative aircraft, $8,425,850,000, to remain available until
    September 30, 2006, of which amounts as determined by the Administrator
    for salaries and benefits; training, travel and awards; facility and
    related costs; information technology services; science, engineering,
    fabricating and testing services; and other administrative services may
    be transferred to ``Science, aeronautics and exploration'' in
    accordance with section 312(b) of the National Aeronautics and Space
    Act of 1958, as amended by Public Law 106-377.

                           Office of Inspector General

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended,
    $31,600,000.

                            Administrative Provisions

        Notwithstanding the limitation on the availability of funds
    appropriated for ``Science, aeronautics and exploration'', or
    ``Exploration capabilities'' by this appropriations Act, when any
    activity has been initiated by the incurrence of obligations for
    construction of facilities or environmental compliance and restoration
    activities as authorized by law, such amount available for such
    activity shall remain available until expended. This provision does not
    apply to the amounts appropriated for institutional minor
    revitalization and construction of facilities, and institutional
    facility planning and design.
        Notwithstanding the limitation on the availability of funds
    appropriated for ``Science, aeronautics and exploration'', or
    ``Exploration capabilities'' by this appropriations Act, the amounts
    appropriated for construction of facilities shall remain available
    until September 30, 2007.
        The unexpired balances of prior appropriations to NASA for
    activities for which funds are provided under this Act may be
    transferred to the new account established for the appropriation that
    provides such activity under this Act. Balances so transferred may be
    merged with funds in the newly established account and thereafter may
    be accounted for as one fund under the same terms and conditions but
    shall remain available for the same period of time as originally
    appropriated.
        From amounts made available in this Act for these activities,
    subject to the operating plan procedures of the House and Senate
    Committees on Appropriations, the Administrator may transfer amounts
    between the ``Science, aeronautics, and exploration'' account and the
    ``Exploration capabilities'' account.
        Funds for announced prizes otherwise authorized shall remain
    available, without fiscal year limitation, until the prize is claimed
    or the offer is withdrawn. Funding shall not be made available for
    Centennial Challenges unless authorized.
        Funding made available under the headings ``Exploration
    capabilities'' and ``Science, aeronautics, and exploration'' in this
    Act shall be governed by the terms and conditions specified in the
    statement of managers except to the extent changes are made in
    accordance with the operating plan procedures of the House and Senate
    Committees on Appropriations.

                      National Credit Union Administration

                            Central Liquidity Facility

        During fiscal year 2005, gross obligations of the Central Liquidity
    Facility for the principal amount of new direct loans to member credit
    unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
    $1,500,000,000: Provided, That administrative expenses of the Central
    Liquidity Facility in fiscal year 2005 shall not exceed $310,000.

                    Community Development Revolving Loan Fund

        For the Community Development Revolving Loan Fund program as
    authorized by 42 U.S.C. 9812, 9822, and 9910, $1,000,000 shall be
    available: Provided, That of this amount $200,000, together with
    amounts of principal and interest on loans repaid, is available until
    expended for loans to community development credit unions, and $800,000
    is available until September 30, 2006, for technical assistance to low-
    income and community development credit unions.

                          National Science Foundation

                         Research and Related Activities

        For necessary expenses in carrying out the National Science
    Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
    to establish a National Medal of Science (42 U.S.C. 1880-1881);
    services as authorized by 5 U.S.C. 3109; maintenance and operation of
    aircraft and purchase of flight services for research support;
    acquisition of aircraft; $4,254,593,000, of which not to exceed
    $350,000,000 shall remain available until expended for Polar research
    and operations support, and for reimbursement to other Federal agencies
    for operational and science support and logistical and other related
    activities for the United States Antarctic program; the balance to
    remain available until September 30, 2006: Provided, That receipts for
    scientific support services and materials furnished by the National
    Research Centers and other National Science Foundation supported
    research facilities may be credited to this appropriation: Provided
    further, That to the extent that the amount appropriated is less than
    the total amount authorized to be appropriated for included program
    activities, all amounts, including floors and ceilings, specified in
    the authorizing Act for those program activities or their subactivities
    shall be reduced proportionally: Provided further, That $95,000,000 of
    the funds available under this heading shall be made available for a
    comprehensive research initiative on plant genomes for economically
    significant crops: Provided further, That, not to exceed $25,954,000 of
    these funds shall be for all costs, direct and indirect, associated
    with personnel assignments under the Intergovernmental Personnel Act.

               major research equipment and facilities construction

        For necessary expenses for the acquisition, construction,
    commissioning, and upgrading of major research equipment, facilities,
    and other such capital assets pursuant to the National Science
    Foundation Act of 1950, as amended, including authorized travel,
    $175,050,000, to remain available until expended.

                          education and human resources

        For necessary expenses in carrying out science and engineering
    education and human resources programs and activities pursuant to the
    National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
    1875), including services as authorized by 5 U.S.C. 3109, and rental of
    conference rooms in the District of Columbia, $848,207,000, to remain
    available until September 30, 2006: Provided, That to the extent that
    the amount of this appropriation is less than the total amount
    authorized to be appropriated for included program activities, all
    amounts, including floors and ceilings, specified in the authorizing
    Act for those program activities or their subactivities shall be
    reduced proportionally: Provided further, That not to exceed $5,500,000
    of these funds shall be for all costs, direct and indirect, associated
    with personnel assignments under the Intergovernmental Personnel Act.

                              salaries and expenses

        For salaries and expenses necessary in carrying out the National
    Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
    services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
    not to exceed $9,000 for official reception and representation
    expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
    5901-5902; rental of conference rooms in the District of Columbia; and
    reimbursement of the General Services Administration for security guard
    services; $225,000,000: Provided, That contracts may be entered into
    under ``Salaries and expenses'' in fiscal year 2005 for maintenance and
    operation of facilities, and for other services, to be provided during
    the next fiscal year.

                       office of the NATIONAL SCIENCE BOARD

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code) involved
    in carrying out section 4 of the National Science Foundation Act of
    1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
    $4,000,000: Provided, That not more than $9,000 shall be available for
    official reception and representation expenses.

                           office of inspector general

        For necessary expenses of the Office of Inspector General as
    authorized by the Inspector General Act of 1978, as amended,
    $10,110,000, to remain available until September 30, 2006.

                     Neighborhood Reinvestment Corporation

               payment to the neighborhood reinvestment corporation

        For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by the Neighborhood
    Reinvestment Corporation Act (42 U.S.C. 8101-8107), $115,000,000, of
    which $5,000,000 shall be for a multi-family rental housing program.

                            Selective Service System

                              salaries and expenses

        For necessary expenses of the Selective Service System, including
    expenses of attendance at meetings and of training for uniformed
    personnel assigned to the Selective Service System, as authorized by 5
    U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
    passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
    not to exceed $750 for official reception and representation expenses;
    $26,300,000: Provided, That during the current fiscal year, the
    President may exempt this appropriation from the provisions of 31
    U.S.C. 1341, whenever the President deems such action to be necessary
    in the interest of national defense: Provided further, That none of the
    funds appropriated by this Act may be expended for or in connection
    with the induction of any person into the Armed Forces of the United
    States.

          White House Commission on the National Moment of Remembrance

        For necessary expenses of the White House Commission on the
    National Moment of Remembrance, $250,000.

                          TITLE IV--GENERAL PROVISIONS

        Sec. 401. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 402. No funds appropriated by this Act may be expended--
            (1) pursuant to a certification of an officer or employee of
        the United States unless--
                (A) such certification is accompanied by, or is part of, a
            voucher or abstract which describes the payee or payees and the
            items or services for which such expenditure is being made; or
                (B) the expenditure of funds pursuant to such
            certification, and without such a voucher or abstract, is
            specifically authorized by law; and
            (2) unless such expenditure is subject to audit by the General
        Accounting Officer or is specifically exempt by law from such
        audit.
        Sec. 403. None of the funds provided in this Act to any department
    or agency may be obligated or expended for: (1) the transportation of
    any officer or employee of such department or agency between the
    domicile and the place of employment of the officer or employee, with
    the exception of an officer or employee authorized such transportation
    under 31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook,
    chauffeur, or other personal servants to any officer or employee of
    such department or agency.
        Sec. 404. None of the funds provided in this Act may be used for
    payment, through grants or contracts, to recipients that do not share
    in the cost of conducting research resulting from proposals not
    specifically solicited by the Government: Provided, That the extent of
    cost sharing by the recipient shall reflect the mutuality of interest
    of the grantee or contractor and the Government in the research.
        Sec. 405. None of the funds provided in this Act may be used,
    directly or through grants, to pay or to provide reimbursement for
    payment of the salary of a consultant (whether retained by the Federal
    Government or a grantee) at more than the daily equivalent of the rate
    paid for level IV of the Executive Schedule, unless specifically
    authorized by law.
        Sec. 406. None of the funds provided in this Act may be used to pay
    the expenses of, or otherwise compensate, non-Federal parties
    intervening in regulatory or adjudicatory proceedings. Nothing herein
    affects the authority of the Consumer Product Safety Commission
    pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C.
    2056 et seq.).
        Sec. 407. Except as otherwise provided under existing law, or under
    an existing Executive order issued pursuant to an existing law, the
    obligation or expenditure of any appropriation under this Act for
    contracts for any consulting service shall be limited to contracts
    which are: (1) a matter of public record and available for public
    inspection; and (2) thereafter included in a publicly available list of
    all contracts entered into within 24 months prior to the date on which
    the list is made available to the public and of all contracts on which
    performance has not been completed by such date. The list required by
    the preceding sentence shall be updated quarterly and shall include a
    narrative description of the work to be performed under each such
    contract.
        Sec. 408. None of the funds appropriated in this Act may be used to
    implement any cap on reimbursements to grantees for indirect costs,
    except as published in Office of Management and Budget Circular A-21.
        Sec. 409. Such sums as may be necessary for fiscal year 2005 pay
    raises for programs funded by this Act shall be absorbed within the
    levels appropriated in this Act.
        Sec. 410. (a) It is the sense of the Congress that, to the greatest
    extent practicable, all equipment and products purchased with funds
    made available in this Act should be American-made.
        (b) In providing financial assistance to, or entering into any
    contract with, any entity using funds made available in this Act, the
    head of each Federal agency, to the greatest extent practicable, shall
    provide to such entity a notice describing the statement made in
    subsection (a) by Congress.
        Sec. 411. None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
        Sec. 412. Except in the case of entities that are funded solely
    with Federal funds or any natural persons that are funded under this
    Act, none of the funds in this Act shall be used for the planning or
    execution of any program to pay the expenses of, or otherwise
    compensate, non-Federal parties to lobby or litigate in respect to
    adjudicatory proceedings funded in this Act. A chief executive officer
    of any entity receiving funds under this Act shall certify that none of
    these funds have been used to engage in the lobbying of the Federal
    Government or in litigation against the United States unless authorized
    under existing law.
        Sec. 413. No part of any funds appropriated in this Act shall be
    used by an agency of the executive branch, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, and for the preparation, distribution or use of
    any kit, pamphlet, booklet, publication, radio, television or film
    presentation designed to support or defeat legislation pending before
    Congress, except in presentation to Congress itself.
        Sec. 414. All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public
    service activities.
        Sec. 415. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
        Sec. 416. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to procure passenger
    automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles
    per gallon average of less than 22 miles per gallon.
        Sec. 417. Section 313 of the National Aeronautics and Space Act of
    1958, as amended, is further amended in subsection (a)--
            (1) by striking ``2004'' and inserting ``2005''; and
            (2) by striking ``Space flight capabilities'' and inserting
        ``Exploration capabilities''.
        Sec. 418. None of the funds made available in this Act may be used
    to implement any policy prohibiting the Directors of the Veterans
    Integrated Service Networks from conducting outreach or marketing to
    enroll new veterans within their respective Networks.
        Sec. 419. It is the sense of Congress that no veteran should wait
    more than 30 days for an initial doctor's appointment.
        Sec. 420. None of the funds made available to NASA in this Act may
    be used for voluntary separation incentive payments as provided for in
    subchapter II of chapter 35 of title 5, United States Code, unless the
    Administrator of NASA has first certified to Congress that such
    payments would not result in the loss of skills related to the safety
    of the Space Shuttle or the International Space Station or to the
    conduct of independent safety oversight in the National Aeronautics and
    Space Administration.
        Sec. 421. (a) Treatment of Pioneer Homes in Alaska as State Home
    for Veterans.--For this fiscal year and each fiscal year hereafter, the
    Secretary of Veterans Affairs may--
            (1) treat the Pioneer Homes in the State of Alaska collectively
        as a single State home for veterans for purposes of section 1741 of
        title 38, United States Code; and
            (2) make per diem payments to the State of Alaska for care
        provided to veterans in the Pioneer Homes in accordance with the
        provisions of that section.
        (b) Treatment Notwithstanding Non-Veteran Residency.--The Secretary
    may treat the Pioneer Homes as a State home under subsection (a)
    notwithstanding the residency of non-veterans in one or more of the
    Pioneer Homes.
        (c) Pioneer Homes Defined.--In this section, the term ``Pioneer
    Homes'' means the six regional homes in the State of Alaska known as
    Pioneer Homes, which are located in the following:
            (1) Anchorage, Alaska.
            (2) Fairbanks, Alaska.
            (3) Juneau, Alaska.
            (4) Ketchikan, Alaska.
            (5) Palmer, Alaska.
            (6) Sitka, Alaska.
        (d) Limitation.--The number of beds occupied by veterans
    collectively in the six Pioneer Homes listed under subsection (c) for
    which per diem would be paid under this authority shall not exceed the
    number of veterans in State beds that otherwise would be permitted in
    Alaska under the Department of Veterans Affairs State home regulations
    governing the number of beds per veteran population.
        Sec. 422. Of the amounts available to the National Aeronautics and
    Space Administration, such sums as may be necessary for the benefit of
    the families of the astronauts who died on board the Space Shuttle
    Columbia on February 1, 2003, are available under the terms of section
    203(c)(13) of the National Aeronautics and Space Act of 1958, as
    amended, independent of the limitations established therein.
        Sec. 423. Section 428 of the Departments of Veterans Affairs and
    Housing and Urban Development, and Independent Agencies Appropriations
    Act, 2004 is amended--
            (1) in subsection (c), by inserting ``new'' before ``spark
        ignition engines''; and
            (2) in subsection (d), by striking ``The prohibition in
        subsection (e)'' and inserting ``The prohibition in subsection
        (c)''.
        Sec. 424. In addition to the amounts otherwise provided in this or
    any other Act for fiscal year 2005, for ``Department of Housing and
    Urban Development, Community Development Fund'', $31,000,000 to remain
    available until expended for a grant to The Hudson River Park Trust for
    planning, design and reconstruction of Pier 86 in New York City.
        Sec. 425. From within funds available to the Secretary of Veterans
    Affairs, $200,000 shall be made available until expended to Eric and
    Brian Simon of Minneapolis, Minnesota, to be divided evenly between the
    individuals.
        Sec. 426. (a) Waiver of Requirements.--Subject to subsection (b),
    the limitation on the release of funds in section 104(g)(2) of the
    Housing and Community Development Act of 1974 (42 U.S.C. 5304) shall
    not apply to the Village of Chickasaw Sewer Collection and Treatment
    System, located in the Village of Chickasaw, Mercer County, Ohio.
        (b) Applicability.--Subsection (a) only applies to the grant that
    was awarded to the Village of Chickasaw (Ohio Small Cities CDBG Grant #
    C-W-03-283-1), for the period beginning September 1, 2003, and ending
    October 31, 2005, and in the amount of $600,000.
        (c) Environmental Reviews.--Notwithstanding the provisions of this
    section, the Village of Chickasaw must complete all appropriate
    environment reviews in a timely manner and to the satisfaction of the
    State of Ohio.
        This division may be cited as the ``Departments of Veterans Affairs
    and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 2005''.

                           DIVISION J--OTHER MATTERS

                 TITLE I--MISCELLANEOUS PROVISIONS AND OFFSETS

        Sec. 101. For an additional amount for the Department of Energy for
    the weatherization assistance program pursuant to 42 U.S.C. 6861 et
    seq. and notwithstanding section 3003(d)(2) of Public Law 99-509,
    $230,000,000, to remain available until expended.
        Sec. 102. Section 1201(a) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375) is amended
    by striking ``$300,000,000'' in the matter preceding paragraph (1) and
    inserting ``$500,000,000''.
        Sec. 103. (a) The District of Columbia Appropriations Act, 2005
    (Public Law 108-335) is amended as follows:
            (1) The paragraph under the heading ``Capital Outlay'' is
        amended by striking ``For construction projects, an increase of
        $1,087,649,000, of which $839,898,000 shall be from local funds,
        $38,542,000 from Highway Trust funds, $37,000,000 from the Rights-
        of-way funds, $172,209,000 from Federal grant funds, and a
        rescission of $361,763,000 from local funds appropriated under this
        heading in prior fiscal years, for a net amount of $725,886,000, to
        remain available until expended;'' and inserting ``For construction
        projects, an increase of $1,102,039,000, of which $839,898,000
        shall be from local funds, $38,542,000 from Highway Trust funds,
        $51,390,000 from the Rights-of-way funds, $172,209,000 from Federal
        grant funds, and a rescission of $361,763,000 from local funds
        appropriated under this heading in prior fiscal years, for a net
        amount of $740,276,000, to remain available until expended;''.
            (2) Section 340(a) is amended to read as follows:
        ``(a) Section 603(e)(3)(E) of the Student Loan Marketing
    Association Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(E)) is
    amended--
            ``(1) by striking `and' at the end of subclause (II);
            ``(2) by striking the period at the end of subclause (III) and
        inserting `; and'; and
            ``(3) by adding at the end the following new subclause:

                        ```(IV) obtaining lease guarantees (in accordance
                    with regulations promulgated by the Office of Public
                    Charter School Financing).'.''.

            (3) Section 342 is amended to read as follows:
        ``Sec. 342. Public School Services to Charter Schools. Section
    2209(b) of the District of Columbia School Reform Act of 1995 (sec. 38-
    1802.09(b), D.C. Official Code) is amended as follows:
            ``(1) In paragraph (1)--
                ``(A) by amending subparagraph (A) to read as follows:
                ```(A) In general.--Notwithstanding any other provision of
            law, regulation, or order relating to the disposition of a
            facility or property described in subparagraph (B), the Mayor
            and the District of Columbia government shall give a right of
            first offer with respect to any facility or property described
            in subparagraph (B) not previously purchased, leased, or
            transferred, or under contract to be purchased, leased, or
            transferred, or the subject of a previously proposed resolution
            submitted by the Mayor on or before December 1, 2004, to the
            Council of the District of Columbia seeking authority for
            disposition of such facility or property, or under an Exclusive
            Rights Agreement executed on or before December 1, 2004, to an
            eligible applicant whose petition to establish a public charter
            school has been conditionally approved under section
            2203(d)(2), or a Board of Trustees, with respect to the
            purchase, lease, transfer, or use of a facility or property
            described in subparagraph (B).';
                ``(B) by amending subparagraph (B)(iii) to read as follows:
                    ```(iii) with respect to which--

                        ```(I) the Board of Education has transferred
                    jurisdiction to the Mayor and over which the Mayor has
                    jurisdiction on the effective date of this subclause;
                    or
                        ```(II) over which the Mayor or any successor
                    agency gains jurisdiction after the effective date of
                    this subclause.'; and

                ``(C) by adding at the end the following new subparagraph:
                ```(C) Terms of purchase or lease.--The terms of purchase
            or lease of a facility or property described in subparagraph
            (B) shall--
                    ```(i) be negotiated by the Mayor in accordance with
                written rules or regulations as determined by the Mayor,
                and published in the District of Columbia Register;
                    ```(ii) include rent or an acquisition price, as
                applicable, that is at the appraised value of the property
                based on use of the property for school purposes; and
                    ```(iii) include a lease period, if the property is to
                be leased, of not less than 25 years, and renewable for
                additional 25-year periods as long as the eligible
                applicant or Board of Trustees maintains its charter.'.
            ``(2) In paragraph (2)(A), by striking `first preference' and
        inserting `a right of first offer'.
            ``(3) By adding at the end the following new paragraph:
            ```(3) Conversion public charter schools.--Any District of
        Columbia public school that was approved to become a conversion
        public charter school under section 2201 before the effective date
        of this subsection or is approved to become a conversion public
        charter school after the effective date of this subsection, shall
        have the right to exclusively occupy the facilities the school
        occupied as a District of Columbia public school under a lease for
        a period of not less than 25 years, renewable for additional 25-
        year periods as long as the school maintains its charter at the
        appraised value of the property based on use of the property for
        school purposes.'.''.
            (4) Section 347 is amended by striking paragraphs (1) and (2)
        and inserting the following:
            ``(1) by striking subsection (f) and inserting the following:
        ```(f) Audit.--The Board shall maintain its accounts according to
    Generally Accepted Accounting Principles. The Board shall provide for
    an audit of the financial statements of the Board by an independent
    certified public accountant in accordance with Government auditing
    standards for financial audits issued by the Comptroller General. The
    findings and recommendations of any such audit shall be forwarded to
    the Mayor, the Council of the District of Columbia, and the Office of
    the Chief Financial Officer of the District of Columbia.'; and
            ``(2) by adding at the end the following new subsection:
        ```(h) Contracting and Procurement.--The Board shall have the
    authority to solicit, award, and execute contracts independently of the
    Office of Contracting and Procurement and the Chief Procurement
    Officer.'.''.
        (b) The amendments made by this section shall take effect as if
    included in the enactment of the District of Columbia Appropriations
    Act, 2005.
        Sec. 104. The Secretary of the Department of Homeland Security
    shall transfer up to $40,000,000 from funds appropriated to the Coast
    Guard's ``Acquisition, Construction, and Improvements'' account in
    fiscal year 2005 from the Rescue 21 project to the HH-65 re-engining
    project, subject to 15-day advance notification to the House and Senate
    Committees on Appropriations.
        Sec. 105. Section 203(m) of the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C 5133(m)) is amended by striking
    ``December 31, 2004'' and inserting ``December 31, 2005''.
        Sec. 106. Notwithstanding the amounts in the detailed funding table
    included in House Report 108-774, the appropriation for
    ``Transportation Security Administration, Maritime and Land Security''
    shall include the following: ``Credentialing, $5,000,000; TWIC,
    $15,000,000; Hazardous materials truck tracking, $2,000,000; Hazardous
    materials safety, $17,000,000; Enterprise staffing, $24,000,000; Rail
    security, $12,000,000; Offsetting collections, -$27,000,000''.
        Sec. 107. The matter under the heading ``Military Construction,
    Navy and Marine Corps'' in the Military Construction Appropriations
    Act, 2005 (division A of Public Law 108-324), is amended by striking
    ``$1,069,947,000'' and inserting ``$1,065,597,000'' and the matter
    under the heading ``Military Construction, Naval Reserve'' in such Act
    is amended by striking ``$44,246,000'' and inserting ``$48,596,000''.
        Sec. 108. Notwithstanding any other provision of law, in addition
    to amounts otherwise made available in the Department of Defense
    Appropriations Act, 2005 (Public Law 108-287), an additional $2,000,000
    is hereby appropriated and shall be made available under the heading
    ``Shipbuilding and Conversion, Navy'', only for the Secretary of the
    Navy for the purpose of acquiring a vessel with the Coast Guard
    registration number 225115: Provided, That the Secretary of the Navy
    shall provide for the transportation of the vessel from its present
    location: Provided further, That the Secretary of the Navy may lend,
    give, or otherwise dispose of the vessel at his election pursuant to 10
    U.S.C. 2572, 7545, or 7306, or using such procedures as the Secretary
    deems appropriate, and to such recipient as the Secretary deems
    appropriate, without regard to these provisions.

    SEC. 109. DESIGNATION OF NATIONAL TREE.

        (a) Designation.--Chapter 3 of title 36, United States Code, is
    amended by adding at the end the following:

    ``Sec. 305. National tree

        ``The tree genus Quercus, commonly known as the oak tree, is the
    national tree.''.
        (b) Conforming Amendments.--Such title is amended--
            (1) in the table of contents for part A of subtitle I, by
        striking ``, and March'' and inserting ``March, and Tree'';
            (2) in the chapter heading for chapter 3, by striking ``, AND
        MARCH'' and inserting ``MARCH, AND TREE''; and
            (3) in the table of sections for chapter 3, by adding at the
        end the following:

    ``305. National tree.''.

        Sec. 110. Section 204(g) of the Employee Retirement Income Security
    Act of 1974, as amended (29 U.S.C. 1054(g)) shall not apply at any
    time, whether before or after the enactment of this section, to an
    amendment adopted prior to June 7, 2004, by a (multiemployer) pension
    plan covering primarily employees working in the State of Alaska, to
    the extent that such amendment--
            (1) provides for the suspension of the payment of benefits,
        modifies the conditions under which the payment of benefits is
        suspended, or suspends actuarial adjustments in benefit payments in
        accordance with section 203(a)(3)(B) of said Act (29 U.S.C.
        1053(a)(3)(B)) and applicable regulations; and
            (2) applies to participants who have not retired before the
        adoption of such amendment.
        Sec. 111. (a) The head of each Federal agency or department shall--
            (1) provide each new employee of the agency or department with
        educational and training materials concerning the United States
        Constitution as part of the orientation materials provided to the
        new employee; and
            (2) provide educational and training materials concerning the
        United States Constitution to each employee of the agency or
        department on September 17 of each year.
        (b) Each educational institution that receives Federal funds for a
    fiscal year shall hold an educational program on the United States
    Constitution on September 17 of such year for the students served by
    the educational institution.
        (c) Title 36 of the United States Code, is amended--
            (1) in section 106--
                (A) in the heading, by inserting ``Constitution Day and''
            before ``Citizenship Day'';
                (B) in subsection (a), by striking ``is Citizenship Day.''
            and inserting ``is designated as Constitution Day and
            Citizenship Day.'';
                (C) in subsection (b)--
                    (i) by inserting ``Constitution Day and'' before
                ``Citizenship Day'';
                    (ii) by striking ``commemorates'' and inserting
                ``commemorate''; and
                    (iii) by striking ``recognizes'' and inserting
                ``recognize'';
                (D) in subsection (c), by inserting ``Constitution Day
            and'' before ``Citizenship Day'' both places such term appears;
            and
                (E) in subsection (d), by inserting ``Constitution Day
            and'' before ``Citizenship Day''; and
            (2) in the item relating to section 106 of the table of
        contents, by inserting ``Constitution Day and'' before
        ``Citizenship Day''.
        (d) This section shall be without fiscal year limitation.
        Sec. 112. (a) Notwithstanding any other provision of law or any
    contract: (1) the rates in effect on November 15, 2004, under the
    tariff (the ``tariff'') required by FCC 94-116 (reduced three percent
    annually starting January 1, 2006) shall apply beginning 45 days after
    the date of enactment of this Act through December 31, 2009, to the
    sale and purchase of interstate switched wholesale service elements
    offered by any provider originating or terminating anywhere in the area
    (the ``market'') described in section 4.7 of the tariff (collectively
    the ``covered services''); (2) beginning April 1, 2005, through
    December 31, 2009, no provider of covered services may provide, and no
    purchaser of such services may obtain, covered services in the same
    contract with services other than those that originate or terminate in
    the market, if the covered services in the contract represent more than
    5 percent of such contract's total value; and (3) revenues collected
    hereunder (less costs) for calendar years 2005 through 2009 shall be
    used to support and expand the network in the market.
        (b) Effective on the date of enactment of this Act: (1) the
    conditions described in FCC 95-334 and the related conditions imposed
    in FCC 94-116, FCC 95-427, and FCC 96-485; and (2) all pending
    proceedings relating to the tariff, shall terminate. Thereafter, the
    State regulatory commission with jurisdiction over the market shall
    treat all interexchange carriers serving the market the same with
    respect to the provision of intrastate services, with the goal of
    reducing regulation, and shall not require such carriers to file
    reports based on the Uniform System of Accounts.
        (c) Any provider may file to enforce this section (including
    damages and injunctive relief) before the FCC (whose final order may be
    appealed under 47 U.S.C. 402(a)) or under 47 U.S.C. 207 if the FCC
    fails to issue a final order within 90 days of a filing. Nothing herein
    shall affect rate integration, carrier-of-last-resort obligations of
    any carrier or its successor, or the purchase of covered services by
    any rural telephone company (as defined in 47 U.S.C. 153(37)), or an
    affiliate under its control, for its provision of retail interstate
    interexchange services originating in the market.
        Sec. 113. Direct loans, credits, insurance and guarantees of the
    Export-Import Bank or its agents may be made available for or in Libya,
    notwithstanding section 507 or similar provisions in the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    2005, or prior acts making appropriations for foreign operations,
    export financing, and related programs, if the President determines
    that to do so is important to the national security interests of the
    United States.
        Sec. 114. (a) Section 146 of Public Law 108-199 is amended--
            (1) by striking ``section 386 of the Energy Policy Act of
        2003'' and inserting ``section 116 of division C of Public Law 108-
        324'';
            (2) by striking ``, except that upon that Act becoming law,
        section 386 is amended through this Act:'' and inserting ``and
        section 116 of division C of Public Law 108-324 is amended:'';
            (3) by striking ``paragraph 386(b)(1)'' and inserting
        ``paragraph (b)(1) of section 116 of division C of Public Law 108-
        324'';
            (4) by striking ``paragraph 386(c)(2)'' and inserting
        ``paragraph (a)(2) of section 116 of division C of Public Law 108-
        324''; and
            (5) by striking ``paragraph 386(g)(4)'' and inserting
        ``paragraph (g)(4) of section 116 of division C of Public Law 108-
        324.
        (b) Section 116 (b) of division C of Public Law 108-324, the
    Military Construction bill, is amended by adding a new paragraph as
    follows:
            ``(4) Such loan guarantee may be utilized only by the project
        chosen by the Federal Energy Regulatory Commission as the qualified
        project.''.
        Sec. 115. Any unobligated amount appropriated pursuant to section
    353(b) of the Department of the Interior and Related Agencies
    Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-303),
    shall be made available to complete the project described in section
    353(a) of that Act.
        Sec. 116. (a) Designation of National Veterans Memorial.--The Mt.
    Soledad Veterans Memorial located within the Soledad Natural Park in
    San Diego, California, which consists of a 29 foot-tall cross and
    surrounding granite memorial walls containing plaques engraved with the
    names and photographs of veterans of the United States Armed Forces, is
    hereby designated as a national memorial honoring veterans of the
    United States Armed Forces.
        (b) Acquisition and Administration by United States.--Not later
    than 90 days after the date on which the City of San Diego, California,
    offers to donate the Mt. Soledad Veterans Memorial to the United
    States, the Secretary of the Interior shall accept, on behalf of the
    United States, all right, title, and interest of the City in and to the
    Mt. Soledad Veterans Memorial.
        (c) Administration of Memorial.--Upon acquisition of the Mt.
    Soledad Veterans Memorial by the United States, the Secretary of the
    Interior shall administer the Mt. Soledad Veterans Memorial as a unit
    of the National Park System, except that the Secretary shall enter into
    a memorandum of understanding with the Mt. Soledad Memorial Association
    for the continued maintenance by the Association of the cross and
    surrounding granite memorial walls and plaques of the Memorial.
        (d) Legal Description.--The Mt. Soledad Veterans Memorial referred
    to in this section is all that portion of Pueblo lot 1265 of the Pueblo
    Lands of San Diego in the City and County of San Diego, California,
    according to the map thereof prepared by James Pascoe in 1879, a copy
    of which was filed in the office of the County Recorder of San Diego
    County on November 14, 1921, and is known as miscellaneous map NO. 36,
    more particularly described as follows: The area bounded by the back of
    the existing inner sidewalk on top of Mt. Soledad, being also a circle
    with a radius of 84 feet, the center of which circle is located as
    follows: Beginning at the Southwesterly corner of such Pueblo Lot 1265,
    such corner being South 17 degrees 14'33'' East (Record South 17
    degrees 14'09'' East) 607.21 feet distant along the westerly line of
    such Pueblo lot 1265 from the intersection with the North line of La
    Jolla Scenic Drive South as described and dedicated as parcel 2 of City
    Council Resolution NO. 216644 adopted August 25, 1976; thence North 39
    degrees 59'24'' East 1147.62 feet to the center of such circle. The
    exact boundaries and legal description of the Mt. Soledad Veterans
    Memorial shall be determined by a survey prepared jointly by the City
    of San Diego and the Secretary of the Interior. Upon acquisition of the
    Mt. Soledad Veterans Memorial by the United States, the boundaries of
    the Memorial may not be expanded.
        Sec. 117. Notwithstanding any other provision of law, except
    section 551 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2005, $80,000,000 of the funds
    appropriated for the Department of Defense for fiscal year 2005 may be
    transferred with the concurrence of the Secretary of Defense to the
    Department of State under ``Peacekeeping Operations''.
        Sec. 118. In addition, for construction and related expenses of a
    facility for the United States Institute of Peace, $100,000,000, to
    remain available until expended.
        Sec. 119. Notwithstanding any other provision of law, in addition
    to amounts otherwise provided in this or any other Act for fiscal year
    2005, the following amounts are appropriated: $2,000,000 for the Helen
    Keller National Center for Deaf-Blind Youths and Adults for activities
    authorized under the Helen Keller National Center Act; and for the
    Department of Health and Human Services, Health Resources and Services
    Administration, $1,000,000 for the Hospital for Special Surgery to
    establish a National Center for Musculoskeletal Research, New York, New
    York, for facilities and equipment; and for the Department of Health
    and Human Services, Health Resources and Services Administration,
    $1,000,000 for the Jesse Helms Nursing Center at Union Regional Medical
    Center, Union County, North Carolina for facilities and equipment.
        Sec. 120. In addition to any amounts provided in this or any other
    Act for fiscal year 2005, $1,000,000 is appropriated for necessary
    expenses of the Benjamin A. Gilman Institute for Political and
    International Studies program at the State University of New York's
    Orange County Community College in Orange, New York.

    SEC. 121. WEIGHT LIMITATIONS.

        The next to the last sentence of section 127(a) of title 23, United
    States Code, is amended by striking ``Interstate Route 95'' and
    inserting ``Interstate Routes 89, 93, and 95''.
        Sec. 122. (a) Across-the-Board Rescissions.--There is hereby
    rescinded an amount equal to 0.80 percent of--
            (1) the budget authority provided (or obligation limitation
        imposed) for fiscal year 2005 for any discretionary account in
        divisions A through J of this Act and in any other fiscal year 2005
        appropriation Act (except any fiscal year 2005 supplemental
        appropriation Act, the Department of Homeland Security
        Appropriations Act, 2005, the Department of Defense Appropriations
        Act, 2005, or the Military Construction Appropriations Act, 2005);
            (2) the budget authority provided in any advance appropriation
        for fiscal year 2005 for any discretionary account in any prior
        fiscal year appropriation Act; and
            (3) the contract authority provided in fiscal year 2005 for any
        program subject to limitation contained in any division or
        appropriation Act subject to paragraph (1).
        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
            (1) to each discretionary account and each item of budget
        authority described in such subsection; and
            (2) within each such account and item, to each program,
        project, and activity (with programs, projects, and activities as
        delineated in the appropriation Act or accompanying reports for the
        relevant fiscal year covering such account or item, or for accounts
        and items not included in appropriation Acts, as delineated in the
        most recently submitted President's budget).
        This title may be cited as the ``Miscellaneous Appropriations and
    Offsets Act, 2005''.

     TITLE II--225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION
                                      ACT

    SEC. 201. SHORT TITLE.

        This title may be cited as the ``225th Anniversary of the American
    Revolution Commemoration Act''.

    SEC. 202. FINDINGS AND PURPOSES.

        (a) FINDINGS.--Congress finds the following:
            (1) The American Revolution, inspired by the spirit of liberty
        and independence among the inhabitants of the original 13 colonies
        of Great Britain, was an event of global significance having a
        profound and lasting effect upon American Government, laws,
        culture, society, and values.
            (2) The years 2000 through 2008 mark the 225th anniversary of
        the Revolutionary War.
            (3) Every generation of American citizens should have an
        opportunity to understand and appreciate the continuing legacy of
        the American Revolution.
            (4) This 225th anniversary provides an opportunity to enhance
        public awareness and understanding of the impact of the American
        Revolution's legacy on the lives of citizens today.
            (5) Although the National Park Service administers
        battlefields, historical parks, historic sites, and programs that
        address elements of the story of the American Revolution, there is
        a need to establish partnerships that link sites and programs
        administered by the National Park Service with those of other
        Federal and non-Federal entities in order to place the story of the
        American Revolution in the broad context of its causes,
        consequences, and meanings.
            (6) The story and significance of the American Revolution can
        best engage the American people through a national program of the
        National Park Service that links historic structures and sites,
        routes, activities, community projects, exhibits, and multimedia
        materials, in a manner that is both unified and flexible.
        (b) Purposes.--The purposes of this Act are as follows:
            (1) To recognize the enduring importance of the American
        Revolution in the lives of American citizens today.
            (2) To authorize the National Park Service to coordinate,
        connect, and facilitate Federal and non-Federal activities to
        commemorate, honor, and interpret the history of the American
        Revolution, its significance, and its relevance to the shape and
        spirit of American Government and society.

    SEC. 203. 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION
                  PROGRAM.

        (a) In General.--The Secretary of the Interior (hereinafter in this
    Act referred to as the ``Secretary'') shall establish a program to be
    known as the ``225th Anniversary of the American Revolution
    Commemoration'' (hereinafter in this Act referred to as the ``225th
    Anniversary''). In administering the 225th Anniversary, the Secretary
    shall--
            (1) produce and disseminate to appropriate persons educational
        materials, such as handbooks, maps, interpretive guides, or
        electronic information related to the 225th Anniversary and the
        American Revolution;
            (2) enter into appropriate cooperative agreements and memoranda
        of understanding to provide technical assistance under subsection
        (c);
            (3) assist in the protection of resources associated with the
        American Revolution;
            (4) enhance communications, connections, and collaboration
        among the National Park Service units and programs related to the
        Revolutionary War;
            (5) expand the research base for American Revolution
        interpretation and education; and
            (6) create and adopt an official, uniform symbol or device for
        the theme ``Lighting Freedom's Flame: American Revolution, 225th
        Anniversary'' and issue regulations for its use.
        (b) Elements.--The 225th Anniversary shall encompass the following
    elements:
            (1) All units and programs of the National Park Service
        determined by the Secretary to pertain to the American Revolution.
            (2) Other governmental and nongovernmental sites, facilities,
        and programs of an educational, research, or interpretive nature
        that are documented to be directly related to the American
        Revolution.
            (3) Through the Secretary of State, the participation of the
        Governments of the United Kingdom, France, the Netherlands, Spain,
        and Canada.
        (c) Cooperative Agreements and Memoranda of Understanding.--To
    achieve the purposes of this Act and to ensure effective coordination
    of the Federal and non-Federal elements of the 225th Anniversary with
    National Park Service units and programs, the Secretary may enter into
    cooperative agreements and memoranda of understanding with, and provide
    technical assistance to, the following:
            (1) The heads of other Federal agencies, States, units of local
        government, and private entities.
            (2) In cooperation with the Secretary of State, the Governments
        of the United Kingdom, France, the Netherlands, Spain, and Canada.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this Act $500,000 for each
    of fiscal years 2004 through 2009.

