[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.