[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.