                   TITLE III--RURAL AIR SERVICE IMPROVEMENTS

        Sec. 301. (a) Short Title.--This title may be cited as the ``Rural
    Air Service Improvement Act of 2004''.
        (b) Further Amendments.--The amendments made by this section are
    further amendments to section 5402 of title 39, United States Code,
    including the amendments made by section 3002 of the 2002 Supplemental
    Appropriations Act for Further Recovery From and Response To Terrorist
    Attacks on the United States (Public Law 107-206) to that section of
    title 39, United States Code.
        (c) Existing Mainline Carriers.--Section 5402(a)(10) of title 39,
    United States Code, is amended by striking subparagraph (C) and
    inserting the following:
                ``(C) actually engaged in the carriage, on scheduled
            service within the State of Alaska, of mainline nonpriority
            bypass mail tendered to it under its designator code.''.
        (d) Nonpriority Bypass Mail.--Section 5402(g) of title 39, United
    States Code, is amended by striking the matter preceding paragraph (2)
    and inserting the following:
        ``(g)(1)(A) The Postal Service, in selecting carriers of
    nonpriority bypass mail to any point served by more than 1 carrier in
    the State of Alaska, shall adhere to an equitable tender policy within
    a qualified group of carriers, in accordance with the regulations of
    the Postal Service, and shall, at a minimum, require that any such
    carrier--
            ``(i) hold a certificate of public convenience and necessity
        issued under section 41102(a) of title 49;
            ``(ii) operate at least to such point at least the number of
        scheduled flights each week established under subparagraph (B)(i);
            ``(iii) exhibit an adherence to such scheduled flights; and
            ``(iv) have provided scheduled service with at least the number
        of scheduled noncontract flights each week established under
        subparagraph (B)(ii) between 2 points within the State of Alaska
        for at least 12 consecutive months with aircraft--
                ``(I) up to 7,500 pounds payload capacity before being
            selected as a carrier of nonpriority bypass mail at an
            applicable intra-Alaska bush service mail rate; and
                ``(II) over 7,500 pounds payload capacity before being
            selected as a carrier of nonpriority bypass mail at the intra-
            Alaska mainline service mail rate.
        ``(B)(i) For purposes of subparagraph (A)(ii)--
            ``(I) for aircraft described under subparagraph (A)(iv)(I) the
        number is 3; and
            ``(II) for aircraft described under subparagraph (A)(iv)(II),
        the number is 2, except as may be provided under subparagraph (C).
        ``(ii) For purposes of subparagraph (A)(iv)--
            ``(I) for aircraft described under subparagraph (A)(iv)(I), the
        number is 3; and
            ``(II) for aircraft described under subparagraph (A)(iv)(II),
        for any week in any month before the effective date of the Rural
        Air Service Improvement Act of 2004, the number is 3, and after
        such date, the number is 2.
        ``(C) The Postal Service, after consultation with affected
    carriers, may establish for service by aircraft described under
    subparagraph (A)(iv)(II)--
            ``(i) a larger number of flights than required under
        subparagraph (B)(i); or
            ``(ii) the days that service will operate.''.
        (e) Subcontracts by Existing Mainline Carriers.--Section 5402(g)(4)
    of title 39, United States Code, is amended by adding at the end the
    following:
        ``(C) A providing carrier selected under subparagraph (A) may
    subcontract the transportation of nonpriority bypass mail to another
    existing mainline carrier when additional or substitute aircraft are
    temporarily needed to meet the delivery schedule of the Postal Service
    or the carrier's operating requirements. The providing carrier shall
    remain responsible for the mail from origin through destination.''.
        (f) Aircraft Preferences for Other Postal Products.--Section
    5402(g) of title 39, United States Code, is amended by adding at the
    end the following:
        ``(7) Nothing in this section shall preclude the Postal Service
    from establishing by regulation aircraft preferences for the dispatch
    of postal products other than nonpriority bypass mail.''.

                             TITLE IV--VISA REFORM

    SEC. 401. SHORT TITLE.

        This title may be cited as the ``L-1 Visa and H-1B Visa Reform
    Act''.

                          Subtitle A--L-1 Visa Reform

    SEC. 411. SHORT TITLE.

        This subtitle may be cited as the ``L-1 Visa (Intracompany
    Transferee) Reform Act of 2004''.

    SEC. 412. NONIMMIGRANT L-1 VISA CATEGORY.

        (a) In General.--Section 214(c)(2) of the Immigration and
    Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end
    the following:
        ``(F) An alien who will serve in a capacity involving specialized
    knowledge with respect to an employer for purposes of section
    101(a)(15)(L) and will be stationed primarily at the worksite of an
    employer other than the petitioning employer or its affiliate,
    subsidiary, or parent shall not be eligible for classification under
    section 101(a)(15)(L) if--
            ``(i) the alien will be controlled and supervised principally
        by such unaffiliated employer; or
            ``(ii) the placement of the alien at the worksite of the
        unaffiliated employer is essentially an arrangement to provide
        labor for hire for the unaffiliated employer, rather than a
        placement in connection with the provision of a product or service
        for which specialized knowledge specific to the petitioning
        employer is necessary.''.
        (b) Applicability.--The amendment made by subsection (a) shall
    apply to petitions filed on or after the effective date of this
    subtitle, whether for initial, extended, or amended classification.

    SEC. 413. REQUIREMENT FOR PRIOR CONTINUOUS EMPLOYMENT FOR CERTAIN
                  INTRACOMPANY TRANSFEREES.

        (a) In General.--Section 214(c)(2)(A) of the Immigration and
    Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking the
    last sentence (relating to reduction of the 1-year period of continuous
    employment abroad to 6 months).
        (b) Applicability.--The amendment made by subsection (a) shall
    apply only to petitions for initial classification filed on or after
    the effective date of this subtitle.

    SEC. 414. MAINTENANCE OF STATISTICS BY THE DEPARTMENT OF HOMELAND
                  SECURITY.

        (a) In General.--The Department of Homeland Security shall maintain
    statistics regarding petitions filed, approved, extended, and amended
    with respect to nonimmigrants described in section 101(a)(15)(L) of the
    Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including
    the number of such nonimmigrants who are classified on the basis of
    specialized knowledge and the number of nonimmigrants who are
    classified on the basis of specialized knowledge in order to work
    primarily at offsite locations.
        (b) Applicability.--Subsection (a) shall apply to petitions filed
    on or after the effective date of this subtitle.

    SEC. 415. INSPECTOR GENERAL REPORT ON L VISA PROGRAM.

        Not later than 6 months after the date of enactment of this Act,
    the Inspector General of the Department of Homeland Security shall,
    consistent with the authority granted the Department under section 428
    of the Homeland Security Act of 2002 (6 U.S.C. 236), examine and report
    to the Committees on the Judiciary of the House of Representatives and
    the Senate on the vulnerabilities and potential abuses in the visa
    program carried out under section 214(c) of the Immigration and
    Nationality Act (8 U.S.C. 1184(c)) with respect to nonimmigrants
    described in section 101(a)(15)(L) of such Act (8 U.S.C.
    1101(a)(15)(L)).

    SEC. 416. ESTABLISHMENT OF TASK FORCE.

        (a) Establishment.--Not later than 6 months after the date of
    enactment of this Act, there shall be established an L Visa Interagency
    Task Force that consists of representatives from the Department of
    Homeland Security, the Department of Justice, and the Department of
    State. The Secretaries of each Department and each relevant bureau of
    the Department of Homeland Security shall appoint designees to the L
    Visa Interagency Task Force. The L Visa Interagency Task Force shall
    consult with other agencies deemed appropriate.
        (b) Report.--Not later than 6 months after the submission of the
    report by the Inspector General of the Department of Homeland Security
    in accordance with section 6, the L Visa Interagency Task Force shall
    report to the Committees on the Judiciary of the House of
    Representatives and the Senate on the efforts to implement the
    recommendations set forth by the Inspector General's report. The L Visa
    Interagency Task Force shall note specific areas of agreement and
    disagreement, and make recommendations to Congress on the findings of
    the Task Force, including any suggestions for legislation. The Task
    Force shall also review other additional issues as may be raised by the
    Inspector General's report or by the Task Force's own deliberations
    regarding the policies and purposes of the visa program relative to
    national goals and transnational commerce.

    SEC. 417. EFFECTIVE DATE.

        This subtitle and the amendments made by this subtitle shall take
    effect 180 days after the date of enactment of this Act.

                          Subtitle B--H-1B Visa Reform

    SEC. 421. SHORT TITLE.

        This subtitle may be cited as the ``H-1B Visa Reform Act of 2004''.

    SEC. 422. TEMPORARY WORKER PROVISIONS.

        (a) Attestation Requirements for H-1B Workers.--Section
    212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C.
    1182(n)(1)(E)(ii)) is amended by striking ``October 1, 2003,''.
        (b) H-1B Employer Petitions.--Section 214(c)(9) of the Immigration
    and Nationality Act (8 U.S.C. 1184(c)(9)) is amended--
            (1) in subparagraph (A), by striking ``October 1, 2003'';
            (2) in subparagraph (B), by striking ``$1,000'' and inserting
        ``$1,500''; and
            (3) in subparagraph (B), by inserting before the period
        ``except that the fee shall be half the amount for each such
        petition by any employer with not more than 25 full-time equivalent
        employees who are employed in the United States (determined by
        including any affiliate or subsidiary of such employer)''.

    SEC. 423. H-1B PREVAILING WAGE LEVEL.

        Section 212(p) of the Immigration and Nationality Act (8 U.S.C.
    1182(p)) is amended by adding at the end the following:
        ``(3) The prevailing wage required to be paid pursuant to
    subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) shall be
    100 percent of the wage determined pursuant to those sections.
        ``(4) Where the Secretary of Labor uses, or makes available to
    employers, a governmental survey to determine the prevailing wage, such
    survey shall provide at least 4 levels of wages commensurate with
    experience, education, and the level of supervision. Where an existing
    government survey has only 2 levels, 2 intermediate levels may be
    created by dividing by 3, the difference between the 2 levels offered,
    adding the quotient thus obtained to the first level and subtracting
    that quotient from the second level.''.

    SEC. 424. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.

        (a) Secretary of Labor Investigative Authority.--
            (1) In general.--Section 212(n)(2) of the Immigration and
        Nationality Act (8 U.S.C. 1182(n)(2)) is amended by inserting after
        subparagraph (F) the following:
        ``(G)(i) The Secretary of Labor may initiate an investigation of
    any employer that employs nonimmigrants described in section
    101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable cause to
    believe that the employer is not in compliance with this subsection. In
    the case of an investigation under this clause, the Secretary of Labor
    (or the acting Secretary in the case of the absence of disability of
    the Secretary of Labor) shall personally certify that reasonable cause
    exists and shall approve commencement of the investigation. The
    investigation may be initiated for reasons other than completeness and
    obvious inaccuracies by the employer in complying with this subsection.
        ``(ii) If the Secretary of Labor receives specific credible
    information from a source who is likely to have knowledge of an
    employer's practices or employment conditions, or an employer's
    compliance with the employer's labor condition application under
    paragraph (1), and whose identity is known to the Secretary of Labor,
    and such information provides reasonable cause to believe that the
    employer has committed a willful failure to meet a condition of
    paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or (1)(G)(i)(I), has
    engaged in a pattern or practice of failures to meet such a condition,
    or has committed a substantial failure to meet such a condition that
    affects multiple employees, the Secretary of Labor may conduct an
    investigation into the alleged failure or failures. The Secretary of
    Labor may withhold the identity of the source from the employer, and
    the source's identity shall not be subject to disclosure under section
    552 of title 5, United States Code.
        ``(iii) The Secretary of Labor shall establish a procedure for any
    person desiring to provide to the Secretary of Labor information
    described in clause (ii) that may be used, in whole or in part, as the
    basis for the commencement of an investigation described in such
    clause, to provide the information in writing on a form developed and
    provided by the Secretary of Labor and completed by or on behalf of the
    person. The person may not be an officer or employee of the Department
    of Labor, unless the information satisfies the requirement of clause
    (iv)(II) (although an officer or employee of the Department of Labor
    may complete the form on behalf of the person).
        ``(iv) Any investigation initiated or approved by the Secretary of
    Labor under clause (ii) shall be based on information that satisfies
    the requirements of such clause and that--
            ``(I) originates from a source other than an officer or
        employee of the Department of Labor; or
            ``(II) was lawfully obtained by the Secretary of Labor in the
        course of lawfully conducting another Department of Labor
        investigation under this Act of any other Act.
        ``(v) The receipt by the Secretary of Labor of information
    submitted by an employer to the Attorney General or the Secretary of
    Labor for purposes of securing the employment of a nonimmigrant
    described in section 101(a)(15)(H)(i)(b) shall not be considered a
    receipt of information for purposes of clause (ii).
        ``(vi) No investigation described in clause (ii) (or hearing
    described in clause (viii) based on such investigation) may be
    conducted with respect to information about a failure to meet a
    condition described in clause (ii), unless the Secretary of Labor
    receives the information not later than 12 months after the date of the
    alleged failure.
        ``(vii) The Secretary of Labor shall provide notice to an employer
    with respect to whom there is reasonable cause to initiate an
    investigation described in clauses (i) or (ii), prior to the
    commencement of an investigation under such clauses, of the intent to
    conduct an investigation. The notice shall be provided in such a
    manner, and shall contain sufficient detail, to permit the employer to
    respond to the allegations before an investigation is commenced. The
    Secretary of Labor is not required to comply with this clause if the
    Secretary of Labor determines that to do so would interfere with an
    effort by the Secretary of Labor to secure compliance by the employer
    with the requirements of this subsection. There shall be no judicial
    review of a determination by the Secretary of Labor under this clause.
        ``(viii) An investigation under clauses (i) or (ii) may be
    conducted for a period of up to 60 days. If the Secretary of Labor
    determines after such an investigation that a reasonable basis exists
    to make a finding that the employer has committed a willful failure to
    meet a condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F),
    or (1)(G)(i)(I), has engaged in a pattern or practice of failures to
    meet such a condition, or has committed a substantial failure to meet
    such a condition that affects multiple employees, the Secretary of
    Labor shall provide for notice of such determination to the interested
    parties and an opportunity for a hearing in accordance with section 556
    of title 5, United States Code, within 120 days after the date of the
    determination. If such a hearing is requested, the Secretary of Labor
    shall make a finding concerning the matter by not later than 120 days
    after the date of the hearing.''.
            (2) Retroactive.--The amendment made by paragraph (1) shall
        take effect as if enacted on October 1, 2003.
        (b) Good Faith Compliance or Conformity.--Section 212(n)(2) of the
    Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended--
            (1) by redesignating subparagraph (H) as subparagraph (I); and
            (2) by inserting after subparagraph (G), as added by subsection
        (a)(1), the following:
        ``(H)(i) Except as provided in clauses (ii) and (iii), a person or
    entity is considered to have complied with the requirements of this
    subsection, notwithstanding a technical or procedural failure to meet
    such requirements, if there was a good faith attempt to comply with the
    requirements.
        ``(ii) Clause (i) shall not apply if--
            ``(I) the Department of Labor (or another enforcement agency)
        has explained to the person or entity the basis for the failure;
            ``(II) the person or entity has been provided a period of not
        less than 10 business days (beginning after the date of the
        explanation) within which to correct the failure; and
            ``(III) the person or entity has not corrected the failure
        voluntarily within such period.
            ``(iii) A person or entity that, in the course of an
        investigation, is found to have violated the prevailing wage
        requirements set forth in paragraph (1)(A), shall not be assessed
        fines or other penalties for such violation if the person or entity
        can establish that the manner in which the prevailing wage was
        calculated was consistent with recognized industry standards and
        practices.
            ``(iv) Clauses (i) and (iii) shall not apply to a person or
        entity that has engaged in or is engaging in a pattern or practice
        of willful violations of this subsection.''.
        (c) Secretary of Labor Report.--Not later than January 31 of each
    year, the Secretary of Labor shall report to the Committees on the
    Judiciary of the Senate and the House of Representatives on the
    investigations undertaken based on--
            (1) the authorities described in clauses (i) and (ii) of
        section 212(n)(2)(G) of the Immigration and Nationality Act (8
        U.S.C. 1182(n)(2)(G)(i) and (ii)); and
            (2) the expenditures by the Secretary of Labor described in
        section 286(v)(2)(D) of the Immigration and Nationality Act (8
        U.S.C. 1356(v)(2)(D)).

    SEC. 425. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITATIONS ON H-
                  1B NONIMMIGRANTS.

        (a) In General.--Section 214(g)(5) of the Immigration and
    Nationality Act (8 U.S.C. 1184(g)(5)) is amended--
            (1) in the matter preceding subparagraph (A), by striking ``is
        employed (or has received an offer of employment) at'';
            (2) in subparagraph (A)--
                (A) by inserting ``is employed (or has received an offer of
            employment) at'' before ``an institution''; and
                (B) by striking ``or'' at the end;
            (3) in subparagraph (B)--
                (A) by inserting ``is employed (or has received an offer of
            employment) at'' before ``a nonprofit''; and
                (B) by striking the period and inserting ``; or''; and
            (4) by adding at the end the following:
            ``(C) has earned a master's or higher degree from a United
        States institution of higher education (as defined in section
        101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)),
        until the number of aliens who are exempted from such numerical
        limitation during such year exceeds 20,000.''.
        (b) Statistics.--Beginning on the date of enactment of this Act,
    the Secretary of Homeland Security shall maintain statistical
    information on the country of origin and occupation of, educational
    level maintained by, and compensation paid to, each alien who is issued
    a visa or otherwise provided nonimmigrant status and is exempt under
    section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C.
    1184(g)(5)) for each fiscal year. The statistical information shall be
    included in the annual report to Congress under section 416(c) of the
    American Competitiveness and Workforce Improvement Act of 1998 (Public
    Law 105-277; 112 Stat. 2681-655).

    SEC. 426. FRAUD PREVENTION AND DETECTION FEE.

        (a) Imposition of Fee.--Section 214(c) of the Immigration and
    Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the
    following:
        ``(12)(A) In addition to any other fees authorized by law, the
    Secretary of Homeland Security shall impose a fraud prevention and
    detection fee on an employer filing a petition under paragraph (1)--
            ``(i) initially to grant an alien nonimmigrant status described
        in subparagraph (H)(i)(b) or (L) of section 101(a)(15); or
            ``(ii) to obtain authorization for an alien having such status
        to change employers.
        ``(B) In addition to any other fees authorized by law, the
    Secretary of State shall impose a fraud prevention and detection fee on
    an alien filing an application abroad for a visa authorizing admission
    to the United States as a nonimmigrant described in section
    101(a)(15)(L), if the alien is covered under a blanket petition
    described in paragraph (2)(A).
        ``(C) The amount of the fee imposed under subparagraph (A) or (B)
    shall be $500.
        ``(D) The fee imposed under subparagraph (A) or (B) shall only
    apply to principal aliens and not to the spouses or children who are
    accompanying or following to join such principal aliens.
        ``(E) Fees collected under this paragraph shall be deposited in the
    Treasury in accordance with section 286(v).''.
        (b) Establishment of Account; Use of Fees.--Section 286 of the
    Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
    the end the following:
        ``(v) H-1B and L Fraud Prevention and Detection Account.--
            ``(1) In general.--There is established in the general fund of
        the Treasury a separate account, which shall be known as the `H-1B
        and L Fraud Prevention and Detection Account'. Notwithstanding any
        other provision of law, there shall be deposited as offsetting
        receipts into the account all fees collected under section
        214(c)(12).
            ``(2) Use of fees to combat fraud.--
                ``(A) Secretary of state.--One-third of the amounts
            deposited into the H-1B and L Fraud Prevention and Detection
            Account shall remain available to the Secretary of State until
            expended for programs and activities at United States embassies
            and consulates abroad--
                    ``(i) to increase the number diplomatic security
                personnel assigned exclusively to the function of
                preventing and detecting fraud by applicants for visas
                described in subparagraph (H)(i) or (L) of section
                101(a)(15);
                    ``(ii) otherwise to prevent and detect such fraud
                pursuant to the terms of a memorandum of understanding or
                other cooperative agreement between the Secretary of State
                and the Secretary of Homeland Security; and
                    ``(iii) upon request by the Secretary of Homeland
                Security, to assist such Secretary in carrying out the
                fraud prevention and detection programs and activities
                described in subparagraph (B).
                ``(B) Secretary of homeland security.--One-third of the
            amounts deposited into the H-1B and L Fraud Prevention and
            Detection Account shall remain available to the Secretary of
            Homeland Security until expended for programs and activities to
            prevent and detect fraud with respect to petitions under
            paragraph (1) or (2)(A) of section 214(c) to grant an alien
            nonimmigrant status described in subparagraph (H)(i) or (L) of
            section 101(a)(15).
                ``(C) Secretary of labor.--One-third of the amounts
            deposited into the H-1B and L Fraud Prevention and Detection
            Account shall remain available to the Secretary of Labor until
            expended for enforcement programs and activities described in
            section 212(n).
                ``(D) Consultation.--The Secretary of State, the Secretary
            of Homeland Security, and the Secretary of Labor shall consult
            one another with respect to the use of the funds in the H-1B
            and L Fraud Prevention and Detection Account.''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on the date of enactment of this Act, and the fees imposed under
    such amendments shall apply to petitions under section 214(c) of the
    Immigration and Nationality Act, and applications for nonimmigrant
    visas under section 222 of such Act, filed on or after the date that is
    90 days after the date of the enactment of this Act.

    SEC. 427. CHANGE OF FEE FORMULA.

        Section 286(s) of the Immigration and Nationality Act (8 U.S.C.
    1356(s)) is amended--
            (1) in paragraph (2), by striking ``55 percent'' and inserting
        ``50 percent'';
            (2) in paragraph (3), by striking ``22 percent'' and inserting
        ``30 percent'';
            (3) in paragraph (4)(A), by striking ``15 percent'' and
        inserting ``10 percent'';
            (4) in paragraph (5)--
                (A) by striking ``4 percent'' and inserting ``5 percent'';
            and
                (B) by striking ``Attorney General'' each place that term
            appears and inserting ``Secretary of Homeland Security''; and
            (5) in paragraph (6), by striking ``Beginning with fiscal year
        2000,'' and all that follows through ``within a 7-day period.'' and
        inserting ``Beginning with fiscal year 2000, 5 percent of the
        amounts deposited into the H-1B Nonimmigrant Petitioner Account
        shall remain available to the Secretary of Labor until expended for
        decreasing the processing time for applications under section
        212(n)(1).''.

    SEC. 428. GRANTS FOR JOB TRAINING FOR EMPLOYMENT IN HIGH GROWTH
                  INDUSTRIES.

        Section 414(c) of the American Competitiveness and Workforce
    Improvement Act of 1998 (112 Stat. 2681-653) is amended to read as
    follows:
        ``(c) Job Training Grants.--
            ``(1) In general.--The Secretary of Labor shall use funds
        available under section 286(s)(2) of the Immigration and
        Nationality Act (8 U.S.C. 1356(s)(2)) to award grants to eligible
        entities to provide job training and related activities for workers
        to assist them in obtaining or upgrading employment in industries
        and economic sectors identified pursuant to paragraph (4) that are
        projected to experience significant growth and ensure that job
        training and related activities funded by such grants are
        coordinated with the public workforce investment system.
            ``(2) Use of funds.--
                ``(A) Training provided.--Funds under this subsection may
            be used to provide job training services and related activities
            that are designed to assist workers (including unemployed and
            employed workers) in gaining the skills and competencies needed
            to obtain or upgrade career ladder employment positions in the
            industries and economic sectors identified pursuant to
            paragraph (4).
                ``(B) Enhanced training programs and information.--In order
            to facilitate the provision of job training services described
            in subparagraph (A), funds under this subsection may be used to
            assist in the development and implementation of model
            activities such as developing appropriate curricula to build
            core competencies and train workers, identifying and
            disseminating career and skill information, and increasing the
            integration of community and technical college activities with
            activities of businesses and the public workforce investment
            system to meet the training needs for the industries and
            economic sectors identified pursuant to paragraph (4).
            ``(3) Eligible entities.--Grants under this subsection may be
        awarded to partnerships of private and public sector entities,
        which may include--
                ``(A) businesses or business-related nonprofit
            organizations, such as trade associations;
                ``(B) education and training providers, including community
            colleges and other community-based organizations; and
                ``(C) entities involved in administering the workforce
            investment system established under title I of the Workforce
            Investment Act of 1998, and economic development agencies.
            ``(4) High growth industries and economic sectors.--For
        purposes of this subsection, the Secretary of Labor, in
        consultation with State workforce investment boards, shall identify
        industries and economic sectors that are projected to experience
        significant growth, taking into account appropriate factors, such
        as the industries and sectors that--
                ``(A) are projected to add substantial numbers of new jobs
            to the economy;
                ``(B) are being transformed by technology and innovation
            requiring new skill sets for workers;
                ``(C) are new and emerging businesses that are projected to
            grow; or
                ``(D) have a significant impact on the economy overall or
            on the growth of other industries and economic sectors.
            ``(5) Equitable distribution.--In awarding grants under this
        subsection, the Secretary of Labor shall ensure an equitable
        distribution of such grants across geographically diverse areas.
            ``(6) Leveraging of resources and authority to require match.--
                ``(A) Leveraging of resources.--In awarding grants under
            this subsection, the Secretary of Labor shall take into
            account, in addition to other factors the Secretary determines
            are appropriate--
                    ``(i) the extent to which resources other than the
                funds provided under this subsection will be made available
                by the eligible entities applying for grants to support the
                activities carried out under this subsection; and
                    ``(ii) the ability of such entities to continue to
                carry out and expand such activities after the expiration
                of the grants.
                ``(B) Authority to require match.--The Secretary of Labor
            may require the provision of specified levels of a matching
            share of cash or noncash resources from resources other than
            the funds provided under this subsection for projects funded
            under this subsection.
            ``(7) Performance accountability.--The Secretary of Labor shall
        require grantees to report on the employment outcomes obtained by
        workers receiving training under this subsection using indicators
        of performance that are consistent with other indicators used for
        employment and training programs administered by the Secretary,
        such as entry into employment, retention in employment, and
        increases in earnings. The Secretary of Labor may also require
        grantees to participate in evaluations of projects carried out
        under this subsection.''.

    SEC. 429. NATIONAL SCIENCE FOUNDATION LOW-INCOME SCHOLARSHIP PROGRAM.

        (a) Expansion of Eligibility.--Section 414(d)(2)(A)(iii) of the
    American Competitiveness and Workforce Improvement Act of 1998 (42
    U.S.C. 1869c(d)(2)(A)(iii)) is amended by striking ``or computer
    science.'' and inserting ``computer science, or other technology and
    science programs designated by the Director.''.
        (b) Increase in Award Amount.--Section 414(d)(3) of the American
    Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C.
    1869c(d)(3)) is amended by striking ``$3,125 per year'' and inserting
    ``$10,000 per year''.
        (c) Funds.--Section 414(d)(4) of the American Competitiveness and
    Workforce Improvement Act of 1998 (42 U.S.C. 1869c(d)(4)) is amended by
    adding at the end the following: ``The Director may use no more than 50
    percent of such funds for undergraduate programs for curriculum
    development, professional and workforce development, and to advance
    technological education. Funds for these other programs may be used for
    purposes other than scholarships.''.
        (d) Publication of Eligible Programs.--Section 414(d) of the
    American Competitiveness and Workforce Improvement Act of 1998 (42
    U.S.C. 1869c(d)) is amended by adding at the end the following:
            ``(5) Federal register.--Not later than 60 days after the date
        of enactment of the L-1 Visa and H-1B Visa Reform Act, the Director
        shall publish in the Federal Register a list of eligible programs
        of study.''.

    SEC. 430. EFFECTIVE DATES.

        (a) In General.--Except as provided in subsection (b), this
    subtitle and the amendments made by this subtitle shall take effect 90
    days after the date of enactment of this Act.
        (b) Exceptions.--The amendments made by sections 422(b), 426(a),
    and 427 shall take effect upon the date of enactment of this Act.

                    TITLE V--NATIONAL AVIATION HERITAGE AREA

    SEC. 501. SHORT TITLE.

        This title may be cited as the ``National Aviation Heritage Area
    Act''.

    SEC. 502. FINDINGS AND PURPOSE.

        (a) Findings.--Congress finds the following:
            (1) Few technological advances have transformed the world or
        our Nation's economy, society, culture, and national character as
        the development of powered flight.
            (2) The industrial, cultural, and natural heritage legacies of
        the aviation and aerospace industry in the State of Ohio are
        nationally significant.
            (3) Dayton, Ohio, and other defined areas where the development
        of the airplane and aerospace technology established our Nation's
        leadership in both civil and military aeronautics and astronautics
        set the foundation for the 20th Century to be an American Century.
            (4) Wright-Patterson Air Force Base in Dayton, Ohio, is the
        birthplace, the home, and an integral part of the future of
        aerospace.
            (5) The economic strength of our Nation is connected integrally
        to the vitality of the aviation and aerospace industry, which is
        responsible for an estimated 11,200,000 American jobs.
            (6) The industrial and cultural heritage of the aviation and
        aerospace industry in the State of Ohio includes the social history
        and living cultural traditions of several generations.
            (7) The Department of the Interior is responsible for
        protecting and interpreting the Nation's cultural and historic
        resources, and there are significant examples of these resources
        within Ohio to merit the involvement of the Federal Government to
        develop programs and projects in cooperation with the Aviation
        Heritage Foundation, Incorporated, the State of Ohio, and other
        local and governmental entities to adequately conserve, protect,
        and interpret this heritage for the educational and recreational
        benefit of this and future generations of Americans, while
        providing opportunities for education and revitalization.
            (8) Since the enactment of the Dayton Aviation Heritage
        Preservation Act of 1992 (Public Law 102-419), partnerships among
        the Federal, State, and local governments and the private sector
        have greatly assisted the development and preservation of the
        historic aviation resources in the Miami Valley.
            (9) An aviation heritage area centered in Southwest Ohio is a
        suitable and feasible management option to increase collaboration,
        promote heritage tourism, and build on the established partnerships
        among Ohio's historic aviation resources and related sites.
            (10) A critical level of collaboration among the historic
        aviation resources in Southwest Ohio cannot be achieved without a
        congressionally established national heritage area and the support
        of the National Park Service and other Federal agencies which own
        significant historic aviation-related sites in Ohio.
            (11) The Aviation Heritage Foundation, Incorporated, would be
        an appropriate management entity to oversee the development of the
        National Aviation Heritage Area.
            (12) Five National Park Service and Dayton Aviation Heritage
        Commission studies and planning documents: ``Study of Alternatives:
        Dayton's Aviation Heritage'', ``Dayton Aviation Heritage National
        Historical Park Suitability/Feasibility Study'', ``Dayton Aviation
        Heritage General Management Plan'', ``Dayton Historic Resources
        Preservation and Development Plan'', and Heritage Area Concept
        Study, demonstrated that sufficient historical resources exist to
        establish the National Aviation Heritage Area.
            (13) With the advent of the 100th anniversary of the first
        powered flight in 2003, it is recognized that the preservation of
        properties nationally significant in the history of aviation is an
        important goal for the future education of Americans.
            (14) Local governments, the State of Ohio, and private sector
        interests have embraced the heritage area concept and desire to
        enter into a partnership with the Federal Government to preserve,
        protect, and develop the Heritage Area for public benefit.
            (15) The National Aviation Heritage Area would complement and
        enhance the aviation-related resources within the National Park
        Service, especially the Dayton Aviation Heritage National
        Historical Park, Ohio.
        (b) Purpose.--The purpose of this title is to establish the
    Heritage Area to--
            (1) encourage and facilitate collaboration among the
        facilities, sites, organizations, governmental entities, and
        educational institutions within the Heritage Area to promote
        heritage tourism and to develop educational and cultural programs
        for the public;
            (2) preserve and interpret for the educational and
        inspirational benefit of present and future generations the unique
        and significant contributions to our national heritage of certain
        historic and cultural lands, structures, facilities, and sites
        within the National Aviation Heritage Area;
            (3) encourage within the National Aviation Heritage Area a
        broad range of economic opportunities enhancing the quality of life
        for present and future generations;
            (4) provide a management framework to assist the State of Ohio,
        its political subdivisions, other areas, and private organizations,
        or combinations thereof, in preparing and implementing an
        integrated Management Plan to conserve their aviation heritage and
        in developing policies and programs that will preserve, enhance,
        and interpret the cultural, historical, natural, recreation, and
        scenic resources of the Heritage Area; and
            (5) authorize the Secretary to provide financial and technical
        assistance to the State of Ohio, its political subdivisions, and
        private organizations, or combinations thereof, in preparing and
        implementing the private Management Plan.

    SEC. 503. DEFINITIONS.

        For purposes of this title:
            (1) Board.--The term ``Board'' means the Board of Directors of
        the Foundation.
            (2) Financial assistance.--The term ``financial assistance''
        means funds appropriated by Congress and made available to the
        management entity for the purpose of preparing and implementing the
        Management Plan.
            (3) Heritage area.--The term ``Heritage Area'' means the
        National Aviation Heritage Area established by section 104 to
        receive, distribute, and account for Federal funds appropriated for
        the purpose of this title.
            (4) Management plan.--The term ``Management Plan'' means the
        management plan for the Heritage Area developed under section 106.
            (5) Management entity.--The term ``management entity'' means
        the Aviation Heritage Foundation, Incorporated (a nonprofit
        corporation established under the laws of the State of Ohio).
            (6) Partner.--The term ``partner'' means a Federal, State, or
        local governmental entity, organization, private industry,
        educational institution, or individual involved in promoting the
        conservation and preservation of the cultural and natural resources
        of the Heritage Area.
            (7) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.
            (8) Technical assistance.--The term ``technical assistance''
        means any guidance, advice, help, or aid, other than financial
        assistance, provided by the Secretary.

    SEC. 504. NATIONAL AVIATION HERITAGE AREA.

        (a) Establishment.--There is established in the States of Ohio and
    Indiana, the National Aviation Heritage Area.
        (b) Boundaries.--The Heritage Area shall include the following:
            (1) A core area consisting of resources in Montgomery, Greene,
        Warren, Miami, Clark, Champaign, Shelby, and Auglaize Counties in
        Ohio.
            (2) The Neil Armstrong Air & Space Museum, Wapakoneta, Ohio.
            (3) Sites, buildings, and districts within the core area
        recommended by the Management Plan.
        (c) Map.--A map of the Heritage Area shall be included in the
    Management Plan. The map shall be on file in the appropriate offices of
    the National Park Service, Department of the Interior.
        (d) Management Entity.--The management entity for the Heritage Area
    shall be the Aviation Heritage Foundation.

    SEC. 505. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

        (a) Authorities.--For purposes of implementing the Management Plan,
    the management entity may use Federal funds made available through this
    title to--
            (1) make grants to, and enter into cooperative agreements with,
        the State of Ohio and political subdivisions of that State, private
        organizations, or any person;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
        (b) Duties.--The management entity shall--
            (1) develop and submit to the Secretary for approval the
        proposed Management Plan in accordance with section 106;
            (2) give priority to implementing actions set forth in the
        Management Plan, including taking steps to assist units of
        government and nonprofit organizations in preserving resources
        within the Heritage Area;
            (3) consider the interests of diverse governmental, business,
        and nonprofit groups within the Heritage Area in developing and
        implementing the Management Plan;
            (4) maintain a collaboration among the partners to promote
        heritage tourism and to assist partners to develop educational and
        cultural programs for the public;
            (5) encourage economic viability in the Heritage Area
        consistent with the goals of the Management Plan;
            (6) assist units of government and nonprofit organizations in--
                (A) establishing and maintaining interpretive exhibits in
            the Heritage Area;
                (B) developing recreational resources in the Heritage Area;
                (C) increasing public awareness of and appreciation for the
            historical, natural, and architectural resources and sites in
            the Heritage Area; and
                (D) restoring historic buildings that relate to the
            purposes of the Heritage Area;
            (7) conduct public meetings at least quarterly regarding the
        implementation of the Management Plan;
            (8) submit substantial amendments to the Management Plan to the
        Secretary for the approval of the Secretary; and
            (9) for any year in which Federal funds have been received
        under this title--
                (A) submit an annual report to the Secretary that sets
            forth the accomplishments of the management entity and its
            expenses and income;
                (B) make available to the Secretary for audit all records
            relating to the expenditure of such funds and any matching
            funds; and
                (C) require, with respect to all agreements authorizing
            expenditure of Federal funds by other organizations, that the
            receiving organizations make available to the Secretary for
            audit all records concerning the expenditure of such funds.
        (c) Use of Federal Funds.--
            (1) In general.--The management entity shall not use Federal
        funds received under this title to acquire real property or an
        interest in real property.
            (2) Other sources.--Nothing in this title precludes the
        management entity from using Federal funds from other sources for
        authorized purposes.

    SEC. 506. MANAGEMENT PLAN.

        (a) Preparation of Plan.--Not later than 3 years after the date of
    the enactment of this title, the management entity shall submit to the
    Secretary for approval a proposed Management Plan that shall take into
    consideration State and local plans and involve residents, public
    agencies, and private organizations in the Heritage Area.
        (b) Contents.--The Management Plan shall incorporate an integrated
    and cooperative approach for the protection, enhancement, and
    interpretation of the natural, cultural, historic, scenic, and
    recreational resources of the Heritage Area and shall include the
    following:
            (1) An inventory of the resources contained in the core area of
        the Heritage Area, including the Dayton Aviation Heritage
        Historical Park, the sites, buildings, and districts listed in
        section 202 of the Dayton Aviation Heritage Preservation Act of
        1992 (Public Law 102-419), and any other property in the Heritage
        Area that is related to the themes of the Heritage Area and that
        should be preserved, restored, managed, or maintained because of
        its significance.
            (2) An assessment of cultural landscapes within the Heritage
        Area.
            (3) Provisions for the protection, interpretation, and
        enjoyment of the resources of the Heritage Area consistent with the
        purposes of this title.
            (4) An interpretation plan for the Heritage Area.
            (5) A program for implementation of the Management Plan by the
        management entity, including the following:
                (A) Facilitating ongoing collaboration among the partners
            to promote heritage tourism and to develop educational and
            cultural programs for the public.
                (B) Assisting partners planning for restoration and
            construction.
                (C) Specific commitments of the partners for the first 5
            years of operation.
            (6) The identification of sources of funding for implementing
        the plan.
            (7) A description and evaluation of the management entity,
        including its membership and organizational structure.
        (c) Disqualification From Funding.--If a proposed Management Plan
    is not submitted to the Secretary within 3 years of the date of the
    enactment of this title, the management entity shall be ineligible to
    receive additional funding under this title until the date on which the
    Secretary receives the proposed Management Plan.
        (d) Approval and Disapproval of Management Plan.--The Secretary, in
    consultation with the State of Ohio, shall approve or disapprove the
    proposed Management Plan submitted under this title not later than 90
    days after receiving such proposed Management Plan.
        (e) Action Following Disapproval.--If the Secretary disapproves a
    proposed Management Plan, the Secretary shall advise the management
    entity in writing of the reasons for the disapproval and shall make
    recommendations for revisions to the proposed Management Plan. The
    Secretary shall approve or disapprove a proposed revision within 90
    days after the date it is submitted.
        (f) Approval of Amendments.--The Secretary shall review and approve
    substantial amendments to the Management Plan. Funds appropriated under
    this title may not be expended to implement any changes made by such
    amendment until the Secretary approves the amendment.

    SEC. 507. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

        (a) Technical and Financial Assistance.--Upon the request of the
    management entity, the Secretary may provide technical assistance, on a
    reimbursable or nonreimbursable basis, and financial assistance to the
    Heritage Area to develop and implement the management plan. The
    Secretary is authorized to enter into cooperative agreements with the
    management entity and other public or private entities for this
    purpose. In assisting the Heritage Area, the Secretary shall give
    priority to actions that in general assist in--
            (1) conserving the significant natural, historic, cultural, and
        scenic resources of the Heritage Area; and
            (2) providing educational, interpretive, and recreational
        opportunities consistent with the purposes of the Heritage Area.
        (b) Duties of Other Federal Agencies.--Any Federal agency
    conducting or supporting activities directly affecting the Heritage
    Area shall--
            (1) consult with the Secretary and the management entity with
        respect to such activities;
            (2) cooperate with the Secretary and the management entity in
        carrying out their duties under this title;
            (3) to the maximum extent practicable, coordinate such
        activities with the carrying out of such duties; and
            (4) to the maximum extent practicable, conduct or support such
        activities in a manner which the management entity determines will
        not have an adverse effect on the Heritage Area.

    SEC. 508. COORDINATION BETWEEN THE SECRETARY AND THE SECRETARY OF
                  DEFENSE AND THE ADMINISTRATOR OF NASA.

        The decisions concerning the execution of this title as it applies
    to properties under the control of the Secretary of Defense and the
    Administrator of the National Aeronautics and Space Administration
    shall be made by such Secretary or such Administrator, in consultation
    with the Secretary of the Interior.

    SEC. 509. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

        (a) Notification and Consent of Property Owners Required.--No
    privately owned property shall be preserved, conserved, or promoted by
    the management plan for the Heritage Area until the owner of that
    private property has been notified in writing by the management entity
    and has given written consent for such preservation, conservation, or
    promotion to the management entity.
        (b) Landowner Withdraw.--Any owner of private property included
    within the boundary of the Heritage Area shall have their property
    immediately removed from the boundary by submitting a written request
    to the management entity.

    SEC. 510. PRIVATE PROPERTY PROTECTION.

        (a) Access to Private Property.--Nothing in this title shall be
    construed to--
            (1) require any private property owner to allow public access
        (including Federal, State, or local government access) to such
        private property; or
            (2) modify any provision of Federal, State, or local law with
        regard to public access to or use of private property.
        (b) Liability.--Designation of the Heritage Area shall not be
    considered to create any liability, or to have any effect on any
    liability under any other law, of any private property owner with
    respect to any persons injured on such private property.
        (c) Recognition of Authority To Control Land Use.--Nothing in this
    title shall be construed to modify the authority of Federal, State, or
    local governments to regulate land use.
        (d) Participation of Private Property Owners in Heritage Area.--
    Nothing in this title shall be construed to require the owner of any
    private property located within the boundaries of the Heritage Area to
    participate in or be associated with the Heritage Area.
        (e) Effect of Establishment.--The boundaries designated for the
    Heritage Area represent the area within which Federal funds
    appropriated for the purpose of this title may be expended. The
    establishment of the Heritage Area and its boundaries shall not be
    construed to provide any nonexisting regulatory authority on land use
    within the Heritage Area or its viewshed by the Secretary, the National
    Park Service, or the management entity.

    SEC. 511. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--To carry out this title there is authorized to be
    appropriated $10,000,000, except that not more than $1,000,000 may be
    appropriated to carry out this title for any fiscal year.
        (b) Fifty Percent Match.--The Federal share of the cost of
    activities carried out using any assistance or grant under this title
    shall not exceed 50 percent.

    SEC. 512. SUNSET PROVISION.

        The authority of the Secretary to provide assistance under this
    title terminates on the date that is 15 years after the date that funds
    are first made available for this title.

    SEC. 513. WRIGHT COMPANY FACTORY STUDY AND REPORT.

        (a) Study.--
            (1) In general.--The Secretary shall conduct a special resource
        study updating the study required under section 104 of the Dayton
        Aviation Heritage Preservation Act of 1992 (Public Law 102-419) and
        detailing alternatives for incorporating the Wright Company factory
        as a unit of Dayton Aviation Heritage National Historical Park.
            (2) Contents.--The study shall include an analysis of
        alternatives for including the Wright Company factory as a unit of
        Dayton Aviation Heritage National Historical Park that detail
        management and development options and costs.
            (3) Consultation.--In conducting the study, the Secretary shall
        consult with the Delphi Corporation, the Aviation Heritage
        Foundation, State and local agencies, and other interested parties
        in the area.
        (b) Report.--Not later than 3 years after funds are first made
    available for this section, the Secretary shall submit to the Committee
    on Resources of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate a report describing the
    results of the study conducted under this section.

                  TITLE VI--OIL REGION NATIONAL HERITAGE AREA

    SEC. 601. SHORT TITLE; DEFINITIONS.

        (a) Short Title.--This title may be cited as the ``Oil Region
    National Heritage Area Act''.
        (b) Definitions.--For the purposes of this title, the following
    definitions shall apply:
            (1) Heritage area.--The term ``Heritage Area'' means the Oil
        Region National Heritage Area established in section 603(a).
            (2) Management entity.--The term ``management entity'' means
        the Oil Heritage Region, Inc., or its successor entity.
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.

    SEC. 602. FINDINGS AND PURPOSE.

        (a) Findings.--The Congress finds the following:
            (1) The Oil Region of Northwestern Pennsylvania, with numerous
        sites and districts listed on the National Register of Historic
        Places, and designated by the Governor of Pennsylvania as one of
        the State Heritage Park Areas, is a region with tremendous physical
        and natural resources and possesses a story of State, national, and
        international significance.
            (2) The single event of Colonel Edwin Drake's drilling of the
        world's first successful oil well in 1859 has affected the
        industrial, natural, social, and political structures of the modern
        world.
            (3) Six national historic districts are located within the
        State Heritage Park boundary, in Emlenton, Franklin, Oil City, and
        Titusville, as well as 17 separate National Register sites.
            (4) The Allegheny River, which was designated as a component of
        the national wild and scenic rivers system in 1992 by Public Law
        102-271, traverses the Oil Region and connects several of its major
        sites, as do some of the river's tributaries such as Oil Creek,
        French Creek, and Sandy Creek.
            (5) The unspoiled rural character of the Oil Region provides
        many natural and recreational resources, scenic vistas, and
        excellent water quality for people throughout the United States to
        enjoy.
            (6) Remnants of the oil industry, visible on the landscape to
        this day, provide a direct link to the past for visitors, as do the
        historic valley settlements, riverbed settlements, plateau
        developments, farmlands, and industrial landscapes.
            (7) The Oil Region also represents a cross section of American
        history associated with Native Americans, frontier settlements, the
        French and Indian War, African Americans and the Underground
        Railroad, and immigration of Swedish and Polish individuals, among
        others.
            (8) Involvement by the Federal Government shall serve to
        enhance the efforts of the Commonwealth of Pennsylvania, volunteer
        organizations, and private businesses, to promote the cultural,
        national, and recreational resources of the region in order to
        fulfill their full potential.
        (b) Purpose.--The purpose of this title is to enhance a cooperative
    management framework to assist the Commonwealth of Pennsylvania, its
    units of local government, and area citizens in conserving, enhancing,
    and interpreting the significant features of the lands, water, and
    structures of the Oil Region, in a manner consistent with compatible
    economic development for the benefit and inspiration of present and
    future generations in the Commonwealth of Pennsylvania and the United
    States.

    SEC. 603. OIL REGION NATIONAL HERITAGE AREA.

        (a) Establishment.--There is hereby established the Oil Region
    National Heritage Area.
        (b) Boundaries.--The boundaries of the Heritage Area shall include
    all of those lands depicted on a map entitled ``Oil Region National
    Heritage Area'', numbered OIRE/20,000 and dated October 2000. The map
    shall be on file in the appropriate offices of the National Park
    Service. The Secretary of the Interior shall publish in the Federal
    Register, as soon as practical after the date of the enactment of this
    Act, a detailed description and map of the boundaries established under
    this subsection.
        (c) Management Entity.--The management entity for the Heritage Area
    shall be the Oil Heritage Region, Inc., the locally based private,
    nonprofit management corporation which shall oversee the development of
    a management plan in accordance with section 605(b).

    SEC. 604. COMPACT.

        To carry out the purposes of this title, the Secretary shall enter
    into a compact with the management entity. The compact shall include
    information relating to the objectives and management of the area,
    including a discussion of the goals and objectives of the Heritage
    Area, including an explanation of the proposed approach to conservation
    and interpretation and a general outline of the protection measures
    committed to by the Secretary and management entity.

    SEC. 605. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

        (a) Authorities of the Management Entity.--The management entity
    may use funds made available under this title for purposes of
    preparing, updating, and implementing the management plan developed
    under subsection (b). Such purposes may include--
            (1) making grants to, and entering into cooperative agreements
        with, States and their political subdivisions, private
        organizations, or any other person;
            (2) hiring and compensating staff; and
            (3) undertaking initiatives that advance the purposes of the
        Heritage Area.
        (b) Management Plan.--The management entity shall develop a
    management plan for the Heritage Area that--
            (1) presents comprehensive strategies and recommendations for
        conservation, funding, management, and development of the Heritage
        Area;
            (2) takes into consideration existing State, county, and local
        plans and involves residents, public agencies, and private
        organizations working in the Heritage Area;
            (3) includes a description of actions that units of government
        and private organizations have agreed to take to protect the
        resources of the Heritage Area;
            (4) specifies the existing and potential sources of funding to
        protect, manage, and develop the Heritage Area;
            (5) includes an inventory of the resources contained in the
        Heritage Area, including a list of any property in the Heritage
        Area that is related to the themes of the Heritage Area and that
        should be preserved, restored, managed, developed, or maintained
        because of its natural, cultural, historic, recreational, or scenic
        significance;
            (6) describes a program for implementation of the management
        plan by the management entity, including plans for restoration and
        construction, and specific commitments for that implementation that
        have been made by the management entity and any other persons for
        the first 5 years of implementation;
            (7) lists any revisions to the boundaries of the Heritage Area
        proposed by the management entity and requested by the affected
        local government; and
            (8) includes an interpretation plan for the Heritage Area.
        (c) Deadline; Termination of Funding.--
            (1) Deadline.--The management entity shall submit the
        management plan to the Secretary within 2 years after the funds are
        made available for this title.
            (2) Termination of funding.--If a management plan is not
        submitted to the Secretary in accordance with this subsection, the
        management entity shall not qualify for Federal assistance under
        this title.
        (d) Duties of Management Entity.--The management entity shall--
            (1) give priority to implementing actions set forth in the
        compact and management plan;
            (2) assist units of government, regional planning
        organizations, and nonprofit organizations in--
                (A) establishing and maintaining interpretive exhibits in
            the Heritage Area;
                (B) developing recreational resources in the Heritage Area;
                (C) increasing public awareness of and appreciation for the
            natural, historical, and architectural resources and sites in
            the Heritage Area;
                (D) the restoration of any historic building relating to
            the themes of the Heritage Area;
                (E) ensuring that clear signs identifying access points and
            sites of interest are put in place throughout the Heritage
            Area; and
                (F) carrying out other actions that the management entity
            determines to be advisable to fulfill the purposes of this
            title;
            (3) encourage by appropriate means economic viability in the
        Heritage Area consistent with the goals of the management plan;
            (4) consider the interests of diverse governmental, business,
        and nonprofit groups within the Heritage Area; and
            (5) for any year in which Federal funds have been provided to
        implement the management plan under subsection (b)--
                (A) conduct public meetings at least annually regarding the
            implementation of the management plan;
                (B) submit an annual report to the Secretary setting forth
            accomplishments, expenses and income, and each person to which
            any grant was made by the management entity in the year for
            which the report is made; and
                (C) require, for all agreements entered into by the
            management entity authorizing expenditure of Federal funds by
            any other person, that the person making the expenditure make
            available to the management entity for audit all records
            pertaining to the expenditure of such funds.
        (e) Prohibition on the Acquisition of Real Property.--The
    management entity may not use Federal funds received under this title
    to acquire real property or an interest in real property.

    SEC. 606. DUTIES AND AUTHORITIES OF THE SECRETARY.

        (a) Technical and Financial Assistance.--
            (1) In general.--
                (A) Overall assistance.--The Secretary may, upon the
            request of the management entity, and subject to the
            availability of appropriations, provide technical and financial
            assistance to the management entity to carry out its duties
            under this title, including updating and implementing a
            management plan that is submitted under section 605(b) and
            approved by the Secretary and, prior to such approval,
            providing assistance for initiatives.
                (B) Other assistance.--If the Secretary has the resources
            available to provide technical assistance to the management
            entity to carry out its duties under this title (including
            updating and implementing a management plan that is submitted
            under section 605(b) and approved by the Secretary and, prior
            to such approval, providing assistance for initiatives), upon
            the request of the management entity the Secretary shall
            provide such assistance on a reimbursable basis. This
            subparagraph does not preclude the Secretary from providing
            nonreimbursable assistance under subparagraph (A).
            (2) Priority.--In assisting the management entity, the
        Secretary shall give priority to actions that assist in the--
                (A) implementation of the management plan;
                (B) provision of educational assistance and advice
            regarding land and water management techniques to conserve the
            significant natural resources of the region;
                (C) development and application of techniques promoting the
            preservation of cultural and historic properties;
                (D) preservation, restoration, and reuse of publicly and
            privately owned historic buildings;
                (E) design and fabrication of a wide range of interpretive
            materials based on the management plan, including guide
            brochures, visitor displays, audio-visual and interactive
            exhibits, and educational curriculum materials for public
            education; and
                (F) implementation of initiatives prior to approval of the
            management plan.
            (3) Documentation of structures.--The Secretary, acting through
        the Historic American Building Survey and the Historic American
        Engineering Record, shall conduct studies necessary to document the
        industrial, engineering, building, and architectural history of the
        Heritage Area.
        (b) Approval and Disapproval of Management Plans.--The Secretary,
    in consultation with the Governor of Pennsylvania, shall approve or
    disapprove a management plan submitted under this title not later than
    90 days after receiving such plan. In approving the plan, the Secretary
    shall take into consideration the following criteria:
            (1) The extent to which the management plan adequately
        preserves and protects the natural, cultural, and historical
        resources of the Heritage Area.
            (2) The level of public participation in the development of the
        management plan.
            (3) The extent to which the board of directors of the
        management entity is representative of the local government and a
        wide range of interested organizations and citizens.
        (c) Action Following Disapproval.--If the Secretary disapproves a
    management plan, the Secretary shall advise the management entity in
    writing of the reasons for the disapproval and shall make
    recommendations for revisions in the management plan. The Secretary
    shall approve or disapprove a proposed revision within 90 days after
    the date it is submitted.
        (d) Approving Changes.--The Secretary shall review and approve
    amendments to the management plan under section 605(b) that make
    substantial changes. Funds appropriated under this title may not be
    expended to implement such changes until the Secretary approves the
    amendments.
        (e) Effect of Inaction.--If the Secretary does not approve or
    disapprove a management plan, revision, or change within 90 days after
    it is submitted to the Secretary, then such management plan, revision,
    or change shall be deemed to have been approved by the Secretary.

    SEC. 607. DUTIES OF OTHER FEDERAL ENTITIES.

        Any Federal entity conducting or supporting activities directly
    affecting the Heritage Area shall--
            (1) consult with the Secretary and the management entity with
        respect to such activities;
            (2) cooperate with the Secretary and the management entity in
        carrying out their duties under this title and, to the maximum
        extent practicable, coordinate such activities with the carrying
        out of such duties; and
            (3) to the maximum extent practicable, conduct or support such
        activities in a manner that the management entity determines shall
        not have an adverse effect on the Heritage Area.

    SEC. 608. SUNSET.

        The Secretary may not make any grant or provide any assistance
    under this title after the expiration of the 15-year period beginning
    on the date that funds are first made available for this title.

    SEC. 609. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

        (a) Notification and Consent of Property Owners Required.--No
    privately owned property shall be preserved, conserved, or promoted by
    the management plan for the Heritage Area until the owner of that
    private property has been notified in writing by the management entity
    and has given written consent for such preservation, conservation, or
    promotion to the management entity.
        (b) Landowner Withdraw.--Any owner of private property included
    within the boundary of the Heritage Area shall have their property
    immediately removed from the boundary by submitting a written request
    to the management entity.

    SEC. 610. PRIVATE PROPERTY PROTECTION.

        (a) Access to Private Property.--Nothing in this title shall be
    construed to--
            (1) require any private property owner to allow public access
        (including Federal, State, or local government access) to such
        private property; or
            (2) modify any provision of Federal, State, or local law with
        regard to public access to or use of private property.
        (b) Liability.--Designation of the Heritage Area shall not be
    considered to create any liability, or to have any effect on any
    liability under any other law, of any private property owner with
    respect to any persons injured on such private property.
        (c) Recognition of Authority To Control Land Use.--Nothing in this
    title shall be construed to modify the authority of Federal, State, or
    local governments to regulate land use.
        (d) Participation of Private Property Owners in Heritage Area.--
    Nothing in this title shall be construed to require the owner of any
    private property located within the boundaries of the Heritage Area to
    participate in or be associated with the Heritage Area.
        (e) Effect of Establishment.--The boundaries designated for the
    Heritage Area represent the area within which Federal funds
    appropriated for the purpose of this title may be expended. The
    establishment of the Heritage Area and its boundaries shall not be
    construed to provide any nonexisting regulatory authority on land use
    within the Heritage Area or its viewshed by the Secretary, the National
    Park Service, or the management entity.

    SEC. 611. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

        Nothing in this title shall preclude the management entity from
    using Federal funds available under Acts other than this title for the
    purposes for which those funds were authorized.

    SEC. 612. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There are authorized to be appropriated to carry
    out this title--
            (1) not more than $1,000,000 for any fiscal year; and
            (2) not more than a total of $10,000,000.
        (b) 50 Percent Match.--Financial assistance provided under this
    title may not be used to pay more than 50 percent of the total cost of
    any activity carried out with that assistance.

          TITLE VII--MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA ACT

    SEC. 701. SHORT TITLE.

        This title may be cited as the ``Mississippi Gulf Coast National
    Heritage Area Act''.

    SEC. 702. CONGRESSIONAL FINDINGS.

        Congress finds that--
            (1) the 6-county area in southern Mississippi located on the
        Gulf of Mexico and in the Mississippi Coastal Plain has a unique
        identity that is shaped by--
                (A) the coastal and riverine environment; and
                (B) the diverse cultures that have settled in the area;
            (2) the area is rich with diverse cultural and historical
        significance, including--
                (A) early Native American settlements; and
                (B) Spanish, French, and English settlements originating in
            the 1600s;
            (3) the area includes spectacular natural, scenic, and
        recreational resources;
            (4) there is broad support from local governments and other
        interested individuals for the establishment of the Mississippi
        Gulf Coast National Heritage Area to coordinate and assist in the
        preservation and interpretation of those resources;
            (5) the Comprehensive Resource Management Plan, coordinated by
        the Mississippi Department of Marine Resources--
                (A) is a collaborative effort of the Federal Government and
            State and local governments in the area; and
                (B) is a natural foundation on which to establish the
            Heritage Area; and
            (6) establishment of the Heritage Area would assist local
        communities and residents in preserving the unique cultural,
        historical, and natural resources of the area.

    SEC. 703. DEFINITIONS.

        In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Mississippi Gulf Coast National Heritage Area established by
        section 4(a).
            (2) Coordinating entity.--The term ``coordinating entity''
        means the coordinating entity for the Heritage Area designated by
        section 4(c).
            (3) Management plan.--The term ``management plan'' means the
        management plan for the Heritage Area developed under section 5.
            (4) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.
            (5) State.--The term ``State'' means the State of Mississippi.

    SEC. 704. MISSISSIPPI GULF COAST NATIONAL HERITAGE AREA.

        (a) Establishment.--There is established in the State the
    Mississippi Gulf Coast National Heritage Area.
        (b) Boundaries.--The Heritage Area shall consist of the counties of
    Pearl River, Stone, George, Hancock, Harrison, and Jackson in the
    State.
        (c) Coordinating Entity.--
            (1) In general.--The Mississippi Department of Marine
        Resources, in consultation with the Mississippi Department of
        Archives and History, shall serve as the coordinating entity for
        the Heritage Area.
            (2) Oversight committee.--The coordinating entity shall ensure
        that each of the 6 counties included in the Heritage Area is
        appropriately represented on any oversight committee.

    SEC. 705. MANAGEMENT PLAN.

        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the coordinating entity shall develop and submit to the
    Secretary a management plan for the Heritage Area.
        (b) Requirements.--The management plan shall--
            (1) provide recommendations for the conservation, funding,
        management, interpretation, and development of the cultural,
        historical, archaeological, natural, and recreational resources of
        the Heritage Area;
            (2) identify sources of funding for the Heritage Area;
            (3) include--
                (A) an inventory of the cultural, historical,
            archaeological, natural, and recreational resources of the
            Heritage Area; and
                (B) an analysis of ways in which Federal, State, tribal,
            and local programs may best be coordinated to promote the
            purposes of this Act;
            (4) provide recommendations for educational and interpretive
        programs to inform the public about the resources of the Heritage
        Area; and
            (5) involve residents of affected communities and tribal and
        local governments.
        (c) Failure to Submit.--If a management plan is not submitted to
    the Secretary by the date specified in subsection (a), the Secretary
    shall not provide any additional funding under this Act until a
    management plan for the Heritage Area is submitted to the Secretary.
        (d) Approval or Disapproval of the Management Plan.--
            (1) In general.--Not later than 90 days after receipt of the
        management plan under subsection (a), the Secretary shall approve
        or disapprove the management plan.
            (2) Action following disapproval.--If the Secretary disapproves
        a management plan under paragraph (1), the Secretary shall--
                (A) advise the coordinating entity in writing of the
            reasons for disapproval;
                (B) make recommendations for revision of the management
            plan; and
                (C) allow the coordinating entity to submit to the
            Secretary revisions to the management plan.
        (e) Revision.--After approval by the Secretary of the management
    plan, the coordinating entity shall periodically--
            (1) review the management plan; and
            (2) submit to the Secretary, for review and approval by the
        Secretary, any recommendations for revisions to the management
        plan.

    SEC. 706. AUTHORITIES AND DUTIES OF COORDINATING ENTITY.

        (a) Authorities.--For purposes of developing and implementing the
    management plan and otherwise carrying out this Act, the coordinating
    entity may make grants to and provide technical assistance to tribal
    and local governments, and other public and private entities.
        (b) Duties.--In addition to developing the management plan under
    section 5, in carrying out this Act, the coordinating entity shall--
            (1) implement the management plan; and
            (2) assist local and tribal governments and non-profit
        organizations in--
                (A) establishing and maintaining interpretive exhibits in
            the Heritage Area;
                (B) developing recreational resources in the Heritage Area;
                (C) increasing public awareness of, and appreciation for,
            the cultural, historical, archaeological, and natural resources
            of the Heritage Area;
                (D) restoring historic structures that relate to the
            Heritage Area; and
                (E) carrying out any other activity that the coordinating
            entity determines to be appropriate to carry out this Act,
            consistent with the management plan;
            (3) conduct public meetings at least annually regarding the
        implementation of the management plan; and
            (4) for any fiscal year for which Federal funds are made
        available under section 9--
                (A) submit to the Secretary a report that describes, for
            the fiscal year, the actions of the coordinating entity in
            carrying out this Act;
                (B) make available to the Secretary for audit all records
            relating to the expenditure of funds and any matching funds;
            and
                (C) require, for all agreements authorizing the expenditure
            of Federal funds by any entity, that the receiving entity make
            available to the Secretary for audit all records relating to
            the expenditure of the funds.
        (c) Prohibition on Acquisition of Real Property.--The coordinating
    entity shall not use Federal funds made available under this Act to
    acquire real property or any interest in real property.

    SEC. 707. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

        (a) In General.--On the request of the coordinating entity, the
    Secretary may provide technical and financial assistance to the
    coordinating entity for use in the development and implementation of
    the management plan.
        (b) Prohibition of Certain Requirements.--The Secretary may not, as
    a condition of the provision of technical or financial assistance under
    this section, require any recipient of the assistance to impose or
    modify any land use restriction or zoning ordinance.

    SEC. 708. EFFECT OF ACT.

        Nothing in this Act--
            (1) affects or authorizes the coordinating entity to interfere
        with--
                (A) the right of any person with respect to private
            property; or
                (B) any local zoning ordinance or land use plan;
            (2) restricts an Indian tribe from protecting cultural or
        religious sites on tribal land;
            (3) modifies, enlarges, or diminishes the authority of any
        State, tribal, or local government to regulate any use of land
        under any other law (including regulations);
            (4)(A) modifies, enlarges, or diminishes the authority of the
        State to manage fish and wildlife in the Heritage Area, including
        the regulation of fishing and hunting; or
            (B) authorizes the coordinating entity to assume any management
        authorities over such lands; or
            (5) diminishes the trust responsibilities or government-to-
        government obligations of the United States to any federally
        recognized Indian tribe.

    SEC. 709. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There is authorized to be appropriated to carry
    out this Act $10,000,000, of which not more than $1,000,000 may be made
    available for any fiscal year.
        (b) Cost-Sharing Requirement.--The Federal share of the total cost
    of any activity assisted under this Act shall be not more than 50
    percent.

                 VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT

    SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.

        (a) Short Title.--This title may be cited as the ``Federal Lands
    Recreation Enhancement Act''.
        (b) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 801. Short title and table of contents.
    Sec. 802. Definitions.
    Sec. 803. Recreation fee authority.
    Sec. 804. Public participation.
    Sec. 805. Recreation passes.
    Sec. 806. Cooperative agreements.
    Sec. 807. Special account and distribution of fees and revenues.
    Sec. 808. Expenditures.
    Sec. 809. Reports.
    Sec. 810. Sunset provision.
    Sec. 811. Volunteers.
    Sec. 812. Enforcement and protection of receipts.
    Sec. 813. Repeal of superseded admission and use fee authorities.
    Sec. 814. Relation to other laws and fee collection authorities.
    Sec. 815. Limitation on use of fees for employee bonuses.

    SEC. 802. DEFINITIONS.

        In this Act:
            (1) Standard amenity recreation fee.--The term ``standard
        amenity recreation fee'' means the recreation fee authorized by
        section 3(f).
            (2) Expanded amenity recreation fee.--The term ``expanded
        amenity recreation fee'' means the recreation fee authorized by
        section 3(g).
            (3) Entrance fee.--The term ``entrance fee'' means the
        recreation fee authorized to be charged to enter onto lands managed
        by the National Park Service or the United States Fish and Wildlife
        Service.
            (4) Federal land management agency.--The term ``Federal land
        management agency'' means the National Park Service, the United
        States Fish and Wildlife Service, the Bureau of Land Management,
        the Bureau of Reclamation, or the Forest Service.
            (5) Federal recreational lands and waters.--The term ``Federal
        recreational lands and waters'' means lands or waters managed by a
        Federal land management agency.
            (6) National parks and federal recreational lands pass.--The
        term ``National Parks and Federal Recreational Lands Pass'' means
        the interagency national pass authorized by section 5.
            (7) Passholder.--The term ``passholder'' means the person who
        is issued a recreation pass.
            (8) Recreation fee.--The term ``recreation fee'' means an
        entrance fee, standard amenity recreation fee, expanded amenity
        recreation fee, or special recreation permit fee.
            (9) Recreation pass.--The term ``recreation pass'' means the
        National Parks and Federal Recreational Lands Pass or one of the
        other recreation passes available as authorized by section 5.
            (10) Secretary.--The term ``Secretary'' means--
                (A) the Secretary of the Interior, with respect to a
            Federal land management agency (other than the Forest Service);
            and
                (B) the Secretary of Agriculture, with respect to the
            Forest Service.
            (11) Secretaries.--The term ``Secretaries'' means the Secretary
        of the Interior and the Secretary of Agriculture acting jointly.
            (12) Special account.--The term ``special account'' means the
        special account established in the Treasury under section 7 for a
        Federal land management agency.
            (13) Special recreation permit fee.--The term ``special
        recreation permit fee'' means the fee authorized by section 3(h).

    SEC. 803. RECREATION FEE AUTHORITY.

        (a) Authority of Secretary.--Beginning in fiscal year 2005 and
    thereafter, the Secretary may establish, modify, charge, and collect
    recreation fees at Federal recreational lands and waters as provided
    for in this section.
        (b) Basis for Recreation Fees.--Recreation fees shall be
    established in a manner consistent with the following criteria:
            (1) The amount of the recreation fee shall be commensurate with
        the benefits and services provided to the visitor.
            (2) The Secretary shall consider the aggregate effect of
        recreation fees on recreation users and recreation service
        providers.
            (3) The Secretary shall consider comparable fees charged
        elsewhere and by other public agencies and by nearby private sector
        operators.
            (4) The Secretary shall consider the public policy or
        management objectives served by the recreation fee.
            (5) The Secretary shall obtain input from the appropriate
        Recreation Resource Advisory Committee, as provided in section
        4(d).
            (6) The Secretary shall consider such other factors or criteria
        as determined appropriate by the Secretary.
        (c) Special Considerations.--The Secretary shall establish the
    minimum number of recreation fees and shall avoid the collection of
    multiple or layered recreation fees for similar uses, activities, or
    programs.
        (d) Limitations on Recreation Fees.--
            (1) Prohibition on fees for certain activities or services.--
        The Secretary shall not charge any standard amenity recreation fee
        or expanded amenity recreation fee for Federal recreational lands
        and waters administered by the Bureau of Land Management, the
        Forest Service, or the Bureau of Reclamation under this Act for any
        of the following:
                (A) Solely for parking, undesignated parking, or picnicking
            along roads or trailsides.
                (B) For general access unless specifically authorized under
            this section.
                (C) For dispersed areas with low or no investment unless
            specifically authorized under this section.
                (D) For persons who are driving through, walking through,
            boating through, horseback riding through, or hiking through
            Federal recreational lands and waters without using the
            facilities and services.
                (E) For camping at undeveloped sites that do not provide a
            minimum number of facilities and services as described in
            subsection (g)(2)(A).
                (F) For use of overlooks or scenic pullouts.
                (G) For travel by private, noncommercial vehicle over any
            national parkway or any road or highway established as a part
            of the Federal-aid System, as defined in section 101 of title
            23, United States Code, which is commonly used by the public as
            a means of travel between two places either or both of which
            are outside any unit or area at which recreation fees are
            charged under this Act.
                (H) For travel by private, noncommercial vehicle, boat, or
            aircraft over any road or highway, waterway, or airway to any
            land in which such person has any property right if such land
            is within any unit or area at which recreation fees are charged
            under this Act.
                (I) For any person who has a right of access for hunting or
            fishing privileges under a specific provision of law or treaty.
                (J) For any person who is engaged in the conduct of
            official Federal, State, Tribal, or local government business.
                (K) For special attention or extra services necessary to
            meet the needs of the disabled.
            (2) Relation to fees for use of highways or roads.--An entity
        that pays a special recreation permit fee or similar permit fee
        shall not be subject to a road cost-sharing fee or a fee for the
        use of highways or roads that are open to private, noncommercial
        use within the boundaries of any Federal recreational lands or
        waters, as authorized under section 6 of Public Law 88-657 (16
        U.S.C. 537; commonly known as the Forest Roads and Trails Act).
            (3) Prohibition on fees for certain persons or places.--The
        Secretary shall not charge an entrance fee or standard amenity
        recreation fee for the following:
                (A) Any person under 16 years of age.
                (B) Outings conducted for noncommercial educational
            purposes by schools or bona fide academic institutions.
                (C) The U.S.S. Arizona Memorial, Independence National
            Historical Park, any unit of the National Park System within
            the District of Columbia, or Arlington House-Robert E. Lee
            National Memorial.
                (D) The Flight 93 National Memorial.
                (E) Entrance on other routes into the Great Smoky Mountains
            National Park or any part thereof unless fees are charged for
            entrance into that park on main highways and thoroughfares.
                (F) Entrance on units of the National Park System
            containing deed restrictions on charging fees.
                (G) An area or unit covered under section 203 of the Alaska
            National Interest Lands Conservation Act (Public Law 96-487; 16
            U.S.C. 410hh-2), with the exception of Denali National Park and
            Preserve.
                (H) A unit of the National Wildlife Refuge System created,
            expanded, or modified by the Alaska National Interest Lands
            Conservation Act (Public Law 96-487).
                (I) Any person who visits a unit or area under the
            jurisdiction of the United States Fish and Wildlife Service and
            who has been issued a valid migratory bird hunting and
            conservation stamp issued under section 2 of the Act of March
            16, 1934 (16 U.S.C. 718b; commonly known as the Duck Stamp
            Act).
                (J) Any person engaged in a nonrecreational activity
            authorized under a valid permit issued under any other Act,
            including a valid grazing permit.
            (4) No restriction on recreation opportunities.--Nothing in
        this Act shall limit the use of recreation opportunities only to
        areas designated for collection of recreation fees.
        (e) Entrance Fee.--
            (1) Authorized sites for entrance fees.--The Secretary of the
        Interior may charge an entrance fee for a unit of the National Park
        System, including a national monument administered by the National
        Park Service, or for a unit of the National Wildlife Refuge System.
            (2) Prohibited sites.--The Secretary shall not charge an
        entrance fee for Federal recreational lands and waters managed by
        the Bureau of Land Management, the Bureau of Reclamation, or the
        Forest Service.
        (f) Standard Amenity Recreation Fee.--Except as limited by
    subsection (d), the Secretary may charge a standard amenity recreation
    fee for Federal recreational lands and waters under the jurisdiction of
    the Bureau of Land Management, the Bureau of Reclamation, or the Forest
    Service, but only at the following:
            (1) A National Conservation Area.
            (2) A National Volcanic Monument.
            (3) A destination visitor or interpretive center that provides
        a broad range of interpretive services, programs, and media.
            (4) An area--
                (A) that provides significant opportunities for outdoor
            recreation;
                (B) that has substantial Federal investments;
                (C) where fees can be efficiently collected; and
                (D) that contains all of the following amenities:
                    (i) Designated developed parking.
                    (ii) A permanent toilet facility.
                    (iii) A permanent trash receptacle.
                    (iv) Interpretive sign, exhibit, or kiosk.
                    (v) Picnic tables.
                    (vi) Security services.
        (g) Expanded Amenity Recreation Fee.--
            (1) NPS and usfws authority.--Except as limited by subsection
        (d), the Secretary of the Interior may charge an expanded amenity
        recreation fee, either in addition to an entrance fee or by itself,
        at Federal recreational lands and waters under the jurisdiction of
        the National Park Service or the United States Fish and Wildlife
        Service when the Secretary of the Interior determines that the
        visitor uses a specific or specialized facility, equipment, or
        service.
            (2) Other federal land management agencies.--Except as limited
        by subsection (d), the Secretary may charge an expanded amenity
        recreation fee, either in addition to a standard amenity fee or by
        itself, at Federal recreational lands and waters under the
        jurisdiction of the Forest Service, the Bureau of Land Management,
        or the Bureau of Reclamation, but only for the following facilities
        or services:
                (A) Use of developed campgrounds that provide at least a
            majority of the following:
                    (i) Tent or trailer spaces.
                    (ii) Picnic tables.
                    (iii) Drinking water.
                    (iv) Access roads.
                    (v) The collection of the fee by an employee or agent
                of the Federal land management agency.
                    (vi) Reasonable visitor protection.
                    (vii) Refuse containers.
                    (viii) Toilet facilities.
                    (ix) Simple devices for containing a campfire.
                (B) Use of highly developed boat launches with specialized
            facilities or services such as mechanical or hydraulic boat
            lifts or facilities, multi-lane paved ramps, paved parking,
            restrooms and other improvements such as boarding floats,
            loading ramps, or fish cleaning stations.
                (C) Rental of cabins, boats, stock animals, lookouts,
            historic structures, group day-use or overnight sites, audio
            tour devices, portable sanitation devices, binoculars or other
            equipment.
                (D) Use of hookups for electricity, cable, or sewer.
                (E) Use of sanitary dump stations.
                (F) Participation in an enhanced interpretive program or
            special tour.
                (G) Use of reservation services.
                (H) Use of transportation services.
                (I) Use of areas where emergency medical or first-aid
            services are administered from facilities staffed by public
            employees or employees under a contract or reciprocal agreement
            with the Federal Government.
                (J) Use of developed swimming sites that provide at least a
            majority of the following:
                    (i) Bathhouse with showers and flush toilets.
                    (ii) Refuse containers.
                    (iii) Picnic areas.
                    (iv) Paved parking.
                    (v) Attendants, including lifeguards.
                    (vi) Floats encompassing the swimming area.
                    (vii) Swimming deck.
        (h) Special Recreation Permit Fee.--The Secretary may issue a
    special recreation permit, and charge a special recreation permit fee
    in connection with the issuance of the permit, for specialized
    recreation uses of Federal recreational lands and waters, such as group
    activities, recreation events, motorized recreational vehicle use.

    SEC. 804. PUBLIC PARTICIPATION.

        (a) In General.--As required in this section, the Secretary shall
    provide the public with opportunities to participate in the development
    of or changing of a recreation fee established under this Act.
        (b) Advance Notice.--The Secretary shall publish a notice in the
    Federal Register of the establishment of a new recreation fee area for
    each agency 6 months before establishment. The Secretary shall publish
    notice of a new recreation fee or a change to an existing recreation
    fee established under this Act in local newspapers and publications
    located near the site at which the recreation fee would be established
    or changed.
        (c) Public Involvement.--Before establishing any new recreation fee
    area, the Secretary shall provide opportunity for public involvement
    by--
            (1) establishing guidelines for public involvement;
            (2) establishing guidelines on how agencies will demonstrate on
        an annual basis how they have provided information to the public on
        the use of recreation fee revenues; and
            (3) publishing the guidelines in paragraphs (1) and (2) in the
        Federal Register.
        (d) Recreation Resource Advisory Committee.--
            (1) Establishment.--
                (A) Authority to establish.--Except as provided in
            subparagraphs (C) and (D), the Secretary or the Secretaries
            shall establish a Recreation Resource Advisory Committee in
            each State or region for Federal recreational lands and waters
            managed by the Forest Service or the Bureau of Land Management
            to perform the duties described in paragraph (2).
                (B) Number of committees.--The Secretary may have as many
            additional Recreation Resource Advisory Committees in a State
            or region as the Secretary considers necessary for the
            effective operation of this Act.
                (C) Exception.--The Secretary shall not establish a
            Recreation Resource Advisory Committee in a State if the
            Secretary determines, in consultation with the Governor of the
            State, that sufficient interest does not exist to ensure that
            participation on the Committee is balanced in terms of the
            points of view represented and the functions to be performed.
                (D) Use of other entities.--In lieu of establishing a
            Recreation Resource Advisory Committee under subparagraph (A),
            the Secretary may use a Resource Advisory Committee established
            pursuant to another provision of law and in accordance with
            that law or a recreation fee advisory board otherwise
            established by the Secretary to perform the duties specified in
            paragraph (2).
            (2) Duties.--In accordance with the procedures required by
        paragraph (9), a Recreation Resource Advisory Committee may make
        recommendations to the Secretary regarding a standard amenity
        recreation fee or an expanded amenity recreation fee, whenever the
        recommendations relate to public concerns in the State or region
        covered by the Committee regarding--
                (A) the implementation of a standard amenity recreation fee
            or an expanded amenity recreation fee or the establishment of a
            specific recreation fee site;
                (B) the elimination of a standard amenity recreation fee or
            an expanded amenity recreation fee; or
                (C) the expansion or limitation of the recreation fee
            program.
            (3) Meetings.--A Recreation Resource Advisory Committee shall
        meet at least annually, but may, at the discretion of the
        Secretary, meet as often as needed to deal with citizen concerns
        about the recreation fee program in a timely manner.
            (4) Notice of rejection.--If the Secretary rejects the
        recommendation of a Recreation Resource Advisory Committee, the
        Secretary shall issue a notice that identifies the reasons for
        rejecting the recommendation to the Committee on Resources of the
        House of Representatives and the Committee on Energy and Natural
        Resources of the Senate not later than 30 days before the Secretary
        implements a decision pertaining to that recommendation.
            (5) Composition of the advisory committee.--
                (A) Number.--A Recreation Resource Advisory Committee shall
            be comprised of 11 members.
                (B) Nominations.--The Governor and the designated county
            official from each county in the relevant State or Region may
            submit a list of nominations in the categories described under
            subparagraph (D).
                (C) Appointment.--The Secretary may appoint members of the
            Recreation Resource Advisory Committee from the list as
            provided in subparagraph (B).
                (D) Broad and balanced representation.--In appointing the
            members of a Recreation Resource Advisory Committee, the
            Secretary shall provide for a balanced and broad representation
            from the recreation community that shall include the following:
                    (i) Five persons who represent recreation users and
                that include, as appropriate, persons representing the
                following:

                        (I) Winter motorized recreation, such as
                    snowmobiling.
                        (II) Winter non-motorized recreation, such as
                    snowshoeing, cross country and down hill skiing, and
                    snowboarding.
                        (III) Summer motorized recreation, such as
                    motorcycles, boaters, and off-highway vehicles.
                        (IV) Summer nonmotorized recreation, such as
                    backpacking, horseback riding, mountain biking,
                    canoeing, and rafting.
                        (V) Hunting and fishing.

                    (ii) Three persons who represent interest groups that
                include, as appropriate, the following:

                        (I) Motorized outfitters and guides.
                        (II) Non-motorized outfitters and guides.
                        (III) Local environmental groups.

                    (iii) Three persons, as follows:

                        (I) State tourism official to represent the State.
                        (II) A person who represents affected Indian
                    tribes.
                        (III) A person who represents affected local
                    government interests.

            (6) Term.--
                (A) Length of term.--The Secretary shall appoint the
            members of a Recreation Resource Advisory Committee for
            staggered terms of 2 and 3 years beginning on the date that the
            members are first appointed. The Secretary may reappoint
            members to subsequent 2- or 3-year terms.
                (B) Effect of vacancy.--The Secretary shall make
            appointments to fill a vacancy on a Recreation Resource
            Advisory Committee as soon as practicable after the vacancy has
            occurred.
                (C) Effect of unexpected vacancy.--Where an unexpected
            vacancy occurs, the Governor and the designated county
            officials from each county in the relevant State shall provide
            the Secretary with a list of nominations in the relevant
            category, as described under paragraph (5)(D), not later than
            two months after notification of the vacancy. To the extent
            possible, a vacancy shall be filled in the same category and
            term in which the original appointment was made.
            (7) Chairperson.--The chairperson of a Recreation Resource
        Advisory Committee shall be selected by the majority vote of the
        members of the Committee.
            (8) Quorum.--Eight members shall constitute a quorum. A quorum
        must be present to constitute an official meeting of a Recreation
        Resource Advisory Committee.
            (9) Approval procedures.--A Recreation Resource Advisory
        Committee shall establish procedures for making recommendations to
        the Secretary. A recommendation may be submitted to the Secretary
        only if the recommendation is approved by a majority of the members
        of the Committee from each of the categories specified in paragraph
        (5)(D) and general public support for the recommendation is
        documented.
            (10) Compensation.--Members of the Recreation Resource Advisory
        Committee shall not receive any compensation.
            (11) Public participation in the recreation resource advisory
        committee.--
                (A) Notice of meetings.--All meetings of a Recreation
            Resource Advisory Committee shall be announced at least one
            week in advance in a local newspaper of record and the Federal
            Register, and shall be open to the public.
                (B) Records.--A Recreation Resource Advisory Committee
            shall maintain records of the meetings of the Recreation
            Resource Advisory Committee and make the records available for
            public inspection.
            (12) Federal advisory committee act.--A Recreation Resource
        Advisory Committee is subject to the provisions of the Federal
        Advisory Committee Act (5 U.S.C. App.).
        (e) Miscellaneous Administrative Provisions Regarding Recreation
    Fees and Recreation Passes.--
            (1) Notice of entrance fees, standard amenity recreation fees,
        and passes.--The Secretary shall post clear notice of any entrance
        fee, standard amenity recreation fee, and available recreation
        passes at appropriate locations in each unit or area of a Federal
        land management agency where an entrance fee or a standard amenity
        recreation fee is charged. The Secretary shall include such notice
        in publications distributed at the unit or area.
            (2) Notice of recreation fee projects.--To the extent
        practicable, the Secretary shall post clear notice of locations
        where work is performed using recreation fee or recreation pass
        revenues collected under this Act.

    SEC. 805. RECREATION PASSES.

        (a) America the Beautiful--the National Parks and Federal
    Recreational Lands Pass.--
            (1) Availability and use.--The Secretaries shall establish, and
        may charge a fee for, an interagency national pass to be known as
        the ``America the Beautiful--the National Parks and Federal
        Recreational Lands Pass'', which shall cover the entrance fee and
        standard amenity recreation fee for all Federal recreational lands
        and waters for which an entrance fee or a standard amenity
        recreation fee is charged.
            (2) Image competition for recreation pass.--The Secretaries
        shall hold an annual competition to select the image to be used on
        the National Parks and Federal Recreational Lands Pass for a year.
        The competition shall be open to the public and used as a means to
        educate the American people about Federal recreational lands and
        waters.
            (3) Notice of establishment.--The Secretaries shall publish a
        notice in the Federal Register when the National Parks and Federal
        Recreational Lands Pass is first established and available for
        purchase.
            (4) Duration.--The National Parks and Federal Recreational
        Lands Pass shall be valid for a period of 12 months from the date
        of the issuance of the recreation pass to a passholder, except in
        the case of the age and disability discounted passes issued under
        subsection (b).
            (5) Price.--The Secretaries shall establish the price at which
        the National Parks and Federal Recreational Lands Pass will be sold
        to the public.
            (6) Sales locations and marketing.--
                (A) In general.--The Secretary shall sell the National
            Parks and Federal Recreational Lands Pass at all Federal
            recreational lands and waters at which an entrance fee or a
            standard amenity recreation fee is charged and at such other
            locations as the Secretaries consider appropriate and feasible.
                (B) Use of vendors.--The Secretary may enter into fee
            management agreements as provided in section 6.
                (C) Marketing.--The Secretaries shall take such actions as
            are appropriate to provide for the active marketing of the
            National Parks and Federal Recreational Lands Pass.
            (7) Administrative guidelines.--The Secretaries shall issue
        guidelines on administration of the National Parks and Federal
        Recreational Lands Pass, which shall include agreement on price,
        the distribution of revenues between the Federal land management
        agencies, the sharing of costs, benefits provided, marketing and
        design, adequate documentation for age and disability discounts
        under subsection (b), and the issuance of that recreation pass to
        volunteers. The Secretaries shall take into consideration all
        relevant visitor and sales data available in establishing the
        guidelines.
            (8) Development and implementation agreements.--The Secretaries
        may enter into cooperative agreements with governmental and
        nongovernmental entities for the development and implementation of
        the National Parks and Federal Recreational Lands Pass Program.
            (9) Prohibition on other national recreation passes.--The
        Secretary may not establish any national recreation pass, except as
        provided in this section.
        (b) Discounted Passes.--
            (1) Age discount.--The Secretary shall make the National Parks
        and Federal Recreational Lands Pass available, at a cost of $10.00,
        to any United States citizen or person domiciled in the United
        States who is 62 years of age or older, if the citizen or person
        provides adequate proof of such age and such citizenship or
        residency. The National Parks and Federal Recreational Lands Pass
        made available under this subsection shall be valid for the
        lifetime of the pass holder.
            (2) Disability discount.--The Secretary shall make the National
        Parks and Federal Recreational Lands Pass available, without
        charge, to any United States citizen or person domiciled in the
        United States who has been medically determined to be permanently
        disabled for purposes of section 7(20)(B)(i) of the Rehabilitation
        Act of 1973 (29 U.S.C. 705(20)(B)(i)), if the citizen or person
        provides adequate proof of the disability and such citizenship or
        residency. The National Parks and Federal Recreational Lands Pass
        made available under this subsection shall be valid for the
        lifetime of the passholder.
        (c) Site-Specific Agency Passes.--The Secretary may establish and
    charge a fee for a site-specific pass that will cover the entrance fee
    or standard amenity recreation fee for particular Federal recreational
    lands and waters for a specified period not to exceed 12 months.
        (d) Regional Multientity Passes.--
            (1) Passes authorized.--The Secretary may establish and charge
        a fee for a regional multientity pass that will be accepted by one
        or more Federal land management agencies or by one or more
        governmental or nongovernmental entities for a specified period not
        to exceed 12 months. To include a Federal land management agency or
        governmental or nongovernmental entity over which the Secretary
        does not have jurisdiction, the Secretary shall obtain the consent
        of the head of such agency or entity.
            (2) Regional multientity pass agreement.--In order to establish
        a regional multientity pass under this subsection, the Secretary
        shall enter into a regional multientity pass agreement with all the
        participating agencies or entities on price, the distribution of
        revenues between participating agencies or entities, the sharing of
        costs, benefits provided, marketing and design, and the issuance of
        the pass to volunteers. The Secretary shall take into consideration
        all relevant visitor and sales data available when entering into
        this agreement.
        (e) Discounted or Free Admission Days or Use.--The Secretary may
    provide for a discounted or free admission day or use of Federal
    recreational lands and waters.
        (f) Effect on Existing Passports and Permits.--
            (1) Existing passports.--A passport issued under section 4 of
        the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
        6a) or title VI of the National Parks Omnibus Management Act of
        1998 (Public Law 105-391; 16 U.S.C. 5991-5995), such as the Golden
        Eagle Passport, the Golden Age Passport, the Golden Access
        Passport, and the National Parks Passport, that was valid on the
        day before the publication of the Federal Register notice required
        under subsection (a)(3) shall be valid in accordance with the terms
        agreed to at the time of issuance of the passport, to the extent
        practicable, and remain in effect until expired, lost, or stolen.
            (2) Permits.--A permit issued under section 4 of the Land and
        Water Conservation Fund Act of 1965 that was valid on the day
        before the date of the enactment of this Act shall be valid and
        remain in effect until expired, revoked, or suspended.

    SEC. 806. COOPERATIVE AGREEMENTS.

        (a) Fee Management Agreement.--Notwithstanding chapter 63 of title
    31, United States Code, the Secretary may enter into a fee management
    agreement, including a contract, which may provide for a reasonable
    commission, reimbursement, or discount, with the following entities for
    the following purposes:
            (1) With any governmental or nongovernmental entity, including
        those in a gateway community, for the purpose of obtaining fee
        collection and processing services, including visitor reservation
        services.
            (2) With any governmental or nongovernmental entity, including
        those in a gateway community, for the purpose of obtaining
        emergency medical services.
            (3) With any governmental entity, including those in a gateway
        community, to obtain law enforcement services.
        (b) Revenue Sharing.--A State or legal subdivision of a State that
    enters into an agreement with the Secretary under subsection (a) may
    share in a percentage of the revenues collected at the site in
    accordance with that fee management agreement.
        (c) County Proposals.--The Secretary shall consider any proposal
    submitted by a county to provide services described in subsection (a).
    If the Secretary decides not to enter into a fee management agreement
    with the county under subsection (a), the Secretary shall notify the
    county in writing of the decision, identifying the reasons for the
    decision. The fee management agreement may include cooperative site
    planning and management provisions.

    SEC. 807. SPECIAL ACCOUNT AND DISTRIBUTION OF FEES AND REVENUES.

        (a) Special Account.--The Secretary of the Treasury shall establish
    a special account in the Treasury for each Federal land management
    agency.
        (b) Deposits.--Subject to subsections (c), (d), and (e), revenues
    collected by each Federal land management agency under this Act shall--
            (1) be deposited in its special account; and
            (2) remain available for expenditure, without further
        appropriation, until expended.
        (c) Distribution of Recreation Fees and Single-Site Agency Pass
    Revenues.--
            (1) Local distribution of funds.--
                (A) Retention of revenues.--Not less than 80 percent of the
            recreation fees and site-specific agency pass revenues
            collected at a specific unit or area of a Federal land
            management agency shall remain available for expenditure,
            without further appropriation, until expended at that unit or
            area.
                (B) Reduction.--The Secretary may reduce the percentage
            allocation otherwise applicable under subparagraph (A) to a
            unit or area of a Federal land management agency, but not below
            60 percent, for a fiscal year if the Secretary determines that
            the revenues collected at the unit or area exceed the
            reasonable needs of the unit or area for which expenditures may
            be made for that fiscal year.
            (2) Agency-wide distribution of funds.--The balance of the
        recreation fees and site-specific agency pass revenues collected at
        a specific unit or area of a Federal land management and not
        distributed in accordance with paragraph (1) shall remain available
        to that Federal land management agency for expenditure on an
        agency-wide basis, without further appropriation, until expended.
            (3) Other amounts.--Other amounts collected at other locations,
        including recreation fees collected by other entities or for a
        reservation service, shall remain available, without further
        appropriation, until expended in accordance with guidelines
        established by the Secretary.
        (d) Distribution of National Parks and Federal Recreational Lands
    Pass Revenues.--Revenues collected from the sale of the National Parks
    and Federal Recreational Lands Pass shall be deposited in the special
    accounts established for the Federal land management agencies in
    accordance with the guidelines issued under section 5(a)(7).
        (e) Distribution of Regional Multientity Pass Revenues.--Revenues
    collected from the sale of a regional multientity pass authorized under
    section 5(d) shall be deposited in each participating Federal land
    management agency's special account in accordance with the terms of the
    region multientity pass agreement for the regional multientity pass.

    SEC. 808. EXPENDITURES.

        (a) Use of Fees at Specific Site or Area.--Amounts available for
    expenditure at a specific site or area--
            (1) shall be accounted for separately from the amounts
        collected;
            (2) may be distributed agency-wide; and
            (3) shall be used only for--
                (A) repair, maintenance, and facility enhancement related
            directly to visitor enjoyment, visitor access, and health and
            safety;
                (B) interpretation, visitor information, visitor service,
            visitor needs assessments, and signs;
                (C) habitat restoration directly related to wildlife-
            dependent recreation that is limited to hunting, fishing,
            wildlife observation, or photography;
                (D) law enforcement related to public use and recreation;
                (E) direct operating or capital costs associated with the
            recreation fee program; and
                (F) a fee management agreement established under section
            6(a) or a visitor reservation service.
        (b) Limitation on Use of Fees.--The Secretary may not use any
    recreation fees for biological monitoring on Federal recreational lands
    and waters under the Endangered Species Act of 1973 for listed or
    candidate species.
        (c) Administration, Overhead, and Indirect Costs.--The Secretary
    may use not more than an average of 15 percent of total revenues
    collected under this Act for administration, overhead, and indirect
    costs related to the recreation fee program by that Secretary.
        (d) Transitional Exception.--Notwithstanding any other provision of
    this Act, the Secretary may use amounts available in the special
    account of a Federal land management agency to supplement
    administration and marketing costs associated with--
            (1) the National Parks and Federal Recreational Lands Pass
        during the 5-year period beginning on the date the joint guidelines
        are issued under section 5(a)(7); and
            (2) a regional multientity pass authorized section 5(d) during
        the 5-year period beginning on the date the regional multientity
        pass agreement for that recreation pass takes effect.

    SEC. 809. REPORTS.

        Not later than May 1, 2006, and every 3 years thereafter, the
    Secretary shall submit to Congress a report detailing the status of the
    recreation fee program conducted for Federal recreational lands and
    waters, including an evaluation of the recreation fee program, examples
    of projects that were funded using such fees, and future projects and
    programs for funding with fees, and containing any recommendations for
    changes in the overall fee system.

    SEC. 810. SUNSET PROVISION.

        The authority of the Secretary to carry out this Act shall
    terminate 10 years after the date of the enactment of this Act.

    SEC. 811. VOLUNTEERS.

        (a) Authority to Use Volunteers.--The Secretary may use volunteers,
    as appropriate, to collect recreation fees and sell recreation passes.
        (b) Waiver or Discount of Fees; Site-Specific Agency Pass.--In
    exchange for volunteer services, the Secretary may waive or discount an
    entrance fee, standard amenity recreation fee, or an expanded amenity
    recreation fee that would otherwise apply to the volunteer or issue to
    the volunteer a site-specific agency pass authorized under section
    5(c).
        (c) National Parks and Federal Recreational Lands Pass.--In
    accordance with the guidelines issued under section 5(a)(7), the
    Secretaries may issue a National Parks and Federal Recreational Lands
    Pass to a volunteer in exchange for significant volunteer services
    performed by the volunteer.
        (d) Regional Multientity Passes.--The Secretary may issue a
    regional multientity pass authorized under section 5(d) to a volunteer
    in exchange for significant volunteer services performed by the
    volunteer, if the regional multientity pass agreement under which the
    regional multientity pass was established provides for the issuance of
    the pass to volunteers.

    SEC. 812. ENFORCEMENT AND PROTECTION OF RECEIPTS.

        (a) Enforcement Authority.--The Secretary concerned shall enforce
    payment of the recreation fees authorized by this Act.
        (b) Evidence of Nonpayment.--If the display of proof of payment of
    a recreation fee, or the payment of a recreation fee within a certain
    time period is required, failure to display such proof as required or
    to pay the recreation fee within the time period specified shall
    constitute nonpayment.
        (c)  Joint Liability.--The registered owner and any occupant of a
    vehicle charged with a nonpayment violation involving the vehicle shall
    be jointly liable for penalties imposed under this section, unless the
    registered owner can show that the vehicle was used without the
    registered owner's express or implied permission.
        (d) Limitation on Penalties.--The failure to pay a recreation fee
    established under this Act shall be punishable as a Class A or Class B
    misdemeanor, except that in the case of a first offense of nonpayment,
    the fine imposed may not exceed $100, notwithstanding section 3571(e)
    of title 18, United States Code.

    SEC. 813. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES.

        (a) Land and Water Conservation Fund Act.--Subsections (a), (b),
    (c), (d), (e), (f), (g), and (i) of section 4 of the Land and Water
    Conservation Fund Act of 1965 (16 U.S.C. 460l-6a et seq.) are repealed,
    except that the Secretary may continue to issue Golden Eagle Passports,
    Golden Age Passports, and Golden Access Passports under such section
    until the date the notice required by section 5(a)(3) is published in
    the Federal Register regarding the establishment of the National Parks
    and Federal Recreational Lands Pass.
        (b) Recreational Fee Demonstration Program.--Section 315 of the
    Department of the Interior and Related Agencies Appropriations Act,
    1996 (as contained in section 101(c) of Public Law 104-134; 16 U.S.C.
    460l-6a), is repealed.
        (c) Admission Permits for Refuge Units.--Section 201 of the
    Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3911) is repealed.
        (d) National Park Passport, Golden Eagle Passport, Golden Age
    Passport, and Golden Access Passport.--Effective on the date the notice
    required by section 5(a)(3) is published in the Federal Register, the
    following provisions of law authorizing the establishment of a national
    park passport program or the establishment and sale of a national park
    passport, Golden Eagle Passport, Golden Age Passport, or Golden Access
    Passport are repealed:
            (1) Section 502 of the National Parks Omnibus Management Act of
        1998 (Public Law 105-391; 16 U.S.C. 5982).
            (2) Title VI of the National Parks Omnibus Management Act of
        1998 (Public Law 105-391; 16 U.S.C. 5991-5995).
        (e) Treatment of Unobligated Funds.--
            (1) Land and water conservation fund special accounts.--Amounts
        in the special accounts established under section 4(i)(1) of the
        Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
        6a(i)(1)) for Federal land management agencies that are unobligated
        on the date of the enactment of this Act shall be transferred to
        the appropriate special account established under section 7 and
        shall be available to the Secretary in accordance with this Act. A
        special account established under section 4(i)(1) of the Land and
        Water Conservation Fund Act of 1965 for a Federal agency that is
        not a Federal land management area, and the use of such special
        account, is not affected by the repeal of section 4 of the Land and
        Water Conservation Fund Act of 1965 by subsection (a) of this
        section.
            (2) National parks passport.--Any funds collected under title
        VI of the National Parks Omnibus Management Act of 1998 (Public Law
        105-391; 16 U.S.C. 5991-5995) that are unobligated on the day
        before the publication of the Federal Register notice required
        under section 5(a)(3) shall be transferred to the special account
        of the National Park Service for use in accordance with this Act.
        The Secretary of the Interior may use amounts available in that
        special account to pay any outstanding administration, marketing,
        or close-out costs associated with the national parks passport.
            (3) Recreational fee demonstration program.--Any funds
        collected in accordance with section 315 of the Department of the
        Interior and Related Agencies Appropriations Act, 1996 (as
        contained in section 101(c) of Public Law 104-134; 16 U.S.C. 460l-
        6a), that are unobligated on the day before the date of the
        enactment of this Act shall be transferred to the appropriate
        special account and shall be available to the Secretary in
        accordance with this Act.
            (4) Admission permits for refuge units.--Any funds collected in
        accordance with section 201 of the Emergency Wetlands Resources Act
        of 1986 (16 U.S.C. 3911) that are available as provided in
        subsection (c)(A) of such section and are unobligated on the day
        before the date of the enactment of this Act shall be transferred
        to the special account of the United States Fish and Wildlife
        Service for use in accordance with this Act.
        (f) Effect of Regulations.--A regulation or policy issued under a
    provision of law repealed by this section shall remain in effect to the
    extent such a regulation or policy is consistent with the provisions of
    this Act until the Secretary issues a regulation, guideline, or policy
    under this Act that supersedes the earlier regulation.

    SEC. 814. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.

        (a) Federal and State Laws Unaffected.--Nothing in this Act shall
    authorize Federal hunting or fishing licenses or fees or charges for
    commercial or other activities not related to recreation, affect any
    rights or authority of the States with respect to fish and wildlife, or
    repeal or modify any provision of law that permits States or political
    subdivisions of States to share in the revenues from Federal lands or,
    except as provided in subsection (b), any provision of law that
    provides that any fees or charges collected at particular Federal areas
    be used for or credited to specific purposes or special funds as
    authorized by that provision of law.
        (b) Relation to Revenue Allocation Laws.--Amounts collected under
    this Act, and the existence of a fee management agreement with a
    governmental entity under section 6(a), may not be taken into account
    for the purposes of any of the following laws:
            (1) The sixth paragraph under the heading ``Forest service'' in
        the Act of May 23, 1908 (16 U.S.C. 500).
            (2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500;
        commonly known as the Weeks Act).
            (3) The fourteenth paragraph under the heading ``Forest
        service'' in the Act of March 4, 1913 (16 U.S.C. 501).
            (4) Section 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
        1012).
            (5) Title II of the Act of August 8, 1937, and the Act of May
        24, 1939 (43 U.S.C. 1181f et seq.).
            (6) Section 6 of the Act of June 14, 1926 (43 U.S.C. 869-4).
            (7) Chapter 69 of title 31, United States Code.
            (8) Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s;
        commonly known as the Refuge Revenue Sharing Act).
            (9) The Secure Rural Schools and Community Self-Determination
        Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note), except that
        the exception made for such Act by this subsection is unique and is
        not intended to be construed as precedent for amounts collected
        from the use of Federal lands under any other provision of law.
            (10) Section 2 of the Boulder Canyon Project Adjustment Act (43
        U.S.C. 618a).
            (11) The Federal Water Project Recreation Act (16 U.S.C. 460l-
        12 et seq.).
            (12) The first section of the Act of June 17, 1902, as amended
        or supplemented (43 U.S.C. 391).
            (13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.;
        commonly known as the Mineral Leasing Act).
            (14) Section 4(e) of the Southern Nevada Public Land Management
        Act of 1998 (Public Law 105-263; 31 U.S.C. 6901 note).
            (15) Section 5(a) of the Lincoln County Land Act of 2000
        (Public Law 106-298; 114 Stat. 1047).
            (16) Any other provision of law relating to revenue allocation.
        (c) Consideration of Other Funds Collected.--Amounts collected
    under any other law may not be disbursed under this Act.
        (d) Sole Recreation Fee Authority.--Recreation fees charged under
    this Act shall be in lieu of fees charged for the same purposes under
    any other provision of law.
        (e) Fees Charged by Third Parties.--Notwithstanding any other
    provision of this Act, a third party may charge a fee for providing a
    good or service to a visitor of a unit or area of the Federal land
    management agencies in accordance with any other applicable law or
    regulation.
        (f) Migratory Bird Hunting Stamp Act.--Revenues from the stamp
    established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.;
    commonly known as the Migratory Bird Hunting Stamp Act or Duck Stamp
    Act), shall not be covered by this Act.

    SEC. 815. LIMITATION ON USE OF FEES FOR EMPLOYEE BONUSES.

        Notwithstanding any other provision of law, fees collected under
    the authorities of the Act may not be used for employee bonuses.

     TITLE IX--SATELLITE HOME VIEWER EXTENSION AND REAUTHORIZATION ACT OF
                                      2004

    SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

        (a) Short Titles.--This title may be cited as the ``Satellite Home
    Viewer Extension and Reauthorization Act of 2004'' or the ``W. J.
    (Billy) Tauzin Satellite Television Act of 2004''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short titles; table of contents.

                TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS

    Sec. 101. Extension of authority.
    Sec. 102. Reporting of subscribers; significantly viewed and other
              signals; technical amendments.
    Sec. 103. Statutory license for satellite carriers outside local
              markets.
    Sec. 104. Statutory license for satellite retransmission of low power
              television stations.
    Sec. 105. Definitions.
    Sec. 106. Effect on certain proceedings.
    Sec. 107. Statutory license for satellite carriers retransmitting
              superstation signals to commercial establishments.
    Sec. 108. Expedited consideration of voluntary agreements to provide
              satellite secondary transmissions to local markets.
    Sec. 109. Study.
    Sec. 110. Additional study.
    Sec. 111. Special rules.
    Sec. 112. Technical amendment.

             TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS

    Sec. 201. Extension of retransmission consent exemption.
    Sec. 202. Cable/satellite comparability.
    Sec. 203. Carriage of local stations on a single dish.
    Sec. 204. Replacement of distant signals with local signals.
    Sec. 205. Additional notices to subscribers, networks, and stations
              concerning signal carriage.
    Sec. 206. Privacy rights of satellite subscribers.
    Sec. 207. Reciprocal bargaining obligations.
    Sec. 208. Study of impact on cable television service.
    Sec. 209. Reduction of required tests.
    Sec. 210. Satellite carriage of television stations in noncontiguous
              States.
    Sec. 211. Carriage of television signals to certain subscribers.
    Sec. 212. Digital transition savings provision.
    Sec. 213. Authorizing broadcast service in unserved areas of Alaska.

               TITLE I--STATUTORY LICENSE FOR SATELLITE CARRIERS

    SEC. 101. EXTENSION OF AUTHORITY.

        (a) In General.--Section 4(a) of the Satellite Home Viewer Act of
    1994 (17 U.S.C. 119 note; Public Law 103-369; 108 Stat. 3481) is
    amended by striking ``December 31, 2004'' and inserting ``December 31,
    2009''.
        (b) Extension for Certain Subscribers.--Section 119(e) of title 17,
    United States Code, is amended by striking ``December 31, 2004'' and
    inserting ``December 31, 2009''.

    SEC. 102. REPORTING OF SUBSCRIBERS; SIGNIFICANTLY VIEWED AND OTHER
                  SIGNALS; TECHNICAL AMENDMENTS.

        Section 119(a) of title 17, United States Code, is amended--
            (1) in paragraph (1)--
                (A) in the paragraph heading, by striking ``and pbs
            satellite feed'';
                (B) in the first sentence, by striking ``(3), (4), and
            (6)'' and inserting ``(5), (6), and (8)'';
                (C) in the first sentence, by striking ``or by the Public
            Broadcasting Service satellite feed''; and
                (D) by striking the second sentence;
            (2) in paragraph (2)--
                (A) in subparagraph (A), by striking ``(3), (4), (5), and
            (6)'' and inserting ``(5), (6), (7), and (8)''; and
                (B) by striking subparagraph (C) and inserting the
            following:
                ``(C) Exceptions.--
                    ``(i) States with single full-power network station.--
                In a State in which there is licensed by the Federal
                Communications Commission a single full-power station that
                was a network station on January 1, 1995, the statutory
                license provided for in subparagraph (A) shall apply to the
                secondary transmission by a satellite carrier of the
                primary transmission of that station to any subscriber in a
                community that is located within that State and that is not
                within the first 50 television markets as listed in the
                regulations of the Commission as in effect on such date (47
                CFR 76.51).
                    ``(ii) States with all network stations and
                superstations in same local market.--In a State in which
                all network stations and superstations licensed by the
                Federal Communications Commission within that State as of
                January 1, 1995, are assigned to the same local market and
                that local market does not encompass all counties of that
                State, the statutory license provided under subparagraph
                (A) shall apply to the secondary transmission by a
                satellite carrier of the primary transmissions of such
                station to all subscribers in the State who reside in a
                local market that is within the first 50 major television
                markets as listed in the regulations of the Commission as
                in effect on such date (section 76.51 of title 47 of the
                Code of Federal Regulations).
                    ``(iii) Additional stations.--In the case of that State
                in which are located 4 counties that--

                        ``(I) on January 1, 2004, were in local markets
                    principally comprised of counties in another State, and
                        ``(II) had a combined total of 41,340 television
                    households, according to the U.S. Television Household
                    Estimates by Nielsen Media Research for 2004,

                the statutory license provided under subparagraph (A) shall
                apply to secondary transmissions by a satellite carrier to
                subscribers in any such county of the primary transmissions
                of any network station located in that State, if the
                satellite carrier was making such secondary transmissions
                to any subscribers in that county on January 1, 2004.
                    ``(iv) Certain additional stations.--If 2 adjacent
                counties in a single State are in a local market comprised
                principally of counties located in another State, the
                statutory license provided for in subparagraph (A) shall
                apply to the secondary transmission by a satellite carrier
                to subscribers in those 2 counties of the primary
                transmissions of any network station located in the capital
                of the State in which such 2 counties are located, if--

                        ``(I) the 2 counties are located in a local market
                    that is in the top 100 markets for the year 2003
                    according to Nielsen Media Research; and
                        ``(II) the total number of television households in
                    the 2 counties combined did not exceed 10,000 for the
                    year 2003 according to Nielsen Media Research.

                    ``(v) Applicability of royalty rates.--The royalty
                rates under subsection (b)(1)(B) apply to the secondary
                transmissions to which the statutory license under
                subparagraph (A) applies under clauses (i), (ii), (iii),
                and (iv).
                ``(D) Submission of subscriber lists to networks.--
                    ``(i) Initial lists.--A satellite carrier that makes
                secondary transmissions of a primary transmission made by a
                network station pursuant to subparagraph (A) shall, 90 days
                after commencing such secondary transmissions, submit to
                the network that owns or is affiliated with the network
                station--

                        ``(I) a list identifying (by name and address,
                    including street or rural route number, city, State,
                    and zip code) all subscribers to which the satellite
                    carrier makes secondary transmissions of that primary
                    transmission to subscribers in unserved households; and
                        ``(II) a separate list, aggregated by designated
                    market area (as defined in section 122(j)) (by name and
                    address, including street or rural route number, city,
                    State, and zip code), which shall indicate those
                    subscribers being served pursuant to paragraph (3),
                    relating to significantly viewed stations.

                    ``(ii) Monthly lists.--After the submission of the
                initial lists under clause (i), on the 15th of each month,
                the satellite carrier shall submit to the network--

                        ``(I) a list identifying (by name and address,
                    including street or rural route number, city, State,
                    and zip code) any persons who have been added or
                    dropped as subscribers under clause (i)(I) since the
                    last submission under clause (i); and
                        ``(II) a separate list, aggregated by designated
                    market area (by name and street address, including
                    street or rural route number, city, State, and zip
                    code), identifying those subscribers whose service
                    pursuant to paragraph (3), relating to significantly
                    viewed stations, has been added or dropped.

                    ``(iii) Use of subscriber information.--Subscriber
                information submitted by a satellite carrier under this
                subparagraph may be used only for purposes of monitoring
                compliance by the satellite carrier with this subsection.
                    ``(iv) Applicability.--The submission requirements of
                this subparagraph shall apply to a satellite carrier only
                if the network to which the submissions are to be made
                places on file with the Register of Copyrights a document
                identifying the name and address of the person to whom such
                submissions are to be made. The Register shall maintain for
                public inspection a file of all such documents.'';
            (3) by striking paragraph (8);
            (4) by redesignating paragraphs (9) through (12) as paragraphs
        (10) through (13), respectively;
            (5) by redesignating paragraphs (3) through (7) as paragraphs
        (5) through (9), respectively;
            (6) by inserting after paragraph (2) the following:
            ``(3) Secondary transmissions of significantly viewed
        signals.--
                ``(A) In general.--Notwithstanding the provisions of
            paragraph (2)(B), and subject to subparagraph (B) of this
            paragraph, the statutory license provided for in paragraphs (1)
            and (2) shall apply to the secondary transmission of the
            primary transmission of a network station or a superstation to
            a subscriber who resides outside the station's local market (as
            defined in section 122(j)) but within a community in which the
            signal has been determined by the Federal Communications
            Commission, to be significantly viewed in such community,
            pursuant to the rules, regulations, and authorizations of the
            Federal Communications Commission in effect on April 15, 1976,
            applicable to determining with respect to a cable system
            whether signals are significantly viewed in a community.
                ``(B) Limitation.--Subparagraph (A) shall apply only to
            secondary transmissions of the primary transmissions of network
            stations and superstations to subscribers who receive secondary
            transmissions from a satellite carrier pursuant to the
            statutory license under section 122.
                ``(C) Waiver.--
                    ``(i) In general.--A subscriber who is denied the
                secondary transmission of the primary transmission of a
                network station under subparagraph (B) may request a waiver
                from such denial by submitting a request, through the
                subscriber's satellite carrier, to the network station in
                the local market affiliated with the same network where the
                subscriber is located. The network station shall accept or
                reject the subscriber's request for a waiver within 30 days
                after receipt of the request. If the network station fails
                to accept or reject the subscriber's request for a waiver
                within that 30-day period, that network station shall be
                deemed to agree to the waiver request. Unless specifically
                stated by the network station, a waiver that was granted
                before the date of the enactment of the Satellite Home
                Viewer Extension and Reauthorization Act of 2004 under
                section 339(c)(2) of the Communications Act of 1934 shall
                not constitute a waiver for purposes of this subparagraph.
                    ``(ii) Sunset.--The authority under clause (i) to grant
                waivers shall terminate on December 31, 2008, and any such
                waiver in effect shall terminate on that date.'';
            (7) in paragraph (2)(B)(i), by adding at the end the following
        new sentence: ``The limitation in this clause shall not apply to
        secondary transmissions under paragraph (3).''.

    SEC. 103. STATUTORY LICENSE FOR SATELLITE CARRIERS OUTSIDE LOCAL
                  MARKETS.

        Section 119 of title 17, United States Code, is amended as follows:
            (1) Subsection (a) is amended by inserting after paragraph (3),
        as added by section 102 of this Act, the following:
            ``(4) Statutory license where retransmissions into local market
        available.--
                ``(A) Rules for subscribers to analog signals under
            subsection (e).--
                    ``(i) For those receiving distant analog signals.--In
                the case of a subscriber of a satellite carrier who is
                eligible to receive the secondary transmission of the
                primary analog transmission of a network station solely by
                reason of subsection (e) (in this subparagraph referred to
                as a `distant analog signal'), and who, as of October 1,
                2004, is receiving the distant analog signal of that
                network station, the following shall apply:

                        ``(I) In a case in which the satellite carrier
                    makes available to the subscriber the secondary
                    transmission of the primary analog transmission of a
                    local network station affiliated with the same
                    television network pursuant to the statutory license
                    under section 122, the statutory license under
                    paragraph (2) shall apply only to secondary
                    transmissions by that satellite carrier to that
                    subscriber of the distant analog signal of a station
                    affiliated with the same television network--

                            ``(aa) if, within 60 days after receiving the
                        notice of the satellite carrier under section
                        338(h)(1) of the Communications Act of 1934, the
                        subscriber elects to retain the distant analog
                        signal; but
                            ``(bb) only until such time as the subscriber
                        elects to receive such local analog signal.

                        ``(II) Notwithstanding subclause (I), the statutory
                    license under paragraph (2) shall not apply with
                    respect to any subscriber who is eligible to receive
                    the distant analog signal of a television network
                    station solely by reason of subsection (e), unless the
                    satellite carrier, within 60 days after the date of the
                    enactment of the Satellite Home Viewer Extension and
                    Reauthorization Act of 2004, submits to that television
                    network a list, aggregated by designated market area
                    (as defined in section 122(j)(2)(C)), that--

                            ``(aa) identifies that subscriber by name and
                        address (street or rural route number, city, State,
                        and zip code) and specifies the distant analog
                        signals received by the subscriber; and
                            ``(bb) states, to the best of the satellite
                        carrier's knowledge and belief, after having made
                        diligent and good faith inquiries, that the
                        subscriber is eligible under subsection (e) to
                        receive the distant analog signals.
                    ``(ii) For those not receiving distant analog
                signals.--In the case of any subscriber of a satellite
                carrier who is eligible to receive the distant analog
                signal of a network station solely by reason of subsection
                (e) and who did not receive a distant analog signal of a
                station affiliated with the same network on October 1,
                2004, the statutory license under paragraph (2) shall not
                apply to secondary transmissions by that satellite carrier
                to that subscriber of the distant analog signal of a
                station affiliated with the same network.
                ``(B) Rules for other subscribers.--In the case of a
            subscriber of a satellite carrier who is eligible to receive
            the secondary transmission of the primary analog transmission
            of a network station under the statutory license under
            paragraph (2) (in this subparagraph referred to as a `distant
            analog signal'), other than subscribers to whom subparagraph
            (A) applies, the following shall apply:
                    ``(i) In a case in which the satellite carrier makes
                available to that subscriber, on January 1, 2005, the
                secondary transmission of the primary analog transmission
                of a local network station affiliated with the same
                television network pursuant to the statutory license under
                section 122, the statutory license under paragraph (2)
                shall apply only to secondary transmissions by that
                satellite carrier to that subscriber of the distant analog
                signal of a station affiliated with the same television
                network if the subscriber's satellite carrier, not later
                than March 1, 2005, submits to that television network a
                list, aggregated by designated market area (as defined in
                section 122(j)(2)(C)), that identifies that subscriber by
                name and address (street or rural route number, city,
                State, and zip code) and specifies the distant analog
                signals received by the subscriber.
                    ``(ii) In a case in which the satellite carrier does
                not make available to that subscriber, on January 1, 2005,
                the secondary transmission of the primary analog
                transmission of a local network station affiliated with the
                same television network pursuant to the statutory license
                under section 122, the statutory license under paragraph
                (2) shall apply only to secondary transmissions by that
                satellite carrier of the distant analog signal of a station
                affiliated with the same network to that subscriber if--

                        ``(I) that subscriber seeks to subscribe to such
                    distant analog signal before the date on which such
                    carrier commences to provide pursuant to the statutory
                    license under section 122 the secondary transmissions
                    of the primary analog transmission of stations from the
                    local market of such local network station; and
                        ``(II) the satellite carrier, within 60 days after
                    such date, submits to each television network a list
                    that identifies each subscriber in that local market
                    provided such an analog signal by name and address
                    (street or rural route number, city, State, and zip
                    code) and specifies the distant analog signals received
                    by the subscriber.

                ``(C) Future applicability.--The statutory license under
            paragraph (2) shall not apply to the secondary transmission by
            a satellite carrier of a primary analog transmission of a
            network station to a person who--
                    ``(i) is not a subscriber lawfully receiving such
                secondary transmission as of the date of the enactment of
                the Satellite Home Viewer Extension and Reauthorization Act
                of 2004; and
                    ``(ii) at the time such person seeks to subscribe to
                receive such secondary transmission, resides in a local
                market where the satellite carrier makes available to that
                person the secondary transmission of the primary analog
                transmission of a local network station affiliated with the
                same television network pursuant to the statutory license
                under section 122, and such secondary transmission of such
                primary transmission can reach such person.
                ``(D) Special rules for distant digital signals.--The
            statutory license under paragraph (2) shall apply to secondary
            transmissions by a satellite carrier to a subscriber of primary
            digital transmissions of network stations if such secondary
            transmissions to such subscriber are permitted under section
            339(a)(2)(D) of the Communications Act of 1934, as in effect on
            the day after the date of the enactment of the Satellite Home
            Viewer Extension and Reauthorization Act of 2004, except that
            the reference to section 73.683(a) of title 47, Code of Federal
            Regulations, referred to in section 339(a)(2)(D)(i)(I) shall
            refer to such section as in effect on the date of the enactment
            of the Satellite Home Viewer Extension and Reauthorization Act
            of 2004.
                ``(E) Other provisions not affected.--This paragraph shall
            not affect the applicability of the statutory license to
            secondary transmissions under paragraph (3) or to unserved
            households included under paragraph (12).
                ``(F) Waiver.--A subscriber who is denied the secondary
            transmission of a network station under subparagraph (C) or (D)
            may request a waiver from such denial by submitting a request,
            through the subscriber's satellite carrier, to the network
            station in the local market affiliated with the same network
            where the subscriber is located. The network station shall
            accept or reject the subscriber's request for a waiver within
            30 days after receipt of the request. If the network station
            fails to accept or reject the subscriber's request for a waiver
            within that 30-day period, that network station shall be deemed
            to agree to the waiver request. Unless specifically stated by
            the network station, a waiver that was granted before the date
            of the enactment of the Satellite Home Viewer Extension and
            Reauthorization Act of 2004 under section 339(c)(2) of the
            Communications Act of 1934 shall not constitute a waiver for
            purposes of this subparagraph.
                ``(G) Available defined.--For purposes of this paragraph, a
            satellite carrier makes available a secondary transmission of
            the primary transmission of a local station to a subscriber or
            person if the satellite carrier offers that secondary
            transmission to other subscribers who reside in the same zip
            code as that subscriber or person.''.
            (2) Subsection (a) is amended by adding at the end the
        following:
            ``(14) Waivers.--A subscriber who is denied the secondary
        transmission of a signal of a network station under subsection
        (a)(2)(B) may request a waiver from such denial by submitting a
        request, through the subscriber's satellite carrier, to the network
        station asserting that the secondary transmission is prohibited.
        The network station shall accept or reject a subscriber's request
        for a waiver within 30 days after receipt of the request. If a
        television network station fails to accept or reject a subscriber's
        request for a waiver within the 30-day period after receipt of the
        request, that station shall be deemed to agree to the waiver
        request and have filed such written waiver. Unless specifically
        stated by the network station, a waiver that was granted before the
        date of the enactment of the Satellite Home Viewer Extension and
        Reauthorization Act of 2004 under section 339(c)(2) of the
        Communications Act of 1934, and that was in effect on such date of
        enactment, shall constitute a waiver for purposes of this
        paragraph.''.
            (3) Subsection (b)(1) is amended by striking subparagraph (B)
        and inserting the following:
                ``(B) a royalty fee for that 6-month period, computed by
            multiplying the total number of subscribers receiving each
            secondary transmission of each superstation or network station
            during each calendar month by the appropriate rate in effect
            under this section.''.
            (4) Subsection (b)(1) is further amended by adding at the end
        the following flush sentence: ``Notwithstanding the provisions of
        subparagraph (B), a satellite carrier whose secondary transmissions
        are subject to statutory licensing under paragraph (1) or (2) of
        subsection (a) shall have no royalty obligation for secondary
        transmissions to a subscriber under paragraph (3) of such
        subsection.''.
            (5) Subsection (c) is amended to read as follows:
        ``(c) Adjustment of Royalty Fees.--
            ``(1) Applicability and determination of royalty fees for
        analog signals.--
                ``(A) Initial fee.--The appropriate fee for purposes of
            determining the royalty fee under subsection (b)(1)(B) for the
            secondary transmission of the primary analog transmissions of
            network stations and superstations shall be the appropriate fee
            set forth in part 258 of title 37, Code of Federal Regulations,
            as in effect on July 1, 2004, as modified under this paragraph.
                ``(B) Fee set by voluntary negotiation.--On or before
            January 2, 2005, the Librarian of Congress shall cause to be
            published in the Federal Register of the initiation of
            voluntary negotiation proceedings for the purpose of
            determining the royalty fee to be paid by satellite carriers
            for the secondary transmission of the primary analog
            transmission of network stations and superstations under
            subsection (b)(1)(B).
                ``(C) Negotiations.--Satellite carriers, distributors, and
            copyright owners entitled to royalty fees under this section
            shall negotiate in good faith in an effort to reach a voluntary
            agreement or agreements for the payment of royalty fees. Any
            such satellite carriers, distributors and copyright owners may
            at any time negotiate and agree to the royalty fee, and may
            designate common agents to negotiate, agree to, or pay such
            fees. If the parties fail to identify common agents, the
            Librarian of Congress shall do so, after requesting
            recommendations from the parties to the negotiation proceeding.
            The parties to each negotiation proceeding shall bear the cost
            thereof.
                ``(D) Agreements binding on parties; filing of agreements;
            public notice.--(i) Voluntary agreements negotiated at any time
            in accordance with this paragraph shall be binding upon all
            satellite carriers, distributors, and copyright owners that a
            parties thereto. Copies of such agreements shall be filed with
            the Copyright Office within 30 days after execution in
            accordance with regulations that the Register of Copyrights
            shall prescribe.
                ``(ii)(I) Within 10 days after publication in the Federal
            Register of a notice of the initiation of voluntary negotiation
            proceedings, parties who have reached a voluntary agreement may
            request that the royalty fees in that agreement be applied to
            all satellite carriers, distributors, and copyright owners
            without convening an arbitration proceeding pursuant to
            subparagraph (E).
                ``(II) Upon receiving a request under subclause (I), the
            Librarian of Congress shall immediately provide public notice
            of the royalty fees from the voluntary agreement and afford
            parties an opportunity to state that they object to those fees.
                ``(III) The Librarian shall adopt the royalty fees from the
            voluntary agreement for all satellite carriers, distributors,
            and copyright owners without convening an arbitration
            proceeding unless a party with an intent to participate in the
            arbitration proceeding and a significant interest in the
            outcome of that proceeding objects under subclause (II).
                ``(E) Period agreement is in effect.--The obligation to pay
            the royalty fees established under a voluntary agreement which
            has been filed with the Copyright Office in accordance with
            this paragraph shall become effective on the date specified in
            the agreement, and shall remain in effect until December 31,
            2009, or in accordance with the terms of the agreement,
            whichever is later.
                ``(F) Fee set by compulsory arbitration.--
                    ``(i) Notice of initiation of proceedings.--On or
                before May 1, 2005, the Librarian of Congress shall cause
                notice to be published in the Federal Register of the
                initiation of arbitration proceedings for the purpose of
                determining the royalty fee to be paid for the secondary
                transmission of primary analog transmission of network
                stations and superstations under subsection (b)(1)(B) by
                satellite carriers and distributors

                        ``(I) in the absence of a voluntary agreement filed
                    in accordance with subparagraph (D) that establishes
                    royalty fees to be paid by all satellite carriers and
                    distributors; or
                        ``(II) if an objection to the fees from a voluntary
                    agreement submitted for adoption by the Librarian of
                    Congress to apply to all satellite carriers,
                    distributors, and copyright owners is received under
                    subparagraph (D) from a party with an intent to
                    participate in the arbitration proceeding and a
                    significant interest in the outcome of that proceeding.

                Such arbitrary proceeding shall be conducted under chapter
                8 as in effect on the day before the date of the enactment
                of the Copyright Royalty and Distribution Act of 2004.
                    ``(ii) Establishment of royalty fees.--In determining
                royalty fees under this subparagraph, the copyright
                arbitration royalty panel appointed under chapter 8, as in
                effect on the day before the date of the enactment of the
                Copyright Royalty and Distribution Act of 2004 shall
                establish fees for the secondary transmissions of the
                primary analog transmission of network stations and
                superstations that most clearly represent the fair market
                value of secondary transmissions, except that the Librarian
                of Congress and any copyright arbitration royalty panel
                shall adjust those fees to account for the obligations of
                the parties under any applicable voluntary agreement filed
                with the Copyright Office pursuant to subparagraph (D). In
                determining the fair market value, the panel shall base its
                decision on economic, competitive, and programming
                information presented by the parties, including--

                        ``(I) the competitive environment in which such
                    programming is distributed, the cost of similar signals
                    in similar private and compulsory license marketplaces,
                    and any special features and conditions of the
                    retransmission marketplace;
                        ``(II) the economic impact of such fees on
                    copyright owners and satellite carriers; and
                        ``(III) the impact on the continued availability of
                    secondary transmissions to the public.

                    ``(iii) Period during which decision of arbitration
                panel or order of librarian effective.--The obligation to
                pay the royalty fee established under a determination
                which--

                        ``(I) is made by a copyright arbitration royalty
                    panel in an arbitration proceeding under this paragraph
                    and is adopted by the Librarian of Congress under
                    section 802(f), as in effect on the day before the date
                    of the enactment of the Copyright Royalty and
                    Distribution Act of 2004; or
                        ``(II) is established by the Librarian under
                    section 802(f) as in effect on the day before such date
                    of enactment shall be effective as of January 1, 2005.

                    ``(iv) Persons subject to royalty fee.--The royalty fee
                referred to in (iii) shall be binding on all satellite
                carriers, distributors and copyright owners, who are not
                party to a voluntary agreement filed with the Copyright
                Office under subparagraph (D).
            ``(2) Applicability and determination of royalty fees for
        digital signals.--The process and requirements for establishing the
        royalty fee payable under subsection (b)(1)(B) for the secondary
        transmission of the primary digital transmissions of network
        stations and superstations shall be the same as that set forth in
        paragraph (1) for the secondary transmission of the primary analog
        transmission of network stations and superstations, except that--
                ``(A) the initial fee under paragraph (1)(A) shall be the
            rates set forth in section 298.3(b)(1) and (2) of title 37,
            Code of Federal Regulations, as in effect on the date of the
            enactment of the Satellite Home Viewer Extension and
            Reauthorization Act of 2004, reduced by 22.5 percent;
                ``(B) the notice of initiation of arbitration proceedings
            required in paragraph (1)(F)(i) shall be published on or before
            December 31, 2005; and
                ``(C) the royalty fees that are established for the
            secondary transmission of the primary digital transmission of
            network stations and superstations in accordance with to the
            procedures set forth in paragraph (1)(F)(iii) and are payable
            under subsection (b)(1)(B)--
                    ``(i) shall be reduced by 22.5 percent; and
                    ``(ii) shall be adjusted by the Librarian of Congress
                on January 1, 2007, and on January 1 of each year
                thereafter, to reflect any changes occurring during the
                preceding 12 months in the cost of living as determined by
                the most recent Consumer Price Index (for all consumers and
                items) published by the Secretary of Labor.''.
            (6) Subsection (a)(7), as redesignated by section 102(5) of
        this Act, is amended--
                (A) in subparagraph (A), by striking ``who does not reside
            in an unserved household'' and inserting ``who is not eligible
            to receive the transmission under this section'';
                (B) in subparagraph (B), by striking ``who do not reside in
            unserved households'' and inserting ``who are not eligible to
            receive the transmission under this section''; and
                (C) in subparagraph (D), by striking ``is for private home
            viewing to an unserved household'' and inserting ``is to a
            subscriber who is eligible to receive the secondary
            transmission under this section''.

    SEC. 104. STATUTORY LICENSE FOR SATELLITE RETRANSMISSION OF LOW POWER
                  TELEVISION STATIONS.

        (a) In General.--Section 119(a) of title 17, United States Code (as
    amended by sections 102 and 103 of this Act), is further amended by
    adding at the end the following:
            ``(15) Carriage of low power television stations.--
                ``(A) In general.--Notwithstanding paragraph (2)(B), and
            subject to subparagraphs (B) through (F) of this paragraph, the
            statutory license provided for in paragraphs (1) and (2) shall
            apply to the secondary transmission of the primary transmission
            of a network station or a superstation that is licensed as a
            low power television station, to a subscriber who resides
            within the same local market.
                ``(B) Geographic limitation.--
                    ``(i) Network stations.--With respect to network
                stations, secondary transmissions provided for in
                subparagraph (A) shall be limited to secondary
                transmissions to subscribers who--

                        ``(I) reside in the same local market as the
                    station originating the signal; and
                        ``(II) reside within 35 miles of the transmitter
                    site of such station, except that in the case of such a
                    station located in a standard metropolitan statistical
                    area which has 1 of the 50 largest populations of all
                    standard metropolitan statistical areas (based on the
                    1980 decennial census of population taken by the
                    Secretary of Commerce), the number of miles shall be
                    20.

                    ``(ii) Superstations.--With respect to superstations,
                secondary transmissions provided for in subparagraph (A)
                shall be limited to secondary transmissions to subscribers
                who reside in the same local market as the station
                originating the signal.
                ``(C) No applicability to repeaters and translators.--
            Secondary transmissions provided for in subparagraph (A) shall
            not apply to any low power television station that retransmits
            the programs and signals of another television station for more
            than 2 hours each day.
                ``(D) Royalty fees.--Notwithstanding subsection (b)(1)(B),
            a satellite carrier whose secondary transmissions of the
            primary transmissions of a low power television station are
            subject to statutory licensing under this section shall have no
            royalty obligation for secondary transmissions to a subscriber
            who resides within 35 miles of the transmitter site of such
            station, except that in the case of such a station located in a
            standard metropolitan statistical area which has 1 of the 50
            largest populations of all standard metropolitan statistical
            areas (based on the 1980 decennial census of population taken
            by the Secretary of Commerce), the number of miles shall be 20.
            Carriage of a superstation that is a low power television
            station within the station's local market, but outside of the
            35-mile or 20-mile radius described in the preceding sentence,
            shall be subject to royalty payments under subsection
            (b)(1)(B).
                ``(E) Limitation to subscribers taking local-into-local
            service.--Secondary transmissions provided for in subparagraph
            (A) may be made only to subscribers who receive secondary
            transmissions of primary transmissions from that satellite
            carrier pursuant to the statutory license under section 122,
            and only in conformity with the requirements under 340(b) of
            the Communications Act of 1934, as in effect on the date of the
            enactment of the Satellite Home Viewer Extension and
            Reauthorization Act of 2004.''.

    SEC. 105. DEFINITIONS.

        Section 119(d) of title 17, United States Code, is amended--
            (1) in paragraph (2)(A), by striking ``a television broadcast
        station'' and inserting ``a television station licensed by the
        Federal Communications Commission'';
            (2) by amending paragraph (9) to read as follows:
            ``(9) Superstation.--The term `superstation' means a television
        station, other than a network station, licensed by the Federal
        Communications Commission, that is secondarily transmitted by a
        satellite carrier.'';
            (3) in paragraph (10)--
                (A) in subparagraph (B), by striking ``granted under
            regulations established under section 339(c)(2) of the
            Communications Act of 1934'' and inserting ``that meets the
            standards of subsection (a)(14) whether or not the waiver was
            granted before the date of the enactment of the Satellite Home
            Viewer Extension and Reauthorization Act of 2004''; and
                (B) in subparagraph (D), by striking ``(a)(11)'' and
            inserting ``(a)(12)''; and
            (4) by striking paragraphs (11) and (12) and inserting the
        following:
            ``(11) Local market.--The term `local market' has the meaning
        given such term under section 122(j), except that with respect to a
        low power television station, the term `local market' means the
        designated market area in which the station is located.
            ``(12) Low power television station.--The term `low power
        television station' means a low power television as defined under
        section 74.701(f) of title 47, Code of Federal Regulations, as in
        effect on June 1, 2004. For purposes of this paragraph, the term
        `low power television station' includes a low power television
        station that has been accorded primary status as a Class A
        television licensee under section 73.6001(a) of title 47, Code of
        Federal Regulations.
            ``(13) Commercial establishment.--The term `commercial
        establishment'--
                ``(A) means an establishment used for commercial purposes,
            such as a bar, restaurant, private office, fitness club, oil
            rig, retail store, bank or other financial institution,
            supermarket, automobile or boat dealership, or any other
            establishment with a common business area; and
                ``(B) does not include a multi-unit permanent or temporary
            dwelling where private home viewing occurs, such as a hotel,
            dormitory, hospital, apartment, condominium, or prison.''.

    SEC. 106. EFFECT ON CERTAIN PROCEEDINGS.

        Nothing in this title shall modify any remedy imposed on a party
    that is required by the judgment of a court in any action that was
    brought before May 1, 2004, against that party for a violation of
    section 119 of title 17, United States Code.

    SEC. 107. STATUTORY LICENSE FOR SATELLITE CARRIERS RETRANSMITTING
                  SUPERSTATION SIGNALS TO COMMERCIAL ESTABLISHMENTS.

        (a) In General.--Section 119 of title 17, United States Code, is
    amended--
            (1) in subsection (a)(1)--
                (A) by inserting ``or for viewing in a commercial
            establishment'' after ``for private home viewing'' each place
            it appears; and
                (B) by striking ``household'' and inserting ``subscriber'';
            (2) in subsection (b), by striking ``for private home viewing''
        each place it appears;
            (3) in subsection (d)(1)--
                (A) by striking ``for private home viewing''; and
                (B) by inserting ``in accordance with the provisions of
            this section'' before the period;
            (4) in subsection (d)(6), by inserting ``pursuant to this
        section'' before the period; and
            (5) in subsection (d)(8)--
                (A) by striking ``who'' and inserting ``or entity that'';
                (B) by striking ``for private home viewing''; and
                (C) by inserting ``in accordance with the provisions of
            this section'' before the period.
        (b) Conforming Amendments.--Subsections (a)(4) and (d)(1)(A) of
    section 111 of title 17, United States Code, are each amended by
    striking ``for private home viewing''.

    SEC. 108. EXPEDITED CONSIDERATION OF VOLUNTARY AGREEMENTS TO PROVIDE
                  SATELLITE SECONDARY TRANSMISSIONS TO LOCAL MARKETS.

        Section 119 of title 17, United States Code, is amended by adding
    at the end the following:
        ``(f) Expedited Consideration by Justice Department of Voluntary
    Agreements to Provide Satellite Secondary Transmissions to Local
    Markets.--
            ``(1) In general.--In a case in which no satellite carrier
        makes available, to subscribers located in a local market, as
        defined in section 122(j)(2), the secondary transmission into that
        market of a primary transmission of one or more television
        broadcast stations licensed by the Federal Communications
        Commission, and two or more satellite carriers request a business
        review letter in accordance with section 50.6 of title 28, Code of
        Federal Regulations (as in effect on July 7, 2004), in order to
        assess the legality under the antitrust laws of proposed business
        conduct to make or carry out an agreement to provide such secondary
        transmission into such local market, the appropriate official of
        the Department of Justice shall respond to the request no later
        than 90 days after the date on which the request is received.
            ``(2) Definition.--For purposes of this subsection, the term
        `antitrust laws'--
                ``(A) has the meaning given that term in subsection (a) of
            the first section of the Clayton Act (15 U.S.C. 12(a)), except
            that such term includes section 5 of the Federal Trade
            Commission Act (15 U.S.C. 45) to the extent such section 5
            applies to unfair methods of competition; and
                ``(B) includes any State law similar to the laws referred
            to in paragraph (1).''.

    SEC. 109. STUDY.

        No later than June 30, 2008, the Register of Copyrights shall
    report to the Committee on the Judiciary of the House of
    Representatives and the Committee on the Judiciary of the Senate the
    Register's findings and recommendations on the operation and revision
    of the statutory licenses under sections 111, 119, and 122 of title 17,
    United States Code. The report shall include, but not be limited to,
    the following:
            (1) A comparison of the royalties paid by licensees under such
        sections, including historical rates of increases in these
        royalties, a comparison between the royalties under each such
        section and the prices paid in the marketplace for comparable
        programming.
            (2) An analysis of the differences in the terms and conditions
        of the licenses under such sections, an analysis of whether these
        differences are required or justified by historical, technological,
        or regulatory differences that affect the satellite and cable
        industries, and an analysis of whether the cable or satellite
        industry is placed in a competitive disadvantage due to these terms
        and conditions.
            (3) An analysis of whether the licenses under such sections are
        still justified by the bases upon which they were originally
        created.
            (4) An analysis of the correlation, if any, between the
        royalties, or lack thereof, under such sections and the fees
        charged to cable and satellite subscribers, addressing whether
        cable and satellite companies have passed to subscribers any
        savings realized as a result of the royalty structure and amounts
        under such sections.
            (5) An analysis of issues that may arise with respect to the
        application of the licenses under such sections to the secondary
        transmissions of the primary transmissions of network stations and
        superstations that originate as digital signals, including issues
        that relate to the application of the unserved household
        limitations under section 119 of title 17, United States Code, and
        to the determination of royalties of cable systems and satellite
        carriers.

    SEC. 110. ADDITIONAL STUDY.

        No later than December 31, 2005, the Register of Copyrights shall
    report to the Committee on the Judiciary of the House of
    Representatives and the Committee on the Judiciary of the Senate the
    Register's findings and recommendations on the following:
            (1) The extent to which the unserved household limitation for
        network stations contained in section 119 of title 17, United
        States Code, has operated efficiently and effectively and has
        forwarded the goal of title 17, United States Code, to protect
        copyright owners of over-the-air television programming, including
        what amendments, if any, are necessary to effectively identify the
        application of the limitation to individual households to receive
        secondary transmissions of primary digital transmissions of network
        stations.
            (2) The extent to which secondary transmissions of primary
        transmissions of network stations and superstations under section
        119 of title 17, United States Code, harm copyright owners of
        broadcast programming throughout the United States and the effect,
        if any, of the statutory license under section 122 of title 17,
        United States Code, in reducing such harm.

    SEC. 111. SPECIAL RULES.

        (a) Restrictions on Transmission of Distant Television Stations in
    Areas of Alaska Where Local-Into-Local Service Is Available.--Section
    119(a) of title 17, United States Code, is amended by adding at the end
    thereof the following:
            ``(16) Restricted transmission of out-of-state distant network
        signals into certain markets.--
                ``(A) Out-of-state network affiliates.--Notwithstanding any
            other provision of this title, the statutory license in this
            subsection and subsection (b) shall not apply to any secondary
            transmission of the primary transmission of a network station
            located outside of the State of Alaska to any subscriber in
            that State to whom the secondary transmission of the primary
            transmission of a television station located in that State is
            made available by the satellite carrier pursuant to section
            122.
                ``(B) Exception.--The limitation in subparagraph (A) shall
            not apply to the secondary transmission of the primary
            transmission of a digital signal of a network station located
            outside of the State of Alaska if at the time that the
            secondary transmission is made, no television station licensed
            to a community in the State and affiliated with the same
            network makes primary transmissions of a digital signal.''.
        (b) Extra DMA Deemed Local.--Section 122(j)(2) of title 17, United
    States Code, is amended by adding at the end thereof the following:
                ``(D) Certain areas outside of any designated market
            area.--Any census area, borough, or other area in the State of
            Alaska that is outside of a designated market area, as
            determined by Nielsen Media Research, shall be deemed to be
            part of one of the local markets in the State of Alaska. A
            satellite carrier may determine which local market in the State
            of Alaska will be deemed to be the relevant local market in
            connection with each subscriber in such census area, borough,
            or other area.''.

    SEC. 112. TECHNICAL AMENDMENT.

        Section 803(b)(1)(A)(i)(V) of title 17, United States Code, as
    amended by the Copyright Royalty and Distribution Reform Act of 2004,
    is amended by inserting before the period at the end the following: ``,
    except that in the case of proceedings under section 111 that are
    scheduled to commence in 2005, such notice may not be published.

             TITLE II--FEDERAL COMMUNICATIONS COMMISSION OPERATIONS

    SEC. 201. EXTENSION OF RETRANSMISSION CONSENT EXEMPTION.

        Section 325(b)(2)(C) of the Communications Act of 1934 (47 U.S.C.
    325(b)(2)(C)) is amended by striking ``December 31, 2004'' and
    inserting ``December 31, 2009''.

    SEC. 202. CABLE/SATELLITE COMPARABILITY.

        (a) Amendment.--Part I of title III of the Communications Act of
    1934 is amended by inserting after section 339 (47 U.S.C. 339) the
    following new section:

    ``SEC. 340. SIGNIFICANTLY VIEWED SIGNALS PERMITTED TO BE CARRIED.

        ``(a) Significantly Viewed Stations.--In addition to the broadcast
    signals that subscribers may receive under section 338 and 339, a
    satellite carrier is also authorized to retransmit to a subscriber
    located in a community the signal of any station located outside the
    local market in which such subscriber is located, to the extent such
    signal--
            ``(1) has, before the date of enactment of the Satellite Home
        Viewer Extension and Reauthorization Act of 2004, been determined
        by the Federal Communications Commission to be a signal a cable
        operator may carry as significantly viewed in such community,
        except to the extent that such signal is prevented from being
        carried by a cable system in such community under the Commission's
        network nonduplication and syndicated exclusivity rules; or
            ``(2) is, after such date of enactment, determined by the
        Commission to be significantly viewed in such community in
        accordance with the same standards and procedures concerning shares
        of viewing hours and audience surveys as are applicable under the
        rules, regulations, and authorizations of the Commission to
        determining with respect to a cable system whether signals are
        significantly viewed in a community.
        ``(b) Limitations.--
            ``(1) Analog service limited to subscribers taking local-into-
        local service.--With respect to a signal that originates as an
        analog signal of a network station, this section shall apply only
        to retransmissions to subscribers of a satellite carrier who
        receive retransmissions of a signal that originates as an analog
        signal of a local network station from that satellite carrier
        pursuant to section 338.
            ``(2) Digital service limitations.--With respect to a signal
        that originates as a digital signal of a network station, this
        section shall apply only if--
                ``(A) the subscriber receives from the satellite carrier
            pursuant to section 338 the retransmission of the digital
            signal of a network station in the subscriber's local market
            that is affiliated with the same television network; and
                ``(B) either--
                    ``(i) the retransmission of the local network station
                occupies at least the equivalent bandwidth as the digital
                signal retransmitted pursuant to this section; or
                    ``(ii) the retransmission of the local network station
                is comprised of the entire bandwidth of the digital signal
                broadcast by such local network station.
            ``(3) Limitation not applicable where no network affiliates.--
        The limitations in paragraphs (1) and (2) shall not prohibit a
        retransmission under this section to a subscriber located in a
        local market in which there are no network stations affiliated with
        the same television network as the station whose signal is being
        retransmitted pursuant to this section.
            ``(4) Authority to grant station-specific waivers.--Paragraphs
        (1) and (2) shall not prohibit a retransmission of a network
        station to a subscriber if and to the extent that the network
        station in the local market in which the subscriber is located, and
        that is affiliated with the same television network, has privately
        negotiated and affirmatively granted a waiver from the requirements
        of paragraph (1) and (2) to such satellite carrier with respect to
        retransmission of the significantly viewed station to such
        subscriber.
        ``(c) Publication and Modifications of Lists; Regulations.--
            ``(1) In general.--The Commission shall--
                ``(A) within 60 days after the date of enactment of the
            Satellite Home Viewer Extension and Reauthorization Act of
            2004--
                    ``(i) publish a list of the stations that are eligible
                for retransmission under subsection (a)(1) and the
                communities in which such stations are eligible for such
                retransmission; and
                    ``(ii) commence a rulemaking proceeding to implement
                this section by publication of a notice of proposed
                rulemaking;
                ``(B) adopt rules pursuant to such rulemaking within 1 year
            after such date of enactment.
            ``(2) Public availability of list.--The Commission shall make
        readily available to the public in electronic form, on the Internet
        website of the Commission or other comparable facility, a list of
        the stations that are eligible for retransmission under subsection
        (a) and the communities in which such stations are eligible for
        such retransmission. The Commission shall update such list within
        10 business days after the date on which the Commission issues an
        order making any modification of such stations and communities.
            ``(3) Modifications.--In addition to cable operators and
        television broadcast station licensees, the Commission shall permit
        a satellite carrier to petition for decisions and orders--
                ``(A) by which stations may be added to those that are
            eligible for retransmission under subsection (a), and by which
            communities may be added in which such stations are eligible
            for such retransmission; and
                ``(B) by which network nonduplication or syndicated
            exclusivity regulations are applied to the retransmission in
            accordance with subsection (e).
        ``(d) Effect on Other Obligations and Rights.--
            ``(1) No effect on carriage obligations.--Carriage of a signal
        under this section is not mandatory, and any right of a station
        licensee to have the signal of such station carried under section
        338 is not affected by the eligibility of such station to be
        carried under this section.
            ``(2) Retransmission consent rights not affected.--The
        eligibility of the signal of a station to be carried under this
        section does not affect any right of the licensee of such station
        to grant (or withhold) retransmission consent under section
        325(b)(1).
        ``(e) Network Nonduplication and Syndicated Exclusivity.--
            ``(1) Not applicable except as provided by commission
        regulations.--Signals eligible to be carried under this section are
        not subject to the Commission's regulations concerning network
        nonduplication or syndicated exclusivity unless, pursuant to
        regulations adopted by the Commission, the Commission determines to
        permit network nonduplication or syndicated exclusivity to apply
        within the appropriate zone of protection.
            ``(2) Limitation.--Nothing in this subsection or Commission
        regulations shall permit the application of network nonduplication
        or syndicated exclusivity regulations to the retransmission of
        distant signals of network stations that are carried by a satellite
        carrier pursuant to a statutory license under section 119(a)(2)(A)
        or (B) of title 17, United States Code, with respect to persons who
        reside in unserved households, under 119(a)(4)(A), or under section
        119(a)(12), of such title.
        ``(f) Enforcement.--
            ``(1) Orders and damages.--Upon complaint, the Commission shall
        issue a cease and desist order to any satellite carrier found to
        have violated this section in carrying any television broadcast
        station. Such order may, if a complaining station requests
        damages--
                ``(A) provide for the award of damages to a complaining
            station that establishes that the violation was committed in
            bad faith, in an amount up to $50 per subscriber, per station,
            per day of the violation; and
                ``(B) provide for the award of damages to a prevailing
            satellite carrier if the Commission determines that the
            complaint was frivolous, in an amount up to $50 per subscriber
            alleged to be in violation, per station alleged, per day of the
            alleged violation.
            ``(2) Commission decision.--The Commission shall issue a final
        determination resolving a complaint brought under this subsection
        not later than 180 days after the submission of a complaint under
        this subsection. The Commission may hear witnesses if it clearly
        appears, based on written filings by the parties, that there is a
        genuine dispute about material facts. Except as provided in the
        preceding sentence, the Commission may issue a final ruling based
        on written filings by the parties.
            ``(3) Remedies in addition.--The remedies under this subsection
        are in addition to any remedies available under title 17, United
        States Code.
            ``(4) No effect on copyright proceedings.--Any determination,
        action, or failure to act of the Commission under this subsection
        shall have no effect on any proceeding under title 17, United
        States Code, and shall not be introduced in evidence in any
        proceeding under that title. In no instance shall a Commission
        enforcement proceeding under this subsection be required as a
        predicate to the pursuit of a remedy available under title 17.
        ``(g) Notices Concerning Significantly Viewed Stations.--Each
    satellite carrier that proposes to commence the retransmission of a
    station pursuant to this section in any local market shall--
            ``(1) not less than 60 days before commencing such
        retransmission, provide a written notice to any television
        broadcast station in such local market of such proposal; and
            ``(2) designate on such carrier's website all significantly
        viewed signals carried pursuant to section 340 and the communities
        in which the signals are carried.
        ``(h) Additional Corresponding Changes in Regulations.--
            ``(1) Community-by-community elections.--The Commission shall,
        no later than October 30, 2005, revise section 76.66 of its
        regulations (47 CFR 76.66), concerning satellite broadcast signal
        carriage, to permit (at the next cycle of elections under section
        325) a television broadcast station that is located in a local
        market into which a satellite carrier retransmits a television
        broadcast station pursuant to section 338, to elect, with respect
        to such satellite carrier, between retransmission consent pursuant
        to such section 325 and mandatory carriage pursuant to section 338
        separately for each county within such station's local market, if--
                ``(A) the satellite carrier has notified the station,
            pursuant to paragraph (3), that it intends to carry another
            affiliate of the same network pursuant to this section during
            the relevant election period in the station's local market; or
                ``(B) on the date notification under paragraph (3) was due,
            the satellite carrier was retransmitting into the station's
            local market pursuant to this section an affiliate of the same
            television network.
            ``(2) Unified negotiations.--In revising its regulations as
        required by paragraph (1), the Commission shall provide that any
        such station shall conduct a unified negotiation for the entire
        portion of its local market for which retransmission consent is
        elected.
            ``(3) Additional provisions.--The Commission shall, no later
        than October 30, 2005, revise its regulations to provide the
        following:
                ``(A) Notifications by satellite carrier.--A satellite
            carrier's retransmission of television broadcast stations
            pursuant to this section shall be subject to the following
            limitations:
                    ``(i) In any local market in which the satellite
                carrier provides service pursuant to section 338 on the
                date of enactment of the Satellite Home Viewer Extension
                and Reauthorization Act of 2004, the carrier may notify a
                television broadcast station in that market, at least 60
                days prior to any date on which the station must thereafter
                make an election under section 76.66 of the Commission's
                regulations (47 CFR 76.66), of--

                        ``(I) each affiliate of the same television network
                    that the carrier reserves the right to retransmit into
                    that station's local market pursuant to this section
                    during the next election cycle under such section of
                    such regulations; and
                        ``(II) for each such affiliate, the communities
                    into which the satellite carrier reserves the right to
                    make such retransmissions.

                    ``(ii) In any local market in which the satellite
                carrier commences service pursuant to section 338 after the
                date of enactment of the Satellite Home Viewer Extension
                and Reauthorization Act of 2004, the carrier may notify a
                station in that market, at least 60 days prior to the
                introduction of such service in that market, and thereafter
                at least 60 days prior to any date on which the station
                must thereafter make an election under section 76.66 of the
                Commission's regulations (47 CFR 76.66), of each affiliate
                of the same television network that the carrier reserves
                the right to retransmit into that station's local market
                during the next election cycle under such section of such
                regulations.
                    ``(iii) Beginning with the 2005 election cycle, a
                satellite carrier may only retransmit pursuant to this
                section during the pertinent election period a signal--

                        ``(I) as to which it has provided the notifications
                    set forth in clauses (i) and (ii); or
                        ``(II) that it was retransmitting into the local
                    market under this section as of the date such
                    notifications were due.

                ``(B) Harmonization of elections and retransmission consent
            agreements.--If a satellite carrier notifies a television
            broadcast station that it reserves the right to retransmit an
            affiliate of the same television network during the next
            election cycle pursuant to this section, the station may choose
            between retransmission consent and mandatory carriage for any
            portion of the 3-year election cycle that is not covered by an
            existing retransmission consent agreement.
        ``(i) Definitions.--As used in this section:
            ``(1) Local market; satellite carrier; subscriber; television
        broadcast station.--The terms `local market', `satellite carrier',
        `subscriber', and `television broadcast station' have the meanings
        given such terms in section 338(k).
            ``(2) Network station; television network.--The terms `network
        station' and `television network' have the meanings given such
        terms in section 339(d).
            ``(3) Community.--The term `community' means--
                ``(A) a county or a cable community, as determined under
            the rules, regulations, and authorizations of the Commission
            applicable to determining with respect to a cable system
            whether signals are significantly viewed; or
                ``(B) a satellite community, as determined under such
            rules, regulations, and authorizations (or revisions thereof)
            as the Commission may prescribe in implementing the
            requirements of this section.
            ``(4) Bandwidth.--The terms `equivalent bandwidth' and `entire
        bandwidth' shall be defined by the Commission by regulation, except
        that this paragraph shall not be construed--
                ``(A) to prevent a satellite operator from using
            compression technology;
                ``(B) to require a satellite operator to use the identical
            bandwidth or bit rate as the local or distant broadcaster whose
            signal it is retransmitting;
                ``(C) to require a satellite operator to use the identical
            bandwidth or bit rate for a local network station as it does
            for a distant network station;
                ``(D) to affect a satellite operator's obligations under
            subsection (a)(1); or
                ``(E) to affect the definitions of `program related' and
            `primary video'.''.

    SEC. 203. CARRIAGE OF LOCAL STATIONS ON A SINGLE DISH.

        (a) Amendments.--Section 338 of the Communications Act of 1934 (47
    U.S.C. 338(d)) is amended--
            (1) by redesignating subsections (g) and (h) as subsections (j)
        and (k), respectively; and
            (2) by inserting after subsection (f) the following new
        subsection:
        ``(g) Carriage of Local Stations on a Single Dish.--
            ``(1) Single dish.--Each satellite carrier that retransmits the
        analog signals of local television broadcast stations in a local
        market shall retransmit such analog signals in such market by means
        of a single reception antenna and associated equipment.
            ``(2) Exception.--If the carrier retransmits signals in the
        digital television service, the carrier shall retransmit such
        digital signals in such market by means of a single reception
        antenna and associated equipment, but such antenna and associated
        equipment may be separate from the single reception antenna and
        associated equipment used for analog television service signals.
            ``(3) Effective date.--The requirements of paragraphs (1) and
        (2) of this subsection shall apply on and after 18 months after the
        date of enactment of the Satellite Home Viewer Extension and
        Reauthorization Act of 2004.
            ``(4) Notice of disruptions.--A carrier that is providing
        signals of a local television broadcast station in a local market
        under this section on the date of enactment of the Satellite Home
        Viewer Extension and Reauthorization Act of 2004 shall, not later
        than 15 months after such date of enactment, provide to the
        licensees for such stations and the carrier's subscribers in such
        local market a notice that displays prominently and conspicuously a
        clear statement of--
                ``(A) any reallocation of signals between different
            reception antennas and associated equipment that the carrier
            intends to make in order to comply with the requirements of
            this subsection;
                ``(B) the need, if any, for subscribers to obtain an
            additional reception antenna and associated equipment to
            receive such signals; and
                ``(C) any cessation of carriage or other material change in
            the carriage of signals as a consequence of the requirements of
            this paragraph.''.
        (b) Conforming Amendments: Commission Enforcement of Section; Low
    Power Television Stations.--
            (1) Section 338(a) of such Act is amended by striking
        paragraphs (1) and (2) and inserting the following:
            ``(1) In general.--Each satellite carrier providing, under
        section 122 of title 17, United States Code, secondary
        transmissions to subscribers located within the local market of a
        television broadcast station of a primary transmission made by that
        station shall carry upon request the signals of all television
        broadcast stations located within that local market, subject to
        section 325(b).
            ``(2) Remedies for failure to carry.--In addition to the
        remedies available to television broadcast stations under section
        501(f) of title 17, United States Code, the Commission may use the
        Commission's authority under this Act to assure compliance with the
        obligations of this subsection, but in no instance shall a
        Commission enforcement proceeding be required as a predicate to the
        pursuit of a remedy available under such section 501(f).
            ``(3) Low power station carriage optional.--No low power
        television station whose signals are provided under section
        119(a)(14) of title 17, United States Code, shall be entitled to
        insist on carriage under this section, regardless of whether the
        satellite carrier provides secondary transmissions of the primary
        transmissions of other stations in the same local market pursuant
        to section 122 of such title, nor shall any such carriage be
        considered in connection with the requirements of subsection (c) of
        this section.''.
            (2) Section 338(c)(1) of such Act is amended by striking
        ``subsection (a)'' and inserting ``subsection (a)(1)''.
            (3) Section 338(k) of such Act (as redesignated by subsection
        (a)(1)) is amended--
                (A) by redesignating paragraphs (4) through (7) as
            paragraphs (5) through (8), respectively; and
                (B) by inserting after paragraph (3) the following new
            paragraph:
            ``(4) Low power television station.--The term `low power
        television station' means a low power television station as defined
        under section 74.701(f) of title 47, Code of Federal Regulations,
        as in effect on June 1, 2004. For purposes of this paragraph, the
        term `low power television station' includes a low power television
        station that has been accorded primary status as a Class A
        television licensee under section 73.6001(a) of title 47, Code of
        Federal Regulations.''.

    SEC. 204. REPLACEMENT OF DISTANT SIGNALS WITH LOCAL SIGNALS.

        (a) Replacement.--Section 339(a) of the Communications Act of 1934
    (47 U.S.C. 339(a)) is amended--
            (1) in paragraph (1), by adding at the end the following new
        sentence: ``Such two network stations may be comprised of both the
        analog signal and digital signal of not more than two network
        stations.'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by inserting after paragraph (1) the following new
        paragraph:
            ``(2) Replacement of distant signals with local signals.--
        Notwithstanding any other provision of paragraph (1), the following
        rules shall apply after the date of enactment of the Satellite Home
        Viewer Extension and Reauthorization Act of 2004:
                ``(A) Rules for grandfathered subscribers to analog
            signals.--
                    ``(i) For those receiving distant analog signals.--In
                the case of a subscriber of a satellite carrier who is
                eligible to receive the analog signal of a network station
                solely by reason of section 119(e) of title 17, United
                States Code (in this subparagraph referred to as a `distant
                analog signal'), and who, as of October 1, 2004, is
                receiving the distant analog signal of that network
                station, the following shall apply:

                        ``(I) In a case in which the satellite carrier
                    makes available to the subscriber the analog signal of
                    a local network station affiliated with the same
                    television network pursuant to section 338, the carrier
                    may only provide the secondary transmissions of the
                    distant analog signal of a station affiliated with the
                    same network to that subscriber--

                            ``(aa) if, within 60 days after receiving the
                        notice of the satellite carrier under section
                        338(h)(1) of this Act, the subscriber elects to
                        retain the distant analog signal; but
                            ``(bb) only until such time as the subscriber
                        elects to receive such local analog signal.

                        ``(II) Notwithstanding subclause (I), the carrier
                    may not retransmit the distant analog signal to any
                    subscriber who is eligible to receive the analog signal
                    of a network station solely by reason of section 119(e)
                    of title 17, United States Code, unless such carrier,
                    within 60 days after the date of the enactment of the
                    Satellite Home Viewer Extension and Reauthorization Act
                    of 2004, submits to that television network the list
                    and statement required by subparagraph (F)(i).

                    ``(ii) For those not receiving distant analog
                signals.--In the case of any subscriber of a satellite
                carrier who is eligible to receive the distant analog
                signal of a network station solely by reason of section
                119(e) of title 17, United States Code, and who did not
                receive a distant analog signal of a station affiliated
                with the same network on October 1, 2004, the carrier may
                not provide the secondary transmissions of the distant
                analog signal of a station affiliated with the same network
                to that subscriber.
                ``(B) Rules for other subscribers to analog signals.--In
            the case of a subscriber of a satellite carrier who is eligible
            to receive the analog signal of a network station under this
            section (in this subparagraph referred to as a `distant analog
            signal'), other than subscribers to whom subparagraph (A)
            applies, the following shall apply:
                    ``(i) In a case in which the satellite carrier makes
                available to that subscriber, on January 1, 2005, the
                analog signal of a local network station affiliated with
                the same television network pursuant to section 338, the
                carrier may only provide the secondary transmissions of the
                distant analog signal of a station affiliate with the same
                network to that subscriber if the subscriber's satellite
                carrier, not later than March 1, 2005, submits to that
                television network the list and statement required by
                subparagraph (F)(i).
                    ``(ii) In a case in which the satellite carrier does
                not make available to that subscriber, on January 1, 2005,
                the analog signal of a local network station pursuant to
                section 338, the carrier may only provide the secondary
                transmissions of the distant analog signal of a station
                affiliated with the same network to that subscriber if--

                        ``(I) that subscriber seeks to subscribe to such
                    distant analog signal before the date on which such
                    carrier commences to carry pursuant to section 338 the
                    analog signals of stations from the local market of
                    such local network station; and
                        ``(II) the satellite carrier, within 60 days after
                    such date, submits to each television network the list
                    and statement required by subparagraph (F)(ii).

                ``(C) Future applicability.--A satellite carrier may not
            provide a distant analog signal (within the meaning of
            subparagraph (A) or (B)) to a person who--
                    ``(i) is not a subscriber lawfully receiving such
                secondary transmission as of the date of the enactment of
                the Satellite Home Viewer Extension and Reauthorization Act
                of 2004; and
                    ``(ii) at the time such person seeks to subscribe to
                receive such secondary transmission, resides in a local
                market where the satellite carrier makes available to that
                person the analog signal of a local network station
                affiliated with the same television network pursuant to
                section 338, and the retransmission of such signal by such
                carrier can reach such subscriber.
                ``(D) Special rules for distant digital signals.--
                    ``(i) Eligibility.--In the case of a subscriber of a
                satellite carrier who, with respect to a local network
                station--

                        ``(I) is a subscriber whose household is located
                    outside the coverage area of the analog signal of such
                    station as predicted by the model specified in
                    subsection (c)(3) of this section for the signal
                    intensity required under section 73.683(a) of title 47
                    of the Code of Federal Regulations, or a successor
                    regulation;
                        ``(II) is in an unserved household as determined
                    under section 119(d)(1)(A) of title 17, United States
                    Code; or
                        ``(III) is, after the date on which the conditions
                    required by clause (vii) are met with respect to such
                    station, determined under clause (vi) of this
                    subparagraph to be unable to receive a digital signal
                    of such local network station that exceeds the signal
                    intensity standard specified in such clause;

                such subscriber is eligible to receive the digital signal
                of a distant network station affiliated with the same
                network under this section (in this subparagraph referred
                to as a `distant digital signal') subject to the provisions
                of this subparagraph.
                    ``(ii) Pre-enactment distant digital signal
                subscribers.--Any eligible subscriber under this
                subparagraph who is a lawful subscriber to such a distant
                digital signal as of the date of enactment of the Satellite
                Home Viewer Extension and Reauthorization Act of 2004 may
                continue to receive such distant digital signal, whether or
                not such subscriber elects to subscribe to local digital
                signals.
                    ``(iii) Local-to-local analog markets.--In a case in
                which the satellite carrier makes available to an eligible
                subscriber under this subparagraph the analog signal of a
                local network station pursuant to section 338, the carrier
                may only provide the distant digital signal of a station
                affiliated with the same network to that subscriber if--

                        ``(I) in the case of any local market in the 48
                    contiguous States of the United States, the distant
                    digital signal is the secondary transmission of a
                    station whose prime time network programming is
                    generally broadcast simultaneously with, or later than,
                    the prime time network programming of the affiliate of
                    the same network in the local market;
                        ``(II) in any local market, the retransmission of
                    the distant digital signal of the distant station
                    occupies at least the equivalent bandwidth (as such
                    term is defined by the Commission under section
                    340(h)(4)) as the digital signal broadcast by such
                    station; and
                        ``(III) the subscriber subscribes to the analog
                    signal of such local network station within 60 days
                    after such signal is made available by the satellite
                    carrier, and adds to or replaces such analog signal
                    with the digital signal from such local network station
                    within 60 days after such signal is made available by
                    the satellite carrier, except that such distant digital
                    signal may continue to be provided to a subscriber who
                    cannot be reached by the satellite transmission of the
                    local digital signal.

                    ``(iv) Local-to-local digital markets.--After the date
                on which a satellite carrier makes available the digital
                signal of a local network station, the carrier may not
                offer the distant digital signal of a network station
                affiliated with the same television network to any new
                subscriber to such distant digital signal after such date,
                except that such distant digital signal may be provided to
                a new subscriber who cannot be reached by the satellite
                transmission of the local digital signal.
                    ``(v) Non-local-to-local markets.--After the date of
                enactment of the Satellite Home Viewer Extension and
                Reauthorization Act of 2004, if the satellite carrier does
                not make available the digital signal of a local network
                station in a local market, the satellite carrier may offer
                a new subscriber after such date who is eligible under this
                subparagraph a distant digital signal from a station
                affiliated with the same network and, in the case of any
                local market in the 48 contiguous States of the United
                States, whose prime time network programming is generally
                broadcast simultaneously with, or later than, the prime
                time network programming of the affiliate of the same
                network in the local market, except that--

                        ``(I) such carrier may continue to provide such
                    distant digital signal to such a subscriber after the
                    date on which the carrier makes available the digital
                    signal of a local network station affiliated with such
                    network only if such subscriber subscribes to the
                    digital signal from such local network station; and
                        ``(II) the limitation contained in subclause (I) of
                    this clause shall not apply to a subscriber that cannot
                    be reached by the satellite transmission of the local
                    digital signal.

                    ``(vi) Signal testing for digital signals.--

                        ``(I) A subscriber shall be eligible for a distant
                    digital signal under clause (i)(III) if such subscriber
                    is determined, based on a test conducted in accordance
                    with section 73.686(d) of title 47, Code of Federal
                    Regulations, or any successor regulation, not to be
                    able to receive a signal that exceeds the signal
                    intensity standard in section 73.622(e)(1) of title 47,
                    Code of Federal Regulations, as in effect on the date
                    of enactment of the Satellite Home Viewer Extension and
                    Reauthorization Act of 2004.
                        ``(II) Such test shall be conducted, upon written
                    request for a digital signal strength test by the
                    subscriber to the satellite carrier, within 30 days
                    after the date the subscriber submits such request for
                    the test. Such test shall be conducted by a qualified
                    and independent person selected by the satellite
                    carrier and the network station or stations, or who has
                    been previously approved by the satellite carrier and
                    by each affected network station but not previously
                    disapproved. A tester may not be so disapproved for a
                    test after the tester has commenced such test.
                        ``(III) Unless the satellite carrier and the
                    network station or stations otherwise agree, the costs
                    of conducting the test shall be borne as follows:

                            ``(aa) If the subscriber is not eligible for a
                        distant digital signal under clause (i)(I) of this
                        subparagraph (by reason of being outside of the
                        coverage area of the analog signal), the satellite
                        carrier may request the station licensee for a
                        waiver.
                            ``(bb) If the licensee agrees to a waiver, or
                        fails to respond to a waiver request within 30
                        days, the subscriber may receive such distant
                        digital signal.
                            ``(cc) If the licensee refuses to grant a
                        waiver, the subscriber may request the satellite
                        carrier to conduct the test.
                            ``(dd) If the satellite carrier requests the
                        test and--
                                ``(AA) the station's signal is determined
                            to exceed such signal intensity standard, the
                            costs of the test shall be borne by the
                            satellite carrier; and
                                ``(BB) the station's signal is determined
                            to not exceed such signal intensity standard,
                            the costs of the test shall be borne by the
                            licensee.
                            ``(ee) If the satellite carrier does not
                        request the test, or fails to respond within 30
                        days, the subscriber may request the test be
                        conducted under the supervision of the carrier, and
                        the costs of the test shall be borne by the
                        subscriber in accordance with regulations
                        prescribed by the Commission. Such regulations
                        shall also require the carrier to notify the
                        subscriber of the typical costs of such test.
                    ``(vii) Trigger events for use of testing.--A
                subscriber shall not be eligible for a distant digital
                signal under clause (i)(III) pursuant to a test conducted
                under clause (vii) until--

                        ``(I) in the case of a subscriber whose household
                    is located within the area predicted to be served (by
                    the predictive model for analog signals under
                    subsection (b)(3) of this section) by the signal of a
                    local network station and who is seeking a distant
                    digital signal of a station affiliated with the same
                    network as that local network station--

                            ``(aa) April 30, 2006, if such local network
                        station is within the top 100 television markets
                        and--
                                ``(AA) has received a tentative digital
                            television service channel designation that is
                            the same as such station's current digital
                            television service channel; or
                                ``(BB) has been found by the Commission to
                            have lost interference protection; or
                            ``(bb) July 15, 2007, for any other local
                        network stations, other than translator stations
                        licensed to broadcast on the date of enactment of
                        the Satellite Home Viewer Extension and
                        Reauthorization Act of 2004; or

                        ``(II) in the case of a translator station, 1 year
                    after the date on which the Commission completes all
                    actions necessary for the allocation and assignment of
                    digital television licenses to television translator
                    stations.

                    ``(viii) Testing waivers.--Upon request by a local
                network station, the Commission may grant a waiver with
                respect to such station to the beginning of testing under
                clause (vii), and prohibit subscribers from receiving
                digital signal strength testing with respect to such
                station. Such a request shall be filed not less than 5
                months prior to the implementation deadline specified in
                such clause, and the Commission shall act on such request
                by such implementation deadline. Such a waiver shall expire
                at the end of not more than 6 months, except that a waiver
                may be renewed upon a proper showing. The Commission may
                only grant such a request upon submission of clear and
                convincing evidence that the station's digital signal
                coverage is limited due to the unremediable presence of one
                or more of the following:

                        ``(I) the need for international coordination or
                    approvals;
                        ``(II) clear zoning or environmental legal
                    impediments;
                        ``(III) force majeure;
                        ``(IV) the station experiences a substantial
                    decrease in its digital signal coverage area due to
                    necessity of using side-mounted antenna;
                        ``(V) substantial technical problems that result in
                    a station experiencing a substantial decrease in its
                    coverage area solely due to actions to avoid
                    interference with emergency response providers; or
                        ``(VI) no satellite carrier is providing the
                    retransmission of the analog signals of local network
                    stations under section 338 in the local market.

                Under no circumstances may such a waiver be based upon
                financial exigency.
                    ``(ix) Special waiver provision for translators.--Upon
                request by a television translator station, the Commission
                may grant, for not more than 3 years, a waiver with respect
                to such station to the beginning of testing under clause
                (vii), and prohibit subscribers from receiving digital
                signal strength testing with respect to such station, if
                the Commission determines that the translator station is
                not broadcasting a digital signal due to one or more of the
                following:

                        ``(I) frequent occurrence of inclement weather; or
                        ``(II) mountainous terrain at the transmitter tower
                    location.

                    ``(x) Savings provision.--Nothing in this subparagraph
                shall be construed to affect a satellite carrier's
                obligations under section 338.
                    ``(xi) Definition.--For purposes of clause (viii), the
                term `emergency response providers' means Federal, State,
                or local governmental and nongovernmental emergency public
                safety, law enforcement, fire, emergency response,
                emergency medical (including hospital emergency
                facilities), and related personnel, organizations,
                agencies, or authorities.
                ``(E) Authority to grant station-specific waivers.--This
            paragraph shall not prohibit a retransmission of a distant
            analog signal or distant digital signal (within the meaning of
            subparagraph (A), (B), or (D)) of any distant network station
            to any subscriber to whom the signal of a local network station
            affiliated with the same network is available, if and to the
            extent that such local network station has affirmatively
            granted a waiver from the requirements of this paragraph to
            such satellite carrier with respect to retransmission of such
            distant network station to such subscriber.
                ``(F) Notices to networks of distant signal subscribers.--
                    ``(i) Within 60 days after the date of enactment of the
                Satellite Home Viewer Extension and Reauthorization Act of
                2004, each satellite carrier that provides a distant signal
                of a network station to a subscriber pursuant to
                subparagraph (A) or (B)(i) of this paragraph shall submit
                to each network--

                        ``(I) a list, aggregated by designated market area,
                    identifying each subscriber provided such a signal by--

                            ``(aa) name;
                            ``(bb) address (street or rural route number,
                        city, State, and zip code); and
                            ``(cc) the distant network signal or signals
                        received; and

                        ``(II) a statement that, to the best of the
                    carrier's knowledge and belief after having made
                    diligent and good faith inquiries, the subscriber is
                    qualified under the existing law to receive the distant
                    network signal or signals pursuant to subparagraph (A)
                    or (B)(i) of this paragraph.

                    ``(ii) Within 60 days after the date a satellite
                carrier commences to carry pursuant to section 338 the
                signals of stations from a local market, such a satellite
                carrier that provides a distant signal of a network station
                to a subscriber pursuant to subparagraph (B)(ii) of this
                paragraph shall submit to each network--

                        ``(I) a list identifying each subscriber in that
                    local market provided such a signal by--

                            ``(aa) name;
                            ``(bb) address (street or rural route number,
                        city, State, and zip code); and
                            ``(cc) the distant network signal or signals
                        received; and

                        ``(II) a statement that, to the best of the
                    carrier's knowledge and belief after having made
                    diligent and good faith inquiries, the subscriber is
                    qualified under the existing law to receive the distant
                    network signal or signals pursuant to subparagraph
                    (B)(ii) of this paragraph.

                ``(G) Other provisions not affected.--This paragraph shall
            not affect the eligibility of a subscriber to receive secondary
            transmissions under section 340 of this Act or as an unserved
            household included under section 119(a)(12) of title 17, United
            States Code.
                ``(H) Available defined.--For purposes of this paragraph, a
            satellite carrier makes available a local signal to a
            subscriber or person if the satellite carrier offers that local
            signal to other subscribers who reside in the same zip code as
            that subscriber or person.''; and
            (4) in paragraph (3) (as redesignated by paragraph (2) of this
        subsection), by adding at the end the following: ``, except that
        paragraph (2)(D) of this subsection, relating to the provision of
        distant digital signals, shall be enforceable under the provisions
        of section 340(f)''.
        (b) Study of Digital Strength Testing Procedures.--Section 339(c)
    of such Act (47 U.S.C. 339(c)) is amended by striking paragraph (1) and
    inserting the following:
            ``(1) Study of digital strength testing procedures.--
                ``(A) Study required.--Not later than 1 year after the date
            of the enactment of the Satellite Home Viewer Extension and
            Reauthorization Act of 2004, the Federal Communications
            Commission shall complete an inquiry regarding whether, for
            purposes of identifying if a household is unserved by an
            adequate digital signal under section 119(d)(10) of title 17,
            United States Code, the digital signal strength standard in
            section 73.622(e)(1) of title 47, Code of Federal Regulations,
            or the testing procedures in section 73.686(d) of title 47,
            Code of Federal Regulations, such statutes or regulations
            should be revised to take into account the types of antennas
            that are available to consumers.
                ``(B) Study considerations.--In conducting the study under
            this paragraph, the Commission shall consider whether--
                    ``(i) to account for the fact that an antenna can be
                mounted on a roof or placed in a home and can be fixed or
                capable of rotating;
                    ``(ii) section 73.686(d) of title 47, Code of Federal
                Regulations, should be amended to create different
                procedures for determining if the requisite digital signal
                strength is present than for determining if the requisite
                analog signal strength is present;
                    ``(iii) a standard should be used other than the
                presence of a signal of a certain strength to ensure that a
                household can receive a high-quality picture using antennas
                of reasonable cost and ease of installation;
                    ``(iv) to develop a predictive methodology for
                determining whether a household is unserved by an adequate
                digital signal under section 119(d)(10) of title 17, United
                States Code;
                    ``(v) there is a wide variation in the ability of
                reasonably priced consumer digital television sets to
                receive over-the-air signals, such that at a given signal
                strength some may be able to display high-quality pictures
                while others cannot, whether such variation is related to
                the price of the television set, and whether such variation
                should be factored into setting a standard for determining
                whether a household is unserved by an adequate digital
                signal; and
                    ``(vi) to account for factors such as building loss,
                external interference sources, or undesired signals from
                both digital television and analog television stations
                using either the same or adjacent channels in nearby
                markets, foliage, and man-made clutter.
                ``(C) Report.--Not later than 1 year after the date of the
            enactment of the Satellite Home Viewer Extension and
            Reauthorization Act of 2004, the Federal Communications
            Commission shall submit to the Committee on Energy and Commerce
            of the House of Representatives and the Committee on Commerce,
            Science, and Transportation of the Senate a report containing--
                    ``(i) the results of the study under this paragraph;
                and
                    ``(ii) recommendations, if any, as to what changes
                should be made to Federal statutes or regulations.''.

    SEC. 205. ADDITIONAL NOTICES TO SUBSCRIBERS, NETWORKS, AND STATIONS
                  CONCERNING SIGNAL CARRIAGE.

        Section 338 of the Communications Act of 1934 (47 U.S.C. 338) is
    further amended by inserting after subsection (g) (as added by section
    203) the following new subsection:
        ``(h) Additional Notices to Subscribers, Networks, and Stations
    Concerning Signal Carriage.--
            ``(1) Notices to and elections by subscribers concerning
        grandfathered signals.--Any carrier that provides a distant signal
        of a network station to a subscriber pursuant section 339(a)(2)(A)
        shall--
                ``(A) within 60 days after the local signal of a network
            station of the same television network is available pursuant to
            section 338, or within 60 days after the date of enactment of
            the Satellite Home Viewer Extension and Reauthorization Act of
            2004, whichever is later, send a notice to the subscriber--
                    ``(i) offering to substitute the local network signal
                for the duplicating distant network signal; and
                    ``(ii) informing the subscriber that, if the subscriber
                fails to respond in 60 days, the subscriber will lose the
                distant network signal but will be permitted to subscribe
                to the local network signal; and
                ``(B) if the subscriber--
                    ``(i) elects to substitute such local network signal
                within such 60 days, switch such subscriber to such local
                network signal within 10 days after the end of such 60-day
                period; or
                    ``(ii) fails to respond within such 60 days, terminate
                the distant network signal within 10 days after the end of
                such 60-day period.
            ``(2) Notice to station licensees of commencement of local-
        into-local service.--
                ``(A) Notice required.--Within 180 days after the date of
            enactment of the Satellite Home Viewer Extension and
            Reauthorization Act of 2004, the Commission shall revise the
            regulations under this section relating to notice to broadcast
            station licensees to comply with the requirements of this
            paragraph.
                ``(B) Contents of commencement notice.--The notice required
            by such regulations shall inform each television broadcast
            station licensee within any local market in which a satellite
            carrier proposes to commence carriage of signals of stations
            from that market, not later than 60 days prior to the
            commencement of such carriage--
                    ``(i) of the carrier's intention to launch local-into-
                local service under this section in a local market, the
                identity of that local market, and the location of the
                carrier's proposed local receive facility for that local
                market;
                    ``(ii) of the right of such licensee to elect carriage
                under this section or grant retransmission consent under
                section 325(b);
                    ``(iii) that such licensee has 30 days from the date of
                the receipt of such notice to make such election; and
                    ``(iv) that failure to make such election will result
                in the loss of the right to demand carriage under this
                section for the remainder of the 3-year cycle of carriage
                under section 325.
                ``(C) Transmission of notices.--Such regulations shall
            require that each satellite carrier shall transmit the notices
            required by such regulation via certified mail to the address
            for such television station licensee listed in the consolidated
            database system maintained by the Commission.''.

    SEC. 206. PRIVACY RIGHTS OF SATELLITE SUBSCRIBERS.

        (a) Amendment.--Section 338 of the Communications Act of 1934 (47
    U.S.C. 338) is further amended by inserting after subsection (h) (as
    added by section 205) the following new subsection:
        ``(i) Privacy Rights of Satellite Subscribers.--
            ``(1) Notice.--At the time of entering into an agreement to
        provide any satellite service or other service to a subscriber and
        at least once a year thereafter, a satellite carrier shall provide
        notice in the form of a separate, written statement to such
        subscriber which clearly and conspicuously informs the subscriber
        of--
                ``(A) the nature of personally identifiable information
            collected or to be collected with respect to the subscriber and
            the nature of the use of such information;
                ``(B) the nature, frequency, and purpose of any disclosure
            which may be made of such information, including an
            identification of the types of persons to whom the disclosure
            may be made;
                ``(C) the period during which such information will be
            maintained by the satellite carrier;
                ``(D) the times and place at which the subscriber may have
            access to such information in accordance with paragraph (5);
            and
                ``(E) the limitations provided by this section with respect
            to the collection and disclosure of information by a satellite
            carrier and the right of the subscriber under paragraphs (7)
            and (9) to enforce such limitations.
        In the case of subscribers who have entered into such an agreement
        before the effective date of this subsection, such notice shall be
        provided within 180 days of such date and at least once a year
        thereafter.
            ``(2) Definitions.--For purposes of this subsection, other than
        paragraph (9)--
                ``(A) the term `personally identifiable information' does
            not include any record of aggregate data which does not
            identify particular persons;
                ``(B) the term `other service' includes any wire or radio
            communications service provided using any of the facilities of
            a satellite carrier that are used in the provision of satellite
            service; and
                ``(C) the term `satellite carrier' includes, in addition to
            persons within the definition of satellite carrier, any person
            who--
                    ``(i) is owned or controlled by, or under common
                ownership or control with, a satellite carrier; and
                    ``(ii) provides any wire or radio communications
                service.
            ``(3) Prohibitions.--
                ``(A) Consent to collection.--Except as provided in
            subparagraph (B), a satellite carrier shall not use any
            facilities used by the satellite carrier to collect personally
            identifiable information concerning any subscriber without the
            prior written or electronic consent of the subscriber
            concerned.
                ``(B) Exceptions.--A satellite carrier may use such
            facilities to collect such information in order to--
                    ``(i) obtain information necessary to render a
                satellite service or other service provided by the
                satellite carrier to the subscriber; or
                    ``(ii) detect unauthorized reception of satellite
                communications.
            ``(4) Disclosure.--
                ``(A) Consent to disclosure.--Except as provided in
            subparagraph (B), a satellite carrier shall not disclose
            personally identifiable information concerning any subscriber
            without the prior written or electronic consent of the
            subscriber concerned and shall take such actions as are
            necessary to prevent unauthorized access to such information by
            a person other than the subscriber or satellite carrier.
                ``(B) Exceptions.--A satellite carrier may disclose such
            information if the disclosure is--
                    ``(i) necessary to render, or conduct a legitimate
                business activity related to, a satellite service or other
                service provided by the satellite carrier to the
                subscriber;
                    ``(ii) subject to paragraph (9), made pursuant to a
                court order authorizing such disclosure, if the subscriber
                is notified of such order by the person to whom the order
                is directed;
                    ``(iii) a disclosure of the names and addresses of
                subscribers to any satellite service or other service, if--

                        ``(I) the satellite carrier has provided the
                    subscriber the opportunity to prohibit or limit such
                    disclosure; and
                        ``(II) the disclosure does not reveal, directly or
                    indirectly, the--

                            ``(aa) extent of any viewing or other use by
                        the subscriber of a satellite service or other
                        service provided by the satellite carrier; or
                            ``(bb) the nature of any transaction made by
                        the subscriber over any facilities used by the
                        satellite carrier; or
                    ``(iv) to a government entity as authorized under
                chapter 119, 121, or 206 of title 18, United States Code,
                except that such disclosure shall not include records
                revealing satellite subscriber selection of video
                programming from a satellite carrier.
            ``(5) Access by subscriber.--A satellite subscriber shall be
        provided access to all personally identifiable information
        regarding that subscriber which is collected and maintained by a
        satellite carrier. Such information shall be made available to the
        subscriber at reasonable times and at a convenient place designated
        by such satellite carrier. A satellite subscriber shall be provided
        reasonable opportunity to correct any error in such information.
            ``(6) Destruction of information.--A satellite carrier shall
        destroy personally identifiable information if the information is
        no longer necessary for the purpose for which it was collected and
        there are no pending requests or orders for access to such
        information under paragraph (5) or pursuant to a court order.
            ``(7) Penalties.--Any person aggrieved by any act of a
        satellite carrier in violation of this section may bring a civil
        action in a United States district court. The court may award--
                ``(A) actual damages but not less than liquidated damages
            computed at the rate of $100 a day for each day of violation or
            $1,000, whichever is higher;
                ``(B) punitive damages; and
                ``(C) reasonable attorneys' fees and other litigation costs
            reasonably incurred.
        The remedy provided by this subsection shall be in addition to any
        other lawful remedy available to a satellite subscriber.
            ``(8) Rule of construction.--Nothing in this title shall be
        construed to prohibit any State from enacting or enforcing laws
        consistent with this section for the protection of subscriber
        privacy.
            ``(9) Court orders.--Except as provided in paragraph
        (4)(B)(iv), a governmental entity may obtain personally
        identifiable information concerning a satellite subscriber pursuant
        to a court order only if, in the court proceeding relevant to such
        court order--
                ``(A) such entity offers clear and convincing evidence that
            the subject of the information is reasonably suspected of
            engaging in criminal activity and that the information sought
            would be material evidence in the case; and
                ``(B) the subject of the information is afforded the
            opportunity to appear and contest such entity's claim.''.
        (b) Effective Date.--Section 338(i) of the Communications Act of
    1934 (47 U.S.C. 338(i)) as amended by subsection (a) of this section
    shall be effective 60 days after the date of enactment of this Act.

    SEC. 207. RECIPROCAL BARGAINING OBLIGATIONS.

        (a) Amendments.--Section 325(b)(3)(C) of the Communications Act of
    1934 (47 U.S.C. 325(b)(3)(C)) is amended--
            (1) by striking ``Within 45 days'' and all that follows through
        ``1999, the'' and inserting ``The'';
            (2) by striking the second sentence;
            (3) by striking ``and'' at the end of clause (i);
            (4) in clause (ii)--
                (A) by striking ``January 1, 2006'' and inserting ``January
            1, 2010''; and
                (B) by striking the period at the end and inserting ``;
            and''; and
            (5) by adding at the end the following new clause:
                    ``(iii) until January 1, 2010, prohibit a multichannel
                video programming distributor from failing to negotiate in
                good faith for retransmission consent under this section,
                and it shall not be a failure to negotiate in good faith if
                the distributor enters into retransmission consent
                agreements containing different terms and conditions,
                including price terms, with different broadcast stations if
                such different terms and conditions are based on
                competitive marketplace considerations.''.
        (b) Deadline.--The Federal Communications Commission shall
    prescribe regulations to implement the amendment made by subsection
    (a)(5) within 180 days after the date of enactment of this Act.

    SEC. 208. STUDY OF IMPACT ON CABLE TELEVISION SERVICE.

        (a) Study Required.--No later than 9 months after the date of
    enactment of the Satellite Home Viewer Extension and Reauthorization
    Act of 2004, the Federal Communications Commission shall complete an
    inquiry regarding the impact on competition in the multichannel video
    programming distribution market of the current retransmission consent,
    network nonduplication, syndicated exclusivity, and sports blackout
    rules, including the impact of those rules on the ability of rural
    cable operators to compete with direct broadcast satellite industry in
    the provision of digital broadcast television signals to consumers.
    Such report shall include such recommendations for changes in any
    statutory provisions relating to such rules as the Commission deems
    appropriate.
        (b) Report Required.--The Federal Communications Commission shall
    submit a report on the results of the inquiry required by subsection
    (a) to the Committee on Energy and Commerce of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate not later than 9 months after the date of
    the enactment of this Act.

    SEC. 209. REDUCTION OF REQUIRED TESTS.

        Section 339(c)(4) of the Communications Act of 1934 (47 U.S.C.
    339(c)(4)) is amended by inserting after subparagraph (C) the following
    new subparagraphs:
                ``(D) Reduction of verification burdens.--Within 1 year
            after the date of enactment of the Satellite Home Viewer
            Extension and Reauthorization Act of 2004, the Commission shall
            by rule exempt from the verification requirements of
            subparagraph (A) any request for a test made by a subscriber to
            a satellite carrier to whom the retransmission of the signals
            of local broadcast stations is available under section 338 from
            such carrier.
                ``(E) Exception.--A satellite carrier may refuse to engage
            in the testing process. If the carrier does so refuse, a
            subscriber in a local market in which the satellite carrier
            does not offer the signals of local broadcast stations under
            section 338 may, at his or her own expense, authorize a signal
            intensity test to be performed pursuant to the procedures
            specified by the Commission in section 73.686(d) of title 47,
            Code of Federal Regulations, by a tester who is approved by the
            satellite carrier and by each affected network station, or who
            has been previously approved by the satellite carrier and by
            each affected network station but not previously disapproved. A
            tester may not be so disapproved for a test after the tester
            has commenced such test. The tester shall give 5 business days
            advance written notice to the satellite carrier and to the
            affected network station or stations. A signal intensity test
            conducted in accordance with this subparagraph shall be
            determinative of the signal strength received at that household
            for purposes of determining whether the household is capable of
            receiving a Grade B intensity signal.''.

    SEC. 210. SATELLITE CARRIAGE OF TELEVISION STATIONS IN NONCONTIGUOUS
                  STATES.

        Section 338(a) of the Communications Act of 1934 (47 U.S.C. 338(a))
    is amended by adding at the end the following:
            ``(4) Carriage of signals of local stations in certain
        markets.--A satellite carrier that offers multichannel video
        programming distribution service in the United States to more than
        5,000,000 subscribers shall (A) within 1 year after the date of the
        enactment of the Satellite Home Viewer Extension and
        Reauthorization Act of 2004, retransmit the signals originating as
        analog signals of each television broadcast station located in any
        local market within a State that is not part of the contiguous
        United States, and (B) within 30 months after such date of
        enactment retransmit the signals originating as digital signals of
        each such station. The retransmissions of such stations shall be
        made available to substantially all of the satellite carrier's
        subscribers in each station's local market, and the retransmissions
        of the stations in at least one market in the State shall be made
        available to substantially all of the satellite carrier's
        subscribers in areas of the State that are not within a designated
        market area. The cost to subscribers of such retransmissions shall
        not exceed the cost of retransmissions of local television stations
        in other States. Within 1 year after the date of enactment of that
        Act, the Commission shall promulgate regulations concerning
        elections by television stations in such State between mandatory
        carriage pursuant to this section and retransmission consent
        pursuant to section 325(b), which shall take into account the
        schedule on which local television stations are made available to
        viewers in such State.''.

    SEC. 211. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS.

         Part I of title III of the Communications Act of 1934 (47 U.S.C.
    301 et seq.) is amended by inserting after section 339 the following:

    ``SEC. 341. CARRIAGE OF TELEVISION SIGNALS TO CERTAIN SUBSCRIBERS.

        ``(a)(1) In General.--A cable operator or satellite carrier may
    elect to retransmit, to subscribers in an eligible county.--
            ``(A) any television broadcast stations that are located in the
        State in which the county is located and that any cable operator or
        satellite carrier was retransmitting to subscribers in the county
        on January 1, 2004; or
            ``(B) up to 2 television broadcast stations located in the
        State in which the county is located, if the number of television
        broadcast stations that the cable operator or satellite carrier is
        authorized to carry under paragraph (1) is less than 3.
        ``(2) Deemed Significantly Viewed.--A station described in
    subsection (a) is deemed to be significantly viewed in the eligible
    county within the meaning of section 76.54 of the Commission's
    regulations (47 CFR 76.54).
        ``(3) Definition of Eligible County.--For purposes of this section,
    the term `eligible county' means any 1 of 4 counties that--
            ``(A) are all in a single State;
            ``(B) on January 1, 2004, were each in designated market areas
        in which the majority of counties were located in another State or
        States; and
            ``(C) as a group had a combined total of 41,340 television
        households according to the U.S. Television Household Estimates by
        Nielsen Media Research for 2003-2004.
        ``(4) Limitation.--Carriage of a station under this section shall
    be at the option of the cable operator or satellite carrier.
        ``(b) Certain Markets.--Notwithstanding any other provision of law,
    a satellite carrier may not carry the signal of a television station
    into an adjacent local market that is comprised of only a portion of a
    county, other than to unserved households located in that county.''.

    SEC. 212. DIGITAL TRANSITION SAVINGS PROVISION.

        Nothing in the dates by which requirements or other provisions are
    effective under this Act or the amendments made by this Act shall be
    construed--
            (1) to impair the authority of the Federal Communications
        Commission to take any action with respect to the transition by
        television broadcasters to the digital television service; or
            (2) to require the Commission to take any such action.

    SEC. 213. AUTHORIZING BROADCAST SERVICE IN UNSERVED AREAS OF ALASKA.

        Title III of the Communications Act of 1934 is amended as follows:
            (1) In section 307(c)(3)--
                (A) by striking ``any hearing'' and inserting ``any
            administrative or judicial hearing''; and
                (B) by inserting ``or section 402'' after ``section 405''.
            (2) In section 307, by adding at the end the following new
        subsection:
        ``(f) Notwithstanding any other provision of law, (1) any holder of
    a broadcast license may broadcast to an area of Alaska that otherwise
    does not have access to over the air broadcasts via translator,
    microwave, or other alternative signal delivery even if another holder
    of a broadcast license begins broadcasting to such area, (2) any holder
    of a broadcast license who has broadcast to an area of Alaska that did
    not have access to over the air broadcasts via translator, microwave,
    or other alternative signal delivery may continue providing such
    service even if another holder of a broadcast license begins
    broadcasting to such area, and shall not be fined or subject to any
    other penalty, forfeiture, or revocation related to providing such
    service including any fine, penalty, forfeiture, or revocation for
    continuing to operate notwithstanding orders to the contrary.''.
            (3) In section 312(g), by inserting before the period at the
        end the following: ``, except that the Commission may extend or
        reinstate such station license if the holder of the station license
        prevails in an administrative or judicial appeal, the applicable
        law changes, or for any other reason to promote equity and
        fairness. Any broadcast license revoked or terminated in Alaska in
        a proceeding related to broadcasting via translator, microwave, or
        other alternative signal delivery is reinstated''.

                 TITLE X--SNAKE RIVER WATER RIGHTS ACT OF 2004

    SECTION 1. SHORT TITLE.

        This title may be cited as the ``Snake River Water Rights Act of
    2004''.

    SEC. 2. PURPOSES.

        The purposes of this Act are--
            (1) to resolve some of the largest outstanding issues with
        respect to the Snake River Basin Adjudication in Idaho in such a
        manner as to provide important benefits to the United States, the
        State of Idaho, the Nez Perce Tribe, the allottees, and citizens of
        the State;
            (2) to achieve a fair, equitable, and final settlement of all
        claims of the Nez Perce Tribe, its members, and allottees and the
        United States on behalf of the Tribe, its members, and allottees to
        the water of the Snake River Basin within Idaho;
            (3) to authorize, ratify, and confirm the Agreement among the
        parties submitted to the Snake River Basin Adjudication Court and
        provide all parties with the benefits of the Agreement;
            (4) to direct--
                (A) the Secretary, acting through the Bureau of
            Reclamation, the Bureau of Land Management, the Bureau of
            Indian Affairs, and other agencies; and
                (B) the heads of other Federal agencies authorized to
            execute and perform actions necessary to carry out the
            Agreement;
        to perform all of their obligations under the Agreement and this
        Act; and
            (5) to authorize the actions and appropriations necessary for
        the United States to meet the obligations of the United States
        under the Agreement and this Act.

    SEC. 3. DEFINITIONS.

        In this Act:
            (1) Agreement.--The term ``Agreement'' means the document
        titled ``Mediator's Term Sheet'' dated April 20, 2004, and
        submitted on that date to the SRBA Court in SRBA Consolidated
        Subcase 03-10022 and SRBA Consolidated Subcase 67-13701, with all
        appendices to the document.
            (2) Allottee.--The term ``allottee'' means a person that holds
        a beneficial real property interest in an Indian allotment that
        is--
                (A) located within the Nez Perce Reservation; and
                (B) held in trust by the United States.
            (3) Consumptive use reserved water right.--The term
        ``consumptive use reserved water right'' means the Federal reserved
        water right of 50,000 acre-feet per year, as described in the
        Agreement, to be decreed to the United States in trust for the
        Tribe and the allottees, with a priority date of 1855.
            (4) Parties.--The term ``parties'' means the United States, the
        State, the Tribe, and any other entity or person that submitted, or
        joined in the submission of, the Agreement to the SRBA Court on
        April 20, 2004.
            (5) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.
            (6) Snake river basin.--The term ``Snake River Basin'' means
        the geographic area in the State described in paragraph 3 of the
        Commencement Order issued by the SRBA Court on November 19, 1987.
            (7) Springs or fountains water right.--The term ``springs or
        fountains water right'' means the Tribe's treaty right of access to
        and use of water from springs or fountains on Federal public land
        within the area ceded by the Tribe in the Treaty of June 9, 1863
        (14 Stat. 647), as recognized under the Agreement.
            (8) SRBA.--The term ``SRBA'' means the Snake River Basin
        Adjudication litigation before the SRBA Court styled as In re Snake
        River Basin Adjudication, Case No. 39576.
            (9) SRBA court.--The term ``SRBA Court'' means the District
        Court of the Fifth Judicial District of the State of Idaho, In and
        For the County of Twin Falls in re Snake River Basin Adjudication.
            (10) State.--The term ``State'' means the State of Idaho.
            (11) Tribe.--The term ``Tribe'' means the Nez Perce Tribe.

    SEC. 4. APPROVAL, RATIFICATION, AND CONFIRMATION OF AGREEMENT.

        (a) In General.--Except to the extent that the Agreement conflicts
    with the express provisions of this Act, the Agreement is approved,
    ratified, and confirmed.
        (b) Execution and Performance.--The Secretary and the other heads
    of Federal agencies with obligations under the Agreement shall execute
    and perform all actions, consistent with this Act, that are necessary
    to carry out the Agreement.

    SEC. 5. BUREAU OF RECLAMATION WATER USE.

        (a) In General.--As part of the overall implementation of the
    Agreement, the Secretary shall take such actions consistent with the
    Agreement, this Act, and water law of the State as are necessary to
    carry out the Snake River Flow Component of the Agreement.
        (b) Mitigation for Change of Use of Water.--
            (1) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary $2,000,000 for a 1-time payment to
        local governments to mitigate for the change of use of water
        acquired by the Bureau of Reclamation under section III.C.6 of the
        Agreement.
            (2) Distribution of funds.--Funds made available under
        paragraph (1) shall be distributed by the Secretary to local
        governments in accordance with a plan provided to the Secretary by
        the State.
            (3) Payments.--Payments by the Secretary shall be made on a pro
        rata basis as water rights are acquired by the Bureau of
        Reclamation.

    SEC. 6. BUREAU OF LAND MANAGEMENT LAND TRANSFER.

        (a) Transfer.--
            (1) In general.--The Secretary shall transfer land selected by
        the Tribe under paragraph (2) to the Bureau of Indian Affairs to be
        held in trust for the Tribe.
            (2) Land selection.--The land transferred shall be selected by
        the Tribe from a list of parcels of land managed by the Bureau of
        Land Management that are available for transfer, as depicted on the
        map entitled ``North Idaho BLM Land Eligible for Selection by the
        Nez Perce Tribe'' dated May 2004, on file with the Director of the
        Bureau of Land Management, not including any parcel designated on
        the map as being on the Clearwater River or Lolo Creek.
            (3) Maximum value.--The land selected by the Tribe for transfer
        shall be limited to a maximum value in total of not more than
        $7,000,000, as determined by an independent appraisal of fair
        market value prepared in accordance with the Uniform Standards of
        Professional Appraisal Practice and the Uniform Appraisal Standards
        for Federal Land Acquisitions.
        (b) Existing Rights and Uses.--
            (1) In general.--On any land selected by the Tribe under
        subsection (a)(2), any use in existence on the date of transfer
        under subsection (a) under a lease or permit with the Bureau of
        Land Management, including grazing, shall remain in effect until
        the date of expiration of the lease or permit, unless the holder of
        the lease or permit requests an earlier termination of the lease or
        permit, in which case the Secretary shall grant the request.
            (2) Availability of amounts.--Amounts that accrue to the United
        States under a lease or permit described in paragraph (1) from
        sales, bonuses, royalties, and rentals relating to any land
        transferred to the Tribe under this section shall be made available
        to the Tribe by the Secretary in the same manner as amounts
        received from other land held by the Secretary in trust for the
        Tribe.
        (c) Date of Transfer.--No land shall be transferred to the Bureau
    of Indian Affairs to be held in trust for the Tribe under this section
    until the waivers and releases under section 10(a) take effect.
        (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to the
        Secretary $200,000 for 1-time payments to local governments to
        mitigate for the transfer of land by the Bureau of Land Management
        to the Tribe under section I.F of the Agreement.
            (2) Payments.--Payments under paragraph (1) shall be made on a
        pro rata basis as parcels of land are acquired by the Tribe.

    SEC. 7. WATER RIGHTS.

        (a) Holding in Trust.--
            (1) In general.--The consumptive use reserved water right
        shall--
                (A) be held in trust by the United States for the benefit
            of the Tribe and allottees as set forth in this section; and
                (B) be subject to section 7 of the Act of February 8, 1887
            (25 U.S.C. 381).
            (2) Springs or fountains water right.--The springs or fountains
        water right of the Tribe shall be held in trust by the United
        States for the benefit of the Tribe.
            (3) Allottees.--Allottees shall be entitled to a just and
        equitable allocation of the consumptive use reserved water right
        for irrigation purposes.
        (b) Water Code.--
            (1) Enactment of water code.--Not later than 3 years after the
        date of enactment of this Act, the Tribe shall enact a water code,
        subject to any applicable provision of law, that--
                (A) manages, regulates, and controls the consumptive use
            reserved water right so as to allocate water for irrigation,
            domestic, commercial, municipal, industrial, cultural, or other
            uses; and
                (B) includes, subject to approval of the Secretary--
                    (i) a due process system for the consideration and
                determination of any request by an allottee, or any
                successor in interest to an allottee, for an allocation of
                such water for irrigation purposes on allotted land,
                including a process for an appeal and adjudication of
                denied or disputed distribution of water and for resolution
                of contested administrative decisions; and
                    (ii) a process to protect the interests of allottees
                when entering into any lease under subsection (e).
            (2) Secretarial approval.--Any provision of the water code and
        any amendments to the water code that affect the rights of the
        allottees shall be subject to approval by the Secretary, and no
        such provision or amendment shall be valid until approved by the
        Secretary.
            (3) Interim administration.--The Secretary shall administer the
        consumptive use reserved water right until such date as the water
        code described in paragraph (2) has been enacted by the Tribe and
        the Secretary has approved the relevant portions of the water code.
        (c) Exhaustion of Remedies.--Before asserting any claim against the
    United States under section 7 of the Act of February 8, 1887 (25 U.S.C.
    381) or other applicable law, a claimant shall exhaust remedies
    available under the Tribe's water code and Tribal law.
        (d) Petition to the Secretary.--Following exhaustion of remedies in
    accordance with subsection (c), a claimant may petition the Secretary
    for relief.
        (e) Satisfaction of Claims.--
            (1) In general.--The water rights and other benefits granted or
        confirmed by the Agreement and this Act shall be in full
        satisfaction of all claims for water rights and injuries to water
        rights of the allottees.
            (2) Satisfaction of entitlements.--Any entitlement to water of
        any allottee under Federal law shall be satisfied out of the
        consumptive use reserved water right.
            (3) Complete substitution.--The water rights, resources, and
        other benefits provided by this Act are a complete substitution for
        any rights that may have been held by, or any claims that may have
        been asserted by, allottees within the exterior boundaries of the
        Reservation before the date of enactment of this Act.
        (f) Abandonment, Forfeiture, or Nonuse.--The consumptive use
    reserved water right and the springs or fountains water right shall not
    be subject to loss by abandonment, forfeiture, or nonuse.
        (g) Lease of Water.--
            (1) In general.--Subject to the water code, the Tribe, without
        further approval of the Secretary, may lease water to which the
        Tribe is entitled under the consumptive use reserved water right
        through any State water bank in the same manner and subject to the
        same rules and requirements that govern any other lessor of water
        to the water bank.
            (2) Funds.--Any funds accruing to the Tribe from any lease
        under paragraph (1) shall be the property of the Tribe, and the
        United States shall have no trust obligation or other obligation to
        monitor, administer, or account for any consideration received by
        the Tribe under any such lease.

    SEC. 8. TRIBAL FUNDS.

        (a) Definition of Fund.--In this section, the term ``Fund'' means--
            (1) the Nez Perce Tribe Water and Fisheries Fund established
        under subsection (b)(1); and
            (2) the Nez Perce Tribe Domestic Water Supply Fund established
        under subsection (b)(2).
        (b) Establishment.--There are established in the Treasury of the
    United States--
            (1) a fund to be known as the ``Nez Perce Tribe Water and
        Fisheries Fund'', to be used to pay or reimburse costs incurred by
        the Tribe in acquiring land and water rights, restoring or
        improving fish habitat, or for fish production, agricultural
        development, cultural preservation, water resource development, or
        fisheries-related projects; and
            (2) a fund to be known as the ``Nez Perce Domestic Water Supply
        Fund'', to be used to pay the costs for design and construction of
        water supply and sewer systems for tribal communities, including a
        water quality testing laboratory.
        (c) Management of the Funds.--The Secretary shall manage the Funds,
    make investments from the Funds, and make amounts available from the
    Funds for distribution to the Tribe consistent with the American Indian
    Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), this
    Act, and the Agreement.
        (d) Investment of the Funds.--The Secretary shall invest amounts in
    the Funds in accordance with--
            (1) the Act of April 1, 1880 (25 U.S.C. 161; 21 Stat. 70,
        chapter 41);
            (2) the first section of the Act of June 24, 1938 (25 U.S.C.
        162a; 52 Stat. 1037, chapter 648); and
            (3) subsection (c).
        (e) Availability of Amounts From the Funds.--Amounts made available
    under subsection (h) shall be available for expenditure or withdrawal
    only after the waivers and releases under section 10(a) take effect.
        (f) Expenditures and Withdrawal.--
            (1) Tribal management plan.--
                (A) In general.--The Tribe may withdraw all or part of
            amounts in the Funds on approval by the Secretary of a tribal
            management plan as described in the American Indian Trust Fund
            Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                (B) Requirements.--In addition to the requirements under
            the American Indian Trust Fund Management Reform Act of 1994
            (25 U.S.C. 4001 et seq.), the tribal management plan shall
            require that the Tribe spend any amounts withdrawn from the
            Funds in accordance with the purposes described in subsection
            (b).
                (C) Enforcement.--The Secretary may take judicial or
            administrative action to enforce the provisions of any tribal
            management plan to ensure that any amounts withdrawn from the
            Funds under the plan are used in accordance with this Act and
            the Agreement.
                (D) Liability.--If the Tribe exercises the right to
            withdraw amounts from the Funds, neither the Secretary nor the
            Secretary of the Treasury shall retain any liability for the
            expenditure or investment of the amounts.
            (2) Expenditure plan.--
                (A) In general.--The Tribe shall submit to the Secretary
            for approval an expenditure plan for any portion of the amounts
            made available under subsection (h) that the Tribe does not
            withdraw under this subsection.
                (B) Description.--The expenditure plan shall describe the
            manner in which, and the purposes for which, amounts of the
            Tribe remaining in the Funds will be used.
                (C) Approval.--On receipt of an expenditure plan under
            subparagraph (A), the Secretary shall approve the plan if the
            Secretary determines that the plan is reasonable and consistent
            with this Act and the Agreement.
                (D) Annual report.--For each Fund, the Tribe shall submit
            to the Secretary an annual report that describes all
            expenditures from the Fund during the year covered by the
            report.
        (g) No Per Capita Payments.--No part of the principal of the Funds,
    or of the income accruing in the Funds, shall be distributed to any
    member of the Tribe on a per capita basis.
        (h) Authorization of Appropriations.--There are authorized to be
    appropriated--
            (1) to the Nez Perce Tribe Water and Fisheries Fund--
                (A) for fiscal year 2007, $7,830,000;
                (B) for fiscal year 2008, $4,730,000;
                (C) for fiscal year 2009, $7,380,000;
                (D) for fiscal year 2010, $10,080,000;
                (E) for fiscal year 2011, $11,630,000;
                (F) for fiscal year 2012, $9,450,000; and
                (G) for fiscal year 2013, $9,000,000; and
            (2) to the Nez Perce Tribe Domestic Water Supply Fund--
                (A) for fiscal year 2007, $5,100,000;
                (B) for fiscal year 2008, $8,200,000;
                (C) for fiscal year 2009, $5,550,000;
                (D) for fiscal year 2010, $2,850,000; and
                (E) for fiscal year 2011, $1,300,000.

    SEC. 9. SALMON AND CLEARWATER RIVER BASINS HABITAT FUND.

        (a) Establishment of Fund.--
            (1) In general.--There is established in the Treasury of the
        United States a fund to be known as the ``Salmon and Clearwater
        River Basins Habitat Fund'' (referred to in this section as the
        ``Fund''), to be administered by the Secretary.
            (2) Accounts.--There is established within the Fund--
                (A) an account to be known as the ``Nez Perce Tribe Salmon
            and Clearwater River Basins Habitat Account'', which shall be
            administered by the Secretary for use by the Tribe subject to
            the same provisions for management, investment, and expenditure
            as the funds established by section 8; and
                (B) an account to be known as the ``Idaho Salmon and
            Clearwater River Basins Habitat Account'', which shall be
            administered by the Secretary and provided to the State as
            provided in the Agreement and this Act.
        (b) Use of the Fund.--
            (1) In general.--The Fund shall be used to supplement amounts
        made available under any other law for habitat protection and
        restoration in the Salmon and Clearwater River Basins in Idaho,
        including projects and programs intended to protect and restore
        listed fish and their habitat in those basins, as specified in the
        Agreement and this Act.
            (2) Release of funds.--The Secretary shall release funds from
        the Idaho Salmon and Clearwater River Basins Habitat Account in
        accordance with section 6(d)(2) of the Endangered Species Act (16
        U.S.C. 1535(d)(2)).
            (3) No allocation requirement.--The use of the Fund shall not
        be subject to the allocation procedures under section 6(d)(1) of
        the Endangered Species Act of 1973 (16 U.S.C. 1535(d)(1)).
        (c) Availability of Amounts in the Fund.--Amounts made available
    under subsection (d) shall be available for expenditure or withdrawal
    only after the waivers and releases under section 10(a) take effect.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated--
            (1) to the Nez Perce Tribe Salmon and Clearwater River Basins
        Habitat Account, $2,533,334 for each of fiscal years 2007 through
        2011; and
            (2) to the Idaho Salmon and Clearwater River Basins Habitat
        Account, $5,066,666 for each of fiscal years 2007 through 2011.

    SEC. 10. TRIBAL WAIVER AND RELEASE OF CLAIMS.

        (a) Waiver and Release of Claims in General.--
            (1) Claims to water rights; claims for injuries to water rights
        or treaty rights.--Except as otherwise provided in this Act, the
        United States on behalf of the Tribe and the allottees, and the
        Tribe, waive and release--
                (A) all claims to water rights within the Snake River Basin
            (as defined in section 3);
                (B) all claims for injuries to such water rights; and
                (C) all claims for injuries to the treaty rights of the
            Tribe to the extent that such injuries result or resulted from
            flow modifications or reductions in the quantity of water
            available that accrued at any time up to and including the
            effective date of the settlement, and any continuation
            thereafter of any such claims, against the State, any agency or
            political subdivision of the State, or any person, entity,
            corporation, municipal corporation, or quasi-municipal
            corporation.
            (2) Claims based on reduced water quality or reductions in
        water quantity.--The United States on behalf of the Tribe and the
        allottees, and the Tribe, waive and release any claim, under any
        treaty theory, based on reduced water quality resulting directly
        from flow modifications or reductions in the quantity of water
        available in the Snake River Basin against any party to the
        Agreement.
            (3) No future assertion of claims.--No water right claim that
        the Tribe or the allottees have asserted or may in the future
        assert outside the Snake River Basin shall require water to be
        supplied from the Snake River Basin to satisfy the claim.
            (4) Effect of waivers and releases.--The waivers and releases
        by the United States and the Tribe under this subsection--
                (A) shall be permanent and enforceable; and
                (B) shall survive any subsequent termination of any
            component of the settlement described in the Agreement or this
            Act.
            (5) Effective date.--The waivers and releases under this
        subsection shall take effect on the date on which the Secretary
        causes to be published in the Federal Register a statement of
        findings that the actions set forth in section IV.L of the
        Agreement--
                (A) have been completed, including issuance of a judgment
            and decree by the SRBA court from which no further appeal may
            be taken; and
                (B) have been determined by the United States on behalf of
            the Tribe and the allottees, the Tribe, and the State of Idaho
            to be consistent in all material aspects with the Agreement.
        (b) Waiver and Release of Claims Against the United States.--
            (1) In general.--In consideration of performance by the United
        States of all actions required by the Agreement and this Act,
        including the appropriation of all funds authorized under sections
        8(h) and 9(d)(1), the Tribe shall execute a waiver and release of
        the United States from--
                (A) all claims for water rights within the Snake River
            Basin, injuries to such water rights, or breach of trust claims
            for failure to protect, acquire, or develop such water rights
            that accrued at any time up to and including the effective date
            determined under paragraph (2);
                (B) all claims for injuries to the Tribe's treaty fishing
            rights, to the extent that such injuries result or resulted
            from reductions in the quantity of water available in the Snake
            River Basin;
                (C) all claims of breach of trust for failure to protect
            Nez Perce springs or fountains treaty rights reserved in
            article VIII of the Treaty of June 9, 1863 (14 Stat. 651); and
                (D) all claims of breach of trust arising out of the
            negotiation of or resulting from the adoption of the Agreement.
            (2) Effective date.--
                (A) In general.--The waiver and release contained in this
            subsection shall take effect on the date on which the amounts
            authorized under sections 8(h) and 9(d)(1) are appropriated.
                (B) Periods of limitation; equitable claims.--
                    (i) In general.--All periods of limitation and time-
                based equitable defenses applicable to the claims set forth
                in paragraph (1) are tolled for the period between the date
                of enactment of this Act until the earlier of--

                        (I) the date on which the amounts authorized under
                    sections 8(h) and 9(d)(1) are appropriated; or
                        (II) October 1, 2017.

                    (ii) Effect of subparagraph.--This subparagraph neither
                revives any claim nor tolls any period of limitation or
                time-based equitable defense that may have expired before
                the date of enactment of this Act.
            (3) Defense.--The making of the amounts of appropriations
        authorized under sections 8(h) and 9(d)(1) shall constitute a
        complete defense to any claim pending in any court of the United
        States on the date on which the appropriations are made.
        (c) Retention of Rights.--
            (1) In general.--The Tribe shall retain all rights not
        specifically waived or released in the Agreement or this Act.
            (2) Dworshak project.--Nothing in the Agreement or this Act
        constitutes a waiver by the Tribe of any claim against the United
        States resulting from the construction and operation of the
        Dworshak Project (Project PWI 05090), other than those specified in
        subparagraphs (A) and (B) of subsection (b)(1).
            (3) Future acquisition of water rights.--Nothing in the
        Agreement or this Act precludes the Tribe or allottees, or the
        United States as trustee for the Tribe or allottees, from
        purchasing or otherwise acquiring water rights in the future to the
        same extent as any other entity in the State.

    SEC. 11. MISCELLANEOUS.

        (a) General Disclaimer.--The parties expressly reserve all rights
    not specifically granted, recognized, or relinquished by the settlement
    described in the Agreement or this Act.
        (b) Disclaimer Regarding Other Agreements and Precedent.--
            (1) In general.--Subject to section 9(b)(3), nothing in this
        Act amends, supersedes, or preempts any State law, Federal law,
        Tribal law, or interstate compact that pertains to the Snake River
        Basin.
            (2) No establishment of standard.--Nothing in this Act--
                (A) establishes any standard for the quantification of
            Federal reserved water rights or any other Indian water claims
            of any other Indian tribes in any other judicial or
            administrative proceeding; or
                (B) limits the rights of the parties to litigate any issue
            not resolved by the Agreement or this Act.
            (3) No admission against interest.--Nothing in this Act
        constitutes an admission against interest against any party in any
        legal proceeding.
        (c) Treaty Rights.--Nothing in the Agreement or this Act impairs
    the treaty fishing, hunting, pasturing, or gathering rights of the
    Tribe except to the extent expressly provided in the Agreement or this
    Act.
        (d) Other Claims.--Nothing in the Agreement or this Act quantifies
    or otherwise affects the water rights, claims, or entitlements to
    water, or any other treaty right, of any Indian tribe, band, or
    community other than the Tribe.
        (e) Recreation on Dworshak Reservoir.--
            (1) In general.--In implementing the provisions of the
        Agreement and this Act relating to the use of water stored in
        Dworshak Reservoir for flow augmentation purposes, the heads of the
        Federal agencies involved in the operational Memorandum of
        Agreement referred to in the Agreement shall implement a flow
        augmentation plan beneficial to fish and consistent with the
        Agreement.
            (2) Contents of plan.--The flow augmentation plan may include
        provisions beneficial to recreational uses of the reservoir through
        maintenance of the full level of the reservoir for prolonged
        periods during the summer months.
        (f) Jurisdiction.--
            (1) No effect on subject matter jurisdiction.--Nothing in the
        Agreement or this Act restricts, enlarges, or otherwise determines
        the subject matter jurisdiction of any Federal, State, or Tribal
        court.
            (2) Consent to jurisdiction.--The United States consents to
        jurisdiction in a proper forum for purposes of enforcing the
        provisions of the Agreement.
            (3) Effect of subsection.--Nothing in this subsection confers
        jurisdiction on any State court to--
                (A) enforce Federal environmental laws regarding the duties
            of the United States; or
                (B) conduct judicial review of Federal agency action.

                           DIVISION K--SMALL BUSINESS

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This division may be cited as the ``Small
    Business Reauthorization and Manufacturing Assistance Act of 2004''.
        (b) Table of Contents.--The table of contents for this division is
    as follows:

            TITLE I--SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING

    Sec. 1. Short title; table of contents.

                   Subtitle A--Small manufacturers assistance

    Sec. 101. Express loans.
    Sec. 102. Loan guarantee fees.
    Sec. 103. Increase in guarantee amount and institution of associated
              fee.
    Sec. 104. Debenture size.
    Sec. 105. Job requirements.
    Sec. 106. Report regarding national database of small manufacturers.
    Sec. 107. International trade.

                           Subtitle B--Authorizations

     Chapter 1--Program authorization levels and additional reauthorizations

    Sec. 121. Program authorization levels.
    Sec. 122. Additional reauthorizations.

    Chapter 2--Paul D. Coverdell drug-free workplace program authorizations
                              and sundry amendments

    Sec. 123. Paul D. Coverdell drug-free workplace program authorization
              provisions.
    Sec. 124. Grant provisions.
    Sec. 125. Drug-free communities coalitions as eligible intermediaries.
    Sec. 126. Promotion of effective practices of eligible intermediaries.
    Sec. 127. Report to Congress.

                      Subtitle C--Administration Management

    Sec. 131. Lender examination and review fees.
    Sec. 132. Gifts and co-sponsorship of events.

                Subtitle D--Entrepreneurial development programs

                Chapter 1--Office of entrepreneurial development

    Sec. 141. Service Corps of Retired Executives.
    Sec. 142. Small business development center program.

               Chapter 2--Office of Veterans Business Development

    Sec. 143. Advisory Committee on Veterans Business Affairs.
    Sec. 144. Outreach grants for veterans.
    Sec. 145. Authorization of appropriations.
    Sec. 146. National Veterans Business Development Corporation.

            Chapter 3--Manufacturing and entrepreneurial development

    Sec. 147. Small Business Manufacturing Task Force.

                           Subtitle E--HUBZone Program

    Sec. 151. Streamlining and revision of HUBZone eligibility requirements.
    Sec. 152. Expansion of qualified areas.
    Sec. 153. Price evaluation preference.
    Sec. 154. HUBZone Authorizations.
    Sec. 155. Participation in federally funded projects.

                  Subtitle F--Small business lending companies

    Sec. 161. Supervisory and enforcement authority for small business
              lending companies.
    Sec. 162. Definitions relating to small business lending companies.

                       TITLE II--MISCELLANEOUS AMENDMENTS

    Sec. 201. Amendment to definition of equity capital with respect to
              issuers of participating securities.
    Sec. 202. Investment of excess funds.
    Sec. 203. Surety bond amendments.
    Sec. 204. Effective date for certain fees.

           TITLE I--SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING
                   Subtitle A--Small Manufacturers Assistance

    SEC. 101. EXPRESS LOANS.

        (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
    636(a)) is amended by adding at the end the following:
            ``(31) Express loans.--
                ``(A) Definitions.--As used in this paragraph:
                    ``(i) The term `express lender' means any lender
                authorized by the Administration to participate in the
                Express Loan Program.
                    ``(ii) The term `express loan' means any loan made
                pursuant to this paragraph in which a lender utilizes to
                the maximum extent practicable its own loan analyses,
                procedures, and documentation.
                    ``(iii) The term `Express Loan Program' means the
                program for express loans established by the Administration
                under paragraph (25)(B), as in existence on April 5, 2004,
                with a guaranty rate of not more than 50 percent.
                ``(B) Restriction to express lender.--The authority to make
            an express loan shall be limited to those lenders deemed
            qualified to make such loans by the Administration. Designation
            as an express lender for purposes of making an express loan
            shall not prohibit such lender from taking any other action
            authorized by the Administration for that lender pursuant to
            this subsection.
                ``(C) Grandfathering of existing lenders.--Any express
            lender shall retain such designation unless the Administration
            determines that the express lender has violated the law or
            regulations promulgated by the Administration or modifies the
            requirements to be an express lender and the lender no longer
            satisfies those requirements.
                ``(D) Maximum loan amount.--The maximum loan amount under
            the Express Loan Program is $350,000.
                ``(E) Option to participate.--Except as otherwise provided
            in this paragraph, the Administration shall take no regulatory,
            policy, or administrative action, without regard to whether
            such action requires notification pursuant to paragraph (24),
            that has the effect of requiring a lender to make an express
            loan pursuant to subparagraph (D).''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect on the date of enactment of this Act.

    SEC. 102. LOAN GUARANTEE FEES.

        (a) Additional Guarantee Fee Level.--Section 7(a)(18)(A) of the
    Small Business Act (15 U.S.C. 636(a)(18)(A)) is amended to read as
    follows:
                ``(A) In general.--With respect to each loan guaranteed
            under this subsection (other than a loan that is repayable in 1
            year or less), the Administration shall collect a guarantee
            fee, which shall be payable by the participating lender, and
            may be charged to the borrower, as follows:
                    ``(i) A guarantee fee not to exceed 2 percent of the
                deferred participation share of a total loan amount that is
                not more than $150,000.
                    ``(ii) A guarantee fee not to exceed 3 percent of the
                deferred participation share of a total loan amount that is
                more than $150,000, but not more than $700,000.
                    ``(iii) A guarantee fee not to exceed 3.5 percent of
                the deferred participation share of a total loan amount
                that is more than $700,000.
                    ``(iv) In addition to the fee under clause (iii), a
                guarantee fee equal to 0.25 percent of any portion of the
                deferred participation share that is more than
                $1,000,000.''.
        (b) Clerical Amendment.--Section 7(a)(18) of the Small Business Act
    (15 U.S.C. 636(a)(18)) is amended by striking subparagraph (C).
        (c) Yearly Fee.--Section 7(a)(23) of the Small Business Act (15
    U.S.C. 636(a)(23)) is amended--
            (1) in the heading, by striking ``Annual'' and inserting
        ``Yearly'';
            (2) by striking subparagraph (A) and inserting the following:
                ``(A) In general.--With respect to each loan approved under
            this subsection, the Administration shall assess, collect, and
            retain a fee, not to exceed 0.55 percent per year of the
            outstanding balance of the deferred participation share of the
            loan, in an amount established once annually by the
            Administration in the Administration's annual budget request to
            Congress, as necessary to reduce to zero the cost to the
            Administration of making guarantees under this subsection. As
            used in this paragraph, the term `cost' has the meaning given
            that term in section 502 of the Federal Credit Reform Act of
            1990 (2 U.S.C. 661a).'';
            (3) in subparagraph (B), by striking ``annual'' and inserting
        ``yearly''; and
            (4) by adding at the end the following:
                ``(C) Lowering of borrower fees.--If the Administration
            determines that fees paid by lenders and by small business
            borrowers for guarantees under this subsection may be reduced,
            consistent with reducing to zero the cost to the Administration
            of making such guarantees--
                    ``(i) the Administration shall first consider reducing
                fees paid by small business borrowers under clauses (i)
                through (iii) of paragraph (18)(A), to the maximum extent
                possible; and
                    ``(ii) fees paid by small business borrowers shall not
                be increased above the levels in effect on the date of
                enactment of this subparagraph.''.

    SEC. 103. INCREASE IN GUARANTEE AMOUNT AND INSTITUTION OF ASSOCIATED
                  FEE.

        (a) Increase in Amount Permitted to Be Outstanding and Committed.--
    Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 636(a)(3)(A))
    is amended by striking ``$1,000,000'' and inserting ``$1,500,000''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect on the date of enactment of this Act.

    SEC. 104. DEBENTURE SIZE.

        Section 502(2) of the Small Business Investment Act of 1958 (15
    U.S.C. 696(2)) is amended to read as follows:
            ``(2) Maximum amount.--
                ``(A) In general.--Loans made by the Administration under
            this section shall be limited to--
                    ``(i) $1,500,000 for each small business concern if the
                loan proceeds will not be directed toward a goal or project
                described in subparagraph (B) or (C);
                    ``(ii) $2,000,000 for each small business concern if
                the loan proceeds will be directed toward 1 or more of the
                public policy goals described under section 501(d)(3); and
                    ``(iii) $4,000,000 for each project of a small
                manufacturer.
                ``(B) Definition.--As used in this paragraph, the term
            `small manufacturer' means a small business concern--
                    ``(i) the primary business of which is classified in
                sector 31, 32, or 33 of the North American Industrial
                Classification System; and
                    ``(ii) all of the production facilities of which are
                located in the United States.''.

    SEC. 105. JOB REQUIREMENTS.

        Section 501 of the Small Business Investment Act of 1958 (15 U.S.C.
    695) is amended by adding at the end the following:
        ``(e)(1) A project meets the objective set forth in subsection
    (d)(1) if the project creates or retains one job for every $50,000
    guaranteed by the Administration, except that the amount is $100,000 in
    the case of a project of a small manufacturer.
        ``(2) Paragraph (1) does not apply to a project for which
    eligibility is based on the objectives set forth in paragraph (2) or
    (3) of subsection (d), if the development company's portfolio of
    outstanding debentures creates or retains one job for every $50,000
    guaranteed by the Administration.
        ``(3) For projects in Alaska, Hawaii, State-designated enterprise
    zones, empowerment zones and enterprise communities, labor surplus
    areas, as determined by the Secretary of Labor, and for other areas
    designated by the Administrator, the development company's portfolio
    may average not more than $75,000 per job created or retained.
        ``(4) Loans for projects of small manufacturers shall be excluded
    from calculations under paragraph (2) or (3).
        ``(5) Under regulations prescribed by the Administrator, the
    Administrator may waive, on a case-by-case basis or by regulation, any
    requirement of this subsection (other than paragraph (4)). With respect
    to any waiver the Administrator is prohibited from adopting a dollar
    amount that is lower than the amounts set forth in paragraphs (1), (2),
    and (3).
        ``(6) As used in this subsection, the term `small manufacturer'
    means a small business concern--
            ``(A) the primary business of which is classified in sector 31,
        32, or 33 of the North American Industrial Classification System;
        and
            ``(B) all of the production facilities of which are located in
        the United States.''.

    SEC. 106. REPORT REGARDING NATIONAL DATABASE OF SMALL MANUFACTURERS.

        (a) Study and Report.--The Administrator, in consultation with the
    Association of Small Business Development Centers authorized by section
    21(k) of the Small Business Act (15 U.S.C. 648(k)), shall--
            (1) study the feasibility of creating a national database of
        small manufacturers that institutions of higher education could
        access for purposes of meeting procurement needs; and
            (2) not later than 1 year after the date of enactment of this
        Act, submit a report to the Congress regarding the findings and
        conclusions of such study.
        (b) Cost Estimate.--The report referred to in subsection (a)(2)
    shall include an estimate of the cost of creating and maintaining the
    database described in subsection (a)(1).
        (c) Definition.--As used in this section, the term ``small
    manufacturer'' means a small business concern--
            (1) the primary business of which is classified in sector 31,
        32, or 33 of the North American Industrial Classification System;
        and
            (2) all of the production facilities of which are located in
        the United States.

    SEC. 107. INTERNATIONAL TRADE.

        (a) In General.--Section 7(a)(16) of the Small Business Act (15
    U.S.C. 636(a)(16)) is amended to read as follows:
            ``(16) International trade.--
                ``(A) In general.--If the Administrator determines that a
            loan guaranteed under this subsection will allow an eligible
            small business concern that is engaged in or adversely affected
            by international trade to improve its competitive position, the
            Administrator may make such loan to assist such concern in--
                    ``(i) the financing of the acquisition, construction,
                renovation, modernization, improvement, or expansion of
                productive facilities or equipment to be used in the United
                States in the production of goods and services involved in
                international trade; or
                    ``(ii) the refinancing of existing indebtedness that is
                not structured with reasonable terms and conditions.
                ``(B) Security.--Each loan made under this paragraph shall
            be secured by a first lien position or first mortgage on the
            property or equipment financed by the loan or on other assets
            of the small business concern.
                ``(C) Engaged in international trade.--For purposes of this
            paragraph, a small business concern is engaged in international
            trade if, as determined by the Administrator, the small
            business concern is in a position to expand existing export
            markets or develop new export markets.
                ``(D) Adversely affected by international trade.--For
            purposes of this paragraph, a small business concern is
            adversely affected by international trade if, as determined by
            the Administrator, the small business concern--
                    ``(i) is confronting increased competition with foreign
                firms in the relevant market; and
                    ``(ii) is injured by such competition.
                ``(E) Findings by certain federal agencies.--For purposes
            of subparagraph (D)(ii) the Administrator shall accept any
            finding of injury by the International Trade Commission or any
            finding of injury by the Secretary of Commerce pursuant to
            chapter 3 of title II of the Trade Act of 1974.''.
        (b) Limitation Increase.--Section 7(a)(3)(B) of the Small Business
    Act (15 U.S.C. 636(a)(3)(B)) is amended--
            (1) by striking ``$1,250,000'' and inserting ``$1,750,000'';
        and
            (2) by striking ``$750,000'' and inserting ``$1,250,000''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on the date of enactment of this Act.

                           Subtitle B--Authorizations

    CHAPTER 1--PROGRAM AUTHORIZATION LEVELS AND ADDITIONAL REAUTHORIZATIONS

    SEC. 121. PROGRAM AUTHORIZATION LEVELS.

        Section 20 of the Small Business Act (15 U.S.C. 631 note) is
    amended--
            (1) in subsection (a)(1), by striking ``certification'' each
        place it appears in subparagraphs (D) and (E) and inserting
        ``accreditation''; and
            (2) by striking subsections (c) through (i) and inserting the
        following:
        ``(c) Disaster Mitigation Pilot Program.--The following program
    levels are authorized for loans under section 7(b)(1)(C):
            ``(1) $15,000,000 for fiscal year 2005.
            ``(2) $15,000,000 for fiscal year 2006.
        ``(d) Fiscal Year 2005.--
            ``(1) Program levels.--The following program levels are
        authorized for fiscal year 2005:
                ``(A) For the programs authorized by this Act, the
            Administration is authorized to make--
                    ``(i) $75,000,000 in technical assistance grants, as
                provided in section 7(m); and
                    ``(ii) $105,000,000 in direct loans, as provided in
                7(m).
                ``(B) For the programs authorized by this Act, the
            Administration is authorized to make $23,050,000,000 in
            deferred participation loans and other financings. Of such sum,
            the Administration is authorized to make--
                    ``(i) $16,500,000,000 in general business loans, as
                provided in section 7(a);
                    ``(ii) $6,000,000,000 in certified development company
                financings, as provided in section 7(a)(13) and as provided
                in section 504 of the Small Business Investment Act of
                1958;
                    ``(iii) $500,000,000 in loans, as provided in section
                7(a)(21); and
                    ``(iv) $50,000,000 in loans, as provided in section
                7(m).
                ``(C) For the programs authorized by title III of the Small
            Business Investment Act of 1958, the Administration is
            authorized to make--
                    ``(i) $4,250,000,000 in purchases of participating
                securities; and
                    ``(ii) $3,250,000,000 in guarantees of debentures.
                ``(D) For the programs authorized by part B of title IV of
            the Small Business Investment Act of 1958, the Administration
            is authorized to enter into guarantees not to exceed
            $6,000,000,000, of which not more than 50 percent may be in
            bonds approved pursuant to section 411(a)(3) of that Act.
                ``(E) The Administration is authorized to make grants or
            enter into cooperative agreements for a total amount of
            $7,000,000 for the Service Corps of Retired Executives program
            authorized by section 8(b)(1).
            ``(2) Additional authorizations.--
                ``(A) There are authorized to be appropriated to the
            Administration for fiscal year 2005 such sums as may be
            necessary to carry out the provisions of this Act not elsewhere
            provided for, including administrative expenses and necessary
            loan capital for disaster loans pursuant to section 7(b), and
            to carry out the Small Business Investment Act of 1958,
            including salaries and expenses of the Administration.
                ``(B) Notwithstanding any other provision of this
            paragraph, for fiscal year 2005--
                    ``(i) no funds are authorized to be used as loan
                capital for the loan program authorized by section 7(a)(21)
                except by transfer from another Federal department or
                agency to the Administration, unless the program level
                authorized for general business loans under paragraph
                (1)(B)(i) is fully funded; and
                    ``(ii) the Administration may not approve loans on its
                own behalf or on behalf of any other Federal department or
                agency, by contract or otherwise, under terms and
                conditions other than those specifically authorized under
                this Act or the Small Business Investment Act of 1958,
                except that it may approve loans under section 7(a)(21) of
                this Act in gross amounts of not more than $2,000,000.
        ``(e) Fiscal Year 2006.--
            ``(1) Program levels.--The following program levels are
        authorized for fiscal year 2006:
                ``(A) For the programs authorized by this Act, the
            Administration is authorized to make--
                    ``(i) $80,000,000 in technical assistance grants, as
                provided in section 7(m); and
                    ``(ii) $110,000,000 in direct loans, as provided in
                7(m).
                ``(B) For the programs authorized by this Act, the
            Administration is authorized to make $25,050,000,000 in
            deferred participation loans and other financings. Of such sum,
            the Administration is authorized to make--
                    ``(i) $17,000,000,000 in general business loans, as
                provided in section 7(a);
                    ``(ii) $7,500,000,000 in certified development company
                financings, as provided in section 7(a)(13) and as provided
                in section 504 of the Small Business Investment Act of
                1958;
                    ``(iii) $500,000,000 in loans, as provided in section
                7(a)(21); and
                    ``(iv) $50,000,000 in loans, as provided in section
                7(m).
                ``(C) For the programs authorized by title III of the Small
            Business Investment Act of 1958, the Administration is
            authorized to make--
                    ``(i) $4,500,000,000 in purchases of participating
                securities; and
                    ``(ii) $3,500,000,000 in guarantees of debentures.
                ``(D) For the programs authorized by part B of title IV of
            the Small Business Investment Act of 1958, the Administration
            is authorized to enter into guarantees not to exceed
            $6,000,000,000, of which not more than 50 percent may be in
            bonds approved pursuant to section 411(a)(3) of that Act.
                ``(E) The Administration is authorized to make grants or
            enter into cooperative agreements for a total amount of
            $7,000,000 for the Service Corps of Retired Executives program
            authorized by section 8(b)(1).
            ``(2) Additional authorizations.--
                ``(A) There are authorized to be appropriated to the
            Administration for fiscal year 2006 such sums as may be
            necessary to carry out the provisions of this Act not elsewhere
            provided for, including administrative expenses and necessary
            loan capital for disaster loans pursuant to section 7(b), and
            to carry out the Small Business Investment Act of 1958,
            including salaries and expenses of the Administration.
                ``(B) Notwithstanding any other provision of this
            paragraph, for fiscal year 2006--
                    ``(i) no funds are authorized to be used as loan
                capital for the loan program authorized by section 7(a)(21)
                except by transfer from another Federal department or
                agency to the Administration, unless the program level
                authorized for general business loans under paragraph
                (1)(B)(i) is fully funded; and
                    ``(ii) the Administration may not approve loans on its
                own behalf or on behalf of any other Federal department or
                agency, by contract or otherwise, under terms and
                conditions other than those specifically authorized under
                this Act or the Small Business Investment Act of 1958,
                except that it may approve loans under section 7(a)(21) of
                this Act in gross amounts of not more than $2,000,000.''.

    SEC. 122. ADDITIONAL REAUTHORIZATIONS.

        (a) Drug-Free Workplace Program Assistance.--Section 21(c)(3)(T) of
    the Small Business Act (15 U.S.C. 648(c)(3)(T)) is amended by striking
    ``October 1, 2003'' and inserting ``October 1, 2006''.
        (b) Small Business Development Centers.--Section 21(a)(4)(C) of the
    Small Business Act (15 U.S.C. 648(a)(4)(C)) is amended--
            (1) by striking clause (vii) and inserting the following:
                ``(vii) Authorization of appropriations.--There are
            authorized to be appropriated to carry out this subparagraph--
                    ``(I) $130,000,000 for fiscal year 2005; and
                    ``(II) $135,000,000 for fiscal year 2006.'';
            (2) by redesignating clause (viii) as clause (ix); and
            (3) by inserting after clause (vii) the following:
                ``(viii) Limitation.--From the funds appropriated pursuant
            to clause (vii), the Administration shall reserve not less than
            $1,000,000 in each fiscal year to develop portable assistance
            for startup and sustainability non-matching grant programs to
            be conducted by eligible small business development centers in
            communities that are economically challenged as a result of a
            business or government facility down sizing or closing, which
            has resulted in the loss of jobs or small business instability.
            A non-matching grant under this clause shall not exceed
            $100,000, and shall be used for small business development
            center personnel expenses and related small business programs
            and services.''.

    CHAPTER 2--PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATIONS
                             AND SUNDRY AMENDMENTS

    SEC. 123. PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATION
                  PROVISIONS.

        (a) In General.--Section 27(g)(1) of the Small Business Act (15
    U.S.C. 654(g)(1)) is amended by striking ``, $5,000,000'' in the first
    sentence and all that follows through ``subsection'' in the second
    sentence and inserting the following: ``(other than subsection (b)(2)),
    $5,000,000 for each of fiscal years 2005 and 2006. Amounts made
    available under this paragraph''.
        (b) Limitation on Authorization for Small Business Development
    Centers.--Section 27(g)(2) of the Small Business Act (15 U.S.C. 654(g))
    is amended by striking ``this subsection, not more than the greater of
    10 percent or $1,000,000'' and inserting ``paragraph (1) for each of
    fiscal years 2005 and 2006, not more than the greater of 10 percent or
    $500,000''.
        (c) Additional Authorization for Technical Assistance Grants.--
    Section 27(g) of the Small Business Act (15 U.S.C. 654(g)) is amended
    by adding at the end the following:
            ``(3) Additional authorization for technical assistance
        grants.--There are authorized to be appropriated to carry out
        subsection (b)(2), $1,500,000 for each of fiscal years 2005 and
        2006. Amounts made available under this paragraph shall remain
        available until expended.''.
        (d) Limitation on Administrative Costs.--Section 27(g) of the Small
    Business Act (15 U.S.C. 654(g)), as amended by subsection (c), is
    further amended by adding at the end the following:
            ``(4) Limitation on administrative costs.--Not more than 5
        percent of the total amount made available under this subsection
        for any fiscal year shall be used for administrative costs
        (determined without regard to the administrative costs of eligible
        intermediaries).''.

    SEC. 124. GRANT PROVISIONS.

        (a) Additional Grants for Technical Assistance.--Section 27(b) of
    the Small Business Act (15 U.S.C. 654) is amended--
            (1) by striking ``There is established'' and inserting the
        following:
            ``(1) In general.--There is established''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Additional grants for technical assistance.--In addition
        to grants under paragraph (1), the Administrator may make grants
        to, or enter into cooperative agreements or contracts with, any
        grantee for the purpose of providing, in cooperation with one or
        more small business development centers, technical assistance to
        small business concerns seeking to establish a drug-free workplace
        program.''.
        (b) 2-Year Grants.--Section 27(b) of the Small Business Act (15
    U.S.C. 654(b)), as amended by subsection (a), is further amended by
    adding at the end the following:
            ``(3) 2-year grants.--Each grant made under this subsection
        shall be for a period of 2 years, subject to an annual performance
        review by the Administrator.''.

    SEC. 125. DRUG-FREE COMMUNITIES COALITIONS AS ELIGIBLE INTERMEDIARIES.

        Section 27(a)(2)(D) of the Small Business Act (15 U.S.C. 654(a)(2))
    is amended to read as follows:
                ``(D)(i) the purpose of which is--

                        ``(I) to develop comprehensive drug-free workplace
                    programs or to supply drug-free workplace services; or
                        ``(II) to provide other forms of assistance and
                    services to small business concerns; or

                    ``(ii) that is eligible to receive a grant under
                chapter 2 of the National Narcotics Leadership Act of 1988
                (21 U.S.C. 1521 et seq.).''.

    SEC. 126. PROMOTION OF EFFECTIVE PRACTICES OF ELIGIBLE INTERMEDIARIES.

        Section 27(c) of the Small Business Act (15 U.S.C. 654(c)) is
    amended to read as follows:
        ``(c) Promotion of Effective Practices of Eligible
    Intermediaries.--
            ``(1) Technical assistance and information.--The Administrator,
        after consultation with the Director of the Center for Substance
        Abuse and Prevention, shall provide technical assistance and
        information to each eligible intermediary under subsection (b)
        regarding the most effective practices in establishing and carrying
        out drug-free workplace programs.
            ``(2) Evaluation of program.--
                ``(A) Data collection and analysis.--Each eligible
            intermediary receiving a grant under this section shall
            establish a system to collect and analyze information regarding
            the effectiveness of drug-free workplace programs established
            with assistance provided under this section through the
            intermediary, including information regarding any increase or
            decrease among employees in drug use, awareness of the adverse
            consequences of drug use, and absenteeism, injury, and
            disciplinary problems related to drug use. Such system shall
            conform to such requirements as the Administrator, after
            consultation with the Director of the Center for Substance
            Abuse and Prevention, may prescribe. Not more than 5 percent of
            the amount of each grant made under subsection (b) shall be
            used by the eligible intermediary to carry out this paragraph.
                ``(B) Method of evaluation.--The Administrator, after
            consultation with the Director of the Center for Substance
            Abuse and Prevention, shall provide technical assistance and
            guidance to each eligible intermediary receiving a grant under
            subsection (b) regarding the collection and analysis of
            information to evaluate the effectiveness of drug-free
            workplace programs established with assistance provided under
            this section, including the information referred to in
            paragraph (1). Such assistance shall include the identification
            of additional information suitable for measuring the benefits
            of drug-free workplace programs to the small business concern
            and to the concern's employees and the identification of
            methods suitable for analyzing such information.''.

    SEC. 127. REPORT TO CONGRESS.

        Not later than March 31, 2006, the Administrator, in consultation
    with the Secretary of Labor, the Secretary of Health and Human
    Services, and the Director of National Drug Control Policy, shall
    submit to Congress a report that--
            (1) analyzes the information collected under section 27(c) of
        the Small Business Act;
            (2) identifies trends in such information; and
            (3) evaluates the effectiveness of the drug-free workplace
        programs established with assistance under section 27 of the Small
        Business Act (15 U.S.C. 654).

                     Subtitle C--Administration Management

    SEC. 131. LENDER EXAMINATION AND REVIEW FEES.

        Section 5(b) of the Small Business Act (15 U.S.C. 634(b)) is
    amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) in paragraph (13), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(14) require any lender authorized to make loans under
        section 7 of this Act to pay examination and review fees, which
        shall be deposited in the account for salaries and expenses of the
        Administration, and shall be available for the costs of
        examinations, reviews, and other lender oversight activities.''.

    SEC. 132. GIFTS AND CO-SPONSORSHIP OF EVENTS.

        (a) In General.--Section 4 of the Small Business Act (15 U.S.C.
    633) is amended by adding at the end the following:
        ``(g) Gifts.--
            ``(1) In general.--The Administrator may, for purposes of this
        Act, the Small Business Investment Act of 1954, and title IV of the
        Women's Business Ownership Act of 1988, solicit, accept, hold,
        administer, utilize, and dispose of gifts, devises, and bequests of
        cash, property (including tangible, intangible, real, and
        personal), subsistence, and services. Notwithstanding any other
        provision of law, the Administrator may utilize gifts, devises, or
        bequests for marketing and outreach activities, including the cost
        of promotional materials and wearing apparel.
            ``(2) Audits.--Any gift, devise, or bequest of cash accepted by
        the Administrator shall be held in a separate account and shall be
        subject to semi-annual audits by the Inspector General of the
        Administration who shall report his findings to the Congress.
            ``(3) Conflicts of interest.--No gift, devise, or bequest shall
        be solicited or accepted under the authority of this subsection if
        such solicitation or acceptance would, in the determination of the
        General Counsel, create a conflict of interest.
            ``(4) Acceptance of services and facilities for disaster loan
        program.--The Administrator may accept the services and facilities
        of Federal, State, and local agencies and groups, both public and
        private, and utilize such gratuitous services and facilities as
        may, from time to time, be necessary, to further the objectives of
        section 7(b).
        ``(h) Co-Sponsorship of Events.--
            ``(1) Authorization.--The Administrator, after consultation
        with the General Counsel, may provide assistance for the benefit of
        small business through Administration-sponsored activities, through
        cosponsored activities with any eligible entity, or through such
        other activities that the Administrator determines to be
        appropriate, including recognition events.
            ``(2) Eligible entity.--For purposes of this subsection, the
        term `eligible entity' means any for-profit or not-for-profit
        entity, any Federal, State, or local government official, or any
        Federal, State, or local government entity.
            ``(3) Prohibition on endorsements.--The Administrator shall
        ensure that the Administration and any eligible entities that
        cosponsor activities receive appropriate recognition for such
        cosponsorship, and that such recognition does not constitute or
        imply an endorsement by the Administration of any product or
        service of such entity.
            ``(4) Authority to charge fees.--Notwithstanding any other
        provision of law, the Administrator may charge a participant in any
        activity sponsored or cosponsored by the Administration a minimal
        fee, and retain and use such fee to cover the costs of such
        activity.
            ``(5) Limited delegation.--The Administrator may not delegate
        the authority described in this subsection except to the Deputy
        Administrator, an Associate Administrator, or an Assistant
        Administrator.
            ``(6) Report to congress.--The Inspector General of the
        Administration shall report semi-annually to Congress on the
        Administrator's use of authority under this subsection.
            ``(7) Rulemaking.--Not later than 180 days after the date of
        enactment of this subsection, the Administrator shall promulgate
        regulations to carry out the provisions of this subsection.''.
        (b) Conforming Amendments.--Section 8(b)(1)(A) of the Small
    Business Act (15 U.S.C. 637(b)(1)(A)) is amended--
            (1) by striking clause (ii);
            (2) by striking ``(1)(A) to provide--'' and all that follows
        through ``business concerns--'' and inserting the following:
            ``(1)(A) to provide technical, managerial, and informational
        aids to small business concerns--'';
            (3) by redesignating subclauses (I) through (IV) as clauses (i)
        through (iv), respectively;
            (4) by redesignating items (aa) and (bb) of clause (ii), as so
        redesignated by paragraph (3), as subclauses (I) and (II),
        respectively; and
            (5) by striking ``; and'' at the end of clause (iv), as so
        redesignated by paragraph (3), and inserting a period.
        (c) Sunset Provision.--The amendments made by this section are
    repealed on October 1, 2006.

                Subtitle D--Entrepreneurial Development Programs

                CHAPTER 1--OFFICE OF ENTREPRENEURIAL DEVELOPMENT

    SEC. 141. SERVICE CORPS OF RETIRED EXECUTIVES.

        (a) In General.--Section 8(b)(1)(B) of the Small Business Act (15
    U.S.C. 637(b)(1)(B)) is amended--
            (1) by striking ``this Act; and to'', and inserting ``this Act.
        To'';
            (2) by striking ``may maintain at its headquarters'' and all
        that follows through ``That any'' and inserting ``shall maintain at
        its headquarters and pay the salaries, benefits, and expenses of a
        volunteer and professional staff to manage and oversee the program.
        Any''; and
            (3) by striking the period at the end and inserting ``and the
        management of the contributions received.''.
        (b) Regulations.--The Administration shall, not later than 180 days
    after the date of enactment of this Act, promulgate regulations to
    carry out the amendments made by subsection (a).

    SEC. 142. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM.

        (a) Privacy Requirements.--Section 21(a) of the Small Business Act
    (15 U.S.C. 648(a)) is amended by adding at the end the following:
            ``(7) Privacy requirements.--
                ``(A) In general.--A small business development center,
            consortium of small business development centers, or contractor
            or agent of a small business development center may not
            disclose the name, address, or telephone number of any
            individual or small business concern receiving assistance under
            this section without the consent of such individual or small
            business concern, unless--
                    ``(i) the Administrator is ordered to make such a
                disclosure by a court in any civil or criminal enforcement
                action initiated by a Federal or State agency; or
                    ``(ii) the Administrator considers such a disclosure to
                be necessary for the purpose of conducting a financial
                audit of a small business development center, but a
                disclosure under this clause shall be limited to the
                information necessary for such audit.
                ``(B) Administrator use of information.--This section shall
            not--
                    ``(i) restrict Administrator access to program activity
                data; or
                    ``(ii) prevent the Administrator from using client
                information to conduct client surveys.
                ``(C) Regulations.--
                    ``(i) In general.--The Administrator shall issue
                regulations to establish standards--

                        ``(I) for disclosures with respect to financial
                    audits under subparagraph (A)(ii); and
                        ``(II) for client surveys under subparagraph
                    (B)(ii), including standards for oversight of such
                    surveys and for dissemination and use of client
                    information.

                    ``(ii) Maximum privacy protection.--Regulations under
                this subparagraph, shall, to the extent practicable,
                provide for the maximum amount of privacy protection.
                    ``(iii) Inspector general.--Until the effective date of
                regulations under this subparagraph, any client survey and
                the use of such information shall be approved by the
                Inspector General who shall include such approval in his
                semi-annual report.''.
        (b) Term Change.--Section 21(k) of the Small Business Act (15
    U.S.C. 648(k)) is amended--
            (1) by striking ``Certification'' each place it appears and
        inserting ``Accreditation''; and
            (2) by striking ``certification'' each place it appears and
        inserting ``accreditation''.

               CHAPTER 2--OFFICE OF VETERANS BUSINESS DEVELOPMENT

    SEC. 143. ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS.

        (a) Retention of Duties.--Section 33(h) of the Small Business Act
    (15 U.S.C. 657c(h)) is amended by striking ``October 1, 2004'' and
    inserting ``October 1, 2006''.
        (b) Extension of Authority.--Section 203(h) of the Veterans
    Entrepreneurship and Small Business Development Act of 1999 (15 U.S.C.
    657b note) is amended by striking ``September 30, 2004'' and inserting
    ``September 30, 2006''.

    SEC. 144. OUTREACH GRANTS FOR VETERANS.

        Section 8(b)(17) of the Small Business Act (15 U.S.C. 637(b)(17))
    is amended by inserting before the period at the end the following: ``,
    veterans, and members of a reserve component of the Armed Forces''.

    SEC. 145. AUTHORIZATION OF APPROPRIATIONS.

        Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by
    adding at the end the following:
        ``(c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
            ``(1) $1,500,000 for fiscal year 2005; and
            ``(2) $2,000,000 for fiscal year 2006.''.

    SEC. 146. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.

        Section 33(a) of the Small Business Act (15 U.S.C. 657c(a)) is
    amended by adding at the end the following: ``Notwithstanding any other
    provision of law, the Corporation is a private entity and is not an
    agency, instrumentality, authority, entity, or establishment of the
    United States Government.''.

            CHAPTER 3--MANUFACTURING AND ENTREPRENEURIAL DEVELOPMENT

    SEC. 147. SMALL BUSINESS MANUFACTURING TASK FORCE.

        (a) Establishment.--The Administrator of the Small Business
    Administration (referred to in this subtitle as the ``Administrator'')
    shall establish a Small Business Manufacturing Task Force (referred to
    in this section as the ``Task Force'') to address the concerns of small
    manufacturers.
        (b) Chair.--The Administrator shall assign a member of the Task
    Force to serve as chair of the Task Force.
        (c) Duties.--The Task Force shall--
            (1) evaluate and identify whether programs and services are
        sufficient to serve the needs of small manufacturers;
            (2) actively promote the programs and services of the Small
        Business Administration that serve small manufacturers; and
            (3) identify and study the unique conditions facing small
        manufacturers and develop and propose policy initiatives to support
        and assist small manufacturers.
        (d) Meetings.--
            (1) Frequency.--The Task Force shall meet not less than 4 times
        per year, and more frequently if necessary to perform its duties.
            (2) Quorum.--A majority of the members of the Task Force shall
        constitute a quorum to approve recommendations or reports.
        (e) Personnel Matters.--
            (1) Compensation of members.--Each member of the Task Force
        shall serve without compensation in addition to that received for
        services rendered as an officer or employee of the United States.
            (2) Detail of sba employees.--Any employee of the Small
        Business Administration may be detailed to the Task Force without
        reimbursement, and such detail shall be without interruption or
        loss of civil service status or privilege.
        (f) Report.--Not later than 1 year after the date of enactment of
    this Act, and annually thereafter, the Task Force shall submit a report
    containing the findings and recommendations of the task force to--
            (1) the President;
            (2) the Committee on Small Business and Entrepreneurship of the
        Senate; and
            (3) the Committee on Small Business of the House of
        Representatives.

                          Subtitle E--HUBZone Program

    SEC. 151. STREAMLINING AND REVISION OF HUBZONE ELIGIBILITY
                  REQUIREMENTS.

        (a) In General.--Section 3(p) of the Small Business Act (15 U.S.C.
    632(p)) is amended--
            (1) in paragraph (3)--
                (A) by amending subparagraph (A) to read as follows:
                ``(A) a small business concern that is at least 51 percent
            owned and controlled by United States citizens;''
                (B) in subparagraph (C), by striking ``or'' at the end;
                (C) in subparagraph (D)(ii), by striking the period at the
            end and inserting ``; or''; and
                (D) by adding at the end the following:
                ``(E) a small business concern that is--
                    ``(i) a small agricultural cooperative organized or
                incorporated in the United States;
                    ``(ii) wholly owned by 1 or more small agricultural
                cooperatives organized or incorporated in the United
                States; or
                    ``(iii) owned in part by 1 or more small agricultural
                cooperatives organized or incorporated in the United
                States, if all owners are small business concerns or United
                States citizens.''; and
            (2) in paragraph (5)(A)(i)(I)(aa), by striking ``or (D)'' and
        inserting ``(C), (D), or (E)''.
        (b) Conforming Amendment.--Section 3(j) of the Small Business Act
    (15 U.S.C. 632(j)) is amended by striking ``of section 7(b)(2)''.

    SEC. 152. EXPANSION OF QUALIFIED AREAS.

        (a) Treatment of Certain Areas as HUBZones.--
            (1) Base closure areas.--Section 3(p)(1) of the Small Business
        Act (15 U.S.C. 632(p)(1)) is amended--
                (A) in subparagraph (C), by striking ``or'' at the end;
                (B) in subparagraph (D), by striking the period at the end
            and inserting ``; or''; and
                (C) by adding at the end the following:
                ``(E) base closure areas.''.
            (2) HUBZone status time line and commencement.--A base closure
        area that has undergone final closure shall be treated as a HUBZone
        for purposes of the Small Business Act for a period of 5 years.
            (3) Definition.--Section 3(p)(4) of the Small Business Act (15
        U.S.C. 632(p)(4)) is amended by adding at the end the following:
                ``(D) Base closure area.--The term `base closure area'
            means lands within the external boundaries of a military
            installation that were closed through a privatization process
            under the authority of--
                    ``(i) the Defense Base Closure and Realignment Act of
                1990 (part A of title XXIX of division B of Public Law 101-
                510; 10 U.S.C. 2687 note);
                    ``(ii) title II of the Defense Authorization Amendments
                and Base Closure and Realignment Act (Public Law 100-526;
                10 U.S.C. 2687 note);
                    ``(iii) section 2687 of title 10, United States Code;
                or
                    ``(iv) any other provision of law authorizing or
                directing the Secretary of Defense or the Secretary of a
                military department to dispose of real property at the
                military installation for purposes relating to base
                closures of redevelopment, while retaining the authority to
                enter into a leaseback of all or a portion of the property
                for military use.''.
        (b) Qualified Nonmetropolitan County.--Section 3(p)(4)(B)(ii)(II)
    of the Small Business Act (15 U.S.C. 632(p)(4)(B)(ii)(II)) is amended
    to read as follows:

                        ``(II) the unemployment rate is not less than 140
                    percent of the average unemployment rate for the United
                    States or for the State in which such county is
                    located, whichever is less, based on the most recent
                    data available from the Secretary of Labor.''.

        (c) Temporary Qualified Areas Extension and Qualified Areas
    Study.--
            (1) Redesignated area.--Section 3(p)(4)(C) of the Small
        Business Act (15 U.S.C. 632(p)(4)(C)) is amended by striking ``only
        for the 3-year period following'' and inserting the following:
        ``only until the later of--
                    ``(i) the date on which the Census Bureau publicly
                releases the first results from the 2010 decennial census;
                or
                    ``(ii) 3 years after''.
            (2) Study and report.--
                (A) Study.--The Independent Office of Advocacy of the Small
            Business Administration shall conduct a study of the HUBZone
            program to measure the effectiveness of the definitions under
            section 3(p)(4) of the Small Business Act (15 U.S.C. 632(p)(4))
            relating to HUBZone qualified areas for the purposes of
            economic impact on small business development and jobs
            creation.
                (B) Report.--Not later than May 1, 2008, the Independent
            Office of Advocacy shall submit a report to the Committee on
            Small Business and Entrepreneurship of the Senate and the
            Committee on Small Business of the House of Representatives
            that contains--
                    (i) the results of the study conducted under paragraph
                (1); and
                    (ii) any proposed changes to the existing definitions
                under section 3(p)(4) of the Small Business Act (15 U.S.C.
                632(p)(4)) relating to HUBZone qualified areas.

    SEC. 153. PRICE EVALUATION PREFERENCE.

        Section 31(b)(3) of the Small Business Act (15 U.S.C. 657a(b)(3))
    is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); and
            (2) by adding at the end the following:
                ``(C) Procurement of commodities for international food aid
            export operations.--The price evaluation preference for
            purchases of agricultural commodities by the Secretary of
            Agriculture for export operations through international food
            aid programs administered by the Farm Service Agency shall be 5
            percent on the first portion of a contract to be awarded that
            is not greater than 20 percent of the total volume of each
            commodity being procured in a single invitation.''.

    SEC. 154. HUBZONE AUTHORIZATIONS.

        Section 31(d) of the Small Business Act (15 U.S.C. 657a(d)) is
    amended by striking ``2001 through 2003'' and inserting ``2004 through
    2006''.

    SEC. 155. PARTICIPATION IN FEDERALLY FUNDED PROJECTS.

        Any small business concern that is certified, or otherwise meets
    the criteria for participation in any program under section 8(a) of the
    Small Business Act (15 U.S.C. 637(a)), shall not be required by any
    State, or political subdivision thereof, to meet additional criteria or
    certification, unrelated to the capability to provide the requested
    products or services, in order to participate as a small disadvantaged
    business in any program or project that is funded, in whole or in part,
    by the Federal Government.

                  Subtitle F--Small Business Lending Companies

    SEC. 161. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL BUSINESS
                  LENDING COMPANIES.

        Section 23 of the Small Business Act (15 U.S.C. 650) is amended to
    read as follows:

    ``SEC. 23. SUPERVISORY AND ENFORCEMENT AUTHORITY FOR SMALL BUSINESS
                  LENDING COMPANIES.

        ``(a) In General.--The Administrator is authorized--
            ``(1) to supervise the safety and soundness of small business
        lending companies and non-Federally regulated lenders;
            ``(2) with respect to small business lending companies to set
        capital standards to regulate, to examine, and to enforce laws
        governing such companies, in accordance with the purposes of this
        Act; and
            ``(3) with respect to non-Federally regulated lenders to
        regulate, to examine, and to enforce laws governing the lending
        activities of such lenders under section 7(a) in accordance with
        the purposes of this Act.
        ``(b) Capital Directive.--
            ``(1) In general.--If the Administrator determines that a small
        business lending company is being operated in an imprudent manner,
        the Administrator may, in addition to any other action authorized
        by law, issue a directive to such company to increase capital to
        such level as the Administrator determines will result in the safe
        and sound operation of such company.
            ``(2) Delegation.--The Administrator may not delegate the
        authority granted under paragraph (1) except to an Associate Deputy
        Administrator.
            ``(3) Regulations.--The Administrator shall issue regulations
        outlining the conditions under which the Administrator may
        determine the level of capital pursuant to paragraph (1).
        ``(c) Civil Action.--If a small business lending company violates
    this Act, the Administrator may institute a civil action in an
    appropriate district court to terminate the rights, privileges, and
    franchises of the company under this Act.
        ``(d) Revocation or Suspension of Loan Authority.--
            ``(1) The Administrator may revoke or suspend the authority of
        a small business lending company or a non-Federally regulated
        lender to make, service or liquidate business loans authorized by
        section 7(a) of this Act--
                ``(A) for false statements knowingly made in any written
            submission required under this Act;
                ``(B) for omission of a material fact from any written
            submission required under this Act;
                ``(C) for willful or repeated violation of this Act;
                ``(D) for willful or repeated violation of any condition
            imposed by the Administrator with respect to any application,
            request, or agreement under this Act; or
                ``(E) for violation of any cease and desist order of the
            Administrator under this section.
            ``(2) The Administrator may revoke or suspend authority under
        paragraph (1) only after a hearing under subsection (f). The
        Administrator may delegate power to revoke or suspend authority
        under paragraph (1) only to the Deputy Administrator and only if
        the Administrator is unavailable to take such action.
                ``(A) The Administrator, after finding extraordinary
            circumstances and in order to protect the financial or legal
            position of the United States, may issue a suspension order
            without conducting a hearing pursuant to subsection (f). If the
            Administrator issues a suspension under the preceding sentence,
            the Administrator shall within two business days follow the
            procedures set forth in subsection (f).
                ``(B) Any suspension under paragraph (1) shall remain in
            effect until the Administrator makes a decision pursuant to
            subparagraph (4) to permanently revoke the authority of the
            small business lending company or non-Federally regulated
            lender, suspend the authority for a time certain, or terminate
            the suspension.
            ``(3) The small business lending company or non-Federally
        regulated lender must notify borrowers of a revocation and that a
        new entity has been appointed to service their loans. The
        Administrator or an employee of the Administration designated by
        the Administrator may provide such notice to the borrower.
            ``(4) Any revocation or suspension under paragraph (1) shall be
        made by the Administrator except that the Administrator shall
        delegate to an administrative law judge as that term is used in
        section 3105 of title 5, United States Code, the authority to
        conduct any hearing required under subsection (f). The
        Administrator shall base the decision to revoke on the record of
        the hearing.
        ``(e) Cease and Desist Order.--
            ``(1) Where a small business lending company, a non-Federally
        regulated lender, or other person violates this Act or is engaging
        or is about to engage in any acts or practices which constitute or
        will constitute a violation of this Act, the Administrator may
        order, after the opportunity for hearing pursuant to subsection
        (f), the company, lender, or other person to cease and desist from
        such action or failure to act. The Administrator may delegate the
        authority under the preceding sentence only to the Deputy
        Administrator and only if the Administrator is unavailable to take
        such action.
            ``(2) The Administrator, after finding extraordinary
        circumstances and in order to protect the financial or legal
        position of the United States, may issue a cease and desist order
        without conducting a hearing pursuant to subsection (f). If the
        Administrator issues a cease and desist order under the preceding
        sentence, the Administrator shall within two business days follow
        the procedures set forth in subsection (f).
            ``(3) The Administrator may further order such small business
        lending company or non-Federally regulated lender or other person
        to take such action or to refrain from such action as the
        Administrator deems necessary to insure compliance with this Act.
            ``(4) A cease and desist order under this subsection may also
        provide for the suspension of authority to lend in subsection (d).
        ``(f) Procedure for Revocation or Suspension of Loan Authority and
    for Cease and Desist Order.--
            ``(1) Before revoking or suspending authority under subsection
        (d) or issuing a cease and desist order under subsection (e), the
        Administrator shall serve an order to show cause upon the small
        business lending company, non-Federally regulated lender, or other
        person why an order revoking or suspending the authority or a cease
        and desist order should not be issued. The order to show cause
        shall contain a statement of the matters of fact and law asserted
        by the Administrator and the legal authority and jurisdiction under
        which a hearing is to be held, and shall set forth that a hearing
        will be held before an administrative law judge at a time and place
        stated in the order. Such hearing shall be conducted pursuant to
        the provisions of sections 554, 556, and 557 of title 5, United
        States Code. If after hearing, or a waiver thereof, the
        Administrator determines that an order revoking or suspending the
        authority or a cease and desist order should be issued, the
        Administrator shall promptly issue such order, which shall include
        a statement of the findings of the Administrator and the grounds
        and reasons therefor and specify the effective date of the order,
        and shall cause the order to be served on the small business
        lending company, non-Federally regulated lender, or other person
        involved.
            ``(2) Witnesses summoned before the Administrator shall be paid
        by the party at whose instance they were called the same fees and
        mileage that are paid witnesses in the courts of the United States.
            ``(3) A cease and desist order, suspension or revocation issued
        by the Administrator, after the hearing under this subsection is
        final agency action for purposes of chapter 7 of title 5, United
        States Code. An adversely aggrieved party shall have 20 days from
        the date of issuance of the cease and desist order, suspension or
        revocation, to seek judicial review in an appropriate district
        court.
        ``(g) Removal or Suspension of Management Official.--
            ``(1) Definition.--In this section, the term `management
        official' means, with respect to a small business lending company
        or a non-Federally regulated lender, an officer, director, general
        partner, manager, employee, agent, or other participant in the
        management of the affairs of the company's or lender's activities
        under section 7(a) of this Act.
            ``(2) Removal of management official.--
                ``(A) Notice.--The Administrator may serve upon any
            management official a written notice of its intention to remove
            that management official if, in the opinion of the
            Administrator, the management official--
                    ``(i) willfully and knowingly commits a substantial
                violation of--

                        ``(I) this Act;
                        ``(II) any regulation issued under this Act;
                        ``(III) a final cease-and-desist order under this
                    Act; or
                        ``(IV) any agreement by the management official,
                    the small business lending company or non-Federally
                    regulated lender under this Act; or

                    ``(ii) willfully and knowingly commits a substantial
                breach of a fiduciary duty of that person as a management
                official and the violation or breach of fiduciary duty is
                one involving personal dishonesty on the part of such
                management official.
                ``(B) Contents of notice.--A notice under subparagraph (A)
            shall contain a statement of the facts constituting grounds
            therefor and shall fix a time and place at which a hearing,
            conducted pursuant to sections 554, 556, and 557 of title 5,
            United States Code, will be held thereon.
                ``(C) Hearing.--
                    ``(i) Timing.--A hearing under subparagraph (B) shall
                be held not earlier than 30 days and later than 60 days
                after the date of service of notice of the hearing, unless
                an earlier or a later date is set by the Administrator at
                the request of--

                        ``(I) the management official, and for good cause
                    shown; or
                        ``(II) the Attorney General.

                    ``(ii) Consent.--Unless the management official appears
                at a hearing under this paragraph in person or by a duly
                authorized representative, the management official shall be
                deemed to have consented to the issuance of an order of
                removal under subparagraph (A).
                ``(D) Order of removal.--
                    ``(i) In general.--In the event of consent under
                subparagraph (C)(ii), or if upon the record made at a
                hearing under this subsection, the Administrator finds that
                any of the grounds specified in the notice of removal has
                been established, the Administrator may issue such orders
                of removal from office as the Administrator deems
                appropriate.
                    ``(ii) Effectiveness.--An order under clause (i)
                shall--

                        ``(I) take effect 30 days after the date of service
                    upon the subject small business lending company or non-
                    Federally regulated lender and the management official
                    concerned (except in the case of an order issued upon
                    consent as described in subparagraph (C)(ii), which
                    shall become effective at the time specified in such
                    order); and
                        ``(II) remain effective and enforceable, except to
                    such extent as it is stayed, modified, terminated, or
                    set aside by action of the Administrator or a reviewing
                    court in accordance with this section.

            ``(3) Authority to suspend or prohibit participation.--
                ``(A) In general.--In order to protect a small business
            lending company, a non-Federally regulated lender or the
            interests of the Administration or the United States, the
            Administrator may suspend from office or prohibit from further
            participation in any manner in the management or conduct of the
            affairs of a small business lending company or a non-Federally
            regulated lender a management official by written notice to
            such effect served upon the management official. Such
            suspension or prohibition may prohibit the management official
            from making, servicing, reviewing, approving, or liquidating
            any loan under section 7(a) of this Act.
                ``(B) Effectiveness.--A suspension or prohibition under
            subparagraph (A)--
                    ``(i) shall take effect upon service of notice under
                paragraph (2); and
                    ``(ii) unless stayed by a court in proceedings
                authorized by subparagraph (C), shall remain in effect--

                        ``(I) pending the completion of the administrative
                    proceedings pursuant to a notice of intention to remove
                    served under paragraph (2); and
                        ``(II) until such time as the Administrator
                    dismisses the charges specified in the notice, or, if
                    an order of removal or prohibition is issued against
                    the management official, until the effective date of
                    any such order.

                ``(C) Judicial review of suspension prior to hearing.--Not
            later than 10 days after a management official is suspended or
            prohibited from participation under subparagraph (A), the
            management official may apply to an appropriate district court
            for a stay of the suspension or prohibition pending the
            completion of the administrative proceedings pursuant to a
            notice of intent to remove served upon the management official
            under paragraph (2).
            ``(4) Authority to suspend on criminal charges.--
                ``(A) In general.--If a management official is charged in
            any information, indictment, or complaint authorized by a
            United States attorney, with a felony involving dishonesty or
            breach of trust, the Administrator may, by written notice
            served upon the management official, suspend the management
            official from office or prohibit the management official from
            further participation in any manner in the management or
            conduct of the affairs of the small business lending company or
            non-Federally regulated lender.
                ``(B) Effectiveness.--A suspension or prohibition under
            subparagraph (A) shall remain in effect until the information,
            indictment, or complaint is finally disposed of, or until
            terminated by the Administrator or upon an order of a district
            court.
                ``(C) Authority upon conviction.--If a judgment of
            conviction with respect to an offense described in subparagraph
            (A) is entered against a management official, then at such time
            as the judgment is not subject to further judicial review (and
            for purposes of this subparagraph shall not include any
            petition for a writ of habeas corpus), the Administrator may
            issue and serve upon the management official an order removing
            the management official, effective upon service of a copy of
            the order upon the small business lending company or non-
            Federally regulated lender.
                ``(D) Authority upon dismissal or other disposition.--A
            finding of not guilty or other disposition of charges described
            in subparagraph (A) shall not preclude the Administrator from
            instituting proceedings under subsection (e) or (f).
            ``(5) Notification to small business lending company or a non-
        federally regulated lender.--Copies of each notice required to be
        served on a management official under this section shall also be
        served upon the small business lending company or non-Federally
        regulated lender involved.
            ``(6) Final agency action and judicial review.--
                ``(A) Issuance of orders.--After a hearing under this
            subsection, and not later than 30 days after the Administrator
            notifies the parties that the case has been submitted for final
            decision, the Administrator shall render a decision in the
            matter (which shall include findings of fact upon which its
            decision is predicated), and shall issue and cause to be served
            upon each party to the proceeding an order or orders consistent
            with this section. The decision of the Administrator shall
            constitute final agency action for purposes of chapter 7 of
            title 5, United States Code.
                ``(B) Judicial review.--An adversely aggrieved party shall
            have 20 days from the date of issuance of the order to seek
            judicial review in an appropriate district court.
        ``(h) Appointment of Receiver.--
            ``(1) In any proceeding under subsection (f)(4) or subsection
        (g)(6)(C), the court may take exclusive jurisdiction of a small
        business lending company or a non-Federally regulated lender and
        appoint a receiver to hold and administer the assets of the company
        or lender.
            ``(2) Upon request of the Administrator, the court may appoint
        the Administrator as a receiver under paragraph (1).
        ``(i) Possession of Assets.--
            ``(1) If a small business lending company or a non-Federally
        regulated lender is not in compliance with capital requirements or
        is insolvent, the Administrator may take possession of the
        portfolio of loans guaranteed by the Administrator and sell such
        loans to a third party by means of a receiver appointed under
        subsection (h).
            ``(2) If a small business lending company or a non-Federally
        regulated lender is not in compliance with capital requirements or
        is insolvent or otherwise operating in an unsafe and unsound
        condition, the Administrator may take possession of servicing
        activities of loans that are guaranteed by the Administrator and
        sell such servicing rights to a third party by means of a receiver
        appointed under subsection (h).
        ``(j) Penalties and Forfeitures.--
            ``(1) Except as provided in paragraph (2), a small business
        lending company or a non-Federally regulated lender which violates
        any regulation or written directive issued by the Administrator
        regarding the filing of any regular or special report shall pay to
        the United States a civil penalty of not more than $5,000 for each
        day of the continuance of the failure to file such report, unless
        it is shown that such failure is due to reasonable cause and not
        due to willful neglect. The civil penalties under this subsection
        may be enforced in a civil action brought by the Administrator. The
        penalties under this subsection shall not apply to any affiliate of
        a small business lending company that procures at least 10 percent
        of its annual purchasing requirements from small manufacturers.
            ``(2) The Administrator may by rules and regulations that shall
        be codified in the Code of Federal Regulations, after an
        opportunity for notice and comment, or upon application of an
        interested party, at any time previous to such failure, by order,
        after notice and opportunity for hearing which shall be conducted
        pursuant to sections 554, 556, and 557 of title 5, United States
        Code, exempt in whole or in part, any small business lending
        company or non-Federally regulated lender from paragraph (1), upon
        such terms and conditions and for such period of time as it deems
        necessary and appropriate, if the Administrator finds that such
        action is not inconsistent with the public interest or the
        protection of the Administration. The Administrator may for the
        purposes of this section make any alternative requirements
        appropriate to the situation.''.

    SEC. 162. DEFINITIONS RELATING TO SMALL BUSINESS LENDING COMPANIES.

        Section 3 of the Small Business Act (15 U.S.C. 632) is amended by
    adding at the end the following new subsection:
        ``(r) Definitions Relating to Small Business Lending Companies.--As
    used in section 23 of this Act:
            ``(1) Small business lending company.--The term `small business
        lending company' means a business concern that is authorized by the
        Administrator to make loans pursuant to section 7(a) and whose
        lending activities are not subject to regulation by any Federal or
        State regulatory agency.
            ``(2) Non-federally regulated sba lender.--The term `non-
        Federally regulated SBA lender' means a business concern if--
                ``(A) such concern is authorized by the Administrator to
            make loans under section 7;
                ``(B) such concern is subject to regulation by a State; and
                ``(C) the lending activities of such concern are not
            regulated by any Federal banking authority.''.

                       TITLE II--MISCELLANEOUS AMENDMENTS

    SEC. 201. AMENDMENT TO DEFINITION OF EQUITY CAPITAL WITH RESPECT TO
                  ISSUERS OF PARTICIPATING SECURITIES.

        Section 303(g)(4) of the Small Business Investment Act of 1958 (15
    U.S.C. 683 (g)(4)) is amended--
            (1) in the first sentence, by striking ``subsection'' and
        inserting ``Act''; and
            (2) in the second sentence, by striking ``contingent upon and
        limited to the extent of earnings'' and inserting ``from
        appropriate sources, as determined by the Administration''.

    SEC. 202. INVESTMENT OF EXCESS FUNDS.

        Section 308(b) of the Small Business Investment Act (15 U.S.C.
    687(b)) is amended by striking the last sentence and inserting the
    following: ``Any such company that is licensed before October 1, 2004
    and has outstanding financings is authorized to invest funds not needed
    for its operations--
            ``(1) in direct obligations of, or obligations guaranteed as to
        principal and interest by, the United States;
            ``(2) in certificates of deposit or other accounts of federally
        insured banks or other federally insured depository institutions,
        if the certificates or other accounts mature or are otherwise fully
        available not more than 1 year after the date of the investment; or
            ``(3) in mutual funds, securities, or other instruments that
        consist of, or represent pooled assets of, investments described in
        paragraphs (1) or (2).''.

    SEC. 203. SURETY BOND AMENDMENTS.

        (a) Clarification of Maximum Surety Bond Guarantee.--Section
    411(a)(1) of the Small Business Investment Act of 1958 (15 U.S.C.
    694b(a)(1)) is amended by striking ``contract up to'' and inserting
    ``total work order or contract amount at the time of bond execution
    that does not exceed''.
        (b) Audit Frequency.--Section 411(g)(3) of the Small Business
    Investment Act of 1958 (15 U.S.C. 694b(g)(3)) is amended by striking
    ``each year'' and inserting ``every three years''.
        (c) Repeal.--Section 207 of the Small Business Reauthorization and
    Amendment Act of 1988 (15 U.S.C. 694b note) is repealed.

    SEC. 204. EFFECTIVE DATE FOR CERTAIN FEES.

        Section 503(f) of the Small Business Investment Act of 1958 (15
    U.S.C. 697(f)) is amended by striking ``, but'' and all that follows
    through the end and inserting a period.

                                   Speaker of the House of Representatives.

                                Vice President of the United States and
                                                   President of the Senate.